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)

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.

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)

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reason, liberalism makes this impossible and in the face of multiculturalism, difference, and the death of subject, are outdated.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)

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)

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 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)

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 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)

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)

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)

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.”.

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)

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)

Against pronouncements of the recent demise of both democracy and the political, I maintain that there is, rather, something amiss with the process of politicization in which social grievances are translated into matters of political concern and become objects of policy-making. I therefore propose to seek an antidote to the de-politicizing tendencies of our age by reanimating the mechanism that transmits social conflicts and grievances into politics. To that purpose, I formulate the notion of a ‘fundamental right to politics’ as (...) the opposite of the techne of policy-making. I articulate this right via a reconstruction of the logical presuppositions of democracy as collective self-authorship. I then recast the concept of non-domination by discerning two trajectories of domination – ‘relational’ and ‘systemic’ ones, to argue that in a viable democracy that makes full use of the right to politics, the dynamics of politicization should take place along both trajectories; currently, however, matters of systemic injustice get translated in relational terms and politicized as concerns for inclusion into and distribution within the existing system of social relations, rather than its radical overhaul. (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)

This article aims at exploring one specific facet of pluralism: How can we conceive of a variety of democratic cultures that are not just local adaptations of one basic western-centric understanding of the democratic ethos? Drawing on Islamic, Jewish, Hindu, Buddhist and Confucian sources, a convergence among diverse democratic cultures is cursorily highlighted on such elements as the priority of the common good, the acceptance of pluralism, the desirability of collegial deliberation, the equality of citizens, and the value of individuality. (...) Then two important points of dissonance are analysed in greater detail – the idea of the priority of rights over duties and the role of political conflict within a democratic polity – and shown not to be correlative with a divide between western and non-western contexts. Finally a typology of 4 kinds of democratic cultures is outlined. (shrink)

In this article, inspired by Whiteness Studies, I propose two concepts that allow us to see the question of ethnicity as well as the history of the Turkish Republic through the lens of privilege: Turkishness and the Turkishness Contract. By Turkishness, I mean a patterned but mostly unrecognized relationship between Turkish individuals’ ethnic position and their ways of seeing, hearing, feeling and knowing – as well as not seeing, not hearing, not feeling and not knowing. These ways and states of (...) Turkishness have been shaped by a set of written/unwritten and spoken/unspoken agreements among the Muslims of Anatolia. However, during the last 40 years, the Kurdish movement, by creating a military and civilian resistance with mass support, has challenged the fundamentals of the contract and therefore caused a dramatic crisis of identity and selfhood for Turkishness. (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.

This paper engages with Ferrajoli’s contribution to the philosophical debate on constitutional democracy and in particular his conception of ‘structural entrenchment’, or the basis upon which one can defend the normativity of the Constitution as ‘higher law’, which can trump or limit legislation, without infringing democratic principles. Ferrajoli’s own understanding of ‘structural entrenchment’ is compared to Rawls’s and Dworkin’s arguments in support of it. Ferrajoli’s position is neither grounded on a philosophy of history, as in Rawls, nor on a version (...) of moral realism, as for Dworkin, but on a formal understanding of the nature of fundamental rights, and in a conception of democratic sovereignty as ‘joint ownership.’. (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)

This article addresses the issue of future cosmopolitanism, building on a minimal reconstruction of what cosmopolitanism has been in the past. It will elucidate the notion of ‘political’ cosmopolitanism in its relation to a certain methodological option which is designated by the shorthand term ‘judgment’. Cosmopolitanism is not a new idea but a new version of it is constituted by ‘political’ cosmopolitanism, bound up with a judgmentbased, as opposed to principle-based, understanding of normativity.

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.

This is the text of a conversation that follows up on Roberto Farneti’s article “A Minor Philosophy: The State of the Art of Philosophical Scholarship in Italy” published in Philosophia 38 (1) 2009: 1–28. After a brief introductory note that details the reception of the article in Italy, Ferrara and Farneti engage in a conversation on the notion of “minor philosophy” and on the meaning and future of philosophizing “from the periphery” in a globalized world. The text is followed by (...) a short Appendix, a reply to Annalisa Coliva’s commentary on Farneti’s article. (shrink)

The contributions grouped in this special section on ‘Realizing social freedom: a conversation on Honneth’s idea of socialism’ critically engage Honneth’s latest philosophical production and addres...

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)

Il saggio prende in esame due punti della teorizzazione di Harry Frankfurt in merito alla moral agency. Il primo è la corretta concettualizzazione del momento della ‘decisione’ all’interno del­­la ca­tena deliberativa. Vengono esaminati tre passaggi critici: a) la base normativa a cui la decisione ri­spon­de; b) la teoria della ‘unificazione della persona’ attraverso la decisione e c) la distinzione fra ‘scelta’ e ‘decisione’. Il secondo punto è l’ambiguità in­sita nel concetto di ‘doveri d’amore’ pro­posto da Frankfurt. A questo pro­posito vengono (...) esaminate: a) la di­stin­zione fra amore ‘attivo’ e ‘passivo’ e b) la mancata tematizzazione della ‘legittimità del­l’a­more’, ovvero del rap­porto fra l’a­more in quanto relazione sociale e i quadri interpretativi del­la cul­tura entro cui si sviluppa.In this paper two aspects of Harry Frankfurt’s theory of moral agency will be examined. First, his conceptualization of the moment of ‘decision’ wi­thin the deliberative chain will be addressed. Three critical junctures will be dis­cussed: a) the normative basis of the actor’s ‘decision’; b) Frankfurt’s view of the ‘unification’ of the person via decision and c) his distinction of ‘choice’ and ‘decision’. The second point addressed is the ambiguity in­herent in Frankfurt’s notion of ‘duties of love’. With regard to this notion, the following points will be discussed: a) the distinction between ‘active’ and ‘passive’ love and b) Frankfurt’s neglect of the dimension of the ‘le­gi­timacy of love’, i.e. of the nexus of love qua social relation and the inter­pre­tive cadres of the culture within which it unfolds. (shrink)

[Two notions of humanity and the judgment argument for human rights].