Argues that morals and politics require on a metaphysical backing and proposes a neoclassical metaphysics.

The Rawls–Habermas debate is having a revival. In this article I argue that both philosophers develop different freestanding conceptions of political legitimacy, and show how they diverge when it comes to how political legitimacy can be justified. Habermas is looking for a deeper justification than Rawls will allow for. I then proceed to show how the different meta-ethical positions yield two different versions of democratic theory, focusing in particular on rights and popular sovereignty. I demonstrate how both conceive of the (...) co-originality of private and public autonomy, and subsequently take issue with Habermas’ reading of Rawls. I argue that Rawls should not be understood as a natural rights theorist, that Habermas misunderstands the role of the original position, and that Rawls cannot be considered a strong constitutionalist. Thus, the real difference between Rawls and Habermas revolves around their different conceptions of political legitimacy. (shrink)

In the US and UK Births in obstetric units vastly outnumber births that take place outside of an obstetric unit. Still non-obstetric births are increasing in both countries. Is it professionally responsible to support a non-obstetric birth? It is morally responsible to choose to give birth at home? This debate has become heated with those on both sides finding empirical support for their positions. Indeed this moral debate is often carried out in terms of empirical evidence. While to some this (...) debate over the evidence is a distraction from what is genuinely at stake, namely different non-epistemic values, I will argue in this paper that the way forward is to take a closer and more fine grained look at the evidence. This closer look will first require that we distinguish between evidence of risk acceptability and evidence of safety and then focus carefully on evidence of the safety of non-obstetric births compared to obstetric births. (shrink)

Using the example of contemporary Islamic fundamentalism, and especially the writings of Sayyid Qutb, this article raises questions about discourse ethics as a mode of conflict resolution. It appears that discourse ethics is only relevant when all parties have already agreed to settle disputes deliberatively and already share the notions of rational deliberation and individual autonomy. This raises questions not only about the capability of discourse ethics to incorporate a deep plurality of worldviews, but also about its capability to successfully (...) solve disputes. When confronting situations where the willingness to deliberate is absent, discourse ethics is left standing empty handed. This, I argue, is due to both the conceptual distinction between communicative action and strategic action, as well as the abstracted nature of Habermas's discourse ethics. (shrink)

Since its inception, Stakeholder Management Capability (SMC) has constituted a powerful hermeneutic through which business organizations have understood and leveraged stakeholder relationships. On this model, achieving a high level of capability largely depends on managerial ability to effectively bargain with stakeholders and establish solidarity vis-à-vis the successful negotiation, implementation, and execution of "win–win" transactional exchanges. Against this account, it is rightly pointed out that a transactional explanation of stakeholder relationships, regarded by many as the bottom line for stakeholder management, fails (...) to provide managerial direction regarding how to resolve a variety of normative stakeholder claims that resist commoditization. In response to this issue, this paper has two overlapping goals. It seeks to elaborate a discourse theoretical approach to the problem by first drawing out Jurgen Habermas’ theory of communicative action and delineating the various types of rational discourse. Second, the paper attempts to present concrete implications for SMC relative to reshaping the contours of rational, process, and transactional analysis in light of central discourse theoretical conclusions. (shrink)

Prompted by recent comments on the moral authority of dialogic consensus, we argue that consensus, specifically dialogic consensus, possesses a unique form of moral authority. Given our multicultural era and its plurality of values, we contend that traditional ethical frameworks or principles derived from them cannot be viewed substantively. Both philosophers and clinicians prioritize the need for a decision to be morally justifiable, and also for the decision to be action-guiding. We argue that, especially against the background of our pluralistic (...) society, it is only via unforced dialogue and properly founded argumentation, aiming for consensus, that we can ascribe rightness or wrongness in a normative fashion to dilemmatic situations. We argue that both the process of dialogue, properly constituted, and the consensual outcome itself have moral authority vested within them. Finally, we argue that the consensual decision made is able to withstand moral scrutiny and is action-guiding, without claiming absolute moral authority in other contexts. (shrink)

This article seeks to revisit the distinction between the words ethics and morals. First, we understand the word ethics to be focused on the way we seek to live our own life, and hence to connote a relativistic and essentially subjective perspective, whereas we understand the word morals to be focused on the way we should live our lives together, especially through sensitivity to viewpoints other than our own. Second, we perceive a usefulness in such a differentiation when the ethical (...) values of those in a dilemmatic situation are conflicted in order to prioritize moral decision making in contemporary society. We argue that in our current era, characterized by a multiplicity of faiths and by pronounced value pluralism, a philosophical basis for moral decision making needs to be clearly attuned with intersubjectivity and interconnectivity among people. It should be able to determine principles of conduct toward others, no matter how one’s own ethical values, conceptions of the good, or life choices might differ from those of others. To do this, we relocate ethical decision making away from an essentially monological reflection on our own values and purposes into a social space wherein we have an inclusive, noncoercive, and reflective dialogue. (shrink)

This paper is predicated on the understanding that clinical encounters between clinicians and patients should be seen primarily as inter-relations among persons and, as such, are necessarily moral encounters. It aims to relocate the discussion to be had in challenging medical decision-making situations, including, for example, as the end of life comes into view, onto a more robust moral philosophical footing than is currently commonplace. In our contemporary era, those making moral decisions must be cognizant of the existence of perspectives (...) other than their own, and be attuned to the demands of inter-subjectivity. Applicable to clinical practice, we propose and justify a Habermasian approach as one useful means of achieving what can be described as dialogic consensus. The Habermasian approach builds around, first, his discourse theory of morality as universalizable to all and, second, communicative action as a cooperative search for truth. It is a concrete way to ground the discourse which must be held in complex medical decision-making situations, in its actual reality. Considerations about the theoretical underpinnings of the application of dialogic consensus to clinical practice, and potential difficulties, are explored. (shrink)

The historical emphasis of medical ethics, based on substantive frameworks and principles derived from them, is no longer seen as sufficiently sensitive to the moral pluralism characteristic of our current era. We argue that moral decision-making in clinical situations is more properly derived from a process of dialogic consensus. This process entails an inclusive, noncoercive, and self-reflective dialogue within the community affected. In order to justify this approach, we make two claims—the first epistemic, and the second normative. The epistemic claim (...) follows from Habermas’ “ways” of knowing. We argue that the dialogue emanating from this episteme focuses on the relevant facts about the patient, as well as on the values attached to these facts, thus allowing facts and their meanings to serve as the basis for reflective action appropriate to the circumstances. The normative claim follows from Habermas’ discourse theory of morality and communicative action. It determines that clinical decision-making should be approached from the perspective of the actual reality of people in their situation of illness, set in their socio-cultural background, and hence be grounded in the second-person perspective. Relocating ethical decision-making from a monological space into one characterized by dialogue is especially appropriate to the clinical encounter. (shrink)

This paper advocates inclusion of a wider set of ethical theories into the accounting canon. We find that the mainstream accounting curriculum does not adequately engage with non-Western ethical theories or contemporary Western ethical thought, as evidenced by the ethics content of core accounting texts and the International Federation of Accountants’ ethics publications. We suggest adopting a ‘thematic’ approach to teaching ethics as an integrated part of accounting curricula. This approach addresses two competing principles implicit in International Education Standard 4: (...) (i) that all accountants need to be educated to meet global ethical standards, and (ii) that teaching ethics should accommodate ethical traditions and practices that could vary between nations and cultures. The thematic approach we propose requires less additional space within existing accounting curricula and less additional preparation by accounting educators than the alternative approach of teaching substantive ethical theories from a sufficiently diverse range of cultures and traditions. The paper also provides exemplars of this thematic approach to teaching ethics in accounting. (shrink)

In discussions of practical reason we often encounter the view that a fact is a reason for an agent to act only if the fact is capable of moving the agent to act. This view figures centrally in many philosophical controversies, and while taken for granted by some, it is vigorously disputed by others. In this essay I show that if the disputed position is correctly interpreted, it is well armored against stock objections and implied by a premise that is (...) not only plausible, but generally accepted by the position's critics. (shrink)

Critics of Jürgen Habermas's theory of communicative action argue that he has failed to recognize the extent to which moral argumentation is grounded in particular historical contexts, cultural traditions, collective identities, or social lifeworlds. Although he has engaged in a series of strategies aimed at acknowledging the role of particularistic considerations without abandoning his primary commitment to ethical universalism, Habermas has not succeeded in meeting all of the objections of his critics. This paper treats the contradiction between formal and substantive (...) rationality, which lies at the heart of the debate, as an empirical phenomenon within the social world. It argues that the antinomy of formal and substantive rationality plays a central role in historical processes of social change. Through critical argumentation, social actors deliberate on contradictions among strategic, moral, and ethical standards of validity, and they struggle to resolve these contradictions through collective action and the reform of laws, policies, and institutions. Examples are drawn from US political history to substantiate the argument, and some questions are raised for further research. (shrink)

This article introduces a distinction in the paradigm of multiple modernities between a comparative-civilizational and a post-secular perspective. It argues that the former perspective helps us to understand modernization processes in large cultural-civilizational units, whereas the latter viewpoint focuses on actors and cultural domains within civilizational units and on inter-civilizational crossovers. The two perspectives are complementary. What we gain from this distinction is greater precision in the use of multiple modernities to explain the place of religion in modern societies. The (...) example of Russian Orthodoxy is used to clarify the difference between these two perspectives: whereas from a comparative-civilizational viewpoint, Russian Orthodoxy may appear as Europe’s ‘other’; from a post-secular viewpoint, Orthodox religion is part of Europe’s religious pluralist landscape and partakes in an ongoing process of defining the meaning of European political and cultural integration. (shrink)

The paper develops ethical guidelines for the development and usage of persuasive technologies (PT) that can be derived from applying discourse ethics to this type of technologies. The application of discourse ethics is of particular interest for PT, since ‘persuasion’ refers to an act of communication that might be interpreted as holding the middle between ‘manipulation’ and ‘convincing’. One can distinguish two elements of discourse ethics that prove fruitful when applied to PT: the analysis of the inherent normativity of acts (...) of communication (‘speech acts’) and the Habermasian distinction between ‘communicative’ and ‘strategic rationality’ and their broader societal interpretation. This essay investigates what consequences can be drawn if one applies these two elements of discourse ethics to PT. (shrink)

In this paper, I argue that Habermas' proceduralist model of law can be put to feminist ends in at least two significant ways. First, in presenting an alternative to the liberal and welfare models of laws, the proceduralist model offers feminism a way out of the equality/difference dilemma. Both these attempts to secure women's equality by emphasising women's sameness to men or their difference from men have placed the onus on women to either find a way of integrating themselves into (...) existing institutions or to confront the so-called question of women's difference. The proceduralist model renders this dilemma irrelevant. Instead, it proceeds from the fact of sexual difference; a fact that produces competing and conflicting needs and interests that require interpretation by both men and women. This, I argue, marks a change in the very way we conceptualise the so-called problem of women's difference, insofar as the question is no longer framed in these terms. Second, I argue that this deliberative process over the interpretation of conflicting interests affects a fundamental shift in the nature of legal institutions themselves, insofar as law is no longer a vehicle for promoting male interests. (shrink)

Many proponents of deliberative democracy expect reasonable citizens to engage in rational argumentation. However, this expectation runs up against findings by behavioral economists and social psychologists revealing the extent to which normal cognitive functions are influenced by bounded rationality. Individuals regularly utilize an array of biases in the process of making decisions, which inhibits our argumentative capacities by adversely affecting our ability and willingness to be self-critical and to give due consideration to others’ interests. Although these biases cannot be overcome, (...) I draw on scientifically corroborated insights offered by Adam Smith to show that they can be kept in check if certain affective and cognitive capacities are cultivated. Smith provides a compelling account of how to foster sympathetic, impartial, and projective role-taking in the process of interacting with others, which can greatly enhance our capacity and willingness to critically assess our own interests and fairly consider those of others. (shrink)

Over the last twenty years, Jürgen Habermas has been at the forefront of debates involving religion in the public sphere. In the wake of 9/11 he has responded to the problems of terrorism, “radical Islam,” and the so-called Muslim question in Europe, attempting to align these issue with his broader theories of deliberative democracy and postsecularism. Although Habermas aims for an inclusive model of deliberation in the public sphere, I argue that his reliance on macro theories of secularization and modernization (...) reproduce an ideal of secular liberal democracy as the standard by which to think about various “Others,” including Muslims. As a result, I claim that he ends up reproducing a soft variety of the “clash of civilizations” thesis by failing to account for the complexity of Muslim identities. In conclusion, I look at alternative models that are better able to historicize and contextualize “Islam” in the past and present, and point to significant gaps that must be filled if his proposals are to be taken seriously. (shrink)

Alasdair MacIntyre has developed a theory of the rationality of traditions that is designed to show how we can maintain both the tradition-bound nature of rationality, on the one hand, and non-relativism, on the other. However, his theory has been widely criticized. A number of recent commentators have argued that the theory is either inconsistent with his own conception of rationality or else is dependent on the standards of his particular tradition and therefore fails to defuse the threat of relativism. (...) In the present essay, I argue that this objection is mistaken. (shrink)

A recent turn in the cognitive sciences has deepened the attention on embodied and situated dynamics for explaining different cognitive processes such as perception, emotion, and social cognition. This has fostered an extensive interest in the social and ‘intersubjective’ nature of moral behavior, especially from the perspective of enactivism. In this paper, I argue that embodied and situated perspectives, enactivism in particular, nonetheless require further improvements with regards to their analysis of the social nature of human morality. In brief, enactivist (...) proposals still do not define what features of the social-relational context, or which kind of processes within social interactions, make an evaluation or action morally relevant or distinctive from other types of social normativity. As an alternative to this proclivity, and seeking to complement the enactive perspective, I present a definition of the process of moral sense-making and offer an empirically-based ethical distinction between different domains of social knowledge in moral development. For doing so, I take insights from the constructivist tradition in moral psychology. My objective is not to radically oppose embodied and enactive alternatives but to expand the horizon of their conceptual and empirical contributions to morality research. (shrink)

Dialogical ethics are a procedural alternative to substantive ethics such as consequentialism, deontology, principlism, casuistry, virtue ethics and care ethics. Dialogical ethics are procedural in that they do not establish goods in advance, unlike substantive ethics, but rather determine goods through a procedure enacted by the actual parties involved (although some substantive notion of justice may still be required); and they are dialogical in that the procedure is that of dialogue, involving both empathic critical discussion and negotiation. A fundamental tenet (...) of dialogical ethics may be the use of appropriate rules of order regulating dialogue among the parties involved. Some of the central characteristics of such rules of order are that they are reciprocally regulated by dialogue, that they override other ethical considerations, and that they institute empathic critical discussion and negotiation within the ethical dialogue. Dialogical bioethics are the application of dialogical ethics to ethical problems in medicine. The approach of dialogical bioethics has proven fruitful for resolving bioethical problems such as that of medical futility, where approaches of substantive ethics have reached an impasse. There is room for further study of special challenges within dialogical bioethics, such as the incompetence of some involved parties, conflicts of interests of third parties, and the cost-effectiveness of this ethical approach. (shrink)

ABSTRACTCritical Discourse Studies positions itself as a critical, transformative practice that seeks to expose the ways in which discourse is able to constitute social, political, economic, gendered, racial, and sexual inequalities as normal and unremarkable. In this respect, CDS is an expressly political and therefore ethical project. Nevertheless, this article posits that, quite remarkably, the ethical frameworks that guide CDS have remained largely under-theorized and taken for granted. Accordingly, this paper seeks to contribute to this much-needed area of theoretical inquiry (...) by offering a brief discussion of how CDS has tended to define its own criticality and identifies three problems that emerge from how CDS practitioners have tended to formulate the praxis of critique: namely, the tendency to conceive of CDS as a demystificatory practice, the implicit logocentrism of modeling ethics upon the Habermasian Ideal Speech Situation, and finally, the deontological nature of discourse ethics. Each of the three problems is discussed in relation to a brief multimodal critical discourse analysis of three online employer profile videos. As such, the study is offered to demonstrate not only the analytical strength of multimodal analysis but also the political-ethical relations beyond Discourse Ethics that are immanent in such analyses. (shrink)

This article argues that the Bakhtin Circle presents a more realistic theory of concrete dialogue than the theory of discourse elaborated by Habermas. The Bakhtin Circle places speech within the “concrete whole utterance” and by this phrase they mean that the study of everyday language should be analyzed through the mediations of historical social systems such as capitalism. These mediations are also characterized by a determinate set of contradictions—the capital-labor contradiction in capitalism, for example—that are reproduced in unique ways in (...) more concrete forms of life (the state, education, religion, culture, and so on). Utterances always dialectically refract these processes and as such are internal concrete moments, or concrete social forms, of them. Moreover, new and unrepeatable dialogic events arise in these concrete social forms in order to overcome and understand the constant dialectical flux of social life. But this theory of dialogue is different from that expounded by Habermas, who tends to explore speech acts by reproducing a dualism between repeatable and universal “abstract” discursive processes (commonly known as the ideal speech situation) and empirical uses of discourse. These critical points against Habermas are developed by focusing on six main areas: sentences and utterances; the lifeworld and background language; active versus passive understandings of language; validity claims; obligation and relevance in language; and dialectical universalism. (shrink)

This chapter argues that the distinction between ambitious and modest transcendental arguments, developed and deployed by various authors in the wake of Stroud’s influential critique of transcendental reasoning, may be pointless when applied to transcendental arguments from performative inconsistency that have moral statements as their conclusions. If moral truth is assertorically constrained, then any modest moral transcendental argument from performative inconsistency can be converted into an ambitious moral transcendental argument. The chapter provides an account of performative inconsistency and suggests an (...) alternative to the widespread reading of transcendental conditionals in terms of an ‘if-then’-sentences whose antecedents express a proposition to the effect that some x is possible and whose consequents express a statement to the effect that some y is actual. (shrink)

This article examines two approaches to the analysis and critical assessment of scientific argumentation. The first approach employs the discourse theory that Jurgen Habermas has developed on the basis of his theory of communicative action and applied to the areas of politics and law. Using his analysis of law and democracy in his Between Facts and Norms as a kind of template, I sketch the main steps in a Habermasian discourse theory of science. Difficulties in his approach motivate my proposal (...) of an alternative approach that starts not with a theory of communicative action but with some broad categories drawn from argumentation theory. Using these categories, one can survey the various conceptions of scientific argumentation that have already emerged in the multi-disciplinary field of science studies. The more flexible, open-ended theoretic categories put one in a better position to'develop cooperative interdisciplinary studies that can inform the critical assessment of scientific argumentation. (shrink)

This article asks whether an interdisciplinary "critical science studies" (CSS) is possible between a critical theory in the Frankfurt School tradition, with its commitment to universal standards of reason, and relativistic sociologies of scientific knowledge (e.g., David Bloor's strong programme). It is argued that CSS is possible if its practitioners adopt the epistemological equivalent of Rawls's method of avoidance. A discriminating, public policy–relevant critique of science can then proceed on the basis of an argumentation theory that employs an immanent standard (...) of relevance, which is illustrated by drawing on Helen Longino's critique of behavioral theory. (shrink)

This article proposes a way of connecting two levels at which scholars have studied discursive practices from a normative perspective: on the one hand, local transactions-face-to-face arguments or dialogues-and broadly dispersed public debates on the other. To help focus my analysis, I select two representatives of work at these two levels: the pragmadialectical model of critical discussion and Habermas's discourse theory of politicallegal deliberation. The two models confront complementary challenges that arise from gaps between their prescriptions and contexts of actual (...) discourse. In response, I propose a theory of argument cogency that distinguishes three kinds of merit: content, transactional, and public. Normative links between the two levels arise through the ways argument contents spread across multiple transactions in a social space whose structure and composition favor collective reasonableness. (shrink)

The issue of corporate responsibility has long been discussed in relationship to universities, but generally only in an ad hoc fashion. While the role of universities in teaching business ethics is one theme that has received significant and rather constant attention, other issues tend to be raised only sporadically. Moreover, when issues of corporate responsibility are raised, it is often done on the presumption of some understanding of a liberal arts mandate of the university, a position that has come under (...) much attack in recent years. The purpose of this article is to investigate more systematically the nature of the obligations that the university has to promote more responsible corporate behaviour. It does so on the basis of a reinterpretation of the liberal arts tradition from a critical theory perspective. This entails: (1) an initial conceptualization of the roles and functions of the university; (2) an examination of these functions at two formative periods of the liberal arts tradition, the medieval university and the rise of the modern university in Germany in the early 19th century; (3) an investigation of ruptures in the understanding and practices of the liberal arts tradition, resulting in large part from the rise of the bureaucratic state and the industrial capitalist economy; (4) a reinterpretation of the liberal arts tradition from a critical theory perspective; and (5) a systematic elaboration of the obligations of the university vis-à-vis corporations based upon the university's key functions of teaching, research, formation and professional development. (shrink)

In the mid-1960s and 1970s the field of business ethics saw a basic shift in emphasis from personal responsibility to corporate responsibility. While the notion of corporate responsibility has come to be a dominant concept in the field of business ethics since that time, it is a contested concept that admits of a range of conceptions. A concern underlying this paper is that many of these conceptions are less adequate than they might be. This paper has two overlapping goals. First, (...) it seeks to elaborate a more adequate conception of corporate responsibility by drawing upon critical theory to distinguish three different normative realms (viz., legitimacy, morality and ethics). Second, the paper attempts to indicate from a critical theory perspective the nature of corporate responsibilities in each of these realms. The paper begins with a short introduction to German critical theory and an explanation of the different normative realms. The following three sections elaborate in turn the responsibilities of corporations in each on the three normative realms. Finally, the conclusion attempts to indicate some of the advantages of a critical theory conception of corporate responsibility. (shrink)

Abstract:This article elaborates a normative Stakeholder Management Theory (SHMT) from a critical theory perspective. The paper argues that the normative theory elaborated by critical theorists such as Habermas exhibits important advantages over its rivals and that these advantages provide the basis for a theoretically more adequate version of SHMT. In the first section of the paper an account is given of normative theory from a critical theory perspective and its advantages over rival traditions. A key characteristic of the critical theory (...) approach is expressed as a distinction between three different normative realms, viz., legitimacy, morality, and ethics. In the second section, the outlines of a theory of stakeholder management are provided. First, three basic tasks of a theoretically adequate treatment of the normative analysis of stakeholder management are identified. This is followed by a discussion of how a critical theory approach to SHMT is able to fulfill these three tasks. (shrink)

This article provides a concise overview of the history of scholarship on solidarity in Europe and North America. While recent decades have seen an increase in conceptual and scholarly interest in solidarity in North America and other parts of the Anglo-Saxon world, the concept is much more strongly anchored in Europe. Continental European politics in particular have given rise to two of the most influential traditions of solidarity, namely, socialism and Christian ethics. Solidarity has also guided important public instruments and (...) institutions in Europe. Despite the much stronger affinity of continental European societies to solidaristic thinking, we argue that solidarity has much to offer for addressing societal challenges on both sides of the Atlantic and beyond. After proposing a working definition of solidarity that highlights its utility for guiding policy and practice, we give an example of how a solidarity-based perspective can shape instruments for the governance of data use. (shrink)

The concept of agency, defined counterfactually as the freedom to 'act otherwise', occupies a central place in much of contemporary social and political theory. In criticizing this concept of agency I deploy what I call an 'immanent critique', focusing upon Bhaskar's 'transcendental realism' and Rorty's anti-realist theory of linguistic contingency. Invoking Wittgenstein's argumentation from On Certainty, I go on to contend that agency and freedom cannot be 'known' in the way that social and political theorists assert. I proceed to criticize (...) Bhaskar's pro vision of transcendental realist foundations for Marxism, and Rorty's use of Wittgenstein. I argue that Bhaskar's conception of social critique and Rorty's defence of 'bourgeois liberal society' are both predicated on a similar notion of individuals' 'private' possession of agency and free choice. (shrink)

According to an often repeated definition, economics is the science of individual choices and their consequences. The emphasis on choice is often used – implicitly or explicitly – to mark a contrast between markets and the state: While the price mechanism in well-functioning markets preserves freedom of choice and still efficiently coordinates individual actions, the state has to rely to some degree on coercion to coordinate individual actions. Since coercion should not be used arbitrarily, coordination by the state needs to (...) be legitimized by the consent of its citizens. The emphasis in economic theory on freedom of choice in the market sphere suggests that legitimization in the market sphere is “automatic” and that markets can thus avoid the typical legitimization problem of the state. In this paper, I shall question the alleged dichotomy between legitimization in the market and in the state. I shall argue that it is the result of a conflation of choice and consent in economics and show how an independent concept of consent makes the need for legitimization of market transactions visible. Footnotes1 For helpful comments and suggestions I am most grateful to Marc Fleurbaey, Alain Marciano, Herlinde Pauer-Studer, Thomas Pogge, Hans Bernhard Schmid, to seminar or conference participants in Aix-Marseille, Tutzing, Paris, and Amsterdam, and to two anonymous referees. (shrink)

Since contemporary societies are deeply multicultural and plural, the partisan ideological politics obviously animate conflict of opinions and hard bargains that brings coercion into play. Thus political power is exercised to establish legitimacy and stability in the polity. The use of public reason as a tool of public inquiry is considered as most effective in deciding upon the outcomes of laws and policies. The idea of public reason is one of the contemporary innovations of liberal thinking in democracy and has (...) gained a wider currency among the political theorists after John Rawls adoption of it into his political thinking. On this background, my concern is to see the feasibility of public reason alone into democratic outcomes through coercive use of power provided that this is widely accepted among the epistemic peers in a democracy. I propose that the exclusiveness of public reason is inadequate to arbitrate on fundamental questions of politics in situations where disagreement becomes acute because of the adversary positions held by citizens. And hence love and truth add to the rigorousness of reason as strong ideals to combat an insurgency of deadly disagreements. It is an attempt to engage love and truth to public reason to make public deliberations more productive in the arena of law making and policy outputs. The strengthening of this democratic process is pioneering effort of M. K. Gandhi. (shrink)

Modern society is challenged by a loss of efficiency in national governance systems values, and lifestyles. Corporate social responsibility (CSR) discourse builds upon a conception of organizational legitimacy that does not appropriately reflect these changes. The problems arise from the a-political role of the corporation in the concepts of cognitive and pragmatic legitimacy, which are based on compliance to national law and on relatively homogeneous and stable societal expectations on the one hand and widely accepted rhetoric assuming that all members (...) of society benefit from capitalist production on the other. We therefore propose a fundamental shift to moral legitimacy, from an output and power oriented approach to an input related and discursive concept of legitimacy. This shift creates a new basis of legitimacy and involves organizations in processes of active justification vis-à-vis society rather than simply responding to the demands of powerful groups. We consider this a step towards the politicization of the corporation and attempt to re-embed the debate on corporate legitimacy into its broader context of political theory, while reflecting the recent turn from a liberal to a deliberative concept of democracy. (shrink)

While it is generally agreed that companies need to manage their relationships with their stakeholders, the way in which they choose to do so varies considerably. In this paper, it is argued that when companies want to communicate with stakeholders about their CSR initiatives, they need to involve those stakeholders in a two-way communication process, defined as an ongoing iterative sense-giving and sense-making process. The paper also argues that companies need to communicate through carefully crafted and increasingly sophisticated processes. Three (...) CSR communication strategies are developed. Based on empirical illustrations and prior research, the authors argue that managers need to move from ‘informing’ and ‘responding’ to ‘involving’ stakeholders in CSR communication itself. They conclude that managers need to expand the role of stakeholders in corporate CSR communication processes if they want to improve their efforts to build legitimacy, a positive reputation and lasting stakeholder relationships. (shrink)

My argument will proceed as follows. I will first sketch out the broad internalist case for pitching its normative account of sport in the abstract manner that following Dworkin’s lead in the philosophy of law its adherents insist upon. I will next show that the normative deficiencies in social conventions broad internalists uncover are indeed telling but misplaced since they hold only for what David Lewis famously called ‘coordinating’ conventions. I will then distinguish coordinating conventions from deep ones and make (...) my case not only for the normative salience of deep conventions but for their normative superiority over the abstract normative principles broad internalists champion. (shrink)

Justice is important, but so is peaceful cooperation. In this article, I argue that if one takes seriously the autonomy of individuals and groups and the fact of moral pluralism, a just system of cooperation cannot guarantee peaceful cooperation in a pluralistic world. As a response to this consideration, I develop a contractarian theory that can secure peace in a pluralistic world of autonomous agents, assuming that the agents who exist in this world expect that peaceful cooperation is the most (...) beneficial form of interaction for them in the long run. The theory specifies the restrictions on the behavior of autonomous individual and collective agents that are indispensable for peaceful cooperation in a pluralistic world. In particular, I argue for the need of (i) a globally valid rule of conflict resolution to settle all intra- and inter-group conflicts that cannot be resolved locally, (ii) a world court to apply this rule in cases where local group authorities are inadequate to do so, and to serve as a final court of appeal, and (iii) a world police to enforce the rule. (shrink)

A number of phenomena have lent a new complexity to the long-standing challenge of constructing a legitimate and stable political order. I contend that both legitimacy and integration under contemporary conditions ultimately hinge upon a form of public practical reasoning that departs considerably from the ones proposed by John Rawls, Jürgen Habermas and several deliberative democrats. I argue that the generalizability test that constitutes the cornerstone of most contemporary neo-Kantian theories of public reason should be abandoned as a rule of (...) public argumentation and be replaced by a norm of civic responsiveness towards minority claims. I not only suggest that a wider variety of reasons, motives and genres of speech needs to be admitted within the purview of public reason, but more fundamentally that generalizability cannot cogently be seen as anything more (or less) than a civic virtue. The underlying point of this article is that neo-Kantian theories of public reason work with a problematic conception of practical reason. I conclude by providing reasons, against some radical and agonistic democrats, why the language of public reasoning needs to be retained and renovated. Key Words: acknowledgement • agonistic democracy • deliberative democracy • generalizability • Habermas • pluralism • practical reason • public reason • Rawls • social integration. (shrink)

The article sets out to explore the international legal dimension in Jürgen Habermas' latest publications on philosophy of law. It is our view that Habermas deals with the examination of just relations beyond the nation-state first and foremost from a legal perspective, and that the key to a Habermasian reading of international justice is not through an application of discourse-theoretical models of communicative or moral action as such, but primarily through proper legal institutionalisation of the rule of law. In asserting (...) this view, we will look closer at the Kantian influence in Habermas' legal construct at the international level, and show why this institutional approach is to be sharply distinguished from and preferred to any exclusively non-institutional approach to international justice. (shrink)

Confucius, Mencius, and Xunzi regard the human as an emotional being and especially consider such moral feelings as humane love, filial piety and devoted loyalty to be the constituent elements of humanity. On the one hand, they try to integrate the corresponding multiple roles of the humane person, filial son and loyal subject in harmony in order to make one become a true human in the ethical sense; on the other hand, they assign a supreme position merely to filial piety (...) or loyalty in cases of conflict because they regard one's parents or ruler as the greatest root of one's life, respectively. As a result, their ideas about humanity fall into some in-depth moral paradoxes, which might be resolved by a post-Confucian transformation of the traditional Confucian framework from particularistic consanguinism to universalistic humanism. (shrink)

In his dialogue with Zai Wo about the three-year mourning, Confucius establishes a principle of 'justification by feeling at ease,' and insists that one should transcend natural desires by moral emotions. More significantly, he further regards kinship love as the ultimate root and supreme principle of human life. Thus, this dialogue contains almost all the basic elements of the Confucian spirit of consanguineous affection.

Socrates regards rational knowledge as the decisive factor of human life and even ascribes all virtues and moral actions to it, thereby stressing the ‘rationales’ of ethics. In contrast, Confucius regards kinship love as the decisive factor of human life and even grounds all virtues and moral actions on it, thereby stressing the ‘emotionales’ of ethics. Therefore, we should not lump them together by conceiving Confucius’ ethics also as based on ‘moral reason’.

Recent controversies concerning freedom of expression on university campuses have raised the question of how the limits of free speech can be determined in a justified way in a pluralistic public space such as the campus. The article addresses this question from the viewpoint of two complementary theoretical perspectives: Rainer Forst’s respect conception of toleration, and the discourse theory of democracy developed by Jürgen Habermas and Seyla Benhabib. These theories are argued to provide a non-arbitrary, impartial and procedural model for (...) determining the limits of free speech on campus. Deriving primarily from the discourse model, the article suggests that the limits of freedom of expression on campus should be determined by collective deliberative processes involving the affected students. Moreover, it is argued that, instead of prohibiting controversial topics or views, the university administration and teachers should focus on establishing procedural rules of rational deliberation. This is argued to increase students’ understanding of the nature of legitimate democratic discussion and thus accomplish the university’s educational task of fostering students’ ability to use their freedom of speech in a responsible way. (shrink)