Governments today often apologize for past injustices and scholars increasingly debate the issue, with many calling for apologies and reparations. Others suggest that what matters are victims of injustice today, not injustices in the past. Spinner-Halev argues that the problem facing some peoples is not just the injustice of the past, but that they still suffer from injustice today. They experience what he calls enduring injustices, and it is likely that these will persist without action to address them. (...) The history of these injustices matters, not as a way to assign responsibility or because we need to remember more, but in order to understand the nature of the injustice and to help us think of possible ways to overcome it. Suggesting that enduring injustices fall outside the framework of liberal theory, Spinner-Halev spells out the implications of arguments for conceptions of liberal justice and progress, reparations, apologies, state legitimacy and post-nationalism. (shrink)

Liberal theorists often link autonomy and identity together, since, these liberals argue, an education that bestows a particular identity on children undermines their autonomy. The charge of schools ought to be to teach children to be open to a variety of identities. Encounters with diversity and cosmopolitanism are good, since they encourage students to think deeply about their own identity, while traditional religions and nationalism seek to impress a particular identity on students. This standard liberal account, echoed in some of (...) the essays in this book, underplays the ways in which education is a cultural practice like many others. Moreover, as other essays in this volume point out, there are good reasons to want aspects of a common culture to be transmitted in schools—in democratic states we want citizens to be able to understand one another, and to have some understanding of important historical events in the country’s history. Yet schools that teach an honest history of one’s country, and that teach about the country’s political principles, will impress upon students only a partially shared identity. That this identity be only partly shared is important: it allows for differences among students, differences that ought to be understood, at least to some extent. (shrink)

Groups around the world are increasingly successful in maintaining or winning autonomy. However, what happens to individuals within the groups who find that their group discriminates against them? This volume brings together sixteen distinguished scholars who examine the balance between group autonomy and individual rights in relation to conflicts involving gender, religion, culture, and indigenous rights in the national and international sphere.

Advocates of remedying historical injustices urge political communities to take responsibility for their past, but their arguments are ambiguous about whether all past injustices need remedy, or just those regarding groups that suffer from current injustice. This ambiguity leaves unanswered the challenge of critics who argue that contemporary injustices matter, not those in the past. I argue instead for a focus on injustices that have roots in the past, and continue to the present day, what I call enduring injustice. Instead (...) of focusing on finding the party responsible for the injustice, I argue that we use history to help us understand why some injustices endure, which I suggest is partly due to the limitations of liberal justice. I conclude with a conception of responsibility for repairing enduring injustice that deemphasizes searching for the causal agent, and instead focuses on how to repair the injustice, which I explain through an expansive conception of shared space. (shrink)

The Protestant conception of religion as a private matter of conscience organized into voluntary associations informed early liberalism's conception of religion and of religious toleration, assumptions that are still present in contemporary liberalism. In many other religions, however, including Hinduism (the main though not only focus of this article), practice has a much larger role than conscience. Hinduism is not a voluntary association, and the structure of its practices, some of which are inegalitarian, makes exit very difficult. This makes liberal (...) religious toleration an awkward fit for Hinduism; granting religious toleration in India undermines equality and autonomy in severe ways. Yet Hinduism is not without its virtues, and has historically been what I call externally tolerant-it has been relatively tolerant of other religions. Liberal toleration, by contrast, is internally tolerant-it is tolerant of religions that fit the Protestant model, while its tolerance of others is considerably more qualified. I briefly speculate at the end of the article about how to combine these two models of toleration. (shrink)

Meet the Sorbs. They are a Slavic people in Germany who number around sixty thousand. They are not mistreated or oppressed by the German government. They live in two German states, but they are interspersed with other Germans. Do the Sorbs deserve special, group rights to help maintain their culture? The recent arguments of many theorists suggest that they do. Iris Marion Young has recently argued that all marginalized groups should have group rights. Avishai Margalit and Moshe Halbertal maintain that (...) all cultural groups have certain rights. Will Kymlicka suggests that all ‘societal cultures’ have group rights, which might include the Sorbs. (shrink)

Liberal theorists often link autonomy and identity together, since, these liberals argue, an education that bestows a particular identity on children undermines their autonomy. The charge of schools ought to be to teach children to be open to a variety of identities. Encounters with diversity and cosmopolitanism are good, since they encourage students to think deeply about their own identity, while traditional religions and nationalism seek to impress a particular identity on students. This standard liberal account, echoed in some of (...) the essays in this book, underplays the ways in which education is a cultural practice like many others. Moreover, as other essays in this volume point out, there are good reasons to want aspects of a common culture to be transmitted in schools—in democratic states we want citizens to be able to understand one another, and to have some understanding of important historical events in the country's history. Yet schools that teach an honest history of one's country, and that teach about the country's political principles, will impress upon students only a partially shared identity. That this identity be only partly shared is important: it allows for differences among students, differences that ought to be understood, at least to some extent. (shrink)

Nili’s important book presents us with an intriguing idea in chapter five. If we see the liberal state as having integrity then that means certain kinds of policies should be prioritized by the state. I cast doubt on this argument by contending that the priorities of liberal integrity are either no different from liberal egalitarianism or are misguided. I also argue that history has little normative force as Nili suggests.

Many of the most popular liberal arguments for cultural rights all note that the world is formed into groups. But in the attempt to universalise these arguments, it is too often assumed that the nation is the most important of these groups. This focus upon the nation ignores the many and varying bases of self?respect. It overlooks the fact that self?respect may be tied to many different kinds of groups. Further, most discussions of cultural rights are fuelled by the experience (...) of particular groups. Which groups depends on the theorist and issue at hand. The discussion may be sound for the particular group being discussed. But then many cultural rights theorists, in generalising from one case to others, may not have good reason to do so, leading into a mistaken universalism. The study of cultural rights arguments, with closer reference to the case studies that underpin them, should serve to limit illicit generalisation and to illuminate the true value of cultural rights arguments. (shrink)

I argue here against recent trends in liberal and feminist theory contending that the state should insist that religious groups internalize liberal justice and equality. Doing so dangerously ascribes too much power to the state, and threatens liberty and stability. I argue instead that the liberal state must balance different values. I begin by claiming that while Rawls worries that religious people want to impose their way of life on others, a more accurate concern is that of liberalism imposing its (...) way of life on religious conservatives. I also contend that Rawls’s concern about stability leads him wrongly to think that there must be widespread agreement on the principles of justice, which leads to considerable intrusion in conservative religions. This widespread agreement is unattainable; a better route to stability is through extensive agreement on decision making procedures. Feminist arguments are less concerned with stability, but share with Rawls the idea that private values should be congruent with public ones. I argue that doing so leads to unacceptable intrusions on liberty. Religious groups can be internally non-liberal as long as there is pluralism within the society, exit from groups is assured, and their members all receive a decent education. (shrink)

Defenders of Aboriginal rights such as James Tully have argued that members of majority populations should allow Aboriginal peoples to argue within their own preferred intellectual frameworks in seeking common moral ground. But how should non-Aboriginal academics react to claims that seem insufficiently critical or even incoherent? This essay argues that there are two reasons to be especially wary of attacking such errors given the historical injustices perpetrated by settler states against Aboriginal peoples. First, attempts to root out error will (...) often be misplaced, because they will fail to consider the full range of possible reasons for particular kinds of social practices. Second, such attempts will often have counterproductive social effects in disrupting conversations and prolonging Aboriginal alienation. This essay thus argues that non-Aboriginal academics should be willing to exercise considerable self-restraint toward apparent intellectual errors, because such a strategy will be most conducive to realizing justice over the long term. (shrink)

This chapter contains sections titled: Introduction: The Liberal Reliance on Autonomy Autonomy: A Working Definition What is Wrong with Autonomy? An Alternative Option: A Liberalism of Conscience Four Objections to the Argument Conclusion Notes References.

We often evaluate belief-forming processes, agents, or entire belief states for reliability. This is normally done with the assumption that beliefs are all-or-nothing. How does such evaluation go when we’re considering beliefs that come in degrees? I consider a natural answer to this question that focuses on the degree of truth-possession had by a set of beliefs. I argue that this natural proposal is inadequate, but for an interesting reason. When we are dealing with all-or-nothing belief, high reliability leads to (...) high levels of truth-possession. However, when it comes to degrees of belief, reliability and truth-possession part ways. The natural answer thus fails to be a good way to evaluate degrees of belief for reliability. I propose and develop an alternative method based on the notion of calibration, suggested by Frank Ramsey, which does not have this problem and consider why we should care about such assessments of reliability even if they are not tied directly to truth-possession. (shrink)

This book provides an original and provocative combination of ethnomethodological analysis and the concepts of linguistic philosophy with a breadth and clarity unusual in this field of writing. It is designed to be read by sociologists, psychologists and philosophers and concerns itself with the contributions of Wittgenstein, defending the claim for his relevance to the human sciences. However, this book goes some way beyond the usual limitations of such interdisciplinary works by outlining some empirical applications of ideas derived from the (...) Wittgenstein tradition. (shrink)

Punishment as part of modern criminal law theory -- General purposes of punishment -- General considerations of punishment -- General structure of doctrinal sentencing -- Physical punishments -- Economic punishments.

I argue that Husserlian phenomenology is metaphysically neutral, in the sense of being compatible with multiple metaphysical frameworks. For example, though Husserl dismisses the concept of an unknowable thing in itself as “material nonsense”, I argue that the concept is coherent and that the existence of such things is compatible with Husserl’s phenomenology. I defend this metaphysical neutrality approach against a number of objections and consider some of its implications for Husserl interpretation.

A comprehensive study of the ethics of killing in cases in which the metaphysical or moral status of the individual killed is uncertain or controversial. Among those beings whose status is questionable or marginal in this way are human embryos and fetuses, newborn infants, animals, anencephalic infants, human beings with severe congenital and cognitive impairments, and human beings who have become severely demented or irreversibly comatose. In an effort to understand the moral status of these beings, this book develops and (...) defends distinctive accounts of the nature of personal identity, the evaluation of death, and the wrongness of killing. The central metaphysical claim of the book is that we are neither nonmaterial souls nor human organisms but are instead embodied minds. In ethical theory, one of the central claims is that the morality of killing is not unitary; rather, the principles that determine the morality of killing in marginal cases are different from those that govern the killing of persons who are self‐conscious and rational. Another important theme is that killing in marginal cases should be evaluated in terms of the impact it would have on the victim at the time rather than on the value of the victim's life as a whole. What primarily matters is how killing would affect that which would be rational for the victim to care about at the time of death. By appealing to various foundational claims about identity, death, and the morality of killing, this book yields novel conclusions about such issues as abortion, prenatal injury, infanticide, the killing of animals, the significance of brain death, the termination of life support in cases of persistent vegetative state, the use of anencephalic infants as sources of organs for transplantation, euthanasia, assisted suicide, and advance directives in cases of dementia. In particular, the book defends the moral permissibility of abortion, infanticide, and euthanasia in certain cases and argues that brain death is not the appropriate criterion of death either for a person or a human organism. (shrink)

An important issue in epistemology concerns the source of epistemic normativity. Epistemic consequentialism maintains that epistemic norms are genuine norms in virtue of the way in which they are conducive to epistemic value, whatever epistemic value may be. So, for example, the epistemic consequentialist might say that it is a norm that beliefs should be consistent, in that holding consistent beliefs is the best way to achieve the epistemic value of accuracy. Thus epistemic consequentialism is structurally similar to the family (...) of consequentialist views in ethics. Recently, philosophers from both formal epistemology and traditional epistemology have shown interest in such a view. In formal epistemology, there has been particular interest in thinking of epistemology as a kind of decision theory where instead of maximizing expected utility one maximizes expected epistemic utility. In traditional epistemology, there has been particular interest in various forms of reliabilism about justification and whether such views are analogous to—and so face similar problems to—versions of consequentialism in ethics. This volume presents some of the most recent work on these topics as well as others related to epistemic consequentialism, by authors that are sympathetic to the view and those who are critical of it. (shrink)

Although debate is a richly structured and prevalent form of discourse, it has received little scholarly attention. Logicians have focused on the structure of individual arguments-how they divide into premises and conclusions, which in turn divide into various constituents. In contrast, I focus on the structure of sets of arguments, showing how arguments are themselves constituents in high-level dialectical structures. I represent debates and positions by graphs whose vertices correspond to arguments and whose edges correspond to two inter-argument relations: "dispute" (...) and "support," respectively. On this basis I develop a theory of the structure of debate. (shrink)

Theories of the structure of affect make competing predictions about whether people can feel happy and sad at the same time. Considerable evidence that happiness and sadness can co-occur has accumulated in the past 15 years, but holes in the case remain. I describe those holes and suggest strategies for testing them in future research. I also explore the possibility that the case may never be closed, in part because the competing hypotheses may not be entirely falsifiable. Fortunately, hypotheses need (...) not be falsifiable to be useful. Research on mixed emotions has been generative and the body of research will continue to shed light on the structure of affect. (shrink)

This is the second in a series of two papers by the same author on organisational values. The first paper, in the previous issue of Philosophy of Management,1 showed how senior managers interpret texts to constitute organisational values. The research showed that organisational values are constituted through three hermeneutic circles — fragmentation/integration, conceptuality/contextuality and temporality — that provide an integrated medium for interpreting values. The three hermeneutic circles are mediated by a fourth: the tropological circle, where metaphor and homonymy fuse (...) horizons, and synecdoche and metonymy relate parts and whole. Both texts and tropes mediate the transvaluation of organisational values across time. The first paper reported the findings and built a theoretical framework, while this second paper builds on the theoretical and empirical work to consider the implications for management practice. (shrink)

A range of stakeholders are interested in organisational values, with demands from consumers, trade unions and pressure groups. Organisations face the challenge of integrating employees from several cultures and overcoming value differences. Coupled with this emphasis on organisational values there is increasing interest in the role of discourse in constituting meaning. This research shows how texts constitute organisational values. Hermeneutics is used to analyse the texts of the Open University and UK FTSE4good companies. The research shows that organisational values are (...) constituted through three hermeneutic circles — fragmentation/integration, conceptuality/contextuality and temporality — that provide an integrated medium for interpreting values. The three hermeneutic circles are mediated by a fourth: the tropological circle, where metaphor and homonymy fuse horizons, and synecdoche and metonymy relate parts and whole. Both texts and tropes mediate the transvaluation of organisational values across time. In recontextualising its values the organisation becomes a metaphor of itself. (shrink)

Aron Gurwitsch’s Gestalt-inspired “field theory of consciousness” was introduced in the same period as Wolfgang Köhler’s theory of “electrical brain fields.” I consider parallels between these theories, drawing on results that have emerged in the last five years. First, I consider the claim that fields of consciousness supervene on electromagnetic fields in the brain, then I outline Gurwitsch’s field theory of consciousness, and finally I consider how the structures described by Gurwitsch might relate to structures in the brain’s electro-magnetic field. (...) Along the way, I expose a dogma (that qualia are paradigmatic conscious states) and develop an interpretation of Gurwitsch’s field theory. (shrink)

This paper proposes that, in many cases, conversational norms permit gaslighting when socially subordinate speakers report systemic injustice. Section 1 introduces gaslighting and the kinds of cases on which I focus—namely, cases in which multiple people gaslight. I give examples and statistics to suggest that these cases are common in response to reports of race- or gender-based injustice; and I appeal to scholarship on epistemologies of ignorance to suggest that this kind of gaslighting is common because it is systematically produced (...) by dominant epistemic systems. Section 2 draws on Lynne Tirrell’s account of language games that’ve been influenced by oppression to make the case that conversational norms make gaslighting “appropriate” when socially subordinate speakers report systemic injustice. Together, these points make the case that the kind of gaslighting discussed in this paper (i) occurs systematically and (ii) is mutually reinforcing with systems of ignorance. The discussion is meant to help us understand and address the conditions that make gaslighting commonplace. If it’s true that gaslighting occurs systematically in part thanks to our warped conversational norms, then we may be able to mitigate the prevalence of gaslighting by attending to these norms. (shrink)