Volume 11, Issue 1, March 2020, Page 101-113.

This article begins by assessing the ways in which the life and work of Neil MacCormick exemplified a dual commitment to the local and particular—especially through his advocacy of nationalism—and to the international and the universal. It then concentrates on one of the key tensions in his work which reflected that duality, namely the tension between his longstanding endorsement of constitutional pluralism—and so of the separate integrity of different “local” constitutional orders—and his belief in some kind of (...) unity, and so community, residing in the moral and rational properties of all law. The article continues by considering a number of ways in which this tension may be resolved. It concludes, with particular reference to MacCormick's late work on ethics, that the answer may be found through the idea of a general unity of practical reason which undergirds the various special orders of practical reason by which particular legal systems are distinguished. (shrink)

Political philosophy has difficulties to cope with the complexity and variety of state-religions relations. ‘Strict separationism’ is still the preferred option amongst liberals, deliberative and republican democrats, socialist and feminists. In this article, I develop a complex typology based on comparative history and sociology of religions. I summarize my reasons why institutional pluralist models like plural establishment or non-constitutional pluralism are attractive not only for religious minorities but for religiously deeply diverse societies in general. Most attention is paid (...) defending associative democracy, the most flexible and open variety of institutional pluralism, against realist objections that group representation is incompatible with liberal democracy, that it leads to stigmatization and bureaucratization, that it strengthens undemocratic leaders, that it leads to an ossification of the status quo, and, most importantly, that it is inherently divisive undermining social cohesion and political unity. In my refutation of these objections I try to show that it helps to integrate minority religions into liberal democratic policies compatible with reasonable pluralism and to prevent religious and political fundamentalism. (shrink)

In this article I show how the concept of intertextuality as developed by Mikhail Bakhtin, Julia Kristeva and Jacques Derrida can be applied to the political theory of constitutionalism. Such an approach carries with it the valuable democratic idea that all texts in society, including the political constitution, are in a dynamic relationship and reflect social pluralism. By analyzing and comparing intertextual theories, I develop the idea of the constitution as an open and emancipatory interpretative and textual category. I (...) show how intertextual theorizing contributes significantly to the democratization of a modern liberal constitutional order, offering distinct strategies for progressive political and social transformation. (shrink)

Liberalism and pluralism are seen as being in tension in liberal Western nation-states, while multiculturalism, as a policy of resource allocation to minority groups, has been the standard response to pluralization. This limits the pluralist potential of a constitutional liberalism. The fusion of a liberal theory of autonomous individuality with a pluralist theory of multiple belonging has to look beyond multicultural policy in order to enhance liberal commitments to citizens through pluralist provisions. An analysis of the Indian Constitution's (...) Fundamental Rights, as a normative document, shows that the citizen can be understood as an autonomous individual given identity through belonging to a plurality of groups. Consequently, rights are taken to accrue to all citizens equally as autonomous individuals, but also by virtue of their belonging to groups, with special provisions made available for vulnerable ones. Rights for a plurality of vulnerable groups should not be seen as illiberal additions but integral to the conception of liberalism. If such a view of citizenship were to be integrated into the liberal constitutions of irreversibly pluralizing Western democracies, then a pluralistic constitutional patriotism could be fostered amongst members of vulnerable groups, while demonstrating that standard liberal rights guarantee equal citizenship for all. (shrink)

ABSTRACT Because of the irresolvable disagreement between the Federalists and Anti-Federalists, the U.S. Constitution both embodies value pluralism and has encouraged it ever since its adoption. Rather than ignoring the nation-centered, dynamic ideas of the Federalists or the state-centered, static ideas of the Anti-Federalists, the Constitution incorporated both views, giving rise to plentiful opportunities for interpretive disagreements that have not, however, stood in the way of the interpreters’ shared commitment to the document itself. In this respect, the Constitution and (...) constitutional law model the politics of pluralism. (shrink)

New Constitutional Horizons is a solid and innovative contribution to a debate that has acquired a central position for decades in political and legal theory, but that nonetheless has left many uns...

The chances of the project of a “cosmopolitan order” being successful are not worse now than they were in 1945 or in 1989–1990. This does not mean that the chances are good, but we should not lose sight of the scale of things. The Kantian project first became part of the political agenda with the League of Nations, in other words after more than 200 years; and the idea of a cosmopolitan order first received a lasting embodiment with the foundation (...) of the United Nations (UN). This process points toward a continuation of the Kantian project. We can still take our cue from Kant's idea of a cosmopolitan condition if we simply construe it in sufficiently abstract terms. I wish to show first of all why I consider the Kantian alternative between a world of republic and a league of nations to be incomplete (section I) and will then go on to outline how we can reconceptualize the Kantian project under contemporary conditions (section II). And I shall close by addressing an actual challenge to which that project might well offer the most promising response (section III). (shrink)

Este artigo oferece um breve panorama da jurisprudência canadense desde a promulgação da Carta Canadense dos Direitos e Liberdades, em 1982. Ao mesmo tempo em que busca consolidar mais firmemente a liberdade religiosa, a Carta também tem colocado limites explícitos sobre o direito dessa mesma liberdade. Os Tribunais canadenses se mostram dispostos a intervir no funcionamento interno das instituições religiosas. A proteção legal foi ampliada no sentido de incluir não apenas as religiões não cristãs, mas também as crenças não religiosas (...) em geral. O efeito cumulativo dessas decisões tem corroído efetivamente a separação de fato entre a Igreja e o Estado que tem se desenvolvido no Canadá. O valor relativo a um crescente respeito ao pluralismo religioso é potencialmente compensado pelo aumento de intervenção judicial e pela imposição de valores seculares. Os tribunais têm definido "religião" e "pluralismo religioso" em termos cada vez mais seculares. Palavras-chave: Lei; Pluralismo Religioso; Tribunais Canadenses.This paper offers a brief overview of Canadian case law since the Canadian Charter of Rights and Freedoms was enacted in 1982. At the same time that it has more firmly entrenched religious freedom, the Charter has placed explicit limits on the right of religious freedom. Canadian courts have shown themselves willing to intervene in the internal workings of religious institutions. Legal protection has been extended to include not only non-Christian religions but also non-religious beliefs more generally. The cumulative effect of these decisions has been to effectively erode the de facto separation between Church and State that has developed in Canada. The value of increased respect for religious pluralism is potentially offset by increasing judicial intervention and by the correlated effective imposition of secular values. The courts have been defining "religion" and "religious pluralism" in increasingly secular terms. Keywords : law; Religious Pluralism; Canadian Courts. (shrink)

New Constitutional Horizons is a solid and innovative contribution to a debate that has acquired a central position for decades in political and legal theory, but that nonetheless has left many uns...

The chances of the project of a “cosmopolitan order” being successful are not worse now than they were in 1945 or in 1989–1990.This does not mean that the chances are good, but we should not lose sight of the scale of things. The Kantian project first became part of the political agenda with the League of Nations, in other words after more than 200 years; and the idea of a cosmopolitan order first received a lasting embodiment with the foundation of (...) the United Nations. This process points toward a continuation of the Kantian project. We can still take our cue from Kant’s idea of a cosmopolitan condition if we simply construe it in sufficiently abstract terms. I wish to show first of all why I consider the Kantian alternative between a world of republic and a league of nations to be incomplete and will then go on to outline how we can reconceptualize the Kantian project under contemporary conditions.And I shall close by addressing an actual challenge to which that project might well offer the most promising response. Due to the author was not reachable, this journal has composed thewith Editor-in-Chief’s instruction. (shrink)

This essay explores the ways in which a broadly pluralist outlook can help illuminate longstanding issues of constitutional theory and practice. It begins with a common-sense understanding of pluralism as the diversity of observed practices within a general category (section 2). It turns out that many assumptions Americans and others often make about constitutional essentials are valid only locally but not generically. The essay then turns to pluralism in a more technical and philosophical sense—specifically, the account (...) of value pluralism adumbrated by Isaiah Berlin and developed by his followers. Section 3 sketches this version of pluralism, and section 4 brings it to bear on a range of familiar constitutional issues. In the process, a distinction emerges between, on the one hand, areas of variation among constitutions and, on the other, some general truths about political life that define core constitutional functions. The essay concludes (section 5) with some brief reflections on the normative thrust of pluralist constitutional theory—in particular, a presumption in favor of the maximum accommodation of individual and group differences consistent with the maintenance of constitutional unity and civic order. (shrink)

The article examines recent theories of legal and constitutional pluralism, especially their adoption of sociological perspectives and criticisms of the concept of sovereignty. The author argues that John Griffiths's original dichotomy of “weak” and “strong” pluralism has to be reassessed because “weak” jurisprudential theories contain useful sociological analyses of the internal differentiation and operations of specific legal orders, their overlapping, parallel validity and collisions in global society. Using the sociological methodology of legal pluralism theories and critically (...) elaborating on Teubner's societal constitutionalism, the author subsequently reformulates the question of sovereignty as a sociological problem of complex power operations communicated through the constitutional state's organization and reconfigured within the global legal and political framework. (shrink)

The article presents the judgment of the German Federal Constitutional Court from 26 February 2020 on assisted suicide. The statements regarding human dignity, human rights and the relationship between citizens and the state are examined. Furthermore, the consequences resulting from this interpretation of human dignity for states that are pluralistic and based on human rights will be laid out. The court’s judgment limits the power of parliaments and poses a challenge to many laws in states that see themselves as (...) pluralistic, human rights-based states. There are no data in this work. (shrink)

Traditional inflationary approaches that specify the nature of truth are attractive in certain ways; yet, while many of these theories successfully explain why propositions in certain domains of discourse are true, they fail to adequately specify the nature of truth because they run up against counterexamples when attempting to generalize across all domains. One popular consequence is skepticism about the efficaciousness of inflationary approaches altogether. Yet, by recognizing that the failure to explain the truth of disparate propositions often stems from (...) inflationary approaches' allegiance to alethic monism, pluralist approaches are able to avoid this explanatory inadequacy and the resulting skepticism, though at the cost of inviting other conceptual difficulties. A novel approach, alethic functionalism, attempts to circumvent the problems faced by pluralist approaches while preserving their main insights. Unfortunately, it too generates additional problems---namely, with its suspect appropriation of the multiple realizability paradigm and its platitude-based strategy---that need to be dissolved before it can constitute an adequate inflationary approach to the nature of truth. (shrink)

In this paper epistemic pluralism concerning knowledge is taken to be the claim that very different facts may constitute knowledge. The paper argues for pluralism by arguing that very different facts can constitute the knowledge‐making links between beliefs and facts. If pluralism is right, we need not anxiously seek a unified account of the links between beliefs and facts that partly constitute knowledge in different cases of knowledge. The paper argues that no good reasons have been put (...) forward in favour of believing in a unified maker of knowledge. It then appeals to the role of knowledge in order to argue that we have positive reason to embrace pluralism. (shrink)

Ontological Pluralism is the thesis that there are different ways of being. In his recent paper, ‘The only way to be’, Trenton Merricks has presented an important challenge to Pluralism in the form of a dilemma. The purpose of this paper is two-fold. First, I argue that Merricks’s argument against Pluralism, as stated, is unsound. I will argue that one horn of the dilemma is unproblematic for contemporary versions of Pluralism, defended by Jason Turner and Kris (...) McDaniel, that are formulated in the framework of Ted Sider. However, my second task is to provide a new dilemma against Pluralism, which, when combined with Merricks’s arguments, constitutes a sound argument against all forms of Pluralism. The new dilemma will reveal that the real problem with Ontological Pluralism is its conflict with Ted Sider’s principle of Purity. (shrink)

I defend a radical interpretation of biological populations—what I call population pluralism—which holds that there are many ways that a particular grouping of individuals can be related such that the grouping satisfies the conditions necessary for those individuals to evolve together. More constraining accounts of biological populations face empirical counter-examples and conceptual difficulties. One of the most intuitive and frequently employed conditions, causal connectivity—itself beset with numerous difficulties—is best construed by considering the relevant causal relations as ‘thick’ causal concepts. (...) I argue that the fine-grained causal relations that could constitute membership in a biological population are huge in number and many are manifested by degree, and thus we can construe population membership as being defined by massively multidimensional constructs, the differences between which are largely arbitrary. I end by showing that positions in two recent debates in theoretical biology depend on a view of biological populations at odds with the pluralism defended here. 1 Introduction2 Biological Population, Broad and Narrow3 Difficulties with Narrow Biological Population Conditions3.1 Against the genealogical condition3.2 Against the conspecificity condition3.3 Against the proximity condition3.4 Against the typology condition4 Causal Connectivity5 Massively Multidimensional Population Constructs6 Population Uniqueness and Natural Selection6.1 Statisticalism and its discontents6.2 Price at what price?7 Conclusion. (shrink)

The paper examines the contours, features and developments of two faces of pluralism, as well as their interactions. First of all, based on the analysis of the pluralist theories, it underlines that pluralism is not perceived now only as a particular American school of thought, but mostly as a generic concept with meanings and connotations that vary from one epoch to another. Second of all, it scrutinizes the political pluralism in the United States, more exactly the relationship (...) between constitutional pluralism and party pluralism, as well as the pluralism of interest groups. The religious pluralism is seen both as denominational pluralism and as diversity of religious organizations. The paper shows that, in spite of the common ground in the constitutional provisions and much interference in their development, each of the two faces of pluralism has followed its own dynamics. Next, it focuses on the new religious pluralism, which has nourished controversies regarding its effects on democracy in America. Although prestigious scholars have warned that these new challenges face real perils, the author of this paper sides with those who see them less of a threat than an opportunity for democracy to develop new interactions and participative tools, without abandoning its principles and values. (shrink)

A global information ethics that seeks to avoid imperialistic homogenization must conjoin shared norms while simultaneously preserving the irreducible differences between cultures and peoples. I argue that a global information ethics may fulfill these requirements by taking up an ethical pluralism – specifically Aristotle’s pros hen [“towards one”] or “focal” equivocals. These ethical pluralisms figure centrally in both classical and contemporary Western ethics: they further offer important connections with the major Eastern ethical tradition of Confucian thought. Both traditions understand (...) ethical judgment to lead to and thus require ethical pluralism – i.e., an acceptance of more than one judgment regarding the interpretation and application of a shared ethical norm. Both traditions invoke notions of resonance and harmony to articulate pluralistic structures of connection alongside irreducible differences. Specific examples within Western computer and information ethics demonstrate these pluralisms in fact working in praxis. After reviewing further resonances and radical differences between Western and Eastern views, I then argue that emerging conceptions of privacy and data privacy protection laws in China, Hong Kong, Japan, and Thailand in fact constitute a robust, pros hen pluralism with Western conceptions. In both theory and in praxis, then, this pluralism thus fulfills the requirement for a global information ethics that holds shared norms alongside the irreducible differences between cultures and peoples. (shrink)

Value-pluralism is commonly held to support liberal political morality. This is argued by John Rawls and his school and, more instructively, by Isaiah Berlin and Joseph Raz. Against this common view it is argued that a strong version of value-pluralism and liberalism are incompatible doctrines. Some varieties of ethical pluralism are distinguished, and the claim of value-incommensurability made by strong pluralism is elucidated. The argument that liberal political morality consists of principles of right that are unaffected (...) by the truth of strong pluralism is examined and rejected. Strong pluralism is understood as the view that some goods and bads are rationally incommensurable. It is argued that if strong value-pluralism is true, then liberal political morality cannot be defended. Neither negative liberty nor individual autonomy can have general priority if it is true that the central goods specified by liberal political morality are incommensurables. This difficulty is not avoided by liberal theories that do not demand the maximization of a single value such as liberty. If strong pluralism is true, then liberal institutions are not a standard of legitimacy by reference to which all regimes are to be assessed. They are merely one variety of modus vivendi . Liberal institutions have no universal legitimacy. Yet liberal cultures are partly constituted by a belief in the universal authority of the principles which inform their practices and institutions. This belief strong pluralism subverts. Value-pluralism and liberalism are rival doctrines. The political implication of strong pluralism is not liberalism but modus vivendi . Sometimes modus vivendi is best fostered by liberal institutions. Sometimes it is best fostered by non-liberal institutions. Where the latter is true, liberals and pluralists part company. (shrink)

We are logical pluralists who hold that the right logic is dependent on the domain of investigation; different logics for different mathematical theories. The purpose of this article is to explore the ramifications for our pluralism concerning normativity. Is there any normative role for logic, once we give up its universality? We discuss Florian Steingerger’s “Frege and Carnap on the Normativity of Logic” as a source for possible types of normativity, and then turn to our own proposal, which postulates (...) that various logics are constitutive for thought within particular practices, but none are constitutive for thought as such. (shrink)

Legal scholars have been inspired by the dialogic approach and rallied around it as the solution to constitutional conflict in domestic constitutional orders and the transnational legal landscape. This paper aims to show that the gravitation towards judicial dialogue in contemporary constitutional theory misses the point, given the ambiguities surrounding it. My investigation reveals that the dialogic approach does not succeed in guiding the inter-departmental or inter-regime interactions in a way that no single power would exert unilateral (...) domination. The emergence of judicial supremacy in both national and transnational constitutional orders further suggests that underlying those ostensible examples of judicial dialogue is a transfigured conception of sovereignty. As it is the rise of judicial sovereignty that drives the move towards judicial dialogue in contemporary constitutional developments, I suggest that legal scholars shift focus of attention from the idea of dialogue to the enhanced judicial role in the new constitutional era. (shrink)

I defend a radical interpretation of biological populations—what I call population pluralism—which holds that there are many ways that a particular grouping of individuals can be related such that the grouping satisfies the conditions necessary for those individuals to evolve together. More constraining accounts of biological populations face empirical counter-examples and conceptual difficulties. One of the most intuitive and frequently employed conditions, causal connectivity—itself beset with numerous difficulties—is best construed by considering the relevant causal relations as ‘thick’ causal concepts. (...) I argue that the fine-grained causal relations that could constitute membership in a biological population are huge in number and many are manifested by degree, and thus we can construe population membership as being defined by massively multidimensional constructs, the differences between which are largely arbitrary. I end by showing that positions in two recent debates in theoretical biology depend on a view of biological populations at odds with the pluralism defended here. (shrink)

Throughout the medieval period law was seen as the product of social groups and associations that formed legal orders, as Max Weber elaborates, "either constituted in its membership by such objective characteristics of birth, political, ethnic, or religious denomination, mode of life or occupation, or arose through the process of explicit fraternization." During the second half of the Middle Ages, roughly the tenth through fifteenth centuries, there were "several distinct types of law, sometimes competing, occasionally overlapping, invariably invoking different traditions, (...) jurisdictions and modes of operation." Types of law included imperial and royal edicts and statutes, canon law, unwritten customary law of tribes and localities, written Germanic law, residual Roman law, municipal statutes, the law of merchants and of guilds, and in England the common law, on the continent the Roman law of jurists after the twelfth century revival of the Justinian Code. The types of courts included various imperial and royal courts, ecclesiastical courts, manorial or seigniorial courts, village courts, municipal courts in cities, merchant courts, and guild courts. Serving as judges in these courts, respectively, were kings or their appointees, Bishops and abbots, barons or lords of the manor or their appointees, local lay leaders, leading burghers, merchants, and members of the guild. These various positions were not wholly separate-many high government officials were in religious orders, while Churches held landed estates that came with local judicial responsibilities. "Bishops, abbots and prioresses, as lords of temporal possessions, controlled manorial or honorial courts at which they sometimes, though not generally, presided in person, exercising responsibility for criminal and customary law." "The result was the existence of numerous law communities," Weber wrote, "the autonomous jurisdictions of which overlapped, the compulsory, political association being only one such autonomous jurisdiction in so far as it existed at all." Jurisdictional rules for judicial tribunals and the laws to be applied related to the persons involved and the subject matter at issue. The personality principle linked law to a person's community or association, and under feudalism property ownership came wrapped together with the right to judge those tied to the property. "Demarcation disputes between these laws and courts were numerous." Jurisdictional conflicts arose especially in relation to ecclesiastical courts, which claimed broad jurisdiction over personal status laws (marriage, divorce, inheritance) and moral crimes, as well as church property and personnel, matters which regularly overlapped with the jurisdiction of other courts. Furthermore, different bodies of law could be applicable in a given court in a given case. "It was common to find many different codes of customary law in force in the same kingdom, town or village, even in the same house, if the ninth century bishop Agobard of Lyons is to be believed when he says, 'It often happened that five mem were present or sitting together, and not one of them had the same law as another.'" In long settled areas, the personal law of communities became local customary law. People living within cities were subject to municipal statutes and customary law on certain matters (penal law, procedural), and the community law to which they were attached. (shrink)

We are logical pluralists who hold that the right logic is dependent on the domain of investigation; different logics for different mathematical theories. The purpose of this article is to explore the ramifications for our pluralism concerning normativity. Is there any normative role for logic, once we give up its universality? We discuss Florian Steingerger’s “Frege and Carnap on the Normativity of Logic” as a source for possible types of normativity, and then turn to our own proposal, which postulates (...) that various logics are constitutive for thought within particular practices, but none are constitutive for thought as such. (shrink)

In his lectures on pragmatism, William James famously proposed that the question of ‘the one and the many’ constitutes the most central of all philosophic problems, and that it is ‘central because so pregnant’. Prompted by James’ proposition, this article explores the intimately political connection in James’ thought between his pluralistic metaphysics and the nature of the problematic as a generative force that impregnates worlds and thoughts with differences: what I here call ‘the pluralistic problematic’. Exploring the generative significance of (...) the problematic in James’ philosophy, I propose that, where James is concerned, the pluriverse has a thoroughly problematic mode of existence. And pluralism, rather than a celebration of the many, rather than a philosophical exposition on multiple worlds and ontologies, or a theory of the organisation of a diverse polis, is first and foremost a pragmatics of the pluriverse – a political, experimental and pragmatic response to the ongoing insistence of the pluralistic problematic. (shrink)

A difficulty for alethic pluralism has been the idea that semantic evaluation of conjunctions whose conjuncts come from discourses with distinct truth properties requires a third notion of truth which applies to both of the original discourses. But this line of reasoning does not entail that there exists a single generic truth property that applies to all statements and all discourses, unless it is supplemented with additional, controversial, premises. So the problem of mixed conjunctions, while highlighting other aspects of (...) alethic pluralism worth investigating further, does not constitute an effective objection to it. (shrink)

In the New Mechanist literature, most attention has focused on the compositional explanation of processes/activities of wholes by processes/activities of their parts. These are sometimes called “constitutive mechanistic explanations.” In this paper, we defend moving beyond this focus to a Pluralism about compositional explanation by highlighting two additional species of such explanations. We illuminate both Analytic compositional explanations that explain a whole using a compositional relation to its parts, and also Standing compositional explanations that explain a property of a (...) whole using a compositional relation to the properties of its parts. We also highlight how adopting a Pluralism about compositional explanations justifies a more Pluralist view of the ontological posits of such explanations and opens up a range of new research questions. (shrink)

Recent work on essence describes essence as assimilated to definition. It also posits a plurality of kinds of essence.Howdoes assimilation relate to pluralism? According to one view, a kind of essence is adequate only if it is definitional: something is essential to an item, in the relevant sense, only if it is part of what it is to be that item. In this paper, I argue that assimilation and pluralism are in tension with respect to consequentialist essence. This (...) is problematic given that, as a methodological prescription, some philosophers advise us to work with consequentialist essence. In this paper, I develop a theory of constitutive essence and use it to resolve the problem by defining an adequate notion of consequentialist essence that preserves the methodological prescription. (shrink)

All democratic constitutions feature "the people" as their author and ultimate source of legitimacy. They claim to embody the political form that citizens are in some sense supposed to have given themselves. But in what sense, exactly? When does a constitution really or genuinely speak for the people? Such questions are especially pertinent to our present condition, where the voice of "the people" turns out to be irrevocably fragmented, and people themselves want to speak and be heard in their own (...) voices. _Founding Acts_ explores the relationship between constitutional claims of popular sovereignty and the practice of constitution-making in our pluralistic age. Serdar Tekin argues that the process of making a constitution, or its pedigree, is as morally and politically significant as its content. Consequently, democratic constitution-making is not only about making a democratic constitution but also about making it, as much as possible, democratically. Tekin develops two overarching arguments in support of this claim. First, citizen participation in the process of constitution-making is essential to the democratic legitimacy of a new constitution. Second, collective action, that is, the political experience of constructing public life together, is what binds diverse people into a democratic peoplehood. Bringing into dialogue a wide range of canonical and contemporary thinkers, Tekin examines historical realities extending from revolutionary America and France to contemporary South Africa and Germany. (shrink)

This article presents a normative‐theoretical account of democratic legitimacy that meets the challenge of moral and cultural pluralism in a way that takes the avoidance of oppression and violence to be a fundamental imperative. The discourse‐theoretical perspective of jürgen Habermas reveals that reasoned agreement among citizens is the only alternative to political oppression. Pace Habermas, however, the legitimacy of even basic constitutional principles does not require us to agree with one another for the same reasons. While we can (...) affirm such principles for a wide range of different reasons, the process of achieving reasoned agreements on contentious issues draws us together as citizens in loyalty to a particular, historical set of political institutions. The reasoned commitment to our constitution that we come to share in this ongoing process acts as an identity‐forming bond that allows us to live in peace with deep moral and cultural differences. (shrink)

Abstractabstract:This paper revisits debates on a tension in Cassirer's philosophy of culture. On the one hand, Cassirer describes a plurality of symbolic forms and claims that each needs to be assessed by its own internal standards of validity. On the other hand, he ranks the symbolic forms in terms of a developmental hierarchy and states that one form, mathematical natural science, constitutes the highest achievement of culture. In my paper, I do not seek to resolve this tension. Rather, I aim (...) to arrive at a better understanding of how it arises, and of the different options that it presents for understanding the development of culture. I discuss three recent attempts at resolving the tension, put forward by Sebastian Luft, Samatha Matherne, and Simon Truwant, respectively. Based on a reconstruction of Cassirer's system of symbolic forms that centralizes the concept of function, I show that the most promising of these attempts, formulated by Truwant, is not successful. I then turn to Cassirer's philosophy of the cultural sciences, the implications of which for the present problem have not yet been sufficiently explored. I argue that in this context, Cassirer develops the contours of an alternative to the function-based view of cultural development. I conclude that this alternative does not resolve the tension either, but that it allows for a reconceptualization of the teleology of culture as open. (shrink)

lt is a commonplace that law and morality intersect and interpenetrate in all the areas of legal decision-making; that in order to make sense of constitutional, statutory or common-law questions, judges and other legal decision-makers must first resolve certain philosophical issues which include moral judgments of right and wrang_ This is particularly evident with regard to constitutional interpretation, especially when constitutions give a mandate for the protection of the substantive norms and values entrenched as constitutional rights. In (...) these Situations, as a leading contemporary legal philosopher observed, the "Constitution fuses legal and moral issues, by making the validity of a law depend on an answer to complex moral 1 problems". But the need for substantive value elucidation is not confined, of course, only to constitutional interpretation under Bills of Rights. This, however, immediately raises a dilemma stemming from the moral diversity and pluralism of modern liberal societies. How can law remain sensitive to this pluralism and yet provide clear answers to the problems which call for a legal resolution? Sharply conflicting values in modern societies clash in the debates over the death penalty, abortion, homosexuality, separation of state and religion, the scope of the freedom of the press, or affirmative action. lt would often be difficult to discern a broader consensus within which these clashes of values operate, unless this consensus were described in such vague terms as to render it practically meaningless. (shrink)

ABSTRACTThe main question addressed in this paper is whether conflict is constitutive of the nature of value commitment, and hence necessarily implied by value pluralism. If this is the case, no resolution of value disagreements, whether on the global level or within modern multicultural societies, is possible via practical reasons, and the only solutions to inner or outer conflicts will be “political”, in the sense of a Realpolitik. Positive and negative answers to the main question are shown to express (...) two intellectual and moral attitudes opposing each other as Gorgias and Socrates, or Rhetoric and Philosophy did in the Ancient World. In post-Nietzschean Modernity, however, most philosophers seem to take sides with Gorgias, against Socrates, as is shown on the basis of Ronald Dworkin’s solitary campaign against the many faces of value scepticism. Drawing on phenomenological axiology, this paper takes sides with Socrates by reconciling value pluralism and universalism. (shrink)

In this paper, I attempt to revamp Confucian democracy, which is originally presented as the communitarian corrective and cultural alternative to Western liberal democracy, into a robust democratic political theory and practice that is plausible in the societal context of pluralism. In order to do so, I first investigate the core tenets of value pluralism with reference to William Galston’s political theory, which gives full attention to the intrinsic value of diversity and human plurality particularly in the modern (...) democratic context. I then construct a political theory of Confucian pluralist democracy by critically engaging with two dominant versions of Confucian democracy—Confucian communitarian democracy and Confucian meritocratic democracy. My key argument is threefold: (1) the unity in Confucian democracy should be interpreted not as moral unity but as constitutional unity; (2) Confucian virtues should be differentiated (or pluralized) between moral virtues and civic virtues; (3) in Confucian democracy minorities have the constitutional right to contest public norms in civil society. (shrink)

The issue of religious tolerance is increasingly raised in a globalized world with societies becoming more and more religiously diverse and inhomogeneous. Religious tolerance can be defined as the practice of accepting others as acting in accordance with their religious belief system. Philosophers have recently begun to study more thoroughly the relationship between religious pluralism and religious (in)tolerance with a main focus on the epistemic question of whether the recognition of and reflection on religious pluralism might lead to (...) greater religious tolerance. The major thrust of this idea is that any genuine reflection of a person about her epistemic peers adhering to other religions will weaken the person’s epistemic justificatory basis for believing that her own religious beliefs are better warranted than the religious beliefs of her peers. The rational consequence of the recognition of this justificatory fact, in turn, should lead to more religious tolerance and to a weakened dismissive attitude towards adherents of other religions. The main aim of this paper is to investigate the plausibility of this account against the background of existing empirical, in particular psychological literature: Does increased contact with adherents of other religious traditions indeed lead to more tolerance? How are we able to show a deeper understanding for people with different religious beliefs and to take on—at least partially—their perspective? What are potential psychological obstacles to these achievements? Resources from research on intergroup toleration, social identity-theories, developmental psychology and personality traits will be used for tackling these questions. This shall help to broaden the so far rather narrow epistemic philosophical perspective on religious pluralism and (in)tolerance by embedding it into the larger context of constitutive traits of the human psyche. (shrink)

In this paper, I delineate one tradition of contemporary political thought that has emerged within the more general climate of difference and diversity. This is ‘agonistic pluralism’. The paper evaluates the recent work of three authors, who exemplify this strand of political thinking; William Connolly, Chantal Mouffe, and James Tully. Over the past decade, each of these three has developed the notion of agonistic pluralism. The task here is to examine points of comparison between them. I compare the (...) three authors' conceptions of politics and of the dimension of the political. I make the case that their work complements one another, they each endorse broad notions of the political; and they understand politics to be constitutive of social relations. Nevertheless, the forms of politics that they describe differ from one another. It is my contention that these forms of politics are interdependent and mutually reinforcing. However, I maintain that in order for their work to be understood in this way, the political practices described by Connolly and Tully — struggles for self-making and for recognition respectively — must be re-figured as forms of sub-constitutional politics. These forms of politics will make up necessary elements of a viable pluralist society, but they are played out within multiple public spheres made possible by — what we might call — the quasi-republican political constitution elaborated by Mouffe. (shrink)

From the viewpoint of the constitutional crisis in Europe, slow UN reforms, difficulties implementing the Kyoto Protocol and the International Criminal Court, and tensions between human rights and trade, Mireille Delmas-Marty's 'journey through the legal landscape' of the early years of the 21st century shows it to be dominated by imprecision, uncertainty and instability. The early 21st century appears to be the era of great disorder: in the silence of the market and the fracas of arms, a world overly (...) fragmented by anarchical globalisation is being unified too quickly through hegemonic integration. How, she asks, can we move beyond the relative and the universal to build order without imposing it, to accept pluralism without giving up on a common law? Neither utopian fusion nor illusory autonomy, Ordering Pluralism is her answer: both an epistemological revolution and an art, it means creating a common legal area by progressive adjustments that preserve diversity. Since an immutable world order is impossible, the imaginative forces of law must be called upon to invent a flexible process of harmonisation that leaves room for believing we can agree on - and protect - common values. 'The book is timely and relevant to the practical concerns of those who work with, and within, the legal system. We must thank Professor Delmas-Marty for her fine work.' From the foreword, Stephen Breyer, Washington, DC. (shrink)

We have met in this conference to discuss “critical pluralism.” It will be a conference or discussion if the participants present different conceptions of critical pluralism based on different conceptions of criticism. Pluralism will enter the discussion in two ways: in the plurality of statements, which will be easy to recognize, and in the plurality or identity of what the statements are about, which will be problematic. There are three possible conclusions to which the discussion may lead. (...) Some of the participants may argue that only one of the opposed statements is about criticism and that the others may be about the work, but do not treat it as a literary work; these participants may so deny the possibility of critical pluralism. Some may present different modes of critical interpretation of a literary work and argue that they are different interpretations of the same work; these participants may recognize no need to differentiate different aspects in the work to which they interpretations are relevant. Finally, some may argue that the different modes of criticism apply to different aspects of the work which should be named differently and be treated by different methods, and which should be considered distinct objects of interpretation.The variety of critical methods and the variety of objects to which those methods can be applied are apparent when the reflexive relations between the pluralism of the interpretation of books and the pluralism of the circumstances and the matters that condition and constitute books are examined in a paradigm of possible forms and matters related to each other paradoxically. Many of the recurrent pairs of terms joined and differentiated in the literature of criticism are related paradoxically. Richard McKeon was the editor of The Basic Works of Aristotle, coeditor of Peter Abailard, Sic et Non: A Critical Edition, and author of Thought, Action, and Passion. His previous contributions to Critical Inquiry are “Arts of Invention and Arts of Memory: Creation and Criticism” , “Canonic Books and Prohibited Books: Orthodoxy and Heresy in Religion and Culture” , and “Pride and Prejudice: Thought, Character, Argument, and Plot”. (shrink)