This article examines a peculiarity dating from Classical times, namely, that democracy may be achieved, in practice, independently of and prior to its articulation as theory. This peculiarity has implications for the way in which the history of democratic theory is understood, and also for the place of the democratic theorist in society. Paul Feyerabend, Richard Rorty, Chantal Mouffe and John Keane are theorists of democracy, but they all depart, first, from the commitment to the universal truth‐claims that underpin other (...) schools of democratic thought, and, second, from the concomitant belief in the priority of theory over practice. In doing so, they make it difficult to theorise how democracy might be brought about, except, circularly, where it already exists. On the one side, Feyerabend, Rorty and, to a lesser extent, Keane, assume that ‘democracy’ already exists, so that its realisation requires no theory. On the other, Mouffe argues that ‘democracy’ does not yet exist in practice, but her attempts to theorise its realisation are not convincing. (shrink)

This article examines the methodology of a core branch of contemporary political theory or philosophy: “analytic” political theory. After distinguishing political theory from related fields, such as political science, moral philosophy, and legal theory, the article discusses the analysis of political concepts. It then turns to the notions of principles and theories, as distinct from concepts, and reviews the methods of assessing such principles and theories, for the purpose of justifying or criticizing them. Finally, it looks at a recent debate (...) on how abstract and idealized political theory should be, and assesses the significance of disagreement in political theory. The discussion is carried out from an angle inspired by the philosophy of science. (shrink)

According to one version of objectivism about value, ethical and other evaluative claims have a fixed truth-value independently of who makes them or the society in which they happen to live (c.f. Davidson 2004, 42). Subjectivists about value deny this claim. According to subjectivism so understood, ethical and other evaluative claims have no fixed truth-value, either because their truth-value is dependent on who makes them, or because they have no truth-value at all.

Over the last decade, climate neutrality has emerged as an empowering, new concept—and it has given rise to concerns that it may be conducive to greenwashing and a disregard for justice and sustainability. Are these concerns justified? This paper argues that there is a qualified case for climate neutrality as part of an integrated approach to climate ethics. There are ethical and economic arguments for climate neutrality. An ethical conception of climate neutrality puts critical emphasis on reduction as well as (...) transparent measurement, substitution and stakeholder involvement so as to counter a prevailing focus on compensation. (shrink)

This article presents a framework intended to provide pension funds with practical guidance for the successful implementation of a sustainable investing strategy. The framework is developed with respect to the UK and US pension funds (as these share certain common legal characteristics) and focuses on the changes that pension funds adopting such a strategy should make to their investment strategies and governance (particularly through the formulation and articulation of clear investment mission and strong investment beliefs). The article proceeds with a (...) review of socially responsible investment (SRI) and more recent responsible investment (RI) literature, in the context of growing public awareness (but not necessarily understanding) of the concept of sustainability ("Literature review of SRI field: SRI, RI and sustainable investing" section). It then examines the literature on pension fund governance, arguing the need for more detailed practical guidance for funds moving towards sustainable investing, especially for those implementing a sustainable investing strategy ("Anglo-American pension fund governance" section). It presents the framework for the practical implementation of sustainable investing in the "Sustainable investing framework" section. Finally, we review the relevant Anglo-American legal backdrop, outlining how pension funds adopting our framework should approach their fiduciary obligations, and then discussing potential regulatory enablers of sustainable investment ("Legal context: barriers to and enablers of sustainable investing" section). (shrink)

Patrick D Walsh; Open and Loaded Uses of ‘Education’—and objectivism, Journal of Philosophy of Education, Volume 22, Issue 1, 30 May 2006, Pages 23–35, https://.

In this paper I put forward some arguments in defence of inclusive legal positivism . The general thesis that I defend is that inclusive positivism represents a more fruitful and interesting research program than that proposed by exclusive positivism . I introduce two arguments connected with legal interpretation in favour of my thesis. However, my opinion is that inclusive positivism does not sufficiently succeed in estranging itself from the more traditional legal positivist conceptions. This is the case, for instance, with (...) regard to the value-freedom principle, which is commonly accepted by inclusive positivist scholars. In contrast with this approach, I try to show, in the concluding section, how a constructivistic version of inclusive positivism could legitimately acknowledge the presence of value-judgments in the cognitive activities of jurists and legal theorists. (shrink)

Evaluative and normative terms and concepts are often said to be "essentially contestable". This notion has been used in political and legal theory and applied ethics to analyse disputes concerning the proper usage of terms like democracy, freedom, genocide, rape, coercion, and the rule of law. Many philosophers have also thought that essential contestability tells us something important about the evaluative in particular. Gallie (who coined the term), for instance, argues that the central structural features of essentially contestable concepts secure (...) their evaluativeness. I'll argue that these (widely held) central features are exemplified by many evaluative and non-evaluative terms alike, owing to more general factors (such as multidimensionality) which have nothing in particular to do with being evaluative. The role of these factors in semantic interpretation is subject to a certain kind of "metasemantic" disputes which have the features of the disputes characteristically admitted by essentially contestable concepts (whether evaluative or not) and which can be similarly substantive and worthwhile. In closing I'll discuss how my argument shows that our understanding of evaluative disagreement needs refinement. The overall upshot is that essential contestability shows nothing deep or distinctive about the evaluative in particular. (shrink)

I compare a ‘realist’ with a ‘social–relational’ perspective on our judgments of the moral status of artificial agents (AAs). I develop a realist position according to which the moral status of a being—particularly in relation to moral patiency attribution—is closely bound up with that being’s ability to experience states of conscious satisfaction or suffering (CSS). For a realist, both moral status and experiential capacity are objective properties of agents. A social relationist denies the existence of any such objective properties in (...) the case of either moral status or consciousness, suggesting that the determination of such properties rests solely upon social attribution or consensus. A wide variety of social interactions between us and various kinds of artificial agent will no doubt proliferate in future generations, and the social–relational view may well be right that the appearance of CSS features in such artificial beings will make moral role attribution socially prevalent in human–AA relations. But there is still the question of what actual CSS states a given AA is capable of undergoing, independently of the appearances. This is not just a matter of changes in the structure of social existence that seem inevitable as human–AA interaction becomes more prevalent. The social world is itself enabled and constrained by the physical world, and by the biological features of living social participants. Properties analogous to certain key features in biological CSS are what need to be present for nonbiological CSS. Working out the details of such features will be an objective scientific inquiry. (shrink)

This article deals critically with the process of coming to terms with ‘genocide’. It starts from the observation that conventional philosophical and legal approaches to capturing the essence of ‘genocide’ through an improved definition necessarily fail to adapt to the ever-changing nature of political violence. Faced with this challenge, the article suggests that the contemporary debate on genocide (and its denial) should be complemented with a focus on transforming the perceptive and interpretive frameworks through which acts of violence are discussed (...) in the public sphere. The main purpose of this article is to contribute, from the vantage point of political theory, to this debate by offering a novel normative perspective on negative reactions to genocide. Hence I argue that it is productive to speak of ‘genocide blindness’ in cases when the members of the public sphere are simply incapable of seeing an instance of violence as genocidal. To establish this claim, the article introduces Ludwig Wittgenstein’s reflections on ‘aspect-seeing’ so as to underline the importance of changing the way that political violence is perceived and interpreted. In a second step, the article turns to María Pía Lara’s theory of storytelling as a concrete mechanism for triggering and instituting this kind of change. (shrink)

When it comes to the question of what kind of moral claim an intelligent or autonomous machine might have, one way to answer this is by way of comparison with humans: Is there a fundamental difference between humans and other entities? If so, on what basis, and what are the implications for science and ethics? This question is inherently imprecise, however, because it presupposes that we can readily determine what it means for two types of entities to be sufficiently different—what (...) I will refer to as being “discontinuous”. In this paper, I will sketch a formal characterization of what it means for types of entities to be unique with regard to each other. This expands upon Bruce Mazlish’s initial formulation of what he terms a continuity between humans and machines, Alan Turing’s epistemological approach to the question of machine intelligence, and Sigmund Freud’s notion of scientific revolutions dealing blows to the self-esteem of mankind. I will discuss on what basis we should regard entities as (dis-)continuous, the corresponding moral and scientific implications, as well as an important difference between what I term downgrading and upgrading continuities—a dramatic difference in how two previously discontinuous types of entities might become continuous. All of this will be phrased in terms of which scientific levels of explanation we need to presuppose, in principle or in practice, when we seek to explain a given type of entity. The ultimate purpose is to provide a framework that defines which questions we need to ask if we argue that two types of entities ought (not) to be explained (hence treated) in the same manner, as well as what it takes to reconsider scientific and ethical hierarchies imposed on the natural and artificial world. (shrink)

The Pyrrhonian sceptic Favorinus of Arelata personified indeterminacy, cultivating his (or her) borderline status to undermine dogmatism. Inspired by the techniques of Favorinus, I show, by example, that ‘vague’ has borderline cases. These concrete steps lead to a more abstract argument that ‘vague’ has borderline borderline cases and borderline borderline borderline cases. My specimens are intended supplement earlier non-constructive proofs of the vagueness of ‘vague’.

Contra las tesis que sostienen que Kant presenta versiones empobrecidas, poco originales o timoratas de republicanismo, tolerancia e ilustración, aquí se argumenta que tales versiones kantianas son, con todos los matices que se quiera, tendencialmente radicales, y terminan por descansar en la coimplicación entre moralidad y estado constitucional y republicano de derecho.

The concept of responsibility for health is a significant feature of health discourse and public health policy, but application of the concept is poorly understood. This paper offers an analysis of the concept in two ways. Following an examination of the use of the word ‘responsibility’ in the nursing and wider health literature using three examples, the concept of ‘responsibility for health’ as fulfilling a social function is discussed with reference to policy documents from the UK. The philosophical literature on (...) moral responsibility is introduced, and in considering two versions, reactive attitudes and accountability, it is argued that in application both can be regarded, though with different emphasis, as being constituted in three parts: a responsible agent; having obligations ; and being susceptible to being held responsible if he fails to meet them. The three‐stage model is consistent with the examples of the word responsibility in use, but application to the social function model causes a number of problems for healthcare practice, especially for the reactive attitudes account. Apart from considerable problems in stating what exactly the obligations are and how they can be justified; and how blame might justly be apportioned and by whom, the very ideas of obligation and blame are in conflict within healthcare systems and professional nursing practice which have foundations deeply embedded in the notion of the supremacy of personal autonomy. It is concluded that current application of the concept of responsibility for health is conceptually incoherent, and if it is to retain its place in health policy and discourse, urgent remedy is required. (shrink)

The ubiquity of the term CSR threatens its carrying any distinctive meaning. Despite its long history no consensus has been developed among the industry participants, academics or other interested parties. After a careful review of the complications and complexities of the CSR debate and distinct disciplinary definitions, the article turns to approach the problem of definition using the philosophy of science. It applies a scientific definitional approach of genus, differentia and species to arrive at a definition of CSR as international (...) private business self-regulation. The article provides an overview of the implications of this definition on CSR as a field of study, a management practice and an approach to improving the dialogue concerning the social contribution of business. (shrink)

Because wicked problems are beyond the scope of normal, industrial-age engineering science, sustainability problems will require reform of current engineering science and technology practices. We assert that, while pluralism concerning use of the term sustainability is likely to persist, universities should continue to cultivate research and education programs specifically devoted to sustainable engineering science, an enterprise that is formally demarcated from business-as-usual and systems optimization approaches. Advancing sustainable engineering science requires a shift in orientation away from reductionism and intellectual specialization (...) towards integrative approaches to science, education, and technology that: draw upon an ethical awareness that extends beyond the usual bounds of professional ethics or responsible conduct of research to include macroethics, adopt anticipatory and adaptive approaches to unintended consequences resulting from technological innovation that result in more resilient systems, and cultivate interactional expertise to facilitate cross-disciplinary exchange. Unfortunately, existing education and research training programs are ill-equipped to prepare scientists and engineers to operate effectively in a wicked problems milieu. Therefore, it is essential to create new programs of graduate education that will train scientists and engineers to become sustainable engineering science experts equipped to recognize and grapple with the macro-ethical, adaptive, and cross-disciplinary challenges embedded in their technical research and development programs. Content Type Journal Article Category Articles Pages 1-18 DOI 10.1007/s10806-011-9342-2 Authors Thomas Seager, School of Sustainability and The Built Environment, Arizona State University, Phoenix Metropolitan Area, AZ, USA Evan Selinger, Department of Philosophy, Rochester Institute of Technology, Henrietta, NY, USA Arnim Wiek, School of Sustainability, Arizona State University, Phoenix Metropolitan Area, AZ, USA Journal Journal of Agricultural and Environmental Ethics Online ISSN 1573-322X Print ISSN 1187-7863. (shrink)

This article argues for the elimination of the concept of life worth living from philosophical vocabulary on three complementary grounds. First, the basic components of this concept suffer from multiple ambiguities, which hamper attempts to ground informative evaluative and classificatory judgments about the worth of life. Second, the criteria proposed to track the extension of the concept of life worth living rest on unsupported axiological assumptions and fail to identify precise and plausible referents for this concept. And third, the concept (...) of life worth living is not shown to serve any major evaluative or classificatory purpose besides those served by already available axiological concepts. By eliminating the concept of life worth living, philosophers will free themselves of the task of addressing ill-posed axiological questions and ground reflection about the worth of life on more rigorous conceptual foundations. (shrink)

This article argues for an extension to the scope of corporate social responsibility (CSR) research to include a contemporary issue of importance to national and global security, critical infrastructure resilience. Rather than extending the multiple perspectives on CSR, this study aimed to identify a method of recognising CSR-related issues, before applying it to two dissimilar case studies on critical infrastructure resilience. One case study was of an international telecommunications company based in the US while the other was of the railway (...) network in Britain during a period of privatisation. The method used was derived from Okoye’s (J Bus Ethics 89(4):613–627, 2009 ) common reference core for CSR. Both case studies satisfied all the criteria sought which points to critical infrastructure resilience as being an emerging CSR issue. Because ongoing change characterises CSR, the method may have application for identifying future new CSR strands. As the findings suggest that some aspects of national and global security are CSR-related phenomena, the study demonstrates how CSR research may be significant at a societal, national and global level. Implications of the study include a broadening of the value and reach of contributions from CSR researchers and practitioners. (shrink)

: Because "rape" has such a powerful appraisive meaning, how one defines the term has normative significance. Those who define rape rigidly so as to exclude contemporary feminist understandings are therefore seeking to silence some moral perspectives "by definition." I argue that understanding rape as an essentially contested concept allows the concept sufficient flexibility to permit open moral discourse, while at the same time preserving a core meaning that can frame the discourse.

Because “rape” has such a powerful appraisive meaning, how one defines the term has normative significance. Those who define rape rigidly so as to exclude contemporary feminist understandings are therefore seeking to silence some moral perspectives “by definition.” I argue that understanding rape as an essentially contested concept allows the concept sufficient flexibility to permit open moral discourse, while at the same time preserving a core meaning that can frame the discourse.

There is a non-trivial chance that sometime in the (perhaps somewhat distant) future, someone will build an artificial general intelligence that will surpass human-level cognitive proficiency and go on to become "superintelligent", vastly outperforming humans. The advent of superintelligent AI has great potential, for good or ill. It is therefore imperative that we find a way to ensure-long before one arrives-that any superintelligence we build will consistently act in ways congenial to our interests. This is a very difficult challenge in (...) part because most of the final goals we could give an AI admit of so-called "perverse instantiations". I propose a novel solution to this puzzle: instruct the AI to love humanity. The proposal is compared with Yudkowsky's Coherent Extrapolated Volition, and Bostrom's Moral Modeling proposals. (shrink)

Umbilical cord blood banking is one of many biomedical innovations that confront pregnant women with new choices about what they should do to secure their own and their child’s best interests. Many mothers can now choose to donate their baby’s umbilical cord blood (UCB) to a public cord blood bank or pay to store it in a private cord blood bank. Donation to a public bank is widely regarded as an altruistic act of civic responsibility. Paying to store UCB may (...) be regarded as a “unique opportunity” to provide “insurance” for the child’s future. This paper reports findings from a survey of Australian women that investigated the decision to either donate or store UCB. We conclude that mothers are faced with competing discourses that force them to choose between being a “good mother” and fulfilling their role as a “good citizen.” We discuss this finding with reference to the concept of value pluralism. (shrink)

This article investigates a significant problem in contemporary critical theory, namely its failure to address effectively the possibility that a campaign of political violence may be a legitimate means of fighting grave injustice. Having offered a working definition of 'political violence', I argue that critical theory should be focused on experiences of in justice rather than on ideals of justice. I then explore the reasons as to why, save for some intriguing remarks on retrospective legitimation, J rgen Habermas has not (...) addressed this issue directly. While Axel Honneth's recognition theory may have greater potential here, the absence of explicit consideration of the matter by him leaves considerable work to do. I introduce five questions in the concluding section that provide a starting point in setting out an appropriately stringent, normative test for claims that support violent action against injustice. (shrink)

Systematic research in the wide field of practical knowledge is a recent phenomenon. In this paper, the approaches which have been developed in the main centres of research into practical knowledge in Norway and Sweden are compared with an emphasis on their potential for revitalizing the study of ethics. The focus on narratives and reflection based on the researcher’s own professional experience which is the distinguishing feature of the centre for practical knowledge at the University of Nordland is seen as (...) a very promising addition to the traditional repertory of ethical studies. (shrink)

Michael Naish; Education and Essential Contestability Revisited, Journal of Philosophy of Education, Volume 18, Issue 2, 30 May 2006, Pages 141–153, https://doi.

Analyses of religious and cultural perspectives on the use of force continue to receive criticism for questionable motives, for insufficient holism, and for exaggerating uniqueness. Claims of recurrent problems educe consideration of interdisciplinary proposals designed to resolve related challenges. Thought together, some suggest that a transversal research program into ethical orientations toward war can facilitate fair and rigorous exploration of crosscultural similarities and differences. Tentative findings emphasizing textual precepts indicate some resonance amid diversity across eleven ethical frameworks including Western just (...) war thinking. Maximizing relevance depends upon expanding the range of orientations and practices studied. Future results might be integrated with knowledge about the influence of other variables to more completely capture the phenomenon of making judgments regarding the use of force in all its manifestations. (shrink)

This paper is intended to be a summary of the author's views on the relationship between law and morality worked out over the past three decades in jurisprudence. The paper preliminarily clarifies the matter by isolating some lines of cleavage separating different questions askable about this relationship. With this done, the author argues for two theses. One, that judges are obligated to use morality in their decisions in particular cases; and two, that the morality judges are obligated to use in (...) their judicial reasonings, is best seen as the natural lawyer sees it, namely, as being part of the law that obligates judges in their role as judges. The author not only believes these theses to be true; he also thinks that these theses are practically important, in that their acceptance by judges makes for better judging. (shrink)

Stakeholder theory is widely accepted but elementary aspects remain indeterminate as the term ‘stakeholder’ is an essentially contested concept, being variously describable, internally complex and open in character. Such contestability is highly problematic for theory development and empirical testing. The extent of essential contestability, previously unknown, is demonstrated in this paper through a bounded systematic review of 593 different stakeholder theory definitions. As an essentially contested concept, the solution does not lie in a universal stakeholder definition, but in debating the (...) boundaries of stakeholder identification. To this end, this paper presents the first major attempt at sorting, filtering and ordering stakeholder theory and stakeholder definitions to produce a comprehensive, multi-dimensional classification of stakeholder theory. The constructs of the classification model juxtapose existing stakeholder theories and contributions from across the multi-contextual applications of stakeholder theory, thereby providing an invaluable overview of what we know about stakeholder theory in one model. The classification model is then tested with positive results. The paper concludes with a comprehensive discussion of the implications of classification stakeholder theory definitions, which has for future research. (shrink)

The concept of the ‘stakeholder’ has become central to business, yet there is no common consensus as to what the concept of a stakeholder means, with hundreds of different published definitions suggested. Whilst every concept is liable to be contested, for stakeholder research, this is problematic for both theoretical and empirical analysis. This article explores whether this lack of consensus is conceptual confusion, which would benefit from further debate to try to reach a higher degree of elucidation, or whether the (...) stakeholder concept is essentially contested, rendering the quest to seek a singular definition unfeasible. The theory of essentially contested concepts was proposed by Gallie (Proc Aristot Soc 56:167–198, 1956 ). The seven criteria Gallie prescribes for evaluating essentially contested concepts are applied to the stakeholder concept. The analysis suggests that this concept is an essentially contested concept and this explains the degree of definitional variation. (shrink)

The notion of politicization has been often assimilated to that of partisanship, especially in political and social sciences. However, these accounts underestimate more fine-grained, and yet pivotal, aspects at stake in processes of politicization. In addition, they overlook cognitive mechanisms underlying politicizing practices. Here, we propose an integrated approach to politicization relying on recent insights from both social and political sciences, as well as cognitive science. We outline two key facets of politicization, that we call partial indetermination and contestability, and (...) we show how these can be accounted for by appealing to recent literature in cognitive science concerned with abstract conceptual knowledge. We suggest that politicizing a concept often implies making its more abstract components more salient, hence legitimating its contestable character. Finally, we provide preliminary suggestions to test our proposal, using the concept of gender as case study. (shrink)

Although the notion of an essentially contested concept may shed light on the logic of disputes over the proper application of some key political terms, it nevertheless plays no genuine role in explaining the intractability of these disputes. The notion of an essentially contested concept is defended against some influential criticisms, showing how it is possible for one conception of an essentially contested concept to be justifiably regarded as superior to other competing conceptions. Two possible answers are distinguished to the (...) question of why disputes over essentially contested concepts should be regarded as inevitable, but neither provides us with a plausible explanation for why they are so intractable. Disagreements over the proper use of key political concepts are better explained by features of moral and political discourse, such as the short reach of ?intellectual authority? and the fact that consensus is not one of its primary aims, in conjunction with empirical hypotheses from the social sciences, rather than by essential contestedness theses. (shrink)

The classification of a state of affairs under a legal category can be considered as a kind of con- densed decision that can be made explicit, analyzed, and assessed us- ing argumentation schemes. In this paper, the controversial conflict of opinions concerning the nature of “marriage” in Obergefell v. Hodges is analyzed pointing out the dialecti- cal strategies used for addressing the interpretive doubts. The dispute about the same-sex couples’ right to marry hides a much deeper disa- greement not only (...) about what mar- riage is, but more importantly about the dialectical rules for defining it. (shrink)

The aim of this article is to give an account of a methodological link between drama and political theory. This account is drawn primarily from the early philosophical work of Deleuze. Following Deleuze, we will refer to it as ‘the method of dramatization’. We will argue that dramatization is a method aimed at determining the quality of political concepts by ‘bringing them to life’, in the way that dramatic performances bring to life the characters and themes of a play-script. We (...) demonstrate that this can be specified in relation to the development of this method in Deleuze's early philosophical work as a practical, critical and artistic method and, in relation to the ontological assumptions he articulated and defended in Difference and Repetition, as a process of intensification of the Idea of the political. By way of example, we discuss how the dramatization of the concept of ideology functions in Deleuze and Guattari's Anti-Oedipus and A Thousand Plateaus. We conclude with some lines of inquiry that could be pursued by political theorists looking to investigate further the dramatic nature of method in political theory. (shrink)

The article defends ubuntu against the assault by Enslin and Horsthemke (Comp Educ 40(4):545–558, 2004 ). It challenges claims that the Africanist/Afrocentrist project, in which the philosophy of ubuntu is central, faces numerous problems, involves substantial political, moral, epistemological and educational errors, and should therefore not be the basis for education for democratic citizenship in the South African context. The article finds coincidence between some of the values implicit in ubuntu and some of the values that are enshrined in the (...) constitution of South Africa and that on that basis argues that ubuntu has the potential to serve as a moral theory and a public policy. The educational upshot of this article’s argument is that South Africa’s educational policy framework not only places a high premium on ubuntu, which it conceives as human dignity, but it also requires the schooling system to promote ubuntu-oriented attributes and dispositions among the learners. The article finds similarities between ubuntu and bildung, whose key advocates, among others was German scholar and intellectual Wilhelm von Humboldt. It argues that it would be ethnocentric, and indeed silly to suggest that the ubuntu ethic of caring and sharing is uniquely African when some of the values which it seeks to promote can also be traced in various Eurasian philosophies. (shrink)

This article assesses recent claims that international courts and tribunals can enhance their legitimacy through public reason. Section one argues that international legal scholars attribute a wide range of meanings to public reason, and goes on to provide clarification of how this range of conceptions, or ideas and ideals, referred to as public reason fits into the dominant and broadly Rawlsian tradition. Section two analyses properties and features of international courts that make public reason normatively relevant. Section three then sketches (...) an ideal of public reason for ICs that suggests guidelines and principles to limit the discretion of judges when reasoning about morally and politically contentious issues. This ideal is designed to address a particular legitimacy concern raised against many new international courts, namely, that they engage in judicial activism, passing judgments on contentious moral and political issues without being sufficiently authorized and accountable. This ideal does not encourage the judges to engage in more judicial review, rather it seeks to restrict the judges' reasoning and judicial discretion when engaging in review and judicial development of the law. The final section compares and contrasts the proposed account of public reason to other adjudicative ideals, both from the general adjudicative accounts of Ronald Dworkin and Cass Sunstein, as well as the more ambitious and cosmopolitan accounts of public reason for ICs offered by the legal scholars Kumm, Sadurski, and Petersmann. (shrink)

This paper consists of brief critical comments on Chapter 8, “Personifying Group Agents”, of Christian List’s and Philip Pettit’s book Group Agency (2011). A first set of objections concerns the chapter’s history of ideas. List and Pettit present the history of the idea of corporate personhood as divided between “intrinsicist” and “performative” conceptions. I argue that this distinction does not fit with the historical record and that it makes important political and legal divides and battles invisible. A second set of (...) criticisms builds on perspectives provided by the sociology of knowledge and by John Dewey. My guiding thought here is that “person”, at least when the term is applied to groups, is what political scientists call an “essentially contested concept”. My third set of comments targets the rudimentary political philosophy of List’s and Pettit’s book. I suggest that List’s and Pettit’s corporate personhood theory turns out to be normatively irrelevant; that their concept of “respect” is marred by an ambiguity; and that it remains unclear how their work constitutes progress in guarding against corporate power. (shrink)

My aim in the paper will be to better understand what faultless disagreement could possibly consist in and what speakers disagree over when they faultlessly do so. To that end, I will first look at various examples of faultless disagreement. Since I will eventually claim that different forms of faultless disagreement can be modeled semantically on different forms of context-sensitivity I will, in a second step, discuss three different semantic accounts that all promise to successfully accommodate certain forms of context-sensitivity: (...) Indexical Contextualism, Nonindexcal Contextualism and Radical Relativism . Focussing on the controversy between Indexical and Nonindexical Contextualists the remainder of the paper will be devoted to the question which theory is best suited to handle what kind of disagreement. (shrink)

: This essay examines the Diagram of the Supreme Ultimate and its shifting interpretations—those of Zhu Xi (1130–1200) and Wang Tingxiang (1474–1544) in particular—and by doing so explores the significance of ‘‘cosmogony’’ in the Confucian tradition and its significance for the change of political philosophy from the Song dynasty through the Ming. First, through a close reading of Zhu Xi’s commentaries on the Diagram, it is argued that they should be interpreted primarily as a statement of political philosophy rather than (...) a mere textual study of Zhou Dunyi’s metaphysics. Wang Tingxiang’s reworking of the Diagram is examined in order to explore the transformation of its worldview through the shifted focus from li to qi. Then, by connecting the fundamental structures of the two cosmogonies to other aspects of their systems of thought, the moral and political implications that develop from the cosmogonies are unraveled. This examination of shifting interpretations of the Diagram will shed light on the cosmogonies as crucial expressions of political philosophy in the Confucian tradition without losing sight of their historical contexts. (shrink)

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

What does the term academic ethics mean? How does this term relate to others in the academic integrity literature, such as research misconduct? Does conceptual confusion in the study of academic ethics complicate development of valid analyses of ethical behavior in an academic setting? The intended goal of many empirical projects on academic ethics is to draw causal conclusions about the factors that lead to faculty or students possessing or disregarding academic integrity. Yet, it is not clear that scholars using (...) the concept academic ethics are measuring the same phenomenon when they use associated concepts, such as responsible conduct of research. The purpose of this paper is to develop a taxonomy of concepts for the empirical study of academic ethics. Based in research on comparative analysis of democracy, another normatively preferable but multifaceted concept, I argue for a taxonomy of concepts for the study of academic integrity that reduces problems of “conceptual stretching” and challenges to the validity of empirical research in this field. (shrink)

Scholars in science and technology studies (STS) have recently been called upon to advise governments on the design of procedures for public engagement. Any such instrumental function should be carried out consistently with STS’s interpretive and normative obligations as a social science discipline. This article illustrates how such threefold integration can be achieved by reviewing current US participatory politics against a 70-year backdrop of tacit constitutional developments in governing science and technology. Two broad cycles of constitutional adjustment are discerned: the (...) first enlarging the scope of state action as well as public participation, with liberalized rules of access and sympathetic judicial review; the second cutting back on the role of the state, fostering the rise of an academic-industrial complex for technology transfer, and privatizing value debates through increasing delegation to professional ethicists. New rules for public engagement in the United Sates should take account of these historical developments and seek to counteract some of the anti-democratic tendencies observable in recent decades. (shrink)

This article explains some moral dimensions of a transnational feminist research project designed to provide a better standard or metric for measuring poverty across the world. The author is an investigator on this project. Poverty metrics incorporate moral judgments about what is necessary for a decent life, so justifying metrics requires moral argumentation. The article clarifies the moral aspects of poverty valuation, indicates some moral flaws in existing global poverty metrics, and outlines some conditions for a better global metric. It (...) then explains the methodology used in our project, providing its moral rationale and discussing some remaining moral concerns. (shrink)

“Reimagining a global ethic” is a project worthy of Andrew Carnegie and of the Carnegie Council's upcoming commemoration of his founding gift in 1914. As a collaborative research project stretching forward over the next three years, it ought to be integrative and reconciliatory: that is, it must try to understand the globalization of ethics that has accompanied the globalization of commerce and communications and to figure out what ethical values human beings share across all our differences of race, religion, ethnicity, (...) national identity, and material wealth. When human beings do disagree morally, the search for a global ethic becomes an attempt to elucidate by analysis what exactly people are disagreeing about, so that, after arguing out our differences, we can either agree to disagree or work together to find common ground. Finding common ground on large ethical matters and understanding more deeply why, in some instances, we remain at odds with each other is worthwhile in itself, but it might also further Andrew Carnegie's original goal in founding the Council, which was to reduce the amount of conflict and violence in the world. (shrink)

This paper addresses the question of the constitution of ‘the people’. It argues that J.L. Austin’s concept of the ‘perlocutionary’ speech act gives us a framework for understanding the constitutive force of a specific constitutional document: the American Declaration of Independence. It does so through responding to Derrida’s analysis of the Declaration, which itself draws on Austin’s work. Derrida argues that the Declaration’s constitutive force lies in the fact that it cannot be simply understood as either ‘performative’ or ‘constative’, in (...) Austin’s terminology. According to Derrida, ‘the people’ do not pre-exist the Declaration, but are constituted in the act of declaration itself. In response, I argue that while Derrida’s insight regarding the constitution of ‘the people’ is sound, his analysis misses two key aspects of the Declaration. These two lacunae point the way to an understanding of the constitutive force of the Declaration in terms of Austin’s ‘perlocutionary’ speech act. (shrink)