In the present context of aging populations, the question of how to support older workers who want to stay in employment longer is of particular importance, especially from a social justice perspective with regards to income. The challenges faced by organizations and governments are unprecedented. Interesting conclusions can be drawn from our research with regard to these challenges. First of all, the perception of retirement appears more or less unchanged over the years and remains very positive. Consequently, one of the (...) barriers to the employment of older workers may be the image of retirement itself, since it is still perceived as a gift or a right. Secondly, our results confirm that forcing people to stay longer in the labour market is a largely unpopular measure. Consequently, if public retirement plans offer limited income, governments and organizations should adopt a more voluntary approach to encourage older workers to stay in employment longer for a better income. Our results highlight the importance of the sector and type of job in the measures or incentives that could encourage older workers to stay in employment longer. Consequently, governments and organizations will probably have to adopt a contingent approach; i.e., all incentives do not necessarily fit all jobs or all sectors and social justice would require this be taken into account. We identified three sets of measures that could encourage older workers to stay in employment longer, and thus have access to better economic security: the reduction of working time, the flexibility of working time, and the individualization of retirement options and working time. The progressive reduction of their working time appears most interesting to our respondents. These measures appear to favour social justice in terms of income and right to employment at the end of active careers. (shrink)

Le débat sur le travail le dimanche a tout une histoire en France, il renaît régulièrement et fait réémerger diverses questions dont plusieurs sont abordées dans cet ouvrage : le travail le dimanche, nécessité ou caprice? Quel est l’effet sur le volume de l’emploi? Quel est l’effet sur l’activité d’une ville? Et question fondamentale, aussi, sur qui faire peser ces heures « asociales »? Ce ne sont là que quelques questions que fait émerger la question du t...

En 2012, le CR10 « Les temps sociaux » avait placé notre rencontre à Rabat sous la thématique de « la déstabilisation des temps sociaux ». Depuis 2012 et le dernier congrès de l’AISLF de nouvelles perspectives ont émergé. D’abord la question des innovations, qui a été au centre de nos travaux en 2016 à Montréal. Les nouvelles technologies ont permis le développement de nouvelles pratiques dans certains secteurs d'activité : le télétravail, les espaces de coworking, qui réduisent les déplaceme...

Using a new typology based on information available from the Labour Force Survey, the authors analyse how job quality evolved in Québec for both women and men over the last decade (1997-2007). Results show that family situation and educational attainment are two important factors in the determination of gender inequality in the labour market. The analysis emphasizes the very significant decline in gender differences with regard to job quality (from 23% to 35% according to groups), especially for persons without children (...) and individuals who achieved higher education. The changes represent a definite progress in the status of women in general, although some indicators also reveal degradation with respect to job quality in some of the sub-groups. (shrink)

L’ouvrage collectif dirigé par Diane-Gabrielle Tremblay propose d’analyser la diversité des temporalités sociales et la manière dont elles sont vécues par les individus en fonction du pays, de l’âge, du contexte personnel et professionnel. Il rassemble 13 contributions réparties en 3 parties. La première traite de la conciliation emploi famille de manière globale, la seconde poursuit la réflexion sur les temps prescrits et temps réels en abordant quelques pratiques..

A. NATURAL. HISTORY. OF. THE. SENSES. “This is one of the best books of the year—by any measure you want to apply. It is interesting, informative, very well written. This book can be opened on any page and read with relish.... thoroughly  ...

This paper assesses James M. Buchanan's claim of following a positive approach in stark contrast to the normative approach to public finance of Richard A. Musgrave. The goal of this paper is to shed light on the foundations of modern American public finance by analysing one aspect of the methodology of its two most prominent fathers. I show (1) that it is difficult to distinguish Musgrave's and Buchanan's theories of public goods along the positive/normative dividing line and (2) that Buchanan's (...) theory can also be considered normative. In the first three parts, I follow the Weberian methodological tradition in looking for value judgements in the theories, and by reflecting on the nature of ideal types. In the last part, I propose a broader interpretation of Buchanan's methodological stance within the academic context of the 1960s. (shrink)

On doit à l’économiste américain d’origine allemande, Richard A. Musgrave, la formulation des critères d’Équité Horizontale (ÉH) et d’Équité Verticale (ÉV). Étant donnée une base fiscale, l’ÉH veut que les égaux soient traités également, alors que l’ÉV exige que les inégaux soient traités inégalement (par exemple que les plus riches payent proportionnellement plus d’impôts). Musgrave opère en 1959 une redescription créative de considérations d’équité qui ont une longue histoire de Hobbes à Buchanan, en passant notamment par la fameuse maxime de (...) Adam Smith. La reconstruction généalogique montre que l’ÉV et l’ÉH relèvent de la justice distributive au sens aristotélicien du terme. Un critère purement formel, l’équité en matière d’impôt signifie l’égalité proportionnelle dans la répartition des charges communes à tous les individus membres d’une communauté politique. À défaut d’un consensus théorique sur la manière de conceptualiser les contribuables, l’ÉH conserve tout de même une valeur de principe régulateur dans le cadre non idéal de débats de réforme fiscale.Codes JEL : H20, B11, B12, B20, B40, D63. (shrink)

Multiple studies show that periodic reanalysis of genomic test results held by clinical laboratories delivers significant increases in overall diagnostic yield. However, while there is a widespread consensus that implementing routine reanalysis procedures is highly desirable, there is an equally widespread understanding that routine reanalysis of individual patient results is not presently feasible to perform for all patients. Instead, researchers, geneticists and ethicists are beginning to turn their attention to one part of reanalysis—reinterpretation of previously classified variants—as a means of (...) achieving similar ends to large-scale individual reanalysis but in a more sustainable manner. This has led some to ask whether the responsible implementation of genomics in healthcare requires that diagnostic laboratories routinely reinterpret their genomic variant classifications and reissue patient reports in the case of materially relevant changes. In this paper, we set out the nature and scope of any such obligation, and analyse some of the main ethical considerations pertaining to a putative duty to reinterpret. We discern and assess three potential outcomes of reinterpretation—upgrades, downgrades and regrades—in light of ongoing duties of care, systemic error risks and diagnostic equity. We argue against the existence of any general duty to reinterpret genomic variant classifications, yet we contend that a suitably restricted duty to reinterpret ought to be recognised, and that the responsible implementation of genomics into healthcare must take this into account. (shrink)

This paper aims to deflate the idea that democracy would be in essence a privileged locus of civic trust. Three claims are defended: (1) there is nothing specific to democracy regarding the affirmation that trust is required for social cooperation; (2) democracy, when conceived discursively, depends on guarded epistemic trust and; (3) popular control may require, in some contexts, institutions that express and foster distrust towards a specific section of the population. The conclusion to be drawn is that the appropriateness (...) of trust for the achievement of popular control over government depends on a contextual and realist assessment. (shrink)

The use of genomic testing in pregnancy is increasing, giving rise to questions over how the information that is generated should be offered and returned in clinical practice. While these tests provide important information for prenatal decision-making, they can also generate information of uncertain significance. This paper critically examines three models for approaching the disclosure of variants of uncertain significance (VUS), which can arise from forms of genomic testing such as prenatal chromosomal microarray analysis (CMA). Contrary to prevailing arguments, we (...) argue that respect for reproductive autonomy does not justify adopting a model on which an offer to disclose VUS is a routine part of genetic counselling. Instead, we contend that a commitment both to solidarity between healthcare providers and pregnant women and to the acceptance of a novel principle of caution under normative uncertainty means that we should instead adopt a model of VUS disclosure that imposes a strong presumption against offering to disclose VUS. The upshot of this is that it should be standard practice to only offer to disclose VUS when this is requested by the woman undergoing CMA. We defend our position against claims that arise from an alleged right to such information and that a presumption against an offer will lead to inequity. (shrink)

The politics of reconciliation, in Canada, finds its origin in judgements of the Supreme Court affirming the objective of reconciling the sui generis authority and continued distinct existence of I...

Artificial intelligence (AI) has become nearly ubiquitous in modern society, from components of mobile applications to medical support systems, and everything in between. In societally impactful systems imbued with AI, there has been increasing concern related to opaque AI, that is, artificial intelligence where it is unclear how or why certain decisions are reached. This has led to a recent boom in research on “explainable AI” (XAI), or approaches to making AI more explainable and understandable to human users. In the (...) military domain, numerous bodies have argued that autonomous and AI-enabled weapon systems ought not incorporate unexplainable AI, with the International Committee of the Red Cross and the United States Department of Defense both explicitly including explainability as a relevant factor in the development and use of such systems. In this article, I present a cautiously critical assessment of this view, arguing that explainability will be irrelevant for many current and near-future autonomous systems in the military (which do not incorporate any AI), that it will be trivially incorporated into most military systems which do possess AI (as these generally possess simpler AI systems), and that for those systems with genuinely opaque AI, explainability will prove to be of more limited value than one might imagine. In particular, I argue that explainability, while indeed a virtue in design, is a virtue aimed primarily at designers and troubleshooters of AI-enabled systems, but is far less relevant for users and handlers actually deploying these systems. I further argue that human–machine teaming is a far more important element of responsibly using AI for military purposes, adding that explainability may undermine efforts to improve human–machine teamings by creating a prima facie sense that the AI, due to its explainability, may be utilized with little (or less) potential for mistakes. I conclude by clarifying that the arguments are not against XAI in the military, but are instead intended as a caution against over-inflating the value of XAI in this domain, or ignoring the limitations and potential pitfalls of this approach. (shrink)

The politics of reconciliation, in Canada, finds its origin in judgements of the Supreme Court affirming the objective of reconciling the sui generis authority and continued distinct existence of I...

Este ensaio visual desdobra-se de uma pesquisa poética de mestrado na qual o corpo da pesquisadora-artista é tornado objeto de si em experimentação. Essa experimentação se dá a partir da produção de uma série de fotodobragens intitulada Mulher dobrada (2016-2019), realizada em um ambiente rural de origem. Com isso, busca pensar os processos de subjetivação do feminino. O conceito filosófico de dobra, presente nos estudos de filosofia de Michel Foucault e Gilles Deleuze é aberto ao ato físico de dobrar e (...) redobrar o corpo ao meio. Um corpo definido em múltiplas formas, que pertence, mas, por vezes, destoa de seu ambiente. Um corpo que nasce nos diferentes ambientes, aos quais sempre volta, como os ciclos das plantas e a persistência de suas paisagens. Um corpo que, em uma poética, pode criar novas relações e voltar diferente. Fechado em si, protege-se do que é externo. Ao mesmo tempo, seu exercício particular é exposto ao outro, espectador. De dentro e para fora do próprio corpo, através da imagem, o gesto repetido de dobrar-se ao meio testa sua resistência. Entre a ductilidade e a quebra, movimento e inoperância, entre continuidade e ruptura, pertencimento e estranheza, no entre, visa desafiar a anatomia e o olhar identificador do corpo de mulher conhecido, através de uma mulher que olha para si. (shrink)

In international law and the ethics of war, there are a variety of actions which are seen as particularly problematic and presumed to be always or inherently wrong, or in need of some overwhelmingly strong justification to override the presumption against them. One of these actions is assassination, in particular, assassination of heads of state. In this essay I argue that the presumption against assassination is incorrect. In particular, I argue that if in a given scenario war is justified, then (...) assassination of the enemy state's leader is also justified, and in fact ought to be pursued as a means short of war. I defend this position on both consequential and deontic grounds, arguing that assassination is both more discriminate than war and serves to harm only those most responsible for the situation which justifies war in the first place. I conclude by arguing that a norm of assassination, far from being a destabilizing force, as some have argued, would in fact serve to reinforce international norms of rights and respect for persons by making clear that tyrants and would-be oppressors cannot hide behind military forces or notions of sovereignty to protect themselves from judgment and retribution. (shrink)

Nicolai Hartmann was one of the most prolific and original, yet sober, clear and rigorous, 20th century German philosophers. Hartmann was brought up as a Neo-Kantian, but soon turned his back on Kantianism to become one of the most important proponents of ontological realism. He developed what he calls the “new ontology”, on which relies a systematic opus dealing with all the main areas of philosophy. His work had major influences both in philosophy and in various scientific disciplines. The contributions (...) collected in this volume from an international group of Hartmann scholars and philosophers explore subjects such as Hartmann's philosophical development from Neo-Kantianism to ontological realism, the difference between the way he and Heidegger overcame Neo-Kantianism, his Platonism concerning eternal objects and his interpretation of Plato, his Aristotelianism, his theoretical relation to Wolff's ontology and Meinong's theory of objects, his treatment and use of the aporematic method, his metaphysics, his ethics and theory of values, his philosophy of mind, his philosophy of mathematics, as well as the influence he had on 20th century philosophical anthropology and biology. (shrink)

In this paper the cognitive, cultural, and linguistic bases for a pattern of conventionalization of two types of iconic handshapes are described. Work on sign languages has shown that handling handshapes and object handshapes express an agentive/non-agentive semantic distinction in many sign languages. H-HSs are used in agentive event descriptions and O-HSs are used in non-agentive event descriptions. In this work, American Sign Language and Italian Sign Language productions are compared as well as the corresponding groups of gesturers in each (...) country using “silent gesture.” While the gesture groups, in general, did not employ an H-HS/O-HS distinction, all participants used iconic handshapes more often in agentive than in no-agent event descriptions; moreover, none of the subjects produced an opposite pattern than the expected one . These effects are argued to be grounded in cognition. In addition, some individual gesturers were observed to produce the H-HS/O-HS opposition for agentive and non-agentive event descriptions—that is, more Italian than American adult gesturers. This effect is argued to be grounded in culture. Finally, the agentive/non-agentive handshape opposition is confirmed for signers of ASL and LIS, but previously unreported cross-linguistic differences were also found across both adult and child sign groups. It is, therefore, concluded that cognitive, cultural, and linguistic factors contribute to the conventionalization of this distinction of handshape type. (shrink)

Text of and reflection on the 1981 encounter between Hans-Georg Gadamer and Jacques Derrida, which featured a dialogue between hermeneutics in Germany and post-structuralism in France. <br.

Peut-on atteindre l'extériorité radicale, et, si oui, comment? Tout fonctionne comme si la racine de l'extériorité ne rencontrait jamais celle de l'intériorité. Mais que serait le monde si le monde intérieur et le monde extérieur n'avaient pas de racine commune? Serions-nous, alors, dans l'irrémédiable séparation? Dans l'indépassable solitude? Dans la totale altérité? Dans l'infinie différence et l'infinie indifférence? Problème philosophique et existentiel fondamental ; outre que l'art s y confronte en inventant ses voies. I l en va, entre autres, de (...) l'intériorité, de la subjectivité, de l'existence des choses matérielles, mais aussi de leur essence, des moyens de les connaître et des conditions de possibilité de cette connaissance et de ces moyens : quels enjeux! L'interprétation semble être la seule voie — bien périlleuse — pour représenter l'extériorité. Mais, alors, quel(s) type(s) d'interprétation? Philosophique, esthétique et poétique — les trois moments de ce livre? Le problème est donc à la fois celui de l'extériorité et celui de l'interprétation : eu égard à ses enjeux et à ses présupposés, il est incontournable. Le travailler éclaire sur l'interprétation et sur l'extériorité. (shrink)

Kant stated that there are three mental faculties: cognition, feeling, and desire. The faculty of feeling has received the least scholarly attention, despite its importance in Kant's broader thought, and this volume of new essays is the first to present multiple perspectives on a number of important questions about it. Why does Kant come to believe that feeling must be described as a separate faculty? What is the relationship between feeling and cognition, on the one hand, and desire, on the (...) other? What is the nature of feeling? What do the most discussed Kantian feelings, such as respect and sublimity, tell us about the nature of feeling for Kant? And what about other important feelings that have been overlooked or mischaracterized by commentators, such as enthusiasm and hope? This collaborative and authoritative volume will appeal to Kant scholars, historians of philosophy, and those working on topics in ethics, aesthetics, and emotions. (shrink)

In recent years, many disciplines have become interested in the scientific study of morality. However, a conceptual framework for this work is still lacking. In The Moral Background, Gabriel Abend develops just such a framework and uses it to investigate the history of business ethics in the United States from the 1850s to the 1930s. According to Abend, morality consists of three levels: moral and immoral behavior, or the behavioral level; moral understandings and norms, or the normative level; and the (...) moral background, which includes what moral concepts exist in a society, what moral methods can be used, what reasons can be given, and what objects can be morally evaluated at all. This background underlies the behavioral and normative levels; it supports, facilitates, and enables them. Through this perspective, Abend historically examines the work of numerous business ethicists and organizations--such as Protestant ministers, business associations, and business schools--and identifies two types of moral background. "Standards of Practice" is characterized by its scientific worldview, moral relativism, and emphasis on individuals' actions and decisions. The "Christian Merchant" type is characterized by its Christian worldview, moral objectivism, and conception of a person's life as a unity. The Moral Background offers both an original account of the history of business ethics and a novel framework for understanding and investigating morality in general. (shrink)

Kant Trouble offers a highly original and incisive reading of some of the lesser known and less lucid aspects of Kantian thought. Diane Morgan focuses her investigation on a radical reappraisal of Kant's writings on architecture, monarchy and faith in progress. She challenges the widely held view of Kant as the exponent of concrete and rigid rationality, and argues that his airtight "architectonic" mode of reasoning, which Kant identified in The Critique of Pure Reason, overlooks certain topics which destabilize (...) it. Exploring such topics as temporary forms of architecture and the concept of radical evil, Morgan arrives at a fresh and ground-breaking perspective on Kant not as a concrete rationalist but as a daring thinker--willing to entertain subversive themes that threaten his own system and the humanistic legacy of the Enlightenment. (shrink)

This paper presents a conception of corruption informed by epistemic democratic theory. I first explain the view of corruption as a disease of the political body. Following this view, we have to consider the type of actions that debase a political entity of its constitutive principal in order to assess corruption. Accordingly, we need to consider what the constitutive principle of democracy is. This is the task I undertake in the second section where I explicate democratic legitimacy. I present democracy (...) as a procedure of social inquiry about what ought to be done that includes epistemic and practical considerations. In the third section, I argue that the problem of corruption for a procedural conception of democracy is that the epistemic value of the procedure is diminished by corrupted agents’ lack of concern for truth. Corruption, according to this view, consists in two deformities of truth: lying and bullshit. These deformities corrupt since they conceal private interests under the guise of a concern for truth. In the fourth section, I discuss the difficulties a procedural account may face in formulating solutions to the problem of corruption. (shrink)

The purpose of this research was to understand institutional review board (IRB) challenges regarding youth-focused research submissions and to present advice from administrators. Semistructured self-report questionnaires were sent via e-mail to administrators identified using published lists of universities and hospitals and Internet searches. Of 183 eligible institutions, 49 responded. One half indicated they never granted parental waivers. Among those considering waivers, decision factors included research risks, survey content, and feasibility. Smoking and substance abuse research among children was generally considered more (...) than minimal risk. These findings are consistent with those from a study conducted by Mammel and Kaplan (1995), which investigated IRB practices concerning protocols involving adolescent participants. IRBs and investigators need to become aware of regulations' flexibility to ensure adequate participant protection. Investigators need to limit jargon and assumptions about participants' understanding of research objectives. (shrink)

Yann Allard-Tremblay ,Aude Bandini | : Les théories épistémiques et délibératives de la démocratie soulignent l’importance du processus de la délibération quand l’objectif poursuivi est de parvenir à de bonnes décisions. Dans cet article, nous nous intéresserons aux différents mécanismes grâce auxquels une délibération publique à la fois ouverte, libre et inclusive, peut parvenir à de bonnes décisions, avant d’envisager ce que la délibération peut apporter en cas de désaccord. Nous nous concentrerons plus particulièrement ici sur la fonction constructive (...) de la démocratie, c’est-à-dire sur cette capacité qu’a la démocratie délibérative d’identifier et de formuler, de manière épistémiquement instructive, les problèmes de justice auxquels doit faire face le corps politique. Il faudra donc d’abord expliquer comment la démocratie permet de colliger l’information et de la mettre à disposition de chacun, afin d’expliquer ensuite comment la délibération peut permettre l’émergence d’accords entre les individus. Nous verrons alors que la délibération a des limites, et pourquoi elle se révèle incapable de surmonter certains désaccords. Nous tâcherons enfin d’expliquer le rôle qu’elle joue dans la formulation des désaccords politiques. Sur ce point, nous montrerons que la délibération permet d’éviter que ne surgissent des désaccords politiques insoutenables, qui mettraient en péril l’intégrité du corps politique. | : Deliberative epistemic theories of democracy highlight the importance of deliberation for the achievement of correct decisions. The aims of this paper are to discuss the mechanisms which allow an open, free and inclusive forum of deliberation to achieve correct decisions and to discuss the impact of deliberation on disagreement. I concentrate on the constructive function of democracy which designates the capacity of deliberative democracy to identify and frame the problems of justice faced by a polity in epistemically positive ways. I first explain how democracy can pool information. This is then used to explain how deliberation can enable agreement to emerge. This is followed by a discussion of the limits of deliberation and how it is unable to resolve some disagreements. The final element of my discussion is an explanation of the role of deliberation in framing political disagreements. I argue that deliberation helps in avoiding unsustainable political disagreements which could bring about political decay. (shrink)

The principle of proportionality demands that a war (or action in war) achieve more goods than bads. In the philosophical literature there has been a wealth of work examining precisely which goods and bads may count toward this evaluation. However, in all of these discussions there is no mention of one of the most certain bads of war, namely the psychological harm(s) likely to be suffered by the combatants who ultimately must fight and kill for the purposes of winning in (...) conflict. This paper argues that harms to one’s own soldiers must be included in proportionality judgments, and goes on to argue that one of the most significant harms one’s soldiers face are the psychological stresses and traumas associated with combat. The arguments draw on a growing wealth of psychological literature exploring the connections between combatancy and psychological trauma, and highlight, in particular, the uniquely negative impact which killing has on a combatant’s mental well-being. The paper concludes that these factors place an almost certain and rather weighty negative weight in any proportionality calculations concerning wars with ground combatants who must fight “up close and personal”, and that for more remote warfighters, there is also evidence to show that they may suffer deep psychological harm as a result of their combat roles as well. The argument, however, does not attempt to demonstrate that these factors render war impermissible. Rather, it merely shows that these harms, or bads, which can be quite significant, must be factored into our considerations of proportionality. The arguments themselves are rather uncontroversial, but they bring to light an element in the moral calculus which is sadly overlooked in most discussions of the ethics of war. (shrink)

_Kant Trouble_ offers a highly original and incisive reading of some of the lesser known aspects of Kantian thought. Throughout Morgan challenges the widely held view of Kant as the exponent of concrete and rigid rationality and argues that his airtight 'architectonic' mode of reasoning overlooks certain topics which destabilise it. These include temporary forms of architecture, such as landscape gardening; examples which undermine the autonomy of the Kantian subject, for example, freemasonry; and the concept of radical evil, all of (...) which suggest that Kant's thought was capable of accommodating troubling and subversive themes. Morgan's compelling discussion arrives at a fresh and ground breaking perspective on Kant whereby he is no longer to be regarded as a concrete rationalist, but as a daring thinker, not afraid to entertain ideas highly threatening to his own system and to the humanistic legacy of the enlightenment. (shrink)

Introduction : but is it ethics? -- Alterity : the problem of transcendence -- Singularity : the unrepresentable face -- Responsibility : the infinity of the demand -- Ethics : normativity and norms -- Scarce resources? : Levinas, animals, and the environment -- Failures of recognition and the recognition of failure : Levinas and identity politics.

Sociologists often ask why particular groups of people have the moral views that they do. I argue that sociology’s empirical research on morality relies, implicitly or explicitly, on unsophisticated and even obsolete ethical theories, and thus is based on inadequate conceptions of the ontology, epistemology, and semantics of morality. In this article I address the two main problems in the sociology of morality: (1) the problem of moral truth, and (2) the problem of value freedom. I identify two ideal–typical approaches. (...) While the Weberian paradigm rejects the concept of moral truth, the Durkheimian paradigm accepts it. By contrast, I argue that sociology should be metaphysically agnostic, yet in practice it should proceed as though there were no moral truths. The Weberians claim that the sociology of morality can and should be value free; the Durkheimians claim that it cannot and it should not. My argument is that, while it is true that factual statements presuppose value judgments, it does not follow that sociologists are moral philosophers in disguise. Finally, I contend that in order for sociology to improve its understanding of morality, better conceptual, epistemological, and methodological foundations are needed. (shrink)

How should a political society be structured so as to legitimately distribute political power? One principle advanced to answer this question is the principle of subsidiarity. According to this principle, the default locus of political power is with the lowest competent political unit. This article argues that subsidiarity is a structural principle of a conception of political legitimacy informed by epistemic considerations. Broadly, the argument is that political societies organised according to the principle of subsidiarity can more effectively achieve political (...) decisions that can justifiably appear to be correct from the point of view of those subject to them. The article presents two considerations in order to establish a pro tanto case for acting separately before presenting five additional epistemic considerations that establish a prima facie case for acting separately. The article then shows that political legitimacy and the epistemic aim of decision-making can sometimes be served more effectively and efficiently by allowing higher-level political units to assist lower-level political units. (shrink)

The overall aim of this thesis is to assess the legitimacy of constitutional laws and bills of rights within the framework of procedural epistemic democracy. The thesis is divided into three sections. In the first section, I discuss the relevance of an epistemic argument for democracy under the circumstances of politics: I provide an account of reasonable disagreement and explain how usual approaches to the authority of decision-making procedures fail to take it seriously. In the second part of the thesis, (...) I provide an account of the epistemic features of democracy and of the requirements of democratic legitimacy. I develop a revised pragmatist argument for democracy which relies on three presumptive aims of decision-making: justice, sustainability and concord. In the third and last section, I first argue for the desirability of constitutionalism. I then explain why constitutionalism, as it is usually understood, is incompatible with my procedural epistemic account of democratic legitimacy. In the last chapter, I offer a two-pronged solution to the apparent incompatibility of constitutionalism and epistemic democracy. I first argue for the appropriateness of political constitutionalism, as opposed to legal constitutionalism, in understanding the relationship between rights and democracy. I then provide an account of rights protection and judicial review compatible with epistemic democratic legitimacy. Finally, I use the notion of pragmatic encroachment to explain how constitutional laws can achieve normative supremacy through the increased epistemic credentials of the procedure. (shrink)

This paper offers a revised political conception of human rights informed by legal pluralism and epistemic considerations. In the first part, I present the political conception of human rights. I then argue for four desiderata that such a conception should meet to be functionally applicable. In the rest of the first section and in the second section, I explain how abstract human rights norms and the practice of specification prevent the political conception from meeting these four desiderata. In the last (...) part of the paper, I argue that full-fledged tolerance in the international order – that is tolerance-as-non-intervention and tolerance-as-respect – should be attached to (1) compliance with jus cogens norms and to; (2a) a political community recognizably organized as a community of inquiry that is; (2b) committed to the specification and incorporation or expression of the idea of human rights within its local legal system. (shrink)

This article provides an exploration of the relationships between a procedural account of epistemic democracy, illegitimate laws and judicial review. I first explain how there can be illegitimate laws within a procedural account of democracy. I argue that even if democratic legitimacy is conceived procedurally, it does not imply that democracy could legitimately undermine itself or adopt grossly unjust laws. I then turn to the legitimacy of judicial review with regard to these illegitimate laws. I maintain that courts do not (...) have a moral privilege on the overthrow of illegitimate laws; in this respect the refusal of royal assent has the same status. I also explain how the rule of the clear mistake fails to restrict the action of courts to only illegitimate laws. Finally, I argue for the positive epistemic inputs of weak judicial review. (shrink)

I aim to explain why majority voting can be assumed to have an epistemic edge over lottery voting. This would provide support for majority voting as the appropriate decision mechanism for deliberative epistemic accounts of democracy. To argue my point, I first recall the usual arguments for majority voting: maximal decisiveness, fairness as anonymity, and minimal decisiveness. I then show how these arguments are over inclusive as they also support lottery voting. I then present a framework to measure accuracy so (...) as to compare the two decision mechanisms. I go over four arguments for lottery voting and three arguments for majority voting that support their respective accuracy. Lottery voting is then shown to have, compared to majority voting, a decreased probability of discrimination. That is, I argue that with lottery voting it is less probable under conditions of normal politics that if the procedure selects X, X is reasonable. I then provide two case scenarios for each voting mechanism that illustrate my point. (shrink)

Showing that a radical feminist analysis cuts across class, race, sexuality, region, and religion, the varied contributors in this collection reveal the global reach of radical feminism and analyze the causes and solutions to patriarchal oppression.