In my paper, I comment on Rainer Forst's paper in this issue. I raise doubts as to whether the justification of democracy emerges from a fundamental moral right to reciprocal and general justification, as Forst claims. His basic argument appears questionable because democracy is different from a “hypothetical‐consent‐conception” of moral legitimacy, which limits as well as enables democratic legitimacy. The former cannot, however, justify the latter through an argument centered on self‐government: Such an argument relies heavily on (...) the possibility of consensus, thus neglecting the crucial phenomenon of disagreement or dissent. As a result of not adequately dealing with this phenomenon, the argument is unable to account for the basic democratic principle of majority rule as the remedy at hand. (shrink)

Domination consists in subjection to the will of others and manifests itself both as a personal relation and a structural phenomenon serving as the context for relations of power. Domination has again become a central political concern through the revival of the republican tradition of political thought . However, normative debates about domination have mostly remained limited to the context of domestic politics. Also, the republican debate has not taken into account alternative ways of conceptualizing domination. Critical theorists, liberals, feminists, (...) critical race theorists, and postcolonial writers have discussed domination in different ways, focusing on such problems as imperialism, racism, and the subjection of indigenous peoples. This volume extends debates about domination to the global level and considers how other streams in political theory and nearby disciplines enrich, expand upon, and critique the republican tradition’s contributions to the debate. This volume brings together, for the first time, mostly original pieces on domination and global political justice by some of this generation’s most prominent scholars, including Philip Pettit, James Bohman, Rainer Forst, Amy Allen, John McCormick, Thomas McCarthy, Charles Mills, Duncan Ivison, John Maynor, Terry Macdonald, Stefan Gosepath, and Hauke Brunkhorst. -/- Front matter and First chapter available for download. (shrink)

Equal Justice explores the role of the idea of equality in liberal theories of justice. The title indicates the book’s two-part thesis: first, I claim that justice is the central moral category in the socio-political domain; second, I argue for a specific conceptual and normative connection between the ideas of justice and equality. This pertains to the age-old question concerning the normative significance of equality in a theory of justice. The book develops an independent, systematic, and comprehensive theory of equality (...) and egalitarianism. The principal question is about the importance of equality in a theory of justice. More precisely, we should pose questions in four contracting circles: 1. Is justice the supreme value guiding our setup of the basic structure of society, or are there other, equally important values, such as recognition, care, communal belonging? 2. If justice is the highest guiding principle, which competing ideals—especially equality and freedom—ought to have precedence in a policy oriented toward justice? What status does the ideal of equality have in that framework? 3. If equality is a basic ideal of just policy, how should it be practically realized? What sort of equality (equal opportunity, equality of welfare, resource equality) should be demanded? 4. What patterned distribution of which specific goods does the ideal of equality demand? Which principles of distribution can be justified according to our justice ideal? To conclude and summarize: 5. What is the essential core of an egalitarian theory of justice, as opposed to an inegalitarian theory? These five questions structure the work’s order of argumentation. Part A elaborates the conceptual foundations and basic moral principles of justice and equality. Chapter I sets out to install justice as the central moral category in the socio-political domain. At the beginning of the first chapter, the conceptual foundations of justice are clarified. While not eliminating the classical distinctions between different forms of justice, I argue that the distributive paradigm is of primary importance. The primacy of justice in the socio-political domain is developed out of a confrontation with alternative positions, those which maintain either that justice generally, or distributive justice in particular, are subsidiary virtues. At the end of Chapter I, the first of the questions mentioned above is answered in a way that establishes justice as the guiding normative concept for the foundation and evaluation of any social order. To clarify the role of equality in a theory of justice, Chapter II separates the idea of equality into four different principles. They are organized in a way that begins with the most general and uncontroversial principle of equality, and progresses towards increasingly detailed and contested principles. There are two theses that articulate and defend the significance of equality for justice: First there is a conceptual connection between justice and equality, in that principles of formal and proportional equality are necessary in order to explicate the concept of justice. These two principles establish an unbreakable bond between justice and equality. Justice can only be explained—or so I argue—by reference to these and other (normative) principles of equality. The second thesis posits a normative relationship between justice and equality, which is disclosed by three substantive principles of equality: moral equality, the presumption of equality, and the principle of responsibility. I argue that the normative core of an egalitarian theory of justice is expressed by the latter two principles, which are themselves based on the first principle, that of moral equality. When we view one another as persons, what form of equality or equal treatment is normatively demanded? I argue that the answer to this question is given by the procedural principle of the presumption of equality: regardless of their apparent differences, all persons deserve strictly equal treatment, unless certain kinds of differences have whatever particular relevance would justify, on generally acceptable grounds, unequal treatment or unequal distribution. The justification of the presumption of equality is central to this work and has considerable importance. If the presumption principle’s validity can be justified by enlisting the principle of general justification, then the primacy of equality, and the essential argument for an egalitarian theory of justice, is established. This would likewise provide a procedure for the construction of a material theory of justice. The second question is answered thereby at the end of Chapter II: Equality should have primacy over competing ideals within a justice-oriented policy. The presumption of equality establishes this primacy and, at the same time, offers an appropriate metric and guideline for the construction of a material theory of distributive justice. The presumption of equality in Part B offers an elegant procedure for the development of a theory of distributive justice. Chapter III clearly sets out the necessary prerequisites that a theory of distribution must satisfy in order to determine a liberal-egalitarian distributional framework. We need to specify in which situation the distribution takes place; which goods are and are not to be distributed; in which respect the presumptive equality is to be produced; and by and to whom, and for what period, the relevant goods are to be distributed. The distribution is based on resources understood as general-purpose means. It is necessary to divide goods into different categories, since the justification for unequal treatment in one domain will not carry over into another. This makes presumptive equality necessarily complex. To that end, four spheres of justice are distinguished: (1) the political sphere, which involves allocating rights through the distribution of civil liberties; (2) the democratic sphere, in which political power and the rights of political participation are regulated; (3) the economic sphere, in which income and property are distributed; (4) the social sphere, in which social positions and opportunities are distributed. This framework of distributive justice answers the third of our guiding questions, about the nature of equality, in terms of equality of resources. Chapters IV and V set out the egalitarian distributive criteria for each sphere. I argue that the generally accepted, fundamental rights of classical liberalism are more effectively reconstructed by reference to the equal resource distribution presumptively required in those spheres. Chapter IV shows that when it comes to the first two spheres, those involving basic rights and freedoms and entitlement political participation, there can be no justified exceptions to the equal distribution of the relevant goods. That section argues, contrary to what we commonly find in theories of freedom or popular sovereignty, that the value of freedom and self-determination as the political basis of autonomy is best realized through the presumption of equal distribution. Chapter V deals with the other two spheres, those of economic goods and social positions, and argues for justified exceptions to equal distribution. In the economic sphere we find one principal reason favouring unequal distribution of resources, and three restrictions and compensations limiting that inequality. The basic exception to equal economic distribution arises from the unequal consequences of personal responsibility. From a suitably egalitarian standpoint, the principle of responsibility is the normative principle that determines which reasons justify economic inequality. Here the basic idea is that unequal shares of social goods are fair if they result from the choices and deliberate actions of the relevant parties. That individuals have to bear the costs of their own choices is a condition of autonomy. However, benefits or disadvantages arising from arbitrary and unmerited differences in social circumstances or natural endowments is unfair. The unequal consequences of independent decision-making and action must therefore be limited by compensating first for preferences, secondly for disadvantages, and thirdly by redistributing wealth in aid of the worse-off. I situations of emergency, compensating for disadvantages has priority over all other claims, owing to the urgency of the situation. Social inequalities go beyond the permissible limit if it is possible to improve the long-term social or economic situation of the worse-off by redistributing wealth to them. These exceptions lead to a complex system of free economic action within a framework of compensatory tax and transfer mechanisms. Finally, in the social sphere, the distribution of social positions, offices and opportunities must be structured to ensure that equally talented and motivated citizens have roughly equal chances of obtaining those offices or positions, irrespective of their economic or social class backgrounds. This compromise is permissible for reasons of freedom and prudence, and it makes a certain measure of inequality acceptable. The fourth of our guiding questions is answered accordingly. There are five principles of justice for the basic structure of society, and five legal principles that govern the special distribution of goods in the respective spheres—all are ranked according to their most defensible grounds of priority, ensuring that everyone is accorded equal justice. Chapter VI recapitulates the initial question of equality’s value. The conception of equal justice developed in this work postulates five principles of equality and five principles of law; these constitute an egalitarian framework because they support and promote social justice. Equality has value with respect to them, but is not given any independent, intrinsic value. That is why I call the account developed here a form of constitutive egalitarianism: justice is realized through the realization of equality, itself accomplished by applying the five postulates of equality and five distributive principles of law. This is an egalitarianism on two levels. The first level is involves the claim that morality or justice is conceptually connected with equality. The second level gives equality a substantial weight in what is conceptually validated at the first level, namely the presumption of equality, and constructs an appropriate interpretation and conception of distributive justice through principles of distribution for the individual spheres. The weight and importance of equality is shown by the distributive criteria applied to those spheres. This answers our final guiding question about the nature of an egalitarian theory. (shrink)

In this paper, I examine the question of the scope of justice, in a not unusual distributive, egalitarian, and universalistic framework. Part I outlines some central features of the egalitarian theory of justice I am proposing. According to such a conception, justice is – at least prima facie – immediately universal, and therefore global. It does not morally recognize any judicial boundaries or limits. Part II examines whether, even from a universalistic perspective, there are moral or pragmatic grounds for rejecting (...) or limiting the global scope of justice. In particular, I scrutinize five universalistic objections: (1) the principle of “moral division of labor”; (2) the connection between cooperation and distributive justice; (3) the primacy of democracy; (4) the dangers of a world state; and (5) political‐pragmatic reasons. I intend to show that these objections cannot undermine the strong normative claims of global justice. At the most, political‐pragmatic reasons speak in favor of initially striving for somewhat less, in order to receive more general backing. (shrink)

Kant wird oft als einer derjenigen großen Philosophen angesehen, dessen Werk wesentlich zum jetzigen Verständnis der Menschenrechte und Menschenwürde beigetragen hat. Kant scheint, wenn man in seine Schriften schaut, jedoch keine Theorie der Menschenrechte im modernen Sinne gehabt zu haben. Bei näherem Hinsehen zeigt sich folgender Grund: Kant unterscheidet zwischen dem bloß privaten Recht, das dem positiven Recht untergeordnet ist, und dem öffentlichen Recht, das die begrifflichen Bedingungen einer jeden legitimen, legalen Ordnung darstellt. Der Inhalt des öffentlichen Rechts wird bei (...) ihm weder direkt aus einer freistehenden Moraltheorie abgeleitet, noch aus vertraglichen Übereinkünften oder dem positiven Recht. Stattdessen soll es aus den Ermöglichungsbedingungen einer rechtmäßigen Verfassung expliziert werden, unter der allein Ansprüchen auf (ein) „Recht“ irgendeine verbindliche Autorität zukommt. Wenn man diesen Ansatz ernst nimmt, kann man kaum eine Lesart bei Kant finden, die sich mit der modernen Auffassung von Menschenrechten vereinbaren lässt. Warum aber denken dann manche, dass Kant etwas zum modernen Verständnis der Menschenrechte beizutragen hätte? So lauten denn die Leitfragen der Erörterung: Welche Auffassungen in Kants Werk kommen einem zeitgenössischen Verständnis von Menschenrechten am nächsten? Warum jedoch können diese menschrechtlich vielleicht ähnlich klingenden Auffassungen Kants den heutigen Befürwortern der Menschenrechte doch keine Quelle oder Stütze bieten? (shrink)

In order to at least begin addressing the extensive the problem of moral clarity in aiding the deprived to some degree, I first argue that the duty to aid the deprived is not merely a charitable one, dependent on the discretion, or the arbitrary will, of the giver (1). Then, before further analysing the individual duty to aid, I critically examine whether deprivation is better alleviated or remedied through the duties of corrective justice. I argue that the perspective of corrective (...) justice is important, but not sufficient when it comes to dealing with deprivation (2). I then argue that non-domination cannot serve as a first-order principle of justice. It is too minimalistic, since it would not require duties of justice where deprivation exists, but dominating relations and institutions do not. (3). Going back to the individual duty to help, I argue that the duties to aid the needy must be assessed according to the situation at hand (4). In order to avoid meaninglessness and morality’s excessive demands, one should be able to identify the responsible agents by constructing a shared and, in the last resort, institution-based duty to help (5). The institutional approach in this paper argues that we should create and reform institutions in order to realize the pre-existing requirement to alleviate global deprivation. This is a form of “global political justice” that does not start with politics, but ends with global political institutions. (shrink)

In this paper I would like to suggest that we should distinguish between three levels of education in schools: basic education for all, the cultivation of individual talents and capacities; and the selection for higher education and the job market. On each level egalitarians should in my view demand a different kind of equality and a different kind of metric. Since for the selection for higher education and the job market equality of opportunity seems the approriate metric of justice in (...) education, I turn to an analysis of four different conceptions of equality of opportunity. (shrink)

Addressees of the obligation to help the destitute in cases of need are all individuals living in better circumstances, who have a shared responsibility to eradicate states of need. In order to do justice to this obligation, they have to join together and create political institutions to jointly render assistance. These institutions must be capable of attributing an appropriate share of the common responsibility to the individual persons and of enforcing the completion of the obligation. These political constructs of shared (...) responsibility can both specify the addressee of the obligation to help and solve the problems of coordination and of excessive demands. We may thus hope that the global social ills, insofar as this is empirically possible, can be corrected or at least to significantly alleviate them. (shrink)

In Toleranz im Konflikt and in other works the German philosopher Rainer Forst presents an intricate interpretation of tolerance as a moral-political virtue. His aim is to resolve many of the well-known paradoxes by distinguishing different components of tolerance and distinguishing the reasons that we may have for objecting, accepting or rejecting certain practices and views. Good ethical reasons for objecting to certain practices and views do not morally justify their suppression by legal means and state power. In (...) this way Forst connects his inclusive analysis of tolerance, with both his account of the contexts of justification and his defense of what he calls the moral right to justification. In his critical discussion Tim Heysse sounds the political implications of this analysis of tolerance. He criticizes its exclusive focus on political and legal power and its corresponding neglect of social power. However, he also calls attention to the fact that Forst’s analysis has the merit of revealing tolerance as a potential source of political conflict in society. (shrink)

Starting from a new definition of existential paranoia, conceived philosophically as an altered form of solipsism or theologically as the revelation of an immanent inferno, we go on to explore the dissociative constitution of Dostoevsky’s novella, The Double. Influenced by the Shakespearean “I am not what I am”, Yakov Petrovich Goliadkin, the main character, builds an intriguing attack on the Jungian category of the persona, which we read as a symptom of indifferentiation. We will also analyze hero’s nightmare, where the (...) conflict between the Ego and the Doppelganger receives a tragic dimension, attempting to evaluate Goliadkin 1 and Goliadkin 2 through Jungian typology. Insights from Philip K. Dick, Emil Cioran, Rainer Maria Rilke or Mihai Eminescu will help us scrutinize the ambiguous and intricate “paranoid feeling of being”. (shrink)

According to Rainer Forst, (i) moral and political claims must meet a requirement of reciprocal and general acceptability (RGA) while (ii) we are under a duty in engaged discursive practice to justify such claims to others, or be able to do so, on grounds that meet RGA. The paper critically engages this view. I argue that Forst builds a key component of RGA, i.e., reciprocity of reasons, on an idea of the reasonable that undermines both (i) and (...) (ii): if RGA builds on this idea, RGA is viciously regressive and a duty of justification to meet RGA fails to be agent transparent. This negative result opens the door for alternative conceptions of reciprocity and generality. I then suggest that a more promising conception of reciprocity and generality needs to build on an idea of the reasonable that helps to reconcile the emancipatory or protective aspirations of reciprocal and general justification with its egalitarian commitments. But this requires to downgrade RGA in the order of justification and to determine on prior, substantive grounds what level of discursive influence in reciprocal and general justification relevant agents ought to have. (shrink)

In this essay we criticise Rainer Forst's attempt to draw a connection between power and justification, and thus ground his normative theory of a right to justification. Forst draws this connection primarily conceptually, though we will also consider whether a normative connection may be drawn within his framework. Forst's key insight is that if we understand power as operating by furnishing those subjected to it with reasons, then we create a space for the normative contestation of (...) any exercise of power. He calls this the noumenal understanding of power. Against the conceptual connection between power and justification, we argue that (i) on most plausible accounts of political freedom, some freedom-restrictions commonly attributed to the successful exercise of power would perplexingly count as failures of power on Forst's view, and that (ii) on the most plausible account of reason-recognition, namely an appropriateness of response account, a justification relation is only a sufficient but not necessary condition for recognition. Against the normative connection, we argue that (iii) Forst can establish the existence of a right to justification only if he reconsiders the transcendental aspirations of his theory. (shrink)

In this essay we criticise Rainer Forst's attempt to draw a connection between power and justification, and thus ground his normative theory of a right to justification. Forst draws this connection primarily conceptually, though we will also consider whether a normative connection may be drawn within his framework. Forst's key insight is that if we understand power as operating by furnishing those subjected to it with reasons, then we create a space for the normative contestation of (...) any exercise of power. He calls this the noumenal understanding of power. Against the conceptual connection between power and justification, we argue that (i) on most plausible accounts of political freedom, some freedom-restrictions commonly attributed to the successful exercise of power would perplexingly count as failures of power on Forst's view, and that (ii) on the most plausible account of reason-recognition, namely an appropriateness of response account, a justification relation is only a sufficient but not necessary condition for recognition. Against the normative connection, we argue that (iii) Forst can establish the existence of a right to justification only if he reconsiders the transcendental aspirations of his theory. (shrink)

Rainer Forst’s constructivism argues that a right to justification provides a reasonably non-rejectable foundation of justice. With an exemplary focus on his attempt to ground human rights, I argue that this right cannot provide such a foundation. To accord to others such a right is to include them in the scope of discursive respect. But it is reasonably contested whether we should accord to others equal discursive respect. It follows that Forst’s constructivism cannot ground human rights, or (...) justice, categorically. At best, it can ground them hypothetically. This opens the door wide for ethical foundations of human rights. (shrink)

This paper engages Rainer Forst’s doctrine of noumenal power. At the centre of this doctrine is its signature claim that power is noumenal in nature. I reconstruct Forst’s definition of power and distinguish three conceptions of noumenal power in his writings. I argue that, on each conception, we should reject that claim. It emerges that the professed noumenality of power is either a trivial feature of power, or else a feature only of some forms of power. Consequently, (...) Forst’s definition of power cannot be adequate and the claim that power is noumenal in nature is either trivial or false. (shrink)

This chapter explores Rainer Forst’s justification-centric view of nondomination toleration. This view places an idea of equal respect and a corresponding requirement of reciprocal and general justification at the core of non-domination toleration. After reconstructing this view, this chapter addresses two issues. First, even if this idea of equal respect requires the limits of non-domination toleration to be drawn in a manner that is equally justifiable to all affected people, equal justifiability should not be understood in terms of (...) Forst’s requirement of reciprocal and general acceptability. Second, for the equal justifiability of relevant constraints to ensure non-domination outcomes, discursive equality must be understood in substantive, purchase-sensitive terms. This means that a justification-centric view of non-domination toleration stands or falls with the participation value of what it regards as the standards of justification. This places reasonably contested matters of value at the heart of such views. (shrink)

This chapter examines first two broadly Hegelian variations of the freedom-justice connection by Axel Honneth and Rainer Forst, and then critically contrasts them with Hegel’s own concept of “concrete freedom” as the immanent ideal of social life and Hegel’s state as its “actuality.” I argue that this concept is capacious enough to do justice both to the human capacity in principle for context-transcending reflection on the justness of the social order central for Forst and to the limitations (...) in practice of individuals and groups for transcending the embeddedness and particularity of their perspectives emphasized by Honneth. The question of what makes a theory of a good society also a theory of justice is raised at the beginning with regard to Honneth’s account, and a reason stemming from the ontology of objective spirit is suggested at the end with regard to Hegel’s. (shrink)

To fully respond to the demands of multiculturalism, a view of toleration would need to duly respect diversity both at the level of the application of principles of toleration and at the level of the justificatory foundations that a view of toleration may appeal to. The paper examines Rainer Forst’s post-Rawlsian, ‘reason-based’ attempt to provide a view of toleration that succeeds at these two levels and so allows us to tolerate tolerantly. His account turns on the view that (...) a constructivist requirement of generality and reciprocity provides a suitable criterion of toleration since a commitment to this requirement is part of what defines people as reasonable. But it is neither plausible nor coherent to build such a requirement into an idea of reasonableness from which an account of toleration starts. Thus, constructivism cannot provide a tolerant criterion of toleration, if such criterion, in order to overcome the ‘paradox’ of intolerant toleration, must escape reasonable disagreement. (shrink)

Can we develop a definition of power that is satisfactorily determinate but also enables rather than foreclose important substantive debates about how power relations proceed and should proceed in social and political life? I present a broad definition of agential power that meets these desiderata. On this account, agents have power with respect to a certain outcome (including, inter alia, the shaping of certain social relations) to the extent that they can voluntarily determine whether that outcome occurs. This simple definition (...) generates a surprisingly complex agenda for substantive research. It is quite fruitful for both descriptive and normative purposes-or so this paper argues. The broad account of agential power offered here is partly developed through a critical engagement with Rainer Forst's important recent account of "noumenal power.". (shrink)

Rainer Forst and others claim that normative moral and political claims depend for their justification on meeting a requirement of reciprocal and general acceptability (RGA). I focus on a core component of RGA, namely, the idea of reciprocity of reasons, distinguish between two readings of RGA, and argue that if reciprocity of reasons is understood in Forst’s terms, then RGA, even on the most promising reading, may not serve as a requirement of moral or political justification at (...) all. The discussion concludes with constructive observations on a path forward for theorists who nevertheless are inclined to hold on to RGA. (shrink)

Sind die Menschenrechte primär Ausdruck einer politischen Praxis und die Idee der Menschenrechte eine Art „Überbau“, den die Praxis epiphänomenal hervorbringt? Oder ist die Praxis der Menschenrechte das Ergebnis der Verwirklichung einer normativen Idee, die unabhängig von ihr existiert? Ist die Idee der Menschenrechte die Bedingung dafür, dass es die Praxis der Menschenrechte geben kann? Oder gibt es einen Vorrang der Praxis vor der Idee? In meinem Aufsatz argumentiere ich für zwei These: 1. These: Menschenrechte sind prinzipiell unabhängig von jeder (...) bestehenden rechtlichpolitischen Praxis und sind zugleich untrennbar an bestimmte rechtlich-politische Praktiken geknüpft. Darin besteht der konstitutive Widerspruch der Menschenrechte. 2. These: Aus diesem Widerspruch folgt nicht, dass wir aufhören sollten über Menschenrechte nachzudenken und eine Politik der Menschenrechte anzustreben. Der Widerspruch hat keine lähmende Wirkung, sondern ist theoretisch und praktisch produktiv. Um diese Thesen zu plausiblisieren, werde ich zunächst einige Grundzüge von Arendts Diskussion der Menschenrechte rekapitulieren (Abschnitt 2) und ihr Postulat eines den Menschenrechten vorgelagerten „Rechts, Rechte zu haben“ diskutieren (Abschnitt 3). Ausgehend von einer kritischen Diskussion der diskurstheoretischen Weiterentwicklung von Arendts These zu einem „Recht auf Rechtfertigung“ im diskurstheoretischen Konstruktivismus von Seyla Benhabib und Rainer Forst (Abschnitt 4) werde ich einen rechtfertigungstheoretischen Dekonstruktivismus vorstellen, der das Verhältnis von Praxis und Idee der Menschenrechte als produktiven Widerspruch fasst (Abschnitt 5). (shrink)

O artigo desafia certa interpretação da teoria da justiça rawlsiana que a concebe como um paradigma distributivo-alocativo concentrado na “distribuição de coisas” para pessoas entendidas como “portadoras de coisas”, como objeta Iris Young na sua obra magna. Dada a influência da objeção da filósofa nos debates em teorias da justiça, na primeira seção é reconstruída sua crítica do paradigma distributivo-alocativo dos trabalhos de Rawls. Na segunda seção, com base no artigo divisor de águas de Elisabeth Anderson, é argumentado em que (...) sentido a intuição original de Young acerta no diagnóstico das desventuras dos debates distributivos da época, momento no qual se disputava o sentido do “igualitarismo social” da justiça rawlsiana. Em congruência com o diagnóstico descrito pelas autoras, Rainer Forst condensa suas intuições na célebre distinção das duas “imagens da justiça”: a distributiva-alocativa e a relacional. Ao passo que Forst concorda que no cenário contemporâneo concorre uma imagem da justiça – e do igualitarismo rawlsiano – como uma teoria distributiva-alocativa focada estritamente em distribuir recursos e bens pelas instituições; todavia, Forst argumenta que a justiça rawlsiana melhor se encaixa com a imagem relacional. Para mostrar seus aspectos relacionais, na quarta seção, são reconstruídas três ideias fundamentais de “justiça como equidade”: sociedade, pessoa e sociedade bem-ordenada. (shrink)

Interview of Katrin Flikschuh, Rainer Forst and Darrel Moellendorf by Valentin Beck and Julian Culp for Global Justice: Theory Practice Rhetoric.

This essay reviews two books by Rainer Forst: "The Right to Justification: Elements of a Constructivist Theory of Justice"; and "Justice, Democracy and the Right to Justification: Rainer Forst in Dialogue".

Is there an approach to human rights that justifies rights-allocating moral-political principles as principles that are equally acceptable by everyone to whom they apply, while grounding them in categorical, reasonably non-rejectable foundations? The paper examines Rainer Forst’s constructivist attempt to provide such an approach. I argue that his view, far from providing an alternative to “ethical” approaches, depends for its own reasonableness on a reasonably contestable conception of the good, namely, the good of constitutive discursive standing. This suggests (...) a way in which constructivism about human rights might be able to coherently and plausibly negotiate the tension between the scope, the depth and the strength of discursive inclusion: the justification of rights-allocating moral-political principles needs to be premised on an “ethical”, perfectionist defense of the good of constitutive discursive standing. (shrink)

The book introduces a conception of discourse ethics, an intersubjectivist version of Kantian ethics. Analysing contributions by Jürgen Habermas, Karl-Otto Apel, Wolfgang Kuhlmann, Albrecht Wellmer, Robert Alexy, Klaus Günther, Rainer Forst, Marcel Niquet and others, it reconstructs critical discussions of the justification of the principle of morality (Part I) and the various proposals for its application (Part II). It defends an alternative model of how discourse ethics can provide guidance in non-ideal circumstances and avoid both arbitrariness and rigorism.

In this article I argue that G.A. Cohen is mistaken in his belief that the concept of justice needs to be rescued from constructivist theorists of justice. In doing so, I rely on insights of John Rawls’ later work Political Liberalism and Rainer Forst’s discourse theory of justice. Such critical engagement with Cohen’s critique of constructivism is needed, because Cohen bases his critique of constructivism almost exclusively on Rawls’s arguments and positions in A Theory of Justice. He thus (...) neglects - at least by and large - that Rawls had further developed his constructivist method of justification in his later work Political Liberalism, as well as that Forst’s discourse-theoretical works offer elaborate versions of constructivism. These refined versions of constructivism recognize a plurality of reasonable conceptions of ideal justice and draw an important distinction between moral and political constructivism. Because of these features these advanced constructivist theories are not in need of Cohen’s rescue. (shrink)

The right to justification is the central tenet of Rainer Forst's theory of justice: every person has the moral right to receive justification for morally relevant actions. This approach is instructive also from a jurisprudential perspective. One important purpose of the law is to force state authorities to provide justifications for their actions. Therefore, based on the right to legal equality, justification must be provided for any unequal treatment. Likewise, restrictions of fundamental rights in a constitutional state are (...) subject to accountability as well. Binding decisions and judgements must also be justified. Currently, the obligation of argument remains poorly developed on a transnational level. It is therefore important to implement obligations for justification in this context as well. (shrink)

Moral and political forms of constructivism accord to people strong, “constitutive” forms of discursive standing and so build on, or express, a commitment to discursive respect. The paper explores dimensions of discursive respect, i.e., depth, scope, and purchase; it addresses tenuous interdependencies between them; on this basis, it identifies limitations of the idea of discursive respect and of constructivism. The task of locating discursive respect in the normative space defined by its three dimensions is partly, and importantly, an ethical task (...) that is beyond constructivism. Interdependencies between these dimensions call into question the possibility of a plausible and coherent form of discursive respect that is deep, inclusive in scope, and rich in purchase. This does not mean that we should reject discursive respect, or constructivism, for that matter. But it suggests that the task of reconciling the dimensions of discursive respect may not allow for widely shareable results. This task needs to be addressed on non-constructivist grounds. Accordingly, we have reasons to concede that constitutive forms of discursive standing are less fundamental in the order of justification than weaker, “derivative” forms, and this is so especially if we take constitutive standing to mark an important good. (shrink)

Der Aufsatz beschäftigt sich am Beispiel des deutschen "Kopftuchstreits" mit der rechtlich-politischen Auseinandersetzung um subjektive Rechte innerhalb des liberalen Rechtsstaats. Wie Christoph Menke in seiner Deutung der für den politischen Liberalismus wesentlichen politischen Konflikte gezeigt hat, bezieht sich diese Auseinandersetzung vorrangig auf zwei Fragen: Wer sollte Anspruch darauf genießen, ein politisches Subjekt zu sein, das heißt, als Gleiche oder Gleicher berücksichtigt zu werden? Welche Ansprüche politischer Subjekte könneen als schützenswerte Verwirklichung subjektiver Rechte gelten? Der vorliegende Beitrag beschäftigt sich vorwiegend mit (...) der Frage, wie die politischen Konflikte des letztgenannten Typs auf die rechtliche Auseinandersetzung um Grundrechte abfärben. Damit wende ich mich gegen ein Verständnis der Grundrechte, das diese als Garant der ethischen Neutralität eines liberalen Gemeinwesens ansieht. Ich möchte zeigen, dass der Sinn subjektiver Rechte in der liberalen Demokratie zwar unter anderem genau darin besteht, dass sie partikulare ethische Wertvorstellungen neutralisieren und die Bürgerinnen und Bürger innerhalb eines vernünftigen Rahmens vor Unterdrückung schützen. Wie eine Analyse der Entscheidungen des Bundesverfassungsgerichts (BVerfG) zum "Kopftuchstreit" zeigt, wird diese Funktion aber stets zugleich durch die partikulare Interpretation gleicher Rechte unterminiert. Dies bezeichne ich als die Dekonstruktion der Neutralität, die sich im Recht vollzieht. (shrink)

The chapter deals with misconceptions in perception theory that are based on the idea of slicing the nature of perception along the joints of physics and on corresponding ill-conceived ʹpurposesʹ and ʹgoalsʹ of the perceptual system. It argues that the conceptual structure underlying the percept cannot be inferentially attained from the sensory input. The output of the perceptual system, namely meaningful categories, is evidently vastly underdetermined by the sensory input, namely physico-geometric energy patterns. Thus, the core task of perception theory (...) is to understand the internal conceptual structure with which our perceptual system is endowed. The conceptual structure underlying the semantic distinctions that characterise the output of the perceptual system can, by conceptual necessity, only be expressed by a logical language that is strictly more powerful than the logical language by which sensory notions can be expressed. Consequently, the internal structure underlying perceptual meaning – including core notions such as ‘Gestalt’ or ‘perceptual object’ – cannot be derived, by whatever kind of general inductive machinery, from the sensory input, or, more generally, from experience. (shrink)

Colour is, according to prevailing orthodoxy in perceptual psychology, a kind of autonomous and unitary attribute. It is regarded as unitary or homogeneous by assuming that its core properties do not depend on the type of ‘perceptual object’ to which it pertains and that‘colour per se’ constitutes a natural attribute in the functional architecture of the perceptual system. It is regarded as autonomous by assuming that it can be studied in isolation of other perceptual attributes. These assumptions also provide the (...) pillars for the technical field of colorimetry, and have proved very fruitful for neurophysiological investigations into peripheral colour coding. They also have become, in a technology-driven cultural process of abstraction, part of our common-sense conception of colour. With respect to perception theory, however, both assumptions are grossly inadequate, on both empirical and theoretical grounds. All the same, the idea of an internal homogeneous and autonomous attribute of ‘colour per se’, mostly taken not as an empirical hypothesis but as a kind of truism, became a guiding idea in perceptual psychology. Here, it has impeded the identification of relevant theoretical issues and consequently has become detrimental for the development of explanatory frameworks for the role of ‘colour’ within the structure of our perceptual system. The chapter argues that enquiries into colour perception cannot be divorced from general enquiries into the structure of the conceptual forms underlying perception. (shrink)

Interactive social cognition theory and approaches of developmental psychology widely agree that central aspects of emotional and social experience arise in the unfolding of processes of embodied social interaction. Bi-directional dynamical couplings of bodily displays such as facial expressions, gestures, and vocalizations have repeatedly been described in terms of coordination, synchrony, mimesis, or attunement. In this paper, I propose conceptualizing such dynamics rather as processes of affective resonance. Starting from the immediate phenomenal experience of being immersed in interaction, I develop (...) the philosophical notion of affective resonance to refer to a dynamic entanglement of moving and being-moved in relation. The concept of affective resonance makes visible that the interaction dynamic itself creates an affective experience rather than transmitting internal feeling states between pre-existent individuals. This leads to a philosophical framework in which relationality and ontogeny are primary over separate individuals, and in which the naturalistic distinction of a fundamental physical level versus an emerging level of social processes has to be given up. (shrink)

The chapter outlines an abstract theoretical framework that is currently (re-)emerging in the course of a theoretical convergence of several disciplines. In the first section, the fundamental problem of perception theory is formulated, namely, the generation, by the perceptual system, of meaningful categories from physicogeometric energy patterns. In the second section, it deals with basic intuitions and assumptions underlying what can be regarded as the current Standard Model of Perceptual Psychology and points out why this model is profoundly inadequate for (...) dealing with the fundamental problem of perception theory. In the third section, it discusses a level of analysis that promises to be fruitful for dealing, in conformity with established procedures of the natural sciences, with the problem of perceptual “meaning” and the problem of what constitutes a “perceptual object.” In the fourth section, it outlines a theoretical perspective on basic principles of the perceptual system which centers on the notions of complex data types and conceptual forms, and draws an entirely different theoretical picture of the role of the sensory input than traditional accounts. The final section focusses on the issue of material qualities and discusses, within the general theoretical framework outlined, some observations and results on the perception of certain material properties, namely, lustrous and glassy appearances. (shrink)

The chapter argues from an ethology-inspired internalist perspective that ‘colour’ is not a homogeneous and autonomous attribute, but rather plays different roles in different conceptual forms underlying perception. It discusses empirical and theoretical evidence that indicates that core assumptions underlying orthodox conceptions are grossly inadequate. The assumptions pertain to the idea that colour is a kind of autonomous and unitary attribute. It is regarded as unitary or homogeneous by assuming that its core properties do not depend on the type of (...) ‘perceptual object’ to which it pertains and that‘colour per se’ constitutes a natural attribute in the functional architecture of the perceptual system. It is regarded as autonomous by assuming that it can be studied in isolation of other perceptual attributes. More generally, the chapter argues on the bases of corresponding empirical and theoretical evidence that perception cannot be understood as the ‘recovery’ of physical world structure from sensory structure by input-based computational processes. Rather, the sensory input serves as a kind of sign for biologically relevant aspects of the external world that activates biologically given conceptual forms with their internal parameters. Although the sensory input is a causally necessary requirement for the activation of conceptual forms, the perceptual computations triggered are under the control of an internal programme based on a set of conceptual forms. (shrink)

It is a characteristic feature of our mental make-up that the same perceptual input situation can simultaneously elicit conflicting mental perspectives. This ability pervades our perceptual and cognitive domains. Striking examples are the dual character of pictures in picture perception, pretend play, or the ability to employ metaphors and allegories. I will argue that traditional approaches, beyond being inadequate on principle grounds, are theoretically ill-equipped to deal with these achievements. I will then outline a theoretical perspective that has been emerging (...) from a theoretical convergence of perceptual psychology, ethology, linguistics, and developmental research. On the basis of this framework, I will argue that corresponding achievements are brought forth by a specific type of functional architecture whose core features are: (i) a perceptual system that is biologically furnished with a rich system of conceptual forms, (ii) a triggering relation between the sensory input and conceptual forms by which the same sensory input can be exploited by different types or systems of conceptual forms, and (iii) computational principles for handling semantically underspecified conceptual forms. Characteristic features of the proposed theoretical framework will be pointed out using the Heider-Simmel phenomenon as an example. (shrink)

The chapter deals with the notion of phenomenal realness, which was first systematically explored by Albert Michotte. Phenomenal realness refers to the impression that a perceptual object is perceived to have an autonomous existence in our mind-independent world. Perceptual psychology provides an abundance of phenomena, ranging from amodal completion to picture perception, that indicate that phenomenal realness is an independent perceptual attribute that can be conferred to perceptual objects in different degrees. The chapter outlines a theoretical framework that appears particularly (...) well-suited for dealing with corresponding phenomena. According to this framework, perception can be understood as a triggering of conceptual forms by sensor inputs. It is argued that the attribute of phenomenal realness is based on specific types of internal evaluation functions which deal with the segregation of causes conceived as ‘external’ from those conceived as ‘internal’. These evaluation functions integrate different internal sources of ‘knowledge’ about the potential causes for the activation of conceptual forms and provide markers by which conceptual forms can be tagged as ‘external world objects’. (shrink)

This is a big-picture discussion of an important implication of Darwinism for ethics. I argue that there is a misfit between our scientific view of the natural world and the view, still dominant in academic philosophy and wider society alike, that there is a discrete hierarchy of moral status among conscious beings. I will suggest that the clear line of traditional morality – between human beings and other animals – is a remnant of an obsolete moral outlook, not least because (...) it has no counterpart in empirical reality, and I will invite the reader to think, with me, about tenable alternatives. (shrink)

There are few moral convictions that enjoy the same intuitive plausibility and level of acceptance both within and across nations, cultures, and traditions as the conviction that, normally, it is morally wrong to kill people. Attempts to provide a philosophical explanation of why that is so broadly fall into three groups: Consequentialists argue that killing is morally wrong, when it is wrong, because of the harm it inflicts on society in general, or the victim in particular, whereas personhood and human (...) dignity accounts see the wrongness of killing people in its typically involving a failure to show due respect for the victim and his or her intrinsic moral worth. I argue that none of these attempts to explain the wrongness of killing is successful. Consequentialism generates too many moral reasons to kill, cannot account for deeply felt and widely shared intuitions about the comparative wrongness of killing, and gives the wrong kind of explanation of the wrongness of killing. Personhood and human dignity accounts each draw a line that is arbitrary and entirely unremarkable in terms of empirical reality, and hence ill-suited to carry the moral weight of the difference in moral status between the individuals below and above it. Paying close attention to the different ways in which existing accounts fail to convince, I identify a number of conditions that any plausible account of the wrongness of killing must meet. I then go on to propose an account that does. I suggest that the reason that typically makes killing normal human adults wrong equally applies to atypical human beings and a wide range of non-human animals, and hence challenge the idea that killing a non-human animal is normally easier to justify than killing a human being. This idea has persisted in Western philosophy from Aristotle to the present, and even progressive moral thinkers and animal advocates such as Peter Singer and Tom Regan are committed to it. I conclude by discussing some important practical implications of my account. (shrink)

When does opinion formation within an interacting group lead to consensus, polarization or fragmentation? The article investigates various models for the dynamics of continuous opinions by analytical methods as well as by computer simulations. Section 2 develops within a unified framework the classical model of consensus formation, the variant of this model due to Friedkin and Johnsen, a time-dependent version and a nonlinear version with bounded confidence of the agents. Section 3 presents for all these models major analytical results. Section (...) 4 gives an extensive exploration of the nonlinear model with bounded confidence by a series of computer simulations. An appendix supplies needed mathematical definitions, tools, and theorems. (shrink)

This working paper combines Lukas Schmid’s article “Responding to unauthorized residence: on a dilemma between ‘firewalls’ and ‘regularisations’” with three critical responses as well as a rejoinder by the author. Schmid argues that a set of liberal-democratic commitments gives conscientious policymakers strong reason to implement both so-called ‘firewall’ and ‘regularisation’ policies, thereby protecting unauthorised immigrants’ basic needs and interests and officially incorporating many of them in society. He then explains that the background imperative of immigration control creates a dilemmatic tension (...) between these policies, as regularisation is envisaged alongside the removal of the ineligible, which is in turn hindered by the implementation of firewalls. This creates a dilemma between the pursuit of two policy goals that are both underwritten by the same value commitments. Schmid concludes that the best way to mitigate this dilemma is to design regularisation policy in a way that leaves only a small number of unauthorised immigrants subject to removal. Antje Ellermann’s response reflects critically on Schmid’s understanding of firewalls, arguing that there is good reason to think that the presence of firewalls does not hinder the implementation of removals of unauthorised immigrants who are ineligible for regularisation. She concludes that, contrary to Schmid’s argument, there is no true ethical dilemma between firewall and regularisation policy. Adam Omar Hosein’s contribution argues that the tensions Schmid discusses arise only because of his adoption of widely shared assumptions about the proper basis for regularisation policies. He suggests they can be avoided by adopting a superior justification for regularisations: the ‘autonomy argument.’ In the last response, Cecilia Menjívar reflects on some constraints conscientious policymakers may face when dealing with ethically dilemmatic choices, such as a policy landscape of government agencies with conflicting goals as well as foreign policy and international obligations, all of which are rooted in anti-immigrant backlash and racism around the globe. The working paper concludes with a rejoinder, in which Schmid discusses the contributors’ key points, outlines agreements and disagreements, and explores the bigger picture sketched by the working paper’s discussions. (shrink)

Digitalisierung ist nicht nur ein technisches Geschehen, sondern erfasst als machtvoller kultureller Prozess alle Lebensbereiche. Die Einsicht, dass soziotechnische Vorgänge gestaltbar sind, erlaubt eine grundsätzliche Reflexion über die neuen Handlungsmöglichkeiten und Zumutungen sowohl in individueller wie auch in kollektiver Perspektive. Welche Herausforderungen stellen sich für unsere bewährten Überzeugungen und sozialen Praktiken in den Prozessen von Verantwortung, Verständigung, Vernunft und Macht? Die Beiträger*innen analysieren aktuelle Entwicklungen der Digitalisierung und tragen im Lichte provisorischer Maßstäbe praktischer Vernunft zu einer aufgeklärten öffentlichen Diskussion über (...) (nicht) wünschenswerte technokulturelle Zukünfte bei. (shrink)

The cognitive neurosciences are based on the idea that the level of neurons or neural networks constitutes a privileged level of analysis for the explanation of mental phenomena. This paper brings to mind several arguments to the effect that this presumption is ill-conceived and unwarranted in light of what is currently understood about the physical principles underlying mental achievements. It then scrutinizes the question why such conceptions are nevertheless currently prevailing in many areas of psychology. The paper argues that corresponding (...) conceptions are rooted in four different aspects of our common-sense conception of mental phenomena and their explanation, which are illegitimately transferred to scientific enquiry. These four aspects pertain to the notion of explanation, to conceptions about which mental phenomena are singled out for enquiry, to an inductivist epistemology, and, in the wake of behavioristic conceptions, to a bias favoring investigations of input–output relations at the expense of enquiries into internal principles. To the extent that the cognitive neurosciences methodologically adhere to these tacit assumptions, they are prone to turn into a largely a-theoretical and data - driven endeavor while at the same time enhancing the prospects for receiving widespread public appreciation of their empirical findings. (shrink)