During the twentieth century, the view that assertions and norms are valid insofar as they respond to principles independent of all local and temporal contexts came under attack from two perspectives: the partiality of translation and the intersubjective constitution of the self, understood as responsive to recognition. Defenses of universalism have by and large taken the form of a thinning out of substantive universalism into various forms of proceduralism. Alessandro Ferrara instead launches an entirely different strategy for transcending the particularity (...) of context without contradicting our pluralistic intuitions: a strategy centered on the exemplary universalism of judgment. Whereas exemplarity has long been thought to belong to the domain of aesthetics, this book explores the _other_ uses to which it can be put in our philosophical predicament, especially in the field of politics. After defining exemplarity and describing how something unique can possess universal significance, Ferrara addresses the force exerted by exemplarity, the nature of the judgment that discloses exemplarity, and the way in which the force of the example can bridge the difference between various contexts. Drawing not only on Kant's _Critique of the Power of Judgment_ but also on the work of Hannah Arendt, John Rawls, Ronald Dworkin, and Jürgen Habermas, Ferrara outlines a view of exemplary validity that is applicable to today's central philosophical issues, including public reason, human rights, radical evil, sovereignty, republicanism and liberalism, and religion in the public sphere. (shrink)

Alessandro Ferrara explains what he terms "the democratic horizon" - the idea that democracy is no longer simply one form of government among others, but is instead almost universally regarded as the only legitimate form of government, the horizon to which most of us look. Professor Ferrara reviews the challenges under which democracies must operate, focusing on hyperpluralism, and impresses a new twist onto the framework of political liberalism. He shows that distinguishing real democracies from imitations can be difficult, responding (...) to this predicament by enriching readers' understanding of the spirit of democracy; clearing readers' views of pluralism from residues of ethnocentrism; and conceiving multiple versions of democratic culture, rooted in the diversity of civilizational contexts. (shrink)

As people look for a way to ground their judgments of moral, political, aesthetic claims in the face of the postmodernists who claim nothing can be grounded, Reflective Authenticity attempts to rescue some of the critical ideals of the Enlightenment without falling prey to those who say that the Enlightenment's tenets of objectivity, reason, liberalism makes this impossible and in the face of multiculturalism, difference, and the death of subject, are outdated. Alessandro Ferrara suggests that the notion of reflective authenticity (...) offers the key to a new kind of exemplary universalism which, different from the generalizing universalism typical of modern thought, does not fall under the critique of foundationalism articulated by postmodernist thinkers. (shrink)

Within the author’s long-term project of updating John Rawls’s paradigm of “political liberalism” to a historical context different from the original one, this paper focuses on how political liberalism can help us understand populism and help liberal democracy survive the populist upsurge. In the first section, political liberalism is argued to be of help in directing our attention to three constitutive aspects of all sorts of populism: the conflation of “the people” with the electorate and the electorate with the nation, (...) the attribution of constituent power to the electorate, and a penchant for so-called “justified intolerance.” In the second section, enfeebled democracies and postliberal democracies are discussed as two distinctly dangerous outcomes of populist contagion. Finally, in the third section the containment of populism is argued to require targeting the socioeconomic factors undergirding the populist upsurge and the jettisoni... (shrink)

_Reflective Authenticity: Rethinking the Project of Modernity_ is a challenging consideration of what remains of ambitious Enlightenment ideas such as democracy, freedom and universality in the wake of relativist, postmodern thought. Do clashes over gender, race and culture mean that universal notions such as justice or rights no longer apply outside our own communities? Do our actions lose their authenticity if we act on principles that transcend the confines of our particular communities? Alessandro Ferrara proposes a path out of this (...) impasse via the notion of reflective authenticity. Drawing on Aristotle, Kants concept of reflective judgement and Heideggers theory of reflexive self-grounding, _Reflective Authenticity: Rethinking the Project of Modernity_ takes a fresh look at the state of Critical Theory today and the sustainability of postmodern politics. (shrink)

This study on the contemporary relevance of Rousseau’s ethical and social thought, the “ethic of authenticity,” responds to the tensions of modern morality and rivals the answers generated by the more mainstream tradition of the “ethic of autonomy.”.

Translated from the 1989 Italian edition, Ferrara (sociology, U. of Rome) intertwines an exploration of the ethical and social thought of 17th-century French philosopher Rousseau, with an analysis of contemporary culture through those ...

This text is an integrated and comprehensive account of theories of justice and judgement in contemporary political and moral philosophy. It offers a critical examination of judgement and normative validity in the recent works of Rawls, Habermas, Ackerman, Michaleman, and Dworkin. Ferrara demonstrates how the understanding of justice and normative validity, since the linguistic turn in philosophy, is defined in terms of reflective judgement. This demonstration comprises of an historical overview of the judgement model in contemporary political philosophy that focuses (...) on Rawls on ` justice as fairness' and Habermas on the discourse theory of law and the public sphere. The discussion then examines situated judgement; the work of Ackerman on the function of the constitution; and Michaelman on deliberative democracy. Justice and Judgement concludes with an exhaustive and exacting discussion of universalism and contemporary liberalism; and the judgement view of justice. The key themes of this examination are the good; equal respect; and reflexive judgement. (shrink)

This article examines recent theories of democratic citizenship as well as the institutional separation of religion and politics in light of shortcomings with the traditional secularization thesis. Due to the fact that juridical norms and forms of consciousness develop at a more rapid pace than religious ones, received accounts of both democratic equality and toleration need to be reconceptualized. Questions concerning the legitimacy and neutrality of religious reasoning in democratic politics, as pursued in the work of Rawls and Habermas, also (...) need to be informed by further reflection on the confessional context and other empirical features of post-secular societies. Comparing the politics of same-sex marriage in Canada and Italy helps to illustrate this point. (shrink)

Investigations of iconicity in language, whereby interactants coordinate meaningful bodily actions to create resemblances, are prevalent across the human communication sciences. However, when it comes to analysing and comparing iconicity across different interactions and modes of communication, it is not always clear we are looking at the same thing. For example, tokens of spoken ideophones and manual depicting actions may both be analysed as iconic forms. Yet spoken ideophones may signal depictive and descriptive qualities via speech, while manual actions may (...) signal depictive, descriptive, and indexical qualities via the shape, movement, and placement of the hands in space. Furthermore, each may co-occur with other semiotics articulated with the face, hands, and body within composite utterances. The paradigm of iconicity as a single property is too broad and coarse for comparative semiotics, as important details necessary for understanding the range of human communicative potentialities may be masked. Here, we draw on semiotic approaches to language and communication, including the model of language as signalled via describing, indicating and/or depicting and the notion of non-referential indexicality, to illustrate the multidimensionality of iconicity in co-present interactions. This builds on our earlier proposal for analysing how different methods of semiotic signalling are combined in multimodal language use. We discuss some implications for the language and communication sciences and explain how this approach may inform a theory of biosemiotics. (shrink)

The paper discusses some thematic issues that emerge from the Kantian study of diseases of cognition and volition, taking into consideration his anthropological works and some problems emerging from his main critical works. Starting from the explanation of the taxonomy of the main mental illnesses, some epistemological themes will be illustrated, linked to the fallible relationship between transcendental truths and the empirical dimension of knowledge and to the Kantian concept of error. Subsequently, the study of affects and passions, conceived as (...) illnesses of volition, will show the difficulties linked to a total involvement of reason in moral action, concerning the shortcomings of human action with respect to the principle of responsibility. Finally, the paper will focus on the role of legal imputability in relation to moral responsibility and to mental diseases. (shrink)

In this article by way of reply, the author responds to the challenging comments on The Democratic Horizon provided by Michelman, Benhabib, White, Scheuerman and Laden. In response to Michelman, some reflections are propounded on the function of judicial review, in order to alleviate the tension between two understandings of the mandate of the highest interpreter of the constitution as aimed at remedying either an occlusion of democratic authorship or a shortfall of agreement, and on the need to rethink how (...) the authority of the supreme interpreter relates to the will of the people in a deeply changed historical context. In response to Benhabib, the author discusses the new limits of the accommodation of diversity in Fairburg, a fictional polity that expands the Rawlsian standard of ‘ reasonable disagreement’, and defends the normative relevance and democratic credentials of his notion of ‘ multivariate polity’. In response to White, after recalling the importance of putting the ‘democratic ethos’ at the center of a reflection on the democratic quality of complex societies where formal procedures often mask elitist substance, the author defends the ‘political, not metaphysical’ credentials of ‘openness’ and accepts a complementarity of ‘openness’ and ‘presumptive generosity’. In response to Scheuerman, the author restates his focus on the democratic ethos as a supplement to, not a replacement of, the reflection on democratic procedures and defends the conceptual diversity of governance from government. In response to Laden, the author highlights the diversity of contexts to which his own and Laden’s versions of ‘democratic justification’ are responding and defends a more moderate version of ‘openness’, which still keeps constitutional essentials and political values shielded from ongoing questioning. Finally, the author interprets the debate aroused by The Democratic Horizon as indicative of the persistent vitality of the Rawlsian legacy in the 21st century. (shrink)

With the publication of Theorie des kommunikativen Handelns (1981) and of his essays “A Reply to my Critics” (1982), “Diskursethik — Notizen zu einem Bugründungsprogramm” (1983), “Moralbewusstsein und kommunikatives Handeln” (1983), and “Über Moralität und Sitdichkeit — Was macht eine Lebensform ‘rational’?” (1984), Habermas has considerably developed and systematized his views on ethics. Up to Communication and the Evolution of Society (1979), ethics had been of interest to Habermas mainly insofar as certain concepts related to it — such as the (...) ideal speech situation, communicative action, presuppositions of argumentation, etc. — were crucial for the purpose of grounding a universalistic point of view in philosophy and in social theory. (shrink)

Cristina Lafont’s Democracy Without Shortcuts enriches the discussion of deliberative democracy with new insights. After discussing her three objections against Waldron’s denunciation of judicial review as antidemocratic, the main flaw of Waldron’s thesis is argued to remain out of focus. The constitution is understood by him as owned by the living citizens, in a pattern of serial sovereignty that raises three problems: the ‘wanton republic’; the under-individuation of the polity; generational inequality. The answer to Lafont’s question ‘Can We Own the (...) Constitution?’ is then argued to be that only ‘we the people’, including past, present and future ‘free and equal’ generations, own the constitution. The living citizens are the segment of ‘the people’ endowed with agency, have a voice, can modify the inherited political scheme, but cannot legitimately disfigure it, under penalty of destroying the regulatory function of the constitution. (shrink)

In this essay I argue that the notion of religious transcendence was a latecomer in human evolution. It did not appear before the Axial Age, and in its extreme form as a realm of ultimate meanings beyond human reach it had only a locally and temporally bounded existence. Once it appeared, however, the idea of religious transcendence set an evolutionary dynamic in motion, which soon led to various forms of “immanent transcendence,” starting from the “Papal Revolution” and continuing with the (...) Reformation, the Enlightenment, the Kantian notion of the transcendental and its Hegelian and Habermasian modifications. In my conclusion I briefly discuss two alternative versions of modern immanent transcendence—cognitive and exemplary—and their consequences for political philosophy. (shrink)

In the global world, momentous migratory tides have produced hyper-pluralism on the domestic scale, bringing citizens with radically different conceptions of life, justice and the good to coexist side by side. Conjectural arguments about the acceptance of pluralism, the next best to public reason when shared premises are too thin, may not succeed in convincing all constituencies. What resources, then, can liberal democracy mobilize? The multivariate democratic polity is the original answer to this question, based on an interpretation of Rawls (...) which revisits Political Liberalism in the light of The Law of Peoples . The unscrutinized assumption is highlighted, often read into Rawls’s Political Liberalism , that a polity moves homogeneously and all of a piece from religious conflict to modus vivendi, constitutional consensus and finally to overlapping consensus. Drawing on The Law of Peoples , a different picture can be obtained. (shrink)

This essay is about the difficulties connected with grounding human rights philosophically in a multicultural context. These difficulties are argued to derive from the tension between our aspiration to universal validity and our shared belief in the constitutive role of life-forms, traditions, cultures, and vocabularies vis-à-vis our conceptions of justice. Rawls's and Habermas's approaches to the justification of human rights are then briefly reconstructed and assessed. A symmetrical distribution of strong and weak points is argued to obtain. In the light (...) of this reconstruction, the author explores the potential of his judgment view of justice for providing a justification of the universality of human rights not vulnerable to the difficulties of the other examined approaches. (shrink)

The recent wave of whistleblowers and cyber-dissidents, from Julian Assange to Edward Snowden, has declared war against surveillance. In this context, transparency is presented as an attainable political goal that can be delivered in flesh and bones by spectacular and quasi-messianic moments of disclosure. The thesis of this article is that, despite its progressive promise, the project of releasing classified documents is in line with the Orwellian cold war trope of Big Brother rather than with the complex geography of surveillance (...) today. By indicting the US federal government as the principal agent of surveillance, the ‘logic of the leak’ obfuscates that today’s surveillance is conducted mostly by the private sector in the form of dataveillance. What should we think, then, of this new fetish of transparency? Is it a symptom of the castigation of a desire for surveillance, the wish to be constantly observed and closely inspected? I claim that the meaning of the ‘expository society’, as Bernard Harcourt calls it, depends on how we interpret secrets. For secrets are not only temporary conditions of occultation that can, and should, be indiscriminately exposed, but sites of agency. In this perspective, the emancipatory promise hangs on the right to the secret, assumed as the right not to answer and not to belong. (shrink)

International criminal law is dedicated to the battle against impunity. However, the concept of impunity lacks clarity. Providing that clarity also reveals challenges for the current state and future prospects of the project of ICL, which this article frames in cosmopolitan terms. The ‘impunity norm’ of ICL is generally presented in a deontic form. It holds that impunity for perpetrators of international crimes is a wrong so profound that states and international bodies have a pro tanto duty to prosecute and (...) punish perpetrators, a duty that cannot be overridden by considerations of cost, including the costs of infringing on the traditionally understood legal sovereignty of states. This deontic reading of the impunity norm is difficult to justify, a fact linked to the waning fortunes of ICL over the past several years. If ICL is to reverse this trend, the impunity norm’s strongly deontic reading should be replaced by a version derived from deliberative principles. (shrink)

This article problematizes the republican reliance on contemporary ‘states as they are’ as protectors and guarantors of the republican notion of freedom as non-domination. While the principle of freedom as non-domination constitutes an advance over the liberal principle of freedom as non-interference, its reliance on the national, territorial, legal-technical and extra-economic contemporary state prevents the theoretical uncovering of its full potential. The article argues that to make the most of the principle of freedom as non-domination, a strong Athenian element is (...) required. The democratic confederalist project that is being experimented with by Syrian Kurds in the cantons of Rojava, it is maintained, can contribute theoretically and practically to this republican ideal through its democratic and participatory mechanisms, despite fundamental challenges it has to face. (shrink)

Reflexive pluralism is here put forward as the conception that is most reasonable for supporters of political liberalism to hold at a period when the reasons justifying acceptance of political and religious pluralism seem inadequate.

Reflexive pluralism is here put forward as the conception that is most reasonable for supporters of political liberalism to hold at a period when the reasons justifying acceptance of political and religious pluralism seem inadequate.

In this article, Honneth’s Freedom’s Right is discussed with the intent to assess its potential for offering a view of justice, grounded in social freedom, more adequate than the theories of justic...

The literature addressing bias and fairness in AI models (fair-AI) is growing at a fast pace, making it difficult for novel researchers and practitioners to have a bird’s-eye view picture of the field. In particular, many policy initiatives, standards, and best practices in fair-AI have been proposed for setting principles, procedures, and knowledge bases to guide and operationalize the management of bias and fairness. The first objective of this paper is to concisely survey the state-of-the-art of fair-AI methods and resources, (...) and the main policies on bias in AI, with the aim of providing such a bird’s-eye guidance for both researchers and practitioners. The second objective of the paper is to contribute to the policy advice and best practices state-of-the-art by leveraging from the results of the NoBIAS research project. We present and discuss a few relevant topics organized around the NoBIAS architecture, which is made up of a Legal Layer, focusing on the European Union context, and a Bias Management Layer, focusing on understanding, mitigating, and accounting for bias. (shrink)

A musical experience is marked by the synthesis of passion and rationality, emotion and understanding, and body and mind. Ferrara demonstrates that each method of musical analysis confines musical significance to a single level. He devises an "eclectic method" that provides bridges for musical sound, form, and reference. In response to the multiplicity of levels of musical significance Ferrara's eclectic method draws upon a wide-ranging number of conventional and nonconventional approaches to musical analysis which results in a dialectic of methods.

In this paper I respond to Lois McNay’s article “The politics of exemplarity: Ferrara on the disclosure of new political worlds.” After contextualizing her appraisal of my views on exemplarity within the current debate about critical theory and postcolonialism, and after clarifying my interpretation of Kant’s notion of sensus communis, I defend the function that this concept plays within an immanent and experience-near approach to critical theory. Sensus communis is what makes of a subjective grievance a cogent critique. I then (...) elucidate how the transcontextual communicability of human flourishing can be understood, along lines still compatible with Kant’s theory of judgment. In the final section of the paper, McNay’s suggestion to reconceptualize critique in experience-near terms is integrated as a genealogical reconstruction of sensus communis as nourished by encounters with experiences of injustice. (shrink)

After focusing on the understanding and the prospect of post-secular society (2008), probing the fruitfulness of expanding multiculturalism into multicultural jurisdictions (2009) and investigating a possible realignment of major liberal notions (2010), in 2011 the so-called ‘trap of resentment’ has been at the center of the Istanbul Seminars. The three sections of this special issue – which collects together the contributions discussed in Istanbul between 19 to 24 May 2011 – are devoted to various facets of the task of inverting (...) the trend and setting a virtuous circle of understanding and trust across cultural and religious divides: (a) identifying the sources and consequences of xenophobic and anti-Moslem resentment as well as the possible remedies (Abdullahi A. An-Na c im, Claus Offe, Rajeev Bhargava, Stefano Allievi, Volker Kaul, Ayan Kaya); (b) rethinking and redesigning the received models for the peaceful coexistence of diversity (Charles Taylor, Anthony Appiah, Alessandro Ferrara, Beate Roessler, David Rasmussen, Fuat Keyman); and (c) tracing and assessing the emerging patterns of the political transformation of Islam (Akeel Bilgrami, José Casanova, Fred Dallmayr, Zaid Eyadat, Dick Howard, Nouzha Guessous). (shrink)

The main purpose of the paper is to contribute to reconstructing the kind of normativity underlying Rawls’s notion of public reason and of the reasonable. The implicit target is the somewhat popular view according to which the transition from the framework of A Theory of Justice to that of Political Liberalism would entail a loss of normativity. On the contrary, the related ideas of public reason and the reasonable are argued to presuppose a notion of normativity – linked with judgment (...) – far more consistent with the premise of the fact of pluralism. After reconstructing Rawls’s notion of public reason, the two following problems are addressed: the problem of determining when allegedly shared truths, the building stones of public reason, are really such and, second, the problem of what it means for one reason to follow or proceed from a shared basis. In the context of such discussion three distinct meanings of the term ‘reasonable’ are identified, and the normatively more demanding one – the notion of some thesis or proposal being not just reasonable, but comparatively ‘more reasonable’ than another – is found to require that the reasonable be understood as the exemplary and, consequently, that we find ways to translate the Kantian doctrine of the exemplary yet universalist validity of aesthetic judgments into a non-aesthetic vocabulary. (shrink)

In this paper the notion of sensus communis, as articulated by Kant in the Critique of the Power of Judgment, is discussed from the vantage point of the author's project of exporting the model of exemplary universalism underlying reflective and, specifically, aesthetic judgment beyond the realm of aesthetics. In the first section, the relevance of such a project relative to an appraisal of the new and unsuperseded philosophical context opened by the Linguistic Turn is elucidated. Then the centrality of sensus (...) communis, for making sense of the specific universalism inherent in reflective judgment, is highlighted. In the second section, the limitations inherent in two opposite strategies for conceptualizing sensus communis are discussed: namely, the hermeneutic idea of a `horizon' and the phenomenological notion of a life-world on one hand, and the Kantian minimalist, naturalized concept of sensus communis on the other. The former is argued to become entangled in relativism, the latter to run against our intuitions concerning the inter-subjective constitution of the subject. In the final section, a third notion of sensus communis is offered, still compatible with the Kantian conception, different from the Gadamerian concept of a tradition or to the phenomenological notion of Lebenswelt, yet still capable of offering a plausible ground for the exemplary universalism of aesthetic judgment. Expanding on Kant's view of aesthetic pleasure, sensus communis is understood as consisting of a universal capacity, on the part of every human being, to sense from within a plurality of coordinates the flourishing of human life and what favours it. (shrink)

After focusing on the understanding and the prospect of post-secular society (2008), probing the fruitfulness of expanding multiculturalism into multicultural jurisdictions (2009) and investigating a possible realignment of major liberal notions (2010), in 2011 the so-called ‘trap of resentment’ has been at the center of the İstanbul Seminars. The three sections of this special issue – which collects together the contributions discussed in İstanbul between 19 to 24 May 2011 – are devoted to various facets of the task of inverting (...) the trend and setting a virtuous circle of understanding and trust across cultural and religious divides: (a) identifying the sources and consequences of xenophobic and anti-Moslem resentment as well as the possible remedies (Abdullahi A. An-Nacim, Claus Offe, Rajeev Bhargava, Stefano Allievi, Volker Kaul, Ayan Kaya); (b) rethinking and redesigning the received models for the peaceful coexistence of diversity (Charles Taylor, Anthony Appiah, Alessandro Ferrara, Beate Roessler, David Rasmussen, Fuat Keyman); and (c) tracing and assessing the emerging patterns of the political transformation of Islam (Akeel Bilgrami, José Casanova, Fred Dallmayr, Zaid Eyadat, Dick Howard, Nouzha Guessous). (shrink)