Eristic has been studied more and more intensively in recent years in philosophy, law, communication theory, logic, proof theory, and A.I. Nevertheless, the modern origins of eristic, which almost all current researchers see in the philosopher Arthur Schopenhauer, are considered to be a theory of the illegitimate use of logical and rhetorical devices. Thus, eristic seems to violate the norms of discourse ethics. In this paper, I argue that this interpretation of eristic is based on prejudices that contradict (...) the original intention of modern eristic. Eristic is not an art of being right or winning an argument, but an art of protecting oneself from the one who deliberately violates norms of discourse ethics to gain argumentative acceptance. For this reason, eristic must be seen as a discipline of Enlightenment philosophy and a correlate of discourse ethics. Especially in the age of alternative facts and post-factual politics, this makes eristic a valuable discipline. (shrink)

This paper addresses the question of what discourse ethics might have to contribute to increasingly urgent issues in intergenerational justice. Discourse ethics and deliberative democracy are often accused of neglecting the issue, or, even worse, of an inherently presentist bias that disregards future generations. The few forays into the topic mostly seek to extend to future people the “all affected principle” according to which only those norms are just to which all affected can rationally consent. However, (...) this strategy conflicts with core commitments of discursive ethics, as it renders agreement hypothetical and discursive participation virtual. I will attempt a supplementary route toward a connection between discourse ethics and intergenerational justice. Discourse ethics must be concerned, in what Habermas calls the symbolic reproduction of the lifeworld, with the emergence of rational minds capable of assessing reasons for proposed norms and policies, and such emergence is an intrinsically intergenerational affair. Symbolic reproduction links overlapping and non-overlapping generations in what has been elaborated as a chain-of-concern model, which I show to be linked to forms of indirect reciprocity among more than two parties. I conclude by discussing some consequences of this model for the all affected principle when viewed as specifically applied to future generations. (shrink)

ABSTRACT:Based on theoretical insights of discourse ethics as developed by Jürgen Habermas, we delineate a proposal to further develop the institutionalization of social accounting in multinational corporations (MNCs) by means of “Social Accountability 8000” (SA 8000). First, we discuss the cornerstones of Habermas's discourse ethics and elucidate how and why this concept can provide a theoretical justification of the moral point of view in MNCs. Second, the basic conception, main purpose, and implementation procedure of SA 8000 (...) are presented. Third, we critically examine SA 8000 from a Habermasian perspective, and discuss advantages and drawbacks of the initiative. Fourth, to address the drawbacks, we introduce a “discourse-ethically” extended version of SA 8000. We show that this approach is theoretically well-founded and able to overcome some of the current deficits of the certification initiative. We demonstrate that the extended version of SA 8000 can be successfully applied on a cross-cultural basis, and that our findings have significant implications for other international ethics initiatives. (shrink)

ABSTRACT:Based on theoretical insights of discourse ethics as developed by Jürgen Habermas, we delineate a proposal to further develop the institutionalization of social accounting in multinational corporations (MNCs) by means of “Social Accountability 8000” (SA 8000). First, we discuss the cornerstones of Habermas's discourse ethics and elucidate how and why this concept can provide a theoretical justification of the moral point of view in MNCs. Second, the basic conception, main purpose, and implementation procedure of SA 8000 (...) are presented. Third, we critically examine SA 8000 from a Habermasian perspective, and discuss advantages and drawbacks of the initiative. Fourth, to address the drawbacks, we introduce a “discourse-ethically” extended version of SA 8000. We show that this approach is theoretically well-founded and able to overcome some of the current deficits of the certification initiative. We demonstrate that the extended version of SA 8000 can be successfully applied on a cross-cultural basis, and that our findings have significant implications for other international ethics initiatives. (shrink)

_Purpose._ The authors of this paper seek to comprehend, on the basis of ethics of discourse and communicative philosophy, the dimensions of human existence in times of war. This involves solving the following research tasks: to show the importance of moral and ethical norms in the structure of human existence and to emphasize the need for their observance by a person in the realities of war; to find out what the role of responsibility and co-responsibility is in preserving (...) the space of human existence in times of war; to explore the influence of discourse on the establishment of rational and social dimensions of human existence, formation of communicative space of understanding. _Theoretical basis._ The ideas of communicative philosophy and principles of discourse ethics, focused on the problems of substantiating ethical norms and values in their relationship with the human life world, and its activities are underlying the research. The analysis of human existence in times of war was carried out considering the theoretical and methodological foundations of philosophical anthropology. _Originality._ It is substantiated that the recognition of the universality of moral norms and values, and the productive power of communication contribute to deepening the understanding of the complexity and versatility of human existence in times of war. It has been determined that human existence’s rational and moral dimensions acquire particular significance in the context of russian aggression against Ukraine. The role of discourse was defined for affirming the humanistic foundations of human existence, in achieving cohesion, interaction, social solidarity, which is a condition for human development as a collective and unique being. It is noted that in war conditions the value of individual forms of human existence is complemented by the obligatory responsibility and co-responsibility for a person, awareness of the significance of coexistence in a situation where there is a threat to human life. _Conclusions._ The study of human existence involves the use of the methodological potential of discourse ethics, the significance of the ideas of which is increasing in the modern world because of the dangers caused by russian aggression against Ukraine. The recognition of the power of universal moral norms and the productive power of communication results in the affirmation of the humanistic foundations of human existence, the formation of the communicative space of understanding and consent necessary for a person. In times of war, the need for communicative rationalization of human existence, awareness of the value of morality and human humanity becomes obvious. (shrink)

Attempts to employ discourse ethics for assessing communication and information technologies have tended to focus on managerial and policy-oriented contexts. These initiatives presuppose institutional resources for organizing sophisticated consultation processes that elicit stakeholder input. Drawing on Jürgen Habermas’s discourse ethics, this paper supplements those initiatives by developing a more widely usable framework for moral inquiry and reflection on problematic cyberpractices. Given the highly idealized character of discourse ethics, a usable framework must answer two questions: (...) How should those who lack organizational power conduct their moral inquiry under non-ideal conditions of discourse? How ought they to understand the moral force of the judgments they reach under such conditions? In response, I develop the heuristic implications of Habermas’s principle of universalization. To render that principle usable for non-ideal discourse, I propose a modification that yields a scalar measure of “dialogically robust” judgments that are responsive to the actual state of discussion. To illustrate the use of these principles, I sketch two case studies, which examine the moral acceptability of violent video gaming and government cyber-surveillance. (shrink)

This paper will begin with an explication of the central tenets of Nussbaum’s capabilities theory. The next section examines Nussbaum’s two-fold justification of capabilities; namely, the substantive good approach (or intuitionism), which serves as the primary justification, and a version of Kantian proceduralism, which provides ancillary support. The following section focuses on Jaggar’s critique of Nussbaum. Here, I will discuss three criteria of adequacy for a global ethic and their importance, why we should accept them and how both of Nussbaum’s (...) justification strategies fail to satisfy them. In the fifth section, I propose a version of discourse ethics as an alternative justification for capabilities that can satisfy the adequacy discerned from Jaggar’s critique. This account of discourse ethics reveals that intersubjective dialogue under certain conditions is more likely to provide adequate justification of capabilities, and those engaged in dialogue are also likely to develop practical reason and affiliation. So this method of justification does not merely ground the capabilities, but helps people realize them. Finally, the sixth section presents an example from the Self-Employed Women’s Association as a real-life case illustrating how this version of discourse ethics can be manifested. (shrink)

This paper is an exploration of Habermas’ critical reconstructions of the problematic of rationality via critical theory’s critique of instrumental reason. It brings together several key ideas ranging from the dialectic of instrumental reason and how it leads to epistemological dissonance to the discursive redemption of the normativity of reason. It sketches, as a concluding reflection, whether or not his ideas may be situated within the larger methodological trajectory of Philippine social science research. The paper thus considers the concepts of (...) discourse, discourse ethics and normative validity as crucially important. (shrink)

In this article I argue that the conception of discourse ethics that Jürgen Habermas advances in his seminar paper, ‘Discourse Ethics: Notes on a Program of Philosophical Justification’, is subject to significant revision in later work. The central difference has to do with the status of the universalization principle and its relationship to the ‘rightness’ validity claim. The earlier view is structured by a desire to provide a weak-transcendental defense of the universalization principle. The later revision, (...) however, essentially undercuts the basis of this argument, because it severs the conception of practical discourse from the analysis of speech acts. As a way of responding to the difficulties this creates, I propose a ‘reboot’ of the discourse ethics program. This involves reverting to the earlier, more Durkheimian and less Kantian, formulation of the theory. The result is a program that is no longer encumbered by sterile debates about the correct formulation of the universalization principle, but can plausibly claim to provide insight into the role that language-dependence plays in the development and entrenchment of increasingly pro-social behavior patterns within our institutions. (shrink)

This article explores the contribution of Jürgen Habermas’ discourse theory of morality, politics, and law to theorizing educational justice. First, it analyzes Christopher Martin’s discourse-ethical argument that the development of citizens’ discursive agency is required on epistemic grounds. The article criticizes this argument and claims that the moral importance of developing discursive agency should be justified instead on the basis of moral grounds. Second, the article examines Harvey Siegel’s critique of Habermas’ moral epistemology and suggests that Siegel neglects (...) that the epistemic justification of moral claims proceeds differently from the epistemic justification of assertoric claims. Finally, the article presents a discourse-theoretic conception of educational justice that defends the importance of discursively justifying norms of educational justice through properly arranged structures of justification. (shrink)

This article examines two recent alternatives to the traditional conception of human rights as natural rights: the account of human rights found in discourse ethics and the ‘political conception’ of human rights influenced by the work of Rawls. I argue that both accounts have distinct merits and that they are not as opposed to one another as is sometimes supposed. At the same time, the discourse ethics account must confront a deep ambiguity in its own approach: (...) are rights derived in a strong sense from the conditions of ‘communicative freedom’ or are they developed from the participants’ own reflection upon their ongoing and continuously changing practices and institutions? The political conception recently proposed by Joshua Cohen can, I argue, contribute to the resolution of this ambiguity, though not without some modifications of its own. Keywords: human rights; discourse ethics; The ‘political conception’ of rights; Seyla Benhabib; John Rawls; Rainer Forst; Michael Ignatieff; Thomas Pogge; Joshua Cohen (Published: 10 March 2009) Citation: Ethics & Global Politics. DOI: 10.3402/egp.v2i1.1938. (shrink)

ABSTRACT: In this paper, I raise the following question: can the ethical thought of Jurgen Habermas and Karl-Otto Apel provide us with a way of showing that morality is a rational requirement? The answer I give is that it cannot. I argue for this claim by showing that a decisive objection to Alan Gewirth’s line of thought in Reason and Morality also applies to discourse ethical arguments that try to show an inescapable commitment to a moral principle. RÉSUMÉ: La (...) pensée ethique de Jurgen Habermas et Karl-Otto Apel peut-elle nous fournir une façon de montrer que la moralité répond à un besoin rationnel? Ma réponse, malheureusement, est que non, elle ne le peut pas. Je défends cet argument en montrant qu’une objection décisive à ce courant de pensée, tel qu’il est présenté par Alan Gerwirth Raison et Moralité, s’applique aussi aux arguments ethiques qui essaient de prouver leur lien incontournable avec un principe moral. (shrink)

The question this paper examines is whether or not discourse ethics is an environmentally attractive moral theory. The answer reached is: no. For firstly, nature has nothing to gain from the discourse ethical shift from mono-logical moral reflection to discourse, as nature cannot partake in discourse. And secondly, nature (even sentient animal nature) has no socio-personal integrity, which, according to discourse ethics, it is the function of morality to protect. Discourse ethics (...) is a thoroughly anthropocentric moral theory. (shrink)

This article argues that an ethic applying the technology assessment (TA)-method is only feasible as a risk ethic, since the consequences of technical action are ambivalent and uncertain. It first distinguishes possible strategies of justification for a risk ethic, that is (a) deontological, (b) teleological and (c) procedural approaches. On the basis of the critique of both (a) and (b), a central problem for the integration of discourse ethics in the TA-method is highlighted by reverting to a game (...) theory modeling: As it turns out, mechanisms of self-selection undermine the representativity of discourses and thus its legitimation. In view of this dilemma, the article pledges for a complementary approach selectively integrating (a)-(c) into a “provisional moral”. (shrink)

The reconstructive theory of the procedural legitimacy of modern law developed on the basis of the theory of discourse ethics has limited itself solely to the deontological, moral‐normative aspects of the validity claims of legal norms and judgments. However, teleological and axiological aspects are also intertwined with legal validity claims and with the procedures in which legal norms and judgments are produced. The discursive‐procedural concept of legitimacy seems to require as its support, instead of the theory of (...) class='Hi'>discourse ethics, a general theory of practical discourses or, more generally, of rational collective will‐formation. (shrink)

Population genomics seeks to better understand genomic diversity and variation at the level of populations. Numerous ethical questions are raised by large studies of human genomic diversity. First, at the level of ethical means, the confidentiality of the genetic data obtained and its handing are challenging. Second, at the more fundamental level of ethical goals or ends, we find questions concerning the meaning and the interpretation of genetic knowledge. What shall we do with this knowledge? Who will decide research orientation (...) and priorities? Ethical questions raised by population genomics imply those of “classical genomics,” but they have the additional ethical complexity of research done on populations. How should we take this particular aspect into account? (shrink)

Discourse ethics represents an exciting new development in neo-Kantian moral theory. William Rehg offers an insightful introduction to its complex theorization by its major proponent, Jürgen Habermas, and demonstrates how discourse ethics allows one to overcome the principal criticisms that have been leveled against neo-Kantianism. Addressing both "commun-itarian" critics who argue that universalist conceptions of justice sever moral deliberation from community traditions, and feminist advocates of the "ethics of care" who stress the moral significance of (...) caring for other individuals, Rehg shows that discourse ethics combines impartiality with solidarity. He provides the first systematic reconstruction of Habermas's theory and explores its relationship to the work of such contemporary philosophers as Charles Taylor. His book articulates a bold alternative to the split between the "right" and the "good" in moral theory and will greatly interest philosophers, social and legal scholars, and political theorists. (shrink)

Until recently, businesses and corporations could argue that their only real commitments were to maximise the return to their shareholders whilst staying within the law. However, the world has changed significantly during the last ten years and now most major corporations recognise that they have significant responsibility to local and global societies beyond simply making profit. This means that there is now an increasing concern with the question of how corporations, and their employees, ought to behave, and this leads us (...) to consider ethics as the appropriate theoretical and philosophical domain.I will bring into the debate two relatively recent approaches to ethics: Jürgen Habermas's discourse ethics ; and the critical realist approach of Roy Bhaskar. These are interesting for several reasons: they both draw on traditional ethical theories, although different ones; they bring in innovations of practical relevance; and they both share an over-arching critical perspective. After a critical introduction to both ethical theories, their similarities and differences are explored. The article ends by considering the extent to which they may be practically useful within business. (shrink)

Population genomics seeks to better understand genomic diversity and variation at the level of populations. Numerous ethical questions are raised by large studies of human genomic diversity. First, at the level of ethical means, the confidentiality of the genetic data obtained and its handing are challenging. Second, at the more fundamental level of ethical goals or ends, we find questions concerning the meaning and the interpretation of genetic knowledge. What shall we do with this knowledge? Who will decide research orientation (...) and priorities? Ethical questions raised by population genomics imply those of “classical genomics,” but they have the additional ethical complexity of research done on populations. How should we take this particular aspect into account? (shrink)

This essay combines information on the recent ISUD Sixth World Congress Humanity at the Turning Point: Rethinking Nature, Culture, and Freedom and some reflections inspired by presentations and discussions at the congress. It is focused on the presentation of one of the keynote speakers, Karl-Otto Apel, entitled “Discourse Ethics, Democracy, and International Law: Toward a Globalization of Practical Reason”. Apel argued that the transcendental-pragmatic foundation of morality serves as the ultimate basis for the universal conception of law, e.g., (...) of human rights. It establishes the transcendental basis of the idea of democracy, and at the same time establishes a regulative principle for a possible critique of the democratic states. Apel discussed the question of a political order of law able to represent the idea of human rights. In his approach to it, he referred to Kant’s idea of “a federation of free states” (as opposite to a “world state”) in the solution of the problem of a cosmopolitan system He noticed the tension between two orientations of international law: one towards “human rights” and hence a cosmopolitan law of single citizens and the other towards the sovereignty of single states. He asserted that the universal conception of law cannot be reduced to the legislative autonomy of any state. Consequently, the universal conception of human rights cannot be adequately realized either by particular democratic states or by a world state as a despotic superpower. Apel concluded that an adequate institution for the current debate regarding the issues of global peace and security can only be a federation of nations like the UN, the meta-institution of global discourse and the political representation of international law. At the heart of the essay is Kant’s cosmopolitan ideal and its relevance for today’s discussions about peace and security. Attention is paid to the attempts to rethink Kant by Karl-Otto Apel, Jürgen Habermas, Jaques Derrida, Martha Nussbaum, and David Held, among others. Some of the authors indicate the tension between the sovereignty ofstates and the universality of human rights. Other authors criticize cosmopolitanism as overly unifying in contrast to the socio-cultural diversity of societies. The essay draws a contrast between two tendencies concerning international relations. One is the current neoconservative course toward American domination throughout the world. An alternative to this is the philosophers’ call for “the cosmopolitan model of democracy” and strengthening the network of transnational grass-roots movements and international institutions, including the UN. (shrink)

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

In what sense could discourse ethics be linked with normative problems raised by the ecological crisis? Even if Apel and Habermas have not really addressed this question extensively, and even if their position in moral philosophy seems to develop and reinforce a neo-Kantian anthropocentric point of view, one can find in their works some evidence for the possibility of connecting a dialogical view with an ecological one. In order to defend the philosophical interest in highlighting this possibility, this (...) essay analyses Habermas' position concerning the moral and ontological status of animality in particular, and attempts to situate this position within the history of Critical Theory. (shrink)

The guidelines followed by many educational boards recommend behavioristic practices for dealing with student discipline; however, Lawrence Kohlberg's idea of organizing schools as “just communities” suggests a more promising approach. It translates to the school context the core principle of Habermas's discourse ethics: those norms to which all concerned agree are valid. In such democratically organized schools, students engage in less violence and take greater responsibility for safeguarding each other's welfare. Public debates about rules and handling transgressions generate (...) knowledge regarding shared norms, promote role-taking abilities, and foster ego-syntonic commitment to democratic values. Such participatory experiences may contribute to constituting ego identity. Whereas identity politics relies on particularistic affiliations and emphasizes demarcations between social groups, ego identity is based on a commitment to universal moral values. This commitment allows individuals to develop and sustain a sense of coherence, continuity, and uniqueness, and it fosters democratic cooperation and social cohesion. In this article, Gertrud Nunner-Winkler provides empirical support for these claims. (shrink)

A reply to the lead article by Matthew Lipman: "Philosophy for Children: Some Assumptions and Implications", which discxusses the relation between Jürgen Habermas' discourse ethics and Philosophy for Children.

The present book tries to show that the transcentendal-pragmatic approach to discourse ethics can reconstruct the genesis of this situation and provide a ...

My question is the following: to what extent is ethical anthropocentrism tenable? In a “discourse ethical” perspective I will consider some case-oriented arguments in favor of a paradigmatically unique ethical standing for humans and some arguments in favor of an ethical gradualism between humans and other mammals and between humans and nature, ending with a conclusion in favor of a fair treatment of all moral subjects, human and non-human.

This paper presents a substantivist construal of discourse ethics, which claims that we should see our engagement in public deliberation as expressing and elaborating a substantive commitment to basic moral ideas of solidarity, equality, and freedom. This view is different from Habermas's standard formalist defence of discourse ethics, which attempts to derive the principle of discursive moral justification from primarily non-moral presuppositions of rational argumentation as such. After explicating the difference between the substantivist and the formalist (...) construal, I defend the former by showing that it is not only intuitively compelling, but also particularly well equipped for addressing four important objections recently levelled against discourse ethics and its political applications. I conclude by pointing out some consequences of the previous discussion for the future of Critical Theory. (shrink)

The following paper considers the extent to which discourse ethics can adequately respond to Habermas' own call for normative justification for the expectation of tolerance. It concludes that discourse ethics is able to lend its services to the flagging fortunes of the idea of toleration, not by seeking to underscore this idea with rationally compelling argumentation,but by offering insights into the possibilities opened up to a life which accepts this principle.

ABSTRACT:The primacy of shareholder demands in the traditional theory of the firm has typically excluded marginalised stakeholder voices. However, shareholders involved in social shareholder engagement purport to bring these voices into corporate decision-making. In response to ethical concerns about the legitimacy of SSE, we use the lens of discourse ethics to provide a normative analysis at both action and constitutional levels. By specifying three normative questions, we extend the analysis of SSE to identify a political role for shareholders (...) in pursuit of the common good. We demonstrate the desirability for SSE to promote regulatory/institutional change to guarantee marginalised stakeholders a voice in corporate decisions that affect them. The theory of SSE we propose thus calls into question the stark separation of the political and economic spheres and reveals an underlying tension, often overlooked, within the responsible investment literature. (shrink)

Are culture driven ethical conflicts apparent in the discourse of the protagonists? A multi-year, multi-cultural study of managers by Trompenaars and Hampden-Turner resulted in two conclusions relevant to business ethics. The first is that intercultural business conflicts can often be traced to a finite set of cultural differences. The second is that enough similarities exist between cultures to provide the grounds for conflict resolution. The research reported here gives credence to their study when applied to an ethical conflict (...) viewed from French and American perspectives. (shrink)

ABSTRACT:Whether at the executive or the line-management levels, businesspeople face moral decisions that cannot be easily resolved with reference to a shared ethos, whether because of diversity of ethea in the organization or its environment, or because the organization's ethos is inadequate for the problem at hand. These decisions are made more common by the changing norms of a pluralistic business environment, and require collective moral deliberation to be adequately resolved. Discourse ethics ideally characterizes the form of valid (...) collective moral deliberation. I argue that accommodation for the limitations of actual discourse makes discourse ethics, conceived in terms of the rules of practical discourse, practical for realizing improvements in the openness and validity of moral decision-making over states in which these rules are flagrantly violated. These rules have normative implications at the organizational level for the integrity approach to corporate ethics programs, and at the individual level for ethical leadership. (shrink)