Philosophy strives to give us a firmer hold on our concepts. But what about their hold on us? Why place ourselves under the sway of a concept and grant it the authority to shape our thought and conduct? Another conceptualization would carry different implications. What makes one way of thinking better than another? This book develops a framework for concept appraisal. Its guiding idea is that to question the authority of concepts is to ask for reasons of a special kind: (...) reasons for concept use, which tell us which concepts to adopt, adhere to, or abandon, thereby shoring up—or undercutting—the reasons for action and belief that guide our deliberations. Traditionally, reasons for concept use have been sought either in timeless rational foundations or in concepts’ inherent virtues, such as precision and consistency. Against this, the book advances two main claims: that we find reasons for concept use in the conceptual needs we discover when we critically distance ourselves from a concept by viewing it from the autoethnographic stance; and that sometimes, concepts that conflict, or exhibit other vices such as vagueness or superficiality, are just what we need. By considering not what concepts are absolutely best, but what concepts we now need, we can reconcile ourselves to the contingency of our concepts, determine the proper place of efforts to tidy up thought, and adjudicate between competing conceptions of things,—even things as contested as liberty or free will. A needs-based approach separates helpful clarification from hobbling tidy-mindedness, and authoritative definition from conceptual gerrymandering. (shrink)

Bioethics has increasingly become a standard part of medical school education and the training of healthcare professionals more generally. This is a promising development, as it has the potential to help future practitioners become more attentive to moral concerns and, perhaps, better moral reasoners. At the same time, there is growing recognition within bioethics that nonideal theory can play an important role in formulating normative recommendations. In this chapter we discuss what this shift toward nonideal theory means for ethical curricula (...) within healthcare education. In particular, we contend that more attention to the particularities of historical and social context needs to be incorporated into bioethics training. To make this argument, we focus on two examples: teaching units on race and medicine and those that focus on stigma and coercion in mental health. For both, we show how a pedagogical approach in which educators focus on social injustice could influence how practitioners engage in ethics in the clinic. This chapter, then, demonstrates what a commitment to nonideal theory can mean practically when it comes to bioethics education. (shrink)

Why did such highly abstract ideas as truth, knowledge, or justice become so important to us? What was the point of coming to think in these terms? This book presents a philosophical method designed to answer such questions: the method of pragmatic genealogy. Pragmatic genealogies are partly fictional, partly historical narratives exploring what might have driven us to develop certain ideas in order to discover what these do for us. The book uncovers an under-appreciated tradition of pragmatic genealogy which cuts (...) across the analytic-continental divide, running from the state-of-nature stories of David Hume and the early genealogies of Friedrich Nietzsche to recent work in analytic philosophy by Edward Craig, Bernard Williams, and Miranda Fricker. However, these genealogies combine fictionalizing and historicizing in ways that even philosophers sympathetic to the use of state-of-nature fictions or real history have found puzzling. To make sense of why both fictionalizing and historicizing are called for, the book offers a systematic account of pragmatic genealogies as dynamic models serving to reverse-engineer the points of ideas in relation not only to near-universal human needs, but also to socio-historically situated needs. This allows the method to offer us explanation without reduction and to help us understand what led our ideas to shed the traces of their practical origins. Far from being normatively inert, moreover, pragmatic genealogy can affect the space of reasons, guiding attempts to improve our conceptual repertoire by helping us determine whether and when our ideas are worth having. (shrink)

Trata-se de uma “reconstrução com reserva genealógica” das bases historiográficas e ideológicas do liberalismo politico e dos desdobramentos teóricos da teoria da justiça de John Rawls, tendo como fio de condutor as contribuições da filósofa Katrina Forrester e de interlocutores acerca das fases de surgimento, consolidação e expansão da paisagem intelectual, para, em seguida, avaliar os potenciais e limites da sequência de acontecimentos que tornaram possível a tradição do liberalismo igualitário se estabelecer como paradigma incontornável, e não menos controverso, na (...) história da filosofia moral e do pensamento político do século XX. (shrink)

Der neue politische Realismus erkennt in John Rawls einen Erzfeind. In jüngeren Debatten scheint oft evident zu sein, dass gerade Eine Theorie der Gerechtigkeit exemplarisch für einen Moralismus sei, der die politische Wirklichkeit verzerre. Doch die Sache ist kompliziert. In diesem Aufsatz blicke ich zurück auf sein Frühwerk im Lichte dieser Kritik. Dabei geht es mir um vier Einwände: dass Rawls’ Idealtheorie kein Ratgeber für das politische Handeln und ideologisch verblendet sei; Macht und ihre Legitimierbarkeit nicht überzeugend konzipiere; die Bedeutung (...) politischer Konflikte und Uneinigkeit über den Inhalt der Gerechtigkeit unterschätze; und verkenne, dass eine wahrlich politische Theorie auf die Geschichte eingehen müsse. Wie stichhaltig sind diese Vorwürfe und was fördern sie zutage? Der Aufsatz zeigt, dass selbst Rawls’ erstes Hauptwerk nicht so einfach eines Moralismus überführt werden kann, wie es auf den ersten Blick den Anschein hat. Damit meine ich nicht, dass die Einwände allesamt keinen Biss hätten. Doch werden die Rechtfertigungslasten der Rawls’schen Gerechtigkeitstheorie nicht immer gebührend berücksichtigt; und manche Konterpunkte sind gerade bei wichtigen philosophischen Weggabelungen nicht ausreichend mit argumentativer Substanz untermauert. Wer einen Anti-Moralismus verficht, wofür es gute Gründe gibt, sollte weiterhin das konstruktive Gespräch auch mit dem frühen Rawls suchen und auf die internen Spannungen sowie realistischen Konzessionen seines Egalitarismus achten. (shrink)

Models are the coin of the realm in current philosophy of science, as they are in science itself, having replaced laws and theories as the primary strategy. Logical Positivism tried to erase the older neo-Kantian distinction between ideal constructions and reality. It returns in the case of models. Nowak’s concept of idealization pro- vided an alternative account of this issue. It construed model application as concretizations of hypotheses which improve by accounting for exceptions. This appears to account for physical law. (...) But it raises the problem of uniqueness: is the result unique, as physical law should be? Neo-Kantianism failed this test. Its solutions were circular justifications for claims of uniqueness. Nowak inherited the problem without resolving it. (shrink)

Drawing on Bernard Williams's Truth and Truthfulness and Miranda Fricker's Epistemic Justice, this article presents an epistemic argument for democracy on the basis of its ability to incentivize more people to display the virtues of truth required for the social production and aggregation of knowledge. In particular, the article compares democracy respectively with autocracy and epistocracy, showing that it is likely to be, within the context of a modern pluralistic society, an epistemically superior regime in the sense that it creates (...) more favourable conditions for the pooling of epistemic resources. The article concludes with a multi-dimensional framework of democratic legitimacy, where democracy's epistemic value is directly tied with both the safeguard against elite domination and the development of citizens' ethical and intellectual capabilities. In this regard, the article also helps to bridge the gap between epistemic and non-epistemic approaches in democratic theory and unite what might be called the wisdom, power, and virtue of the multitude. (shrink)

There is something amiss about post-Rawlsian efforts to bring political theory down to earth by insisting upon the political primacy of the question of legitimacy, peace, or order. The intuition driving much realism seems to be that we must first agree to get along, and only then can we get down to the business of pursuing justice. I argue that the ideological narratives of the powerful pose a political problem for this primacy of legitimacy thesis. To prioritize the achievement of (...) democratic legitimacy seems to make sense only to the extent that we already live in a world in which systematic domination—and its ideological baggage—has been stamped out. I draw on the social study of domination for the sake of combatting in political theory the temptation to focus on the static design of the constitutional state at the expense of ignoring or even condemning the social processes that motivate legal and constitutional changes. (shrink)

Volume 52, Issue 9, August 2020, Page 918-922.

For critical legal scholars, the ongoing far-right assault upon the liberal status quo poses a distinct dilemma. On the one hand, the desire to condemn the far-right is overwhelming. On the other hand, such condemnations are susceptible to being appropriated as a validation of the very liberalism that critical theorists have long questioned. In seeking to transcend this dilemma, my focus is on the discourse of ‘white genocide’ — a commonplace belief amongst the far-right/white nationalists that ‘whites’, as a discrete (...) group, are facing demographic destruction as a result of deliberate policy choices. Such a belief has motivated acts of extreme violence. While libel to dismissal by experts on mainstream understandings of genocide, namely international criminal lawyers, I argue that this ‘white genocide’ discourse deserves careful scrutiny as a jurisprudential and socio-legal phenomenon that reveals key weaknesses in present modalities of liberal justification. Drawing upon an array of recent critical theories, I show how a liberalism unable to face its own decline enables the very far-right assertions it purports to oppose. Thus, given liberalism’s failure to act as a neutral arbiter, an alternative approach for those opposing the far-right is to develop a vision of politics and society that confront believers in ‘white genocide’ on a more substantive level. This, I argue, forces the far-right’s opponents to disavow liberal scepticism towards utopian transformation as well as the juridical understandings and institutions that allow this scepticism to durably persist. (shrink)

In this article I interpret John Rawls’s concept of the original position as a spiritual exercise. In addition to the standard interpretation of the original position as an expository device to select principles of justice for the fundamental institutions of society, I argue that Rawls also envisages it as a “spiritual exercise”: a voluntary personal practice intended to bring about a transformation of the self. To make this argument, I draw on the work of Pierre Hadot, a philosopher and classicist, (...) who introduced the idea of spiritual exercises as central to ancient and modern conceptions of philosophy. By reading Rawls alongside Hadot, this article portrays Rawls as a thinker deeply concerned with the question of how subjects can lead more just and fulfilling lives. It also proposes that the original position as a spiritual exercise can help defend liberalism as a social and political doctrine. (shrink)

Why is someone enduringly prized as a philosopher? To answer this question, this historical case study examines the intersecting careers of John Rawls and R. M. Hare. It looks at their writings, a complex chain of disagreements, the argumentative dimension. The essay moreover explores the clash of differing temperaments. Finally, themes in addition to ratiocination and personality are factored in: the leanings of the institutions that control access to intellectual endeavor; the public square—politics widely conceived—into which the two men were (...) thrown; and the cultural rivalry between England and America after World War Two. (shrink)

This year marks the centenary of John Rawls's birth and the fiftieth anniversary of the publication of A Theory of Justice. The influence of Rawls's landmark book on the general fields of moral and political philosophy is undisputed and well-documented. It has also left a significant imprint on debates surrounding health policy, health care, and health inequalities. This article traces the changing ways in which Rawls's theory influenced debates about justice in health over the last five decades. Just as Rawls's (...) ideas have shaped debates about health, however, these debates can help us critically appraise the theory and its limitations. In that spirit, the article sketches three areas where a focus on health reveals challenges to the Rawlsian framework: the issue of priority setting among competing goods, the theory's egalitarian commitments, and its focus on the distribution of goods. (shrink)

This paper uses Durkheim’s distinction between cause and function to explore the aims and implications of Forrester’s critique of liberal egalitarianism in In the Shadow of Justice. I suggest that there is an interesting tension in Forrester’s argument between the portrayal of Rawlsian justice theory as a vestigial institution—a ‘survival’—left over from 1950s liberalism, and its continuing presence in political theory as a doctrine that has a strong function in policing the bounds of permissible philosophical discourse on politics. I then (...) suggest that liberals are, in their nature, functionalists about politics, and that this may mean that they cannot easily countenance the kind of realism for which Forrester advocates at the end of her book. (shrink)

Recent scholarship has insisted on a more historically attentive approach to civil disobedience. This article follows their lead by arguing that the dominant understanding of civil disobedience relies on a conceptual confusion and a historical mistake. Conceptually, the literature fails to distinguish between violating a law and defying the authority of a legal order. Historically, the literature misreads the exemplary case of Martin Luther King Jr. in Birmingham, Alabama. When read in its proper context, we can see King was not (...) just a civil disobedient, violating the law in a way that shows fidelity to the law. He was a radical disobedient, challenging the authority of the legal order. As such, he was part of a long tradition of radical disobedience, extending back through militant strikes of the labor movement. The character of this disobedience was evident, both to its main protagonists, like King and Eugene V. Debs, and to its major opponents, especially the courts. In reconstructing these historical cases, I revise the civil disobedience literature and demonstrate the distinctiveness of the radical disobedience concept. (shrink)

Does neo-Rawlsian political philosophy offer an adequate account of the social conditions of capitalism? In this paper, I present two arguments for thinking that it does not. First, I develop a historicist critique of liberal egalitarianism, arguing that it provides a vision of social reality that is intimately connected to the historical and ideological constellation that I call postwar liberalism, and as such cannot account for social reality since the neoliberal revolutions of the late twentieth century. Second, I explore arguments (...) in Marxist and critical social theory that cast liberal egalitarianism as partial, on account of its inadequate portrait of capitalist society. In surveying responses to these critiques, I argue that merely extending liberal egalitarianism into new domains to account for how contemporary circumstances have changed since the mid-twentieth century cannot address the problem of its partial view of the social world. Taking seriously the insights of critical social theory and the study of capitalism should lead to a challenge to liberal egalitarianism, not an extension of it. (shrink)

Alison Jaggar recommends a radical break with a dominant approach to the philosophy of immigration shared by both liberal cosmopolitans and liberal nationalists. This paper is intended as an exploration of Jaggar’s conclusions and as an attempt to carry them further. Building on her critique, I argue that the characteristic questions asked by both cosmopolitans and nationalists appear inappropriate when seen against the political reality of immigration. In the last part of the paper, I argue that liberal nationalist contributions in (...) particular have problematized immigration and immigrants in ways not fundamentally different from those seen on the racist right. (shrink)

The “property question” is the constitutional question of whether a society’s basic resources are to be publicly or privately owned—that is, whether these basic resources are to be available to private owners, perhaps subject to tax and regulation, or are instead to be retained in joint public ownership and managed by democratic processes. James Madison’s approach represents a case in which prior holdings are taken for granted, and the property question itself is kept off of the political agenda. By contrast, (...) John Rawls’s approach abstracts from any actual pattern of holdings, while putting the property question on the political agenda, but at a particular place. This paper compares and contrasts the two approaches. Two unpublished lectures by Rawls—one of them directed at Madison—are included as an appendix. (shrink)

O artigo visa discutir o papel que a obra de John Rawls possui para o projeto teórico de Rainer Forst. Trata-se de acompanharas principaisleituras que Forst realiza sobre esse autor e discutir algumas consequências que podem ser delas depreendidas para seu modelo crítico. Assim, em primeiro lugar, discute-se a tentativa de Forst em aproximar os critérios de reciprocidade e universalidade, de seu princípio de justificação, à teoria de Rawls, ao mesmo tempo em que acusa Rawls de que sua configuração da (...) posição original atribui conteúdos substantivos aos princípios de justiça, que, na verdade, só poderiam ser concebidos comoum princípio fundamental de justificação (I). Em seguida, observa-se a leitura que Forst realiza sobre o debate entre Habermas e Rawls, a fim de extrair uma alternativa a ambos. Novamente Forst faz um movimento de aproximação e crítica a Rawls (II). Em um terceiro momento, examina-se outra tentativa de aproximação e superação à obra de Rawls, mas dessa vezatravés da distinção entre duas imagens da justiça(III). Por fim, o artigo apresenta duas interpretações gerais sobe essas leituras: que existem certas constantes nos argumentos que unem e que pretendem superar Rawls; e que contém possíveis problemas,com consequências que ocasionam certos entraves para sua teoriaem sua pretensão de ser crítica. (shrink)

Understanding the social bases of what John Rawls meant by justice requires understanding a central part of Rawls’s professional life: his role as a teacher. As this essay shows, Rawls’s approach to teaching was not ancillary to his approach to heady philosophical issues like the justification of moral reasoning. Rather, there’s an ethic that runs through Rawls’s work, one focused on deliberation and consensus-seeking, and one whose strengths and weaknesses are easiest to see when you examine his teaching.

justice as fairness envisions a society of free citizens holding equal basic rights cooperating within an egalitarian economic system. His account of political liberalism addresses the legitimate use of political power in a democracy, aiming to show how enduring unity may be achieved despite the diversity of worldviews that free institutions allow. His writings on the law of peoples extend these theories to liberal foreign policy, with the goal of imagining how a peaceful and tolerant international order might be possible.