Ha llegado a ser un lugar común aseverar la influencia de Kant en la obra de Rawls; sin embargo, el constructivismo político significó un rechazo del universalismo que es imposible explicar en términos kantianos. Lo que sigue es un intento de evaluar la tesis del consenso superpuesto a la luz de la concepción general de la filosofía política y la razón práctica en Hegel.

The Lockean theory of property licenses unilateral appropriation on the condition that there be ‘enough, and as good left in common for others’. However, the meaning of this proviso is all but clear. This article argues that the proviso is centered around the Lockean theory of freedom. To be free, I argue, we must be ‘non-subjected’ in the exercise of our rights, including our rights to appropriate. We enjoy such freedom only when the ability to exercise our rights does not (...) depend on others. That can obtain if literally enough and as good is left in common. But it can also obtain in other ways, for example through competitive labour markets. The latter offer something as good as ‘enough and as good’. (shrink)

Philosophy is unsolved. My forthcoming book sets forth the final resolution, with some exceptions, to this 2,500 year crisis. I am currently close to finishing page 983.

Social democracy based on welfare and the redistribution of social contributions is failing. The accumulation of wealth and the increase in inequalities are the two faces of Janus that social democracy has not been able to contain over the recent decades. In this context, it matters to discuss John Rawls’s influential difference principle. According to the maximin criterion put forth by Rawls, it does not suffice that no one becomes worse off; those who are worse off must also become better (...) off than they are. Here, we note that the existence and growth of inequality find no opposition in the maximin rule. Despite appearances, strictly speaking it merely introduces a factor of social compensation, a sort of “assistencialism” to the victims of the greatest inequality. Even the most robust formulation of the principle of difference, according to which the greatest advantage to the less advantaged is indispensable, does not per se preclude an aggregate growth of inequalities. It seems clear that it was an egalitarian goal what Rawls had in mind in A Theory of Justice. Rawls’s critical comments on welfare capitalism must indeed not be forgotten—especially in his further explanations about the application of the principles of justice in a property-owning democracy. Here, as in liberal socialism, the dispersion of property, capital and resources prevents economic and political powers from being concentrated into the hands of a minority. However, the egalitarian aim does not strictly follow from the difference principle as stated, whether taken literally as an application of the maximin rule or inferring from its strongest formulation. A reformulation that does justice to the egalitarian aim of the principle of difference is, however, possible: namely, a degrowthist reformulation, truly requiring a degrowth in accumulation and inequalities, making explicit a brake clause that hinders the aggregate growth of inequalities. Such a degrowthist conception of the difference principle may justify some concrete rules that are able to enforce the egalitarian commitments of social democracy. (shrink)

The essay provides a reconstruction of Rawls's The Law of Peoples that makes sense of three main discontinuities between Rawls's domestic theory of justice and his international outlook, namely the absence in the latter of: a) individualism, b) egalitarianism, and c) structural justice. The essay argues that while we can make sense of such differences without charging Rawls's account of blatant inconsistency, we can nonetheless criticize such an outlook from an internal perspective. There is a middle way between claiming that (...) no significant differences are present between A Theory of Justice and The Law of Peoples and, on the other hand, that the differences between the two are so large as to make them totally incompatible. Furthermore, to argue in favour of Rawls's consistency does not, as many seem to have thought, entail agreeing with his overall conclusion for justice in international relations. The final part of the essay illustrates this point by analyzing the case of trade. (shrink)

Christopher Eberle has developed a powerful critique of justificatory liberalism. According to Eberle, justificatory liberalism’s doctrine of restraint , which requires religious citizens to refrain from publicly advocating for policies that can be supported only by their religious reasons, is illiberal. In this article, I defend justificatory liberalism against Eberle’s critique.

This article tries to develop a moderate reading of political liberalism applicable to post-Islamist, Muslim-majority societies. Contrary to the strong reading, which considers political liberalism as limited in its scope to those societies that already have a strong liberal tradition, I argue that Rawls’ project does have something to offer to reasonable post-Islamist, Muslim individuals. In part I of the article the idea of a post-Islamist, Muslim-majority society is conceptualized and explained. Part II focuses on the Rawlsian ideas of justification, (...) demonstrating that the conceptions of justification available in political liberalism, i.e. political constructivism, wide reflective equilibrium and a wide view of public reasoning with its ideas of declaration and conjecture, can justify the political conception of justice for reasonable individuals living in any society, including post-Islamist ones. Focusing on Rawls’ notions of stability in part III, I argue that the idea of overlapping consensus should not be considered as the only account of stability offered by political liberalism. Put another way, notwithstanding the strong reading of political liberalism in real western and post-Islamist democracies, liberal stability is always a mixture of overlapping consensus and modus vivendi. (shrink)

The later Rawls attempts to offer a non-comprehensive, but nonetheless moral justification in political philosophy. Many critics of political liberalism doubt that this is successful, but Rawlsians often complain that such criticisms rely on the unwarranted assumption that one cannot offer a moral justification other than by taking a philosophically comprehensive route. In this article, I internally criticize the justification strategy employed by the later Rawls. I show that he cannot offer us good grounds for the rational hope that citizens (...) will assign political values priority over non-political values in cases of conflict about political matters. I also suggest an alternative approach to justification in political philosophy (that is, a weak realist, Williams-inspired account) that better respects the later Rawls’s concern with non-comprehensiveness and pluralism than either his own view or more comprehensive approaches. Thus, if we take reasonable pluralism seriously, then we should adopt what Shklar aptly called ‘liberalism of fear’. (shrink)

This article addresses the problem of ‘the legitimacy of the people’, that is, what constitutes the legitimate demarcation of the political units within which democracy is practiced? It is commonplace among philosophers to argue that this problem cannot be solved by appeal to democratic procedure because every attempt to do so results in an infinite regress. Based on a social contract theoretical analysis of the problem, this view is rejected. Although contract theorists have ignored the problem of the legitimacy of (...) the people, this article nevertheless argues for one specific, and currently dominant, type of contract view – ‘contractarianism’ – that it contains the conceptual tools to solve it. In a contractarian view, the people are understood as a cooperative venture for mutual advantage and accordingly consist of only those individuals for whom it is mutually beneficial to bind themselves to one another. It is argued that contractarianism offers a procedurally democratic solution to the problem of the legitimacy of the people that does not cause an infinite regress. Furthermore, this article refutes a classic criticism of contractarianism’s account of moral standing. Finally, the article demonstrates contractarianism’s practical implications for one specific articulation of the problem of the legitimacy of the people, namely, immigration. (shrink)

This chapter examines some central features to liberal conceptions of toleration and liberty of conscience. The first section briefly examines conceptions of toleration and liberty of conscience in the traditions of Locke, Rawls, and Mill. The second section considers contemporary controversies surrounding toleration and liberty of conscience with a focus on neutrality and equality. The third section examines several challenges, including whether non-religious values should be afforded the same degree of accommodation as religious values, whether liberty of conscience requires a (...) secular state, and how bias impedes understandings of toleration and liberty of conscience. The chapter concludes with brief comments on future directions for research on toleration and liberty of conscience. One is exploring toleration and liberty of conscience in non-Western contexts; another is exploring ways that varieties of religious and political identity impact conceptions of toleration and liberty of conscience. (shrink)

According to Kant, the universalization of the maxim of false promising leads to a contradiction, namely, to everyone adopting the maxim of false promising which would in effect make promising impossible. I first propose a reconstruction of Kant’s reasoning in four steps and then show that each of these steps is highly problematic. In the second part I argue that attempts by several prominent contemporary philosophers to defend Kant fail because they encounter similar difficulties.

Kant offers the following argument for the formula of humanity (FH): Each rational agent necessarily conceives of her own rational nature as an end in itself and does so on the same grounds as every other rational agent, so all rational agents must conceive of one another's rational nature as an end in itself. As it stands, the argument appears to be question-begging and fallacious. Drawing on resources from the formula of universal law (FUL) and Kant's claims about the primacy (...) of duties to oneself, I propose a contractualist reconstruction of this puzzling line of reasoning. (shrink)

The following interview took place between Jacques Bouveresse and Hilary Putnam on May 11, 2001 in Paris at the Collège de France. Sandra Laugier was present, preserved the transcription, and proposed that we publish the text here. It was translated into English by Marie Kerguelen Feldblyum LeBlevennec and lightly edited by Jacques Bouveresse, Juliet Floyd, and Sandra Laugier. Themes covered in the interview include the question of Wittgenstein’s importance in contemporary philosophy, Putnam’s development with respect to realism, especially in philosophy (...) of mathematics, and the differences and motivations for realism in mathematics, physics, and ethics. The editors thank Marie Kerguelen Feldblyum LeBlevennec for her translation, and Jacques Bouveresse, Mario De Caro, and Sandra Laugier for permission to publish this transcription. (shrink)

This paper compares and contrasts the basic income proposal with the alternative policy proposal of the state acting as employer of last resort. Two versions of the UBI proposal are distinguished: one is hard to differentiate from expanded welfare state provision. Van Parijs’s proposal is radical enough to qualify as major egalitarian revision to capitalism. However, while it removes from a capitalist class the power to determine the terms on which others labour, it leaves this class in place and able (...) to exert other powers that distort the macro-economy. These include pecuniary emulation, demand pull inflation, and political resistance to full employment so that the rentier class does not have to contend with entrepreneurs *and* the working class over the distribution of the productive surplus. The state as employer of last resort proposal addresses these deeper issues while also claiming that inflationary pressure will undermine the UBI alternative. (shrink)

Leiter charges public philosophy with being “neoliberal”. To understand that charge better, I define, in §1, three versions of public philosophy which might be concerned and two pictures of its practice targeted by Leiter. I also compare two deliberative sites wherein those pictures may play out. In §2, I sketch how Leiter’s two paradoxes for “neoliberal” public philosophy lead to a revised public philosophy. §3 questions the paradoxes’ empirical grounding and scope. Lastly, in §4, I assume Leiter’s picture and illustrate (...) how philosophical dialogue, through appeal to personal self-image and “moral perceptions”, may still influence public discourse. I conclude that Leiter both over- and understates his case and that his conclusions require greater scrutiny. (shrink)

Rawls’ primary legacy is not that he standardised a particular view of justice, but rather that he standardised a particular method of arguing about it: justification via reflective equilibrium. Yet this method, despite such standardisation, is often misunderstood in at least four ways. First, we miss its continuity across his various works. Second, we miss the way in which it unifies other justificatory ideas, such as the ‘original position’ and an ‘overlapping consensus’. Third, we miss its fundamentally empirical character, given (...) that it turns facts about the thoughts in our head into principles for the regulation of our political existence. Fourth, we miss some of the implications of that empiricism, including its tension with moral realism, relativism, and conservatism. (shrink)

Thomas Hobbes has recently been cast as one of the forefathers of political realism. This article evaluates his place in the realist tradition by focusing on three key themes: the priority of legit...

John Rawls is arguably the most important political philosopher of the past century. His theory of justice has set the agenda for debate in mainstream political philosophy for the past forty years, and has had an important influence in economics, law, sociology, and other disciplines. However, despite the importance and popularity of Rawls's work, there is no clear picture of what a society that met Rawls's principles of justice would actually look like. This article sets out to explore that question.

This paper addresses ways of arguing fors ome form of economic democracy from within a broadly Rawlsian framework. Firstly, one can argue that a right to participate in economic decision-making should be added to the Rawlsian list of basic liberties, protected by the first principle of justice. Secondly,I argue that a society which institutes forms of economic democracy will be more likely to preserve a stable and just basic structure over time, by virtue of the effects of economic democratization on (...) the development of an active, democratic character among citizens. Thirdly, I argue that a proper understanding of the demands of the difference principle shows that justice demands more than ex post redistribution, but also requires the ex ante redistribution of power and authority in economic life. This connects to Rawls’s discussion of the badness of inequality, and to his endorsement of a “property-owning democracy”. -/- My conclusion is that, even if we may doubt the success of this first Rawlsian argument,the second and third arguments are both successful, and together establish a strong Rawlsian case forseeing economic democratization as a requirement of justice. (shrink)

Brian Leiter throws down two gauntlets to philosophers engaged in dialogue with the broader public. If, with the first, public philosophers recognize that they cannot offer substantive answers but only sophisticated method, they nevertheless fail to realize that said method does not resonate with the very public whom they purport to help. For, with the second, that method does not engage the emotivist and tribalist cast of contemporary public discourse: emotivist because a person’s moral and political beliefs are a function (...) of emotional attitudes or affective responses for which she adduces reasons post hoc; tribalist because the person tracks not the inferential relation between beliefs but her similarity with interlocutors. In order to understand the full extent of this critique, it is necessary, first, to parse strands of public philosophy, distinct discursive sites, and pictures of philosophical practice and, then, to probe the critique’s empirical groundedness and intended scope. These elements in place, it is then possible to sketch public philosophy reconceived along Leiter’s lines as equal part rigor and rhetoric. That sketch may be somewhat filled out through two tactics employed in Jeffrey Stout’s work. These form part of a toolkit for philosophical dialogue whereby philosophers get a discursive grip on non-discursive factors underlying public discourse and push back on Leiter's dilemma. (shrink)

There are two discourses that are used in connection with the provision of good healthcare: a rights discourse and a beneficial design discourse. Although the logical force of these two discourses overlaps, they have distinct and incompatible implications for practical reasoning about health policy. The language of rights can be interpreted as the ground of a well-designed healthcare system stressing the values of equality and inclusion, but it has less application when dealing with questions of cost-effectiveness. This difference reflects the (...) distinction between the deontological status of rights claims and a teleological approach presupposed in the language of beneficial design. However, the value of the separateness of persons contained in the discourse of rights can impose constraints on the adoption of a simple maximizing principle when thinking about the allocation of healthcare resources within a social contract for health. Throughout these issues are discussed by reference to the work of Peter Jones. (shrink)

En este artículo re-examinaremos la idea rawlsiana de que la estructura básica constituye el objeto primario de la justicia, a partir de la discusión planteada por G.A. Cohen. Veremos si, en efecto, las decisiones personales pueden quedar fuera del alcance de los principios de justicia o, en otras palabras, hasta qué punto la justicia es sólo un asunto institucional. Para ensayar una respuesta –siempre provisional– al problema del objeto de la justicia convocaremos al Principio Aristotélico propuesto por Rawls. En tal (...) sentido, diremos que, para mantener su postura ortodoxa sobre la exclusividad de la estructura básica como locus de la justicia, Rawls no sólo debería renunciar a su afirmación de que la fraternidad se expresa en el Principio de Diferencia –tal como lo demanda Cohen–, sino también a su pretensión de que la justicia como equidad sea compatible con la noción aristotélica de la justicia en tanto elusión de la pleonexia. (shrink)

Kant develops his political philosophy in the context of a teleological conception of both nature and human history. For Kant, political thought must be undertaken in the context of a progressive historical view of humanity’s place in nature. For this reason Kant would strongly agree with John Rawls’s claim that one of the key roles that political philosophy plays in a society’s political culture is that of ‘probing the limits of practicable political possibility. In this role, we view political philosophy (...) as realistically utopian’ (Rawls 2007, pp. 10-11). The fact that political philosophy has this public role helps to explain the close links that exist between politics and teleology in Kant’s work. Teleology is the study of ends and of the purposiveness of both nature and history. One of the key roles of political philosophy is, for Kant, to probe what politics and human societies more generally can, will and should become in the context of the historically developing and purposive natural systems of which humans are part. Politics must be understood in its natural and historical context, but nature (especially human nature) and history must in turn be understood from a progressive political perspective. For Kant, the historical outcome of this purposive natural system, the end of history, is the full development of humanity’s predispositions for the use of reason within a moral and just society. This volume explores these issues. (shrink)

Rawls champions the cause of the poor because of his strong moral sentiments about the eradication of poverty. I present these sentiments, which he converts into normative elements of his theory of justice. However, the conceptual framework and intellectual resources that he uses to articulate these sentiments are inadequate. His sentiments against poverty cannot be accommodated neatly, simply, and coherently in his liberal theoretical framework. Also, I point out that his definition of the identification of poor people as the least (...) advantaged members of society is not adequate. Therefore, his theory is refashioned so that it can properly account for the fundamental interests of poor people. An alternative conception is presented, revising Rawlsian liberalism to enable it to adequately champion the cause of the poor. I provide an alternative definition of poverty and apply Mill’s analysis of the relation between justice and utility to Rawls’ theory of justice. (shrink)

This article treats about the influence of Hobbes on the early writings of John Locke, Two Tracts on Government. These Tracts don’t have a particular importance in understanding Locke’s work, but they are important for understanding the spirit of the time and the intellectual development of the author of the Second Treatise. In the Two Tracts, Locke defends a conservative position in the matter of government’s role in regulating the religious policy. Locke was a puritan, but he was part of (...) that direction of Puritanism which remained attached to the Church of England and, therefore, he was critique of the anarchical spirit of radical and sectarian Protestants. Therefore, he defended the thesis that religious feelings should be subordinated to the reasons of State, as defined by the political authority. For a better understanding of the issues of the Two Tracts, we first analyze the political context in which they were written, and the main theories of that time in matter of politics and religion, especially Hobbes’s. Then, we show that the main argument of Locke in Two Tracts could be considered as hobbist, the “hobbism” being, in that time, the use of a Hobbesian view even in the refutation of Hobbes. (shrink)

Contemporary debates about ideal and nonideal theory rest on an underlying consensus that the primary practical task of political theory is directing action. This overlooks other urgent practical work that theory can do, including showing how injustice can be made bearable and how resisting it can be meaningful. I illustrate this important possibility by revisiting the purpose for which John Rawls originally developed the concept of ideal theory: reconciling a democratic public to living in a flawed world that may otherwise (...) seem more of a home for catastrophe than justice. However, Rawls’s account of reconciliation is flawed; because of his methodology, the realistic utopia he constructs as a source of hope can be used to defend an unjust status quo. By drawing lessons from Theodor Adorno’s contrasting view of reconciliation after the Holocaust, I offer a more democratic method for political theory to offer sources of hope to the public. (shrink)

This paper examines some of the ways that equality in political status is threatened by corporate political speech. I offer a critique of Citizens United v Federal Election Commission which emphasizes a democratic equality approach to law and politics.

Although most scholars trace the Liar Paradox to Plato’s contemporary, Eubulides, the paper argues that Plato builds something very like the Liar Paradox into the very structure of his dialogues with significant consequences for understanding his views. After a preliminary exposition of the liar paradox it is argued that Plato builds this paradox into the formulation of many of his central doctrines, including the “Divided Line” and the “Allegory of the Cave” and the “Ladder of Love”. Thus, Plato may have (...) been the first to formulate the view that Graham Priest calls dialetheism, roughly, the view that some contradictions are, in an illuminating way, inescapable and true. The paper argues that Plato builds this Liar paradox into the formulation of his signature views because he holds that the attempt by finite human beings to theorize about transcendent realities results in the simultaneous necessity, and impossibility, of transgressing the limits of language—leading to the paradoxes. Finally, it is argued that the existence of these paradoxes in these Platonic doctrines is the direct result of an intrinsic hermeneutical circle in Plato’s aforementioned signature views. (shrink)

This paper is concerned with the moral concept of harm in the context of the Warsaw International Mechanism for Loss and Damage. This paper delineates between two concepts of wrongful harm: interactional versus architectural. It then examines these options with an eye toward developing a satisfactory normative approach for policy. While the interactional view of wrongful harm supports powerful arguments about moral responsibility, it has some clear limitations. This paper makes a case for the architectural view by underlining that it (...) is not only compatible with the features of the Paris Agreement but also supports a distinctive conception of justice. (shrink)

For Rousseau, social contract is a hypothetical one; the paper claims that it is, in contemporary terms, a political thought-experiment (TE). The abductive way of thinking, looking for the best normative pattern in the data, finds its counterpart in the historical abduction in the Second Discourse; the analogy between the two secures the methodological unity of Rousseau’s political philosophy. The proposed reading of the work as a TE shows that it fulfills the necessary requirements put by (hopefully) intuitively acceptable definition (...) of a TE, and fits in the contractarian tradition that has been experimenting with hypothetical arrangements since its start. The reading of The Social Contract as a TE has helped to systematize some of its shortcomings from the wider perspective of methodology of political philosophy. Finally, the political thought experiment (PTE) reading of Rousseau places his central work where it belongs: in the tradition started by Plato’s Republic, continuing with Renaissance and early modern philosophical utopias, culminating in the contractarian social contract TE, and going all the way to the work of Rawls and his present day continuators. We hope that this can contribute to a more positive picture of Rousseau’s work, despite criticism concerning his brusque manner of thought-experimenting. (shrink)

In As Free and as Just as Possible: The Theory of Marxian Liberalism, Jeffrey Reiman proposes to develop a theory of “Marxian Liberalism.” ‘Liberalism’ here is defined by the principle that “sane adult human beings should be free in the sense of free from coercion that would block their ability to act on the choices they make.” While the idea of coercion could use some glossing, it is not obvious that poverty, unemployment, racism, and sexism are as such coercive. In (...) this book, it is, very broadly, economic inequality that is the focus, and the argument is that a previously insufficiently appreciated idea that is broadly Marxian shows us that we need a Rawlsian Difference Principle to counteract inherent coercion in the system of free enterprise capitalism. I argue that the book wrongly places the component of labor in the system of economic exchange. We do not as such exchange labor: we exchange services; and because of this there is no normative pull toward his thesis that there is something fundamentally wrong—some people are being unjustly exploited—when several hours of one person’s labor are required to purchase the output of just one of another person’s. Liberalism, I argue, rejects Marxism. (shrink)

The paper considers two main cases of how the creative arts can inform a greater appreciation of human dignity. The first case explores a form of theater, Commedia dell’Arte that has deep roots in Italian culture. The second recounts a set of theater exercises done with very minimal direction or self-direction in executive education and MBA courses at the Darden School, University of Virginia, in the United States. In both cases we highlight how the creative arts can be important for (...) promoting human dignity in organizations, and how they can lead to a more authentic conversation about values, ethics, and meaning. (shrink)

In Why Not Socialism ?, G. A. Cohen argues that market society and capitalism are intrinsically repugnant. He asks us to imagine an ideal camping trip, which becomes increasing repugnant as it shifts from living by socialist to capitalist principles. In this paper, I expose the limits of this style of argument by making a parallel argument, which shows how an ideal anarchist camping trip becomes increasingly repugnant as the campsite turns from anarchism to democracy. When we see why this (...) style of argument fails to generate interesting objections to democracy, we then see why it also fails to generate interesting objections to market society. (shrink)

This review essay on three recent books on John Rawls’s theory of justice, by Catherine Audard, Samuel Freeman, and Thomas Pogge, describes the great boon they offer serious students of Rawls. They form a united front in firmly and definitively rebuffing Robert Nozick’s libertarian critique, Michael Sandel’s communitarian critique, and more generally critiques of “neutralist liberalism,” as well as in affirming the basic unity of Rawls’s position. At a deeper level, however, they diverge, and in ways that, this essay suggests, (...) go astray on subtle questions of interpretation: Freeman overemphasizes reciprocity, Pogge miscasts Rawls as a consequentialist, and Audard exaggerates the Kantian aspect of Rawls’s core, continuing commitment to “doctrinal autonomy.”. (shrink)

In this paper I try to illuminate the Rawlsian architectonic through an interpretation of what Rawls’ Lectures on the History of Political Philosophy say about Rousseau. I argue that Rawls’ emphasis there when discussing Rousseau on interpreting amour-propre so as to make it compatible with a life in at least some societies draws attention to, and helps explicate, an analogous feature of his own work, the strains of commitment broadly conceived. Both are centrally connected with protecting a sense of self (...) which is vital for one’s own agency. This allows us to appreciate better than much of the literature presently does the requirement for Rawls that justice and the good are congruent, that a society of justice does not disfigure citizens’ ability to live out lives relatively unmarked by relations of domination. Some comments on G. A. Cohen’s critiques of Rawls are made. (shrink)

Alfred Stepan’s “twin-tolerations” thesis (2000) is a model for explaining different ways that religious and political authority come to be reconciled. In this paper, we investigate some obstacles and challenges to realizing a reconciliation between religious and political authority in the Kingdom of Saudi Arabia (KSA) that might result in a transition away from a theocratic monarchy to a more consultative form of political authority. Whereas most analyses of religion and politics in KSA focus on geopolitics, the rentier state model, (...) or economic and military aid from the United States, we also consider local factors that emphasize the agency of political and non-political actors within KSA, focusing in particular on education policy and how this policy is a barrier to political reform. Our position is not meant to replace the standard models, but rather to supplement them by offering a multi-variable perspective on the challenges and prospects for meaningful political reform in KSA. (shrink)

En el intento de defender una interpretación de la ética y la filosofía política de David Hume cercana al utilitarismo clásico, se interpone de un modo clave el llamado problema del “ Sensible Knave ” planteado por este autor al final de su obra más utilitarista, la Investigación sobre los Principios de la Moral . Según la interpretación clásica de este fragmento, la racionalidad utilitarista en el ámbito político colisionaría con la moral volviendo a ésta última inútil. Por tanto, en (...) el ámbito político la defensa de un utilitarismo moral sería una tarea autocontradictoria. Con el fin de mostrar que, primero, Hume no dice nada parecido a esto y, segundo, que incluso señala la forma de superar esta aparente contradicción entre moralidad y racionalidad, se analizan brevemente los argumentos de los que procede básicamente esta interpretación “antiutilitarista” estándar y se defiende una interpretación de la discusión humeana sobre el problema del aparente conflicto entre moralidad y racionalidad, o de los incentivos racionales para el comportamiento inmoral, que permite explicar mejor la posición de Hume sobre este problema. Finalmente, se propone una instancia de superación de la contradicción moralidad/racionalidad por medio de un utilitarismo de la regla atemperado centrado en la idea del “desarrollo progresivo de instituciones artificiales de refuerzo de la moralidad”, que el propio Hume sugeriría en otros lugares en los que aborda el tema de la contradicción aparente entre “morality” y “knavery”. Se proponen también posibles líneas de desarrollo futuro de esta idea, entre ellas su uso para aclarar la posible relación del pensamiento de David Hume con ciertas formas de liberalismo contemporáneo. (shrink)

Should conflicts among human rights be dealt with by including general principles for priority setting at some prominent place in the practice of human rights? This essay argues that neither setting prominent and principled priorities nor a case-by-case approach are likely to be defensible as general solutions. The main reasons concern how best to realize all human rights for all. Conflicts among human rights are more defensibly addressed by checking whether the conflict has been correctly diagnosed: Do human rights as (...) a whole get due priority? Have feasibility considerations inherent in human rights been considered, and the possibility of bringing in additional dutybearers? If a conflict among human rights is genuine, formal principles for priority setting are of some help. Sometimes, it is clear that these should be “upgraded” to substantive principles and sometimes that they should not. Many cases, however, are as yet unclear and will need further investigation. (shrink)