The concept of toleration plays a central role in pluralistic societies. It designates a stance which permits conflicts over beliefs and practices to persist while at the same time defusing them, because it is based on reasons for coexistence in conflict - that is, in continuing dissension. A critical examination of the concept makes clear, however, that its content and evaluation are profoundly contested matters and thus that the concept itself stands in conflict. For some, toleration was and is an (...) expression of mutual respect in spite of far-reaching differences, for others, a condescending, potentially repressive attitude and practice. Rainer Forst analyses these conflicts by reconstructing the philosophical and political discourse of toleration since antiquity. He demonstrates the diversity of the justifications and practices of toleration from the Stoics and early Christians to the present day and develops a systematic theory which he tests in discussions of contemporary conflicts over toleration. (shrink)

Scholars disagree about the proper justification of human rights and which rights qualify as human rights. While some argue for a very limited set of human rights, others defend more comprehensive accounts. In this paper I suggest that a defence of a comprehensive set of human rights can be strengthened by combining constructivist deontological and well-being based teleological justifications. To this end, I discuss two prominent proponents of constructivism and the well-being approach: Rainer Forst and Simon Caney. Forst (...) criticises teleological justifications for grounding human rights in non-universalizable conceptions of the good, such as autonomy, that can reasonably be rejected by others. Constructivism, in contrast, does not rest on any particular idea of the good life and thus allows for greater ethical plurality. I reject this specific criticism, arguing that Caney’s approach ultimately allows for the same plurality. I also highlight that constructivism on its own cannot justify rights of people who are not (yet) able to reason. The well-being approach provides substantive arguments for the rights of these individuals. However, these arguments are made with the framework provided by constructivism. I hold, contra Caney, that Forst’s right to justification is primary in that it is the unavoidable basis from which justice issues can be dealt with in a reasonable way and that the main function of human rights is to protect the equal moral status of persons. I conclude that Forst’s constructivist and Caney’s well-being approach are complementary rather than rivalrous: when combined they provide a more robust justification for a comprehensive set of human rights than considered separately. (shrink)

Introduction: the foundation of justice -- Practical reason and justifying reasons: on the foundation of morality -- Moral autonomy and the autonomy of morality : toward a theory of normativity after Kant -- Ethics and morality -- The justification of justice: Rawls's political liberalism and Habermas's discourse theory in dialogue -- Political liberty: integrating five conceptions of autonomy -- A critical theory of multicultural toleration -- The rule of reasons: three models of deliberative democracy -- Social justice, justification, and power (...) -- The basic right to justification: toward a constructivist conception of human rights -- Constructions of transnational justice: comparing John Rawls's the law of peoples and Otfried Höffe's democracy in an age of globalisation -- Justice, morality, and power in the global context -- Toward a critical theory of transnational justice. (shrink)

Rainer Forst develops a critical theory capable of deciphering the deficits and potentials inherent in contemporary political reality. This calls for a perspective which is immanent to social and political practices and at the same time transcends them. Forst regards society as a whole as an ‘order of justification’ comprising complexes of different norms referring to institutions and corresponding practices of justification. The task of a ‘critique of relations of justification’, therefore, is to analyse such legitimations with regard (...) to their validity and genesis and to explore the social and political asymmetries leading to inequalities in the ‘justification power’ which enables persons or groups to contest given justifications and to create new ones. Starting from the concept of justification as a basic social practice, Forst develops a theory of political and social justice, human rights and democracy, as well as of power and of critique itself. In so doing, he engages in a critique of a number of contemporary approaches in political philosophy and critical theory. Finally, he also addresses the question of the utopian horizon of social criticism. (shrink)

We invoke the ideal of tolerance in response to conflict, but what does it mean to answer conflict with a call for tolerance? Is tolerance a way of resolving conflicts or a means of sustaining them? Does it transform conflicts into productive tensions, or does it perpetuate underlying power relations? To what extent does tolerance hide its involvement with power and act as a form of depoliticization? Wendy Brown and Rainer Forst debate the uses and misuses of tolerance, an (...) exchange that highlights the fundamental differences in their critical practice despite a number of political similarities. Both scholars address the normative premises, limits, and political implications of various conceptions of tolerance. Brown offers a genealogical critique of contemporary discourses on tolerance in Western liberal societies, focusing on their inherent ties to colonialism and imperialism, and Forst reconstructs an intellectual history of tolerance that attempts to redeem its political virtue in democratic societies. Brown and Forst work from different perspectives and traditions, yet they each remain wary of the subjection and abnegation embodied in toleration discourses, among other issues. The result is a dialogue rich in critical and conceptual reflections on power, justice, discourse, rationality, and identity. (shrink)

In this collection of essays, the first translation into English of the ground-breaking 'Normativität und Macht' (Suhrkamp 2015), Rainer Forst presents a new approach to critical theory. Each essay reflects on the basic principles that guide our normative thinking. Forst's argument goes beyond 'ideal' and 'realist' theories and shows how closely the concepts of normativity and power are interrelated, and how power rests on the capacity to influence, determine, and possibly restrict the space of justifications for others. By (...) combining insights from the disciplines of philosophy, history, and the social sciences, Forst revaluates theories of justice, as well as of power, and provides the tools for a critical theory of relations of justification. Translated from German. (shrink)

_Contexts of Justice,_ highly acclaimed when it was published in Germany, provides a significant new intervention into the important debate between communitarianism and liberalism. Rainer Forst argues for a theory of "contexts of justice" that leads beyond the narrow confines of this debate as it has been understood until now and posits the possibility of a new conception of social and political justice. This book brings refreshing clarity to a complex topic as it provides a synthesis of traditions and (...) theories that leads to a truly original approach. Forst makes a four-part distinction to decipher the debate between communitarianism and liberalism. These four parts concern the constitution of the self, the neutrality of law, the ethos of democracy, and the opposition between universalism and contextualism. He shows that a comprehensive theory of justice needs to take these different contexts adequately into account. He discusses recent debates about discursive democracy and feminist critiques of liberalism, and addresses such topics as multiculturalism and civil society. (shrink)

The same as with many other concepts, once one considers the concept of power more closely, fundamental questions arise, such as whether a power relation is necessarily a relation of subordination and domination, a view that makes it difficult to identify legitimate forms of the exercise of power. To contribute to conceptual as well as normative clarification, I suggest a novel way to conceive of power. I argue that we only understand what power is and how it is exercised once (...) we understand its essentially noumenal nature. I claim that the real and general phenomenon of power is to be found in the noumenal realm, that is, in the space of reasons, understood as the realm of justifications. On that basis, I defend a normatively neutral notion of power that enables us to distinguish more particular forms of power, such as rule, coercion, or domination. The analysis aims to prepare the way for a critical theory of power. (shrink)

This article argues that alienation should be understood as a particular form of individual and social heteronomy that can only be overcome by a dialectical combination of individual and collective autonomy, recovering a deontological sense of normative authority. If we think about alienation in Kantian terms, the main source of alienation is a denial of standing or, in the extreme, losing a sense of oneself as a rational normative authority equal to all others. I call the former kind of alienation, (...) where persons deny others equal standing as a normative authority in moral or political terms, first order noumenal alienation, as there is no proper mutual cognition and recognition of each other in such a social context. I call the latter kind of alienation, where a subject does not consider themselves an equal normative authority – or an ‘end in oneself’ – second order noumenal alienation. In this sense, alienation violates the dignity of humans as moral and political lawgivers – a dignity seen by Rousseau, Kant and Marx as inalienable: It can be denied or violated, but it cannot be lost. (shrink)

This chapter explores the relationship between republican democracy and justice by comparing Philip Pettit's notion of neo-republicanism with that of Immanuel Kant. It begins by describing a republican, political conception of justice as nondomination and explaining why the discourse of republicanism and that of theories of justice often remain at odds with one another. It then considers the basis of a republican conception of justice as nondomination and locates it within the principle of justification, along with Pettit's idea of autonomy (...) and respect. It also examines the notions of ‘arbitrariness’ and ‘domination’ as well as Pettit's ‘negative republicanism’ and its emphasis on legally and politically secure freedom of choice. The chapter argues that a Kantian interpretation of modern republicanism is more convincing than Pettit's ‘negative republicanism’. (shrink)

The term “toleration”—from the Latin tolerare: to put up with, countenance or suffer—generally refers to the conditional acceptance of or non-interference with beliefs, actions or practices that one considers to be wrong but still “tolerable,” such that they should not be prohibited or constrained. There are many contexts in which we speak of a person or an institution as being tolerant: parents tolerate certain behavior of their children, a friend tolerates the weaknesses of another, a monarch tolerates dissent, a church (...) tolerates homosexuality, a state tolerates a minority religion, a society tolerates deviant behavior. Thus for any analysis of the motives and reasons for toleration, the relevant contexts need to be taken into account. (shrink)

Kants Musikästhetik wird weithin unterschätzt. Dabei bietet sie die entscheidenden Ansätze zur Befreiung der Musik aus den Fängen der Nachahmungsästhetik, wie sie vor allem E.T.A.Hoffman kongenial umgesetzt hat.

This paper argues for a conception of transnational justice that provides an alternative to globalist and statist views. In light of an analysis of the transnational context of justice, a critical theory is suggested that addresses the multiple relations of injustice and domination to be found in this context. Based on a universal, individual right to reciprocal and general justification, this theory argues for justifiable social and political relations both within and between states. In both of these contexts, it distinguishes (...) between minimal and maximal justice and stresses the interdependence of domestic and transnational justice. On both levels, minimal justice calls for a discursive structure of justification, whereas maximal justice implies a fully justified basic social structure. (shrink)

Over the past 15 years, Rainer Forst has developed a fundamental research programme within the tradition of Frankfurt School Critical Theory. The core of this programme is a moral account of the basic right of justification that humans owe to one another as rational beings. This account is put to work by Forst in articulating - both historically and philosophically - the contexts and form of justice and of toleration. The result is a powerful theoretical framework within which (...) to address issues such as transnational justice and multicultural toleration. In this volume, Forst sets out his ideas in an extended essay, which is responded to be influential interlocutors including: Andrea Sangiovanni, Amy Allen, Kevin Olson, Anthony Laden, Eva Erman and Simon Caney. The volume concludes with Forst's response to his interlocutors. (shrink)

Les disciplines historiques, littéraires et philosophiques font un emploi abondant des catégories historiographiques. Parmi celles-ci, les termes en ismes sont très fréquents pour référer à une doctrine, un courant artistique, une idéologie ou des événements spécifiques. On fait cependant remarquer que ces désignations posent de nombreux problèmes d’interprétation. En particulier, que l’origine exacte d’une catégorie est souvent méconnue et que sa signification est plus équivoque qu’on ne le croit habituellement. La formation d’un terme en isme s’explique souvent dans un contexte (...) polémique et sert à condamner ou critiquer plutôt qu’à comprendre une pensée, un mouvement ou des faits historiques. Les catégories d’athéisme, de classicisme ou de féminisme en sont de bons exemples. Le présent volume vise à contribuer à l’étude critique des catégories historiographiques et des notions en isme en s’attardant à l’époque moderne (XVI e XVIII e siècles). Il s’agit d’un moment clef de l’histoire européenne pendant laquelle nombre de ces notions apparaissent ou pour laquelle l’historiographie en a fait un emploi abondant. Les chapitres en examinent la valeur théorique par rapport à une origine ou des usages, et déterminent de quelles manières elles contribuent à l’interprétation de l’histoire, de la littérature ou de la philosophie, de la Renaissance jusqu’à la Révolution française. (shrink)

This article suggests a Kantian reading of Rawls’s Political Liberalism. As much as Rawls distanced himself from a presentation of his theory in terms of a comprehensive Kantian moral doctrine, we ought to read it as a noncomprehensive Kantian moral-political theory. According to the latter approach, the liberal conception of justice is compatible with a plurality of comprehensive doctrines as long as they share the independently defined and grounded essentials of that conception of justice—that is, as long as they are (...) “reasonable,” to use the term that does most of the Kantian work. (shrink)

In The Shadow of God, Michael Rosen argues that modern moral philosophy in the tradition of German Idealism is profoundly shaped by religious views these thinkers could not overcome. However, a closer look at Rosen’s critique of Kant’s and Kantian conceptions of morality raises the possibility that Rosen’s view may itself be haunted by the shadow of God. In particular, Rosen appears to believe that a moral imperative of respect for human dignity necessarily requires a religious-transcendent grounding, such that there (...) is no purely moral answer to the question of why such respect is owed. In relegating morality to an impersonal realm that alienates us from our personal understandings of the good, Rosen fails to recognize not only that Kantian morality is meant to alienate us from certain ends (e.g., racist or sexist), but that it is also meant to overcome alienation. This is because Kantian morality is not so much impersonal, as it is interpersonal: it recognizes us as belonging to a community of free and equal persons, who are autonomous when we morally reflect on, or even reject, certain ends. (shrink)

In this paper, the author contrasts three models of deliberative democracy: a liberal one, a communitarian one, and an alternative to both. Rather than understanding deliberative democracy as the rule of principles of justice or of communal values, the third model conceives of it as the “rule of reasons.” On the basis of a discussion of seven components of an “ethos of democracy” (the cognitive capacities of citizens, political virtues, the cultural, institutional and material conditions of democracy, political legitimacy, and (...) the “ground” of democracy), the third view, which is based on a theory of moral and political justification, emerges as superior. (shrink)

In the practice of social criticism, the concept of human dignity has played and still plays an important role. In philosophical debates, however, we find widely divergent accounts of that concept, ranging from views based on a conception of human needs to religious approaches trying to explain the ‘inviolability’ of the person. The view presented here reconstructs the basic claim of human dignity historically and normatively as resting on the moral status of the person as a reason-giving, reason-demanding and reason-deserving (...) being. The person as holding a basic moral right to justification is the true ground for the claim of having one’s dignity respected: as someone who must not be subjected to norms, rules, or institutions which cannot be properly justified to that person in appropriate practices of justification. To possess human dignity means being an equal member in the realm of subjects and authorities of justification and to be respected as such. This is the moral ground of social criticism, implied in particular social and political demands raised in given historical contexts. Thus, critical theory has to be reoriented towards a critique of the relations of justification in a given social order of justification. (shrink)

This volume takes a look at the status quo of whistleblowing in several jurisdictions from around the world. Covering a topic that draws the attention of a broad public and is gaining importance amongst legislators, practitioners and scholars all over the globe, the book examines the various aspects of whistleblowing. It looks at what kind of legal protection of whistleblowers is in force, who is protected, what kind of behaviour is protected, and what kind of behaviour whistleblowers are protected against. (...) This is achieved by a combination of a general comparative report with country-specific reports that give information on whistleblowing in various jurisdictions. These countries include, amongst others, Canada, Germany, France, Italy, the Netherlands and the USA. A synopsis comprises information on whistleblowing in 23 countries in one tabula. The chapters of this book were originally prepared for the XIXth International Congress of Comparative Law (20th and 21 July 2014) of International Academy of Comparative Law in Vienna.shrink)

In this article, I address the various objections raised by Simone Chambers, Stephen White and Lea Ypi concerning my version of a critical theory of politics. I explain the basic assumptions that inform my account of a critique of relations of justification, its particular method and aims.

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

What kind of animals are human beings? And how do our visions of the human shape our theories of social action and institutions? In Moral, Believing Animals>, Christian Smith advances a creative theory of human persons and culture that offers innovative, challenging answers to these and other fundamental questions in sociological, cultural, and religious theory. Smith suggests that human beings have a peculiar set of capacities and proclivities that distinguishes them significantly from other animals on this planet. Despite the (...) vast differences in humanity between cultures and across history, no matter how differently people narrate their lives and histories, there remains an underlying structure of human personhood that helps to order human culture, history, and narration. Drawing on important recent insights in moral philosophy, epistemology, and narrative studies, Smith argues that humans are animals who have an inescapable moral and spiritual dimension. They cannot avoid a fundamental moral orientation in life and this, says Smith, has profound consequences for how sociology must study human beings. (shrink)

This article analyses the debate between Nancy Fraser and Axel Honneth in a dialectical fashion. Their controversy about how to construct a critical theory of justice is not just one about the proper balance between `redistribution' and `recognition', it also involves basic questions of social ontology. Differing both from Fraser's `twodimensional' view of `participatory parity' and from Honneth's `monistic' theory of recognition, the article argues for a third view of `justificatory monism and diagnosticevaluative pluralism', also called the `first-things-first' approach. According (...) to it, theories of recognition provide an essential sensorium for analyses of social suffering and of injustice, while with respect to the justification of justice claims, a discursive conception of justification is required. This, however, does not imply a purely `formal' account of justice; rather, it leads to a substantive understanding of the `grammar of justice', motivationally, socially and institutionally. Such an account of a critical theory of justice aims at a multidimensional critique of social and political `relations of justification'. (shrink)

Name der Zeitschrift: Deutsche Zeitschrift für Philosophie Jahrgang: 67 Heft: 2 Seiten: 313-316.