The so-called debate between Jürgen Habermas and John Rawls concentrated mainly on the latter’s political liberalism. It dealt with the many aspects of Rawls’s philosophical project. In this article, I focus only on one of them, namely the epistemic or cognitivistic nature of principles of justice. The first part provides an overview of the debate, while the second part aims to show that Habermas has not misinterpreted Rawls’s position. I argue that Habermas rightly considers Rawls’s conception of justice as a (...) moral one. In the last part, I discuss two key questions raised by Habermas. The first concerns the relation between justification and acceptance of the principles of justice. The second concerns the relation between two validity terms: truth and reasonableness. (shrink)

In 1971, John Rawls published A Theory of Justice, the burden of which was strongly egalitarian. But Rawls eventually came to the conclusion that the project of working out a stable, well‐ordered society as argued in A Theory of Justice had failed. In 1993, in Political Liberalism, Rawls sought to establish a sounder theoretical foundation for a stable, well‐ordered society. Rawls was widely viewed, however, as having given up egalitarianism in Political Liberalism ‐ the commitment to a fair distribution, or (...) ‘justice as fairness’, along lines originally developed in A Theory of Justice. I argue, by contrast, that Political Liberalism does not in fact repudiate the egalitarianism of A Theory of Justice. Political liberalism has many variants, including variant conceptions of justice. In the first part of what follows, the question is raised whether political liberalism can defend a conception of justice that is as egalitarian as ‘justice as fairness’. Such a conception would guarantee the fair value of political liberties and would also contain the so‐called ‘difference principal’, which states that social and economic inequalities are to be adjusted so that they are to the greatest benefit of the least advantaged. Although it seems possible to defend such an egalitarian conception of justice, it does not seem necessary, all the same, that all variants of political liberalism should be as egalitarian as justice as fairness. Thus, in the second part of my argument, I seek to overturn, or at least substantially to qualify, the idea that there is no need for political liberalism to be strongly egalitarian. I conclude that the egalitarian credentials of political liberalism have to be bolstered, even more so than Rawls himself seems to think. (shrink)

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)

This paper elaborates on the deliberative democracy argument for freedom of expression in terms of its relationship to different dimensions of autonomy. It engages the objection that Enlightenment theories pose a threat to cultures that reject autonomy and argues that autonomy-based democracy is not only compatible with but necessary for respect for cultural diversity. On the basis of an intersubjective epistemology, it argues that people cannot know how to live on mutually respectful terms without engaging in public deliberation and developing (...) some degree of personal autonomy. While freedom of expression is indispensable for deliberation and autonomy, this does not mean that people have no obligations regarding how they speak to each other. The moral insights provided by deliberation depend on the participants in the process treating one another with respect. The argument is related to the Danish cartoon controversy. (shrink)

This chapter discusses the Rawlsian project of public reason, or public justification-based 'political' liberalism, and its reception. After a brief philosophical rather than philological reconstruction of the project, the chapter revolves around a distinction between idealist and realist responses to it. Focusing on political liberalism’s critical reception illuminates an overarching question: was Rawls’s revival of a contractualist approach to liberal legitimacy a fruitful move for liberalism and/or the social contract tradition? The last section contains a largely negative answer to that (...) question. Nonetheless the chapter's conclusion shows that the research programme of political liberalism provided and continues to provide illuminating insights into the limitations of liberal contractualism, especially under conditions of persistent and radical diversity. The programme is, however, less receptive to challenges to do with the relative decline of the power of modern states. (shrink)

În acest capitol prezint neutralismul liberal urmând, în esență, patru pași. Încep cu definirea neutralismului și cu unele precizări și explicații importante pentru înțelegerea adecvată a susținerii lui fundamentale. Al doilea pas este dedicat evidențierii și explicării celor mai importante argumente neutraliste. Mă concentrez apoi asupra caracterizării principalelor versiuni ale acestei teorii politice și a reliefării argumentelor pe baza cărora se legitimează ele. În sfârșit, într-un ultim pas, expun obiecțiile sau argumentele anti-neutraliste și – totodată – replicile neutraliștilor liberali la (...) ele. Și de această dată este vorba, trebuie să precizez, doar despre obiecțiile cele mai importante (și mai „rezonabile”), nu despre toate obiecțiile, mai mult sau mai puțin plauzibile, care au fost aduse neutralismului de criticii săi. (shrink)

Under the influence of Hilary Putnam’s collapse of the fact/value dichotomy, a resurging approach that challenges the movements of American pragmatism and discourse ethics, I tease out in the first section of my paper the demand for the warranted assertibility hypothesis in Putnam’s sense that may be possible, relying on moral realism to get rid of ‘rampant Platonism’. Tracing back to ‘communicative action’ or the Habermasian way that puts forward the reciprocal understanding of discourse instigates the idea of life-world as (...) composed of ‘culturally transmitted and linguistically organized stock of interpretative patterns’, this section looks for whether Habermas’ psychoanalysis of prolonged discussion can accord with Putnam’s thick ethical terms or not. The last section of the paper pitfalls Putnam’s stance to accepting Habermas’ ‘discourse ethics’ that centers around the context of entangling ‘rational thoughts’ to ‘communication’, but he introduces the idea of fallibilism in a rational query that also attacks the Habermasian metaphysical idea of the validity of ethical statements that goes towards the truth. My next attempt is to see whether Putnam’s objective dictum towards morality that resonates the collapse of fact/value dichotomy from a universalistic stand can successfully evade Rorty’s naive realism and Habermas’ ‘sociologism about values’ respectively. This sort of claim insists on a universalizable pattern of culture-relative value. I consider that the idea of a fact/value dichotomy engages with the inextricable entanglement between the normative and descriptive content, besides the epistemic values having exclusively intertwined with the structure of factual discourse that intends towards collapsing the fact/value dichotomy, a subjective universalizability predilection. (shrink)

The article analyzes the possibility of reconciling skepticism with moral theories and the idea that moral philosophy is the supreme arbiter of all moral justification. We cannot take universally valid maxims as descriptive rules nor can we fall into an individualistic relativism. H. Putnam seeks to deconstruct Habermas' separation of values and norms, and, in doing so, he shows the need for such a reconciliation.

Open access-introduction into moral philosophy in German language that contains chapters on the concept of morality, on the development and the main positions of normative ethics, on meta-ethics, and on the various fields of applied ethics. One of its distinctive features is that it explicitly reflects on the role of morality and ethics in modern society and that it analyses the import of alternative conceptual and normative positions for determining this role. The book can be freely downloaded from the publisher's (...) website via the URL below. (shrink)

In this paper I argue that Rawlsians have largely misunderstood the idea of an overlapping consensus of reasonable comprehensive doctrines, thereby failing to delineate in an appropriate way the place of comprehensive doctrines in political liberalism. My argument rests on two core claims. The first claim is that (i) political liberalism is committed to three theses about the overlapping consensus. The first thesis concerns the subject of the overlapping consensus; the second thesis concerns the function of the overlapping consensus; the (...) third thesis explains how the overlapping consensus can serve its function in accordance with political liberalism’s commitment to epistemic neutrality. The second claim on which my argument relies is empirical: (ii) Rawlsians typically deny at least one of the three theses to which political liberalism is committed. Based on (i) and (ii), I conclude that Rawlsians have hitherto provided unconvincing accounts of the place of comprehensive doctrines in political liberalism. (shrink)

This paper provides a new analysis and critique of Rawlsian public reason’s handling of the abortion question. It is often claimed that public reason is indeterminate on abortion, because it cannot say enough about prenatal moral status, or give content to the (allegedly) political value which Rawls calls ‘respect for human life’. I argue that public reason requires much greater argumentative restraint from citizens debating abortion than critics have acknowledged. Beyond the preliminary observation that fetuses do not meet the criteria (...) of political personhood, I contend, public reasoners may say nothing about prenatal moral status. Indeed, respect for human life (as distinct from respect for persons) is not, I show, a genuine political value, whose interpretation lies within public reason’s remit. This fact does not, however, prevent deliberators from drawing determinate conclusions regarding the law of abortion. Instead, I show, public reason has radically permissive implications for the legal regulation of feticide, inclining heavily towards the view that abortion should be allowed with little or no qualification, right until birth. I end by giving grounds for thinking that, even if the argumentative restraint which public reason enjoins over prenatal moral status does not generate indeterminacy, it is nonetheless objectionable. (shrink)

There is a tension between the idea of popular sovereignty and our understanding that basic constitutional rights and liberties have a normative authority which is independent from the results of democratic decision‐making procedures. On the one hand there is the claim that the content of political justice, at least as far as the basic liberties are concerned, is to be fixed solely by substantive moral and political argument, while on the other there is the claim that it is the people (...) who determine the specific scheme of basic liberties that they live under. The apparent tension between the two claims can be resolved by introducing, firstly, a distinction between the concept of justice and the concept of legitimacy and, secondly, between proto‐rights and constitutional rights. Unlike constitutional rights, proto‐rights are moral, not legal, rights, and they are less specific than constitutional rights: one set of proto‐rights allows for various schemes of legal constitutional rights. Proto‐rights are part of the principles of justice and can be established only by substantive argument while constitutional rights have to be established by the procedures of democratic legitimization, and, therefore, they are a result of the exercise of popular sovereignty. The correlated distinctions between justice and legitimacy, and between proto‐rights and constitutional rights, allow us to specify the scope of the two claims and, hence, to affirm both simultaneously. The philosophical and legal relevance of the distinctions made is elucidated by a brief discussion of the constitutional rights of freedom of speech in the US and Germany. (shrink)

In A Theory of Justice, John Rawls argues that self-respect is ‘perhaps the most important’ primary good and that its status as such gives crucial support to controversial ideas like the lexical priority of liberty. Given the importance of these ideas for Rawls, it should be no surprise that they have attracted much critical attention. In response to these critics, I give a defense of self-respect that grounds its importance in Rawls’s moral conception of the person. I show that this (...) understanding of self-respect goes well beyond giving support to the lexical priority of liberty, also supporting Rawls’s still more controversial view of public reason. On my account, taking self-respect seriously requires the coercive enforcement of public reason. This is a novel argument for public reason, in that it grounds the idea in justice as fairness and mandates its coercive enforcement. (shrink)

ABSTRACT:I here advance a critical research agenda for the political perspective of corporate social responsibility (Political CSR). I argue that whilst the ‘Political’ CSR literature is notable for both its conceptual novelty and practical importance, its development has been hamstrung by four ambiguities, conflations and/or oversights. More positively, I argue that ‘Political’ CSR should be conceived as one potentialformof globalization, and not as aconsequenceof ‘globalization’; that contemporary Western MNCs should be presumed to engage in CSR for instrumental reasons; that ‘Political’ (...) CSR should be associated with a corresponding ‘political’ model of corporate governance; and that both a ‘Rawlsian’ and ‘Habermasian’ perspective of Political CSR are different from ‘Political’ CSR. In concluding, I use these four critiques to identify a number of areas within which increasingly robust and sophisticated positive and normative theories of Political CSR are required. (shrink)

I here distinguish dissensual from consensual corporate social responsibility (CSR) on the grounds that the former is more concerned to organize (or portray) corporate-civil society disagreement than it is corporate-civil society agreement. In doing so, I first conceive of consensual CSR, and identify a positive and negative view thereof. Second, I conceive of dissensual CSR, and suggest that it can be actualized through the construction of dissent enabling, rather than consent-oriented, public spheres. Following this, I describe four actor-centred institutional theories—i.e. (...) a sociological, ethical, transformative and economic perspective, respectively—and suggest that an economic perspective is generally well suited to explaining CSR activities at the organizational level. Accordingly, I then use the economic perspective to analyse a dissent enabling public sphere that Shell has constructed, and within which Greenpeace participated. In particular, I explain Shell’s employment of dissensual CSR in terms of their core business interests; and identify some potential implications thereof for Shell, Greenpeace, and society more generally. In concluding, I highlight a number of ways in which the present paper can inform future research on business and society interactions. (shrink)

O objetivo do artigo é apresentar o conceito e as diferentes concepções de tolerância desenvolvidas na modernidade, examinando a questão dos limites da tolerância. Parte-se do argumento de que o conceito de tolerância, para ganhar uma configuração e conteúdo, é normativamente dependente da ideia de democracia: a delimitação da tolerância exige a especificação de um princípio de legitimação política fundamentado na deliberação e justificação públicas segundo o qual as normas, práticas e instituições que organizam a vida comum possam ser justificáveis (...) à luz de boas razões aceitáveis por todos os cidadãos. A ideia central do artigo é que a delimitação da tolerância não é uma tarefa teórico-moral, mas sim uma tarefa prático-política a ser levada adiante pelos próprios cidadãos por meio de procedimentos democráticos de deliberação pública. (shrink)

This article sets out two central theses. Both theses primarily involve a fundamental criticism of current contractarian business ethics(CBE), but if these can be sustained, they also constitute two boundary conditions for any future contractarian theory of business ethics. The first, which I label the self-discipline thesis, claims that current CBE would gain considerably in focus if more attention were paid to the logic of the social contract argument. By this I mean the aims set by the theorist and method (...) of reasoning by which normative conclusions are drawn in the contract model. The second, to which I refer as the domain-specificity thesis, argues that current CBE needs to be better adapted to its field of application and the specific goals which it aims to establish. I will substantiate these two theses on the basis of a comparative analysis of CBE with two earlier families of social contract theories. (shrink)

In Partisanship and Political Liberalism in Diverse Societies, Matteo Bonotti argues that the problem of political obligation can be solved for at least a sub-set of citizens, namely, for political partisans. Bonotti claims that the benefits that accrue to partisans in virtue of a principle of fair play warrant their observing a duty to obey the law. In this paper, I first point to the strength of the argument: it purports to generate a duty of all partisans to obey all (...) laws, not just laws to do with the political system. I argue that this strong argument does not work, though a weaker argument, connecting partisanship to an obligation to obey laws to do with the political system, might. I suggest an alternative argument that might more securely connect the benefits of partisanship to an obligation to obey the law, one that is grounded in obligations of partisanship, especially those of highly visible members of parties. (shrink)

ABSTRACTIt is widely recognized among proponents of liberal democracy that healthy democratic politics requires public reason based upon a citizenry engaged in political discourse and institutional...

How to demarcate the political units within which democracy will be practiced? Although recent years have witnessed a steadily increasing academic interest in this question concerning the boundary problem in democratic theory, social contract theory’s potential for solving it has largely been ignored. In fact, contract views are premised on the assumption of a given people and so presuppose what requires legitimization: the existence of a demarcated group of individuals materializing, as it were, from nowhere and whose members agree among (...) themselves to establish a political order. In order to fill this gap in social contract theory, a distinction is made between three kinds of contract views: Lockean political voluntarism, contractarianism, and contractualism. Each of these views can be interpreted in such a way that it offers a democratic solution to the boundary problem. Ultimately, however, a Rawlsian interpretation of the contractualist solution is defended. (shrink)

Rawls and Schmitt are often discussed in the literature as if their conceptions of the political had nothing in common, or even referred to entirely different phenomena. In this essay, I show how these conceptions share a common space of reasons, traceable back to the idea of public reason and its development since the Middle Ages. By analysing the idea of public reason in Rawls and in Schmitt, as well as its relation to their theories of political representation, I show (...) in what way Schmitt's concept of the political cannot be divorced from an idea of justice, while, conversely, Rawls' conception of justice cannot be divorced from a theory of the political. In that way this paper thematizes the internal relation that each theory establishes between justice and power, deliberation and decision, and consensus and disagreement. (shrink)

This article looks at the problems of the co-determination of the political within western metaphysics and political reflection, and considers solutions that are figured in terms of failure and incompletion. The focus is on the relation of the political to political modernity, its defenders and attackers, and those who seek to overcome the opposition.

This paper assesses teachers’ and students’ self-perception as global citizens in the context of Alfred North Whitehead Process Philosophy. The aim of the paper is to identify the potential for global citizenship within pedagogy and learning. One hundred students and 50 teachers from Peaceland College of Education, Enugu, in Nigeria, were selected systematically and examined on their belief that an action in situ could pose global consequences or benefits. Respondents were also assessed on other dimensions of globalization. Results showed that (...) although more teachers believed themselves to be global citizens, there was little tendency to stimulate students in this regard. Students conversely exhibited their potential for global citizenship by listening more to foreign media than their teachers. For students, however, knowledge of current affairs and interaction with foreigners were significant determinants of self-perception as global citizens; for teachers, it was the motivation to teach and the level of education. The study concludes that adopting process philosophy in schools has much promise for skills, values, attitudes and dispositions needed to live in a global society. (shrink)

One of the major concerns of advocates of common morality is that respect for cultural diversity may result in moral relativism. On their part, proponents of culturally responsive bioethics are concerned that common morality may result in moral imperialism because of the asymmetry of power in the world. It is in this context that critics argue that global bioethics is impossible because of the difficulties to address these two theoretical concerns. In this paper, I argue that global bioethics is possible (...) if we adopt a culturally responsive and self-critical attitude towards our moral values and those of others. I use the example of women’s reproductive autonomy in indigenous African culture to show that the difference between the leading Euro-American and indigenous African construal of autonomy is that the former ascribes greater weight on individual self-determination while the latter emphasizes responsibilities towards the community. One develops dignity in virtue of their capacity for communing with others. Hence, women have rights, but as members of the community, they also have obligations including the duty to procreate. The involvement of the family in reproductive decisions does not contravene women’s dignity and human rights. In applying the principle of autonomy in this communitarian context, one has to be sensitive to these ontological and moral specificities. The aim of global bioethics should not be to reach common grounds at all costs; any common norms should be the result of a negotiated democratic dialogue between cultures and not the result of imposition by the preponderant culture. (shrink)

In this article, we present a case for the recognition of multiple religions, arguing that states have a non-absolute duty to recognise religions which it is likely they should discharge along different dimensions and to different degrees. More concretely, we focus on several Western European states (or regions thereof), arguing that they would be more legitimate if they were to recognise an extensive range of faiths and ethno-religious groups. In order to make this argument, we deploy a method of iterative (...) contextualism, consisting of two interlocking steps which can be thought of as obverse halves of a hermeneutic circle. First we identify and describe two cross-contextual principles, which we call identification and discretionary recognition. Then we suggest how it may be shown that these principles are already present to a significant degree in Denmark, Finland and Alsace-Moselle – the three contexts with which we are particularly concerned here. This, then, is a normatively robust and contextually sensitive argument for the multidimensional recognition of religion by a state, and at the same time it explains how we apply the method of iterative contextualism. (shrink)

Starting from the ‘Dewey Lectures’, Rawls presents his conception of justice within a contextualist framework, as an elaboration of the basic ideas embedded in the political culture of liberal-democratic societies. But how are these basic ideas to be justified? In this article, I reconstruct and criticize Rawls’s strategy to answer this question. I explore an alternative strategy, consisting of a genealogical argument of a pragmatic kind – the kind of argument provided by authors like Bernard Williams, Edward Craig and Miranda (...) Fricker. I outline this genealogical argument drawing on Rawls’s reconstruction of the origins of liberalism. Then, I clarify the conditions under which this kind of argument maintains vindicatory power. I claim that the argument satisfies these conditions and that pragmatic genealogy can thus partially vindicate the basic ideas of liberal-democratic societies. (shrink)

For well over a decade, much of liberal political theory has accepted the founding premise of Rawls's political liberalism, according to which the fact of reasonable pluralism renders comprehensive versions of liberalism incoherent. However, the founding premise presumes that all comprehensive doctrines are moral doctrines. In this essay, the author builds upon recent work by Allen Buchanan and develops a comprehensive version of liberalism based in a partially comprehensive social epistemic doctrine. The author then argues that this version of liberalism (...) is sufficiently accommodating of the fact of reasonable pluralism. The conclusion is that the founding premise of political liberalism admits of a counterexample; there is a version of comprehensive liberalism that is sufficiently pluralistic. (shrink)

In a well-functioning democracy, must citizens regard one another as political equals, despite ongoing disagreements about normatively significant questions of public policy. A conception of civility is needed to supply citizens with a common sense of the rules of political engagement. By adhering to the norms of civility, deeply divided citizens can still assure one another of their investment in democratic politics. Noting well-established difficulties with the very idea of civility, this essay raises a more fundamental problem. Any conception of (...) civility faces the problem of semantic descent, the phenomenon by which second-order norms devolve into tools for conducting first-order disputes. The problem of incivility in politics thus is not simply that of designing a suitably inclusive view of what civility demands. It might be that political civility can be cultivated only by way of interactions that are themselves not at all political. (shrink)

The main purpose of this paper is to examine the concept of critique in Habermasian thought. Given that the concept of critique is a central theoretical category in the work of the Frankfurt School, it comes as a surprise that little in the way of a systematic account which sheds light on the multifaceted meanings of the concept of critique in Habermas's oeuvre can be found in the literature. This paper aims to fill this gap by exploring the various meanings (...) that Habermas attributes to the concept of critique in 10 key thematic areas of his writings: (1) the public sphere, (2) knowledge, (3) language, (4) morality, (5) ethics, (6) evolution, (7) legitimation, (8) democracy, (9) religion, and (10) modernity. On the basis of a detailed analysis of Habermas's multifaceted concerns with the nature and function of critique, the study seeks to demonstrate that the concept of critique can be considered not only as a constitutive element but also as a normative cornerstone of Habermasian thought. The paper draws to a close by reflecting on some of the limitations of Habermas's conception of critique, arguing that in order to be truly critical in the Habermasian sense we need to turn the subject of critique into an object of critique. (shrink)

Politics, in an emphatic sense of the term, involves questioning, a sense of importance, rationality and a collective investment in political life. The essay discusses some of the threats against the political imaginary thus understood in contemporary Western societies. Depoliticizing trends are found in political and economic theory and echoed in discussions about political problems of global complexity. The responses to the experiences of political powerlessness include the rise of right wing populism and extremism. To analyse these currents, the essay (...) discusses a notion of Cornelius Castoriadis that has been little developed in political theory: the distinction between validity de facto and validity de jure. It is argued that the category of validity de jure can put into philosophical relief the problems of depoliticization and the sliding scale from populism to terrorism. An increased awareness of the question of validity can further develop a reflexive understanding of distinctions between what is and what ought to be, and thus, to the importance of practicing politcs. (shrink)

Even though the interrelationship between education and democratic politics is as old as democracy itself, it is seldom explicitly formulated in the literature. Most of the time, the political system is taken as a given, and education conceptualized as an instrument for stability and social integration. Many contemporary discussions about citizenship education and democracy in the Western world mirror this tendency. In the paper, I argue that, in order to conceptualise the socio-political potential of education we need to understand democracy (...) in more political terms. This means that democracy can neither be seen primarily as a mode of associated living, nor a model for handling different life-views. A third alternative is Gert Biesta’s notion of democratic subjectification. Even though Biesta identifies depoliticising trends in citizenship education policies, I argue that his alternative still fails to be a sufficiently political alternative. What is lacking in Biesta is the explicit attention to political causes and the kind of collective activities that define a democracy: the creation of one’s own laws, norms and institutions. This capacity of the collective to question and govern itself is put in relief by Cornelius Castoriadis’s notion of “the project of autonomy”. (shrink)

The certification-based Fair Trade initiative has been steadily growing during the last two decades. While many scholars have analyzed its main characteristics and developments, only a few have assessed it against a concept of justice. And those exceptional cases have only focused on distributive justice, proving unable to grasp the important ethical elements that Fair Trade integrates in its project. In reaction to this, this article intends to critically examine what the Fair Trade movement proposes to be ‘fair’ by resorting (...) to the thought of the French philosopher Emmanuel Lévinas. To accomplish this goal, a new understanding of his conception of justice is presented, one that seeks to overcome the limitations that the two most common interpretations in the literature suffer. The idea of Lévinas’ ‘dialectics of justice’ is used to discuss Fair Trade’s relation of alterity, its appropriation of the notion of ‘face’ and its commitment to and responsibility for marginalized producers and workers. This analysis shows that Fair Trade operates with what could be described as a fetishized understanding of Levinasian ethics that justifies a deeply unjust praxis. (shrink)

O objetivo do presente artigo é realizar uma análise da teoria da justiça como eqüidade de John Rawls em A Theory of Justice e no Political Liberalism, destacando seu modelo de complementaridade entre o deontológico e o procedimental com o teleológico e substancial, buscando responder algumas das críticas levantadas por autores comunitaristas à teoria rawlsiana de justiça e procurando apontar para suas semelhanças. Parto das críticas dos comunitaristas à teoria da justiça como eqüidade; posteriormente, analiso os aspectos teleológicos contidos em (...) seu modelo deontológico; em seguida, destaco a intrínseca relação entre o procedimental e o substancial; por fim, apresento as respostas às críticas comunitaristas à Rawls, destacando a especificidade de sua concepção de justiça. (shrink)

Meu principal objetivo, neste artigo, é analisar o problema da justificação moral para John Rawls, caracterizando a teoria da justiça como equidade como um sistema coerentista de justificação que conta com uma epistemologia coerentista holística, uma teoria do contrato social que introduz uma ontologia social e uma estratégia pragmatista de justificação na teoria contratualista. No escopo deste trabalho, examinarei o pressuposto pragmatista de justificação na teoria do contrato social, o qual faz uso do argumento da estabilidade social e legitimidade política (...) para garantir a validade da regra, isto é, dos princípios de justiça, a partir de dois artigos centrais para este debate: "Justice as Fairness: Political not Metaphysical" e "Reply to Habermas" § 1, 2. Um objetivo específico será o de mostrar a complementaridade entre o descritivismo e o prescritivismo nessa estratégia de justificação que possibilita a superação da dicotomia entre fato e valor. My main aim in this paper is to analyze the problem of moral justification in John Rawls, characterizing the theory of justice as fairness as a coherentist system of justification that relies on a holistic coherentist epistemology, a social contract theory that introduces a social ontology, and a pragmatist strategy of justification in contractarian theory. I will analyze the core characteristics of the pragmatic presupposition of justification in social contract theory, which uses the argument of social stability and political legitimacy as a guarantee of the legitimacy of the rules, that is, of the principles of justice. I will mainly make use of two articles relevant to this debate: "Justice as Fairness: Political not Metaphysical" and "Reply to Habermas" § 1, 2. A specific objective here is to show the complementarity between descriptivism and prescriptivism in this strategy of justification that allows an overcoming the fact/value dichotomy. (shrink)

Meu principal objetivo, neste artigo, é analisar o problema da justificação moral para JohnRawls, caracterizando a teoria da justiça como equidade como um sistema coerentista de justificaçãoque conta com uma epistemologia coerentista holística, uma teoria do contrato social que introduzuma ontologia social e uma estratégia pragmatista de justificação na teoria contratualista. No escopodeste trabalho, examinarei o pressuposto pragmatista de justificação na teoria do contrato social, o qual faz uso do argumento da estabilidade social e legitimidade política para garantir a validade (...) da regra, isto é, dos princípios de justiça, a partir de dois artigos centrais para este debate: "Justice as Fairness: Political not Metaphysical" e "Reply to Habermas" § 1, 2. Um objetivo específico será o demostrar a complementaridade entre o descritivismo e o prescritivismo nessa estratégia de justificação que possibilita a superação da dicotomia entre fato e valor. (shrink)

Artikkel käsitleb kriitiliselt üht viimaste kümnendite vastandust poliitilises filosoofias — ‘poliitilise liberalismi’ (Rawls) ja ‘radikaalse demokraatia’ (Laclau ja Mouffe) vahel. Artikkel püüab käivitada potentsiaalset dialoogi nende kahe näiliselt lahkneva lähenemise vahel. Kokkuvõttes näitab artikkel, et vastandus on möödarääkimine vähemalt ühes fundamentaalses mõttes: mõlemad lähenemised jagavad ühiskonnastmõtlemisel sama aluseetost. Artiklis nimetatakse seda ‘sattumuslikkuse eetoseks’ ning väidetakse, et see on kõige fundamentaalsem alusveendumus nii Laclau ja Mouffe’i ‘radikaalse demokraatia’ kui ka Rawlsi ‘õigluse kui ausameelsuse’ idee jaoks. Artikkel osutab ka ühele kesksele kitsaskohale (...) Laclau ja Mouffe’i lähenemises: nende suutmatusele kontseptualiseerida institutsioonilisi korraldusi tulenevalt nende ülemäärasest rõhuasetust demokraatia dekonstruktiivsele potentsiaalile. Selles suhtes osutatakse ka Rawlsi käsitluse ilmselgetele eelistele, kuna see pakub juhiseid organiseerimaks demokraatlikke institutsioone. The paper concentrates on a controversy in recent decades’ political thought between ‘political liberalism’ of Rawls and ‘radical democracy’ (represented in this paper by Laclau and Mouffe). The article tries to initiate a potential dialogue between these seemingly divisive approaches. In conclusion the paper maintains that the whole controversy is misguided in one fundamental respect: both approaches share the same underlying ethos in envisioning society—‘the ethos of contingency’. It is argued that it is the most fundamental tenet informing both Laclau and Mouffe’s theory of hegemony with its complementary idea of ‘radical democracy’, and justice as fairness conceived in terms of reciprocity with its accompanying idea of public justification and reflective equilibrium. _e article points to a central impasse in Laclau and Mouffe’s approach: its incapability to conceptualize institutional arrangements due to their overemphasis on the deconstructive potential of democracy. In this respect the obvious merits of Rawls’ conception are highlighted in view of his proposals for organizing democratic institutions. (shrink)

Critics of John Rawls' conception of a reasonable pluralism have raised the question of whether it is justified to demand that religious individuals should 'bracket' their essential, identity-constituting convictions when they enter a political discourse. I will argue that the criterion for religious beliefs of being justified as grounds for political decisions should be their ability of being 'translatable' in secular reasons for the very same decisions. This translation would demand 'epistemic abstinence' from religious believers only on the basis of (...) a rigid distinction between the spheres of private opinions and public reasons. To give a more adequate account of the relation between religious beliefs and political reasons in a pluralistic society it seems to be helpful to make use of Niklas Luhmann's functionalistic theory of religion. Key Words: democracy and religious beliefs • philosophy of religion • pluralism • political liberalism • political theory. (shrink)

This article provides two empirical evaluations of deliberation. Given that scholars of deliberation often argue for its importance without empirical support, we first examine whether there is a "deliberative difference"; if actors engaging in deliberation arrive at different decisions than those who think on their own or "just talk." As we find a general convergence within deliberation scholarship around reasons and inclusion, the second test examines whether these two specific mechanisms are central to deliberation. The first evaluation looks at outcomes (...) within a laboratory setting; the second at videotapes of decision-making processes within this setting. Our results show two things. First, in terms of outcomes, deliberation differs from other forms of interaction. Second, reasons and inclusion are central to the deliberative process. The more reasons provided within each group, the more likely participants were to change their position; similarly, the more inclusive groups were, the more likely participants were to change their position. We conclude by arguing that more work needs to be done, both in evaluating the deliberative difference and in disaggregating deliberation and examining its central explanatory mechanisms. (shrink)

Cox and Fritz state the central problem as the absence of a framework for healthcare policy decisions; but, they overlook the theoretical underpinnings of public law. In response, they propose a two-step procedure to guide fair decision-making. The first step relies on Thomas Scanlon’s ‘contractualism’ for stakeholders to consider whether, or not, they could reasonably reject policy proposals made by others; then in the second step, John Rawls’s principles of justice are applied to these proposals; a fair policy requires to (...) pass both steps. I argue that Cox and Fritz misinterpret Rawls. His theory has two stages: first, public reason is used to generate principles of justice; second, public reason is used to interpret and apply these principles. The second stage requires that proposals are based on the principles of justice from the first stage, and these proposals have to be acceptable to reasonable persons. Thus, Rawls’s theory does not need Scanlonian supplementation. Moreover, the application of Rawls’s theory in Cox and Fritz’s model is confusing. In any case, the problems with applying Rawlsian justice to healthcare can be located elsewhere. First, Rawls’s theory would treat healthcare simply as a ‘primary good’ or resource. Social justice ought to, instead, consider healthcare as an opportunity, in the manner conceived by Amartya Sen. Second, Rawlsian justice rests, ultimately, on the conception of a reasonable person; until and unless the characteristics of reasonable stakeholders are clarified, any model of health justice will remain hostage to the unreasonable. (shrink)

An analysis of the epistemological structure of democratic deliberation as a procedure in which legal norms are constructed reveals that deliberation combines procedural and substantive aspects in a unique and inextricable manner. The co-original recognition of the private and public autonomy of all citizens provides the substantive critical standard against which the justice of norms is measured. At the same time, such recognition requires that the particular needs and values of all people concerned be taken into account. Given the privileged (...) epistemic access people have to their own particular perspective, this requirement implies the ineliminability of actual deliberative procedures. The open-ended nature of these constructive procedures is partly due to the fact that the rules of the procedure are counterfactual and themselves subject to interpretation. More importantly, it also reflects the historical nature of our human world and the freedom of moral persons to shape and reshape their preferences. (shrink)

Contemporary political thought is deeply divided about the role of ontology in political thinking. Famously, political liberal John Rawls has argued that ontological claims are best to be avoided in political thought. In recent years, however, a number of theorists have claimed that ontology is essential to political philosophy. According to the contributors to this ‘ontological turn’, ontological investigations may foster the politicisation of hegemonic political theories and can highlight new possibilities for political life. This essay aims to contribute to (...) the debate about ontology in political philosophy by arguing that a compelling case for ontology can also be made in light of Rawls’ political liberalism itself, in particular, by taking seriously Rawls’ commitment to the politicisation of justice and the task of orientation of political philosophy. To make this case, the paper brings Rawls' perspective in conversation with the critical methodology and the ontology of agonism and reflections on parr... (shrink)