Online research in philosophy

Many have criticized liberalism for being too individualistic, but few have offered an alternative that goes beyond a vague affirmation of the need for community. In this entertaining book, written in dialogue form, Daniel Bell fills this gap, presenting and defending a distinctively communitarian theory against the objections of a liberal critic. Drawing on the works of such thinkers as Charles Taylor, Michael Sandel, and Alasdair MacIntyre, Bell attacks liberalism's individualistic view of the person by pointing to our social embeddedness. (...) He develops Michael Walzer's idea that political thinking involves the interpretation of shared meanings emerging from the political life of a community, and intelligently rebuts criticism that this approach damages his case by being conservative and relativistic. Communitarianism and Its Critics is a provocative defense of a distinctly communitarian theory which will stimulate interest and debate among scholars and students of political theory as well as those approaching the subject for the first time. (shrink)

This paper argues that communitarian philosophy can be an important philosophic resource for feminist thinkers, particularly when considered in the light of Jane Addams's (1860-1935) feminist-pragmatism. Addams's communitarianism requires progressive change as well as a moral duty to seek out diverse voices. Contrary to some contemporary communitarians, Addams extends her concept of community to include interdependent global communities, such as the global community of women peace workers.

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)

In this paper I look at three versions of the charge that liberalism’s emphasis on individuals is detrimental to community—that it encourages a pernicious disregard of others by fostering a particular understanding of the individual and the relation she has with her society. According to that understanding, individuals are fundamentally independent entities who only enter into relations by choice and society is seen as nothing more than a venture voluntarily entered into in order to better oneself. Communitarian critics argue that (...) since liberals neglect the degree to which individuals are dependent upon their society for their self-understanding and understanding of the good, they encourage individuals to maintain a personal distance from others in their society. The detrimental effect this distancing is said to have on communities is often called “asocial individualism” or “asocialism.” I argue that all three versions of the charge fail against liberalism and that liberalism—with its insistence on the normative import of individuals—is not detrimental to communities, but can actually foster strong communities. (shrink)

This paper discusses the possibility of an ethics of difference. It begins with an introduction to current poststructural and critical theories in order to show their significance for transcultural politics and ethics. Its theme is formulated in terms of the debate between the affirmation of ethical cognitivism cast in the form of universalism and the advocacy of moral skepticism in the mode of communitarianism. Distancing itself from the idea of universal morality, this paper attempts to respond to the challenge (...) of both communitarians and deconstructionists in contemporary French poststructuralism. In the end, it argues for transversality in place of universality. (shrink)

In this chapter, I argue that Karl Popper was a communitarian philosopher. This will surprise some readers. Liberals often tout Popper as one of their champions. Indeed, there is no doubt that Popper shared much in common with liberals. However, I will argue that Popper rejected a central, though perhaps not essential, pillar of liberal theory, namely, individualism. This claim may seem to contradict Popper's professed methodological individualism. Yet I argue that Popper was a methodological individualist in name only. In (...) fact, methodological individualism faded from Popper's vocabulary as he moved institutions and situational analysis more firmly to centre-stage. Popper's focus on institutions and situations constitutes what I call his communitarianism. If my interpretation is correct, then theorists in the socio logy of scientific knowledge and communitarian epistemology should reconsider their long-standing distrust of Popper's philosophy. Indeed, they may have much to gain by treating Popper as a friend rather than a foe. (shrink)

This paper sees Charles Taylor's moral discourse as a version of liberal communitarianism, an attempt to reconcile liberalism and communitarianism, by examining his three transcendental arguments: the liberal transcendence from the parochial to the universal; the communi tarian transcendence from the instinctual to the ontological; and the theistic transcendence from the good to God. While this liberal communi tarianism absorbs some great insights from both liberalism and communi tarianism and overcomes some of their respective weaknesses, it fails to (...) avoid their common dichotomy of the good and the right because Taylor's fundamentally communitarian commitment leads him to believe that there must be a universal ontological (religious or metaphysical) idea of the good as the foundation for any needed universal social and political idea of the right. Key Words: communitarianism • - the good • - justice • - liberalism • - the right • - Charles Taylor • - transcendental arguments. (shrink)

Abstract The emergent message of ?Communitarianism? is challenging the tradition of liberal rationalism that has sustained much recent research in moral development. This is much more than a matter of values; behind these two positions are very different ways of thinking about psychological and social processes. Liberal rationalists come out of a strongly cognitive, individualistic psychological tradition, while communitarians speak in the language of hermeneutics and social constructionism. This distinction underpins the values that each position espouses, for values arise, (...) I would argue, directly from psychological assumptions. This has profound implications for moral education. The communitarian world view prescribes rather different approaches from that of liberal rationalism. If moral education is to succeed, we have to understand the developmental processes in which we are intervening, and if we wish to challenge alternative positions we must appreciate how their infrastructure sustains their rhetoric, and how this differs from where we stand. In this paper these issues are discussed; a speculative blueprint is offered for communitarian educational principles, and its strengths and weaknesses are considered. (shrink)

Although Roberto Unger is sometimes described as a communitarian critic of liberalism, his recent three?volume work on Politics disavows the major tenets of contemporary communitarianism?for example, the ?embedded self,? the critique of rights, the rejection of universalizing theory. Instead, Unger's aim is to criticize liberalism from the perspective of a ?superliberalism"?a perspective which takes the original liberal desire to emancipate individuals from the chains of social custom and hierarchy and rids it of the stultifying economic and political institutions (...) within which liberals have sought to contain it. Three main components of Unger's theory are analyzed: the idea of ?negative capability,? or the power of individuals to revise and transcend their social contexts; the idea of an ?empowered democracy,? which seeks to open up all aspects of society to the collective exercise of negative capability; and the idea of ?immunity rights,? which seek to protect individuals from the potential risks of radical democracy. I argue that all three underestimate the risks to individual liberty of the over?politicization of social life. (shrink)

As many authors have acknowledged in these pages, Will Kymlicka has produced an admirable attempt to reconcile the differences of communitarians and liberals. However, Kymlicka's synthesis ignores the aspects of each theory which make his task impossible. Particularly, his analysis rests upon a misleading picture of communitarian community and an incomplete appreciation of the divergent liberal and communitarian understandings of freedom and pluralism. In the process of demonstrating the incompatibility of these theories, the similarities between communitarianism and nationalism are (...) explored. (shrink)

As a social and political thought, communitarian ideas appeared in the Pre-Qin Confucianism. By the Song Dynasty, it had become a systematic theory, namely, the learning of the “four books.” As a social and political theory, not only can Confucian communitarianism contribute to Western liberalism, but it can also be an intellectual resource for the development of democracy in East Asian countries and regions. The future of the Confucian communitarianism lies in its critique of itself and its discourse (...) with Western liberalism, by which Confucianism evolves from communitarianism into liberalism. (shrink)

This article argues that in order to make Confucian communitarianism a viable political vision, namely, Civil Confucianism, its emphasis on civility must be balanced with what I call ‘Confucian incivility’, a set of Confucian social practices that temporarily upset the existing social relations and yet that, ironically, help those relations become more enduring and viable. The central argument is that ‘Confucian civility’ encompasses both social-harmonizing civilities that buttress the moral foundation of the Confucian social order and some incivilities that (...) upset that foundation, albeit temporarily, in order to revise and thereby revitalize it. The article presents Confucian civility as both deferentially remonstrative and respectfully corrective (in the familial relations) and uncompromising and even intractable (in the political relations). It concludes by examining the implications of the virtue of Confucian incivility for constructing a less conservative and more socio-politically vibrant version of Confucian communitarianism than the prevailing suggestions of it. (shrink)

Taylor, Sandel, Walzer, and MacIntyre waver between granting the community authority over the individual and limiting this authority so severely that communitarianism becomes a dead letter. The reason for this vacillation can be found in the aspiration of each theorist to base liberal values?equality and liberty?on particularism. Communitarians compound liberal formalism by adding to the liberal goal, individual autonomy, the equally abstract aim of grounding autonomy in a communally shared identity. Far from returning political theory to substantive considerations of (...) the good, communitarianism legitimizes really existing liberal politics?the politics of the nation?state. (shrink)

The article discusses the Kenyan post-2007 elections political crisis within the framework of 'libertarian communitarianism' that integrates individualistic self-interest with traditional collectivist solidarity in the era of globalization in Africa. The author argues that behind the Kenyan post-election anarchy can be analyzed as a type of 'prisoner's dilemma' framework in which self-interested rationality is placed in a collectivist social contract setting. In Kenya, this has allowed political manipulation of ethnicity as well as bad governance, both of which have prevented (...) the building of a strong, impartial state. In Kenya, socio-economic disparities and historical injustices due to corruption, nepotism, cronyism and other forms of favoritism have maintained ethnic and other internal tensions, which exploded into open conflict after the disputed December 2007 elections. The author shows how the 'libertarian communitarist' politico-economic context lacks shared values and precludes forward-looking solutions for social justice that promote public good and national unity. Instead, a nation remains divided with its people set up in competitive positions, because there is public trust neither in partisan and self-interested governments nor in inefficient state structures with often (ethnically and/or regionally) biased (re)distribution of resources and unequal service delivery. The greed of the political elites and grievances of the ordinary citizenry maintain distrust across the nation and focus on past injustices rather than finding a shared agenda for future unity. The author suggests that in order to build up public trust, to strengthen the state structures and to gain national unity, it is necessary to focus on shared values and a forward-looking concept of justice, acceptable to all. (shrink)

This paper argues that liberalism and communitarianism provide views of the moral life that are both too narrow. Communitarianism roots the moral life in the norms of particular communities. Liberals argue that communitarianism is likely to be parochial and sectarian. Liberalism has sought for norms that are universal and generalizable. Communitarians claim that liberalism is a "view from nowhere" that is more likely to produce rootlessness and anomie than justice . This paper seeks for a "space between". (...) Its principle claim is that moral capacities such as empathy and sympathy and conceptions such as kindness and decency occupy a space between liberalism and communitarianism because, while they depend on attachments more than principles, they are evoked by characteristics of others that are not rooted in group membership or shared identities. (shrink)

Communicable diseases, especially those that are highly contagious, are on the rise and each of us, no matter who we are or where we live, is equally at risk of transmitting contagious diseases to others as we are of contracting such diseases from others. Because contagious diseases are as readily passed state-to-state as person-to-person, we all have a stake in every country's ability to enact effective infectious disease control policies, while policies grounded in shared values are more likely to gain (...) widespread acceptance and thereby prove most effective. This paper suggests that principlism proved invaluable as an ethical framework for resolving hard medical cases and setting health care policy because it nicely “fits” dilemmas that arise in the context of the special relationship between doctors and patients or within family units. It then argues that communitarianism provides the better foundation for crafting infectious diseases control policies because contagious diseases, which often pass between perfect strangers, raise questions about the moral obligations we owe to (or are entitled to demand of) people with whom we share no “special” relationship. Accordingly, a socially embedded framework such as communitarianism may be a better fit for the more socially embedded ethical dilemmas of communicable diseases. (shrink)

The chapter argues that communitarianism is the ‘postmodern bourgeois liberalism’ that Rorty, probably the leading avowedly epistemological, rather than political, or merely political, communitarian, describes himself as espousing. Proceeding by way of a detailed discussion of Philip Selznick’s definitive ‘Social Justice: a Communitarian Perspective’-- in which he seeks ‘to reaffirm, and to clarify if I can, the communitarian commitment to social justice’ -- I show that rooted in the particular as communitarianism is, it cannot but reflect the values, (...) beliefs and attitudes of the particular “community” in which it is variously found. Selznick's communitarianism, like any other, offers itself as a complement to, as well as a correction of, liberal principles: it could not do otherwise, since the institutional frameworks within which its values are to be realized are those of the modern nation-state and market econonmy. Communitarianism turns out to be the practice of postmodern liberalism. (shrink)

This paper argues that communitarian philosophy can be an important philosophic resource for feminist thinkers, particularly when considered in the light of Jane Addams's (1860-1935) feminist-pragmatism. Addams's communitarianism requires progressive change as well as a moral duty to seek out diverse voices. Contrary to some contemporary communitarians, Addams extends her concept of community to include interdependent global communities, such as the global community of women peace workers.

J. Baird Callicott defends a communitarian environmental ethic that grounds moral standing in shared kinship and community. This normative theory is unacceptable because it is out of synch with our considered moral judgments as environmental philosophers. Ecological communitarianism excludes in advance entities that would obviously qualify for moral standing, and scuttles itself in the process.

I make a distinction between regional and national movements toward union and uniformity. The former suppresses individuality, both at the level of the human being and at that of their political aggregates, while the latter allows space for criticism and creativity. I briefly rehearse communitarian movements of the past so as to draw historical lessons from their failures. From this, I go on to sketch some features of the kind of regional and even global communitarianism that is required in (...) today’s political and economic context. (shrink)

How is the sense (knowledge and feelings) of community produced? What roles do various units of society play in producing such knowledge and feelings? What are the values of the ethic engendered by such knowledge and feelings? I suggest that a communitarian theory indigenous to African culture enables us to respond to these questions. Against the objections of those who advocate an ideology of modern democratic liberalism, I argue that the values of individual worth and freedom are indeed compatible with (...) those of communitarianism. Further, while I agree that communities are natural orders into which individuals are born, I deny any ontological determinism that would seek to restrict such orders in terms of ethnicity or race. Rather, communities also need to be understood as products of deliberate human organization and choices. (shrink)

There is a contemporary conflict between individualistic andcommunitarian conceptions of rationality. Robert Goodin describes it asa conflict between an enlightenment individualistic conception of a``sovereign artificer'''' and ``a socially unencumbered self'''' ascontrasted with the communitarian conception of a ``socially embeddedself'''' whose identity is formed by his or her community. Should wejustify and explain rationality individualistically or socially? This isa false dilemma when consensus is reached by a model articulated byKeith Lehrer and Carl Wagner. According to this model, the consensusresults from the (...) positive weights individuals give to others and use tocontinually average and, thus, aggregate their allocations. Aggregationconverges toward a consensus in which the social preference and theindividual preferences become identical. The truth of communitarianismis to be found in the aggregate and the truth of individualism in theaggregation. The original conflict dissolves in rational consensus. (shrink)

Critics of liberalism have argued that liberal individualismmisdescribes persons in ignoring the degree to which they aredependent on their communities. Indeed, they argue that personsare essentially socially constituted. In this paper, however, Iprovide two arguments – the first concerning communitariandescriptive claims about persons, our society, and the communitarian ideal society, and the second regarding thecommunitarian view of individual autonomy – that the communitariantheory of Alasdair MacIntyre, Charles Taylor, and Michael Sandel,relies on individuals either being independent from theircommunities or having a (...) community-independent desire. Thisis indicative of a deep contradiction in communitarian thought. (shrink)

This paper defends the communitarian account of meaning against Boghossian’s (Wittgensteinian) arguments. Boghossian argues that whilst such an account might be able to accommodate the infinitary characteristic of meaning, it cannot account for its normativity: he claims that, since the dispositions of a group must mirror those of its members, the former cannot be used to evaluate the latter. However, as this paper aims to make clear, this reasoning is fallacious. Modelling the issue with four (justifiable) assumptions, it shows that (...) Condorcet’s ‘Jury Theorem’ can be used to prove that the dispositions of the majority of the members of a group can differ from those of any individual member in a way that makes it possible to use communal dispositions as a standard with which individual dispositions can be assessed. Moreover, the argument of the paper is also shown to have general implications for the use of formal methods in the explanation of the nature of certain fallacious inferences. (shrink)

This essay argues that Stoicism is the ancient philosophy most relevant to modern politics and civic education. Its relevance is due not to the advocacy of any specific political system or public policy but to its theory that the human good depends primarily on rationality and excellence of character rather than on material prosperity and productivity. According to Stoicism, all human beings are related to one another in virtue of our communal nature as rational animals. Reflection on the norms of (...) human nature persuaded the Stoics that we all share a common interest in living just and mutually beneficial lives. This principle, though it favors an equitable distribution of goods and services, makes rationality and integrity, rather than material prosperity, the essential values of community and the measure of normative citizenship and lawmaking. Our goal as Stoic citizens is to practice the art of what is always possible or in our power—doing our best to live mutually beneficial and well-reasoned lives—while recognizing that the external success we are naturally inclined to aim at may be frustrated because we live in a world we can never fully control. (shrink)

This volume explores the focus of interest in community and the emerging theoretical opposition between communitarianism and liberalism, including the practical, theoretical and ethical issues that relate to community in the healthcare professions.

Thesis (Ph. D.)--University of Hawaii at Manoa, 1991.

This paper tackles with the issue of the place of comprehensive beliefs within the public space. It tries to strike a middle path between the liberal ban on comprehensive beliefs and the anti-liberal claim that comprehensive beliefs should be given full pride of place in public deliberations. The article relies on arguments that are inspired by the pragmatist tradition. It starts locating the main cause of failures at articulating comprehensive beliefs and public reason in a central feature of liberal epistemology, (...) namely the way it conceives public reason via a preliminary distinction between public and non public beliefs. After criticizing this distinction, the article introduces a distinction between the normative practice of justification and the normative practice of adjudication as a more perspicuous way to establish the place that comprehensive beliefs should play within political forums. It then concludes showing that this approach provides a satisfying answer to the issue of the public role of comprehensive beliefs in a liberal democratic regime that is respectful of citizens’ thick identities while at the same time complying with the requirements of respect set by the liberal tradition. Keywords: public reason and religion - pragmatism - liberalism - communitarianism - normative practices. (shrink)

Within the Western tradition we can find important and interesting philosophical differences between the continental European and the Anglo-American ethical and political outlooks towards biotechnology. The Anglo-American attitude appears based on naturalistic and empiricist views, while continental European viewpoints are built on idealistic liberal humanism. A Northern European view integrates both of the above-mentioned liberal traditions. The main problem is that although these different outlooks can be said to be liberal in their common promotion of equality, autonomy, and individual rights, (...) they still tend to conflict. I purpose to explicate the main differences of these liberalisms and to analyze how they affect the ethical views towards biotechnology in the Western world. Secondly, I will search for the shared values involved in these approaches in order to find common ground for open discussion on the ethical problems involved in biotechnological development. (shrink)

Dissolution of tradition : the new affiliation -- Jefferson's communitarianism : in search of the affiliated man -- Consequences of communitarianism : the other side of love.

Communitarians have argued against Millian individualism (ethical liberalism) by claiming that it leads to the compartmentalization of life, and thus inhibits virtue, that it causes alienation, and leads to what I call the problem of choice. Ethical liberals celebrate the free choice of a conception of the good life, but communitarians respond by posing a dilemma. Either the choice is made in reference to some given standard (a social or natural telos), in which case it is not free, or it (...) is made without reference to a standard, in which case it is arbitrary. This entails either ethical liberalism is false or it reduces to existentialism. I tackle each of these arguments in turn, showing that alienation is not any more of problem in liberal than in communitarian societies, and explain how virtues can fit between compartments in our lives. Regarding the problem of choice, I show that communitarians have assumed that justification must have a foundationalist structure. I show instead how a coherentist structure can allow for a person to begin with unchosen ends or with unchosen standards, but eventually arrive at a structure of ends (which constitute a vision of the good life) that is both freely chosen and rationally justified. This vindicates Millian individualism. (shrink)

John Locke's labor theory of property is one of the seminal ideas of political philosophy and served to establish its author's reputation as one of the leading social and political thinkers of all time. Through it Locke addressed many of his most pressing concerns, and earned a reputation as an outstanding spokesman for political individualism - a reputation that lingers widely despite some partial challenges that have been raised in recent years. In this major new study Matthew Kramer offers an (...) extensive critique of the labor theory and investigates the consequences of its downfall. With incisive analyses of the merits and failings of many aspects of Locke's political thought, Kramer advances a powerful challenge to Locke's image as an individualist. Employing a rigorously philosophical methodology, but remaining aware of the insights generated by historical approaches to Locke, Kramer concludes that Locke's political vision was in fact profoundly communitarian. (shrink)

In Emanuel Adler's distinctive constructivist approach to international relations theory, international practices evolve in tandem with collective knowledge of the material and social worlds. This book - comprising a selection of his journal publications, a new introduction and three previously unpublished articles - points IR constructivism in a novel direction, characterized as 'communitarian'. Adler's synthesis does not herald the end of the nation-state; nor does it suggest that agency is unimportant in international life. Rather, it argues that what mediates between (...) individual and state agency and social structures are communities of practice, which are the wellspring and repositories of collective meanings and social practices. The concept of communities of practice casts new light on epistemic communities and security communities, helping to explain why certain ideas congeal into human practices and others do not, and which social mechanisms can facilitate the emergence of normatively better communities. (shrink)

It is often claimed that liberalism is falsely and perniciously universalist. I take this charge seriously, exploring three positions: the communitarians’, Rorty’s, and that of “comprehensive” liberalism. After explaining why universalism is thought impossible, I examine the communitarian view that value is determined within communities and argue that it results in a form of relativism that is unacceptable. I next discuss Richard Rorty’s liberal acceptance of “conventionalism” and explain how, despite his rejection of universalism, Rorty remains a liberal. I then (...) present a defense of universalism, based in part on arguments that parallel Thomas Nagel’s arguments in defense of a “view from nowhere” and Jean Hampton’s objectivist arguments against Rawls’s moves to a “merely political” theory. That defense requires that we can distance ourselves from our ends to make moral judgments shorn of all partialities. (shrink)

Amitai Etzioni has collected a sterling list of contributors who bring communitarian thinking to bear on such timely and contentious issues as abortion, ...

In this book, Amitai Etzioni, public intellectual and leading proponent of communitarian values, defends the view that no society can flourish without a shared ...

This book explores some current issues on the borderland between moral philosophy and Christian theology. Particular attention is paid to the issues at stake between liberals and communitarians and the dispute between realists, non-realists and quasi-realists. In the course of the discussion the writings of Alasdair MacIntyre, George Lindbeck and Stanley Hauerwas are examined. While sympathetic to many of the typical features of post-liberalism, the argument is critical at selected points in seeking to defend realism and accommodate some aspects of (...) liberalism. The position that emerges is more neo-Barthian than post-liberal. In maintaining the distinctiveness of Christian ethics and community, the book also seeks to acknowledge common moral ground held by those within and without the church. (shrink)

Critics of liberalism in the past two decades have argued that the fact that we are necessarily "situated" or "embedded" means that we can not always choose our own ends (for example, our conceptions of the good or our loyalties to others). Some suggest that we simply discover ourselves with these "connections." If correct, this would argue against (Rawlsian) hypothetical contract models and liberalism more broadly, make true impartiality impossible, and give support to traditionalist views like those of Alasdair MacIntyre, (...) Charles Taylor, and Michael Sandel. These same critics argue that liberalism's rejection or neglect of this supposed fact of our moral life has pernicious anti-social affects. I argue that the critics are wrong in both cases, defending what I call "strong voluntarism." In contrast both to recent critics of liberalism and the dominant trend in recent liberal thought, my defense of strong voluntarism allows that we can always choose to accept or reject any end we happen to have but that this does not lead to any pernicious anti-social effects. (shrink)

In this article I compare and, especially, contrast Aristotle’s conception of virtue with one typical of sub-Saharan philosophers. I point out that the latter is strictly other-regarding, and specifically communitarian, and contend that the former, while including such elements, also includes some self-regarding or individualist virtues, such as temperance and knowledge. I also argue that Aristotle’s conception of human excellence is more attractive than the sub-Saharan view as a complete account of how to live, but that the African conception is (...) a strong contender for a limited group of the most important virtues related to morality qua rightness. (shrink)

There is a lack of writing on the issue of the education rights of people with disabilities by authors of any theoretical persuasion. While the deficiency of theory may be explained by a variety of historical, philosophical and practical considerations, it is a deficiency which must be addressed. Otherwise, any statement of rights rings out as hollow rhetoric unsupported by sound reason and moral rectitude. This paper attempts to address this deficiency in education rights theory by postulating a communitarian theory (...) of the education rights of people with disabilities. The theory is developed from communitarian writings on the role of education in democratic society. The communitarian school, like the community within which it nests, is inclusive. Schools both reflect and model the shape of communitarian society and have primary responsibility for teaching the knowledge and virtues which will allow citizens to belong to and function within society. Communitarians emphasise responsibilities, however, as the corollary of rights and may require the individual good to yield to the community good when the hard cases arise. The article not only explains the basis of the right to an inclusive education, therefore, but also engages with the difficult issue of when such a right may not be enforceable. (shrink)

Manuel Herrera Gómez es Profesor Titular de Sociología de la Universidad de Granada (1998). Sus publicaciones más recientes son Las políticas sociales en las sociedades complejas (2003), Sociedades complejas (2004), Metateoría de las Ciencias Sociales (2005), La cultura de la sociedad en Talcott Parsons (2005) y Teorías y métodos de planificación social (2005). También ha coordinado las obras Administración Pública y Estado de Bienestar (2004) y Teorías sociológicas de la acción (2005). En las últimas décadas se ha desarrollado un intenso (...) debate que contrapone a los defensores de un modelo liberal de sociedad y a los que apuestan por un modelo comunitario. Bajo el manto liberal se engloban todas aquellas teorías políticas cuyo objetivo es buscar procedimientos, universalmente compartidos, de agregación de los intereses individuales. Por su parte, en el bando comunitarista, nos encontramos aquellos planteamientos -cuyo denominador común es una crítica a toda visión puramente procedimentalista de la filosofía pública-, que consideran que sólo se posee una comunidad política cuando se recurre a un patrimonio común de contenidos, valores y tradiciones, en el que todos los miembros de la comunidad se sienten radicados. En esta obra se presenta un análisis detallado de los protagonistas y de las etapas de este debate, proponiendo como conclusión un modelo de sociedad que pretende dar respuesta tanto a las instancias radicadas en el modelo procedimental como a las presentes en el modelo comunitario. (shrink)

Following are two short contributions to the book, _Criminal Law Conversations_: commentaries on Paul Robinson's discussion of "Empirical Desert" and Antony Duff & Sandra Marshal's discussion of the sharing of wrongs.

Philosophers have tended to dismiss John Stuart Mill’s claim that ‘all silencing of discussion is an assumption of infallibility’. I argue that Mill’s ‘infallibility claim’ is indeed open to many objections, but that, contrary to the consensus, those objections fail to defeat the anti-authoritarian thesis which lies at its core. I then argue that Mill’s consequentialist case for the liberty of thought and discussion is likewise capable of withstanding some familiar objections. My purpose is to suggest that Mill’s anti-authoritarianism and (...) his faith in thought and discussion, when taken seriously, supply the basis for a ‘public interest’ account of ‘freedom of expression as the liberty of thought and discussion’ which is faithful to Mill in spirit, if not to the precise letter. I outline such an account, which – as I say in conclusion – can serve as a valuable safeguard against ad hoc, reactive legislation, and the demands of a spurious communitarianism. (shrink)

This interdisciplinary paper identifies principles of an affluent country (im)migration policy that avoids: (1) the positivist inclusion/exclusion mechanism of liberalism and communitarianism; and (2) the idealism of most cosmopolitan (im)migration theories. First, I: (a) critique the failure of liberalism and communitarianism to consider (im)migration under distributive justice; and (b) present cosmopolitan (im)migration approaches as a promising alternative. This paper’s central claim is that cosmopolitan (im)migration theory can determine normative shortcomings in (im)migration policy by coupling elements of Frankfurt School (...) methodology to case studies of (im)migration regimes. Lastly, I apply this analytical procedure to recent special changes in Spanish and UK immigration law. (shrink)

This paper explores the meaning of social justice and development in post-apartheid South Africa. It begins with social justice as a process of equalisation, presenting some evidence of the challenge and explaining the difficulty of achieving racial equality. Recognition of changes in national development strategy in the post-apartheid era, and their implications for inequality, leads to discussion of alternative development ethics, which involves reconsideration of what stands for the good life. The possibility of a combination of traditional African (...) communitarianism and the ethic of care is explored, as a basis for an alternative conception of the good. Some impediments to the realisation of such a vision are identified. (shrink)