European constitutional traditions share a commitment to freedom of conscience and religion, but differ on their interpretation of whether such freedoms do or do not require a clear cut separation of state and church. Weiler has advocated that the writing of a Constitution for the European Union is a very apt moment to reconsider the conceptualization of freedom of conscience and religion. On constitutional and historical grounds, he has advocated that a reference to Christian values should be made in the (...) preamble of the European fundamental law, and that this will be the alternative most respectful to the pluralistic national solutions, ranging from republican non-confessionality to the establishment of an official church. But contrary to what Weiler argues, the drafting of the constitution of the European Union is not bound by the present shape of European constitutional traditions; moreover, it is hard to conclude that the present common constitutional traditions require an explicit reference to Christianity to be included in the text. Furthermore, the claim that the individual and collective identities of Europeans are unavoidably shaped by Christian values is only tenable if we uphold a rather simplistic relation between history, memory, and identity. Finally, once one moves from law and history to practical reasoning, one finds that there are good substantive reasons why our collective identity should not contain reference to Christian values. (shrink)

Pragmatist reinterpretations of both deliberative‐communicative theory and legal positivism point out the mentalist fallacy entailed by these prevalent models. I argue that pragmatist approaches imply analogous erroneous beliefs since they presuppose as given the shared perception of social contexts. Therefore they take for granted the shared interpretation of social problems and shared selection of common goals. Hence I advance the necessity of inquiring into the possibility conditions for a shared perception of social contexts. This would entail the organization of institutional (...) incentives meant to extend the scope and inclusiveness of the immediate perception of social context expressed by different agents. (shrink)

In diesem Beitrag argumentieren wir, dass eine umfassende Implementierung sogenannter Nudges weitreichende Auswirkungen für rechtliche und politische Institutionen hat. Die wissenschaftliche Diskussion zu Nudges ist derzeit hauptsächlich von philosophischen Theorien geprägt, die im Kern einen individualistischen Ansatz vertreten. Unsere Analyse bezieht sich auf die Art und Weise, in der sich Anhänger des Nudging neuster Erkenntnisse aus den Verhaltenswissenschaften bedienen – immer in der Absicht, diese für effektives Regieren einzusetzen. Wir unterstreichen, dass die meisten Nudges, die derzeit entweder diskutiert werden oder (...) bereits implementiert sind, nicht Teil eines Rechtssystems sind und keinen normativen Charakter haben. Dazu unterscheiden wir zwischen zwei Idealtypen, um menschliches Verhalten zu beeinflussen, die wir als normativ bzw. instrumentell bezeichnen. Diese Idealtypen stehen für verschiedene Weisen, in denen öffentliche Regeln strukturiert werden können; sie erlauben uns, die institutionellen Implikationen von Nudges zu verstehen und zu bewerten. Hier betonen wir den Wert des Rechts als Absicherung gegenüber den möglichen schädlichen Konsequenzen von in der Politik und Regierungsführung eingesetzten Nudges. Unser Beitrag schließt mit Reaktionen auf einige Einwände, die unsere Vorschläge bereits erhalten haben. (shrink)

This article focuses on the impact of globalization on international law and the discourse of sovereignty. It challenges the claim that we have entered into a new world order characterized by transnational governance and decentered global law, which have replaced “traditional” international law and rendered the concepts of state sovereignty and international society anachronistic. We are indeed in the presence of something new. But if we drop the concept of sovereignty and buy into the idea that transnational governance has upstaged (...) international treaty organizations, we will misconstrue the nature of contemporary international society and the political choices facing us. In the contemporary context where there is a powerful imperial project afoot (on the part of the United States) that seeks to develop a useful version of global (cosmopolitan) right to justify its self-interested interventions, proposals to abandon the default position of sovereignty and its corollary, the principle of nonintervention in international law, are both premature and dangerous. Instead, we should rethink the normative dimensions of the concept of sovereignty in light of the new principle of sovereign equality articulated in the UN Charter, and show how it can complement cosmopolitan principles such as human rights and collective security. The task is to strengthen, not abandon, international law and supranational institutions, and to foster a global rule of law that protects both the sovereign equality of states, based on a revised conception of sovereignty, and human rights. (shrink)

In a democracy, when a group of deliberators have a set of differing (and contrary) views and beliefs about a particular policy or action, p, a recommended course of action is for them to pursue, and ultimately reach, a consensus on p. The pursuit of consensus allows deliberators to ‘reach over the aisle’ in accommodating dissenting views through rational dialogue until a consensual agreement is reached by all the deliberators. What fuels this pursuit of consensus is the ‘will to consensus’—a (...) ‘frame of mind’ or a ‘disposition’ to resolve disagreements into a consensus. In this paper, I will raise some conceptual problems with positing a ‘will to consensus’ that is prior to, and supervenes on, the rational discussion of deliberators. Instead of a ‘will to consensus’, democratic theorists should be content with the minimal claim of a ‘will to dialogue’. (shrink)

There must be few philosophical projects more serious than Jürgen Habermas’s lifelong effort to realize the lofty universalist ambitions of the Enlightenment in his communicative theory of rational discourse and deliberative democracy.

In recent years there has been growing scholarly interest in the relationship between bioethics and human rights. The majority of this work has proposed that the normative and institutional frameworks of human rights can usefully be employed to address those bioethical controversies that have a global reach: in particular, to the genetic modification of human beings, and to the issue of access to healthcare. In response, a number of critics have urged for a degree of caution about applying human rights (...) to such controversies. In particular, they have claimed that human rights have unresolved distributive and foundational problems. Interestingly, however, some of these critics have gone on to suggest that it might be possible to draw on certain bioethical insights to remedy these problems with human rights. This paper evaluates these recent attempts to apply insights from bioethics to the theory and practice of human rights. It argues that while these insights do not constitute an entirely new and original contribution to human rights thinking, they do force human rights scholars and campaigners to reflect on some key issues. First of all, they force us to question the prevalent idea that human rights are always ‘inviolable trumps’. Secondly, they demand that we pay close attention to the ‘fairness’ of the institutions we charge with determining our concrete rights. And finally, and perhaps most radically, these insights challenge the notion that human rights are held exclusively by members of the human species. (shrink)

In this article I argue that Jürgen Habermas’ notion of morality (moral norms) has more in common with Hegel’s notion of ‘ethical life’ as a ‘ sittlich ’ relation – understood as a socially integrative force – rather than Kant’s supreme principle of personal morality. I show that Habermas and Hegel, each in his own way, make a distinction between morality and ethics. However, I make the case that Habermas’ conception of ‘morality’ incorporates aspects of Hegel’s notion of ‘ethical life’, (...) while Habermas’ conception of ‘ethical’ – referring to individual and group conceptions of the good life – is a remedy to the shortcomings in Hegel’s overly unified ethical life. I offer an alternative reading of Habermas’ principle of morality, which I suggest should be read as his attempt to provide a binding process to set up the norms that ought to condition a modern political community understood as a civil association. (shrink)

Exploring the apparent tension between Foucault’s analyses of technologies of domination – the ways in which the subject is constituted by power–knowledge relations – and of technologies of the self – the ways in which individuals constitute themselves through practices of freedom – this article endeavors to makes two points: first, the interpretive claim that Foucault’s own attempts to analyse both aspects of the politics of our selves are neither contradictory nor incoherent; and, second, the constructive claim that Foucault’s analysis (...) of the politics of our selves, though not entirely satisfactory as it stands, provides important resources for the project of critical social theory. (shrink)

Theories of deliberative democracy maintain that outcomes of democratic deliberation are fairer than outcomes of mere aggregation of preferences. Theorists of impartial justice, especially Rawls and Sen, emphasize the role of deliberative processes for making just decisions. Democratic deliberation seems therefore to provide a model of impartial decision-making applicable in the real world. However, various types of cognitive and affective biases limit individual capacity to see things from others’ perspectives. In this paper, two strategies of enhancing impartiality in real world (...) decision-making are discussed. The first involves decision-making processes which detach decision-makers from their particular interests, whereas the second aims to enhance the quality of democratic deliberation and empathetic reasoning. We conclude that new forms of democratic deliberation may be necessary if we hold on to the aspiration of making decisions which are both democratic and impartial. (shrink)

This article presents a normative‐theoretical account of democratic legitimacy that meets the challenge of moral and cultural pluralism in a way that takes the avoidance of oppression and violence to be a fundamental imperative. The discourse‐theoretical perspective of jürgen Habermas reveals that reasoned agreement among citizens is the only alternative to political oppression. Pace Habermas, however, the legitimacy of even basic constitutional principles does not require us to agree with one another for the same reasons. While we can affirm such (...) principles for a wide range of different reasons, the process of achieving reasoned agreements on contentious issues draws us together as citizens in loyalty to a particular, historical set of political institutions. The reasoned commitment to our constitution that we come to share in this ongoing process acts as an identity‐forming bond that allows us to live in peace with deep moral and cultural differences. (shrink)

(2001). The rule of law and the rule of persons. Critical Review of International Social and Political Philosophy: Vol. 4, Trusting in Reason: Martin Hollis and the Philosophy of Social Action, pp. 221-251.

Public deliberation has been defended as a rational and noncoercive way to overcome paradoxical results from democratic voting, by promoting consensus on the available alternatives on the political agenda. Some critics have argued that full consensus is too demanding and inimical to pluralism and have pointed out that single-peakedness, a much less stringent condition, is sufficient to overcome voting paradoxes. According to these accounts, deliberation can induce single-peakedness through the creation of a ‘meta-agreement’, that is, agreement on the dimension according (...) to which the issues at stake are ‘conceptualized’. We argue here that once all the conditions needed for deliberation to bring about single-peakedness through meta-agreement are unpacked and made explicit, meta-agreement turns out to be a highly demanding condition, and one that is very inhospitable to pluralism. (shrink)

The Rawls–Habermas debate is having a revival. In this article I argue that both philosophers develop different freestanding conceptions of political legitimacy, and show how they diverge when it comes to how political legitimacy can be justified. Habermas is looking for a deeper justification than Rawls will allow for. I then proceed to show how the different meta-ethical positions yield two different versions of democratic theory, focusing in particular on rights and popular sovereignty. I demonstrate how both conceive of the (...) co-originality of private and public autonomy, and subsequently take issue with Habermas’ reading of Rawls. I argue that Rawls should not be understood as a natural rights theorist, that Habermas misunderstands the role of the original position, and that Rawls cannot be considered a strong constitutionalist. Thus, the real difference between Rawls and Habermas revolves around their different conceptions of political legitimacy. (shrink)

The primary purpose of government is to secure public goods that cannot be achieved by free markets. The Coordination Principle tells us to consolidate sovereign power in a single institution to overcome collective action problems that otherwise prevent secure provision of the relevant public goods. There are several public goods that require such coordination at the global level, chief among them being basic human rights. The claim that human rights require global coordination is supported in three main steps. First, I (...) consider Pogge's and Habermas's analyses as alternatives to Hobbesian conceptions of justice. Second, I consider the core conventions of international law, which are in tension with the primacy of state sovereignty in the UN system. Third, I argue that the just war tradition does not limit just causes for war to self-defense; it supports saving innocent third parties from crimes against humanity as a just reason for war. While classical authors focused less on this issue, the point is especially clear in twentieth-century just war theories, such as those offered by the American Catholic bishops, Jean Elshtain, Brian Orend, and Michael Walzer. Against Walzer, I argue that we add intractable military tyranny to the list of horrors meriting intervention if other ad bellum conditions are met. But these results require us to reexamine the "just authority" of first resort to govern such interventions. The Coordination Principle implies that we should create a transnational federation with consolidated powers in place of a treaty organization requiring near-unanimity. But to be legitimate, such a global institution must also be directly answerable to the citizens of its member states. While the UN Security Council is inadequate on both counts, a federation of democracies with a directly elected executive and legislature could meet both conditions. (shrink)

Modern democratic polities regularly operate at several political levels. In the case of the EU at the level of the member‐states and the EU itself, and in addition at federal, regional, and municipal levels. Is there any democratic rule to determine which level is more legitimate than the others? The article argues that from a majoritarian perspective there is none. Individual citizens may have quite different preferences with regard to the level that is of particular political importance for them. The (...) article critically analyses different concepts, from sovereignty to demos, subsidiarity, and the judicial review of competences, and tries to show that none of them can provide a solution to the dilemma. Instead, democratic theory has to assume that in the co‐evolutionary process of institutions and societies at different political levels, the question of the final say has to be left open. (shrink)

Deliberative democracy harbors a recurrent tension between full inclusion and intelligible speech. People with profound cognitive disabilities often signify this tension. While liberal deliberative theorists sacrifice inclusion for intelligibility, this exclusion is unnecessary. Instead, by analyzing deliberative locations that already include people with disabilities, I offer two ways to revise deliberative norms. First, the physical presence of disabled bodies expands the value of publicity in deliberative democracy, demonstrating that the publicity of bodies provokes new conversations similar to rational speech acts. (...) Second, the inclusion of people with profound disabilities necessitates a form of collaborative speech in which individuals make claims collaboratively. Habermas offers an ideal site to pursue this analysis because he recognizes the theoretical tension between inclusion and intelligibility and because his personal testimony reveals important insight into the lived experience of disability. (shrink)

Recently in this journal, Jessica Morley and colleagues (AI & SOC 2023 38:411–423) review AI ethics and education, suggesting that a cultural shift is necessary in order to prepare students for their responsibilities in developing technology infrastructure that should shape ways of life for many generations. Current AI ethics guidelines are abstract and difficult to implement as practical moral concerns proliferate. They call for improvements in ethics course design, focusing on real-world cases and perspective-taking tools to immerse students in challenging (...) situations with relatable personal, social and environmental implications. The present paper considers the ACTWith model of moral cognition for use in such training contexts. Morley and colleagues' paper and contemporary literature are reviewed. Whistleblowing as a source for relatable case studies is discussed, and the purpose of ethics education considered. The ACTWith model is introduced, and correlations with contemporaries noted. The ACTWith model has been successfully employed in a broad range of technology ethics courses in the Netherlands and South Korea. Illustrations are offered. Correlations with contemporary efforts are drawn in the context of software engineering. Summary discussion considers strengths and limitations of the ACTWith program. Overall, the paper emphasizes training high-level moral reasoning through guided inquiry education informing lifetime professional practice, and indicates an outstanding need for teachers able to do the job. (shrink)

In this article we frame a set of important issues in the emerging field of Mind, Brain, and Education in terms of three broad headings: methods, models, and morality. Under the heading of methods we suggest that the need for synthesis across scientific and practical disciplines entails the pursuit of usable knowledge via a catalytic symbiosis between theory, research, and practice. Under the heading of models the goal of producing usable knowledge should shape the construction of theories that provide comprehensive (...) accounts of human learning and development spanning multiple levels of analysis. Under the heading of morality usable knowledge must be put to good use: Its application and dissemination ought to be infused with moral considerations gleaned from dialogue among all those potentially affected. Generally, the field should be shaped not only by its constituent scientific disciplines but also by its applications to education and learning. Thus we argue for the adoption of a kind of pragmatism that would be best actualized by building research‐school collaborations between researchers and practitioners. (shrink)

This paper examines the potential role of deliberative democracy in constitutional processes of higher law-making, either for the founding of constitutions or for constitutional change. It defines deliberative democracy as the combination of political equality and deliberation and situates this form of democracy in contrast to a range of alternatives. It then considers two contrasting processes—elite deliberation and plebiscitary mass democracy (embodied in referenda) as approaches to higher law-making that employ deliberation without political equality or political equality without deliberation. It (...) finally turns to some institutional designs that might achieve both fundamental values at the same time, or in the process of realizing a sequence of choices. (shrink)

Using the example of contemporary Islamic fundamentalism, and especially the writings of Sayyid Qutb, this article raises questions about discourse ethics as a mode of conflict resolution. It appears that discourse ethics is only relevant when all parties have already agreed to settle disputes deliberatively and already share the notions of rational deliberation and individual autonomy. This raises questions not only about the capability of discourse ethics to incorporate a deep plurality of worldviews, but also about its capability to successfully (...) solve disputes. When confronting situations where the willingness to deliberate is absent, discourse ethics is left standing empty handed. This, I argue, is due to both the conceptual distinction between communicative action and strategic action, as well as the abstracted nature of Habermas's discourse ethics. (shrink)

Democratic innovations have been widely presented by both academics and practitioners as a potential remedy to the crisis of representative democracy. Many argue that deliberation should play a pivotal role in these innovations, fostering greater citizen participation and political influence. However, it remains unclear how digitalization affects the quality of deliberation—whether digital democratic innovations (DDIs) undermine or enhance deliberation. This paper takes an inductive approach in political theory to critically examine three features of online deliberation that matter for deliberative democracy: (...) scale, transparency, and the facilitation of equality. It argues that the enhancement of equality should be given special attention when designing and implementing deliberative DDIs. Equality is a basic democratic value that is crucial for the intrinsic quality of deliberation. One way of enhancing equality through digital deliberative practices is via AI facilitation, which can assist human facilitators and help mitigate power dynamics, often present in non-digital settings. (shrink)

InA Theory of Justice, Rawls claims that “to each according to his threat advantage is not a conception of justice.” Although it may indeed seem intuitively plausible that a principle based on “threat advantage” cannot count as a principle of justice, it is an altogether different matter to explain why this is so. The question is especially pressing if one bears in mind that such a principle of bargaining in fact underlies many institutionally regulated interactions. Moreover, to the extent that (...) morality is thought of as a mechanism for guaranteeing mutual advantage in the resolution of conflicts, it may indeed seem necessary that it reflect the bargaining power of the parties (in order to make sure that it is indeed advantageous for all of them). In fact, there is a prominent tradition of social-contract theories (from Hobbes to Gauthier) that work under this assumption and claim to provide an answer to what justice requires as much as Rawls's theory does. So seen, the burden of proof seems to fall rather on the shoulders of those committed to claim both that morality is a mechanism that works to the advantage of all and that it nevertheless requires neutralizing all differences in bargaining power. (shrink)

InA Theory of Justice, Rawls claims that “to each according to his threat advantage is not a conception of justice.” Although it may indeed seem intuitively plausible that a principle based on “threat advantage” cannot count as a principle of justice, it is an altogether different matter to explain why this is so. The question is especially pressing if one bears in mind that such a principle of bargaining in fact underlies many institutionally regulated interactions. Moreover, to the extent that (...) morality is thought of as a mechanism for guaranteeing mutual advantage in the resolution of conflicts, it may indeed seem necessary that it reflect the bargaining power of the parties (in order to make sure that it is indeed advantageous for all of them). In fact, there is a prominent tradition of social-contract theories (from Hobbes to Gauthier) that work under this assumption and claim to provide an answer to what justice requires as much as Rawls's theory does. So seen, the burden of proof seems to fall rather on the shoulders of those committed to claim both that morality is a mechanism that works to the advantage of all and that it nevertheless requires neutralizing all differences in bargaining power. (shrink)

A growing proportion of clinical research funded by pharmaceutical companies, high-income country research agencies, and not-for-profit funders is conducted in low- and middle-income settings. Disparities in wealth and access to healthcare between the populations where new interventions are often tested and those where many of them are ultimately marketed raise concerns about exploitation. This chapter examines several ethical requirements frequently advanced as mechanisms for protecting research subjects in underserved communities from exploitation and evaluates the effectiveness of those mechanisms as responses (...) to exploitation worries. It goes on to highlight where the conceptual frameworks relied upon by research ethicists must be improved if we are to fully understand the nature of the moral claims and obligations that arise in research conducted in underserved communities. (shrink)

The representative institutions of democratic government require the public sphere; but this in turn rests on the fellow‐feeling of citizens. In this article, I explore some recent ways of fleshing out Mill’s thought that patriotic fellow‐feeling is instrumental for a form of trust that the public sphere requires. Deliberation, argument and negotiation in the public sphere require a willingness to discuss, alter one’s position, compromise with others, and do so in good faith and in the belief that other participants are (...) broadly also taking part in the same fashion. Since politics is a realm in which interests and identities clash, we have at least a prima facie reason to worry that others may in fact not be trustworthy in the desired way. Some potential for distrust is inherent in political deliberation, since it presupposes that there is some important conflict or disagreement that needs to be overcome through discussion: in other words, that I cannot simply rely on others to further my interests for the right reasons, or at all. While trust seems inherently problematic, political dialogue in the public sphere seems to require it from those who take part. I look at four accounts of the basis of democratic trust, viz. the communitarian, the ‘societal culture’ account, the public culture account, and what is known as the ‘constitutional patriotism’ account. In outline, my argument is that all four accounts fail to explain the basis of trust in the democratic sphere. I conclude that sharing a national identity still leaves the politics of trust to be negotiated by the participants concerned. (shrink)

This paper explores three current notions of literacy, which underpin the theorisation and practice of teaching and learning for both children and adults in England. In so doing, it raises certain problems inherent in these approaches to literacy and literacy education and shows how Stanley Cavell's notions of reading, and especially his reading of Thoreau's Walden , help to construct a notion not of literacy, but of being literate. The paper takes four themes central to Cavell's work in his The (...) senses of Walden : awakening; estrangement and familiarity; conviction; and the obligation to read, and argues that these ideas offer an approach to language, and an understanding of reading in particular, that is different from current iterations of literacy. Such ideas, though alien to current - mainly empirical - work within literacy studies, have a resonance for literacy research and education today. (shrink)

Argumentation as the public exchange of reasons is widely thought to enhance deliberative interactions that generate and justify reasonable public policies. Adopting an argumentation-theoretic perspective, we survey the norms that should govern public argumentation and address some of the complexities that scholarly treatments have identified. Our focus is on norms associated with the ideals of correctness and participation as sources of a politically legitimate deliberative outcome. In principle, both ideals are mutually coherent. If the information needed for a correct deliberative (...) outcome is distributed among agents, then maximising participation increases information diversity. But both ideals can also be in tension. If participants lack competence or are prone to biases, a correct deliberative outcome requires limiting participation. The central question for public argumentation, therefore, is how to strike a balance between both ideals. Rather than advocating a preferred normative framework, our main purpose is to illustrate the complexity of this theme. (shrink)

The aim of the article is to develop precise epistemic rules for good public political arguments, by which political measures in the broad sense are justified. By means of a theory of deliberative democracy, it is substantiated that the justification of a political measure consists in showing argumentatively that this measure most promotes the common good or is morally optimal. It is then discussed which argumentation-theoretical approaches are suitable for providing epistemically sound rules for arguments for such theses and for (...) the associated premises, rules whose compliance implies the truth or acceptability of the thesis. Finally, on the basis of the most suitable approach, namely the epistemological one, such systems of rules for the required types of arguments are presented that fulfil the conditions mentioned. (shrink)

Business research and teaching institutions play an important role in shaping the way businesses perceive their relations to the broader society and its moral expectations. Hence, as ethical scandals recently arose in the business world, questions related to the civic responsibilities of business scholars and to the role business schools play in society have gained wider interest. In this article, I argue that these ethical shortcomings are at least partly resulting from the mainstream business model with its taken-for granted basic (...) assumptions such as specialization or the value-neutrality of business research. Redefining the roles and civic responsibilities of business scholars for business practice implies therefore a thorough analysis of these assumptions if not their redefinition. The taken-for-grantedness of the mainstream business model is questioned by the transformation of the societal context in which business activities are embedded. Its value-neutrality in turn is challenged by self-fulfilling prophecy effects, which highlight the normative influence of business schools. In order to critically discuss some basic assumptions of mainstream business theory, I propose to draw parallels with the corporate citizenship concept and the stakeholder theory. Their integrated approach of the relation between business practice and the broader society provides interesting insights for the social reembedding of business research and teaching. (shrink)

La tesis central de este trabajo es que la tradicional tensión entre substancia y procedimiento socava las estabilidad de la justificación de la concepción liberal más extendida de la legitimidad (la Democracia Deliberativa). Dicha concepciones enfrentan problemas serios a la hora de articular de manera consistente dos dimensiones que parecen ir naturalmente asociadas a la idea de legitimidad: la dimensión procedimental, vinculada a la equidad del procedimiento, y la dimensión epistémica, asociada a la corrección de los resultados. En este trabajo (...) sostengo que a) esa tensión surge de la adopción de una concepción epistemológica social de tipo "veritativo-consecuencialista; b) es posible manejar dicha tensión mediante el remplazo de la epistemología subyacente por una concepción epistemológica social de tipo procedimentalista de orientación pragmatista y c) dicha operación orienta el diseño institucional en una dirección experimentalista. (shrink)

This volume focuses on dialogue and argumentation in contexts which are marked by truculence and discord. The contributors include well known argumentation scholars who discuss the issues this raises from the point of view of a variety of disciplines and points of view. The authors seek to address theoretically challenging issues in a way that is relevant to both the theory and the practice of argument. The collection brings together selected essays from the 2006 11th Wake Forest University Biennial Argumentation (...) Conference held at Florida Atlantic University in Boca Raton, Florida and the 2012 14th Wake Forest University Biennial Argumentation Conference held at Casa Artom in Venice, Italy. (shrink)

What does social justice require in contemporary societies? What are the requirements of social democracy? Who and where are the individuals and groups that can carry forward agendas for progressive social transformation? What are we to make of the so-called new social movements of the last thirty years? Is identity politics compatible with egalitarianism? Can cultural misrecognition and economic maldistribution be fought simultaneously? What of the heritage of Western Marxism is alive and dead? And how is current critical social theory (...) to approach these and other questions? Much of the most productive work done in recent social theory has revolved around such issues, in particular, around those concerning the relationship between the politics of recognition and the politics of distribution. After the intense theoretical focus over the last fifteen years or so on the issues of recognition politics—multiculturalism, multi-nationalism, identity politics, group-differentiated rights, the accommodation of difference, and so on—some social theorists have worried that attention has been diverted from important issues of distributive equality—systematic impoverishment, increasing material inequality, ‘structural’ unemployment, the growth of oligarchic power, global economic segmentation, and so on. While some critics seem to have adopted a blunt ‘it’s the economy, stupid’ line of criticism,1 others have attempted to develop an overarching, integrative theoretical framework adequate to the diverse issues concerning both economic and cultural justice. For example, Axel Honneth proposes that a suitably developed and normatively robust theory of intersubjective recognition can adequately integrate an analysis of apparently diverse contemporary struggles: those for a just division of labor and hence, a fair distribution of resources and opportunities, as well as those for a culture free of identity-deforming disrespect and denigration. (shrink)

En el siglo XXI, y en especial durante la pandemia del Covid-19, eclosionó en Europa y América una oleada de ataques contra esculturas cuyo pasado revelaba colonialismo, racismo o explotación esclavista. Los ataques evidenciaban la persistencia de un patrimonio monumental que representaba símbolos de opresión y que cuestionaba la representación de los derechos humanos. Este estudio indaga sobre varios antecedentes históricos y casos actuales para analizar la naturaleza y motivos subyacentes a ese tipo de ataques vandálicos simbólicos.

Dans le monde de la recherche de la Chine contemporaine, il existe des points de vue représentatifs sur l’utopie du peuple. L’un est représenté par He Qing qui remet en question l’authenticité du concept de peuple en s’appuyant sur les opinions de certains chercheurs français, et le considère comme une utopie impossible, avant d’aller jusque dans la négation de la démocratie elle-même et l’approbation de l’idéal confucéen de gouverner pour le peuple. L’autre point de vue est incarné par Wang Shaoguang (...) qui, dans une série d’ouvrages et d’articles, prône une imagination parfaite du peuple à partir de l’idéal démocratique de gouverner par le peuple, et ainsi critique sévèrement la démocratie représentative occidentale comme une fausse démocratie ou une électocratie qui rejette le gouvernement par le peuple. Paradoxalement, bien que Wang Shaoguang et He Qing aient des prises de position catégoriquement opposées sur la question de savoir s’il faut soutenir la démocratie ou non, Wang finit par avoir une conception élitiste de la politique. Notre article vise donc à dresser un bilan de ces deux points de vue et de les analyser, en soulignant que l’origine de leur rejet de l’idéal démocratique repose sur une fausse imagination de l’utopie du peuple, où le peuple est considéré à tort comme une entité définie. Sur cette base, nous soutenons que l’utopie du peuple doit être reconstruite dans la perspective de l’indéfini afin de défendre une véritable démocratie. (shrink)

This article provides a brief selective overview and discussion of recent research into natural language argumentation that may inform the study of human reasoning on the assumption that an episode of argumentation issues an invitation to accept a corresponding inference. As this research shows, arguers typically seek to establish new consequences based on prior information. And they typically do so vis-à-vis a real or an imagined opponent, or an opponent-position, in ways that remain sensitive to considerations of context, audiences, and (...) goals. Deductively valid inferences remain a limiting case of such reasoning. In view of these insights, it may appear less surprising that allegedly “irrational” behavior can regularly be produced in experimental settings that expose subjects to standardized reasoning tasks. (shrink)

In order to be exercised meaningfully, political freedom requires the capacity to actually identify available policy options. To ensure this, society ought to engage in deliberation as a discussion oriented towards mutual learning. In order to highlight this issue, I define deliberation in terms of the participants’ openness to preference change, i.e. the deliberative stance. In the context of the systemic approach to deliberative theory, I find several factors causing the atrophy of such a deliberative stance. I note that this (...) state can occur not only when debaters are representatives or are in the presence of an audience, but also when they face the prospect of a binding decision. It is the latter effect that is a serious challenge to the micro-deliberative strategy, one that strives towards decisional powers being granted to deliberative minipublics. Presenting my findings, I propose—as an alternative to the power-oriented ‘ladder of participation’—a distinction between traditional co-decision and deliberative consultation, the latter one being an environment that is more conducive to deliberative stance. This new typology highlights factors that lead to preference petrification and allows for the appreciation of the non-decisional character of micro-deliberation. All of it leads to the conclusion that, in order to preserve their deliberative character in the systemic context, deliberative minipublics should not always be required to have decision-making powers. (shrink)

This research aims to explore the relationship between corporate governance and CSR: What are the major factors that play a direct role in the establishment of this relationship? How does context and institutional background impact upon the relationship between CSR and Governance? Using in-depth semi-structured interviews from two types of governance systems in three countries over three years, this study has demonstrated that in practice, within different settings, CSR is being used both as a strategy as well as a reaction (...) to different drivers. We call this adaptive governance where governance can be defined as a flexible system of action incorporating strategic and monitoring activities that determines the way a company enacts its responsibilities to its shareholders and stakeholders and which is determined at any given time by the interrelationship of institutional drivers and behavioural norms. Governance systems and their interrelationships with CSR are demonstrated as fluid according to the national and institutional context, economic situation and industry impact. In the eyes of practitioners corporate governance includes both structural and behavioural factors as well as responsibilities and actions towards shareholders and stakeholders. Contextual factors that this research highlights to be important to the incorporation of CSR into governance include the economic environment, national governance system, regulation and soft law, shareholders, national culture, behavioural norms and industry impacts. Hypotheses on the impact of institutional contexts, industry impacts and economic situations on different types of CSR actions are proposed for further research. (shrink)

Research concerned with human beings is always an interference of some kind, thus posing ethical dilemmas that need justification of procedures and methodologies. It is especially true in social work when facing mostly sensitive populations and sensitive issues. In the process of conducting a research on the emotional life histories of Israeli men who batter their partners, some serious ethical questions were evoked such as (a) Did the participants really give their consent? (b) What are the limits of the researcher-participants (...) relationship and who decides them? (c) For whom is the study beneficial? and (d) To what degree did the methodology fit with the participants? In this article, I discuss the Socratic idea of truth revealed through dialogue and the idea of reciprocity that was developed in Buber's (1949) ethics of dialogue and Habermas' (1990) communicative ethics. The 3 essential conclusions drawn from the ethical questions raised and the discussion of the thinkers that are mentioned previously are (a) dialogical methodology is ethically justified; (b) dynamic interactions give a more holistic perspective of the human nature, thus enriching the field; and (c) through dialogical methodology both researcher and participant profit from growth of knowledge, which is a key for empowerment and change. (shrink)

Algorithms can now identify patterns and correlations in the (big) datasets, and predict outcomes based on those identified patterns and correlations with the use of machine learning techniques and big data, decisions can then be made by algorithms themselves in accordance with the predicted outcomes. Yet, algorithms can inherit questionable values from the datasets and acquire biases in the course of (machine) learning, and automated algorithmic decision-making makes it more difficult for people to see algorithms as biased. While researchers have (...) taken the problem of algorithmic bias seriously, but the current discussion on algorithmic fairness tends to conceptualize ‘fairness’ in algorithmic fairness primarily as a technical issue and attempts to implement pre-existing ideas of ‘fairness’ into algorithms. In this paper, I show that such a view of algorithmic fairness as technical issue is unsatisfactory for the type of problem algorithmic fairness presents. Since decisions on fairness measure and the related techniques for algorithms essentially involve choices between competing values, ‘fairness’ in algorithmic fairness should be conceptualized first and foremost as a political issue, and it should be (re)solved by democratic communication. The aim of this paper, therefore, is to explicitly reconceptualize algorithmic fairness as a political question and suggest the current discussion of algorithmic fairness can be strengthened by adopting the accountability for reasonableness framework. (shrink)