Rawls ‘s political liberalism abandons the traditional political‐theory objective of providing a philosophical account of liberal democracy. However, Rawls also aims for a liberal political order endorsed by citizens on grounds deeper than what he calls a “modus vivendi” compromise; he contends that a liberal political order based upon a modus vivendi is unstable. The aspiration for a pluralist and “freestanding” liberalism is at odds with the goal of a liberalism endorsed as something deeper than a modus vivendi compromise among (...) competing comprehensive doctrines. A liberalism that is supported “for its own sake” rather than as a compromise must necessarily be based on some conception of the good, of the sort that political liberalism eschews. (shrink)

In this article I argue that Part II of the Family LawAct 1996 gives expression to a new form ofresponsibility. I begin by suggesting thatresponsible behaviour has shifted from prohibiting orrequiring particular actions: we now exhibitresponsibility by our attitude towards our actions. I then examine where this new conception ofresponsibility has come from. Through an examinationof the work of post-liberal theorists, principallyMichael Sandel, I argue that a changing view ofpersonhood within post-liberal theory has led to aquestioning of the possibility of (...) choice, and that theabsence of choice necessitates a shift in thedefinition of responsible behaviour. If we are createdby our decisions then we cannot be held to account forour decisions, but only for the care we have takenover them. Responsibility is therefore measured notby our level of self-control but by our level ofself-awareness. Finally I examine the consequences ofthis shift in the meaning of responsibility. Withinthis framework autonomy is illusory thereforedecisions do not need to be respected. This explainswhy the implementation of Part II of the Family LawAct 1996 has been called into question. Within thisframework responsibility is relative therefore itextends indefinitely. This enables the Family Law Actto be uniquely intrusive and judgmental: everydivorcing couple, on being held up to scrutiny, isfound lacking. (shrink)

Conceptions of citizenship which rest on an abstract and universal notion of the individual founder on their inability to recognize the political relevance of gender. Such conceptions, because their ‘gender-neutrality’ has the effect of excluding women, are not helpful to the project of promoting the full citizenship of women. The question of citizenship is often reduced to either political citizenship, in terms of an instrumental notion of political participation, or social citizenship, in terms of an instrumental notion of economic (in)dependence. (...) The paper argues for the recognition of citizenship as gendered, and as an ethical, that is non-instrumental, social status which is distinct from both political participation and economic (in)dependence. What unites us as citizens, in our equal membership of the political community, need not rely on a conception of us as ‘neutral’ (abstract, universalized, genderless) individuals undertaking one specific activity located in the public realm, but can take account of the diverse ways in which we engage in ethically-grounded activities on the basis of our different genders, ethnic and cultural backgrounds and other differences, in both the public and private realms. A convincing feminist conception of citizenship necessarily involves a radical redefinition of the public/private distinction to accommodate the recognition of citizenship practices in the private realm. The paper builds on the observation that the concept of ‘citizenship’ is broader than the concept of ‘the political’ (or ‘the social/economic’), and contends that feminism provides us with the emancipatory potential of gendered subjectivity, which applies to both men and women. The recognition of gendered subjectivity opens the way to the recognition of the diversity of citizenship practices. It is not that women need to be liberated from the private realm, in order to take part in the public realm as equal citizens, but that women – and men – already undertake responsibilities of citizenship in both the public and the private realms. (shrink)

In his book, World Poverty and Human Rights, Pogge sets out to articulate an approach to basic justice that is inversal and cosmopolitan. This notion of justice is to be articulated through the language of human rights. Pogge’s arguments about justice, moral universalism and cosmopolitanism are impressive and reward serious study. It is to be hoped. indeed, that many aspects of his argument might be adopted by the elite ruling classes of world politics; they have much to offer in the (...) project of creating a world that is humane for all. The issues that I have raised in the foregoing argument however are central to the integrity of Pogge’s project. I have argued, in sum that it is not possible to advance a program for the expansion of justice and the implementation of human rights in world politics without making an appeal to a specific account of the nature of justice and of human rights. The account that informs Pogge’s argument is that of political liberalism, and this is an account that has much in its favor as a preferred vehicle for justice in world politics. However, this account makes itself vulnerable when it argues for universal principles without acknowledging their partisan and normative base. My argument has been that this issue is at the center of Pogge’s attempt to isolate the conception of human rights he explicates, which he wants to serve as the language for his global ethical universalism, from the ontological affirmations which make that conception of human rights possible, and which of necessity tie human rights to a specific conception of the nature of the good for human persons and groups. The attempt to establish a single, universal criterion of justice, and to express it in the language of human rights, is undermined from within for as long as it fails to engage with ontological concerns. (shrink)

Current scholarship has focused on analyzing how Arendt's storytelling corresponds to her political arguments. In following up this discussion, I offer a closer examination of the unusual myth Arendt uses to explain the condition of the modern age, a myth she refers to as the ?political nature of history.? I employ literary terms along with the standard vocabulary of political theory in shaping this reading of Arendt. Following Robert C. Pirro, I also consider Arendt's story as a tragedy, but in (...) the broadest sense, that of a collision of two goods, freedom and security. By describing Arendt's thought in this manner, I hope to reveal another way in which Arendt represents the call to action that she believes so crucial to humanity, as a summons to we flawed antiheroes through the device of a heroic myth. (shrink)

This essay argues that to understand Dewey's vision of democracy as “epistemic” requires consideration of how experiential and communal aspects of inquiry together produce what is named here “pragmatic objectivity.” Such pragmatic objectivity provides an alternative to absolutism and self-interested relativism by appealing to certain norms of empirical experimentation. Pragmatic objectivity, it is then argued, can be justified by appeal to Dewey's conception of primary experience. This justification, however, is not without its own complications, which are highlighted with objections regarding (...) “radical pluralism” in political life, and some logical problems that arise due to the supposedly “ineffable” nature of primary experience. The essay concludes by admitting that while Dewey's theory of democracy based on experience cannot answer all of the objections argumentatively, it nevertheless provides potent suggestions for how consensus building can proceed without such philosophical arguments. (shrink)

Since current water governance patterns mandate cooperation and partnership within and between the actors in the hydrosystems, supplementary models are necessary to distinguish the roles and the rules of indoor actions which is why we extend a theory in the frameworks of philosophy of technology. This analysis is empirically grounded on the problematic hydrosystems of a river in central Iran, Zayandehrud. Following a modernist-holistic-based analysis, it illustrates how values in the water apportionment mechanisms are being reshaped. The article by using (...) the theory of normative practice has scrutinised the tasks and the rules of the old and new water-management systems, Mirab. Subsequently according to such philosophical theory, it has argued that the conflicts over the cases are due to interference of structural and directional norms within them. (shrink)

Richard Rorty has devised a highly distinctive strategy for resisting what Michel Foucault once denounced as “the blackmail of the Enlightenment,” according to which one is forced to take a stand either for or against it. Rorty distinguishes between the liberal political values of the Enlightenment, which he embraces “unflinchingly,” and its universal philosophical claims about truth, reason and nature, which he completely renounces. Rorty argues that Enlightenment values are not sustained by “Enlightenment” metaphysics, and can therefore survive the loss (...) of faith in those metaphysics. But Rorty implausibly believes that the scope and limits of his ironism can be restricted to realist metaphysics; he fails to qualify his views on the relationship of theory to practice in several decisive ways; and his “ethnocentric” defense of Enlightenment anti‐ethnocentrism is plagued by paradoxes and other problems. (shrink)

Is a policy of economic growth compatible with the neutrality of the State? Some liberals (Rawls, Dworkin, Ackerman, Larmore, Kymlicka) think so. I do not. I begin by explaining and discussing the different meanings of the neutrality thesis, then I show that, whatever meaning we give to the idea of neutrality, it is very difficult to argue convincingly that a policy of economic growth does not favour some conceptions of the good.

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.

Ronald Dworkin, modern hukuk kavramsallaştırması içerisinde sivil itaatsizliği yeniden tanımlamıştır. Bu tanımın temel hareket noktası, modern hukuk kavrayışındaki hakim pozitivist bakış açısının eleştirisine dayanır. Bu eleştiri, hem sivil itaatsizliğin tanımına hem de onun adli anlamda yargılanmasına yeni bir bakış açısı getirmiştir. Bu çalışma, Ronald Dworkin’in sivil itaatsizliğe yönelik yeni bakış açısını incelerken, aynı zamanda sivil itaatsizliği, modern hukukun pozitivist yapısının liberal bir eleştirisi olarak okumanın imkanını arayacaktır.

La teoría de la justicia de Rawls ha sido acusada de estar edificada sobre supuestos individualistas. Quienes realizan estas críticas asumen que una sociedad que adopte los principios y las formas de justificación rawlsianos será intrínsecamente inhóspita a la vida asociativa, al desarrollo de lógicas de pertenencia comunitaria y a los discursos de corte identitario. Este artículo se pregunta si esta acusación está debidamente fundamentada. Para ello distingue cuatro maneras en las que una teoría de la justicia puede ser considerada (...) individualista. Estas cuatro maneras son llamadas: individualismo metodológico, individualismo ontológico, individualismo ético e individualismo político. Se sostiene que no hace falta ser un individualista metodológico para ser un “rawlsiano sustantivo”, aunque sí es necesario para ser un “rawlsiano metodológico”. Luego se afirma que ni el individualismo ontológico ni el individualismo ético forman parte de los supuestos de la teoría de Rawls, pero que el individualismo político está en el corazón mismo de su teoría. (shrink)