반성적 평형은 도덕철학 및 정치철학의 영역에서 가장 유력한 정당화 방법론으로 평가받고 있지만, 롤스의 공정으로서의 정의의 최종 형태에서 반성적 평형의 전체 구조가 어떻게 파악되고 있는지는 아직 충분히 이해되지 못하고 있다. 이러한 불충분한 이해는 반성적 평형이 정당화 방법론으로서 심각한 결함을 갖고 있다는 비판들이 제기되는 근본적인 원인이 된다. 본 논문은 롤스의 넓은 반성적 평형을 이유(reason)에 의한 정당화 및 이성의 공적 사용을 중심으로 해명하고 이를 기초로 반성적 평형의 전체 구조를 제시하는 것을 목적으로 한다. ‘모두의 대화(omnilogue)’로서 복합적인 구조를 갖는 이러한 반성적 평형 모델은 기존의 (...) 비판들을 극복할 수 있을 뿐만 아니라 롤스의 본래 의도에 가장 충실하다는 강점을 갖는다. (shrink)

Normal 0 false false false MicrosoftInternetExplorer4 /* Style Definitions */ table.MsoNormalTable {mso-style-name:"Table Normal"; mso-tstyle-rowband-size:0; mso-tstyle-colband-size:0; mso-style-noshow:yes; mso-style-parent:""; mso-padding-alt:0in 5.4pt 0in 5.4pt; mso-para-margin:0in; mso-para-margin-bottom:.0001pt; mso-pagination:widow-orphan; font-size:10.0pt; font-family:"Times New Roman"; mso-ansi-language:#0400; mso-fareast-language:#0400; mso-bidi-language:#0400;} In this essay I intend to explore the relationship between the enlightenment and communication in Kant and those ideas through which he construes the enlightenment not as a process focused on the rationalization of the individual but as a collective one that require communication. In this context I will show (...) the role that Kant gives to the idea of change in religion both as organization and doctrine. The basis of this approach is to reconsider the core of Kant’s distinction between public use of reason and private use of reason and link it thus clarified, to questions raised by religious change. (shrink)

With An Answer to the Question: What Is Enlightenment? (1784) and What Does It Mean to Orient Oneself in Thinking? (1786), Kant presents the concept of public use of reason and defines its requirements, scope, and function. In outline, the public use of reason consists in sharing one’s thoughts with “the entire public of the world of readers” (8:37). As for its requirements, to the extent that someone communicates in their own person, i.e. not in (...) the exercise of their function as a public official, and bases their reasoning on universalizable grounds, their use of reason qualifies as public and shall be free from state censorship. Therefore, Kant’s concept of public use reason aims to establish a public debate that is free and includes in its scope, both as subjects and recipients, potentially all adult men. The ultimate function of the public use of reason is to foster moral progress and, with it, the reform of the political community according to the republican ideal. However, it is commonly held that Kant, with his 1798 essay The Conflict of the Faculties, deprives his notion of public use of reason of its progressive core and adjusts it to the absolutist conception of speech and civil service. Characterizations of state officials as “not free to make public use of their learning” (7:18) and “bound to uphold whatever […] the crown sanctions for them to expound publicly” (7:8), as well as the depiction of laypeople as “incompetent” (7:18) and “resigned to understanding nothing about [the sciences]” (7:34), have led influential interpreters to read Kant as redefining his notion of public use of reason by restricting its subjects to university professors and its recipients to government members (e.g. John Christian Laursen 1986, rpt. 1992 and 1996; Kevin Davis 1992; Steven Lestition 1993; Jay Franzel 2013). On my reading, with The Conflict of the Faculties, Kant does indeed redefine the concept of public use of reason making concessions to the absolutist notion of speech and civil service. However, a close reading of the text reveals that the public use of reason ends up being reaffirmed in its progressive core and extended in its scope. To substantiate my interpretation, I will systematically analyse and classify each of the 68 occurrences of the adjective ‘public’ in The Conflict of the Faculties and show how Kant employs the absolutist vocabulary to convey the progressive project of his previous writings. Accordingly, I argue that Kant holds on to the free public use of reason as a means to reform politics according to the republican ideal and that the employment of the absolutist vocabulary is motivated by a pragmatic attitude and a provocative stance. (shrink)

How should the policies of search engines and other information intermediaries be ethically evaluated? It is argued that Kant’s principles for the public use of reason are useful starting points for the formulation of criteria for such an evaluation. The suggestion is, furthermore, that a search engine can be seen to provide a testimony to the user concerning what information that is most relevant to her query. This suggestion is used as the basis for the development of a (...) broadly Kantian account of a rational searcher. It is argued that the search engine companies are morally required to publish their information policies and act in accordance with them but given the threat of search engine spam they can have no obligation to publish the details of their algorithms. (shrink)

With this paper I intend to rehabilitate the status of orality as medium of the public use of reason in the normative Kantian sense. As a first step, I reconstruct the reasons why Kant rejects the spoken word and designates the written word as the sole medium of public reasoning. As a second step, I argue for the possibility of employing the spoken word as medium of public reasoning while remaining within the normative framework of Kant’s (...) concept of the public use of reason. (shrink)

In “An Answer to the Question: What is Enlightenment?,” Kant defines the public use of reason as “that use which someone makes of it as a scholar before the entire public of the world of readers.” Commentators rarely note Kant’s reference to “scholarship” in this passage and, when they do, they often disagree about its meaning and significance. This paper addresses those disagreements by exploring discussions of scholarship in Kant’s logic lectures as well as in later works (...) like The Conflict of the Faculties. These sources suggest that Kant defends a rigorous conception of scholarship, which may not be consistent with liberal and egalitarian interpretations of the public use of reason. The paper concludes that Kant’s account of the public use of reason provides only a limited defense of freedoms of speech and of the press, which is neither as liberal nor as egalitarian as other commentators have suggested. (shrink)

Christian political theologians have usually taken one of two approaches to the purpose of political order: agonist or perfectionist. Either political order should seek a civic peace between opposing forces or advance the full human good. Both approaches face difficulties, so I propose a middle-way: Christian reconciliationism. This political theology holds that political order should seek reconciliation between diverse moral perspectives. With perfectionism, reconciliationism aims to establish the political order as a moral order, but with agonism, reconciliationism rejects attempts to (...) use the political order to promote the full human good. It thereby avoids the vices of both approaches. (shrink)

The aim of this paper is threefold: (i) to trace the idea of deliberation back in the history of philosophy and establish the link to the Kantian concept of public reason; (ii) to pave the way for rhetoric as a constituent part of public deliberation; (iii) to undertake an applied ethical approach to worldwide deliberation online. The two former aims are treated in part one of the paper, whereas the applied analysis is undertaken in part two. One (...) important task is to demonstrate in what ways the internet as a new and powerful venue for deliberation both challenges the old theories of public deliberation, and also points in the direction of certain revisions of our basic ideas about deliberation. (shrink)

According to recent scholarship, Kant’s "An Answer to the Question: What is Enlightenment?" and the introductory section to "The Conflict of the Faculties" are masterpieces of philosophical rhetoric. The philosophical significance of these texts lies in establishing the free public use of reason as a tool to discipline political power through pure practical reason, and the rhetorical mastery consists in presenting the free public use of reason as a means to satisfy the ruler’s pragmatic practical (...) reason. Elaborating on this interpretation, I flesh out three further aspects of the writings in question. First, I examine the four types of arguments that Kant crafts in defence of the public use of reason and show how their pragmatic practical character is fully in keeping with the foundation of politics on pure practical ideas. Second, contrasting Kant’s notion of the public use of reason with the classical liberal conception of free speech, I argue that the distinctive character of Kant’s notion of the public use of reason consists in adding to the liberal demand for freedom from state censorship the requirement of the self-discipline of the participants in the public use of reason. Third, I contend that Kant’s notion of the public use of reason goes beyond a mere non-coercive discursive procedure and conclude that, to qualify as public in the distinctive Kantian sense, publicly presented positions must uphold theoretical and moral criteria informed by critical philosophy. (shrink)

In “An Answer to the Question: What is Enlightenment?,” Kant defines the public use of reason as “that use which someone makes of it as a scholar before the entire public of the world of readers.” Commentators rarely note Kant’s reference to “scholarship” in this passage and, when they do, they often disagree about its meaning and significance. This paper addresses those disagreements by exploring discussions of scholarship in Kant’s logic lectures as well as in later works (...) like The Conflict of the Faculties. These sources suggest that Kant defends a rigorous conception of scholarship, which may not be consistent with liberal and egalitarian interpretations of the public use of reason. The paper concludes that Kant’s account of the public use of reason provides only a limited defense of freedoms of speech and of the press, which is neither as liberal nor as egalitarian as other commentators have suggested. (shrink)

This article turns to early modern and Enlightenment advocates of tolerance in order to discover and lay bare the line of argument that informed their commitment to free speech. This line of argument will subsequently be used to assess the shift from free speech to the contemporary ideal of free self-expression. In order to take this assessment one step further, this article will finally turn to Immanuel Kant’s famous defense of the public use of reason. In the wake (...) of Katerina Deligiorgi’s readings of Kant, it will show that the idea of free speech requires a specific disposition on behalf of speakers and writers that is in danger of being neglected in the contemporary prevailing conception of free speech as freedom of self-expression. (shrink)

Nearly all of the work that has been done on Kant’s conception of public reason has focused on its socio-political significance. John Rawls, Onora O’Neill and others have explored its relevance to a well ordered democracy, to pluralism, to toleration, and so on. However, the relevance of public reason for Kant is not limited to the socio-political. Kant repeatedly appeals to the “touchstone of communication” in relation to the normative side of his epistemology. The purpose of (...) this paper is to articulate why Kant regards communication as vital to our theoretical endeavors. (shrink)

There are not only true or false solutions, there are also false questions. The task of philosophy is not to provide answers or solutions, but to submit to critical analysis the questions themselves, to make us see how the very way we perceive a problem is an obstacle to its solution. This holds especially for today’s public debates on ecological threats, on lack of faith, on democracy and the “war on terror”, in which the “unknown knowns”, the silent presuppositions (...) we are not aware of, determine our acts. (shrink)

This article addresses the debate between Jürgen Habermas and Charles Taylor on the implications of state secularism for the public use of reason. Recent commentators have traced this debate either to Habermas’s and Taylor’s divergent views about the status of Western modernity or to their disagreement about the relation between the good and the right. I argue that these readings rest on misinterpretations of Habermas’s theory of social evolution and understanding of impartial justification. I show that the debate (...) rests on diverging interpretations of what it means for citizens to embed the principles of liberal democracy in their respective conceptions of the good. This difference in turn leads Habermas and Taylor to espouse different criteria of democratic legitimacy. I conclude by suggesting that we have prima facie reasons to prefer Habermas’s conception of legitimacy to Taylor’s, and to that extent, to favor his model of the public use of reason. (shrink)

In Between Facts and Norms, Jürgen Habermas points out an ambiguity in the Kantian concept of autonomy that would lead to an antagonism between human rights and popular sovereignty. He charges Kant of introducing this concept from the private point of view of the individual subject who judges morally and of elucidating it from the point of view of the discursive and democratic political formation of the will. Against this reading, Ingeborg Maus argues that Kant develops human rights and popular (...) sovereignty in the closest reciprocal complementarity. Nonetheless, she agrees with Habermas’s critique of the monological character of the Kantian principle of morality and reaffirms the ambiguity of the concept of autonomy. The aim of this article is to to shed light on Kant’s conceptions of Enlightenment and “public use of reason” developed in his political writings, in order to suggest that far from devaluating the political formation of the will, Kant establishes it as a fundamental step towards the realization of morality and, therefore, of the autonomy of the will. First, I will argue that in explaining the principle of autonomy with the idea of self-legislation of the will, Kant does not introduce ambiguity in this concept. On the contrary, it establishes a common normative structure between the domains of moral and right. Finally, I will return to the Doctrine of Right to argue that for Kant, interaction and communication between citizens is not lateral to the legitimation of right, since the members of the political community must consent and be convinced by reason. (shrink)

O objetivo do artigo é examinar como Habermas, orientado pela intuição normativa do uso público da razão, reconstrói uma concepção procedimental de democracia deliberativa, que, sem desconsiderar da dimensão estratégica e instrumental da esfera pública e da política, reformula a dimensão epistêmica da democracia: a aceitabilidade racional dos acordos políticos. Inicialmente, apresento brevemente a análise sociológica e histórica do conceito de esfera pública crítica, realizada em Mudança Estrutural da Esfera Pública (1962), para, em seguida, expor duas linhas de argumentação sobre (...) o conceito de esfera pública e de política deliberativa, em Direito e Democracia (1992): a que se refere ao princípio de legitimação baseado na razão pública como uma reconstrução intersubjetiva e política do conceito kantiano de autonomia; e a que concerne aos aspectos essenciais da teoria crítica da sociedade fundada na distinção entre mundo da vida e sistema e a "tradução" sociológica e institucional do uso público da razão, nos conceitos de sociedade civil e esfera pública. The objective of this article is to examine how Habermas, guided by a normative intuition of the public use of reason, reconstructs a procedural conception of deliberative democracy which, without disregarding the strategic and instrumental dimensions of the public sphere and of politics, reconstructs the epistemic dimension of democracy: the rational acceptability of political agreements. First, I briefly present a historical and sociological analysis of the concept of the public sphere in The Structural Transformation of the Public Sphere (1962). I then present two lines of argumentation regarding the concept of the public sphere and deliberative democracy in Between Facts and Norms (1992): one refers to the principle of justification based on public reason as an intersubjective and political reconstruction of the Kantian concept of autonomy; the other refers to the essential aspects of the critical theory of society based on the distinction between lifeworld and system, and on the sociological and institutional "translation" of the public use of reason in the concepts of civil society and public sphere. (shrink)

Volume 28, Issue 1, February 2020, Page 96-113.

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

The article addresses the debate that has arisen in the wake of John Rawls’ political theory, in particular his concept of the ‘use of public reason’. Such a concept is crucial because it involves all his fundamental presuppositions about reason, publicity, legitimacy and the liberal subject that sustain his theory of justice. In this article we will mainly doubt Rawls’ Kantian origins in favour of Kant’s own thinking about reason and publicity. Initially then, we will critically (...) present an account of Rawls’ conception of (public) reason, and then turn to Kant in order to argue for a non-constructivist reading. This will be based on the importance of reason’s non-empirical need [Bedürfnis ], instead of Rawls’ empirical conception of it. Such a thing would constitute the basis for Kant’s non-instrumental conception of publicity as an a priori condition of our freedom, which would also have room for a positive role for dissent rather than mere consent (built into Rawls’ principle of liberal legitimacy). According to Kant, there is a juridical right based on reason’s need. In the end, it is concluded that the two thinkers have differing views on both the nature of human reason, and the nature of publicity at the basis of modern societies, a fact that might also be the beginning for the strengthening of Kant’s modern republicanism rather than liberalism. (shrink)

The paper argues that there is good reason to doubt that virtue-based approaches to the question of justice can adequately come to grips with sophistic uses of the political lie – especially when sophistic thinking is stretched to the point of thoroughgoing moral skepticism, or well beyond that to outright moral nihilism and its cynical uses. To counter such uses, I turn to Kant’s most influential discussion of lying, which is found in his 1797article entitled “Of a Supposed Right (...) to Lie from Philanthropy.” Although I maintain that Kant’s particular moral argument against Constant is flawed, I argue that the specifically political position that Kant’s general juridical argument supports is sound. I thereby show how Kant’s account of the conditions for the possible conformity of politics with principles of right does effectively establish that an impeachable act of lying categorically requires impeachment and prosecution for wrongdoing. KEY WORDS – Kant. Moral philosophy. Fhilosophy of right. Political lie. (shrink)

This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work. This work is in the public (...) domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant. (shrink)

This work has been selected by scholars as being culturally important and is part of the knowledge base of civilization as we know it. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, (...) and made generally available to the public. To ensure a quality reading experience, this work has been proofread and republished using a format that seamlessly blends the original graphical elements with text in an easy-to-read typeface. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant. (shrink)

In 2009, Scott S. Reuben was convicted of fabricating data, which lead to 25 of his publications being retracted. Although it is clear that the perpetuation of retracted articles negatively effects the appraisal of evidence, the extent to which retracted literature is cited had not previously been investigated. In this study, to better understand the perpetuation of discredited research, we examine the number of citations of Reuben’s articles within 5 years of their retraction. Citations of Reuben’s retracted articles were assessed (...) using the Web of Science Core Collection. All citing articles were screened to discriminate between articles in which Reuben’s work was quoted as retracted, and articles in which his data was wrongly cited without any note of the retraction status. Twenty of Reuben’s publications had been cited 274 times between 2009 and 1024. In 2014, 45 % of the retracted articles had been cited at least once. In only 25.8 % of citing articles was it clearly stated that Reuben’s work had been retracted. Annual citations decreased from 108 in 2009 to 18 in 2014; however, the percentage of publications correctly indicating the retraction status also declined. The percentage of citations in top-25 %-journals, as well as the percentage of citations in journals from Reuben’s research area, declined sharply after 2009. Our data show that even 5 years after their retraction, nearly half of Reuben’s articles are still being quoted and the retraction status is correctly mentioned in only one quarter of the citations. (shrink)

Public health communication makes extensive use of a linguistic formulation that will be called the “no evidence” statement. This is a written or spoken statement of the form “There is no evidence that P” where P stands for a proposition that typically describes a human health risk. Danger lurks in these expressions for the hearer or reader who is not logically perspicacious, as arguments that use them are only warranted under certain conditions. The extent to which members of the (...) public are able to determine what those conditions are will be considered by examining data obtained from 879 subjects. The role of “no evidence” statements as cognitive heuristics in public health reasoning is considered. (shrink)

This article explores the historical and philosophical backgrounds that inform the appropriation of the term “public reason” in liberal theory. Particularly, it studies the differing nuances attached to public reason by Kant and Rawls. The article suggests that, while Kant viewed the public use of reason as a conditio sine qua non for Enlightenment to take place within the Prussian society, Rawls’s notion of public reason in Political Liberalism serves a different purpose (...) in our contemporary world. Rawls sees public reason as a tool, which would enable citizens of the pluralistic liberal state to unearth tolerable bases for coexistence, despite their trenchant and often conflicting ideological, cultural and religious differences. Moreover, Rawls’s notion of public reason aims at liberal legitimacy: the normative and political justification of the legal power of the state in liberal democracy. (shrink)

Which role does publicity play in an adequate theory of individual and collective reasoning? To analyze the role publicity should play in our societies in solving societal problems, I will start, in the first part, with some general remarks about problems and problem solving. In the second part, I will deal with the role responsible reasoning plays in problem solving. Finally, I will argue that, and why, the public use of reason is necessary for finding the best solutions (...) for problems in society. (shrink)

The First World War was supposed to end all wars, though soon followed WWII. Since 1945 wars continued to abound; now we confront a real prospect of a third world war. Many armed struggles and wars arise in attempts to end repressive government; still more are fomented by repressive governments, few of which acknowledge their repressive character. It is historically and culturally naive to suppose that peace is normal, and war an aberration; war, preparations for war and threats of war (...) belong to ‘normal’ human life. Our tolerance, acceptance or fostering of such repeated injustices and atrocities indicate pervasive failures to understand fundamentals of justice, and what we owe morally to ourselves and to all others, together with our responsibilities to preserve the biosphere, not merely our own store(s) of reserves. As matters both of justice and prudence we must re-orient ourselves, individually and collectively, to promote justice, peace and ecological responsibilities by identifying and instituting just forms of social cooperation, domestically and internationally. All of these are our problems, whether we recognize them or continue our pervasive negligence. We urgently require cogent understanding of the social dimensions of human judgment, rational assessment, right action, and public reason. This requires understanding (inter alia) how Kant’s explication of rational judgment and justification is fundamentally social, how these features of rational judgment and justification are constitutive of Kant’s account of individual autonomy, and how they are central to Kant’s account of proper public use of reason. Reasoning publically remains precarious, not because – as often alleged – the ‘Enlightenment project’ has failed. It has not failed, it has been thwarted, and in our public responsibilities we have too often failed it. (shrink)

BackgroundStigma refers to a distinguishing personal trait that is perceived as or actually is physically, socially, or psychologically disadvantageous. Little is known about the opinion of those who have more or less stigmatizing health conditions regarding the need for consent for use of their personal information for health research.MethodsWe surveyed the opinions of people 18 years and older with seven health conditions. Participants were drawn from: physicians' offices and clinics in southern Ontario; and from a cross-Canada marketing panel of individuals (...) with the target health conditions. For each of five research scenarios presented, respondents chose one of five consent choices: (1) no need for me to know; (2) notice with opt-out; (3) broad opt-in; (4) project-specific permission; and (5) this information should not be used. Consent choices were regressed onto: demographics; health condition; and attitude measures of privacy, disclosure concern, and the benefits of health research. We conducted focus groups to discuss possible reasons for observed consent choices.ResultsWe observed substantial variation in the control that people wish to have over use of their personal information for research. However, consent choice profiles were similar across health conditions, possibly due to sampling bias. Research involving profit or requiring linkage of health information with income, education, or occupation were associated with more restrictive consent choices. People were more willing to link their health information with biological samples than with information about their income, occupation, or education.ConclusionsThe heterogeneity in consent choices suggests individuals should be offered some choice in use of their information for different types of health research, even if limited to selectively opting-out. Some of the implementation challenges could be designed into the interoperable electronic health record. However, many questions remain, including how best to capture the opinions of those who are more privacy sensitive. (shrink)

The use of genetically modified plants in agriculture (GM crops) is controversially discussed in academic publications. Important issues are whether the release of GM crops is beneficial or harmful for the environment and therefore acceptable, and whether the modification of plants is ethically permissible per se . This study provides a comprehensive overview of the moral reasoning on the use of GM crops expressed in academic publications from 1975 to 2008. Environmental ethical aspects in the publications were investigated. Overall, 113 (...) articles from 15 ecology, environmental ethics, and multidisciplinary science journals were systematically reviewed. Three types of moral concerns were used to structure the normative statements, moral notions, and moral issues found in the articles: concerns addressing consequences of the use of GM crops, concerns addressing the act (the technique itself), and concerns addressing the virtues of an actor. Articles addressing consequences (84%) dealt with general ecological and risk concerns or discussed specific ecological issues about the use of GM crops. Articles addressing the act (57%) dealt with the value of naturalness, the value of biotic entities, and conceptual reductionism, whereas articles addressing the actor (43%) dealt with virtues related to the handling of risks and the application of GM crops. The results of this study may help to structure the academic debate and contribute to a better understanding of moral concerns that are associated with the key aspects of the ethical theories of consequentialism, deontology, and virtue ethics. (shrink)

Introduction -- On the genius and discoveries of Sir Isaac Newton -- On the character and origin of the ancient mythologies -- On the question : are the planets inhabited? -- A plea for freedom -- The right use of leisure -- On education -- The claims of science -- The social aspect of intellectual culture.

This paper examines the extent to which dispute resolvers in customary law systems provide widely understandable justifications for their decisions. The paper first examines the liberal-democratic reasons for the importance of publicity, understood to be wide accessibility of legal justification, by reviewing the uses of publicity in Habermas’ and Rawls’ accounts of the rule of law. Taking examples from Sierra Leone, the paper then argues that customary law systems would benefit from making local dispute resolution practices, such as “begging” from (...) elders, witchcraft, and customary law judgments, more widely accessible. The paper concludes that while legal pluralism is usually taken to be an analytical concept, it may have a normative thrust as well, and that publicity standards would also apply to formal courts in developing countries, which are also typically “defective” along this dimension. (shrink)

BackgroundAlthough some of the most radical hypothesis related to the practical implementations of human enhancement have yet to become even close to reality, the use of cognitive enhancers is a very tangible phenomenon occurring with increasing popularity in university campuses as well as in other contexts. It is now well documented that the use of cognitive enhancers is not only increasingly common in Western countries, but also gradually accepted as a normal procedure by the media as well. In fact, its (...) implementation is not unusual in various professional contexts and it has its peak in colleges. Even when certain restrictions in the legislation of a country are indeed in place, they are without doubts easy to overcome. The legitimacy and appropriateness of such restrictions will not be the focus of our investigation.DiscussionOur concern is instead related to the moral and social reasons to publicly acknowledge the use of cognitive enhancers in competitive-selective contexts. These reasons are linked to a more neutral analysis of contemporary Western society: it is a fact that an increasing number of competitive-selective contexts have a substantial number of contenders using cognitive enhancers.SummaryThrough the use of five explicative examples, in this paper we want to analyse the problems related to its use. In particular, it will be our aim to show the tension between one of the main argument used by bio-liberals and the actual implementation of the drugs in competitive, or semi-competitive contexts. (shrink)

This article describes and rejects three standard views of reason in secular clinical ethics. The first, instrumental reason view, affirms that reason may be used to draw conceptual distinctions, map moral geography, and identify invalid forms of argumentation, but prohibits recommendations because reason cannot justify any content-full moral or metaphysical commitments. The second, public reason view, affirms instrumental reason, and claims ethicists may make recommendations grounded in the moral and metaphysical commitments of bioethical (...) consensus. The third, comprehensive reason view, also affirms instrumental reason, but encourages ethicists to make recommendations grounded in the moral and metaphysical commitments of their private worldviews. A compatibilist view of public reason is then defended, which holds that each standard view captures an important role for reason in different aspects of secular clinical ethics. The article ends by identifying three implications for enduring theoretical debates in clinical ethics. (shrink)

BackgroundHealthcare providers have to make ethically complex clinical decisions which may be a source of stress. Researchers have recently introduced Artificial Intelligence (AI)-based applications to assist in clinical ethical decision-making. However, the use of such tools is controversial. This review aims to provide a comprehensive overview of the reasons given in the academic literature for and against their use.MethodsPubMed, Web of Science, Philpapers.org and Google Scholar were searched for all relevant publications. The resulting set of publications was title and abstract (...) screened according to defined inclusion and exclusion criteria, resulting in 44 papers whose full texts were analysed using the Kuckartz method of qualitative text analysis.ResultsArtificial Intelligence might increase patient autonomy by improving the accuracy of predictions and allowing patients to receive their preferred treatment. It is thought to increase beneficence by providing reliable information, thereby, supporting surrogate decision-making. Some authors fear that reducing ethical decision-making to statistical correlations may limit autonomy. Others argue that AI may not be able to replicate the process of ethical deliberation because it lacks human characteristics. Concerns have been raised about issues of justice, as AI may replicate existing biases in the decision-making process.ConclusionsThe prospective benefits of using AI in clinical ethical decision-making are manifold, but its development and use should be undertaken carefully to avoid ethical pitfalls. Several issues that are central to the discussion of Clinical Decision Support Systems, such as justice, explicability or human–machine interaction, have been neglected in the debate on AI for clinical ethics so far.Trial registrationThis review is registered at Open Science Framework (https://osf.io/wvcs9). (shrink)

In The Sources of Normativity, Christine Korsgaard tried to argue against what she called the ‘privacy’ of reasons, appealing to Wittgenstein's argument against the possibility of a private language. In recent work she continues to endorse Wittgenstein's perspective on the normativity of meaning, although she now emphasizes that her own argument was only meant to be analogous to the private language argument. The purpose of the present paper is to show that the Wittgensteinian perspective is not only not useful in (...) support of Korsgaard's general project, but that it is positively inimical to it, in two ways. First, Wittgenstein opposes views on which principled or rule-following behavior requires that one be guided by anything like a mental representation of a rule or principle. But for Korsgaard, human action essentially requires this. Second, Wittgenstein systematically attempts to de-emphasize the importance of the first-personal perspective, and to emphasize the social functions even of concepts that might seem deployed primarily from that perspective: for example, concepts of sensations and intentions. This is the reverse of Korsgaard's emphasis. The paper also argues, however, that the private language argument does have some implications for a theory of rationality and reasons. (shrink)

In the present paper, we discuss the ethics of compassionate psychedelic psychotherapy and argue that it can be morally permissible. When talking about psychedelics, we mean specifically two substances: psilocybin and MDMA. When administered under supportive conditions and in conjunction with psychotherapy, therapies assisted by these substances show promising results. However, given the publicly controversial nature of psychedelics, compassionate psychedelic psychotherapy calls for ethical justification. We thus review the safety and efficacy of psilocybin- and MDMA-assisted therapies and claim that it (...) can be rational for some patients to try psychedelic therapy. We think it can be rational despite the uncertainty of outcomes associated with compassionate use as an unproven treatment regime, as the expected value of psychedelic psychotherapy can be assessed and can outweigh the expected value of routine care, palliative care, or no care at all. Furthermore, we respond to the objection that psychedelic psychotherapy is morally impermissible because it is epistemically harmful. We argue that given the current level of understanding of psychedelics, this objection is unsubstantiated for a number of reasons, but mainly because there is no experimental evidence to suggest that epistemic harm actually takes place. (shrink)

The use of tanning beds has been identified as being among the most significant causes of melanoma and non-melanoma skin cancer. Accordingly, the activity is properly seen as one that involves profound harm to self. The article examines paternalistic reasons for restricting sunbed usage. We argue that both so-called soft and hard paternalistic arguments support prohibiting the use of sunbeds. We make the following three arguments: an argument from oppressive patterns of socialization suggesting that the autonomous nature of the conduct (...) in question is questionable; an argument from so-called evaluative delusions in which individuals attach incorrect weights to some of their values; a strictly hard paternalistic argument appealing to the harm in itself pertaining to the use of sunbeds. (shrink)

. In her article the author analyzes the way in which academic scholars combine professional competence and social activity. Academic Studies of Religious is a strategic branch of the humanities, that the practical consequences of theoretical achievements contribute to the establishment of mutual understanding in the multiconfessional and polyscriptive social context. Ukrainian academic scholars jf religious are at the same time scholars as theoreticians and citizens of modern Ukraine. Therefore, they often continue their professional scientific and cognitive activities in the (...) educational and public sector. It is ascertained that, as guided by the principle of scientific prudence and at the same time civic engagement, contemporary Ukrainian academic religious scholars influence social reality as a means of public activity. While staying with theoretical scholars, but at the same time being active citizens included in the epicenter of the reality of modern Ukraine, Ukrainian academic religious scholars seek not only to reason and express themselves, but also to act responsibly both before the scientific community and before the civil community in order to achieve positive practical consequences of their professional achievements. It is proposed to classify the social activities of academic religious scholars according to the criteria a) collective-individuality - UAR and individual action; b) target orientation - different target groups and levels from local to international; c) the sphere of social existence - education and action in different directions; d) qualitative characteristics: whether the use of professional knowledge in public activities or professional activities in favor of the community. Religious professional competence contributes to responsible public activity, creates conditions for positive influence on the development of inter-confessional relations in a multiconfessional modern Ukraine, the formation of a developed civil society in which religious actors are effective and influential actors, rather than "hostages of processes" or "factors for account". Therefore, Ukrainian academic religious scholars and their professional activities in its subject and educational orientation, and their social activities, based on their professional competence, are included in the contemporary social and civil processes involved in such. (shrink)