This paper uses John Rawls' theory of justice to defend the patent system against charges that it has an unfair effect on access to medications, from the perspective of national and international justice. The paper argues that the patent system is fair in a national context because it respects intellectual property rights and it benefits the least advantaged members of society by providing incentives for inventors, investors, and entrepreneurs. The paper also argues that the patent system is fair in an (...) international context, provided that developed nations take steps to help disease-stricken countries secure internal justice. Fairness in a national or international context also requires that the patent system should include emergency exceptions to deal with short-term inequities. (shrink)

Volume 11, Issue 1, March 2019, Page 68-83.

In a society dominated by Confucian ethics, a spirit of Confucian public morality can be seen in the Confucian debate over publicness and privateness, but it is usually activated in circumstances of large ethical crisis. Confucian theory mainly uses ethical relationships to create self and social identities, causing problems of identification in the public life and hindering the expression of moral feelings and actions, thus revealing a weakness in public morality. This is a space that Confucianism has not yet been (...) able to cover, and also where it has room for growth. (shrink)

Management scholars and social scientists investigate dynamics of subjective fairness perceptions in the workplace under the umbrella term “organizational justice.” Philosophers and ethicists, on the other hand, think of justice as a normative requirement in societal relationships with conflicting interests. Both ways of looking at justice have neither remained fully separated nor been clearly integrated. It seems that much could be gained and learned by more closely integrating the ethical and the empirical fields of justice. On the other hand, it (...) may simply not be possible to bridge the divide between the subjective empirical and the normative prescriptive justice as both fields pose different questions and rely on different assumptions and methods. In this paper, we propose a “reconciliation” model, as a third way of considering justice in the workplace, taking into account normative and psychological issues pertaining to justice. Through applying a reconciliation model, we provide a new way of looking at the interconnections between justice philosophy and organizational justice that could advance future research in both fields. Our model also implies that justice researchers can and should be concerned with the moral implications of their own subject of research. (shrink)

Este ensayo analiza la conjunción libertad/autoridad defendida por el republicanismo clásico. Como pensador moderno, Maquiavelo recupera esta síntesis clásica y define la autoridad como la condición de posibilidad de la libertad. Pero, como muestra Eric Nelson, el republicanismo de Maquiavelo es más ateniense que romano. El republicanismo de Michael Sandel tiene una orientación similar. Basado en la ontología social desarrollada por Arendt y Taylor, Sandel postula el valor intrínseco de las nociones de participación y soberanía popular. De este modo, él (...) puede refutar la objeción de Rorty y su interpretación idiosincrática de Dewey. Según Sandel, Dewey critica el rechazo liberal de la autoridad y es capaz de articular orgánicamente la autoridad democrática y la libertad. This essay analyzes the conjunction freedom/authority defended by classical republicanism. As a modern thinker, Machiavelli retrieves this classical synthesis and defines the authority of law as the condition of possibility for freedom. But, as Eric Neson shows, Machiavelli's republicanism is more Athenian than Roman. Michael Sandel's democratic republicanism has a similar orientation. Besed on the social ontology developed by Arendt and Taylor, Sandel postulates the intrinsic value of the notions of participation and popular sovereignty. In this way he can refute Rorty's objections and his idiosyncratic interpretation of Dewey. According to Sandel, Dewey criticizes liberalism's rejection of authority and is able organically to articulate democratic authority and freedom. (shrink)

This paper defends some aspects of the intentionalist and internationalist worldviews of mainstream development studies against certain moral claims emanating from the New Right and a diverse post-Left. I contend that citizens and states in the advanced industrial world have a responsibility to attend to the claims of distant strangers. Although it is difficult to specify in determinate ways how this responsibility should be discharged—save for attending to basic human needs and rights—the responsibility itself derives from the interlinking and asymmetrical (...) exchanges that bind distant strangers together in an interdependent world economy. I draw on Rawls and Roemer to specify the nature of this responsibility. I also draw on Benhabib to make a modified Rawlsian theory of justice less abstract while continuing to insist on the possibility and necessity of conversations between radically different social actors. The final part of the paper attends to questions of plausibility. I suggest that New Right and post-Left critiques of an expanded mainstream in development studies and policy are ethically deficient to the extent that they commend alternative development strategies without giving proper consideration to their costs and disbenefits. Development ethics, I conclude, is not just about questions of transnational justice and positionality; it is also about the construction of plausible alternative worlds and practical development policies. (shrink)

Communitarians like Alasdair MacIntyre, Charles Taylor, and Michael Sandel, defend what we may call the ‘social constitution thesis.’ This is the view that participation in society makes us what we are. This claim, however, is ambiguous. In an attempt to shed some light on it and to better understand the impact its truth would have on our beliefs regarding autonomy, I offer four possible ways it could be understood and four corresponding senses of individual independence and autonomy. I also indicate (...) what senses liberals can accept that we are socially constituted and in what sense I take communitarians to argue we are socially constituted. (shrink)

Critical literatures, and public discourses, on public health policies and practices often present fixated concerns with paternalism. In this paper, rather than focus on the question of whether and why intended instances of paternalistic policy might be justified, we look to the wider, real-world socio-political contexts against which normative evaluations of public health must take place. We explain how evaluative critiques of public health policy and practice must be sensitive to the nuance and complexity of policy contexts. This includes sensitivity (...) to the ‘imperfect’ reach and application of policy, leading to collateral effects including collateral paternalism. We argue that theoretical critiques must temper their demandingness to real-world applicability, allowing for the detail of social and policy contexts, including harm reduction: apparent knock-down objections of paternalism cannot hold if they are limited to an abstract or artificially-isolated evaluation of the reach of a public health intervention. (shrink)

Squeezed between increasing entitlement expenditures and static or declining real revenues, state-funded urban development is increasingly perceived as an unaffordable luxury. At the same time, the power and significance of the banking sector is giving way to new kinds of financial institutions that have little or no interest in community development. Not surprisingly, it is often argued that pension funds ought to be more sensitive to community needs. However, some analysts argue that pension funds are properly only the agents of (...) plan beneficiaries; any investment that took into account community needs would be, in effect, an unjustified tax on individuals' future welfare. Furthermore, analysts are very doubtful about the integrity of public pension plan investment decision-making. In this paper, I set out a morally informed justification of public pension plan investment in community development. In doing so, I develop a model of community development that stresses the reciprocal nature of the obligations embedded in the relationship between the community and pension plan beneficiaries. This approach also has significant implications for a wide variety of private sponsored plans. The paper begins with an assessment of pension fund decision-making and the practices of the investment management industry, drawing upon related research on pension fund capitalism. It goes on to issues of social obligation, referencing recent research on the nature of social contracts. To give the analysis empirical relevance I refer to the much disputed decision of the West Virginia legislature to require their public pension funds' Investment Management Board to invest in the state government's corrections authority. (shrink)

Educational practices which reinforce cultural diversity are often commended in the name of pluralism, though such practices may be condemned on the same grounds if they are seen as a threat to the fragile sense of political unity which holds a pluralistic society together. Therefore, the educational implications of pluralism as an ideal are often ambiguous, and the ambiguity cannot be resolved in the absence of a clear understanding of the particular civic virtues which a pluralistic society should engender. Two (...) influential conceptions of civic education which purport to affirm the ideal of pluralism are examined and both are found wanting. Liberal political theory proclaims the paramount importance of justice in public life, and justice can be construed in a way that accomodates diversity. However, the kind of civic education which liberalism entails does too little to restrain the centrifugal forces latent in cultural diversity. Communitarian political theory exalts civic friendship as the supreme public virtue, but the civic education it supports is compatible with only a highly attenuated cultural diversity. A third alternative is canvassed which combines the liberal stress on justice with a conception of patriotism distinct from civic friendship. The implications of this alternative for disputes about bias in public schools are briefly discussed. (shrink)

Discussion of political and legal citizenship requires attention to social solidarity. Current approaches to citizenship, however, tend to proceed on abstract bases, neglecting this sociological dimension. This is partly because a tacit understanding of what constitutes a `society' has been developed through implicit reliance on the idea of `nation'. Issues of social belonging are addressed more directly in communitarian and multiculturalist discourses. Too often, however, different modes of solidarity and participation are confused. Scale is often neglected. The model of `nation' (...) again prefigures the ways in which membership and difference are constructed. The present paper suggests the value of maintaining a distinction among relational networks, cultural or legal categories, and discursive publics. The first constitute community in a sense quite different from either of the second and third. Categories, however, are increasingly prominent in largescale social life. But the idea of the public is crucial to conceptualizing democratic participation. (shrink)

The analysis presented here lays out the ethical warrants for requiring community oversight of health research conducted in international settings. It reviews the inadequacies with the current standards of individual informed consent and research ethics committee review, and then, shows how a broader population-based public health perspective raises new demands on justice involving due consideration of the rights, harms and benefits to the community as a whole. As developed here, an ethical standard that requires community oversight of health research is (...) justified on three principled grounds: respect for community autonomy and their right to self-determination; due consideration of the consequences of the research for the community as a whole; and, a more complete understanding of human autonomy. The paper concludes with practical recommendations regarding the composition of Community Advisory Boards to ensure that they have legitimate decision-making authority in diverse socio-cultural contexts. (shrink)

Political instrumentalism claims that the right to rule should be distributed such that justice is promoted best. Building on a distinction made by consequentialists in moral philosophy, I argue that instrumentalists should distinguish two levels of normative thinking about legitimacy, the critical and applied level. An indirect instrumentalism which acknowledges this distinction has significant advantages over simpler forms of instrumentalism that do not.

1. The International Convention on the Rights of Child (CRC) (UNGA 1989) stands as the lighthouse which guides discussions on how to address global justice for children. Consensus exist both in the...

Against the backdrop of emerging medical technologies that promise transgression of temporal limits, this paper aims to show the importance that an individual lifetime’s finitude and fugacity have for the question of the good life. The paper’s first section examines how the passing of an individual’s finite lifetime can be experienced negatively, and thus cause “suffering from the passing of time.” The second section is based on a sociological analysis within the conceptual framework of individualization and capitalism, which characterizes many (...) modern individualized and consumerist societies and explains how the described problem of time’s passage is particularly relevant today. The paper then proceeds to show and discuss how individuals employ various, primarily medical, enhancement-technologies like social egg freezing, anti-aging-medicine and physical- and neuro-enhancement in an attempt to overcome time’s passing. Finally, the paper seeks to explain why such attempts fail and, moreover, why it is exactly the awareness of time’s passing that can constitute a prerequisite for a good life. (shrink)

Roger Silverstone proposed media hospitality as an important element of media ethics. I agree that media hospitality can make a valuable contribution to media ethics. However, I have doubts about grounding media hospitality in what has been referred to as the “deductive abstractions and absolutist language of much media ethics theorizing” founded on Enlightenment assumptions. Despite his own reservations about Enlightenment theorizing, I propose that Silverstone's account ultimately suffers from these problems of abstraction and absolutism, as seen most clearly from (...) the vantage point of Alasdair MacIntyre's neo-Aristotelian theory of virtue ethics. (shrink)

Reading Foucault’s work on power and subjectivity alongside “developmentalist” approaches to evolutionary biology, this article endorses poststructuralist critiques of political ideals grounded in the value of subjective agency. Many political theorists embrace such critiques, of course, but those who do are often skeptical of liberal democracy, and even of normative theory itself. By contrast, those who are left to theorize liberal democracy tend to reject or ignore poststructuralist insights, and have continued to employ dubious ontological assumptions regarding human agents. Against (...) both groups, I argue that Foucault’s poststructuralism must be taken seriously, but that it is ultimately consistent with normative theory and liberal democracy. Linking poststructuralist attempts to transcend the dichotomy between agency and structure with recent efforts by evolutionary theorists to dissolve a similarly stubborn opposition between nature and nurture, I develop an anti-essentialist account of human nature and agency that vindicates poststructuralist criticism while enabling a novel defense of liberal democracy. (shrink)

(2004). ‘Flexible Control’: Towards a conception of personal autonomy for postmodern education. Educational Philosophy and Theory: Vol. 36, No. 1, pp. 3-17.

Starting from the sensuous perception of what is seen, an attempt is made at re-casting a Husserlian theory of constitution of the object of intuition, as one leaves the natural attitude through a transcendental method, by positing several theses so as to avoid the aporias of philosophical binary oppositions such as rationalism and empiri-cism, realism and idealism, logicism and psychologism, subjectivism and objectivism, transcendentalism and ontologism, metaphysics and positivism. Throughout fifty-five theses on constitution, the Husserlian proposal of continuously reforming philosophizing (...) by transcendental reduction is revisited, leaving the latter incomplete as new conversions are required by noetic-noematic correlations between world and consciousness. (shrink)

O artigo procura mostrar em que sentido a democracia deliberativa proposta pela teoria discursiva de Jürgen Habermas dá conta do problema dos reducionismos econômicos e juridificantes da mundialização ou globalização, entendida como uma colonização técnico-sistêmica do mundo da vida. Recorrendo a sua concepção de um ethos democrático transnacional embasado na soberania popular, a teoria habermasiana logra resgatar o caráter normativo da mundialização através da irredutibilidade de valores humanos como a liberdade, a dignidade e os direitos humanos, inerentes às mais diferentes (...) e incompatíveis autocompreensões de mundos da vida. (shrink)

This article discusses and develops some recent debates in feminist epistemology, by outlining the concept of an ‘emancipatory value’. It outlines the optimum conditions that a ‘community’ of knowers must satisfy in order that its members have the best chance of producing knowledge claims. The article thus covers general ground in epistemology. The article also argues that one of the conditions that any ‘emancipatory community’ must satisfy is that its underlying values should not oppress women. It is related to feminist (...) debates, therefore, in two ways: first, it develops its arguments by drawing on those debates; and second, after developing the general concepts of emancipatory value and epistemic community, it argues that feminist values are one set of emancipatory values to which an epistemic community should pay regard. (shrink)

In ‘Public Reason and Prenatal Moral Status’ (2015), Jeremy Williams argues that the ideal of Rawlsian public reason commits its devotees to the radically permissive view that abortion ought to be available with little or no qualification throughout pregnancy. This is because the only (allegedly) political value that favours protection of the foetus for its own sake—the value of ‘respect for human life’—turns out not to be a political value at all, and so its invocation in support of considerations bearing (...) upon the permissibility of abortion is beyond public reason’s remit. Thus, it will scarcely if ever be legitimate to restrict women’s equality and bodily autonomy for the sake of the foetus, even at full term. In this paper, I argue that Williams fails to establish that Rawlsian reasonable citizens must endorse the radically permissive stance vis-à-vis abortion. Citizens can, I claim, reasonably accord the value of respect for human life weight, and indeed converge on the claim that it outweighs other salient political values, during later stages of gestation. Nevertheless, Williams’s argument gets something right in that it reveals why the value of respect for human life is inadmissible at the bar of public reason in early stages of pregnancy. But then, far from throwing Rawlsian public reason into disrepute, Williams’s argument actually (albeit inadvertently) provides arguably more compelling grounds than any hitherto rallied for endorsing Rawls’s much maligned claim that opposition to the duly qualified right to abortion in the first trimester of pregnancy is ‘unreasonable’. (shrink)

Since conflicts of human rights can be translated into conflicts of values, this article looks into the sources and extension of value pluralism for a better understanding of the sort of conflicts of human rights that women face in multicultural contexts. Furthermore, a proper understanding of personal autonomy as a founding value underlying individual rights can contribute to an interpretation of women's human rights that takes account of both their untouchable core as well as their contextual meaning. As conflicts of (...) fundamental rights most often take place in a scenario of strong pluralism, the article considers cases of conflicts of rights in multicultural societies focusing on the overlapping values to be balanced. Religious freedom, education, neutrality, equality or toleration are some of the issues to be addressed: all of these are important and should be evaluated considering their further implications for women as well as for the other individuals involved. (shrink)

The debate over encumbered versus unencumbered selves that characterized the dialogue between liberalism and republicanism did not end well. Neither side seemed enlightened by its encounter with the other, as it became increasingly difficult to pin down the differences between the sides, never more so than when Michael Sandel was violently agreeing with Richard Dagger. Drawing on the work of novelist and philosopher Iris Murdoch, this essay argues that Sandel could have made a much stronger argument for his view than (...) he did. Sandel need not have conceded or concluded that encumbered selves are unable to choose freely. Freedom is a more subtle and complicated concept that either Sandel or Dagger recognize. (shrink)

In this paper, I explore the problems of cultivating a critical attitude in pedagogy given problems with accounts grounded in critical social theory, rational liberalism and pragmatic esthetic theory. I offer instead an alternative account of criticism for education in open, pluralistic, liberal, democratic societies called 'pedagogy of difference' that is grounded in the diversity liberalism of Isaiah Berlin and the dialogical philosophy of Martin Buber. In our current condition in which there is no agreement as to the proper criteria (...) for assessing attitudes and actions, for a critical attitude to gain a foothold one must learn to evaluate proposed beliefs and behaviour-based standards within a particular tradition as well as those drawn from another viewpoint. To know oneself, one must engage others who are different. But to engage others in a meaningful way one must be immersed in a tradition to which one is heir or with which one chooses to affiliate. (shrink)

ABSTRACTIn this essay I agree with Nicholas Burbules that ‘Phronesis’ is an ethical and political category that grounds the possibility of intercultural communication in translation from one particular context to another rather than in the presumption of one or another account of universalism. After a brief review of the development of this idea in key milestones of Western philosophy, I argue that it requires an education in dialogue across difference that can foster hope for peaceful coexistence among diverse traditions and (...) perspectives in diverse democratic societies. (shrink)

This essay argues that schooling in Israel is tied too closely to ideology. This results in an indoctrinary orientation that contributes to divisiveness and imperils Israeli democracy. After reviewing and critiquing the roots of this orientation, I advance an alternative that understands education as an agent of the good rather than ideology. Israeli schooling requires a vision of goodness broad enough to encompass competing conceptions of Jewish life espoused by the majority as well as non-Jewish orientations affirmed by various minorities. (...) Such a vision can be grounded, I contend, in a democratic Jewish theology that emphasizes God as teacher rather than tyrant. (shrink)

How should we assess programs dedicated to education in virtue? One influential answer draws on quantitative research designs. By measuring the inputs and processes that produce the highest levels of virtue among participants according to some reasonable criterion, in this view, we can determine which programs engender the most desired results. Although many outcomes of character education can undoubtedly be assessed in this way, taken on its own, this approach may support favorable judgments about programs that indoctrinate rather than educate, (...) because education in character entails teleological thinking that is volitional not merely determined. I argue instead that proper assessment of virtue requires an expansive view of character education in both particular and common goods that avoids the tendency to indoctrinate and an inclusive conception of measurement that takes into account qualitative in addition to quantitative methodologies. (shrink)

Here is a sketch of a genealogy of political theory for the last century. This is a genealogy in Nietzsche’s sense: therefore, neither unhistorical taxonomy, nor a history of political theory as it is written by historians, but a typology in time. Four types of modern political theory are distinguished. These are called, with some justification, positive, normative, third way and sceptical political theory. Seen from the vantage of the twenty-first century, they form an instructive sequence, emerging as a series (...) of reactions to the canonical political theory that was established in the universities in the late nineteenth century. None of the four should be excluded from our conception of what political theory has been, though most of them, when seen genealogically, reveal their defects more clearly than they do when treated purely theoretically. Since this is a sceptical finding, the genealogy is a polemic against the first three types of modern political theory in favour of the last. (shrink)

This paper analysed the nature of autonomy, in particular respect for autonomy in medical ethics/bioethics in Japan. We have undertaken a literature survey in Japanese and English and begin with the historical background and explanation of the Japanese wordJiritsu (autonomy). We go on to identify patterns of meaning that researchers use in medical ethics / bioethics discussions in Japan, namely, Beauchamp and Childress’s individual autonomy, relational autonomy, and O’Neill’s principled autonomy as the three major ways that autonomy is understood. We (...) examine papers discussing these interpretations. We propose using the term ‘a form of autonomy’ first used by Edmund Pellegrino in 1992 and examine the nature of ‘a form of autonomy.’ We finally conclude that the crux of what Pellegrino calls ‘something close to autonomy,’ or ‘a form of autonomy' might best be understood as the minimization of physician paternalism and the maximization of respect for patient preference. Simultaneously, we introduce a family-facilitated approach to informed consent and respond to criticism by Laura Sullivan. Finally, we discuss cross-cultural approaches and global bioethics. Furthermore, we use the term ‘Bioethics across the Globe’ instead of ‘Global Bioethics’, calling for international scholars to write works to provide an in-depth understanding of each country. We conclude that deep understanding of others is pivotal for dialogue to be of value. We hope this article will deepen the reader’s understanding of Japan and will contribute to the progress of bioethics worldwide. (shrink)

This paper investigates the philosophical tensions between secular-liberalism and Islam, and reviews Islamic conceptualisations of knowledge, personhood and education, in order to conceptualise shakhsiyah Islamiyah as an authentic and credible form of personal agency within an Islamic worldview. It begins by examining the liberal critique of Islamic education and explores notions of authority and autonomy in Islamic educational theory. It proposes that these tensions exist to varying degrees in all educational practice. Some theoretical work to develop an Islamic understanding of (...) personal autonomy as selfhood is presented and translated into a concept of shakhsiyah Islamiyah. Finally, the possibility of understanding shakhsiyah Islamiyah as a dialogical Muslim-self is explored. (shrink)

The essays in this collection examine the moral import of emotion, motivation, judgment, perception, and group identifications, and explore how all these psychic capacities contribute to a morally good life. They examine moral exemplars and the "moral saints" debate, the morality of rescue during the Holocaust, role morality as lying between "personal" and "impersonal" perspectives, Carol Gilligan's theory of women and morality, Iris Murdoch's moral philosophy, and moral responsiveness in young children.

This paper compares Joseph Heath’s critique of the just deserts rationale for markets with an earlier critique due to Frank Knight, Milton Friedman, and Friedrich Hayek. Heath shares their emphasis upon the role of luck in prices based on supply and demand. Yet he avoids their claim that the inheritance of human capital is on a moral par with the inheritance of ordinary capital, as a basis for unequal shares of the social product. Heath prefers to argue that markets do (...) not tend to reward talent as such. The paper raises some doubts about this factual claim, and argues that sweeping the issue of talent under the rug threatens to make our theory of justice less egalitarian than it would otherwise be. The paper also addresses the objection that claims of unfairness based on the arbitrariness of the distribution of innate abilities will undermine self-respect. (shrink)

Using both Confucian texts and the work of American pragmatist John Dewey, this book offers a distinctly Confucian model of democracy.

Philosophy strives to give us a firmer hold on our concepts. But what about their hold on us? Why place ourselves under the sway of a concept and grant it the authority to shape our thought and conduct? Another conceptualization would carry different implications. What makes one way of thinking better than another? This book develops a framework for concept appraisal. Its guiding idea is that to question the authority of concepts is to ask for reasons of a special kind: (...) reasons for concept use, which tell us which concepts to adopt, adhere to, or abandon, thereby shoring up—or undercutting—the reasons for action and belief that guide our deliberations. Traditionally, reasons for concept use have been sought either in timeless rational foundations or in concepts’ inherent virtues, such as precision and consistency. Against this, the book advances two main claims: that we find reasons for concept use in the conceptual needs we discover when we critically distance ourselves from a concept by viewing it from the autoethnographic stance; and that sometimes, concepts that conflict, or exhibit other vices such as vagueness or superficiality, are just what we need. By considering not what concepts are absolutely best, but what concepts we now need, we can reconcile ourselves to the contingency of our concepts, determine the proper place of efforts to tidy up thought, and adjudicate between competing conceptions of things,—even things as contested as liberty or free will. A needs-based approach separates helpful clarification from hobbling tidy-mindedness, and authoritative definition from conceptual gerrymandering. (shrink)

This essay argues that philosophy can be combined with qualitative research without sacrificing the aims of either approach. Philosophers and qualitative researchers have articulated and supported the idea that human meaning-constructions are appropriately grasped through close attention to “consequences incurred in action,” in Dewey’s words. Furthermore, scholarship in both domains explores alternative possibilities to familiar constructions of meaning. The essay explains by means of a concrete example the approach I took to hybridizing these approaches. It describes an ethnographic and philosophical (...) study of how children made meaning of justice and solidarity through their practice of democratic citizenship in an extracurricular program called Village. At Village, children built and ran a miniature town. Their actions and conversations around the political challenges that inevitably arose exemplify meaning-making of ideals in response to actual problems. The meaning of solidarity and justice for these children emerged through the consequences of previous and present actions they took in communication with others. This essay details the methods I used for designing the study, collecting data, and analyzing my findings. (shrink)

La democracia en el texto es vista desde una perspectiva integral u onmicomprensiva que complementa la parte instrumental (procedimiento electoral) con la sustancial (goce efectivo de derechos humanos) basado en la concienciación de una real dignidad humana que permita que la persona realice su proyecto de vida, disfrute de sus derechos y funcione efectivamente en la sociedad dentro del Estado democrático constitucional: la interrelación e interdependencia entre democracia, dignidad humana y Estado constitucional de derecho resulta para el autor un norte (...) el cual hay que seguir a cada instante. El libro muestra la importancia de la dogmática actual de la Corte Constitucional colombiana sobre derechos fundamentales, lo cual es un aporte latinoamericano a la estructuración de un constitucionalismo que contribuya con soluciones a favor de la libertad y la justicia en función de la persona humana en un escenario de tensiones evidentes entre la globalización y nacionalismos populistas y patrioteros. En el sentido expresado en el punto anterior la obra del profesor Caldera corrobora la relevancia que dicha dogmática le atribuye a la funcionalidad de los DerechosFundamentales con el logro del contenido normativo de la dignidad humana. Así, para Caldera Ynfante y desde su especial interpretación de la democracia cumple con los requisitos dogmáticos entronizados por la Corte Constitucional para ser considerado como un derecho fundamental generador de todos los efectos instrumentales y sustanciales que le son señalados. El texto nos lleva a establecer conceptualmente con un propósito práctico que la democracia integral, es decir, entendida como derecho fundamental es posible asumirla desde la perspectiva de la denominada teoría de la integralidad de los DDHH a partir de la Declaración y Plan de Acción de Viena sobreDDHH de 1993, instrumento del derecho internacional que resulta apical a partir del cual considera como fundamentales todos los Derechos Humanos. En consecuencia para el autor la democracia integral, como derecho fundamental, es posible asumirla desde la perspectiva del Enfoque Basado enDDHH y así puede ser defendida ante cualquier sistema de protección, ora universal o regional. Por otra parte es necesario para el lector reflexionar en torno al sentido de una democracia integral que para el autor es asumida como una meta garantía de losDDHH; es decir, como el derecho fundamental de los derechos fundamentales. (shrink)

Resumen: Se trazan las líneas definitorias del derecho humano fundamental al desarrollo sostenible (DHFDS), desde una visión normativa del desarrollo y el constitucionalismo humanista, teniendo en cuenta la dignidad humana, la plena efectividad de los derechos humanos, el Enfoque Basado en los Derechos Humanos y la seguridad humana como pilares normativos de la Agenda 2030 para el Desarrollo Sostenible, entendiendo que la plena efectividad de los derechos humanos da lugar al Derecho Humano Fundamental al Nuevo Orden Mundial (DHFNOM) consagrado en (...) el artículo 28 de la Declaración Universal de los Derechos Humanos (DUDH, 1948), aprobada por la Organización de las Naciones Unidas (ONU). Se analiza el entendimiento común para la práctica de las normas y principios de derechos humanos en materia de programación del desarrollo, concibiendo el desarrollo sostenible como un derecho humano fundamental cuyo núcleo esencial son los derechos fundamentales integrados en los 17 Objetivos de Desarrollo Sostenible de la Agenda 2030. Se resalta el deber del Estado de respetar y proteger los derechos humanos de los que las personas y los pueblos son titulares para materializar tangiblemente sus derechos fundamentales inalienables priorizando, en consecuencia, la atención y participación los grupos humanos en situación de debilidad manifiesta, expuestos a mayor vulnerabilidad, marginación, exclusión y discriminación destacando en aras del florecimiento humano, el bien común, el desarrollo sostenible y el desarrollo humano integral de todos. (shrink)

Philosophical discussions of gentrification have tended to focus on residential displacement. However, the prevalence of residential displacement is fiercely contested, with many urban geographers regarding it as quite uncommon. This lends some urgency to the underexplored question of how one should evaluate other forms of gentrification. In this paper, I argue that one of the most important harms suffered by victims of displacement gentrification is loss of access to the goods conferred by membership in a thriving local community. Leveraging the (...) social scientific literature, I go on to argue that non-displacement gentrification also often damages local communities. One can hence extend existing philosophical critiques of displacement gentrification to argue that non-displacement gentrification likewise poses a threat to relational equality, and often violates certain basic occupancy rights. Focusing on the value that inheres in thriving local communities also suggests some new possibilities for critiquing gentrification. For instance, existing occupancy rights critiques focus on incumbent land users’ interests in stability. However, one can also argue in a Lockean mode that incumbent land users’ occupancy rights are at least partially grounded in their community having laboured together to create objects of value. An extension of Michael Walzer’s theory of justice to incorporate community goods as a separate ‘sphere’ might also have widespread appeal. Taken together, these arguments constitute a sustained and theoretically ecumenical case for the pro tanto moral objectionability of gentrification. (shrink)

Argues that love plays an essential—if often implicit—role in Hegel's mature theory of moral subjectivity and political community.

It is a commonplace that liberalism and religious belief conflict. Liberalism, its proponents and critics maintain, requires the privatization of religious belief, since liberals often argue that citizens of faith must repress their fundamental commitments when participating in public life. Critics of liberalism complain that privatization is objectionable because it requires citizens of faith to violate their integrity. The liberal political tradition has always sought to carve out social space for individuals to live by their own lights. If liberalism requires (...) citizens to violate their integrity, liberals have cause for concern. I seek to rebut this integrity objection to liberalism. I focus on the dominant form of philosophical liberalism: public reason liberalism. I argue that the integrity objection undermines the mainstream conception of public reason liberalism, but not public reason liberalism itself. The paper opens by outlining the structure of public reason liberalism and the integrity objection (§§2 and 3). It then analyses two versions of the objection and argues that the second version is successful against the mainstream conception of public reason (§4). I argue in response that public reason liberalism need not endorse principles of restraint—the civic restrictions on religious expression typically associated with it. I then sketch a conception of public reason liberalism that eschews principles of restraint (§5). This alternative promises to reconcile public reason liberals and their faith-friendly critics by putting the integrity objection to rest. (shrink)

Both modernist and post-modern social criticism of power presuppose that agents frequently consent to power relations, which a political theorist may wish to critique. This raises the question: from what normative position can one critique power which is, as a sociological fact, legitimate in the eyes of those who reproduce it? This paper argues that "symbolic violence" is a useful metaphor for providing such a normative grounding. In order to provide an epistemological basis of critique, it is further argued that (...) social actors have multiple interpretative horizons available to them as part of their everyday social practices. Thus, they are not caught in a preconstituted web of meaning from which there is no escape, as is sometimes implicit in the over-socialized perceptions of agency associated with post-modernism. (shrink)

Pride in our own actions tells a story: we faced a challenge, overcame it, and achieved something praiseworthy. In this paper, I draw on recent psychological literature to distinguish to between two varieties of pride, 'authentic' pride that focuses on particular efforts (like guilt) and 'hubristic' pride that focuses on the whole self (like shame). Achievement pride is fitting when either efforts or traits explain our success in meeting contextually relevant, authoritative, and challenging standards without excessive opportunity cost. When it (...) is fitting, our lives are at least somewhat meaningful. (shrink)

In the early 1990s Israel underwent a so-called constitutional revolution. According to the champions of this revolution, Israel has essentially become, as a result of this momentous event, a constitutional democracy, upholding individual freedom and liberties and allowing for judicial review of parliamentary legislation. Despite the congratulatory rhetoric, it is generally agreed upon that the constitution is still in need of some essential supplements before Israel can qualify as a fully constitutional democracy. The main question addressed in this paper is (...) the following: is it ‘reasonable’ that Israel take the further necessary steps that qualify it as a fully constitutional democracy? The doubts raised in this regard stem from the very concerns that lead political philosophers (mainly Rawls) to stress the unique value of liberal democracy. As they argue, liberal democracy provides deeply divided societies with the best means to secure their legitimacy and political stability. Israel's political realities, I argue, defy this claim. Moreover, Israel's political realities may also carry a valuable lesson to other states, even to seemingly robust liberal democracies. It is not the purpose of the paper, of course, to argue that Israel's existing rule of government should be embraced by other states – far from that. Israel should undergo some radical changes so that it can protect the rights and interests of all its citizens. Yet, to achieve this purpose, it should transcend, I will argue, liberal democracy. As matters stand, simply strengthening its liberal character, Israel's political system may be exposed to a growing challenge to its legitimacy and stability. It should, therefore, reject liberal democracy and especially the principle of neutrality that is intimately connected with a liberal rule of government and embrace, instead, the ideal of multicultural democracy. This ideal, I argue, is better equipped to answer the need of deeply divided societies to secure their legitimacy and stability. (shrink)

Bovine tuberculosis is the most important animal health and welfare policy issue in Britain. Badgers are a wildlife reservoir of disease, although the eight-year Independent Scientific Group Randomised Badger Culling Trial concluded with a recommendation against culling. The report advised government that bovine TB could be controlled, and ultimately eradicated, by cattle-based measures alone. Despite the ISG recommendation against culling, the farming and veterinary industries continued to lobby government for a badger cull. The 2005–2010 Labour government followed the ISG advice (...) and decided against a cull. The 2010–2015 Coalition and the 2015-present Conservative governments have followed a badger culling policy. This paper investigates whether a virtuous government would cull badgers. It provides an overview of virtue theory in the context of government animal health and welfare policy. Bovine TB and badger control policy options are then analysed in the context of the virtues of justice, wisdom, integrity, loyalty, curiosity, trust, empathy, compassion and aesthetics. Justice is the first virtue of government, and badger culling is seriously problematic from a virtue perspective given that five badgers are culled per cow that avoids slaughter as a result. Analysis based on other virtues strongly suggests that government should not cull badgers. The paper concludes that a virtuous government would not cull badgers as part of policy to control bovine TB in cattle. (shrink)