As academic literatures and political demands, global justice and populism look like competing ways of diagnosing and addressing neoliberal inequality. But both misunderstand neoliberalism and consequently risk reinforcing rather than undermining it. Neoliberalism does not just break down political and social hierarchies, but also relies on and sustains them. Unless populists recognize this, they will find that assertions of sovereignty do more to reinforce neoliberalism and reproduce its hierarchies than to resist them. Recognizing neoliberalism as not simply corrosive of solidarity (...) but also producing its own affective ties suggests that global justice advocates need to develop a critique of individual attitudes that egalitarian liberals have often seen as private and been hesitant to judge. In short, if either populism or global justice hope to take advantage of neoliberalism’s failures to advance an egalitarian politics, they need to reckon more carefully with their own entanglement with neoliberalism’s hopes and hierarchies. (shrink)

Immanuel Kant’s political philosophy has enjoyed renewed attention as an egalitarian alternative to contemporary inequality since it seems to uncompromisingly reassert the primacy of the state over the economy, enabling it to defend the modern welfare state against encroaching neoliberal markets. However, I argue that, when understood as a free-standing approach to politics, Kant’s doctrine of right shares essential features with the prevailing theories that legitimate really existing economic inequality. Like Friedrich Hayek and Milton Friedman, Kant understands the state’s function (...) as essentially coercive and, in justifying state coercion, he adopts a narrow conception of political freedom that formally preserves the right to choose while denying that the range of choices one actually has can be a matter of justice. As a result, Kant cannot identify various forms of social pressure as potential injustices even as he recognizes their power to create and sustain troubling inequalities. For both Kant and the neoliberals, the result is that economic relations almost never count as unjust forms of coercion, no matter how unequal they are. Views that identify coercion as the trigger for duties of justice are thus particularly ill-suited to orient us to contemporary inequality. (shrink)

Christian social thinkers who strongly support the free-market system often have drawn connections between the social values of their faith and the ideas of Austrian economist Friedrich Hayek. Hayek's comments on religion, however, seem to predict its demise for the sake of progress, whereas his colleague Wilhelm Röpke posits “transcendent” religion and established moral traditions as essential to a humane economy. This essay contends that what Röpke described as “enmassment” has similarities to the present “financialization” of society, which involves the (...) rising influence of financial values in all institutions, exaggerated emphasis on quantitative performance measures, and reliance on technical processes in lieu of human relationships. Röpke's “Christian humanist” philosophy advances the kind of ethical entrepreneurialism needed to morally sustain a global society experiencing enmassment and financialization simultaneously. (shrink)

The American public university is losing status vis-à-vis the Ivy League private sector. In mass education it is challenged by for-profit institutions such as the University of Phoenix. Declining state financing is symptomatic of the evacuation of public values inside and outside the university. This has proceeded furthest in the USA. Other university systems are affected by national/local as well as global/American factors. Nevertheless, most public universities are on the defensive. Intensified status competition, locking neatly into neo-liberal government, is reconstituting (...) the field of higher education (Bourdieu, 1988) as a competitive market in private status goods. This, not a structural transformation consequent on changes in scale, is decisive. Universities have a capacity for bounded diversity and an underutilized potential in public discourse that enables them to combine openness with research and academic excellence, but not with high student selectivity and social exclusivity. The article comments on the implications of Craig Calhoun’s essay for reinventing the public university, focusing on two theorizations that provide resources for this: Samuelson (1954) on public and private goods, and Habermas (1989) on the public sphere. However, neither fully encompasses the university’s role in learning, scholarship, identity formation and self-alteration. (shrink)

This article turns to the issue of political representation that I argue is central to all forms of political thought and practice of the modern period. Taking political representation as its object, I argue that its crisis—that comes to a head in the travails of the Weimar Republic—provided the opportunity for forms of neoliberal representation to displace political representation with purportedly “neutral”, non-partisan and thus “fair” representational tools. In contrast, I seek to develop the idea of “self-representation” with a discussion (...) of paths not chosen at Weimar and via Italianoperaismo’s reflections on “class composition”, which combines collective self-representation with political organization. Representing each member of a collective to another as it develops epistemic and cartographic tools, it constructs group solidarity, organization and the capacity to act as it reclaims the collectivity alienated in modern political forms of representation and excluded from neoliberal ones. (shrink)

Scientific progress has many facets and can be conceptualized in different ways, for example in terms of problem-solving, of truthlikeness or of growth of knowledge. The main claim of the paper is that the most important prerequisite of scientific progress is the institutionalization of competition and criticism. An institutional framework appropriately channeling competition and criticism is the crucial factor determining the direction and rate of scientific progress, independently on how one might wish to conceptualize scientific progress itself. The main intention (...) is to narrow the divide between traditional philosophy of science and the sociological, economic and political outlook at science that emphasizes the private interests motivating scientists and the subsequent contingent nature of the enterprise. The aim is to show that although science is a social enterprise taking place in historical time and thus is of a contingent nature, it can and in fact does lead to genuine scientific progress - contrary to the claims of certain sociologists of science and other relativists who standardly stress its social nature, but deny its progressive character. I will first deal with the factual issue by way of introducing the main concepts and mechanisms of modern institutional theory and by applying them to the analysis of the cultural phenomenon that we call modern science. I will then turn to the normative issue: what is the appropriate content of the institutional framework, for scientific progress to emerge and be sustained at which level should it be set and by whom? Addressing this problematic is equivalent to conducting a constitutional debate leading to a Constitution of Science. (shrink)

The ArgumentScience consists in progress by innovation. Scientists, however, are committed to all kinds of traditions that persist or recur in society regardless of intellectual and institutional changes. Merton's thesis about the origins of the scientific revolution in seventeenth-century England offers a sociohistorical confirmation of this revisionist view: the emergence of a highly rational scientific method out of the religious-ethical sentiments of the English Puritans implies that scientific knowledge does indeed grow out of – and not really against – customary (...) modes of thought.In tracing the intellectual origins of this view back to the religious controversy between Protestants and Catholics, the essay demonstrates that the essential conflict between them with regard to natural science stemmed from their antagonistic conceptions of tradition and its function in the production of genuineknowledge– of religious as well as of natural affairs. Whereas the Protestants believed only in those truths that are immediately revealed by God to each man through his reason, the Catholics adhered to truths that are related to men or “made” by them through culture and history. (shrink)

Constellations, Volume 28, Issue 4, Page 555-569, December 2021.

This article revisits the "harmony doctrine" school of economics and its distinctive understanding of how ethics and economics intersect. Harmony doctrine thinkers staked out a “natural” understanding of economic phenomena that in many ways fused the classical political economy of Adam Smith with the earlier French Physiocratic School. Their metaphysically grounded interpretation was largely eclipsed by the developments of utilitarian and marginalist schools by the end of the nineteenth century. Yet harmony doctrine thinking adhered to a distinct understanding of how (...) ethical processes and outcomes play out within the economic sphere that has to date gone under examined by business ethicists. This paper outlines three characteristics of harmony doctrine views: the belief in curative forces empowered to "heal" the economic order, a dichotomous interpretation of the economic realm that distinguishes the “natural” from the “artificial,” and an overarching belief in a harmonious social order actualized by cooperative interdependencies within economic enterprises. Despite falling into obscurity in the economic discipline, all these ideas found new life in intellectual currents of organizational and political thought at the turn of the twentieth century. After surveying these historical developments, this article concludes by demonstrating how harmony doctrine thinking helpfully illuminates persisting metaphysical dimensions of contemporary business ethics. (shrink)

Hayek's argument that social justice is a mirage consists of six claims: that the very idea of social justice is meaningless, religious, self‐contradictory, and ideological; that realizing any degree of social justice is unfeasible; and that aiming to do so must destroy all liberty. These claims are examined in the light of contemporary theories and debates concerning social justice in order to assess whether the argument's persuasive power is due to sound reasoning, and to what extent contemporary theories of justice (...) meet or escape the Hayekian challenge. (shrink)

Cost-benefit analysis is commonly understood to be intimately connected with utilitarianism and incompatible with other moral theories, particularly those that focus on deontological concepts such as rights. We reject this claim and argue that cost-benefit analysis can take moral rights as well as other non-utilitarian moral considerations into account in a systematic manner. We discuss three ways of doing this, and claim that two of them (output filters and input filters) can account for a wide range of rights-based moral theories, (...) including the absolute notions of moral rights proposed by Hayek, Mayo, Nozick, and Shue. We also discuss whether the use of output filters and input filters can be generalized to cover other non-utilitarian theories, such as Kantian duty ethics and virtue ethics. (shrink)

Abstract:In this article we first review the development of the concept of global business citizenship and show how the libertarian political philosophy of free-market capitalism must give way to a communitarian view in order for the voluntaristic, local notion of “corporate citizenship” to take root. We then distinguish the concept of global business citizenship from “corporate citizenship” by showing how the former concept requires a transition from communitarian thinking to a position of universal human rights. In addition, we link global (...) business citizenship to global business strategy and to three analytical levels of ethical norms. Finally, we trace a process whereby global businesses can implement fundamental norms and learn to accommodate to legitimate cultural differences. (shrink)

There is an odd proximity between Hayek, hero of the libertarian right, and Rawls, theorist of social justice, because, at the level of principle, Hayek was in some important respects a Rawlsian. Although Hayek said that the idea of social justice was nonsense, he argued against only a particular principle of social justice, one that Rawls too rejected, namely distribution according to individual merit. Any attempt to make reward and merit coincide, Hayek argued, would undermine the market's price system, leaving (...) us all poorer and less free. Like Rawls, Hayek held that we should assess social institutions from behind a veil of ignorance, and he thought that doing so pushed us toward egalitarianism. Most of the distance between Hayek and Rawls at the level of policy stems from Hayek's optimism about the operation of markets, his equivocation about the meaning of central concepts, and his appeal to under-argued slippery slopes. Hayek wavered, however, between claiming that private property and markets benefit everyone, compared to the feasible alternatives, and the principle that they maximize the opportunities of a randomly selected member of society, i.e., aggregate opportunity. Contemporary Hayekians claim that capitalism raises the position of the worst off in the long run, in future generations, whereas Rawlsians insist that inequalities between social positions should benefit the worst off now. (shrink)

This paper mounts a partial defense of the basic structure objection to the egalitarian criticism of productive incentives. The defense is based on the claim that some duties of justice are subject to a reciprocity condition. The paper develops this position via an examination of the debate between Andrew Williams and G. A. Cohen on publicity and incentives. Reciprocity is an intrinsic feature of a relational conception of social justice, not simply a requirement of stability. Not all duties are conditional (...) on reciprocity because some duties are owed to third parties, as well as to their primary targets. Some forms of exploitation may be unconditionally wrong, but not the specific kind of exploitation at stake when talented individuals accept market wages. (shrink)

This article traces John Rawls’s debt to Frank Knight’s critique of the ‘just deserts’ rationale for laissez-faire in order to defend justice as fairness against some prominent contemporary criticisms, but also to argue that desert can find a place within a Rawlsian theory of justice when desert is grounded in reciprocity. The first lesson Rawls took from Knight was that inheritance of talent and wealth are on a moral par. Knight highlighted the inconsistency of objecting to the inheritance of wealth (...) while taking for granted the legitimacy of unequal reward based on differential productive capacity. Rawls agreed that there was an inconsistency, but claimed that it should be resolved by rejecting both kinds of inequality, except to the extent they benefitted the worst off. The second lesson Rawls learned from Knight was that the size of one’s marginal product depends on supply and demand, which depend on institutional decisions that cannot themselves be made on the basis of the principle of rewarding marginal productivity. The article claims that this argument about background justice overstates its conclusion, because the dependence of contribution on institutional setup is not total. Proposals for an unconditional basic income may therefore have a strike against them, as far as a reciprocity-based conception of desert is concerned. If we follow Knight’s analysis of the competitive system, however, so too does the alternative of leaving determination of income up to the market. (shrink)

In this paper I will discuss the problem of evaluating dynamic properties of the procedural rules that govern science. I will propose a novel framework for evaluating dynamic properties of such rules. This framework is based upon an analogy from New Institutional Economics. I will argue that the concept of ‘adaptive efficiency’, as it has been developed by Douglass North, solves a problem in economics that is analogous to the problem of evaluating dynamic properties of the procedural rules that govern (...) science. I will propose to apply the main ideas underlying this concept to Chrysostomos Mantzavinos’s theory of Explanatory Games. Based on these ideas, I will develop the concept of ‘explanatory efficiency’. This concept is meant to provide the means to evaluate the dynamic properties of Explanatory Games. I will argue that the proposed analogy also motivates more general applications of New Institutional Economics to traditional problems of philosophy of science. (shrink)

ABSTRACT:This article provides a normative justification for unions. It discusses three arguments. The argument from consent justifies unions in some circumstances, but if the employer prefers to not bargain with unions, it may provide very little justification. The argument from contestability takes as its starting point the fact that employment contracts are incomplete contracts, where authority takes the place of complete contractual terms. This theory of contracts implies that consent to authority has been given under ignorance, and, therefore, that authority (...) cannot be justified by consent. Contestability is a mechanism that can handle this problem for consent theory. It demands transparency, channels for voice, and a forum where contestations can be evaluated. This idea can be implemented in firms in different ways, but the argument from the separation of powers implies that unions are uniquely suited to implement contestability, since they are organized outside of the employer’s domain of authority. (shrink)

Hayek's later work on the possibility of socio-economic order in decentralized market economies is an exercise in contrastive causal explanation as conceptualized by realist social theorists and philosophers. This interpretation of Hayek's work lends support to the view that Hayek's post-1960 writings can be thought of as an example of comparative institutional analysis. It also provides a means of reinforcing Hayek's own efforts to establish the scientific credentials of his work.

In Hayek's Social and Political Thought, Roland Kley argues that Hayek's defense of capitalism is instrumentalist: that is, that Hayek sees market societies as efficient mechanisms that have no independent ethical justification. But in fact, Hayek does have such a standard, one that is expressed in the notion of a discipline of freedom. This standard derives from the moral anthropology of the liberal‐conservative tradition.

Yangming’s theory of the original knowing (liangzhi 良知). In the 1950s there was a debate between Taiwanese liberals and the New Confucians over the relationship between the traditional Confucianism and modern democracy. Like Liu Shipei, the New Confucians justified modern democracy by means of Confucian philosophy (including that of Wang Yangming). For liberals, however, the Confucian tradition encompassed only the concept of positive liberty, which was irrelevant to or even incompatible with modern democracy. In this article, I try to argue (...) for the position of the New Confucians by reconstructing Wang Yangming’s theory of the original knowing from a communitarian perspective. (shrink)

This paper reconsiders the relationship between the personal and the common good within an Aristotelian conception of the virtuous and happy life. Thinking about that relationship requires that we face up to a central tension in the Aristotelian ethical outlook. That approach is rooted in the value of eudaimonia — of living well, of happiness. That is something like the personal good. At the same time, on the Aristotelian picture no form of human life can be good if it is (...) not one we can live with others of our kind; that requires something like a common good. It is difficult to spell out both those ideas fully in such a way that they fit together well. Nonetheless, I believe that Aristotle’s framework (although not the specifics of his own theory) offers us the best prospects of doing so, and sketch a way of connecting the personal and common goods within that framework. (shrink)

This paper explores how luck egalitarianism fares in capturing our intuitions about the fairness of market-generated outcomes. Critics of luck egalitarianism have argued that it places no restrictions on what outcomes are acceptable, at least when all agents are equally situated before entering the market, and that this gives us a reason to reject it as an account of fairness. I will argue that luck egalitarianism does make specific judgements about which market-generated outcomes are compatible with maintaining a fair distribution. (...) In addition, I will argue that luck egalitarian prescriptions accord with our pre-theoretical intuitions about the (un)fairness of certain market-generated outcomes. Securing these points both speaks in favour of luck egalitarianism as an ethical principle and provides a framework within which to analyze the fairness of practical, real world cases. (shrink)

A book so overall critical as The Idea of Justice by A. Sen requires a Popper inspired examination. The results are that his rejection of Rawls is flawed and that he entirely lacks meta-ethics. The continental Weberian approach to normative enquiry has been severely neglected by many scholars in the Anglo-Saxon tradition, trying in vain to identify the true nature of justice. Instead of searching for a Platonic idea of justice, one should examine today’s conflicts over justice looking to the (...) ultimate values of people. (shrink)

This paper offers a novel situational approach to study organizational justice in which the proposed unit of analysis is managerial behavior manifested in argumentation rather than employee justice perceptions. The currently dominant theoretical framework in justice research, which is built on justice perceptions, neglects the unique features of organizational order and vulnerability of procedural justice perceptions. As the procedural justice concept belongs chiefly to a spontaneous market order under which the rule of law is made possible, it is inappropriate to (...) transfer this concept to an organization in which the rule of authority is dominant. Therefore, except the limited legal domain in which managerial freedom is restrained by laws, procedural justice in organizations represents a mirage that can give rise to hypocritical managerial actions that can legitimate morally controversial outcomes via eristic tactics. In contrast, interactional justice is of great importance to organizations in that employees and organizations can ensure their rational economic exchanges without deception. However, current formulations of interactional justice often regard interactions as a palliative recipe designed to alleviate reactions to outcomes and not as a constituent of distributive justice. Perelman’s argumentation theory can offer a new conceptualization of interactional justice that addresses this gap. (shrink)

Environmental governance has emerged as a recent perspective to explain the link between corporate governance mechanisms and environmental performance such as pollution reduction. We extend current models by incorporating the crucial role of the underlying institutional logics in terms of an a priori focus on either shareholder rights or stakeholder inclusion, which, in turn, can be traced back to the legal origin of a specific country. Using data on a sample of common and civil law countries, we find support for (...) our predictions that a shareholder-focused common law legal origin is associated with significantly higher emissions of CO2, and also that international environmental agreements like the Kyoto protocol seem to have a more pronounced effect in shareholder-centric economies than thus far assumed. (shrink)

Debunking arguments are arguments that seek to undermine a belief or doctrine by exposing its causal origins. Two prominent proponents of such arguments are the utilitarians Joshua Greene and Peter Singer. They draw on evidence from moral psychology, neuroscience, and evolutionary theory in an effort to show that there is something wrong with how deontological judgments are typically formed and with where our deontological intuitions come from. They offer debunking explanations of our emotion-driven deontological intuitions and dismiss complex deontological theories (...) as products of confabulatory post hoc rationalization. Through my discussion of Greene and Singer’s empirically informed debunking of deontology, I introduce the distinction between two different types of debunking arguments. The first type of debunking argument operates through regular undercutting defeat, whereas the second type relies on higher-order evidence. I argue that the latter type of debunking argument, of which the argument from confabulation is an example, is objectionably sloppy and therefore inadmissible in academic discussion. (shrink)

The fast recovery of Germany's economy after World War II—the so‐called “German miracle”—can be explained by the market‐oriented economic policies pursued in the 1950s, based upon the ideas of Ordoliberalism. The slounng growth rates and increasing economic difficulties since the 1970s seem to have resulted from the extension of interventionist and redistributionist policies beyond those sanctioned by Ordoliberalism. The roots of the German economic decline are political: already in the 1950s, a broad consensus existed about the need to integrate market‐oriented (...) economic policy with a highly redistributory welfare state in a “social market economy.”. (shrink)

Most of us are more or less dissatisfied with some aspect of our present self and want to change it to a better future self. This makes us divided beings. The beliefs, emotions, and motives of our present self prompt us to act in one way and our desired future and better self often prompts us to act in another way. This makes us ambivalent. One of the shibboleths of the present age is that the key to overcoming our ambivalence (...) is to cultivate autonomy. This Kantian ideal is defended, developed, and somewhat revised by Christine Korsgaard, who constructs an ideal theory of self-constitution. This theory is untenable. Its very nature makes it incapable of addressing the concrete problems ambivalence presents to us in our very different individual circumstances. It unreasonably claims that either we meet arbitrary, unrealistic, and mind-bogglingly complex requirements, or disqualify ourselves from being rational and moral agents. And it optimistically assumes that by becoming more autonomous, we become more rational and moral, rather than merely continue to act in the ways we have been acting before. The failure of this latest ideal theory does not show that there is something wrong with autonomy. It shows that the extravagant claims Korsgaard makes for autonomy are groundless. The way to cope with our ambivalence is not to follow a theory, but to think better and harder about what we – individuals in individual circumstances – are, and want to be. (shrink)

It is possible that the fame of the Texas Rose Rustlers Society has not yet reached readers of these words. They may want to know then that its members prize roses that survive unattended in the wilds of Texas, having eluded the benevolent attention of gardeners. These unattended roses are not too distantly related to the ‘unofficial English rose’ that the poet says ‘Unkempt about those hedges blows’ in the proximity of The Old Vicarage at Grantchester. As all respectable societies, (...) the Texas Rose Rustlers has by-laws stating the principles that unite its members. Here are some of them: there is more than one way of being beautiful; good climates are in the eye of the beholder; if you are attacked by disease, abandonment, or a bad chain of events, do not despair, there is always the chance that you were bred to be tough; and everyone should not smell the same. I mention these admirable principles because they offend profoundly against egalitarianism, which happens to be my target on this occasion. (shrink)

Organizations in competitive markets are often assumed to be voluntary associations, involving free exchange between various participants for mutual benefit. Just how voluntary or free organizational exchanges really are, however, is problematic. Even the criteria for determining whether specific transactions are free or coerced are not clear. In this paper, I review three general approaches to specifying such criteria: consequentialist, descriptive, and normative. I argue that the last is the most reasonable, that freedom is an essentially moral concept, whose meaning (...) is relative to preconceptions of human rights. Implications for freedom of contract are discussed.[O]n the whole, market competition, when it is permitted to work, protects the consumer better than do the alternative government mechanisms that have been increasingly superimposed on the market. ... If one storekeeper offers you goods of lower quality or of higher price than another, you're not going to continue to patronize his store. If he buys goods to sell that don't serve your needs, you're not going to buy them. The merchants therefore search out all over the world the products that might meet your needs and might appeal to you. And they stand back of them because if they don't, they're going to go out of business. When you enter a store, no one forces you to buy. You are free to do so or go elsewhere. That is the basic difference between the market and a political agency. You are free to choose (Friedman and Friedman, 1979, 222–223). (shrink)

Management of organizational tensions can facilitate the simultaneous advancement of economic, social, and environmental priorities. The approach is based on managers identifying and managing tensions between the three priorities, by employing one of the three strategic responses. Although recent work has provided a theoretical basis for such tension acknowledgment and management, there is a dearth of empirical studies. We interviewed 32 corporate sustainability managers across 25 forestry and wood-products organizations in Australia. Study participants were divided into two groups: those considered (...) effective at corporate sustainability and a status-quo group. Contrary to current theory, our findings showed that acknowledgment of organizational tensions was widespread in the Australian forestry and wood-products industry and not limited to those managers who are effective at managing corporate sustainability. What differed was the degree to which managers did something about the perceived tensions—with the effective group more consistently acting to manage and resolve paradoxical scenarios. Our findings suggest that existing theoretical constructs of tension management may not adequately capture the individual-level complexity involved with managing tensions in practice. (shrink)

The eighteenth-century Physiocrats are widely considered to be precursors to classical economics, the French ninteenth-century Economistes, and contemporary free-market economics. They advocated free trade against mercantilism, and natural law against despotism. Although the Physiocrats also contributed to Walras and modern economic engineering, they fit squarely within the French (and world) liberal tradition.

In the text “The Principles of a Liberal Social Order”, Friedrich A. von Hayek quotes from Chapter 57 of the Daoist classic Lǎozǐ 老子. Appearing in a text devoted primarily to the concept of “spontaneous order”, the quote opens up questions regarding the relationship between liberalism and Daoism, which I address in this essay. The discussion comprises three parts. In the first part, I turn to the translation cited by Hayek and, by way of a commentary to the translation, I (...) attempt to gain access to the motifs of “effortless action/without doing”, “self-transformation” and “self-government” ; the second part offers a hermeneutic commentary through which I discuss interpretative approaches found in the Chinese commentarial tradition; finally, the third part outlines transcultural correspondences which explore the political meaning of the Daoist “without doing” and the idea of “spontaneous order” in the context of the discursive struggle between the “democratic West” and “authoritarian China”. (shrink)

Robert Nozick addresses the idea of egalitarian redistribution in an argument standardly considered original: the “Wilt Chamberlain Argument”. However, this argument is found in David Hume's An Enquiry Concerning the Principles of Morals, first published in 1751. Placing this argument within a Humean and Hayekian, rather than a Lockean or Kantian, perspective radically changes its import for issues of economic justice. Rather than vindicating the radical individualism of Nozick and other libertarians, applied to our circumstances using Hume's conventionalist and evolutionary (...) account of justice, Hume's Wilt Chamberlain argument vindicates moderate redistribution constrained by the rule of general laws and the goal of fostering innovation and industriousness. (shrink)

This essay offers cautionary considerations on what has come to be called “public philosophy.” A conception of philosophy is set forth using Socrates as the paradigm of relentless philosophical questioning. The essay then outlines three types of public philosophy: a philosophy situated in a public setting, a philosophy whose content is modified for a varied public, and a philosophy that functions as normative consensus. The most important of these three is the philosophy modified for the public. The discussion notes examples (...) of public philosophy from the history of philosophy, and examines the contribution of eighteenth‐century philosophers (such as David Hume) to a version of public philosophy. The risks of public philosophy are noted—in particular, that a modified philosophy may substitute the inculcation of belief over the modeling of philosophy. The essay concludes by noting that the university classroom remains an important but forgotten venue of public philosophy. (shrink)

The coercive authority of the Kantian state is rationally grounded in the ideal of equal external freedom, which is realized when each individual can choose and act without being constrained by another's will. This ideal does not seem like it can justify state-mandated economic redistribution. For if one is externally free just as long as one can choose and act without being constrained by another, then only direct slavery, serfdom, or other systems of overt control seem to threaten external freedom. (...) Yet Kant endows the freedom-based state with considerable powers of economic redistribution. I argue that recent commentary has misunderstood both Kant's account of why poverty is a form of freedom-threatening dependence and the extent of the Kantian state's powers for remedying poverty. Criticizing Arthur Ripstein and the Kantianism of the “Toronto-School,” I argue that the most salient notion of dependence at issue within the Kantian framework is not the direct control of the choice-making capacities of another but asymmetrical influence in a power relationship. For Kant, poverty is fundamentally a problem of structural disempowerment. (shrink)

ABSTRACT:Lateral hiring is the intentional action of one employer to identify, solicit, and hire an individual or group of employees currently employed by another firm, a practice often pejoratively labeled “poaching.” We use the method of critical genealogy to demonstrate that the norms that discourage lateral hiring are constructions used by powerful employers to control the turnover of their employees, making them subjects of their employer’s power rather than free and autonomous people in their own right. We suggest instead that (...) ethical responsibility for entertaining or rejecting lateral hiring offers rests with the focal employee(s). We conclude that the form and symmetry of loyalty between employees and their current employers are the determinants of the appropriateness of an employee’s decision to entertain and accept outside offers. These conclusions imply responsibilities for employers to forge (and employees to honor) symmetrical relational loyalty in the workplace, but not for alternate employers to refrain from making lateral hiring offers. (shrink)

An influential strand in recent action-theory employs constitutivist arguments in order to present accounts of individual agency and practical identity. I argue for an extension of this framework into the interpersonal realm, and suggest using it to reassess issues in jurisprudence. A legal system is an instantiation of the solution to the inescapable tasks of self-constituting action and identity-formation in the presence of other agents. Law's validity and normativity can be enlightened when the constitutivist approach considers the external prerequisites of (...) individuals' self-conceptions qua agents. More specifically, this argumentative strategy allows a reassessment of Fuller's “internal morality of law.” Whereas, pace Fuller, morally substantive conclusions cannot be derived from formal criteria of legality, there are unconditional normative requirements that constrain law. (shrink)

Starting from MacIntyre’s virtue ethics, we investigate several codes of conduct of banks to identify the type of virtues that are needed to realize their mission. Based on this analysis, we define three core virtues: honesty, due care, and accuracy. We compare and contrast these codes of conduct with the actual behavior of banks that led to the credit crisis and find that in some cases banks did not behave according to the moral standards they set themselves. However, although banks (...) and the professionals working in them can be blamed for what they did, one should also acknowledge that the institutional context of the free market economy in which they operated made it difficult to live up to the core values lying at the basis of the codes of conduct. Given the neo-liberal free market system, innovative and risky strategies to enhance profits are considered desirable for the sake of shareholder’s interests. A return to the core virtues in the financial sector will therefore only succeed if a renewed sense of responsibility in the sector is supported by institutional changes that allow banks to put their mission into practice. (shrink)

Starting from MacIntyre’s virtue ethics, we investigate several codes of conduct of banks to identify the type of virtues that are needed to realize their mission. Based on this analysis, we define three core virtues: honesty, due care, and accuracy. We compare and contrast these codes of conduct with the actual behavior of banks that led to the credit crisis and find that in some cases banks did not behave according to the moral standards they set themselves. However, although banks (...) and the professionals working in them can be blamed for what they did, one should also acknowledge that the institutional context of the free market economy in which they operated made it difficult to live up to the core values lying at the basis of the codes of conduct. Given the neo-liberal free market system, innovative and risky strategies to enhance profits are considered desirable for the sake of shareholder’s interests. A return to the core virtues in the financial sector will therefore only succeed if a renewed sense of responsibility in the sector is supported by institutional changes that allow banks to put their mission into practice. (shrink)

For virtually all the major schools of Western opinion, the collapse of the Communist regimes in Eastern Europe and in the Soviet Union, between 1989 and 1991, represents a triumph of Western values, ideas, and institutions. If, for triumphal conservatives, the events of late 1989 encompassed an endorsement of “democratic capitalism” that augured “the end of history,” for liberal and social democrats they could be understood as the repudiation by the peoples of the former Soviet bloc of Marxism-Leninism in all (...) its varieties, and the reemergence of a humanist socialism that was free of Bolshevik deformation. The structure of political and economic institutions appropriate to the transition from post-Communism in the Soviet bloc to genuine civil society was, accordingly, modeled on Western exemplars—the example of Anglo-American democratic capitalism, of Swedish social democracy, or of the German social market economy— or on various modish Western academic conceptions, long abandoned in the Soviet and post-Soviet worlds, such as market socialism. No prominent school of thought in the West doubted that the dissolution of Communist power was part of a process of Westernization in which contemporary Western ideas and institutions could and would successfully be exported to the former Communist societies. None questioned the idea that, somewhere in the repertoire of Western theory and practice, there was a model for conducting the transition from the bankrupt institutions of socialist central planning, incorporated into the structure of a totalitarian state, to market institutions and a liberal democratic state. Least of all did anyone question the desirability, or the possibility, of reconstituting economic and political institutions on Western models, in most parts of the former Soviet bloc. (shrink)

The paper makes a twofold contribution. Firstly, it advances a preliminary account of the conditions that need to obtain for constitutional rights to be democratic. Secondly, in so doing, it defends precommitment-based theories from a criticism raised by Jeremy Waldron—namely, that constitutional rights do not become any more democratic when they are democratically adopted, for the people could adopt undemocratic policies without such policies becoming democratic as a result. The paper shows that the reductio applies to political rights, yet not (...) to non-political rights, such as reproductive, environmental, or privacy rights. The democratic status of the former is process-independent. The latter, by contrast, are democratic precisely when they are adopted by democratic means. (shrink)