The article deals with the problem of moral justification of humanitarian intervention by modern just war theorists. At the beginning of the article, we discuss the evolution of the dominant paradigms of the moral justification of war and explain why the theory and practice of humanitarian intervention appears only at the present stage of the development of ethics and the law of war. It is noted that theorization of humanitarian intervention began in the last decades of (...) the 20thcentury. This is due to a significant transformation, a retreat in the legal and ethical studies of war from the position of radical condemnation of aggressive actions and the recognition of the political subjectivity of non-state groups. Thus, there is a rethinking of the long tradition, the Westphalian system of international relations, according to which the state was recognized as the main participant of big politics, and its sovereign right to conduct domestic policy was considered indisputable. Further, we take the works of Michael Walzer as the main source of modern conceptualization of the ethics of humanitarian interventionism, since Walzer repeatedly addressed this topic and formulated a position on this issue that is representative of the entire modern Just War Theory. The arguments of Walzer and his supporters in favor of the moral justification of humanitarian intervention are considered. Among them are the following. First, the argument about the state as an organization which goal is to protect the rights of its own citizens. If this goal is not not achieved, the state shall loose its power over these people and in this territory. Second, Walzer calls for identifying governments and armed forces involved in mass murders as criminal and, therefore, deserving of punishment. Finally, there is, perhaps the most important, demonstrative argument: an appeal to the self-evident impossibility to stand aside in cases of mass violence in any state. This is followed by a critique of these arguments, as well as a demonstration of how the modern Just War Theory can respond to these criticisms. (shrink)

In bioethics, discussions of justice have tended to focus on questions of fairness in access to health care: is there a right to medical treatment, and how should priorities be set when medical resources are scarce. But health care is only one of many factors that determine the extent to which people live healthy lives, and fairness is not the only consideration in determining whether a health policy is just. In this pathbreaking book, senior bioethicists Powers and Faden confront foundational (...) issues about health and justice. How much inequality in health can a just society tolerate. The audience for the book is scholars and students of bioethics and moral and political philosophy, as well as anyone interested in public health and health policy. (shrink)

: The increasing reliance upon, and perhaps the growing public and professional skepticism about, the special expertise of bioethicists suggests the need to consider the limits of moral expertise. For all the talk about method in bioethics, we, bioethicists, are still rather far off the mark in understanding what we are doing, even when we may be going about what we are doing fairly well. Quite often, what is most fundamentally at stake, but equally often insufficiently acknowledged, are inherently (...) political, essentially contested visions of the most compelling and attractive forms of life for individuals and social organization. The current situation in bioethics parallels similar debates in eighteenth-century jurisprudence, especially Jeremy Bentham's withering critique of the prevalent forms of judicial argument and his own, equally unsuccessful, attempt to develop a decision-making procedure in ethics that would operate on a plane above politics. The risk, both then and now, is that we will fail to appreciate the wide range of reasonable disagreement that will remain past the point of extended reflection and discussion. (shrink)

Basing its understanding on the two uses of the notion of violence in Honneth’s theory of recognition, this paper aims at developing a framework for the analysis of the thesis of the moral justification of political violence, whenever forms of political violence can be defined as legitimate struggles of recognition. Its contention is that the requalification of some forms of collective violence as recognition conflicts makes it possible to establish a hierarchy of justification for forms (...) of violence which cannot be constructed through a priori criteria, but should rather be the result of a descriptive social philosophy enquiry. (shrink)

Examines the moral and political philosophies of John Locke in comparison with his predecessors and contemporaries such as Hobbes and Filman.

Many of the contemporary disagreements regarding privacy are conceptual in nature. They concern the meaning or definition of privacy and the analytic basis of distinguishing privacy rights from other kinds of rights recognized within moral, political, or legal theories. The two main alternatives within this debate include reductionist views, which seek a narrow account of the kinds of invasions or intrusions distinctly involving privacy losses, and anti-reductionist theories, which treat a much broader array of interferences with a person (...) as separate and irreducible kinds of privacy invasions. Other theorists have expressed doubts about the prospects for achieving greater analytical precision even within a fairly expansive anti-reductionist approach. However, a reductionist privacy definition is defended in this article, and its primary theoretical virtues are its ability to unify and explain the insights of several competing definitions and its role in developing an account of privacy rights that is both internally coherent and consistent with a plausible understanding of the theoretical basis for a number of related rights. (shrink)

Broadly speaking, the principle of public justifiability requires that the exercise of political power be justifiable to each and every person over whom that power is exercised. The idea of being justifiable to every person means being acceptable to any reasonable or otherwise qualified person, without such persons having to give up the comprehensive religious or philosophical doctrine they reasonably espouse. Public justifiability thus involves a partly idealized unanimity requirement, or as I will say, a criterion of (...) multi-perspectival acceptability. The demand for public justifiability can be specified in different ways, depending on what exactly has to be publicly justifiable, who is supposed to apply the principle, who counts as reasonable or otherwise qualified, and so on. One of these dimensions concerns the notion of acceptability. Should we care about acceptability to each reasonable perspective, based on all of the reasons that perspective accepts, or should we care about acceptability to all, based on only those reasons that all reasonable perspectives accept? This choice has been referred to by the distinction between "consensus" and "convergence." Sometimes people agree about practical conclusions but for different reasons, in which case their reasoning can be said to converge from different moral or philosophical starting points. Other times, people agree about their moral or philosophical starting points, but reach different practical conclusions, based on different beliefs about the factual context, different rankings of shared concerns, or different judgments about how to apply these concerns to specific situations. (shrink)

Broadly speaking, the principle of public justifiability requires that the exercise of political power be justifiable to each and every person over whom that power is exercised. The idea of being justifiable to every person means being acceptable to any reasonable or otherwise qualified person , without such persons having to give up the comprehensive religious or philosophical doctrine they reasonably espouse. Public justifiability thus involves a partly idealized unanimity requirement, or as I will say, a criterion (...) of multi-perspectival acceptability. The demand for public justifiability can be specified in different ways, depending on what exactly has to be publicly justifiable, who is supposed to apply the principle, who counts as reasonable or otherwise qualified, and so on. One of these dimensions concerns the notion of acceptability. Should we care about acceptability to each reasonable perspective, based on all of the reasons that perspective accepts, or should we care about acceptability to all, based on only those reasons that all reasonable perspectives accept? This choice has been referred to by the distinction between "consensus" and "convergence." Sometimes people agree about practical conclusions but for different reasons, in which case their reasoning can be said to converge from different moral or philosophical starting points. Other times, people agree about their moral or philosophical starting points, but reach different practical conclusions, based on different beliefs about the factual context, different rankings of shared concerns, or different judgments about how to apply these concerns to specific situations. (shrink)

The moral economics of the Islamic Action Front, the partisan wing of the original Jordanian Muslim Brotherhood, is both defined and compromised by internal inconsistency. Similar to others that might be classified as a socially conservative, religiously-oriented political party, the Islamic Action Front pledges a paternalist commitment to the poor only to undermine the already limited prospects of such paternalism through the adoption of charity-based approaches to social welfare and through their more general advocacy for economic liberalization, free (...) markets, capital mobility, and private initiative. How can one best explain both the contradictions constituting the Islamic Action Front’s economics and the political implications contained within such an economic agenda? This article will review the intersection of local class structure, party ideology, and history so to furnish an answer. (shrink)

Franklin I. Gamwell, Existence and the good: metaphysical necessity in morals and politics Content Type Journal Article Category Book Review Pages 1-5 DOI 10.1007/s11153-012-9347-4 Authors William L. Power, Department of Religion, The University of Georgia, Athens, GA 30602, USA Journal International Journal for Philosophy of Religion Online ISSN 1572-8684 Print ISSN 0020-7047.

I put equality at the center of John Stuart Mill's practical philosophy. His principle of "perfect equality" embodies a substantive relational ideal, which I call "equality as reciprocity." This ideal requires removing injustices due to domination and subjection in human associations, including the family. Justice grounded on perfect equality must be the basis of personal, social, and political life, because the moral sentiments, chief among human beings' "higher" faculties, find adequate channels only under equality. Genuine happiness, which involves (...) the exercise and development of these faculties, is open only to those who relate as equals. Thus, on my account, equality as reciprocity adds substance to Mill's liberalism. ;In The Subjection of Women, Mill appealed to his view of human progress to argue for perfect equality. He maintained that this ideal is not appropriate for all times, but required for human improvement and a part of everyone's good under conditions of "modernity." Modern democratic cultures embrace such "progressive" human interests as equal justice, sympathy, and cooperation. Replacing the archaic command and obedience ethic with the nonhierarchical pattern of reciprocity would bring out human beings' "true virtue": living as equals. Inequality, and the exercise of unjust power generally, corrupts everyone's moral character and thwarts human flourishing. All other things equal, egalitarian relations are a critical part of anyone's autonomously chosen plan of life. Given human sociability, any other choice would impoverish a person's life. ;It is clear from Mill's argument for perfect equality that Mill was not a classical utilitarian. He conceived of utility broadly, as concerning progressive human interests, and argued for educating the "moral part" of human nature through just institutions and social practices. He believed that strengthening equal justice, the chief moral sentiment, is a central requirement of utility, because of the importance of other-regarding sentiments to a good human life. Thus, on my account, Mill's "enlarged" account of utility supports his substantive egalitarianism. His defense of perfect equality is utilitarian only in his idiosyncratic sense. (shrink)

Linguistic justice is about institutions distributing material and symbolic resources fairly when they are faced with linguistic diversity. However, no theory of linguistic justice has developed a systematic and comprehensive account of the moral dilemmas that take place in interpersonal linguistic relationships, in particular the power dynamics leading to (linguistic) domination. The aim of this article is to start building a general theory of linguistic domination, one that offers new conceptual tools for both empirical and normative analyses of (...) linguistically diverse societies. Using the republican tradition of thought, I argue that there is linguistic domination whenever someone is subject to the uncontrolled capacity for interference over their linguistic uses, ideology and acquisition by another agent. This article tests under what conditions this phenomenon takes place and the parties involved in it (both in terms of individuals and political institutions). (shrink)

Claims concerning the death of the nation-state are often accompanied by postnationalist arguments that emphasize the potential of human rights to contest nation-bounded conceptualizations of membership. Conversely, arguments focusing on the continuing importance of state-bounded social citizenship rights undermine such postnationalist claims. To assess these claims, this article turns to the Irish state and its prohibition of abortion except in cases where the life of the pregnant woman is in danger. The authors focus their analysis on four legal cases that (...) unfolded between 1992 and 2010. These cases reflect how specific women’s social location within interconnected power hierarchies of nationality, gender, class, race/ethnicity positioned them differently vis-a-vis the Irish state, international and supranational bodies. Furthermore, the transnational, in the form of immigration, non-governmental organizations and the Catholic Church, plays an important role in structuring the context within which these cases unfold. Rather than showing that the international, supranational and transnational are conduits for the declining power of the nation-state, this article finds that in the increasingly dense legal-political field there is room for all of these forces. (shrink)

El presente trabajo investiga las tesis sobre el poder civil de Alonso de la Veracruz que buscan incorporar en la comunidad política española a los habitantes autóctonos del Nuevo Mundo, tesis que suelen relacionarse con F. de Vitoria y el tomismo español, y que últimamente son consideradas parte del republicanismo novohispano elaborado desde la periferia americana. Se busca demostrar que su propósito era aplicar una teoría de derechos naturales, sin que ello implique participación política de los indios americanos. Se analiza (...) la postura del fraile frente a la diversidad cultural y la guerra contra los indios. The paper explores Alonso de la Veracruz's theses on civil power, which sought to integrate the native inhabitants of the New World into the Spanish political community. These theses, which have usually been associated with F. de Vitoria and Spanish Thomism, have recently come to be considered part of a Novohispanic republicanism developed in the American periphery. The article seeks to show that the purpose of such theses was to apply a theory of natural rights that did not entail the political participation of the indigenous population, as well as to analyze Veracruz's position regarding cultural diversity and the war against the indigenous peoples. (shrink)

Discusses the respects in which religiously grounded considerations can have an appropriate---even important--role in the public and political discourse of a liberal polity. Examines the role tradition can have in enabling people to attain a reasoned justification for moral ideas and ideals, i.e., tradition is not always an impediment to universally valid or objective considerations. Also, discusses respects in which modern liberalism owes an important debt to religious ideas.

I outline Rawls's theory of justification, highlighting its philosophical and pragmatic conditions. I argue that the theory has remained essentially unchanged since his earliest methodological writings, and that his recent writings have sought to show how "justice as fairness" can satisfy these conditions, given Rawls's new construal of the "fact of pluralism" which theories of justice designed for modern Western liberal democracies must address. I argue that neither Rawls's revised conception of reflective equilibrium, based on the "fixed points" of (...) such societies' political cultures rather than on individuals' "considered moral judgments" nor the newer notion of "overlapping consensus", succeed in justifying "justice as fairness" according to the terms of Rawls's theory of justification. (shrink)

In the first part of the article the concept of associative duties and their justification as distinctive from general moral duties are analyzed. The second part considers associative duties to fellow citizens and distinguishing features of those duties such as reciprocity, mutuality and equal status. In the final part the author deals with specific cases concerning refugees and stresses arguments as to why the associative duties of cocitizens should overcome duties to refugees, as well as the failures of (...) those arguments. It is argued that the status of refugees is different from the status of other non-citizens, such as immigrants, due to the lack of institutional representation and protection. (shrink)

RESUMEN: La época moderna como es sabido modificó el sentido de la autoridad, porque venía a impugnar la auctoritas y la potestas de la todopoderosa Iglesia de Roma y, con ello, se quería sustituir la autoridad del papa por la de la conciencia de cada uno, es decir, la razón individual o subjetiva se constituye en la nueva autoridad. Fue Hegel quien, en su filosofía política, da un lugar central a la noción de Estado, constituyendo la culminación del pensamiento moderno (...) y fuente de gran parte de la crítica de la modernidad y del pensamiento contemporáneo en general, en sus vertientes ideológicas de izquierda, centro y derecha.ABSTRACT: The modern epoch since it is known it modified the sense of the authority, because it was coming to contest it auctoritas and potestas of the all-powerful Church of Rome and, with it, the authority of the dad wanted to be replaced with that of the conscience of each one, that is to say, the individual or subjective reason is constituted in the new authority. It was Hegel, who in his political philosophy, gives a central place to the notion of State, constituting the culmination of the modern thought and source of great part of the critique of the Modernity and of the contemporary thought in general, in his ideological slopes of left side, center and right.PALABRAS CLAVE: época moderna, estado hegeliano, auctoritas y potestasKEYWORDS: modern epoch, hegelian state, auctoritas and potestas. (shrink)

This paper argues that the moral legitimating reasoning of terra nullius assumed an under-recognised, different guise in the later years of colonial justification in the form of trusteeship. The idea of terra nullius has a central place in the political thought of thinkers such as Grotius and Locke. Although terra nullius, consolidated in European colonial thought in the early modern period, differed conceptually from the doctrine of trusteeship as the colonial legitimation for Africa, both instituted a (...) class='Hi'>moral justification for the appropriation of native land, and of empire itself. The contention is that the trajectory from the one doctrine to the other was aligned with the change in the underlying moral framework of the rights and duties of Europeans and non-Europeans. In the early days of colonisation, there was a certain permissiveness on the part of the colonisers to appropriate the land of American Indians. By the late nineteenth century this seemed to change into a moral requirement for civilising the native Africans. Edmund Burke's conceptualisation of trusteeship illustrates the way in which traditionally conceived natural rights were transformed into fundamental social rights, and central to this idea was the expansion of European ?civilised? moral communities on which rights now depended. (shrink)

Philosophical interest in state power has tended to focus on the state’s coercive powers rather than its expressive powers. I consider an underexplored aspect of the state’s expressive capacity: its capacity to use symbols (such as monuments, memorials, and street names) to promote political ends. In particular, I argue that the liberal state’s deployment of symbols to promote its members’ commitment to liberal ideals is in need of special justification. This is because the state’s exercise of its (...) capacity to use symbols may be in tension with respecting individual autonomy, particularly in cases in which the symbols exert influence without engaging citizens’ rational capacities. But despite the fact that the state’s deployment of symbols may circumvent citizens’ rational capacities, I argue that it may nonetheless be permissible when surrounded by certain liberal institutions and brought about via democratic procedures. (shrink)

Introduction: the foundation of justice -- Practical reason and justifying reasons: on the foundation of morality -- Moral autonomy and the autonomy of morality : toward a theory of normativity after Kant -- Ethics and morality -- The justification of justice: Rawls's political liberalism and Habermas's discourse theory in dialogue -- Political liberty: integrating five conceptions of autonomy -- A critical theory of multicultural toleration -- The rule of reasons: three models of deliberative democracy -- Social (...) justice, justification, and power -- The basic right to justification: toward a constructivist conception of human rights -- Constructions of transnational justice: comparing John Rawls's the law of peoples and Otfried Höffe's democracy in an age of globalisation -- Justice, morality, and power in the global context -- Toward a critical theory of transnational justice. (shrink)

Philosophical interest in state power has tended to focus on the state’s coercive powers rather than its expressive powers. I consider an underexplored aspect of the state’s expressive capacity: its capacity to use symbols (such as monuments, memorials, and street names) to promote political ends. In particular, I argue that the liberal state’s deployment of symbols to promote its members’ commitment to liberal ideals is in need of special justification. This is because the state’s exercise of its (...) capacity to use symbols may be in tension with respecting individual autonomy, particularly in cases in which the symbols exert influence without engaging citizens’ rational capacities. But despite the fact that the state’s deployment of symbols may circumvent citizens’ rational capacities, I argue that it may nonetheless be permissible when surrounded by certain liberal institutions and brought about via democratic procedures. (shrink)

Democracy has been a flawed hegemony since the fall of communism. Its flexibility, its commitment to equality of representation, and its recognition of the legitimacy of opposition politics are all positive features for political institutions. But democracy has many deficiencies: it is all too easily held hostage by powerful interests; it often fails to advance social justice; and it does not cope well with a number of features of the political landscape, such as political identities, boundary disputes, (...) and environmental crises. Although democracy is valuable it fits uneasily with other political values and is in many respects less than equal to the demands it confronts. In this volume prominent political theorists and social scientists present original discussions of such central issues. Democracy's Values deals with the nature and value of democracy, particularly the tensions between it and such goods as justice, equality, efficiency, and freedom. (shrink)

Contractarianism in some form has been at the center of recent debates in moral and political philosophy. Jean Hampton was one of the most gifted philosophers involved in these debates and provided both important criticisms of prominent contractarian theories plus powerful defenses and applications of the core ideas of contractarianism. In these essays, she brought her distinctive approach, animated by concern for the intrinsic worth of persons, to bear on topics such as guilt, punishment, self-respect, family relations, and (...) the maintenance and justification of the state. Edited by Daniel Farnham, this collection is an essential contribution to understanding the problems and prospectus of contractarianism in moral, legal and political philosophy. (shrink)

The political discourse of Rafael Caldera and Carlos Andrés Pérez is here analyzed. Thess leaders share features in exercising power as presidents of Venezuela, and in their being members of the traditional political parties that ruled the country in the second half of the XXth century. A crit..

Should facts about motivation play a role in the justification of political ideals? Many theorists argue that political ideals should be tailored to the limitations of human nature—‘taking people as they are’—while others maintain that facts about motivation should be excluded. This article offers a critical intervention in this debate: the important question is not so much whether people can motivate themselves, or whether they are capable of being motivated, but what social mechanisms would be required to (...) motivate them, and whether these mechanisms are legitimate. Reframing the question of motivation as a political question of legitimacy, I argue that if people could only be motivated to act through illegitimate use of power, the ideal in question cannot be fully justified. (shrink)

This article examines Machiavelli’s image of humanity. It argues against the prevailing views that characterize it either as pessimistic or optimistic and defends the thesis that the Florentine has a realist image of humanity. Machiavelli is a psychological egoist who conceives of man as a being whose actions are motivated by his drives, appetites, and passions, which lead him often to immoral behavior. Man’s main drives are “ambition” (ambizione) and “avarice” (avarizia). This article also investigates Machiavelli’s concept of nature and (...) shows that, for him, the constancy of human nature is the central premise that makes the scientific analysis of politics possible. Despite the fact that human drives and capabilities are the same at all times, good laws, military training, and religion allow man to be changed and educated toward “virtue” (virtù). To make such changes in man, however, presupposes a good legal and political order. Machiavelli justifies the state because of its capacity to reshape human nature and to improve man. The state is not only a coercive power but a moral institution. This leads to the conclusion that Machiavelli does not separate politics from morality as most scholars claim. (shrink)

The article deals with the main ideas of the political philosophy of Abu Abdallah Ibn al-Azraq al-Garnati (1427-1491), a well-known Muslim statesman, supreme judge of Granada, lawyer, diplomat, supporter of Arab Muslim peripatetism, a student of the outstanding thinker of the Muslim Middle Ages Ibn Khaldun (1332-1406). In the history of the political philosophy of the Muslim East, a number of major transformations in the development of the Arab Caliphate from the Medina state of the prophet to the (...) Sultanate in the Abbasid period should be noted, which were reflected in the development of the theory of the Arab-Muslim state (caliphate). The main problem of the theory of the caliphate was connected with the question of the relationship between power and authority in the context of the moral foundations of the state. The creative heritage of Ibn al-Azraq is mainly known for his work in the genre of adab ("mirrors of princes") “Miracles on the way, or the Nature of dominion”. The treatise became a classic of the political philosophy of the Muslim Middle Ages, in which, under the influence of Aristotelian ideas, a special place was given to the moral foundations of power and the state, that is, ethics was considered as a political science. In the form of instructive parables, the rulers and heirs to the throne were explained the basics of state administration as part of their studies and education. His doctrine of the virtues can be viewed as ethical rationalism with a belief in the moral perfection of people in power and subjects of the state. Since morals are largely acquired and a person can control them, the task of purifying his own morals and curing them is entrusted to him. In addition, accordingly, it is possible and necessary to cultivate virtues in rulers, since the well-being of the state and the ummah depends on their morals. The moral foundations of power determine the strength of political authority. (shrink)

Public reason accounts commonly claim that exercises of coercive political power must be justified by appeal to reasons accessible to all citizens. Such accounts are vulnerable to the objection that they cannot legitimate coercion to protect basic liberal rights against infringement by deeply illiberal people. This paper first elaborates the distinctive interpersonal conception of justification in public reason accounts in contrast to impersonal forms of justification. I then detail a core dissenter-based objection to public reason based (...) on a worrisome example advanced by Jonathan Quong. While we may be able to impersonally justify coercing the illiberal dissenter, public reason liberals must explain how we can interpersonally justify such coercion—meaning justify given the perspective of the dissenter. The two prominent strategies for dealing with dissenters involve idealization of reasoning and requiring liberal values; I show that these strategies do not succeed in a way compatible with the public reason project. That is, the prominent strategies leave public reason theorists with a dilemma between denying the legitimacy of using coercion to protect core freedoms against deeply illiberal people or abandoning the fundamental public reason project. I conclude by proposing a different answer to public reason liberalism’s fundamental question: what requires justification? On my account, it is not that coercion requires interpersonal justification for its permissibility, but that such justification is necessary as a constitutive element of a kind of moral community. (shrink)

Does the wide distribution of political power in democracies, relative to other modes of government, result in better decisions? Specifically, do we have any reason to believe that they are better qualitatively – more reasoned, better supported by the available evidence, more deserving of support – than those which have been made by other means? In order to answer this question we examine the recent effort by Talisse and Misak to show that democracy is epistemically justified. Highlighting the (...) strengths and weaknesses of their arguments, we conclude that the differences between an epistemic conception of democracy and an epistemic justification of democracy are fundamental to determining the relative attractions of different arguments for democracy, and their implications for actual forms of government. -/- . (shrink)

This is the first of two companion articles drawn from a larger project, provisionally entitled Undisciplining Moral Epistemology. The overall goal is to understand how moral claims may be rationally justified in a world characterized by cultural diversity and social inequality. To show why a new approach to moral justification is needed, it is argued that several currently influential philosophical accounts of moral justification lend themselves to rationalizing the moral claims of those with (...) more social power. The present article explains how discourse ethics is flawed just in this way. The article begins by identifying several conditions of adequacy for assessing reasoning practices designed to achieve moral justification and shows that, when used in contexts of cultural diversity and social inequality, discourse ethics fails these conditions. It goes on to argue that the failure of discourse ethics is rooted in its reliance on a broader conception of moral epistemology that is invidiously idealized. It concludes by pointing to the need to rethink both the mission and the method of moral epistemology. (shrink)

This article asks whether a myth can be collapsed into history by describing the material signs of memory as "evidence." In a story dear to the Venetian hearts, in 1177 the Republic of Venice defeated the imperial fleet and brought peace back to Italy. For centuries, this narrative was recounted and its truth upheld against growing political and scholarly criticism, first through the ritual display of evidence, then through its discussion in a large literary production. In the seventeenth century, (...) it is argued, the notion of evidence was abandoned in favor of the sheer affirmation of power. (shrink)

The paper focuses on John Rawls’ theory of political obligation. Rawls bases political obligation on our natural duties of justice, which are mediated to us by our sense of justice. Therefore the justification of political obligation also requires moral justification: the justification of the principles of justice. In the paper I first investigate that part of Rawls’ argument that has the role of justification: the method of reflective equilibrium. This method raises several (...) problems, the most severe of which is that it neglects the fact of pluralism. The second part of the paper deals with this problem. I analyse how Rawls’ theory and his method of justification has changed as a result of taking into account the fact of pluralism. Finally, building on the demands of pluralism and the shortcomings of the Rawlsian answer, I present a possible theory of political obligation. This theory is grounded in the interpretation of the community’s political culture while fitting it into a discourse-based theoretical framework. (shrink)

The thesis analyses the relation between Rousseau’s musical writings and elements of his moral, social and linguistic philosophy. In particular, I am concerned to demonstrate: (i.) how the core of Rousseau’s theory of musical imitation is grounded in the same analysis of the nature of man which governs his moral and social philosophy; (ii.) how this grounding does not extend to the stylistic prescriptions the justification of which Rousseau intended his musical writings to offer. The central argument (...) draws on Rousseau’s analysis of the origin of man as distinctively human. This origin extends to the awareness of moral and aesthetic value, and to communication in speech and song. Rousseau’s moral analyses of social and political life usually take the form of relating contemporary practice to the original structure in which man’s awareness of his own good is commensurate with that of the good of others. The analysis of music follows a similar model: music is to be considered good in so far as it replicates, or faithfully reflects, the original model of communication. The value of music is thereby understood to extend to moral as well as aesthetic goodness. Given the subtlety of Rousseau’s understanding of the ‘origin’, I argue that this analysis of music’s aesthetic value is powerful and far‐ reaching in its relevance for contemporary musical aesthetics. However, I also argue that while the analysis in general is good in this way, it does not entail the specific kind of musical‐stylistic preferences which Rousseau sought to use it to advance. (shrink)

In his Groundwork of the Metaphysics of Morals , Kant explains that ethics, like physics, ‘will have its empirical part, but it will also have a rational part, … though here [in ethics] the empirical part might be given the special name practical anthropology’ . In the Groundwork, Kant suggests that anthropology, or the ‘power of judgment sharpened by experience’, has two roles, ‘to distinguish in what cases [moral laws] are applicable’ and ‘to gain for [moral laws] (...) access to the human will’ . Twelve years later, the first function, of applying the categorical imperative to specifically human situations, is incorporated into Kant's Metaphysics of Morals. (shrink)

The companion piece to this article, “Situating Moral Justification,” challenges the idea that moral epistemology's mission is to establish a single, all-purpose reasoning strategy for moral justification because no reasoning practice can be expected to deliver authoritative moral conclusions in all social contexts. The present article argues that rethinking the mission of moral epistemology requires rethinking its method as well. Philosophers cannot learn which reasoning practices are suitable to use in particular contexts exclusively (...) by exploring logical relations among concepts. Instead, in order to understand which reasoning practices are capable of justifying moral claims in different types of contexts, we need to study empirically the relationships between reasoning practices and the contexts in which they are used. The article proposes that philosophers investigate case studies of real-world moral disputes in which people lack shared cultural assumptions and/or are unequal in social power. It motivates and explains the proposed case study method and illustrates the philosophical value of this method through a case study. (shrink)

This is the first of two companion articles drawn from a larger project, provisionally entitled Undisciplining Moral Epistemology. The overall goal is to understand how moral claims may be rationally justified in a world characterized by cultural diversity and social inequality. To show why a new approach to moral justification is needed, it is argued that several currently influential philosophical accounts of moral justification lend themselves to rationalizing the moral claims of those with (...) more social power. The present article explains how discourse ethics is flawed just in this way. The article begins by identifying several conditions of adequacy for assessing reasoning practices designed to achieve moral justification and shows that, when used in contexts of cultural diversity and social inequality, discourse ethics fails these conditions. It goes on to argue that the failure of discourse ethics is rooted in its reliance on a broader conception of moral epistemology that is invidiously idealized. It concludes by pointing to the need to rethink both the mission and the method of moral epistemology. (shrink)

The companion piece to this article, “Situating Moral Justification,” challenges the idea that moral epistemology's mission is to establish a single, all‐purpose reasoning strategy for moral justification because no reasoning practice can be expected to deliver authoritative moral conclusions in all social contexts. The present article argues that rethinking the mission of moral epistemology requires rethinking its method as well. Philosophers cannot learn which reasoning practices are suitable to use in particular contexts exclusively (...) by exploring logical relations among concepts. Instead, in order to understand which reasoning practices are capable of justifying moral claims in different types of contexts, we need to study empirically the relationships between reasoning practices and the contexts in which they are used. The article proposes that philosophers investigate case studies of real‐world moral disputes in which people lack shared cultural assumptions and/or are unequal in social power. It motivates and explains the proposed case study method and illustrates the philosophical value of this method through a case study. (shrink)