Актуальність обраної теми статті зумовлена практичними та теоретичними причинами. По-перше, йдеться про важливість цілісного філософського осмислення толерантності як громадянської чесноти та сутнісної характеристики людського буття за умов євроінтеграційних прагнень України, формування вітчизняного громадянського суспільства. А, по-друге, про спробу виокремити найістотніші моделі концептуалізації ідеї толерантності в модерній та новітній філософській думці як усвідомлення неможливості толерантного, справедливого, людяного розв’язання соціальних та міжкультурних конфліктів без належної взаємної поваги, визнання гідності їх учасників. Визначення горизонтально-персональних та вертикально-інституційних вимірів толерантності, а також її морально-етичних та філософсько-антропологічних (...) складових здійснено на засадах послідовної реконструкції праць провідних як західних, переважно європейських, так і вітчизняних філософів, що уможливить розуміння перспектив подальшого дослідження толерантності в контексті проблем визнання, свободи, справедливості, довіри та співчуття. Йдеться також про важливість та плідність осмислення толерантності як засадничої цінності та чесноти вільного демократичного суспільства: в контексті деліберативної демократії (Ю. Габермас), єдності, цілісності моральних норм та персонального досвіду (М. Попович), права людей на спротив (Дж. Ролз) та розбудови «критичної теорії толерантності» (Р. Форст, О. Гьофе). На засадах проведеного у статті дослідження автор доходить висновку про такі важливі особливості сучасного існування толерантності: її трансформацію від персонального до інституційно-правового, міжнаціонального втілення; життєво-важливу необхідність доповнення її юридичних вимірів моральною цариною, коли бути нетерпимим до іншого, особливого буття поступово стає не лише незаконним, а й аморальним. (shrink)

In this 2002 book, Anna Elisabetta Galeotti examines the most intractable problems which toleration encounters and argues that what is really at stake is not religious or moral disagreement but the unequal status of different social groups. Liberal theories of toleration fail to grasp this and consequently come up with normative solutions that are inadequate when confronted with controversial cases. Galeotti proposes, as an alternative, toleration as recognition, which addresses the problem of according equal respect to groups as well (...) as equal liberty to individuals. She offers an interpretation that is both a revision and an expansion of liberal theory, in which toleration constitutes an important component not only of a theory of justice, but also of the politics of identity. Her study will appeal to a wide range of readers in political philosophy, political theory, and law. (shrink)

In this 2002 book, Anna Elisabetta Galeotti examines the most intractable problems which toleration encounters and argues that what is really at stake is not religious or moral disagreement but the unequal status of different social groups. Liberal theories of toleration fail to grasp this and consequently come up with normative solutions that are inadequate when confronted with controversial cases. Galeotti proposes, as an alternative, toleration as recognition, which addresses the problem of according equal respect to groups as well (...) as equal liberty to individuals. She offers an interpretation that is both a revision and an expansion of liberal theory, in which toleration constitutes an important component not only of a theory of justice, but also of the politics of identity. Her study will appeal to a wide range of readers in political philosophy, political theory, and law. (shrink)

This manuscript draws on the moral norms arising from the nuanced accounts of epistemic (in)justice and social identity in relational autonomy to normatively assess and articulate the ethical problems associated with using AI in patient care in light of the Black Box problem. The article also describes how black-boxed AI may be used within the healthcare system. The manuscript highlights what needs to happen to align AI with the moral norms it draws on. Deeper thinking – from other (...) backgrounds other than decolonial scholarship and relational autonomy – about the impact of AI on the human experience needs to be done to appreciate any other barriers that may exist. Future studies can take up this task. (shrink)

The study of social, ethical, and political issues from a naturalistic perspective has been pervasive in social sciences and the humanities in the last decades. This articulation of empirical research with philosophical and normative reflection is increasingly getting attention in academic circles and the public spheres, given the prevalence of urgent needs and challenges that society is facing on a global scale. The contemporary world is full of challenges or what some philosophers have called ‘existential risks’ to humanity. Nuclear wars, (...) natural and/or engineered pandemics, climate change, global totalitarianism, and emergent technologies, are some of the challenges mentioned by many authors devoted to the study of long-term potential risks for the survival of the human species. However, while there are many reasons to be a pessimist about the future of humanity, there is also a lot of ink wasted in showing that the world today is far better than we had in the past and also that there have been many instances of social and moral progress in the last centuries. Some authors have even claimed that “we have made more progress over the last 100 years than in the first 100,000”. According to ‘our world in data’, some of the most relevant advances of humanity in the last centuries have to do with the reduction of poverty and/or inequality, better health and security, the decline of violence and war, and the development of democracy and institutional mechanisms to guarantee individual freedom and rights. Yet, there is a more concrete concern that our world faces nowadays, and requires a particularly detailed analysis. In a few words, the advance in information and communication technologies, the huge volume of people migration because of prevalent instances of global inequality, and the reality of an interconnected world that just mirrors an extensive history of massive human intergroup relations open the question about the feasibility of social and moral progress in the contexts of diverse, multicultural, and unequal societies. This makes it crucial to reflect not only on whether human societies may keep advancing on a path of social progress, but how this can be achieved by addressing the challenges of inequality and potential intergroup conflict. This concern closely relates to the further consolidation of democratic values and the achievement of a more generalized consideration of the equal moral value of human individuals far from group, ethnic, or collective distinctions. This vision of progress follows the moral convictions that have been considered right and worthy to be pursued by most ethical theories explored by philosophers and social scientists so far. This work aims to contribute to the study of the mechanisms and feasibility of social and moral progress grounded on the precept of human equality and is guided by the idea that social and moral progress in a plural world requires the accomplishment of a more democratic and tolerant society. These forms of progress have already been defined by philosophers Allen Buchanan and Russel Powell as inclusivist forms of moral progress. According to these authors, inclusivist moral progress is featured by the transformation of moral judgments, motivations, and norms guided by the rejection of “group-based restrictions on moral standing and moral status” (2018). The work of Buchanan and Powell is fundamental for the argumentation developed in this work since they have pioneered a more complex debate in the field of evolutionary social sciences and philosophical anthropology. In brief, these authors have inquired how human nature, conceptualized by the advances in evolutionary thinking and the empirical sciences, is related to our moral convictions and the possibilities that we have to establish certain forms of social and moral progress. The work of Buchanan and Powell contributes to the debate on moral progress by incorporating empirically-informed concepts and arguments. With this objective in mind, they develop their discussion around a generalized tension between exclusivist and inclusivist forms of moral progress. This tension revolves around the question of whether and to what extent human moral concerns, motivations, and norms, are limited or bounded by social identities, group thinking, or collective values. This question is at the center of this work. In other words, I aim to answer whether and to what extent the nature of our social and moral cognition hinders or enables the development of inclusivist forms of morality and moral progress. As I mentioned so far, the distinction between exclusivist and inclusivist forms of morality has a practical implication and facilitates the reflection on the mechanisms and feasibility of concrete forms of progress based on the precept of human equality, which is the road to progress that we should follow according to most ethical theories. The distinction between exclusivist and inclusivist morality is not used here as a form of summarizing highly divergent descriptive approaches to morality, but as a way to address the practical implications of morality research, particularly around the question of the feasibility of social forms of progress based on the precept of equality and tolerance. My objective then has less to do with offering a conceptualization of human morality or with the proposition of a new ethical perspective. Instead, I aim to identify, from an empirically informed perspective, what enables the achievement of egalitarian forms of social progress, to subsequently offer a normative reflection about what we should do if we want to accomplish such inclusivist forms of progress. This task is of great relevance, having in mind that some theoretical proposals on the matter have claimed that human prosocial behavior and morality are constrained by exclusivist fixed tendencies as a product of our evolutionary history. According to these views, human morality is a group-centered cognitive and behavioral expression that has severe limits in its scope and extent, which hinders in the end the emergence of inclusivist forms of moral concerns and behaviors. These claims align with the philosophical intuition about the ‘dissociation of empathy’, or the fact that human individuals tend to express empathy and sympathy preferably for members of their group whereas their empathic and moral concern and recognition for outgroup individuals tend to be reduced or eliminated in real-life social interactions. Multiple theorists have expressed, however, that these assumptions are wrong for empirical and philosophical reasons, which results in a serious challenge to the conception of human morality as exclusivist by nature. Furthermore, simple intuition and practical experience constantly show us that human individuals can develop and endorse a broad spectrum of moral considerations and adopt an arguably inclusivist stance concerning the kind of persons or agents that deserve moral concern. Moreover, and adopting a historical perspective, the expansion of cultural and commercial exchanges, the consolidation of democracy, the development of welfare states, or the emergence of institutions based on the concept of universal human rights, have partially driven human progress based on the impartial concern for the well-being of persons. These historical instances of cultural evolution and institutional design have shown that it is feasible to promote behaviors and attitudes grounded in impersonal prosocial and inclusivist principles. This optimistic perspective, however, still begs the question of the exact relationship between social, cultural, and historical contexts, and the emergence of certain behavioral expressions of inclusivist morality. This is crucial since a great number of human individuals around the world still do not make part of these instances of social progress, and some authors have suggested that such instances of social and moral progress are particularly favored by the contexts of the WEIRD world, that is the world of Western, Educated, Industrialized, Rich, and Democratic societies. Some of these approaches consider moral inclusivity a ‘luxury good’ and follow the ‘dependency thesis’ according to which the expression of moral inclusivity depends on the presence of very concrete material conditions that trigger inclusivist and impersonal prosocial tendencies that human beings are not able to express in threatening contexts without physical security. This thesis is problematic for various reasons and has led to incomplete explanations about the enabling and causal factors of inclusivist moral progress, as well as unsatisfactory suggestions about what we should do to foster the accomplishment of more generalized instances of progress based on inclusivist concerns. In an attempt to contribute to this debate, the main objective of this thesis is to offer an alternative proposal about the nature of human morality and a more detailed reflection on what we should do if we want to further accomplish such instances of progress. More precisely, this work adopts a particular developmental and constructivist vision of human morality to answer the question of how feasible it is to reach generalized forms of social progress based on the precepts of moral inclusivity. Furthermore, it offers some ideas about what are the most adequate and favorable conditions to foster such progress both at the individual and the collective level. At this point, a preliminary clarification of some starting points is necessary. In the first place, and contrary to what other authors have proposed when debating moral progress from an empirically-based approach, my perspective adopts a radical developmental and constructivist perspective, following particularly the conceptual and empirical ideas of the social-domain theory in moral psychology. From this perspective, morality is a domain of normative and social knowledge that develops and emerges in human interactions. Moral concerns, judgments, and norms are not only the result of the expression of innate adaptive intuitions, nor the product of social conformity and a simple process of mirroring the normativity that communities have established to organize their social life. Human individuals, instead, construct moral concerns and judgments during their situated interactions. More specifically, the constructivist tradition claims that we need to research how moral concerns, judgments, and reasons emerge in social interactions and how human beings construct the content of their moral knowledge in the first place. Based on these ideas, morality is defined here as the result of a constructive process through which human individuals, by the means of constant interactions on a background of mutual respect and recognition, develop evaluative concerns about how we ought to treat others, and how to ‘care’ and ‘respect’ others’ well-being, needs, and vulnerabilities. This developmental-constructivist theory of human psychology contributes to an alternative understanding of the origins of moral variability and informs a very particular normative stance about the most desirable contexts needed for the urgent accomplishment of inclusivist forms of morality in contemporary societies. This is so given that the very same definition of morality adopted presupposes the feature of inclusivity. The main objective of this work is then to argue, based on a developmental perspective, what are the most favorable conditions to foster the development of moral inclusivity and what we should do to accomplish concrete instances of moral progress that truly help us to overcome our most urgent moral challenges. The whole thesis is organized as follows. In part I, I show how received visions about human social evolution have informed conceptions of morality as an adaptive function evolved to solve the challenges of cooperative life. Based on these assumptions, some theories argue that human morality is limited by the boundaries of group thinking, and always obeys the mandates of collective interests and the will of the majority. However, this conception has problematic implications from a normative and ethical perspective. The aim of Chapter 1 is to present this introductory debate in detail. In chapter 2, I consider a relevant amount of scientific evidence that helps to consolidate a more optimistic and inclusivist perspective about the starting conditions of human prosocial behavior. Later, I will summarize some ideas offered to explain the possible evolutionary mechanisms that led to the consolidation of these inclusivist capacities. However, I will also show how evolutionary theories that share the same adaptationist foundations but initially seem relevant to explain the feasibility of moral inclusivity, result incomplete when considering the complexity of moral behavior and its ethical implications. Part II is devoted to presenting a developmental alternative to the adaptationist versions around the starting conditions of morality. In this section, I first summarize the epistemological, conceptual, and empirical basis of a constructivist perspective already proposed by several authors in the last decades. This is the goal of chapter 3. More precisely, I adopt the conceptualization of morality established by the social-domain theory school and clarify its conception of the situated development of moral concerns, motivations, and norms. All these ideas are essential for my argumentation on the feasibility of inclusivist moral progress offered later. Chapter 4 provides a more detailed idea of constructivist thinking about moral development, by analyzing one particular dimension: the development of moral concerns for fairness and the sense of justice in distributive dilemmas. In Part III, I assume a constructivist perspective on morality to contribute to the philosophy of moral progress. In particular, I discuss the implications of such a perspective for the conceptualization of human moral nature and discuss what are the most favorable conditions for moral inclusivity to emerge. Answering that question is of enormous relevance since favoring the transition of human societies towards more inclusivist forms of moral concern and behavior supposes a more generalized accomplishment of our most urgent moral convictions. Previous developmental or culturally-sensible attempts to explore this issue are already on the market. As mentioned before, most authors have approached the topic by situating the cultural evolution and development of (inclusivist) moral progress in the WEIRD world. For instance, some of these authors claim that very concrete material conditions (mostly present in the Western World) have been necessary for triggering inclusivist and impersonal prosocial tendencies that human beings are not able to express in threatening contexts without physical security. Despite their interest in explaining inclusivist morality and the feasibility of inclusivist forms of progress following a naturalistic and culturally situated approach, these theories are problematic for two main reasons. In the first place, most of the authors that explain moral progress tend to focus exclusively on the consolidation of liberal values in the Western world and the underlying adoption of laws, social-epistemic practices, and public narratives about tolerance and inclusivity, as unequivocal signs of inclusivist morality. Nevertheless, there is an enormous distance between the institutional and public support of inclusivist moral values or the construction of public images of tolerance and inclusivity, and the real materialization of impersonal moralities in situated social interactions. Secondly, the variability of human moral behavior is far bigger than most of the theories in moral psychology and moral progress tend to assume. Accordingly, inclusivist and exclusivist forms of morality may develop simultaneously in similar or divergent geographical and socio-ecological environments, including those with harsh conditions such as competition for scarce resources, potential intergroup conflict, and risks of disease transmission. In addition, harsh environmental conditions are usually present in almost all societies around the globe, and the presence of socio-ecological conditions such as physical security and prosperity, predominant in highly resourced populations, do not prevent the existence of exclusivist moral tendencies. My model explores a different perspective on the relationships between cultural, institutional, and historical factors, and the situated development of human morality. This supposes a clear distinction from previous approaches to the matter since it offers a different view on what we should do to pursue further instances of inclusivist social progress. In the fifth chapter, I first analyze the proposals of some defenders of the ‘dependency’ theory. The attention is focused on the ‘Evolutionary Developmental Model’ proposed by Buchanan and Powell (2018). Based on a critique of this approach, I will argue that to explain the evolution and development of human morality in its multiple manifestations, it is essential to put focus on social interactions. This also involves a different perspective on human-environment relations that in line with a constructivist worldview makes an innovative contribution to the philosophy of moral behavior and moral progress. Later, in the sixth chapter, I will define my alternative relational view of inclusivist morality and I will offer my view on how to establish favorable conditions that make inclusivist morality possible. Complementing the constructivist approach, my conception is based on the essential role of equality and individuality and on how moral inclusivity is favored if moral concerns do not develop driven by the accomplishment of group-centered, binding, and communitarian concerns and values. In brief, my relational model suggests that the accomplishment of moral inclusivity not only depends on the overall achievement of certain levels of physical security or economic prosperity. Instead, its development is favored by transforming the interactional contexts in which moral concerns towards autonomy and individuality emerge. In arguing so, I will need to start with a critique of contemporary situated and embodied approaches in ethics. Then, I will show how societies guided by the accomplishment of group-centered values of power, dominance, and relational inequality tend to express exclusivist moral behaviors, while individualistic societies tend to be more inclusivist. Starting from this diagnosis, my final attempt is then to reflect on which are the best conditions for the moral valuation of individuality to emerge and what we should do to promote the accomplishment of moral inclusivity at the societal level. (shrink)

Arthur Kaufmann is one of the most prominent figures among the contemporary philosophers of law in German speaking countries. For many years he was a director of the Institute of Philosophy of Law and Computer Sciences for Law at the University in Munich. Presently, he is a retired professor of this university. Rare in the contemporary legal thought, Arthur Kaufmann's philosophy of law is one with the highest ambitions — it aspires to pinpoint the ultimate foundations of law by explicitly (...) proposing an ontology, a general theory of knowledge and concept of a person. Kaufmann's work derives, first of all, from the thinking of Gustav Radburch, his teacher, and then from ideas of Karl Engish and Hans-Georg Gadamer. The philosophy undertakes to pursue the ultimate foundation of law, law which is understood by Kaufmann, first of all, as a "concrete judgement" that is, what is right in a concrete situation. Justice belongs to the essence of law and "unjust law" is contradictio in adiectio. Kaufmann opposes all those theories, which as the only foundation for establishing just law (Recht) adopt legal norms (Gesetz). In Kaufmann's opinion , such theories are powerless in the face of all types of distortions of law rendered by political forces. He suggests that the basic phenomenon which needs to be explained and which cannot be disregarded by a philosopher of law is so-called "legal lawlessness" ("Gestzliches Unrecht"). "Legal lawlessness" which forms a part of life experience for the people of twentieth century totalitarian states. It proved "with the accuracy of scientific experiment" that the reality of law consists of something more than bare conformity with legal norms. The existence of lex corrupta indicates that law contains something "non-dispositive" which requires acknowledgment of both law-maker and judge. Kaufmann, accepting the convergent concept of truth and cognition, assumes that "non-dispositive" content, emerging as the conformity of a number of cognitive acts of different subjects (inter-subjective communicativeness and verifiability), indicates the presence of being in this cognition. The questions "What is law?" and "What are the principles of a just solution?" lead straight to the ontology of law, to the question about the ontological foundations of law. Kaufmann discerns the ontological foundations of law in the specifically understood "nature of things" and, ultimately, in a "person". He proposes a procedural theory of justice, founded on a "person". In my work, I undertake to reconstruct the train of thought which led Kaufmann to the recognition of a "person" as the ontological foundation of law. In the first part, the conception of philosophy adopted by Kaufmann, initial characteristics of law — of reality which is the subject of analysis, as well as, the requirements for proper philosophical explanation of law posed by Kaufmann are introduced. In the second, Kaufmann's reconstruction of the process of the realisation of law is presented. Next, the conception of analogy which Kaufmann uses when explaining law is analyzed. In the fourth part, Kaufmann's conception of ontological foundations of law is discussed. A critical analysis is carried out in which I demonstrate that the theory of the ontological foundation of law proposed by Kaufmann and the concept of a person included in it do not allow a satisfac¬tory explanation of the phenomenon of "legal lawlessness" and lead to a number of difficulties in the philosophical explanation of law. Finally, the perspectives of a proper formulation of the issue of the ontological foundations of law are drafted in the context of the analyzed theory. My interest is centered on the conception of philosophy adopted by Kaufmann, according to which the existence of the reality is inferred on the basis of a certain configuration of the content of consciousness, whereas at the point of departure of philosophy of law, the data to be explained is a certain process, which is, basically, a process of cognition, while the reality appears only as a condition for the possibility of the occurrence of the process. I wish to argue that the difficulties which appear in the explanation of law are a consequence of the assumed fundamental philosophical solu¬tions, which seem to be characteristic, though usually not assumed explicitly, in philoso¬phy and theory of law dominant at present in continental Europe. Thereby, I wish to show the significance of ontological and epistemological solutions to the possibility of a proper formulation of the problems posed by philosophy and theory of law. Kaufmann proclaims himself in favour of a philosophy which poses questions about the ultimate foundations of understanding of the reality. In epistemology, he assumes that answers to the questions "What is reality like?" and ultimately "What is real?" are inferred on the basis of uniformity of a cognitive acts of different subjects. Cognition of the reality is accomplished exclusively through the content of conceptual material. The two fundamental questions posed by philosophy of law are "What is just law?" and "How is the just law enacted?" The latter is a question about the process of achieving a solution to a concrete case. Since, in Kaufmann's opinion, law does not exist apart from the process of its realisation, an answer to the question about the manner of realisation of law is of fundamental significance to answering the question: "What is law?" and to the explanation of the question about the ontological grounding of law, which is, as well, the foundation of justice. The proper solution has to take into account the moment of "non-dispositive" content of law; its positiveness understood as the reality and, at the same time, it has to point to the principles of the historical transformation of the content. Law, in the primary meaning of the word, always pertains, in Kaufmann's opinion, to a concrete case. A legal norm is solely the "possibility" of law and the entirely real law is ipsa res iusta, that which is just in a given situation. Determination of what is just takes place in a certain type of process performed by a judge (or by man confronted with a choice). Kaufmann aims to reconstruct this process. A question about the ontological foundation of law is a question about the ontological foundations of this process. In the analyzed theory it is formulated as a question about the transcendental conditions, necessary for the possibility of the occurrence of the process: how the reality should be thought to make possible the reconstructed process of the realisation of law. Kaufmann rejects the model for finding a concrete solution based on simple subsump¬tion and proposes a model in which concrete law ensues, based on inference by analogy, through the process of "bringing to conformity" that which is normative with that which is factual. Kaufmann distinguishes three levels in the process of the realisation of law. On the highest level, there are the fundamental legal principles, on the second legal norms, on the third — concrete solutions. The fundamental principles of law are general inasmuch as they cannot be "applied" directly to concrete conditions of life, however, they play an important part in establishing norms. A judge encounters a concrete situation and a system of legal norms. A life situation and norms are situated on inherently different levels of factuality and normativeness. In order to acquire a definite law both a norm (system of norms) and a life situation (Lebenssachverhalt) should undergo a kind of "treatment" which would allow a mutual conformity to be brought to them. Legal norms and definite conditions of life come together in the process of analogical inference in which the "factual state" ("Tatbestand") — which represents a norm, and in the "state of things" ("Sachverhalt") — which represents a specific situation are constructed. A "factual state" is a sense interpreted from a norm with respect to specific conditions of life. The "state of things" is a sense constructed on the basis of concrete conditions of life with respect to norms (system of norms). Legal norms and concrete conditions of life meet in one common sense established during the process of realisation of law. Mutatis mutandis the same refers to the process of composition of legal norms: as the acquisition of concrete law consists in a mutual "synchronization" of norms and concrete conditions of life, so acquisition of legal norms consists of bringing to conformity fundamental principles and possible conditions of life. According to Kaufmann, both of these processes are based on inference through analogy. As this inference is the heart of these processes it is simultaneously a foundation finding just law and justice. How does Kaufmann understand such an inference? As the basis for all justice he assumes a specifically interpreted distributive justice grounded on proportionality. Equality of relations is required between life conditions and their normative qualification. Concrete conditions of life are ascribed normative qualification not through simple application of a general norm. More likely, when we look for a solution we go from one concrete normative qualified case to another, through already known "applications" of norms to a new "application". The relation between life conditions and their normative qualifica¬tion has to be proportional to other, earlier or possible (thought of) assignments of that which is factual to that which is normative. Law as a whole does not consist of a set of norms, but only of a unity of relations. Since law is a, based on proportion, relative unity of a norm and conditions of life, in order to explain law in philosophical manner, the question about ontological base of this unity has to be asked. What is it that makes the relation between a norm and conditions of life "non-dispositive"? What is the basis for such an interpretation of a norm and case which makes it possible to bring a norm and conditions of life into mutual "conformity"? This is a question about a third thing (next to norms and conditions of life), with respect to which the relative identity between a norm and conditions of life occurs, about the intermediary between that which is normative and that which is factual and which provides for the process of establishing of norms, as well as, finding solutions. It is the "sense" in which the idea of law or legal norm and conditions of life have to be identical to be brought to mutual "conformity". In Kaufmann's opinion such a sense is nothing else but the "nature of things" which determines the normative qualification of the reality. Since establishment of this "sense" appears to be "non-dispositive" and controlled inter-subjectively (namely, other subjects will reach a similar result) so, in conformity with the convergent concept of truth, the "nature of things" must be assigned a certain ontological status. According to Kaufmann this is a real relation which occurs between being and obligation, between the conditions of life and normative quality. However, it should be underlined that from the point of view of the analyzed system the "nature of things" is a correlate of constructed sense, a result of a construction which is based on the principle of consistent understanding of senses ("non-normative" and "normative") and is not a reality which is transcendent against the arrangement of senses. In Kaufmann's theory, inference from analogy appears to be a process of reshaping the concepts (senses) governed by tendency to understand the contents appearing in relations between that which is factual and that which is normative in a consistent way. The analogical structure of language (concepts) and recognition of being as composed of an essence and existence is an indispensable requirement for the possibility of the realisation of law, based on specifically understood inference from analogy. It is necessary to assume a moment of existence without content which ensures unity of cognition. Existence emerges thus as a condition of the possibility of cognition. According to Kaufmann, the "nature of things" is the heart of inference through analogy and the basis for establishment of finding of law. Inference from the "state of things" to a norm or from a norm to the "state of things" always means inference through the "nature of things". The "nature of things" is the proper medium of objective legal sense sought in every cognition of law. In Kaufmann's view, the question whether the "nature of things" is ultima ratio of interpretation of law or is only a means of supplement gaps in law or whether it is one of the sources of law, is posed wrongly. The "nature of things" serves neither to supplement the gaps nor is it a source of law as, for example, a legal norm may be. It is a certain kind of "catalyst" necessary in every act of making law and solving a concrete case. Owing to "nature of things" it is possible to bring to a mutual conformity the idea of law and possible conditions of life or legal norms and concrete conditions of life. In Kaufmann's conception the "nature of things" is not yet the ultimate basis for understanding the "non-dispositiveness" of law. The relation between obligation and being is determined in the process of the realisation of law. Both the process itself and that which is transformed in this process are given. A question about the ontological bases of "material" contents undergoing "treatment" in the process of the realisation of law and about being which is the basis of regularity of the occurrence of the process arises. Only this will allow an explanation that the result of the process is not optional. Thus, a question about reality to which law refers and about the subject realising the law has to be formed. To this, Kaufmann gives the following answer: that which is missing is man but not "empirical man" but man as a "person". A "person" understood as a set of relations between man and other people and things. A "person" is the intermediary between those things which are different — norm and case are brought to conformity. A "person" is that which is given and permanent in the process of the realisation of law. It determines the content of law, is "subject" of law; this aspect is described by Kaufmann as the "what" of the process of realisation of law. A "person" consists of precisely just these relations which undergo "treatment" in the process. On the other hand, a "person" is "a place" in which the processes of realisation of law occur, it is the "how" of normative discourse, a "person" is that which determines the procedure of the process, being "outside" of it. This aspect of a "person" is connected with the formal moment of law. A "person" being, at the same time, the "how" and the "what" of the process of the realisation of law, is also, to put it differently, a structural unity of relation and that which constitutes this relation (unity of relatio and relata). According to this approach a "person" is neither an object nor a subject. It exists only "in between". It is not substance. Law is the relation between being and obligation. That which is obligatory is connected with that which is general. That which is general does not exist on its own, it is not completely real. Accordingly, a "person" as such is also not real. It is relational, dynamic and historical. A "person" is not a state but an event. In Kaufmann's opinion, such a concept of a "person" helps to avoid the difficulties connected with the fungibility of law in classical legal positivism. A "person" is that which is given, which is not at free disposal and secures the moment of "non-dispositiveness" of law. Kaufmann concludes: "The idea (»nature«) of law is either the idea of a personal man or is nothing". Theory points at the structure of realising law and explains the process of adoption of general legal norms for a concrete situation. The analysis has shown however, that in this theory a satisfactory answer to the question about the ultimate foundations of law is not given. It seems that in the analyzed theory the understanding of human being takes place through understanding of law. What is good for man as a "person", what is just, what a "person" deserves may be determined only against the existing system of law. A "per¬son" adopted as a basis of law is the reality postulated in the analysis of the process of the realisation of law. It is a condition of possibility of this process ( explaining, on one hand, its unity and, on the other hand, the non-dispositive moments stated in this process). A "person" in the discussed theory is entirely defined by the structure of law, it can be nothing more than that which is given in law, what law refers to, what law is about. Being, which is a "person", is constituted by relations between people and objects, the relations which are based on fundamental links between norms and conditions of life established in a process of bringing them to conformity. It has to be assumed that man as a "person" is a subject of law only as far as realising law "treats" given senses according to their current configuration. The system of law is a starting point and it describes in content what man is as a "person". Moreover, being a "person" is the condition for entering legal relations. Consistently, Kaufmann writes that "empirical man" is not the subject of law, man is not "out of nature" a "person". People become "persons" due to the fact that they acknowledge each other as "persons" — acknowledging, at the same time, law. This acknowledgement is a con¬dition of existence, of the possibility of the occurrence of process of realisation of law and of constituting legal relations which ultimately constitute a "person". Kaufmann assumes, that law tends towards a moral aim: it may and must create an external freedom, without which the internal freedom to fulfil moral obligations cannot develop. However, this postulate is not based on the necessary structure of human being. From the point of view of his system, it is nothing more than only a condition for the possibility of the occurrence of the process of the realisation of law — lack of freedom would destroy the "how" of this process. Thus, the postulate to protect the freedom of personal acts has to be interpreted, in accordance with the analyzed theory, as a postulate, the fulfilment of which aims ultimately at the accomplishment of the very same process of realisation of law itself and not the realisation of a given man. Kaufmann considers a "person" to be an element which unites the system of law as a whole. Law is a structure of relations, which are interdependent and inter-contingent. Consequently, a "person" which is to form the ontological basis of law has to be entity consisting of all relations. Being also the "how" of the process of realisation of law, if a "person" is to warrant its unity, it has to be a common source for all procedures. Hence, a single "person" would constitute a subject of law. Man appears to be only a moment of a certain entirety, realisation of which should be an aim of his actions. Law, creating a "person" as an object and subject of law becomes a primary entity. In the analyzed theory, the basis for determination of aims which law sets to man is not the allocation of man-subject to something which improves him but rather, such relation is only just constituted by law. A question appears, why should aims set in law also be the aims of "empirical man"? Why is this "empirical man" to be punished in the name of a "person" understood in such a way? If, however, it is assumed that what is man is determined by a system which is superior to him, then man has to be understood only as a part of a whole and there are no grounds to prohibit istrumental treatment of man and so the road to all aspects of totalitarianism might be opened. A problem of the application of created theory to the reality arises, the reality which the theory pretends to explain. Ultimately in his theory Kaufmann does not give any systemic grounds for a radical questioning of the validity of any legal norms. Every new norm becomes an equal part of system of norms. It is only its interpretation and application to given conditions of life that may be disputable, however, this refers to all norms without exception. Cohesive inter-pretation of norms and applications is necessary and sufficient for the acquisition of just law. New norms have to be interpreted in the light of others, correspondingly, the other norms require reinterpretation in the light of the new ones. Contradiction in interpretation of a norm does not form a basis for questioning norms but may serve only to question the manner of their interpretation (understanding). Therefore, no grounds exist to assume any legal norm as criminal or unjust, and in consequence, to question any consistently realised system based on formally, properly established norms, as "legal lawlessness". As law and a "person" do not exist without the process of realisation of law, the role of legal safety becomes crucial as the condition for the possibility of the occurrence of the process of realisation of law. Denying legal safety would be tantamount to negation of law in general (also of moral law) as negation of safety takes away, at the same time, the basis for occurrence of the process of realisation of law. Moreover, any lack of legal safety would also mean lack of a basis for the existence of man as a "person". Kaufmann's thesis, that civil disobedience is legalized only when it has a chance to lead to success, consistent with his concept of the foundations of law, seems to point directly to conclusions which deny the facts taken under consideration and doubtlessly Kaufmann's own intentions, since it would have to be assumed that accordingly there are no grounds to question a legal system in force based on violence which secures its operation. Force finally seems to determine which one of the mutually irreconcilable normative systems constitute law and which does not. A legitimate position is one which leads to success, it is the weaker system which is negated. If so, then basically violent imposition of law is not an act directed against the law in force but, to the contrary, realisation of law. In the context of the new system the former system of law may be talked about as unjust solely in the sense of being incapable of being consistently united with the new. However, at the base, ultimately, lies force which reaffirms differences and excludes from the process of realisation of law certain norms and their interpretations. Kaufmann was aiming at grounding of that which is "non-dispositive" in a certain given framework of interpretation. Nevertheless, he does not provide foundations for the understanding of phenomena, which he undertakes to explain at a point of departure. Instead of explaining them the theory negates the possibility of their existence. The reality postulated in regard to "non-dispositive" moments of the reconstructed process of acquiring law consist of a specifically understood "person", which appears in Kaufmann's conceptions as a condition of the possibility of the realisation of law. According to this approach understanding of a "person" may be only a function of law. To understand "legal lawlessness" and foundations of justice it is necessary to look for such theory of law in which understanding of man as a "person" and being is not a function of understanding of law (in which a "person" is not only a condition for possibility of reconstructed process of realisation of law; for possibility of cognition processes). It seems necessary to start from theory of being and a "person" based on broader experience than the one assumed by Kaufmann and reconstruct the ontological foundations of the process of realisation of law only in such perspective. Kaufmann points out that that to which law refers is ipsa res iusta a concrete relation of man to other people and things. This relation, in his theory, appears to be basically only just constituted by law (normative senses "applied" to conditions of life). Therefore, understanding the relation between a given man and other people and things which constitute the aim of his actions, that is understanding of good, is enacted against the background of constitution of senses; constitution which is a result of a process aiming towards consistent understanding of particular contents (of nor¬mative and non-normative senses). "Being" is secondary towards constructed senses it is only their correlate. The primary relation consists of relation of a man to law (system of norms), while the secondary relation is one of man to something which is the aim of his action (relation between man and good). Considering such approach it is difficult to envision a satisfying answer to the fundamental question: why does law put concrete man under any obligation to obey it? The source of this problem can be seen in reduction of the base for understanding good to content of obligation formulated in auto-reflection. Such reduction seems to be a consequence of Kaufmann's adoption of "convergent concept of truth" and in con¬sequence his recognition of indirect, essentialistic grasp of reality formulated in concepts as the basic and only foundation of theory of being and of law. In view of such an approach, analogy of law, concepts and being is the condition for the possibility of the process of transformation of senses which aims at consistent interpretation of all law. Existence is postulated with respect to the possibility of unity of experience and cognition. However, also a different approach to understanding of the problem of being and good is possible. In spontaneous cognition being is affirmed, first of all, not as a certain, non-contradictory, determined content, but as something existing. Together with a cer¬tain content (passed indirectly through notions) existence of being is co-given. The basis for unity of being is not formed by the consistence of content, as it is in the case of the theories departing from the analysis of cognition processes, but by an act of existence realising content (essence). Such an approach makes it also possible to go beyond the convergent concept of truth. It is worth mentioning that allocation of an agent to good is realised not only by the content of duty. A statement that something is good is primary with respect to determination of this good in content. The recognised good always bears some content, however, there are no reasons to base the concept of good exclusively on indirect, formulated in concepts cognition. As primary, can be adopted the relation of man to good and not of man to law. Determination in content appears to be only an articulation of aspectual cognition of being, as an object of action. In such a case the basis for relative unity of norm and conditions of life is not the "nature of things" understood as correlate of sense but it is relation to good based on internal constitution of man as potential, not self-sufficient being. It does not mean, that the moments of the process of realisation of law singled out by Kaufmann are not important to determination of what is just. He, quite rightly, points to significant role played by norms in the evaluation of concrete situations, in man's search for closer specification in content of good innate to him. The structure of process of determining law for a concrete situation, to a great degree corresponds to the processes of determining law which take place not only in the legal sciences. Kaufmann's analyses of the process of realisation of law show the complexity of the structure of these processes and point towards important moments allowing a better understanding of law and man. Nevertheless, these analyses cannot be a basis for construction of philosophical theory of law, theory which hopes to point out the ultimate, ontological foundations for understanding law. Kaufmann's results may become fully valid only in a more general perspective including broader experience at the point of departure. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:The Journal of Speculative Philosophy 17.1 (2003) 73-75 [Access article in PDF] Retrieving Experience: Subjectivity and Recognition in Feminist Politics. Sonia Kruks. Ithaca and London: Cornell University Press, 2001. Pp. xii + 200. $35.00 h.c. 0-8014-3387-8; $16.95 pbk. 0-8014-8417-0. Sonia Kruks' latest book, Retrieving Experience, is a valuable contribution to ongoing debates about the relevance of feminist philosophy in a period of relative political quietism. It also offers timely (...) reminders of historical continuities between phenomenological and postmodern conceptions of subjectivity and political engagement. Drawing on Merleau-Ponty, Beauvoir, Fanon, and the later Sartre, Kruks proposes to "explore women's embodied experiences" and to "ask whether they might not offer some means to help build affective bonds among women who are in many ways radically different from one another" (6). The book approaches this task by means of two secondary issues. First, should feminist thought be oriented by phenomenological or postmodernist theoretical strategies? Second, can women's embodied experience be the conceptual basis for political and epistemological practices that avoid the pitfalls of "identity politics" or an "epistemology of provenance"? The answer to both questions comes through the notion of praxis developed in Sartre's Critique of Dialectical Reason. By thinking of embodiment as praxis or work, a strategy implicit in Beauvoir's idea that "one is not born, but rather becomes, a woman." Kruks seeks to resolve the ethical affront of finding one's individuality reduced to the "generality" of a collective—the ethical affront to which feminists of various generations and theoretical persuasions must respond.Retrieving Experience explores the significance of recognition as a political norm. Identifying Sartre's Anti-Semite and Jew as a pivotal work in the history of identitarian theorizing, she situates recent appeals for race- and gender-based political mobilization in the United States with respect to the dialectical relationship between the Look, shame, and recognition existentialists observed in situations of anti-Semitic and colonial domination during and immediately after the Second World War. Legitimating knowledge gained under oppressive conditions formed an important element of African, Southeast Asian, and ultimately African-American and feminist resistance to cultural imperialism. However, Kruks warns, discourses of "recognition" risk placing the blame for group domination on individuals' face-to-face interactions while concealing the role of state and economic institutions in enabling social disdain to systematically damage a group's quality of life. Moreover, they suggest that the experience of subjugation alone justifies knowledge claims or counts, without further elaboration, as an act of political engagement. Kruks argues that knowers and actors need to identify conceptual and practical mediations enabling individual interactions, experiences, and strategies to prompt the recognition and transformation of [End Page 73] group situations. Sartre's notion of praxis, she suggests, explains how an individual can participate in a collectivity while acting autonomously or acquiescing to subjection.The most important passages in Retrieving Experience examine the affective aspects of the decision to take up a political identity or engage in political action. Going beyond Sartre's account of mediations, Kruks suggests that the sensory and emotional qualities of embodiment are themselves mediators, the products of praxis as well as its vehicles. Since any act of social knowledge involves the emotions, affect plays an important role in the process whereby individuals from different cultural, economic, and bodily situations learn about and shape one another's' environment through the act of knowledge. Individuals, then, may have a moral responsibility to learn about others in a way that gives them "sympathetic bodies." Drawing on Maria Lugones' social epistemology, Kruks argues that "world-traveling" or existing simultaneously in several communities or sets of power relations is a bodily act, but also a fully cultural, ethical act rather than a natural way of being. One is not born, but becomes, an embodied knower. Understanding female embodiment as a kind of work or "world-traveling" praxis enables feminist solidarity—"respectful recognition" to replace a historically implausible "sisterhood" or a distinct epistemological perspective as a regulative ideal for feminist politics.But how far can the... (shrink)

This book argues that moral philosophy should be based on seven scientific principles of theory selection. It then argues that a new moral theory—Rightness as Fairness—satisfies those principles more successfully than existing theories. Chapter 1 explicates the seven principles of theory-selection, arguing that moral philosophy must conform to them to be truth-apt. Chapter 2 argues those principles jointly support founding moral philosophy in known facts of empirical moral psychology: specifically, our capacities for mental time-travel and (...) modal imagination. Chapter 2 then shows that these capacities present human decisionmakers with a problem of diachronic rationality that includes but generalizes beyond, L.A. Paul’s problem of transformative experience: a problem that I call “the problem of possible future selves.” Chapter 3 then argues that a new principle of rationality—the Categorical-Instrumental Imperative—is the only rational solution to this problem, as it requires our present and future selves to forge and uphold a recursive, bi-directional contract with each another given mutual recognition of the problem. Chapter 4 then shows that the Categorical-Instrumental Imperative has three identical formulations analogous but superior to Immanuel Kant’s various formulations of his ‘categorical imperative.’ Chapter 5 shows that these unified formulas jointly entail a particular test of moral principles: a Moral Original Position similar to John Rawls’ famous ‘original position’, but which avoids a variety of problems with Rawls' model. Chapter 6 then shows that the Moral Original Position generates Four Principles of Fairness, which can then be combined into a single principle of moral rightness: Rightness as Fairness. This new conception of rightness is shown to reconcile four dominant moral frameworks (deontology, consequentialism, virtue ethics, and contractualism), as well as entail a new method of moral decisionmaking for applied ethics: a method of “principled fair negotiation” according to which applied ethical issues cannot be wholly resolved through principled debate, but must instead be resolved by actual negotiation and compromise. This method is then argued to generate novel, nuanced analyses of a variety of applied moral issues, including trolley cases, torture, and the ethical treatment of nonhuman animals. Chapter 7 then shows that Rightness as Fairness reconciles three leading political frameworks—libertarianism, egalitarianism, and communitarianism—showing how all three embody legitimate moral ideals that can, and should, be fairly negotiated against each other to settle the scope, and nature, of domestic, international, and global justice on an ongoing, iterated basis. Finally, Chapter 8 argues that Rightness as Fairness satisfies all seven of the principles of theory-selected defended in Chapter 1 more successfully than rival theories. (shrink)

Background: In the last two decades, nursing authors have published ethical analyses of palliative sedation—an end-of-life care practice that also receives significant attention in the broader medical and bioethics literature. This nursing literature is important, because it contributes to disciplinary understandings about nursing values and responsibilities in end-of-life care. Research aim: The purpose of this project is to review existing nursing ethics literature about palliative sedation, and to analyze how nurses’ moral identities are portrayed within this literature. Research design: (...) We reviewed discussion papers, written by nurses about the ethics of palliative sedation, which were cited in MEDLINE, CINAHL, Nursing and Allied Health, or Philosopher’s Index (search date March 2018). Twenty-one papers met selection criteria. We performed a comprehensive review and analysis (using the Qualitative Analysis Guide of Leuven), of the values, responsibilities, and relationships reflected in authors’ portrayal of the nursing role. Findings: Two different tones are apparent in the extant nursing ethics literature. One is educational, while the other is critically reflective. Irrespective of tone, all authors agree on the alleviation of suffering as a fundamental nursing responsibility. However, they differ in their analysis of this responsibility in relation to other values in end-of-life care, including those that depend on consciousness. Finally, authors emphasize the importance of subjective and experience-based understandings of palliative sedation, which they argue as depending on nurses’ proximity to patients and families in end-of-life care. Discussion and conclusion: Based on our findings, we develop three recommendations for future writing by nurses about palliative sedation. These relate to the responsibility of recognizing how consciousness might matter in (some) peoples’ moral experiences of death and dying, to the importance of moral reflectiveness in nursing practice, and to the value of a relational approach in conceptualizing the nursing ethics of palliative sedation. (shrink)

All efforts undertaken so far to establish peace between Israel and the Palestinians have failed to seriously address the right of return of the Palestinian refugees. This failure stemmed from a conviction that the question of historical justice in general had to be avoided. Since justice is a subjective construct, it was argued, allowing it to become a subject of negotiation would only perpetuate the conflict. However, the experience of these peace efforts has shown that without solving the problem of (...) the Palestinian refugees an agreement cannot be reached. And the problem cannot possibly be solved without addressing the key Palestinian demand on this issue — the right of return. For both sides, the right of return, more than any other issue, touches on the essence of their history since the beginning of the conflict between them, and on their future. The national narrative of each side thus centers on its version of the history of the 1948 Arab-Israeli war, in the course of which the Palestinian refugee problem was created. And each side maintains the fundamental belief that its future national existence hinges on whether, and how, the issue of the right of return is resolved. For the Palestinians, the right of return is an inalienable right that defines their national identity and their struggle for liberation. For Israeli Jews, the right of return is perceived as an existential threat to the Jewish character of their society, if not to its very existence. It is not surprising, therefore, that within each of the two societies a national consensus has been built around this issue and that the position of each society seems to stand in complete opposition to that of the other. However, we argue that a morally and politically sound basis could and should be established for a workable solution and that such a basis can be provided by the notion of "transitional justice." Transitional justice stresses two major steps as necessary for reconciliation between parties involved in an historic conflict: recognition and restitution. Recognition entails revealing the historical truth about the injustices committed and according their victims dignity and respect as rights-bearing human beings. Restitution is meant to alleviate some of the material deprivation suffered by the victims and is also a form of recognition. In the Israeli-Palestinian case, recognition by Israel of the right of return would entail its assumption of responsibility for the uprooting of the majority of Palestinian society in 1948. This would satisfy a demand that has become a fundamental element in Palestinian national identity. Recognition would then enable the two parties to enter negotiations over restitution, in particular the implementation of the right of return. In these negotiations, as many Palestinian political leaders have indicated, the concerns of Israeli Jews with their national identity would be taken into account. Only if the fundamental concerns of the two parties, which center on the issue of the right of return, are met can the road towards reconciliation between them be opened. (shrink)

In The Experience of Injustice, the French philosopher Emmanuel Renault opens an important new chapter in critical theory. He brings together political theory, critical social science, and a keen sense of the power of popular movements to offer a forceful vision of social justice. Questioning normative political philosophy’s conception of justice, Renault gives an account of injustice as the denial of recognition, placing the experience of social suffering at the heart of contemporary critical theory. Inspired by Axel Honneth, Renault argues (...) that a radicalized version of Honneth’s ethics of recognition can provide a systematic alternative to the liberal-democratic projects of such thinkers as Rawls and Habermas. Renault reformulates Honneth’s theory as a framework founded on experiences of injustice. He develops a complex, psychoanalytically rich account of suffering, disaffiliation, and identity loss to explain these experiences as denials of recognition, linking everyday injustice to a robust defense of the politicization of identity in social struggles. Engaging contemporary French and German critical theory alongside interdisciplinary tools from sociology, psychoanalysis, socialist political theory, social-movement theory, and philosophy, Renault articulates the importance of a theory of recognition for the resurgence of social critique. (shrink)

The 4th volume of “Manuscripts and Speeches” by the prominent contemporary thinker Paul Ricoeur (1913‑2005) contains works discussing one of his central themes — the problem of a common existence of men considered from the point of view of politics, economics, power, law, culture, morality, and ethics. At the same time, the French thinker specifically highlights and discusses such burning problems of modern life as mutual recognition, the fragility of human existence and earthly civilization in general, tolerance, care, (...) justice, responsibility for the future of humanity, for the very idea of man. In a number of works, Ricoeur expresses his views on the possible future of Europe — on its new ethos overcoming the boundaries and structures of national states, on the combination of their “identity” and “otherness” at the global level. Translation from one language to another as a kind of a priori communication, exchange of memory as a preliminary transfer to a different cultural environment, forgiveness that stems from the suffering of others and raises the question of the burden of debt, — all this is being considered as a models of integration. Originally presented at philosophical congresses and symposia, as well as qua journal publications, the highlighted problems were fundamentally studied by the philosopher in his works “History and Truth” (1955), “Oneself as Another” (1990), “Ethics and Responsibility” (1994), “The Just” (vols. 1, 2 — 1995, 2001), “Ideology and Utopia” (1997), “Memory, History, Oblivion” (2000), “The Way of Recognition” (2004). The book “Paul Ricoeur. Politics, Economics and Society. Manuscripts and Speeches 4” is addressed to philosophers, cultural and political scientists and scholars representing different branches of humanitarian studies, as well as to readers interested in contemporary philosophy. (shrink)

I defend an account of moral responsibility for implicit bias that is sensitive to both normative and pragmatic constraints: an acceptable theory of moral responsibility must not only do justice to our moral experience and agency, but also issue directives that are psychologically effective in bringing about positive changes in judgment and behavior. I begin by offering a conceptual genealogy of two different concepts of moral responsibility that arise from two distinct sources of philosophical concerns. We (...) are morally responsible for our actions in first sense only when those actions reflect our identities as moral agents—that is, when they are attributable to us as manifestations of our character, attitudes, ends, commitments, or values. On the other hand, we are responsible in the second sense when it is appropriate for others to enforce certain demands and expectations on those actions—in other words, to hold us accountable for them. I argue that we may sometimes lack attributability for actions caused by implicit bias, but that even then we are still accountable for them. Next, I expand beyond individual actions at a particular time to patterns of action across time, to consider what we can reasonably be expected to do when it comes to avoiding and eliminating implicit bias in our selves. By thinking of these expectations as grounded in imperfect duties, I show, we can expand our moral repertoire to include non-appraising critical moral responses, in addition to appraisal-based responses such as blame and punishment. Finally, I move beyond the actions of individuals to address the question of responsibility for eliminating the social conditions that breed implicit biases in the first place. I argue that accountability requires us not only to conform to a system of demands and expectations, but also to collectively organize to reform the system itself. By elaborating these multiple dimensions of moral responsibility—attributability versus accountability, particular versus patterns of action, individual versus collective—I demonstrate that the project of developing better practices of moral responsibility is continuous with, and thus contributes to, larger struggles for social equality and justice. (shrink)

While psychologists and political scientists have long investigated issues of interest to philosophers, the development of political experimental philosophy has remained limited. This slow progress is surprising, given that political philosophers commonly acknowledge the relevance of empirical data for normative theorizing. In this chapter, we illustrate the importance of empirical data by outlining recent developments in three domains related to theories of justice, where empirical results reinforce or endanger popular philosophical theories. Our first showcase concerns the boundaries of the concept (...) of fairness. While both libertarian thinkers and social egalitarians have united in rejecting the concept of natural injustice, we show that people do consider that unpreventable natural inequalities can be described as unfair. Second, we take the example of impartiality devices, such as the veil of ignorance or the idea of an impartial spectator, to show that such devices are efficient at shifting people’s intuitions in a more impartial manner. Third, we review empirical data on fairness intuitions to show that people conform to a pluralist theory of justice, valuing desert, needs-satisfaction, and equality at the same time. However, distribution according to desert enjoys a privileged position: people mostly care for the satisfaction of basic needs of deserving recipients, and people are willing to tolerate large inequalities in meritocratic contexts. The centrality of desert leads to dilemmas for mainstream egalitarian theorists, as theories that do not recognize the value of desert could fail to find support or legitimacy within the population. (shrink)

The ideal model of a just society defended by John Rawls entails the existence of certain institutions—those that form the basic structure of society—that guarantee citizens' basic rights and liberties, equality of opportunity, and access to material resources. Such a model also presupposes a certain account of reasonable citizenship. In particular, reasonable citizens will have a set of moral capacities and dispositions and will voluntarily support just institutions. According to Rawls, the need for such citizens is related to (...) the following important consideration in favor of a normative theory of justice: that it be stable. That is, such a theory must be capable of generating its own support over time. This means that it has to be possible for citizens to come to endorse the theory's principles of justice, integrating them into their personal conceptions of the good life. Rawls explicitly draws attention to the stability requirement on ideal theories of justice. Somewhat surprisingly, when Rawls explains how a widespread and deep moral consensus on the principles of justice might be generated in actual societies—a problem that is closely related to the issue of how such consensus could be maintained over time—he pays very little attention to the potential contribution of schools to the production of reasonable citizens. This neglect can be explained, in part, by his confidence that the functioning of just institutions will spontaneously generate, in citizens who live under them, the necessary support for principles of justice and will encourage the development and exercise of the virtues characteristic of reasonable citizens. But this confidence seems misplaced. (shrink)

"What does it really mean to "be undocumented," particularly in the contemporary United States? Political philosophers, policymakers and others often define the term "undocumented migrant" legalistically-that is, in terms of lacking legal authorization to live and work in one's current country of residence. Socially Undocumented: Identity and Immigration Justice challenges such a pure "legalistic understanding" by arguing that being undocumented should not always be conceptualized along such lines. To be socially undocumented, it argues, is to possess a real, visible, and (...) embodied social identity that does not always track one's actual legal status in the United States. By integrating a descriptive/phenomenological account of socially undocumented identity with a normative/political account of how the oppression with which it is associated ought to be dealt with as a matter of social justice, this book offers a new vision of immigration ethics. It addresses concrete ethical challenges associated with immigration, such as the question of whether open borders are morally required, the militarization of the Mexico-U.S. border, the perilous journey that many Mexican and Central American migrants undertake to get to the United States, the difficult experiences of many socially undocumented women who cross U.S. borders to seek prenatal care while visibly pregnant, and more"--. (shrink)

Unemployment is one of the greatest social problems all around the world including in modern capitalistic welfare states. Therefore its social critique is a necessary task for any critical social philosophy such as Axel Honneth's recognition approach, which understands social justice in terms of social conditions of recognition. This paper aims to develop an evaluation of unemployment and its moral weight from this perspective. I will lay out the recognition approach and present a moral evaluation of unemployment as (...) socially unjust based on the knowledge of its negative consequences for those affected. I will then discuss two objections to this conclusion, namely that a mere correlation of suffering and moral wrongness is not enough and that there are legitimate differences in the experience of recognition which could justify the existence of unemployment as deserved. In the next section, I will then refute both objections and first show that unemployment can be understood as socially unjust based on the knowledge that it is involuntary and that the unemployed are not responsible for their condition. Then I will discuss the relationship between the idea of meritocracy and unemployment to examine the assumption of unemployment as being deserved. I will finally conclude that unemployment is not a necessary side effect of meritocracy and that there are good reasons to argue for a moral and justified obligation to provide an actual access to paid work for all who want to work. However, such changes face serious obstacles and are not likely to happen under the current interpretation of meritocracy and social esteem which are one-sided and flawed. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Menkiti's Moral Man by Oritsegbubemi Anthony OyowePolycarp IkuenobeOYOWE, Oritsegbubemi Anthony. Menkiti's Moral Man. Lanham, Md.: Lexington Books, 2022. xii + 221 pp. Cloth, $100.00Oyowe critically examines the various threads in, issues raised by, and implications of Menkiti's maximal conception of personhood, against the backdrop of various criticisms, including his own. He indicates that, as "a repentant critic," he does "not deny the merits of these criticisms," (...) but he is "convinced that there are resources in Menkiti's general account for tackling them."In chapter 1, Oyowe examines how Menkiti uses the idea of community to foreground his normative view of personhood, in order to illuminate the African idea that one is a person because of, and through relationships with, other persons in a community. This indicates that one's existence or [End Page 356] identity has necessary external elements of cultural belonging, in addition to internal intrinsic elements. These cultural elements require ontological progression that involves a process of social-moral incorporation into communal practices and norms. Oyowe argues that while this conception is plausible, it raises questions regarding oppressive cultures and their effects on individuals. He indicates that the kind of person that emerges from this conception is a "soft" social entity.Chapter 2 examines the issue of the nature of the relationship between persons (as soft social entities) and community, and the implications for individual autonomy, practical reasoning, and moral agency. Oyowe argues that the pertinent issue is not whether the individual should have moral or ontological priority over the community or vice versa, but the aspect of individuality that is conducive to what we cherish about the community. This is because Menkiti presupposes that in order to be a maximal person, one must have intrinsic capacities for moral agency to take on communal functions and duties. But the community creates the conditions for individuals to express individuality and autonomy, engage in practical reasoning, and make the choice to conform with communal norms in order to be recognized as persons.So, the maximal conception of personhood raises issues about the nature of entities that deserve a moral status. Chapter 3 examines the moral status of infants, people with cognitive impairment, the senile, nonhuman animals, and the moral duties that people have toward these entities. If we understand personhood as failing to extend moral status to these entities, such a view might be charged with speciesism and anthropocentrism. Oyowe argues that a plausible interpretation of personhood, in the context of the communal priority of duties, suggests that people have certain responsibilities toward human and nonhuman nonpersons. This interpretation is grounded in Menkiti's distinction between "deserving justice"—which is not based on having certain intrinsic properties, moral capacities, or cognitive abilities—and "being a person." Because Menkiti insists that persons ought to be able to use their capacities to perform requisite communal duties, personhood must involve an obligation to consider the interests of nonpersons and a community of respect for those who deserve justice.Chapter 4 examines the dilemma created by the social architecture of a community's cultural traditions, institutions, expectations, norms, and practices that are necessary for personhood and social identity. While such architecture is capable of supporting the achievement of personhood, it could also be restrictive. He uses Chinua Achebe's novel, Things Fall Apart, to illuminate how the structures for recognizing persons that are oppressive of and biased against women could be disguised. Although Menkiti does not address this issue, his conception of personhood highlights the problem of social justice for women because relevant social architecture may exclude women from equal and full communal recognition and participation. An appreciation of this problem [End Page 357] introduces an alternative way of understanding social justice in terms of communal recognition or lack thereof.In chapter 5, Oyowe uses the intuitions underlying Locke's distinction between "person" and "human being" to illuminate Menkiti's account of personhood. Person and human being are not identical because they have different persistent conditions. Persons persist by virtue of mental capacities and practical relevance that are developed after one is identified as a human organism. This raises the issues of (a) whether being a... (shrink)

This essay critically examines justificatory arguments on behalf of justice for nonmainstream groups, focusing on two demands. The first is for mainstream groups to provide recognition by "fusing horizons" with the oral traditions of nonmainstream groups. Fusing horizons requires members of mainstream cultures to be transformed by the study of the other and thus to avoid ethnocentric evaluations of others. This demand involves the problematic idea that mainstream cultural norms and traditions are a priori morally deficient to evaluate alternative cultural (...) norms. The second demand is to provide group-differentiated rights on terms that aim to protect disadvantaged minority cultures because they provide a horizon for autonomous choice, not because their customs make a presumptive claim for others' recognition. This demand may produce legal rights, but not recognition in a psychologically robust sense insofar as it secures rights on terms that are foreign to the comprehensive goods according to which minority cultures understand and esteem themselves. The aim of this paper is to distinguish between these two demands, explain each as resulting from different specifications of equality, and suggest how the need to balance recognition and rights might occur in political practical reasoning. (shrink)

Background Nurses tasked with providing care which they perceive as increasing suffering often experience moral distress. Response to moral distress in nurse wellbeing has been widely studied. Less research exists that probes practicing nurses’ foundations of moral beliefs. Aims The purpose of this phenomenological study was to gain understanding of nurse meaning-making of morally distressing situations, with particular attention to ethical norms, moral agency and resiliency, and nurse religious/spiritual orientation. Design This exploratory study employed semi-structured interviews (...) using open-ended questions. Qualitative data analysis was assisted by MAXQDA software. Participants and research context Nine pulmonary care nurses during COVID-19 in a tertiary care teaching hospital in the northeastern United States. Ethical considerations The study was approved by the IRB. Participants were consented before the study and confidentiality was preserved. Findings/results The study revealed three main themes of meaning-making, rooted in the identity of the “good nurse”: Being true to one’s own values, pursuing ideal patient care (“doing good”), and conforming to/challenging values of the system and culture. Tensions were found between (a) nurse’s own values (b) duty to institutional norms and duty to nurse’s personal code of ethics, and (c) perceptions of institutional support in response to nurse moral distress. Religion was described as a remote source of nurse moral values, among other sources. Spiritual practices were not experienced as sufficient in coping with moral distress at the bedside. Conclusions The study suggests nurses need more opportunities to engage in reflection on their practice and values. The findings also indicate need for accessible institutional supports for nurses experiencing moral distress and strategic use of chaplains in helping with moral distress. Further research is needed on the interplay of nurse spirituality, moral agency, and reflective practice in the face of morally challenging situations. (shrink)

The author asks: Is there a case for redefining toleration as the recognition of excluded identities? He is inclined to answer no. Liberal democratic states, should of course recognise disfavoured groups by registering the normality of their members and the justice of their claims but must resist recognition in any stronger sense. Appropriate recognition consists in confronting the live contemporary issues of exclusion and of ethnic and national injustice by compensatory policies and constitutional innovations.

Background: Recent literature on addiction and judgments about the characteristics of agents has focused on the implications of adopting a ‘brain disease’ versus ‘moral weakness’ model of addiction. Typically, such judgments have to do with what capacities an agent has (e.g., the ability to abstain from substance use). Much less work, however, has been conducted on the relationship between addiction and judgments about an agent’s identity, including whether or to what extent an individual is seen as the same person (...) after becoming addicted. Methods: We conducted a series of vignette-based experiments (total N = 3,620) to assess lay attitudes concerning addiction and identity persistence, systematically manipulating key characteristics of agents and their drug of addiction. Conclusions: In Study 1, we found that US participants judged an agent who became addicted to drugs as being closer to ‘a completely different person’ than ‘completely the same person’ as the agent who existed prior to the addiction. In Studies 2-6, we investigated the intuitive basis for this result, finding that lay judgments of altered identity as a consequence of drug use and addiction are driven primarily by perceived negative changes in the moral character of drug users, who are seen as having deviated from their good true selves. (shrink)

The present paper critically reconstructs Honneth’s recognition-theoretical conception of justice modelled on the formation of intact personal identity or self-realization. It looks into the status of using psychological evidence as a basis for a theory of justice, and whether or not such an approach of justice fails the publicity criterion.The claim is that although Honneth’s thesis is potentially susceptible to the charge of psychologization of injustice as Fraser alleges, the idea that recognition impacts on the formation or malformation of personal (...) identity should not be denied a critical role in a theory of justice. Doing so prevents a faceless or subject-less discourse of injustice.The paper also argues that recognitive justice founded on very specific moral-psychological assumptions passes the test of publicity. The challenge is how to establish the necessary conditions that enable victims of misrecognition to have a language and name their experience of suffering publicly. (shrink)

Resumen: El presente artículo explora los rendimientos de la teoría de la justicia de Axel Honneth para comprender las experiencias del sujeto en las sociedades contemporáneas. Para esto primeramente define la teoría de la justicia a través de las esferas del reconocimiento y posteriormente construye un modelo analítico posible considerando la justicia social a través de grados. Se proponen tres grados de justicia, que no son camisas de fuerza a lo social, sino puntos de partida para pensar la constitución y (...) las prácticas de los sujetos. Se concluye que las esferas del reconocimiento, pensadas a través de grados de justicia social permiten analizar las disímiles experiencias de los sujetos, pero comprendiendo las esferas y finalmente la justicia, a la luz de relaciones de poder y dominación que configuran ciertos contenidos morales de la justicia, pero no necesariamente contenidos que favorecen un mayor progreso moral en los órdenes sociales que prevalecen. El modelo analítico presentado permite considerar cómo se institucionalizan órdenes morales que definen formas de justicia que coactan la crítica, la lucha y el cambio.: This article explores the performances of Axel Honneth’s theory of justice to understand the subject’s experiences in contemporary societies. For this, it first defines the theory of justice through the spheres of recognition and then builds a possible analytical model considering social justice through degrees. Three degrees of justice are proposed, which are not social straitjackets, but starting points for thinking about the constitution and practices of the subjects. It is concluded that the spheres of recognition, thought through degrees of social justice, allow to analyze the different experiences of the subjects, but understanding the spheres and finally justice in the light of relations of power and domination that configure certain moral contents of the justice, but not necessarily content that will favor greater moral progress in the prevailing social orders. The analytical model allows us to consider how institutionalized moral orders, which define forms of justice that coerce criticism, struggle and change. (shrink)

Pulling from theories of social exchange, deonance, and fairness heuristics, this study focuses on the relationship between overall justice climate and both the prosocial and deviant behaviors of groups. Specifically, it considers two contextual boundary conditions on this effect—corporate social responsibility and group moral identity. Results from a laboratory experiment are presented, which show a significant effect for overall justice climate and a two-way interaction between overall justice climate and CSR on group-level prosocial and deviant behaviors, and a marginally (...) significant interaction of group moral identity with overall justice climate on group deviance. The implications of contextual influences on workplace ethics and justice are discussed. (shrink)

In this commentary, I discuss three aspects of Monique Deveaux’s account. First, the method of Grounded Normative Theorizing she adopts to engage directly with the contexts and views of those experiencing poverty fits within a range of proposals to enhance the methodology of moral and political philosophy, and I would call on all philosophers working in this space to further develop these innovative methodologies. Second, Deveaux extends the capabilities approach by focusing on the group-based character of poverty and making (...) the case for building the collective capabilities of poor-led social movements. While I do not substantially disagree with this argument (in practice), I argue that we should be careful to avoid normative collectivism (as a theoretical assumption). Finally, Deveaux discusses political solidarity with people experiencing poverty. I argue that this should be based on esteeming each other’s various contributions in more diverse ways than only in narrow economic terms. Treating people in poverty and poor-led social movements as agents of justice, as Deveaux advocates, is a significant step in this endeavour. (shrink)

Children usually use the external and physical features of characters in movies or stories as a means of categorizing them quickly as being either good or bad/evil. This categorization is probably done by means of heuristics and previous experience. However, the study of this fast processing is difficult in children. In this paper, we propose a new experimental paradigm to determine how these decisions are made. We used illustrations of characters in folk tales, whose visual representations contained features that were (...) compatible or incompatible with the moral identity of the characters. Sixteen children between 8 and 10 years old participated in the experiment. We measured their electrodermal activity when they were listening to the story and looking at pictures of the characters. Results revealed a higher increase in skin conductance when the illustrations showed a moral condition that was incompatible with the actions of a character than when they showed one that was compatible. These results suggest that children make fast decisions about the moral identity of characters based on their physical features. They open up new possibilities in the study of the processing of moral decisions in children. (shrink)

The conviction that political recognition is accomplished through the extension and completion of the Enlightenment project of toleration is shared by some of the most influential political theorists of our time. John Rawls, Charles Taylor and Will Kymlicka all formulate the issue of recognition as if it were a corollary of the principle of toleration based in equal liberty or dignity. This raises important issues which political thought must confront and engage with. Above all, it means reconsidering the primacy of (...) Enlightenment critique for our understanding of ourselves, our world and our encounter with others. In this article I examine the liberal conviction that tolerance (in the sense of a commitment to individual autonomy) best promotes recognition of cultural diversity. I argue that two weaknesses haunt the liberal project and undermine this belief. They prevail because of a failure adequately to address the question of recognition in its normative, ontological and symbolic aspects. In contrast, I argue that philosophical hermeneutics affords a critical perspective on democratic theory and practice that must be taken up and extended following the experience of identity politics. Key Words: hermeneutics • Kymlicka • multicultural democracy • normativity • Rawls • ontology • symbolic • Taylor. (shrink)

Moral Matters: A Philosophy of Homecoming is Mark Dooley's attempt to offer an alternative to 'Cyberia'. It is a book about home, memory and identity. At a time when people are rapidly disengaging from those forms of life which once bound them together, it can be argued that our happiness depends on saving and conserving them. We cannot flourish in isolation or by detaching from the social sphere which surrounds us. We cannot truly prosper or progress if we choose (...) to forget where we came from or if we dismiss our inherited moral wisdom. And yet, in opting for loss, separation and homelessness, it seems we have done just that. We have opted for a rootless existence where alienation and amnesia are the norm. This powerful and passionate book shows how the alienated, 'postmodern' self can become re-rooted to time and place and restored to full humanity and happiness whilst moving in a virtual, hyperconnected world. In caring for creation, conserving culture and saving the sacred we can once again make our home in the world and experience the consolation of moving from loss to love."--Publisher's description. (shrink)

In this essay, I challenge Charles Mills’s use of the category of moral personhood for advancing a robust anti-racist political critique in nonideal circumstances. I argue that the idea of the moral equality of persons is necessary but insufficient for reparative justice. I enrich the normative basis of political critique to include: (1) a clarification of what the public recognition of moral personhood can legitimately entail as a requirement of justice enforceable by the state, especially with respect (...) to economic reforms that advance equal opportunity and (2) a conception of non-alienated labor that assails identity-based occupational segregation in the labor market. These additional components do not exhaust the plausible bases for political critique, but enrich it in a way that the idea of moral equality alone cannot. (shrink)

A key focus in many debates surrounding the harm in hate speech centres on the subordinating impact hate speech has on its victims. Under such a view, and provided there exists a requisite level of speaker authority a particular speech situation, hate speech can be conceived as something which directly impact’s the victim’s status, and can be contrasted to the view that such speech merely expresses hateful ideas. Missing from these conceptions, however, are the ways in which intersubjective, recognition-sensitive relations (...) influence the kind of harm likely to result from such an act. Understanding the central role of first-person experience is crucial, as, while a victim may have little influence in how their social status is impacted by such an act, the possibility for ‘speaking back’ requires that individuals are equipped with the conditions necessary to reject the authority claims of the speaker. On such a view, this paper aims to use this feature of intersubjectivity to explore the potential ways in which an act of hate speech can be ‘robbed’ of some of its harm by having its authority claims rejected by the victim. Utilizing this enhanced understanding, I reflect upon one particular real-world example of hate speech, in which the target rejects the status-undermining claims made upon her. In the last section, I propose a general institutional outlook aimed towards aiding would-be victims of hate speech to respond to such attempts at normative authority exertion. (shrink)

The need for justice for individuals, groups, and society as a whole has perhaps never been more pressing. The presence or absence of social recognition plays a vital role in both social injustices and efforts to overcome and prevent them. Critical theory philosopher Axel Honneth’s influential accounts of recognition and struggles for recognition contain important insights about injustice and social justice movements. Unfortunately, some of Honneth’s concepts are narrow and need expansion for them to be useful in considering social injustices (...) and responses to those injustices. This is especially true if we are to understand and respond to current social justice issues such as Black Lives Matter and the climate crisis. -/- Douglas Giles presents an important corrective and addition to Axel Honneth’s view of recognition that gives the concepts of recognition, misrecognition, and struggles for recognition more explanatory power. He first critiques Honneth’s portrayal of misrecognition as being a simple lack of recognition and provides an alternative view of misrecognition as complex and multidimensional, helping us better understand the causes and effects of injustices. He then engages in a critical examination of Honneth’s account of struggles for recognition—the emancipation from injustice. The American civil rights movement and women’s suffrage movements are archetypal political struggles for recognition, but Honneth, like Charles Taylor and others, sees struggles for recognition only as political struggles, leaving out much of the story of struggles for recognition. In response, Giles presents a more robust picture of struggles for recognition that decentralizes struggles for recognition by including individual experience and agency. -/- This contribution to recognition studies expands the reality of recognition and misrecognition beyond theoretical concepts into the daily lives of individuals. Recognition is essential for affirming one’s identity and one’s place in community and society. Misrecognition is at the heart of many injustices from interpersonal relations to structural socioeconomic inequalities. Struggles for recognition are ubiquitous for everyone because people’s need for recognition extends far beyond political recognition. Giles crafts a view of recognition and misrecognition that identifies some important problems in critical theory’s approach to social justice and offers new conceptualizations to assist future research in various fields of critical social theories. (shrink)

This book explores secession from three normative disciplines: political philosophy, international law and constitutional law. The author first develops a moral theory of secession based on a hypothetical multinational contract. Under this contract theory, injustices do not determine the existence of a right to secede, but the requirements to exercise it. The book’s second part then argues that international law is more inclined to accept and advance a remedial right approach to secession. Therefore, justice as multinational fairness is (...) to be fully institutionalized under the constitutional law of liberal democracies. The final part proposes constitutionalizing a qualified right to secede with the aim of fostering recognition and accommodation of national pluralism as well as cooperation and compromise between majority and minority nations. (shrink)

This article investigates one of the major problems of modern political philosophy – the problem of justice in its fundamentally important methodological measurement in the Context of Ukraine. It’s consistently shown that justice belongs to a prominent place among the moral and social values: particularly its people owe to each other, because it is the scale, which measured freedom, equality and human rights.For this purpose it is analyzed the relationship and difference of methodological changes in grasping the concept of (...) justice in the works of K-O-Apel, J.Habermas, O.Höffe, R.Forst. It was found that Habermas interprets a new essence of solidarity and justice as normative principles of a democratic state where the requirement of respect for the dignity of each based on the acceptance of the inviolability of his body, life and property. It is proved that O.Höffe draws attention to the need of fundamental changes in the understanding of social justice, emphasizing the pre-modern, paternalistic sense of distributive models. Іn the writings of R.Frost social justice gain a political dimension, just as political or social relationship can exist only in case of their full justification, respect for human dignity. In the latest theories of justice is said that the victim of injustice is firstly the one who is ignored both in the process of manufacturing and distribution of public goods. To conclude: only the justice of exchange permits us to solve the immediate, practical dilemma: should one hand over a part of one’s freedom to social, state, authoritative structures, or be independent of them and be unable to resort to their assistance in case of emergency. People, perforce, mutually abandon part of their freedom as legal agents in order to enjoy their right for freedom. If this abandonment is universal, such exchange may be considered just. By insisting that everything individual is also social because it requires and is embedded into social context, R.Forst presents intersubjectivity as a fundamental dimension of human existence that shows itself in our ability to self-determination, i.e. freedom, but within the limits of human community. Also his point is that our obligations are no less rooted in our existence than our rights, and law has no priority over good and depends on moral good as a defining factor of justice. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Toleration and Justice in the Laozi:Engaging with Tao Jiang's Origins of Moral-Political Philosophy in Early ChinaAi Yuan (bio)IntroductionThis review article engages with Tao Jiang's ground-breaking monograph on the Origins of Moral-Political Philosophy in Early China with particular focus on the articulation of toleration and justice in the Laozi (otherwise called the Daodejing).1 Jiang discusses a naturalistic turn and the re-alignment of values in the Laozi, resulting in (...) a naturalization of justice (impartiality) by rejecting artificial humaneness and rigid hierarchical moral-political structures. In this Laozian just world, there is no room for human intervention and rigid top-down enforcement of values, thus leaving justice to naturalized Heaven or Dao as the ultimate source of the cosmos.Based on Jiang's interpretative context, I show that there is a twofold justification for the "paradoxical" and "elusive"2 value of political toleration.3 A negative expression of toleration focuses on non-interference with choices, and non-enforcement of values toward those whom one reasonably disagrees with and regards as morally wrong. Such an attitude of toleration results in practical advantages such as avoiding entrenchment in bloodshed, abandonment, and deprivation.A positive expression of toleration operating in the Laozian ideal world requires equal protection of people as capable knowers, including those to whom we object. Such protection includes their ways of expression and an unbiased recognition of them as equally capable knowers so that they are heard without bias and prejudice. Such a kind of toleration is revealed as a constituent component of justice since it enables equal contribution toward the shaping of society without discrimination. In other words, toleration is seen as naturalized justice in a Laozian world within which no one is "being wronged with the capacity as a knower"—a kind of epistemic justice articulated by Miranda Fricker (Fricker 2007).4 [End Page 466]This article discusses how Jiang's political reconstruction of Laozian philosophy contains the seeds for a discussion of toleration, a value associated with distributive justice and against epistemic injustice. First, it introduces Jiang's arguments on a naturalization of justice and impartiality as Heavenly attributes in the Laozi. Second, it articulates the value of tolerance in the Laozi. Finally, I compare Laozian toleration with Confucian toleration using youwei- wuwei metaethical criticism.Moral-Political Philosophy in the LaoziJiang's interpretative framework about the origins of distributive justice in the Laozi starts with a discussion of the cosmogonic-mystical worldviews that signal "a new understanding of the nature of the cosmos, as well as a broad reorientation in the Heaven-human relationship in the mid-Warring States period" (p. 192). Differing from the interests in the origins of human culture or civilization in the Ru and Mo traditions, Jiang agrees with Franklin Perkins and identifies a "cosmogonic turn" in the late fourth century b.c. that reveals a demotion of anthropomorphic Heaven. By paring Heaven with earth and accordingly decentering human beings in the intellectual discourse, the Laozi directs equal values to the ten thousand things, with humans as just one among them (Perkins 2016, quoted in Jiang 2021, p. 196).5 Laozi's philosophy thus stands out by rejecting Heaven as caring for human affairs while taking Dao as the ultimate origin of the cosmos, as claimed in chapter 5 of the received text: "Heaven and earth are not humane; they treat ten-thousand things in the world as straw dogs; the sage is not humane; he treats people as straw dogs" (p. 199).With Jiang's reading of a naturalistic heaven, we see a re-alignment between cosmos and the human since sage-rulers follow the Heaven-Dao. The Laozian Dao is "self-so-ing" (ziran 自然), "accommodating" (rong 容), and "impartial" (gong 公), and thus marks a sharp contrast to Confucian familial bias resulting in "actively intervening in human affairs on behalf of the (certain) humans by appointing them to carry out its mission" (p. 200). With the sage emulating the ultimate Dao, the Laozi replaces the Confucian anthropocentric Heaven, which focuses on partiality (qin 親) and humaneness (ren 仁).This Laozian understanding of the cosmos also grounds its philosophical departure from Mohism despite both having a political... (shrink)

Philosophical interest in disability is rapidly expanding. Philosophers are beginning to grasp the complexity of disability--as a category, with respect to well-being and as a marker of identity. However, the philosophical literature on justice and human rights has often been limited in scope and somewhat abstract. Not enough sustained attention has been paid to the concrete claims made by people with disabilities, concerning their human rights, their legal entitlements and their access to important goods, services and resources. This book discusses (...) how effectively philosophical approaches to distributive justice and human rights can support these concrete claims. It argues that these approaches often fail to lend clear support to common disability demands, revealing both the limitations of existing philosophical theories and the inflated nature of some of these demands. Moving beyond entitlements, the author also develops a unique conception of dignity, which she argues illuminates the specific indignities experienced by people with disabilities in the allocation of goods, in the common experience of discrimination and in a wide range of interpersonal interactions. Disability with Dignity offers an accessible and extended philosophical discussion of disability, justice and human rights. It provides a comprehensive assessment of the benefits and pitfalls of theories of human rights and justice for advancing justice for the disabled. It brings the moral importance of dignity to the centre, arguing that justice must be pursued in a way that preserves and promotes the dignity of people with disabilities. (shrink)

Very diverse societies pose real problems for Rawlsian models of public reason. This is for two reasons: first, public reason is unable accommodate diverse perspectives in determining a regulative ideal. Second, regulative ideals are unable to respond to social change. While models based on public reason focus on the justification of principles, this book suggests that we need to orient our normative theories more toward discovery and experimentation. The book develops a unique approach to social contract theory that focuses on (...) diverse perspectives. It offers a new moral stance that author Ryan Muldoon calls, "The View From Everywhere," which allows for substantive, fundamental moral disagreement. This stance is used to develop a bargaining model in which agents can cooperate despite seeing different perspectives. Rather than arguing for an ideal contract or particular principles of justice, Muldoon outlines a procedure for iterated revisions to the rules of a social contract. It expands Mill's conception of experiments in living to help form a foundational principle for social contract theory. By embracing this kind of experimentation, we move away from a conception of justice as an end state, and toward a conception of justice as a trajectory. (shrink)

Cynthia Willett brings together diverse insights from social psychology, classical and contemporary literature, and legal and justice theory to redefine the basis of the moral and legal person. Feminists, communitarians, and postmodern thinkers have made clear that classical liberalism, with its emphasis on individual autonomy and excessive rationalism, is severely limited. Although she is sympathetic with the liberal view, Willett finds it necessary to go further. For her, attention to the social dimensions of the family and civil society is (...) critical if issues of race, gender, class, and sexuality are to be taken seriously. Interdependency, not autonomy, is of increasing significance in an era of globalization. Willett proposes an alternate normative theory that recognizes the impact of social forces on individual well-being. Citizenship in a democracy should not be defined solely on the basis of rights to autonomy, such as bare rights to property or free speech, she explains. Rather, citizenship should be defined first of all in terms of the rights, responsibilities, and capacities of the social person. It is within the African American tradition of political thought that Willett finds a more useful definition of human identity and political freedom. The African American experience offers a compelling vision of social change and a deeper understanding of what it means to be a social person. By focusing on everyday battles against racism, Willett contends, we can gain valuable insight into the meaning of justice. (shrink)

Purpose. The article is aimed to study the anthropological, socio-philosophical and philosophical-legal dimensions of the ontological sphere of human life within the discourse of restricting human rights during pandemic threats. To do this, one should solve a number of tasks, among which are the following: 1) to explore the anthropological and praxeological understanding of fear as a primary component of human existence in a pandemic, which prevents people from changing their lives for the better and healthier, having fun and (...) happiness; 2) to put a focus on the habituation of fear as a two-dimensional adaptation to risks and threats from pandemics; 3) to reflect the anthropological features of changes in human life experience under the influence of the COVID-19 pandemic in the discourse of human rights and public health measures. Theoretical basis. Today, international guiding principles on human rights response to global natural threats have been updated. However, there are still no specific legal recommendations concerning measures on human rights protection during outbreaks of various infectious diseases. However, the influence of unexpected global challenges causes a change in the anthropological component of society and the state, so it requires immediate comprehensive research. Originality. It was substantiated a systematic approach to the implementation of modern healthcare policy towards the recognition of human life as the highest value, increasing the level of psychological preparedness for pandemic challenges and approximation of statutory provisions of human rights protection to modern challenges and threats to the health of the individual, society and state. The study of anthropological, socio-philosophical and philosophical-legal dimensions of human existence in the discourse of pandemic threats made it possible to reveal the profound influence of fear on human life, social justice and, consequently, identify the moral and legal dependence of the development level of society and the state on the level of axiological and anthropological concept of human dignity. Conclusions. Based on the study of statistical reports, international analysis and the use of personal authorial methods, the following can be stated: the methods of combating the modern pandemic have directly affected everyone on national and international level. Their influence is significant because it changes the rules of coexistence and life of people in all spheres. However, the influence on the consciousness and other intentions of the individual has mostly temporally insignificant limits. (shrink)

Existing accounts of meaning in reproductive contexts, especially those put forward in debates concerning abortion, tend to focus on the (moral) status of the fetus. This issue on miscarriage, pregnancy loss, and fetal death accomplishes a shift this conversation, in the direction of pushing past embryo-centric value judgments. To put it bluntly, the miscarried embryo is not the one who has to live with the experience. The essays in this special issue are a significant addition to the scarce literature (...) on miscarriage and fetal death. Contributions are from specialists in continental and analytical philosophy, feminism, bioethics, theoretical and applied ethics, social and political philosophy, social epistemology and philosophy of language, narrative, aesthetics, popular culture, and gender studies. As guest editors, we sought to offer a variety of approaches to the topic, to further the understanding of miscarriage and fetal death as important to many areas of philosophy, especially social philosophy. We suggest that the unchosenness and invisibility of miscarriage are central to its seeming irrelevance to social identities and social norms of testimony, recognition, and ascription of significance to experiences. (shrink)

The further development of public health ethics will be assisted by a more direct engagement with political theory. In this way, the moral vocabulary of the liberal tradition should be supplemented—but not supplanted—by different conceptual and normative resources available from other traditions of political and social thought. This article discusses four lines of further development that the normative conceptual discourse of public health ethics might take. The relational turn. The implications for public health ethics of the new ‘ecological’ or (...) ‘relational’ interpretation that is emerging for concepts such as agency, self-identity, autonomy, liberty and justice. Governing the health commons. The framework of collective action problems is giving way to notions of democratic governance and management of common resources. The concept of membership. Membership is specified by the notions of equal respect and parity of voice and agency. The concept of mutuality. Mutuality is specified by the notions of interdependent concern and care. (shrink)

This article argues for the necessity of recognising the collective rights-holding status of ‘sexual and gender minorities’ (SGMs) by examining the limits of the discourse concerning sexual orientation and gender identity in international law. I consider both symbolic interactionism and queer theory, which are critical of the assumption that everyone subscribes to a gender and a sexual identity. The theorisation proposed here accounts for not only people who possess a relatively stable identity, but also people whose situations are not conclusively (...) characterised but still require recognition justice. Not equating SGMs to LGBTI populations, I contend that the use of the term ‘SGMs’ should capture the sociocultural dynamics of the way in which one is made a ‘minority’. In light of the variations regarding sexual and gender norms in diverse contexts, SGMs are conceptually useful to accommodate differential experiences of nonconformity with the normative. (shrink)

This dissertation provides a theory of the nature of aesthetic experiences on the basis of a theory of aesthetic values. It results in the formulation of the following necessary conditions for an experience to be aesthetic: it must consist of a representation of an object and an accompanying feeling; the representation must instantiate an intrinsic value; and the feeling must be the recognition of that value and bestow it on the object. Since representations are of intrinsic value for different reasons, (...) there are different kinds of aesthetic experiences . By means of certain conceptual links, it is possible to extend this account to other aesthetic entities thus enabling the formulation of a general theory of the aesthetic in non-aesthetic terms. In particular, aesthetic values are identical with subjective dispositions to elicit aesthetic experiences under normal conditions. Accordingly, I endorse anti-realism about aesthetic values: their existence, nature and exemplification are mind-dependent, while their ascriptions to objects have genuine truth-values. I back up this account by arguing against the alternative positions that either take aesthetic values to be objective or deny the truth-aptness of their attributions. Furthermore, I put forward a relativist variant of anti-realism according to which ascriptions of different aesthetic values to a particular object are all correct, given that the aesthetic experiences involved are made under normal conditions and concern the same aesthetically nonevaluative features of that object. For there is no specifically aesthetic norm by means of which one of the faultless aesthetic experiences can be picked out as the only appropriate one. That aesthetic values nevertheless show a normative dimension is ensured by their conformity to a general account of values as capacities to satisfy, or dissatisfy, rational desires. (shrink)

Linguistic justice is about institutions distributing material and symbolic resources fairly when they are faced with linguistic diversity. However, no theory of linguistic justice has developed a systematic and comprehensive account of the moral dilemmas that take place in interpersonal linguistic relationships, in particular the power dynamics leading to (linguistic) domination. The aim of this article is to start building a general theory of linguistic domination, one that offers new conceptual tools for both empirical and normative analyses of linguistically (...) diverse societies. Using the republican tradition of thought, I argue that there is linguistic domination whenever someone is subject to the uncontrolled capacity for interference over their linguistic uses, ideology and acquisition by another agent. This article tests under what conditions this phenomenon takes place and the parties involved in it (both in terms of individuals and political institutions). (shrink)

This article argues that the civic virtue of tolerance has to be understood as a virtue of justice. Based on an analysis of the concept of toleration and its paradoxes, it shows that toleration is a 'normatively dependent concept' that needs to take recourse to a conception of justice in order to solve these paradoxes. At the center of this conception of justice lies a principle of reciprocal and general justification with the help of which a distinction between moral (...) norms and ethical values is possible. While the former are strictly binding and define the realm of the tolerable, the latter are subject to reasonable disagreement that calls for toleration. Essentially, the virtue of tolerance is the capacity and willingness to accept the principle and criteria of justification of generally binding norms in an ethically pluralist society.This virtue is analyzed with respect to its normative and epistemological components. Finally, the idea of a 'tolerant character' is discussed. (shrink)

© 2016 Informa UK Limited, trading as Taylor & Francis Group. In this introduction, we first give a brief overview of the debate over multiculturalism in political theory. We then situate Alan Patten’s Equal Recognition in that context by highlighting his major normative thesis, according to which there are reasons of principle, in a liberal democracy, to grant special forms of public recognition and accommodation to cultural minorities. Finally, we present a succinct summary of the nine articles that follow this (...) introduction and that critically engage with Patten’s arguments. (shrink)

The revival of recognition theory has brought new energy to critical theory. In general terms, recognition theory aims to critically evaluate social structures against a standard of social freedom identified with norms of interaction which are freely recognized by all parties. Until now, attention has primarily focused on the categories and forms of recognition theory. However, the influence of contemporary French theory upon the development of theories of recognition has not yet received the consideration it merits. The book takes up (...) this task. With chapters by internationally recognized authors, the collection outlines the current state of recognition theory, studies the impact of French theory, and uses French thought to identity aspects of the recognitive process which are often overlooked. Exploring French accounts of agonistic identity construction, vulnerability, power, ethical obligation, and reflexive theory construction, this book supports the intentions of critical theory with heightened attentiveness to oppression in all of its forms. (shrink)

Jurisprudence is the prudence of jus, law's consciousness and conscience. Throughout history, when thinkers wanted to contemplate the organisation of society or the relationship between authority and the subject, they turned to law. All great philosophers, from Plato to Hobbes, Kant, Hegel, Marx and Weber had either studied the law or had a deep understanding of legal operations. But jurisprudence is also the conscience of law, the exploration of law's justice and of an ideal law or equity at the bar (...) of which state law is always judged. Jurisprudence brings together 'is' and 'ought', the positive and the normative, law and justice. But after a long process of decay, legal theory is today characterised by cognitive and moral poverty. Jurisprudence has become restricted and academically peripheral, a guidebook to technocratic legalism and a legitimation of the existent. Critical jurisprudence returns to the classical tradition of a general philosophy of law and adopts a much wider concept of legality. It is concerned both with posited law and with the law of the law. All legal aspects of the economic, political, emotional and physical modes of production and reproduction of society are part of critical jurisprudence. This widening of scope allows a radical rethinking of the nature of rights, justice, sovereignty and judgement. A political philosophy of justice today must examine the political economy of law; transitions from Empire to nation; ideological and imaginary constructions through which we understand ourselves and relate to others; ways in which gender, race or sexuality create forms of identity that both discipline bodies and offer sites of resistance. Law's complicity with political oppression, violence and racism has to be faced before it is possible to speak of a new beginning for legal thought, which in turn is the necessary precondition for a theory of justice. Critical Jurisprudence offers an ethics of law against the nihilism of power and an aesthetics of existence for the melancholic lawyer. (shrink)

The first topic of concern is anonymity, specifically the anonymity that is available in communications on the Internet. An earlier paper argues that anonymity in electronic communication is problematic because: it makes law enforcement difficult ; it frees individuals to behave in socially undesirable and harmful ways ; it diminishes the integrity of information since one can't be sure who information is coming from, whether it has been altered on the way, etc.; and all three of the above contribute to (...) an environment of diminished trust which is not conducive to certain uses of computer communication. Counterbalancing these problems are some important benefits. Anonymity can facilitate some socially desirable and beneficial behavior. For example, it can eliminate the fear of repercussions for behavior in contexts in which repercussions would diminish the availability or reliability of information, e.g., voting, personal relationships between consenting adults, and the like. Furthermore, anonymity can be used constructively to reduce the effect of prejudices on communications. Negative aspects of anonymity all seem to point to a tension between accountability and anonymity. They suggest that accountability and anonymity are not compatible, and they even seem to suggest that since accountability is a good thing, it would be good to eliminate anonymity. In other words, the problems with anonymity suggest that individuals are more likely to behave in socially desirable ways when they are held accountable for their behavior, and they are more likely to engage in socially undesirable behavior when they are not held accountable. I am not going to take issue with the correlation between accountability and anonymity, but rather with the claim that accountability is good. To examine this problem, let's look at a continuum that stretches from total anonymity at one end, and no anonymity at all at the other end. At the opposite extreme of anonymity is a panopticon society. The panopticon is the prison environment described by Foucault in which prison cells are arranged in a large circle with the side facing the inside of the circle open to view. The guard tower is placed in the middle of the circle so that guards can see everything that goes on in every cell. In a recent article on privacy, Jeffrey Reiman, reflecting on the new intelligent highway systems, suggests that we are moving closer and closer to a panopticon society. When we contemplate all the electronic data that is now gathered about each one of us as we move through our everyday lives- intelligent highway systems, consumer transactions, traffic patterns on the internet, medical records, financial records, and so on- we see the trend that Reiman identifies. Electronic behavior is recorded and the information is retained. While actions/transactions in separate domains are not necessarily combined, it seems obvious that the potential exists for combining data into a complete portfolio of an individual's day to day life. So it would seem that as more and more activities and domains are moved into a IT-based medium, the closer we will come to a panopticon society. A panopticon society gives us the ultimate in accountability. Everything an individual does is observable and therefore available to those to whom we are accountable. Of course, in doing this, it puts us, in effect, in prison. The prison parallel is appropriate here because what anonymity allows us is freedom; prison is the ultimate in lack of freedom. In this way the arguments for a free society become arguments for anonymity. Only when individuals are free will they experiment, try new ideas, take risks, and learn by doing so. Only in an environment that tolerates making mistakes will individuals develop the active habits that are so essential for democracy. In a world without information technology, individuals have levels or degrees and various kinds of anonymity and consequently different levels and kinds of freedom. Degrees and kinds of anonymity vary with the domain: small town social life versus urban social life, voting, commercial exchanges, banking, automobile travel, airplane travel, telephone communication, education, and so on. Drawing from our experience before IT-based institutions, we might believe that what we need is varying levels or degrees and kinds of anonymity. This seems a good starting place because it suggests an attempt to re-create the mixture that we have in the physical, non-IT-based world. Nevertheless, there is a danger. If we think in terms of levels and degrees of anonymity, we may not see the forest from the trees. We may not acknowledge that in an electronic medium, levels and kinds of anonymity mean, in an important sense, no anonymity. If there are domains in which we can be anonymous but those domains are part of a global communication infrastructure in which there is no anonymity at the entry point, then it will always be possible to trace someone's identity. We delude ourselves when we think we have anonymity on-line or off-line. Rather, what we have both places is situations in which it is more and less difficult to identify individuals. We have a continuum of situations in which it is easy and difficult to link behavior to other behavior and histories of behaviors. In the physical world, we can go places and do things where others don't know us by name and have no history with us, though they see our bodies, clothes, and behavior. If we do nothing unusual, we may be forgotten. On the other hand, if we do something illegal, authorities may attempt to track us down and figure out who we are. For example, law enforcement officials, collection agencies, those who want to sue us may take an active interest in removing our anonymity, ex post facto. Think of Timothy McVeigh and Terry Nichols-the men who apparently bombed the federal building in Oklahoma City. Much of what they did, they did anonymously, but then law enforcement officials set out to find out who had done various things, e.g., rented a car, bought explosives, etc. The shrouds of anonymity under which McVeigh and Nichols had acted were slowly removed. Is this any different than behavior on the internet? Is there a significant difference in the kind or degree of anonymity we have in the physical world versus what we have in an IT-based world? The character of the trail we leave is different; in the one case, its an electronic trail; while in the other it involves human memories, photographs, and paper and ink. What law enforcement officials had to do to track down McVeigh is quite different from tracking down an electronic law breaker. Also, the cost of electronic information gathering, both in time and money, can be dramatically lower than the cost of talking to people, gathering physical evidence, and the other minutia required by traditional detective work. We should acknowledge that we do not and are never likely to have anonymity on the Internet. We would do better to think of different levels or kinds of identity. There are important moral and social issues arising as a result of these varying degrees and kinds of identity. Perhaps the most important matter is assuring that individuals are informed about the conditions in which they are interacting. Perhaps, even more important is that individuals have a choice about the conditions under which they are communicating. In the rest of this paper we explore a few examples of levels and kinds of identity that are practical on the Internet. We discuss the advantages and disadvantages that we see for these "styles" of identity for individuals, and we examine the costs and benefits of these styles for society as a whole. (shrink)

When we want to justify claims against one another, we discover that conceptual thought alone is not sufficient to legitimize property and income in the relative and proper proportions among members of a productive group. Instead, the basis for justification should also be seen in motivational states, validated less by rational thought than by an effective behaviour. To circumnavigate otherwise dangerously utopian claims to justice, the social sciences, and especially behavioural economics, are the most reliable basis for normative distributive justice. (...) This article builds on recent findings of experiments, first of all in order to give proof of the extent to which a general behavioural tendency towards equality is widespread among people, and second of all in order to highlight ‘desert’ and ‘need’ as the crucial criteria of just distribution, which will then sum up to justified inequality in the economic sphere. (shrink)