Abstract:This article sets out two central theses. Both theses primarily involve a fundamental criticism of current contractarian business ethics (CBE), but if these can be sustained, they also constitute two boundary conditions for any future contractarian theory of business ethics. The first, which I label the self-discipline thesis, claims that current CBE would gain considerably in focus if more attention were paid to the logic of the social contract argument. By this I mean the aims set by the theorist and (...) method of reasoning by which normative conclusions are drawn in the contract model. The second, to which I refer as the domain-specificity thesis, argues that current CBE needs to be better adapted to its field of application and the specific goals which it aims to establish. I will substantiate these two theses on the basis of a comparative analysis of CBE with two earlier families of social contract theories. (shrink)

On Conditions of Participation: The Deficits of Public Reason The paper analyzes the conditions of civic participation that are elucidated by criticism of the deficits of public reason. The interpretation proceeds in three steps. First, the idea of public reason and discourse is analyzed, followed by an explanation of democratic deficit and of the social deficit in the second and third steps, respectively. These deficits are analyzed as an essential limit to political and social conditions of the participation of citizens. (...) The analysis focuses thereby on the theory of public reason by one of the most influential political philosophers of the last decades, John Rawls. The paper identifies two main pitfalls in his theory: first, the deficit following from an inadequate integration of an individual into society, which, in this case, represents democratic deficit, second, the deficit linked with underrating the socio-distributive dimension of justice, which means a social deficit. (shrink)

I argue that a governance perspective on corporate social responsibility (CSR) makes it possible to explain why the concept will always be under‐defined, is normative and thus political by nature, and is and should be difficult to measure. The perspective also makes it possible to understand the interaction between corporate values and stakeholders values.In processes of dialogue within governance systems and governance structures, changing insights into the principles of CSR can lead to regulation or its adjustment. Power is important in (...) these dialogues. Principles are at least partly shaped within governance systems and governance structures, and they influence the outcomes of corporate policies. Changes within the regulatory framework could also lead to changes in the principles of CSR.Value attunement processes could lead to regulation, which again influences the governance structures and thus the power of stakeholders within the dialogue. The theoretical model provided helps to analyze why CSR is different in companies, cultures and academic traditions. (shrink)

Plausible retributivist justifications for punishment assert that the commission of a moral wrong creates a pro tanto reason to punish the person who committed it. Yet there are good case-based and theoretical reasons to believe that not all moral wrongs are the proper subjects of criminal law or that they are within the proper domain of the state. This article provides these reasons, which suggest that a plausible retributivist justification for punishment must make distinctions between state-relevant and non-state-relevant moral wrongs (...) and state-relevant and non-state-relevant desert. The article makes the case for Rawlsian public reason as a plausible method for making these distinctions. (shrink)

The article considers Jürgen Habermas's views on the relationship between postmetaphysical philosophy and religion. It outlines Habermas's shift from his earlier, apparently dismissive attitude towards religion to his presently more receptive stance. This more receptive stance is evident in his recent emphasis on critical engagement with the semantic contents of religion and may be characterized by two interrelated theses: the view that religious contributions should be included in political deliberations in the informally organized public spheres of contemporary democracies, though translated (...) into a secular language for the purposes of legislation and formal decision making and the view that postmetaphysical philosophy should seek to salvage the semantic contents of religious traditions in order to supply the evocative images, exemplary figures, and inspirational narratives it needs for its social and political projects. With regard to, it argues that the translation requirement impairs the political autonomy of religious believers and other metaphysically inclined citizens, suggesting that this difficulty could be alleviated by making a distinction between epistemologically authoritarian and non-authoritarian religious beliefs. With regard to, it argues that the salvaging operation is not as straightforward as Habermas seems to suppose and that social and political philosophy may not be able to tap the semantic power of religious traditions without relying on metaphysical assumptions; it concludes that, here, too, a distinction between authoritarian and non-authoritarian approaches to knowledge and validity may be useful. (shrink)

Habermas dialogically recasts the Kantian conception of moral autonomy. In a legal-political context, his dialogical approach has the potential to redress certain troubling features of liberal and communitarian approaches to democratic politics. Liberal approaches attach greater normative weight to negatively construed individual freedoms, which they seek to protect against the interventions of political authority. Communitarian approaches prioritize the positively construed freedoms of communal political participation, viewing legal-political institutions as a means for collective ethical self-realization. Habermas’ discourse theory of law and (...) democracy seeks to overcome this competition between the negative and positive liberties. Doing so entails reconciling private and public autonomy at a fundamental conceptual level. This is his co-originality thesis, which seeks to show that private and public autonomy are internally connected and evenly balanced. I support his aim but argue that he fails to achieve it due to an unsatisfactory account of private autonomy. I suggest an alternative dialogical conception of autonomy as ethically self-determining agency that would enable him to establish his thesis. (shrink)

Abstract:The aim of this paper is to create a framework which can serve as a guide to the understanding of organizational ethicality. This is done by linking ethical and organizational theory. Organizational ethicality is about “being” as well as “doing”: relevant ethical theory is therefore both substantive (agent-centred, concerned with the “good”) as well as procedural (act-centred, concerned with the “right” in the sense of the moral or just thing to do). The ethical theories of Alasdair MacIntyre and Jurgen Habermas, (...) as representatives of these two traditions, are mapped onto a framework which characterises organizations as assemblages of practices supported by a climate embedded within an organizational culture. Organizational practice is articulated and given meaning within a discourse of “sensemaking” in which narrative creates space-time links between people and events. Within that same communicative climate practices are evaluated and decisions taken. This theoretical framework is specified in such a way as to highlight the parallels with the ethical theories of MacIntyre, who uses notions of practice, tradition and the narrative unity of moral experience to create an ethical theory of the “good,” and Habermas, who spells out the process of moral argumentation by which consensus on the “just” or “right” is reached. Some possibilities for further research are suggested at the end of the paper. (shrink)

This article addresses the problem of inter-normative engagement, of constructing dialogical interaction across substantive normative difference. Focusing on how this affects democratic and pluralistic contexts, it argues that a social-practice-based approach to normativity and reasoning offers unique resources to understand and frame such encounters. It specifically draws on pragmatism and the work of Richard Rorty to reframe normativity, authority, identity, and reason, linking these understandings to recent trends to deliberative political inclusivism in democratic theory. The upshot is that framing inter-normative (...) engagement as calls to responsive engagement between diverse systems of normative authority offers real insights for constructing and maintaining ongoing democratic engagements in a non-hierarchical manner. This, the article argues, extends emerging methodological trends in the broader literature while overcoming the morass between conflict- and consensus-oriented approaches in democratic th... (shrink)

Countering the present trend in the discourse on justice wherein human reason is perceived and marginalized as an embarrassment to justice and the trend to reject the concept of formal justice, this paper argues that there is formal justice and the essence of justice is setting things right and setting righteousness to stand straight. By this token, justice means the rule of reason, not the rule of power and desire, and the ethics of justice differs fundamentally from the ethics of (...) care/benevolence. The popular assumption that justice as the rule of reason is incompatible with the idea of justice as accommodating diversity is unjustified. The paper joins the present discourse on justice from a historical perspective. It examines the historical Confucian and neo-Confucian concept of justice in a way of its dialogues with other Western concepts of justice such as Plato's concept of justice. (shrink)

Realist thinkers in political philosophy often criticize ideal theorists for neglecting or eliminating the fact of politics in their work. This is supposed to be problematic because we should never expect to overcome politics. Any theory that attempts to do so is said to be unrealistic, naïve, and impractical. Although much has been said in the dispute between realists and ideal theorists in recent years, this particular line of criticism, which should be distinguished from other criticisms of ideal theory, has (...) not been clearly or explicitly addressed by ideal theorists in the literature. I deal with this issue by examining the ideal theory of John Rawls, which has been a prominent target of realist criticisms. My aim is to see where politics exists, or might exist, in Rawls’s theory, and whether this politics satisfactorily answers to the various aspects of the realist’s critique. My analysis suggests that there may be no inherent or necessary conflict between ideal theory and real politics, after all. (shrink)

Under the influence of Hilary Putnam’s collapse of the fact/value dichotomy, a resurging approach that challenges the movements of American pragmatism and discourse ethics, I tease out in the first section of my paper the demand for the warranted assertibility hypothesis in Putnam’s sense that may be possible, relying on moral realism to get rid of ‘rampant Platonism’. Tracing back to ‘communicative action’ or the Habermasian way that puts forward the reciprocal understanding of discourse instigates the idea of life-world as (...) composed of ‘culturally transmitted and linguistically organized stock of interpretative patterns’, this section looks for whether Habermas’ psychoanalysis of prolonged discussion can accord with Putnam’s thick ethical terms or not. The last section of the paper pitfalls Putnam’s stance to accepting Habermas’ ‘discourse ethics’ that centers around the context of entangling ‘rational thoughts’ to ‘communication’, but he introduces the idea of fallibilism in a rational query that also attacks the Habermasian metaphysical idea of the validity of ethical statements that goes towards the truth. My next attempt is to see whether Putnam’s objective dictum towards morality that resonates the collapse of fact/value dichotomy from a universalistic stand can successfully evade Rorty’s naive realism and Habermas’ ‘sociologism about values’ respectively. This sort of claim insists on a universalizable pattern of culture-relative value. I consider that the idea of a fact/value dichotomy engages with the inextricable entanglement between the normative and descriptive content, besides the epistemic values having exclusively intertwined with the structure of factual discourse that intends towards collapsing the fact/value dichotomy, a subjective universalizability predilection. (shrink)

Abstract Under the influence of Hilary Putnam’s collapse of the fact/value dichotomy, a resurging approach that challenges the movements of American pragmatism and discourse ethics, I tease out in the first section of my paper the demand for the warranted assertibility hypothesis in Putnam’s sense that may be possible, relying on moral realism to get rid of ‘rampant Platonism’. Tracing back to ‘communicative action’ or the Habermasian way that puts forward the reciprocal understanding of discourse instigates the idea of life-world (...) as composed of ‘culturally transmitted and linguistically organized stock of interpretative patterns’, this section looks for whether Habermas’ psychoanalysis of prolonged discussion can accord with Putnam’s thick ethical terms or not. The last section of the paper pitfalls Putnam’s stance to accepting Habermas’ ‘discourse ethics’ that centers around the context of entangling ‘rational thoughts’ to ‘communication’, but he introduces the idea of fallibilism in a rational query that also attacks the Habermasian metaphysical idea of the validity of ethical statements that goes towards the truth. My next attempt is to see whether Putnam’s objective dictum towards morality that resonates the collapse of fact/value dichotomy from a universalistic stand can successfully evade Rorty’s naive realism (structured by linguistic representation) and Habermas’ ‘sociologism about values’ (a kind of minimalist ethics depending on solidarity) respectively. This sort of claim insists on a universalizable pattern of culture-relative value. I consider that the idea of a fact/value dichotomy engages with the inextricable entanglement between the normative and descriptive content, besides the epistemic values having exclusively intertwined with the structure of factual discourse that intends towards collapsing the fact/value dichotomy, a subjective universalizability predilection. (shrink)

This study examines the contestability of “relevance” as an abstract construction with no fixed meaning when applied, and questions its usage in the research quality debate. It finds that different research agendas and approaches have their own idiosyncratic logic and that any logic has its own criteria for assessing quality which cannot be applied to assess the quality of others. This is illustrated by delineating practitioner-led research from academic-led research and by comparing and contrasting research perspectives as examples. The research (...) quality debate becomes meaningless when it is limited to a singular research agenda or approach as in practice these are invariably combined. Having said this, however, every agenda and approach can be argued to be legitimate as potentially each can find what otherwise cannot be noticed. As a result, this study challenges the conventional unitarist wisdom that conceptualises knowledge as commodity, and suggests instead that heterogeneity, linked to tolerance and relative independence of means and mind, free from the control or influence of others to enable critical distance from context and status quo and facilitate judgement, is the key to those seeking a meaningful research quality debate that acknowledges tolerance of the diversity of knowledge, difference, contestation and struggle. Although such heterogeneity may at first appear to add confusion rather than clarity, without first looking at this heterogeneity it is not possible to develop a dialogue, in the context of the present neo-liberal post-political drift that emphasises consensus, the annulment of dissensus and diverts attention from relationships of power, through which a positive contribution can be made to the research quality debate. (shrink)

Liberalism as a political ideology and a philosophical doctrine has championed individual autonomy, social and political equality, and democratic and inclusive political institutions. Consequently, liberalism is known for its commitment to tolerance and value pluralism. Yet liberalism has been critiqued for being insensitive to claims of culture. Indeed, an attitude of benign neglect toward diversity was once quite common among liberals, as was a general lack of interest in global concerns. Worse yet, according to some critics the liberal tradition—in spite (...) of its purported liberating mission of autonomy and self-determination —has provided the rationale for imperialism rooted in the liberal assumptions about reason and historical progress. Though these ironies are a clear source of embarrassment for today's liberals, liberalism still displays an uneasy commitment to pluralism. Liberals today are more challenged than ever to look at the dynamics of diversity both at home and abroad. (shrink)

Wealth and income are highly predictive of health and longevity. Egalitarians who maintain that this “socioeconomic-status gradient” in health is unjust are challenged by the fact that a significant component of it is owed to the higher prevalence of certain kinds of voluntary risk-taking among members of lower socioeconomic groups. Some egalitarians have argued that these apparently free personal choices are not genuinely free, and that those who make them should not be held morally responsible for the resulting harms to (...) their health. I argue to the contrary that such choices usually are fully free, and that those who make them are responsible for their consequences. This does not imply, however, that society cannot also be responsible for those consequences. It is responsible for them if they are statistically foreseeable and avoidable outcomes of unjust public institutions and policies. I show that many of the harms to health that contribute to the voluntary behavioral component of the SES health gradient satisfy that description. Society can therefore be morally responsible for those harms, even though the individuals who suffer them are also fully responsible for them. (shrink)

In this essay, I attempt to measure various prevailing democratic theories against an argument that Carl Schmitt advances in the first chapter of his ‘Crisis of Parliamentary Democracy’. In practice, he claims there, democratic politics is compelled to introduce a distinction between ‘the will of the people’ and the behaviour of the empirical people, thus justifying the bracketing and unlimited suspension of the latter in the name of the former, even to the point of dictatorship. I argue that no contemporary (...) approach to democracy as a fundamental value is able to mount a compelling response to this critique and that we should therefore reconsider the status of democracy as a normative commitment. I proceed by carefully and closely reading Schmitt’s chapter and then by juxtaposing various currents of democratic theory (including liberal, deliberative, epistemic and various hybrids thereof) with the trajectory of Schmitt’s argument. This essay is therefore less of a contribution to Schmitt scholarship, in the sense that it does not take a panoramic view of his corpus to determine his final stance on democracy, and more of an intervention into contemporary democratic theory using Schmitt’s argument as a kind of lever. (shrink)

The article analyzes the possibility of reconciling skepticism with moral theories and the idea that moral philosophy is the supreme arbiter of all moral justification. We cannot take universally valid maxims as descriptive rules nor can we fall into an individualistic relativism. H. Putnam seeks to deconstruct Habermas' separation of values and norms, and, in doing so, he shows the need for such a reconciliation.

This article poses the question of the social and intellectual conditions for genuine social scientific internationalism, through an analysis of the worldwide spread of a new global vulgate resulting from the false and uncontrolled universalization of the folk concepts and preoccupations of American society and academe. The terms, themes and tropes of this new planetary doxa - `multiculturalism', `globalization', `liberals versus communitarians', `underclass', racial `minority' and identity, etc. - tend to project and impose on all societies American concerns and viewpoints, (...) thereby transfigured into tools of analysis and yardsticks of policy fit to naturalize the peculiar historical experience of one peculiar society, tacitly instituted as a model for humanity. The article suggests how the logic of the international circulation of ideas, the transformations of the academic field, the strategies of foundations and publishers, and of local collaborators in global conceptual `import-export' converge to foster a particularly powerful and pernicious form of cultural imperialism of which academics are at once perpetrators and victims. (shrink)

In this paper, I defend a metaethical position described as ‘actual agreement contractualism’: the view that norms arise from actual attempts to arrive at legitimate terms for social cooperation among all those affected. I distinguish the actual agreement approach from hypothetical approaches to contractualism, and defend the former against objections from Thomas Scanlon, in particular. The attractiveness of a focus on actual agreements, I argue, is seen in the way it resolves problems internal to the hypothetical approach as well as (...) in its implications for the purpose of moral theory and for the obligation to justify our actions to others.Dans cet article, je défends une position métaéthique pouvant être désignée comme «contractualisme de l’accord réel», soit la position voulant que les normes découlent d’efforts réels pour s’entendre sur les termes légitimes de la coopération sociale entre tous ceux qui sont touchés. Je distingue cette approche des approches hypothétiques du contractualisme et je défends la première, notamment contre les objections de Thomas Scanlon. L’attrait d’une approche basée sur les accords réels se voit dans la façon dont elle permet de résoudre certains problèmes internes de l'approche hypothétique, mais aussi dans ce qu’elle implique quant à l'objet de la théorie morale et quant à l'obligation de justifier nos actions auprès des autres. (shrink)

Deliberative democracy is often celebrated and endorsed because of its promise to include, empower, and emancipate otherwise oppressed and excluded social groups through securing their voice and granting them impact in reasoned public deliberation. This article explores the ability of Habermas’ theory of deliberative democracy to accommodate the demands of historically excluded social groups in democratic plural societies. It argues that the inclusive, transformative, and empowering potential of Habermas’ theory of deliberative democracy falters when confronted with particular types of historical (...) injustices. It falters because it pays little attention to the historical dimension of injustices and the demands to which it gives rise. The historical dimension of longstanding injustices, it is argued, gives rise to a set of distinctive demands, such as collective memory of exclusion, acknowledgement of historical injustices, taking responsibility, and offering apology and reparations for causing these injustices, which go beyond the type of democratic inclusion that is often offered by deliberative democracy. Yet, the solution is not to abandon the model of deliberative democracy. Quite the contrary, it remains a valuable basis for forward-looking political decision making. The article concludes that in order to achieve inclusive, empowering and transformative deliberation in consolidated democracies that have experienced historical injustices, the politics of reconciliation is indispensable. (shrink)

This article argues that Honneth’s ‘plural conception of justice’, founded on a theory of recognition, does not succeed in distancing itself from Rawls’ liberal theory of justice. The article develops its argument by evaluating three major objections to Rawls’ liberalism raised by Honneth in his recent articles on justice: namely, first, that the parties responsible for choosing principles of justice are too individualistic and their practical reasoning too instrumentalist; second, that by taking as its ‘object-domain’ the negative liberty of persons, (...) Rawls’ theory fails to promote the actual realization of liberty; and finally, that Rawls’ method of principle justification undermines the ‘priority’ of its Kantian ‘formality’ by presupposing a substantive commitment to a conception of individual good. Arguing that Honneth’s interpretation of Rawls’ theory contains important errors, the article concludes that both theories share the basic intention of securing for all citizens the material and institutional conditions for the actualization of otherwise merely formal liberties or, in Honneth’s terms, mutual self-realization. (shrink)

This article tries to develop a moderate reading of political liberalism applicable to post-Islamist, Muslim-majority societies. Contrary to the strong reading, which considers political liberalism as limited in its scope to those societies that already have a strong liberal tradition, I argue that Rawls’ project does have something to offer to reasonable post-Islamist, Muslim individuals. In part I of the article the idea of a post-Islamist, Muslim-majority society is conceptualized and explained. Part II focuses on the Rawlsian ideas of justification, (...) demonstrating that the conceptions of justification available in political liberalism, i.e. political constructivism, wide reflective equilibrium and a wide view of public reasoning with its ideas of declaration and conjecture, can justify the political conception of justice for reasonable individuals living in any society, including post-Islamist ones. Focusing on Rawls’ notions of stability in part III, I argue that the idea of overlapping consensus should not be considered as the only account of stability offered by political liberalism. Put another way, notwithstanding the strong reading of political liberalism in real western and post-Islamist democracies, liberal stability is always a mixture of overlapping consensus and modus vivendi. (shrink)

This article aims to develop a ground for freedom of speech that combines two justifications – democratic participation and autonomy. First, it is argued that consequentialist justifications, such as discovery of truth and personal development, are far from providing a strong justification for free speech due to their reliance on uncertain empirical validation. Second, it is claimed that a stronger and better ground for free speech can be constructed by articulating two non-consequentialist justifications for free speech – democratic participation and (...) autonomy. This articulation, which I call the double-grounded non-consequentialist justification for free speech, considers autonomy and democratic participation as complementary principles. In this sense, a double-grounded justification engages justification as autonomy and democratic participation in a dialogue in order to provide remedies for the specific weaknesses of these two positions. (shrink)

ABSTRACTThis article studies multi-stakeholder initiatives as spaces for both deliberation and contestation between constituencies with competing discourses and disputed values, beliefs, and preferences. We review different theoretical perspectives on MSIs, which see them mainly as spaces to find solutions to market problems, as spaces of conflict and bargaining, or as spaces of consensus. In contrast, we build on a contestatory deliberative perspective, which gives equal value to both contestation and consensus. We identify four types of internal contestation which can be (...) present in MSIs—procedural, inclusiveness, epistemic, and ultimate-goal—and argue that embracing contestation and engaging in ongoing revision of provisional agreements, criteria, and goals can enhance the democratic quality of MSIs. Finally, we explore the implications of this perspective for theorizing about the democratic quality in MSIs and about the role of corporations in transnational governance. (shrink)

While Okin's feminist appropriation of Rawls's theory of justice requires that principles of justice be applied directly to the family, Rawls seems to require only that the family be minimally just. Rawls's recent proposal dulls the critical edge of liberalism by capitulating too much to those holding sexist doctrines. Okin's proposal, however, is insufficiently flexible. An alternative account of the relation of the political and the nonpolitical is offered by Jürgen Habermas.

The article argues that the possibility of an unlimited gap in income and wealth between the top and bottom segments of society is incompatible with a democratic commitment to political equality. T...

One of the predominant debates in AI Ethics is the worry and necessity to create fair, transparent and accountable algorithms that do not perpetuate current social inequities. I offer a critical analysis of Reuben Binns’s argument in which he suggests using public reason to address the potential bias of the outcomes of machine learning algorithms. In contrast to him, I argue that ultimately what is needed is not public reason per se, but an audit of the implicit moral assumptions of (...) societies within which algorithms are built and applied. Public justification is appealing since it offers us the possibility to align the decision-making outcomes of the algorithm with the core moral values of stakeholders within a constitutional democratic society. My concern is that the common moral principles that form the foundation of public reason are not necessarily neutral, as they still express specific moral ideals and normative standards even if there is moral agreement by society as a whole, or among different stakeholders within society. Appealing to such normative standards may thus still lead to algorithmic outcomes being biased as common moral values may very well still be discriminatory even though they are formed from a consensus, and even if public reason is applied as a kind of filter for potential algorithmic outcomes. Hence, I argue that these implicit moral norms within society that we take as a given in public reasoning, need to be audited from generation to generation in order to effectively mitigate potential algorithmic bias. (shrink)

In 1971, John Rawls published A Theory of Justice, the burden of which was strongly egalitarian. But Rawls eventually came to the conclusion that the project of working out a stable, well‐ordered society as argued in A Theory of Justice had failed. In 1993, in Political Liberalism, Rawls sought to establish a sounder theoretical foundation for a stable, well‐ordered society. Rawls was widely viewed, however, as having given up egalitarianism in Political Liberalism ‐ the commitment to a fair distribution, or (...) ‘justice as fairness’, along lines originally developed in A Theory of Justice. I argue, by contrast, that Political Liberalism does not in fact repudiate the egalitarianism of A Theory of Justice. Political liberalism has many variants, including variant conceptions of justice. In the first part of what follows, the question is raised whether political liberalism can defend a conception of justice that is as egalitarian as ‘justice as fairness’. Such a conception would guarantee the fair value of political liberties and would also contain the so‐called ‘difference principal’, which states that social and economic inequalities are to be adjusted so that they are to the greatest benefit of the least advantaged. Although it seems possible to defend such an egalitarian conception of justice, it does not seem necessary, all the same, that all variants of political liberalism should be as egalitarian as justice as fairness. Thus, in the second part of my argument, I seek to overturn, or at least substantially to qualify, the idea that there is no need for political liberalism to be strongly egalitarian. I conclude that the egalitarian credentials of political liberalism have to be bolstered, even more so than Rawls himself seems to think. (shrink)

The Rawls–Habermas debate is having a revival. In this article I argue that both philosophers develop different freestanding conceptions of political legitimacy, and show how they diverge when it comes to how political legitimacy can be justified. Habermas is looking for a deeper justification than Rawls will allow for. I then proceed to show how the different meta-ethical positions yield two different versions of democratic theory, focusing in particular on rights and popular sovereignty. I demonstrate how both conceive of the (...) co-originality of private and public autonomy, and subsequently take issue with Habermas’ reading of Rawls. I argue that Rawls should not be understood as a natural rights theorist, that Habermas misunderstands the role of the original position, and that Rawls cannot be considered a strong constitutionalist. Thus, the real difference between Rawls and Habermas revolves around their different conceptions of political legitimacy. (shrink)

This paper elaborates on the deliberative democracy argument for freedom of expression in terms of its relationship to different dimensions of autonomy. It engages the objection that Enlightenment theories pose a threat to cultures that reject autonomy and argues that autonomy-based democracy is not only compatible with but necessary for respect for cultural diversity. On the basis of an intersubjective epistemology, it argues that people cannot know how to live on mutually respectful terms without engaging in public deliberation and developing (...) some degree of personal autonomy. While freedom of expression is indispensable for deliberation and autonomy, this does not mean that people have no obligations regarding how they speak to each other. The moral insights provided by deliberation depend on the participants in the process treating one another with respect. The argument is related to the Danish cartoon controversy. (shrink)

This chapter discusses the Rawlsian project of public reason, or public justification-based 'political' liberalism, and its reception. After a brief philosophical rather than philological reconstruction of the project, the chapter revolves around a distinction between idealist and realist responses to it. Focusing on political liberalism’s critical reception illuminates an overarching question: was Rawls’s revival of a contractualist approach to liberal legitimacy a fruitful move for liberalism and/or the social contract tradition? The last section contains a largely negative answer to that (...) question. Nonetheless the chapter's conclusion shows that the research programme of political liberalism provided and continues to provide illuminating insights into the limitations of liberal contractualism, especially under conditions of persistent and radical diversity. The programme is, however, less receptive to challenges to do with the relative decline of the power of modern states. (shrink)

În acest capitol prezint neutralismul liberal urmând, în esență, patru pași. Încep cu definirea neutralismului și cu unele precizări și explicații importante pentru înțelegerea adecvată a susținerii lui fundamentale. Al doilea pas este dedicat evidențierii și explicării celor mai importante argumente neutraliste. Mă concentrez apoi asupra caracterizării principalelor versiuni ale acestei teorii politice și a reliefării argumentelor pe baza cărora se legitimează ele. În sfârșit, într-un ultim pas, expun obiecțiile sau argumentele anti-neutraliste și – totodată – replicile neutraliștilor liberali la (...) ele. Și de această dată este vorba, trebuie să precizez, doar despre obiecțiile cele mai importante (și mai „rezonabile”), nu despre toate obiecțiile, mai mult sau mai puțin plauzibile, care au fost aduse neutralismului de criticii săi. (shrink)

Open access-introduction into moral philosophy in German language that contains chapters on the concept of morality, on the development and the main positions of normative ethics, on meta-ethics, and on the various fields of applied ethics. One of its distinctive features is that it explicitly reflects on the role of morality and ethics in modern society and that it analyses the import of alternative conceptual and normative positions for determining this role. The book can be freely downloaded from the publisher's (...) website via the URL below. (shrink)

In this paper I argue that Rawlsians have largely misunderstood the idea of an overlapping consensus of reasonable comprehensive doctrines, thereby failing to delineate in an appropriate way the place of comprehensive doctrines in political liberalism. My argument rests on two core claims. The first claim is that (i) political liberalism is committed to three theses about the overlapping consensus. The first thesis concerns the subject of the overlapping consensus; the second thesis concerns the function of the overlapping consensus; the (...) third thesis explains how the overlapping consensus can serve its function in accordance with political liberalism’s commitment to epistemic neutrality. The second claim on which my argument relies is empirical: (ii) Rawlsians typically deny at least one of the three theses to which political liberalism is committed. Based on (i) and (ii), I conclude that Rawlsians have hitherto provided unconvincing accounts of the place of comprehensive doctrines in political liberalism. (shrink)

This paper provides a new analysis and critique of Rawlsian public reason’s handling of the abortion question. It is often claimed that public reason is indeterminate on abortion, because it cannot say enough about prenatal moral status, or give content to the (allegedly) political value which Rawls calls ‘respect for human life’. I argue that public reason requires much greater argumentative restraint from citizens debating abortion than critics have acknowledged. Beyond the preliminary observation that fetuses do not meet the criteria (...) of political personhood, I contend, public reasoners may say nothing about prenatal moral status. Indeed, respect for human life (as distinct from respect for persons) is not, I show, a genuine political value, whose interpretation lies within public reason’s remit. This fact does not, however, prevent deliberators from drawing determinate conclusions regarding the law of abortion. Instead, I show, public reason has radically permissive implications for the legal regulation of feticide, inclining heavily towards the view that abortion should be allowed with little or no qualification, right until birth. I end by giving grounds for thinking that, even if the argumentative restraint which public reason enjoins over prenatal moral status does not generate indeterminacy, it is nonetheless objectionable. (shrink)

There is a tension between the idea of popular sovereignty and our understanding that basic constitutional rights and liberties have a normative authority which is independent from the results of democratic decision‐making procedures. On the one hand there is the claim that the content of political justice, at least as far as the basic liberties are concerned, is to be fixed solely by substantive moral and political argument, while on the other there is the claim that it is the people (...) who determine the specific scheme of basic liberties that they live under. The apparent tension between the two claims can be resolved by introducing, firstly, a distinction between the concept of justice and the concept of legitimacy and, secondly, between proto‐rights and constitutional rights. Unlike constitutional rights, proto‐rights are moral, not legal, rights, and they are less specific than constitutional rights: one set of proto‐rights allows for various schemes of legal constitutional rights. Proto‐rights are part of the principles of justice and can be established only by substantive argument while constitutional rights have to be established by the procedures of democratic legitimization, and, therefore, they are a result of the exercise of popular sovereignty. The correlated distinctions between justice and legitimacy, and between proto‐rights and constitutional rights, allow us to specify the scope of the two claims and, hence, to affirm both simultaneously. The philosophical and legal relevance of the distinctions made is elucidated by a brief discussion of the constitutional rights of freedom of speech in the US and Germany. (shrink)

In A Theory of Justice, John Rawls argues that self-respect is ‘perhaps the most important’ primary good and that its status as such gives crucial support to controversial ideas like the lexical priority of liberty. Given the importance of these ideas for Rawls, it should be no surprise that they have attracted much critical attention. In response to these critics, I give a defense of self-respect that grounds its importance in Rawls’s moral conception of the person. I show that this (...) understanding of self-respect goes well beyond giving support to the lexical priority of liberty, also supporting Rawls’s still more controversial view of public reason. On my account, taking self-respect seriously requires the coercive enforcement of public reason. This is a novel argument for public reason, in that it grounds the idea in justice as fairness and mandates its coercive enforcement. (shrink)

ABSTRACT:I here advance a critical research agenda for the political perspective of corporate social responsibility (Political CSR). I argue that whilst the ‘Political’ CSR literature is notable for both its conceptual novelty and practical importance, its development has been hamstrung by four ambiguities, conflations and/or oversights. More positively, I argue that ‘Political’ CSR should be conceived as one potentialformof globalization, and not as aconsequenceof ‘globalization’; that contemporary Western MNCs should be presumed to engage in CSR for instrumental reasons; that ‘Political’ (...) CSR should be associated with a corresponding ‘political’ model of corporate governance; and that both a ‘Rawlsian’ and ‘Habermasian’ perspective of Political CSR are different from ‘Political’ CSR. In concluding, I use these four critiques to identify a number of areas within which increasingly robust and sophisticated positive and normative theories of Political CSR are required. (shrink)

I here distinguish dissensual from consensual corporate social responsibility (CSR) on the grounds that the former is more concerned to organize (or portray) corporate-civil society disagreement than it is corporate-civil society agreement. In doing so, I first conceive of consensual CSR, and identify a positive and negative view thereof. Second, I conceive of dissensual CSR, and suggest that it can be actualized through the construction of dissent enabling, rather than consent-oriented, public spheres. Following this, I describe four actor-centred institutional theories—i.e. (...) a sociological, ethical, transformative and economic perspective, respectively—and suggest that an economic perspective is generally well suited to explaining CSR activities at the organizational level. Accordingly, I then use the economic perspective to analyse a dissent enabling public sphere that Shell has constructed, and within which Greenpeace participated. In particular, I explain Shell’s employment of dissensual CSR in terms of their core business interests; and identify some potential implications thereof for Shell, Greenpeace, and society more generally. In concluding, I highlight a number of ways in which the present paper can inform future research on business and society interactions. (shrink)

O objetivo do artigo é apresentar o conceito e as diferentes concepções de tolerância desenvolvidas na modernidade, examinando a questão dos limites da tolerância. Parte-se do argumento de que o conceito de tolerância, para ganhar uma configuração e conteúdo, é normativamente dependente da ideia de democracia: a delimitação da tolerância exige a especificação de um princípio de legitimação política fundamentado na deliberação e justificação públicas segundo o qual as normas, práticas e instituições que organizam a vida comum possam ser justificáveis (...) à luz de boas razões aceitáveis por todos os cidadãos. A ideia central do artigo é que a delimitação da tolerância não é uma tarefa teórico-moral, mas sim uma tarefa prático-política a ser levada adiante pelos próprios cidadãos por meio de procedimentos democráticos de deliberação pública. (shrink)