Theories of deliberative democracy have faced the charge of leading to the unjust exclusion of voices from public deliberation. The recent rhetorical turn in deliberative theory aims to respond to this charge. I distinguish between two variants of this response: the supplementing approach and the systemic approach. On the supplementing approach, rhetorical modes of political speech may legitimately supplement the deliberative process, for the sake of those excluded from the latter. On the systemic approach, rhetorical modes of political (...) speech are legitimate within public deliberation, just so long as they result in net benefits to the deliberative system. I argue that neither of these two approaches adequately meets the unjust exclusion charge. Whereas the supplementing approach does not go far enough to incorporate rhetorical speech into public deliberation, the systemic approach goes too far by legitimising forms of rhetoric that risk only exacerbating the problem of unjust exclusion. More constructively, I draw on Aristotle’s conception of rhetoric, as an art that is a counterpart to dialectic, to argue for a constitutive approach to rhetoric. I show how this approach provides a more expansive notion of deliberation that remains normatively orientated. (shrink)

Theories of deliberative democracy have faced the charge of leading to the unjust exclusion of voices from public deliberation. The recent rhetorical turn in deliberative theory aims to respond to this charge. I distinguish between two variants of this response: the supplementing approach and the systemic approach. On the supplementing approach, rhetorical modes of political speech may legitimately supplement the deliberative process, for the sake of those excluded from the latter. On the systemic approach, rhetorical modes of political (...) speech are legitimate within public deliberation, just so long as they result in net benefits to the deliberative system. I argue that neither of these two approaches adequately meets the unjust exclusion charge. Whereas the supplementing approach does not go far enough to incorporate rhetorical speech into public deliberation, the systemic approach goes too far by legitimizing forms of rhetoric that risk only exacerbating the problem of unjust exclusion. More constructively, I draw on Aristotle’s conception of rhetoric, as an art that is a counterpart to dialectic, to argue for a constitutive approach to rhetoric. I show how this approach provides a more expansive notion of deliberation that remains normatively orientated. (shrink)

Theories of deliberative democracy have faced the charge of leading to the unjust exclusion of voices from public deliberation. The recent rhetorical turn in deliberative theory aims to respond to this charge. I distinguish between two variants of this response: the supplementing approach and the systemic approach. On the supplementing approach, rhetorical modes of political speech may legitimately supplement the deliberative process, for the sake of those excluded from the latter. On the systemic approach, rhetorical modes of political (...) speech are legitimate within public deliberation, just so long as they result in net benefits to the deliberative system. I argue that neither of these two approaches adequately meets the unjust exclusion charge. Whereas the supplementing approach does not go far enough to incorporate rhetorical speech into public deliberation, the systemic approach goes too far by legitimizing forms of rhetoric that risk only exacerbating the problem of unjust exclusion. More constructively, I draw on Aristotle’s conception of rhetoric, as an art that is a counterpart to dialectic, to argue for a constitutive approach to rhetoric. I show how this approach provides a more expansive notion of deliberation that remains normatively orientated. (shrink)

The book Just Hierarchies: Why Social Hierarchies Matter in China and the Rest of the World by Daniel A. Bell and Pei Wang aims to answer the following question: 'Should morally justifiable social hierarchies structure our social lives on an everyday basis, including our relations with loved ones?' Bell and Wang respond positively. In this article, I mainly focus on the relations between intimates, examining the arguments from the perspective of social egalitarianism and feminism. Bell and Wang argue that (...) hierarchies involving shifting roles are justified, but I shall argue that the defence of hierarchy in intimate relations is not completely convincing. First, the authors mistake hierarchical societies for hierarchical organisations. I will explain why this conflation is detrimental to the defence of hierarchies. Second, the authors neglect to mention some of the significant moral wrongs perpetuated by hierarchical systems. A hierarchy such as a caste system not only fixes inferior and superior positions but also conveys demeaning messages to those who are lower in rank. In addition, we also need to consider the macro-background of specific interpersonal hierarchies to be able to make sense of the wrongs of intimate hierarchies. Third, the practical implications of the defence of intimate hierarchies are ambiguous. I argue that, ultimately, the authors are not able to defend what they set out to defend at the very beginning of the book. (shrink)

Common sense suggests that if a war is unjust, then there is a strong moral reason not to contribute to it. I argue that this presumption is mistaken. It can be permissible to contribute to an unjust war because, in general, whether it is permissible to perform an act often depends on the alternatives available to the actor. The relevant alternatives available to a government waging a war differ systematically from the relevant alternatives available to individuals in a (...) position to contribute to the war. Hence the conditions determining whether it is permissible for a government to wage a war often differ from the conditions determining whether it is permissible for others to promote that war. This difference is manifest most often in unjust wars with putatively humanitarian aims—an increasingly common type of war. (shrink)

Mobile health (mHealth) apps for self-monitoring increasingly gain relevance for public health. As a mobile technology, they promote individual participation in health monitoring with the aim of disease prevention and the mitigation of health risks. In this paper, I argue that users of mHealth apps must engage in value trade-offs concerning their fundamental dimensions of well-being when using mobile health apps for the self-monitoring of health parameters. I particularly focus on trade-offs regarding the user’s self-determination as well as their capacity (...) to form personal attachments. Depending on the user’s level of advantage or disadvantage, value trade-offs can pose a threat to the users’ sufficient fulfillment of the dimensions of well-being. As such, value trade-offs can entrench existing structural injustices and prevent disadvantaged users to benefit from this technology. I argue that value trade-offs are, to some, a type of injustice that can drive disadvantaged users away from a sufficiency threshold of well-being, risk users to fall below the threshold, or have an accumulative effect on different dimensions of the user’s well-being. (shrink)

Classical arguments about the legitimate use of force have profoundly shaped the norms and institutions of contemporary international society. But what specific lessons can we learn from the classical European philosophers and jurists when thinking about humanitarian intervention, preventive self-defense or international trusteeship today? The contributors to this volume take seriously the admonition of contextualist scholars not to uproot classical thinkers' arguments from their social, political and intellectual environment. Nevertheless, this collection demonstrates that contemporary students, scholars and policymakers can still (...) learn a great deal from the questions raised by classical European thinkers, the problems they highlighted, and even the problematic character of some of the solutions they offered. The aim of this volume is to open up current assumptions about military intervention, and to explore the possibility of reconceptualizing and reappraising contemporary approaches. (shrink)

Cathleen Kaveny's Prophecy Without Contempt seeks to reorient the conversation among religious ethicists and political theorists about religion in public life. Rather than focus on religious speech in general, Kaveny distinguishes deliberation and indictment as forms of discourse, and she subjects indictment to ethical evaluation. She aims to constrain the public exercise of inordinate indictment, while encouraging prophetic indictment that meets the demands of justice. While the book is a much-needed corrective, Kaveny's focus on the powerful rhetoric of prophetic (...) indictment omits the harms that can come to the body politic from unjust silence. Such silence deserves more moral attention. (shrink)

Individuals have different experiences of work when they are self‐employed, when they perform tasks in the gig economy, and when they follow directives from managers. But such differences are not represented in some of the most prominent non‐ideal theories of work. These describe workers as a coherent group, with a position in the structure of the liberal capitalist economy. I present an alternative that does better at acknowledging difference, through a description of work and workers that has greater ‘pluralism’ and (...) less ‘unifying coherence’. Some might insist that their ‘unifying’ description has superior empirical plausibility. But if ‘pluralistic’ descriptions are valid rivals to provide an accurate characterization of our current condition, then we should consider whether their use in theory can serve valuable aims. I identify the distinctive and valuable non‐ideal aims – epistemic, evaluative, and normative – that can be pursued with ‘pluralistic’ descriptions of work and workers. (shrink)

Just war theory is dominated by two positions. According to the traditional view, combatants both on the just and the unjust side have an equal right to fight, which is not affected by the justice of the cause pursued by their state. According to a recent revisionist account, only combatants fighting for a just cause have such right. David Estlund has offered a sophisticated account that aims to reconcile these two views by looking at our duty to obey (...) the order of democratic political institutions. The article criticizes Estlund’s account and points at an important to be learned from it. (shrink)

In this issue, Ahmadi1 reports on the practice of hymenoplasty—a surgical intervention meant to restore a presumed physical marker of virginity prior to a woman's marriage. As Mehri and Sills2 have stated, these women ‘want to ensure that blood is spilled on their wedding night sheets.’ Although Ahmadi's research was carried out in Iran specifically, this surgery is becoming increasingly popular in a number of Western countries as well, especially among Muslim populations.3 What are the ethics of hymen restoration?Consider the (...) role of the physician. Two of the doctors interviewed by Ahmadi reported being in ‘a perpetual state of guilt because of the surgery's inherent aim at deceiving the groom’ and noted their ‘personal conflict’ at being involved in this deception. Yet: "None of the doctors believed that the surgery was unethical, arguing that the girl could be ‘abused’ and ‘can even die’ if she is discovered not … ". (shrink)

In this article, I seek to answer the following cluster of questions: What would a characteristically African, and specifically relational, conception of a criminal trial’s final end look like? What would the Afro-relational approach prescribe for sentencing? Would its implications for this matter forcefully rival the kinds of penalties that judges in South Africa and similar jurisdictions typically mete out? After pointing out how the southern African ethic of ubuntu is well understood as a relational ethic, I draw out of (...) it a certain conception of reconciliation that I advance as a strong candidate for being the proper final end of a criminal trial. I argue that, far from requiring forgiveness, seeking reconciliation can provide strong reason to punish offenders. Specifically, a reconciliatory sentence is one that roughly has offenders reform their characters and compensate their victims in ways the offenders find burdensome, thereby disavowing the crime and tending to foster cooperation and mutual aid. I argue that this novel account of punishment is a prima facie attractive alternative to more familiar retributive and deterrence rationales, and that it entails that widespread practices such as imprisonment and mandatory minimum sentences are unjust. (shrink)

This article discusses the well-known verdict of Vattel's legal positivism in relation to concepts of modernity and the European State System and aims at a re-interpretation of Vattel's understanding of the modern state, just war and the international order. It wants to show that even though States and individuals do not obey the same logic and reason, Vattel was neiter a Hobbesian thinker nor, as Kant claimed, a 'sorry comforter'. The main reason for this is that Vattel's doctrine of (...) the war en forme does not imply a break with the tradition of just war. Instead, it should be read as a reformulation of the inegalitarian notion of the enemy as proposed by just war doctrines. Pointing out to the persistance of a jusnaturalistic framework, the article shows that Vattel's concept of justus hostis is built on the same conceptual framework as the concept of the enemy of the human race. (shrink)

Hendrickson takes issue with Walzer's treatment of intervention, self-determination, and the legitimate aims of war, stating that Walzer's framework is permissive and ambiguous and using such a just war theory may lead to significant problems.

Augustine posed two questions that go to the heart of the nature of law. Firstly, what is the difference between a kingdom and a band of robbers? Secondly, is an unjust law a law at all? These two questions force us to consider whether law is simply a means of social control, distinguished from a band of robbers only by its size, or whether law is a social institution justified by its orientation towards justice. The End of Law applies (...) Augustine’s questions to modern legal philosophy as well as offering a critical theory of natural law that draws on Augustine’s ideas. McIlroy argues that such a critical natural law theory is realistic but not cynical about law’s relationship to justice and to violence, can diagnose ways in which law becomes deformed and pathological, and indicates that law is a necessary but insufficient instrument for the pursuit of justice. Positioning an examination of Augustine’s reflections on law in the context of his broader thought, McIlroy presents an alternative approach to natural law theory, drawing from critical theory, postmodern thought, and political theologies in conversation with Augustine. (shrink)

"Aimée Pallière, Bergson et le Judaïsme" est un ouvrage écrit par Aimée Pallière, une écrivaine et mystique française du XXe siècle. Aimée Pallière était également la belle-sœur du philosophe Henri Bergson. Dans cet ouvrage, Aimée Pallière explore la relation entre Bergson, un important philosophe français, et sa propre compréhension du judaïsme. Elle examine comment les idées philosophiques de Bergson interagissent avec ses racines juives et comment cela influence sa pensée.

O presente estudo analisa a Lei de Diretrizes e Bases, o Plano Nacional de Educação e o Programa Mais Educação São Paulo, especificamente as partes que tratam da política curricular da ampliação da jornada de aulas na rede pública de ensino de São Paulo, conhecida como escola integral. Metodologia: A análise se dá a partir da perspectiva arqueológica de Michel Foucault, sua terminologia e análise discursiva. Objetivo: O objetivo da pesquisa foi valer-se da contribuição do filósofo e de sua analítica (...) para a leitura crítica e ponderada de documentos educacionais oficiais. Os documentos foram analisados sob a luz dos pressupostos que alicerçam seus objetivos e concepções, mas principalmente sob a perspectiva da analítica arqueológica. A metodologia contemplou, portanto, a análise das regularidades, contradições, comparações e transformações dos três documentos fundantes da escola integral. Resultados: A leitura arqueológica de três documentos da escola integral revelou que a proposta é, de certa forma, totalizante, no sentido de que apresenta a escola integral como supostamente detentora de enorme poder de transformação social, política e educacional. Revelou, além disso, que a proposta tem características paliativas, no sentido de que a escola integral é apresentada como panaceia, quando, de fato, não parece funcionar efetivamente em todos os casos, circunstâncias e objetos, como os documentos presumem. Mostrou ainda que a proposta padece, entre outras coisas, de contradições intrínsecas, extrínsecas e derivadas. Finalmente, revelou que a proposta hierarquiza saberes, nem sempre tem aplicação prática e assume, às vezes, contornos demagógicos. O discurso da escola de tempo integral parece trair a ideia de que o tempo proporciona uma espécie de controle regimental sobre os outros. Fala-se de mais tempo na escola como se isto significasse automaticamente mais qualidade no ensino. Conclusão: Concluímos, portanto, que a proposta da escola em tempo integral esvazia a discussão de uma consideração mais atenta à qualidade das políticas educacionais como um todo, especialmente as curriculares. Palavras-chave : Foucault. Arqueologia do saber. Políticas públicas. Escola integral. (shrink)

Avant-propos: Les corrections nécessaires au mysticisme romantique.--Le mysticisme de la race. Les plus récents théoriciens du pangermanisme.--Un débat sur le mysticisme éstht́ique: Erwin Rohde et Fréderic Nietzsche.--Une doctrine du mysticisme social. Les étapes du Marxisme.--La doctrine morale de Tolstoï.--Appendice: I. Le mysticisme passionel. II. Un nouveau mysticisme social.--Table des matières.

Félicité Robert de La Mennais serait-il le précurseur de Karl Marx? Voici la question originale que pose ici Aimé Richardt à propos d'une personnalité complexe, qui va consacrer sa vie à la défense des pauvres, des humbles, des ouvriers. Celui qui avait tout d'abord défendu avec ferveur l'autorité spirituelle absolue du pape dans son Essai sur l'indifférence en matière de religion, va, en quelques années, changer radicalement. Avec Montalembert et Lacordaire, il fonde le journal L'Avenir, lieu d'expression d'un christianisme libéral (...) en gestation. Par leurs articles et leurs prises de position tranchées, ils s'attirent les foudres de Rome et du pouvoir. Condamnés par le pape Grégoire XVI, les trois hommes se séparent. Les premiers se soumettent, mais Lamennais, dans une dérive inéluctable, se révolte et rompt avec l'Eglise catholique. Il publie alors un ouvrage qui fera date : Paroles d'un croyant. Ce livre connaît un succès immédiat, en appelant à la révolte contre l'injustice au nom de l'Evangile. Il contient en germe, plus de trente ans avant Le Capital, la plupart des idées qui y seront développées. Après des aventures politiques contrastées et décevantes - député de gauche à l'Assemblée nationale de 1848 -, Lamennais meurt dans la pauvreté, à Paris, hors de l'Eglise. Replongeant dans les écrits et la correspondance de Lamennais, Aimé Richardt le suit pas à pas dans ses combats et ses révoltes, jusqu'à la fosse commune du Père-Lachaise, où fut déposé son corps le 1er mars 1854. (shrink)

Estonia is a democratic, parliamentary republic with a health care system that is built on the principle of compulsory, solidarity-based insurance and the all-round availability of services of private service providers. Estonia has specific biobank legislation as well as oversight via data protection laws. Its population-based biobank, the Estonian Genome Center, established in 2001, is one of the largest biobanks in Europe, and its database may be used only for scientific research, public health research, and statistics. The EGCUT can issue (...) data to a third party, but only in coded form. This comprehensive database of genotypic, phenotypic, health, and genealogical information represents about 5% of Estonia's adult population, and is the largest cohort ever gathered in Estonia. Government approval is required for international data sharing, and sharing can be further limited by the requirement of ethics approval and permission from Estonian government. (shrink)