The author of the article assumes that any human activity is normative. In the case of philosophical discourse, the normative ground is its indispensable condition, which makes it possible to compare the foundations of philosophy and other scientific disciplines. The norm (law) has, on the one hand, descriptive content related to the description of the noumenal world, and, on the other, prescriptive content related to the counterfactuality of what ought to be. The author emphasizes that the functional (...) aspect of a norm is that it is a means of socially integrating the behavior of people and social groups into a whole. Due to the requirements and requirements of society, social groups are transformed into standards, models, standards of modal and obligatory behavior of the representatives of these groups, performing the function of motivation, orientation and legitimacy. In the second part of the article, the author focuses on a narrower understanding of discourse as speech, dialogue, discussions, which presuppose argumentation based on certain principles, rules, rules and regulations. This interpretation of discourse is peculiar to representatives of the ethics of discourse (K.-O. Apel, Y. Habermas, D. Böhler, V. Kulman, G. Gronke, etc.). Within ethics, principles, imperatives, rules, norms and guidelines both normalize the discourse and substantiate this discourse. Adherence to these principles, rules, norms, and guidelines ensures the normative coherence of discourse as the instance of consensus building on the basis of revealing the performative contradiction of the statement. The normative coherence of discourse is also the basis for its functioning as a meta-institution of justification of social (moral, legal) norms and legitimation of institutions of deliberative democracy in a society of communication and dialogical civilization. Summarizing, the author formulates generalized requirements-guidelines that make it possible to implement the principles, norms and rules of discourse as a meta-institutional instance of society. (shrink)

_Purpose._ The authors of this paper seek to comprehend, on the basis of ethics of discourse and communicative philosophy, the dimensions of human existence in times of war. This involves solving the following research tasks: to show the importance of moral and ethical norms in the structure of human existence and to emphasize the need for their observance by a person in the realities of war; to find out what the role of responsibility and co-responsibility is in preserving the (...) space of human existence in times of war; to explore the influence of discourse on the establishment of rational and social dimensions of human existence, formation of communicative space of understanding. _Theoretical basis._ The ideas of communicative philosophy and principles of discourse ethics, focused on the problems of substantiating ethical norms and values in their relationship with the human life world, and its activities are underlying the research. The analysis of human existence in times of war was carried out considering the theoretical and methodological foundations of philosophical anthropology. _Originality._ It is substantiated that the recognition of the universality of moral norms and values, and the productive power of communication contribute to deepening the understanding of the complexity and versatility of human existence in times of war. It has been determined that human existence’s rational and moral dimensions acquire particular significance in the context of russian aggression against Ukraine. The role of discourse was defined for affirming the humanistic foundations of human existence, in achieving cohesion, interaction, social solidarity, which is a condition for human development as a collective and unique being. It is noted that in war conditions the value of individual forms of human existence is complemented by the obligatory responsibility and co-responsibility for a person, awareness of the significance of coexistence in a situation where there is a threat to human life. _Conclusions._ The study of human existence involves the use of the methodological potential of discourse ethics, the significance of the ideas of which is increasing in the modern world because of the dangers caused by russian aggression against Ukraine. The recognition of the power of universal moral norms and the productive power of communication results in the affirmation of the humanistic foundations of human existence, the formation of the communicative space of understanding and consent necessary for a person. In times of war, the need for communicative rationalization of human existence, awareness of the value of morality and human humanity becomes obvious. (shrink)

In recent years we have seen a newfound engagement with Jürgen Habermas's work in philosophy of education, focusing on his conception of argumentative dialogue, or discourse, as the origin of both truth-related epistemic judgments and justifications of moral norms that claim rightness rather than truth. In this article, Krassimir Stojanov first reconstructs the way in which Habermas determines the relation between truth and rightness, and he then shows that moral rightness functions as a “truth-analogue” since moral norms, like true (...) facts, transcend the actual and local practices of their justification. In the case of moral rightness, this transcendence occurs as an infinite process of inclusion of the perspectives and interests of all potentially concerned persons — also (and foremost) the perspectives and interests of those who are strange to each other in their respective values, worldviews, and interests. With this account of “truth-analogue” moral rightness, Habermas conceptualizes a kind of processual and “difference-sensible” universalism, which is very different from the substantialist universalism of some traditional conceptions of education, or Bildung. In the final section, Stojanov shows why including children in their otherness as children in the discursive process of production of moral knowledge, and thus treating them with a kind of epistemic respect, is a constitutive condition for that process. The demand for the discursive inclusion of children follows from the discourse ethics approach, but it requires an enlargement and some corrections of that approach. (shrink)

Discursive theories of justice have been questioned for putting forward high-level principles that should nevertheless play a role in practical discourses in which the justice of a claim is at stake. Here, I will critically examine and systematize the main tenets in Rawls’s and Habermas’s discursive theories, and will suggest that the principles of justice (Rawls) and universalization (Habermas) can and play the role of mandates of optimalization in real deliberations on justice.

The article aims at organizing multifaceted discourse on the concept of nondirectiveness in the practice of genetic counseling. The analysis of areas where nondirectiveness was invoked and discussed reveals the problematic confusion of different meanings of the term that often leads to false conclusions about the relations between the professional standards and the practice of genetic counseling. The article offers clear and comprehensive description of different approaches to nondirectiveness and various ideas associated with the term. Normative consequences of (...) various meanings attributed to nondirectiveness are explored. The article concludes by presenting important but unsolved problems regarding both theory (the meaning of nondirectiveness and its operational definition) and practice of genetic counseling (the scope and content of the norm of nondirective counseling). (shrink)

In this article, I revise the normative account of sport that I proposed in ‘William J. Morgan’s “conventionalist internalism” approach. Furthering internalism? A critical hermeneutical response.’ I first present Habermas’ discursive ethics, placing emphasis on his interpretation of the relationship between moral (Kantian) and ethical (Hegelian/hermeneutical) principles. Then, I provide a reformulation of my account by both drawing on Habermas and going beyond him—as I go beyond Habermas, I will refer to the account as ‘discourse-ethics based.’ To (...) further explore the normative potential of the account, I connect its main tenets to the three main normative theories of sport (formalism, broad internalism, and deep conventionalism) and illustrate it with examples from anti-doping governance. (shrink)

Quine claims that his naturalized epistemology which is a science about science must take the place of traditional epistemology. Because physics is the paradigm of science for Quine, there is apparently no room for normative and intentional discourses in Quine's naturalized epistemology. However, Quine uses normative and intentional discourses in his naturalized epistemological inquiry. Hence, the problem addressed in this dissertation is the place of normative and intentional discourses in Quine's naturalized epistemology. ;My procedure is to examine (...) critically the above mentioned contradiction from two different angles. In an initial and external criticism I assume the in-principle gap between physicalistic discourse and normative and intentional discourses. In an internal criticism I assume the gap merely practical. In the former criticism I offer my own interpretation of the status of naturalized epistemology in Quine's philosophy and argue for the presence of a tension between methodological concerns and what Quine calls his physicalistic bias. I explain three manifestations of the tension in Quine's writings: his discussions of language acquisition, induction and scientific method in general. I also argue that methodological concerns play the ineradicable role in an epistemology, which Quine must and at least partially does recognize. In the internal criticism I discuss the nature of the gap between physicalistic discourse and normative and intentional discourses and examine and criticize Quine's behavioristic physicialism. On the basis of the criticism of Quine's behavioristic physicalism I criticize Quine's thesis of indeterminacy of translation which denies the fact of the matter for intentional discourse. ;I find, as a result, that because both methodological concerns and physicalistic bias are basic elements of Quine's naturalized epistemology, the resultant tension is serious. I also find that Quine's naturalized epistemology as it is cannot resolve the tension, whether we assume the gap as in-principle or merely practical. ;Thus, I conclude that as the unsettling status of normative and intentional discourses indicates, Quine's naturalized epistemology does not make a coherent whole. (shrink)

Central to the discourse ethics advanced by Jürgen Habermas is a principle of universalization (U) amounting to a dialogical equivalent of Kant's Categorical Imperative. Habermas has proposed that ?U? follows by material implication from two premises: (1) what it means to discuss whether a moral norm ought to be . adopted and (2) what those involved in argumentation must suppose of themselves if they are to consider a consensus they reach as rationally motivated. To date, no satisfactory derivation of (...) ?U? from these two premises has been presented. Thus the present study attempts to show how one can, without begging the question, arrive at ?U? by assuming a suitable explication of these two premises, supplemented with a fairly innocuous assumption about the context of discourse. If the argument is sound, then ?U? brings both deontological and consequentialist intuitions together with a notion of solidarity that requires an intersubjective account of insight. (shrink)

The volume starts with the paper of Lynn Maurice Ferguson Arnold, former Premier of South Australia and former Minister of Education of Australia, concerning the Exposition Internationale des Arts et Techniques dans la Vie Moderne (International Exposition of Art and Technology in Modern Life) that was held from 25 May to 25 November 1937 in Paris, France. The organization of the world exhibition had placed the Nazi German and the Soviet pavilions directly across from each other. Many papers are devoted (...) to the interpretation of this opposition. Arnold’s paper considers the differences in the two totalitarian states’ architectural and design discourse styles. Although each of them communicated a totalitarian language of purposes, permissions, and boundaries, they essentially differed in the styles of discourse represented by the architecture and design of their respective pavilions. They were opposites of each other and the liberal ideals they contested. The internationalist viewpoint reflecting the multi-ethnic mix of the USSR is contrasted to the ein Volk homogeneity represented in the German pavilion. The Soviet pavilion opted for a utopian future to be arrived at by “benign” leadership, whereas the German pavilion anchored itself in the myth of Teutonic history with the nostalgic pride protected by the swastika-bearing eagle. Jean-Yves Béziau is best known as a logician and founder of Universal Logic. However, in this paper, he poses a new philosophical question: why philosophical discourse does not use images? The paper begins with a general analysis of different types of philosophical discourses. Then, he focuses on why images have been and are still rejected in philosophical discourse. He explains various ways to use images in a fruitful way to develop philosophical thinking and discourse and illustrates his view by providing several examples. He concludes with a promising programmatic declaration about founding a new journal entitled World Journal of Pictorial Philosophy to stimulate the usage of images for developing philosophical thinking. Although complaints about the obscurity of many philosophers’ discourse are widespread, Tatiana Denisova, ex-professor of the Surgut University and a research associate of the University of the Aegean undertakes a positive attitude to this problem. She explains that the reasons for the obscurity of philosophical texts, the subsequent complexity in communicating philosophers’ meanings and their eventual incomplete understanding is not a sign of their inferiority. On the contrary, it is a sign of the fruitfulness of philosophical discourse, which can generate new meanings. Thus, the darkness of philosophical discourse is like the life-giving chaos, and the obscurity that it inevitably contains can be the keeper of implicit meanings and even their generator. Katarzyna Gan-Krzywoszyńska and Piotr Leśniewski, authors of a monograph on Polish philosopher Kazimierz Ajdukiewicz (1890 – 1963), make a comparative analysis of his educational style with that of Paulo Reglus Neves Freire (1921 – 1997). The authors highlight that these scholars have distinctly different backgrounds. The former was an educator, philosopher and a leading advocate of critical pedagogy connected with the dialogical Latin-American tradition. The latter was a philosopher and logician, a notable representative of the Lwów–Warsaw school of logic with significant contributions to semantics, model theory and the philosophy of science. Despite their apparent difference, the authors identify some striking similarities regarding their attitudes towards education; notably, their approaches are essentially dialogical. Gilah Yelin Hirsch is a multidisciplinary artist who works as a painter, writer, curator, educator, and filmmaker. In her experiential paper, he explains how and why she uses four channels of communication in her creative expression: writing, painting, filmmaking, and teaching, as dialogic inquiry. She considers that these channels compose a continuum of discourse styles, each reaching a different facet of kaleidoscopic consciousness. She claims that her choice of medium is prompted by a need to communicate her insights profoundly. Thus, for instance, she created painted allegories to express narratives based on dreams and visions emerging from her subconscious. Art and healing is another Tibetan-rooted type of discourse practised by the author. Creating and observing a healing image produces a positive psychophysiological change in both the artist and the viewer. The discourse here is tripartite between creator, image, and viewer. Filmmaking is another type of discourse she practices between the filmmaker/artist as shaman or healer and the viewer as respondent or participant. These films are meant to be experienced frame by frame, physically and emotionally in both the body and mind. Jocelyn Ireson-Paine is a cartoonist and programmer. His paper offers an original attempt to use category theory in cartooning. Category theory is a branch of mathematics that provides concepts and methods to describe general abstract structures in terms of a labelled directed graph called category, whose nodes are called objects, and whose labelled directed edges are called arrows (or morphisms or transformations or mappings). The author explores different ways to define “style” in art using category theory and a relational view of art. Moreover, he examines how “translation” (transformation) between styles could be defined and reveals the difficulties of how it could be implemented in a computer using special software. Jens Lemanski is a philosopher who has revived research in Arthur Schopenhauer’s legacy by exploring his work on mathematical evidence, logic diagrams, and problems of semantics. In this paper, he advances a new approach to eristic as an art of protecting oneself from the one who deliberately violates norms of discourse ethics to win an argument. The author attributes the origins of this view to Schopenhauer, suggesting a new reading of his work. According to the author, eristic is a prohibitive technique that takes effect when the norms of discourse ethics are transgressed and violated. Thus, eristic is viewed as a discipline of Enlightenment philosophy and a correlate of discourse ethics. Roshdi Rashed is an authority on the history of Arabic mathematical sciences. Proceeding from Gilles-Gaston Granger’s definition of mathematical style, he studies the question of whether a mathematical work can be characterized by a single style or by a multitude of styles. This question is explored within the style of a single work, namely Menelaus’s Sphaerica, and through the study of the development of a single problem over time, namely the isoperimetric problem. He indicates Menelaus’s divergence from the Euclidean style of (plane and stereometric) geometry caused by the drop of the Parallel Postulate, which associated it with hyperbolic geometry. Hence, the author concludes that Menelaus’s Sphaerica incorporates the well-known Euclidean style with a variation of the non-Euclidean one. On the other hand, examining the isoperimetric problem reveals another interesting historical picture. A succession of different styles (cosmological, geometric, infinitesimalistic, style of the calculus of variations, of synthetic geometry) can be observed due to the transformation of the research object over time. Boris Shalyutin, a Russian social philosopher, and Ombudsman for Human Rights in the Kurgan Region, explores the origins of discourse in combination with the birth of society and law. He claims that legal discourse marks the historical emergence of discourse in general. Homo Juridicus generated Homo Sapiens, which have created new spheres of discourse, notably moral discourse and further philosophical, political, and scientific discourse. Petros Stefaneas, a logician, computer scientist and novelist, suggests an alternative to the traditional narratology approach for studying (interactive) social media discourse. He claims that style describes how the parts of a narrative are blended into a whole. The author relies upon Goguen’s and Harrel’s concept of style as a choice of blending principles and transfers to the study of the social media narratives elements from the methodology of studying Web-based collaborative search for mathematical proofs like those implemented within the Polymath project. The last paper belongs to Ghil‘ad Zuckermann, a linguist, language revivalist, and proponent of a model of the emergence of Israeli Hebrew, according to which Hebrew and Yiddish were the primary sources of Modern Hebrew. This paper explores the fascinating and multifaceted Yiddish language and its survival in Israeli. Yiddish is characterized by a unique style that embeds psycho-ostensive expressions throughout its discourse. The author highlights the cross-fertilization between Hebrew and Yiddish as it manifests itself in any aspect of the Israeli language. He claims that Yiddish survives beneath Israeli phonetics, phonology, discourse, syntax, semantics, lexis, and even morphology, although traditional and institutional linguists have been most reluctant to admit it. (shrink)

The following paper considers the extent to which discourse ethics can adequately respond to Habermas' own call for normative justification for the expectation of tolerance. It concludes that discourse ethics is able to lend its services to the flagging fortunes of the idea of toleration, not by seeking to underscore this idea with rationally compelling argumentation,but by offering insights into the possibilities opened up to a life which accepts this principle.

The situation of public functioning of philosophy today is being fundamentally changed in comparison with it that even was by the end of last century. The new opportunities of free appeal to philosophical concepts and meanings and their use by every participant of unlimited networks of open communication raise issues of preservation and protection of normative philosophical discourse. The author formulates the need in such normativity as an issue of difference between the context of reproduction and the innovation (...) one or as interdependence of reproduction and elaborating interpretation of normative meanings in philosophy. He takes attention to highlighting the issue of making and recognizing normativity in discourse/communicative practices that could be find out in works of Michel Foucault and Jurgen Habermas. It helps to clarify a role and place of validity claims in communication actions including their meaning in philosophical discourse. Following Habermas’ theory of both linguistic and contextual depending of discourse’s normative meanings the author pays particular attention to meaning creation role of lifeworld as a cultural context that determines communicators’s understanding. It gives an opportunity to point out a principle role of communicator’s position or his or her self-understanding the lifeworld context they embodied. It also makes it possible to demonstrate clear examples of inconsistency of philosophical discourses depending on the position taken by a philosopher as we can meet radical critical position of Roger Scruton in his assessment of many prominent European philosophers’ works. In conclusion the author stresses on dependence of capacity to get added interpretation value in philosophy not only from a level of theoretical knowledge, but from his or her personal appropriation of own horizon of cultural meanings. Following Habermas's theory of linguistic and contextual dependence of normative values of discourse on context, the author draws attention to the role in the creation of values of the lifeworld as a cultural context that determines the participant's understanding. It gives an opportunity to point out a principle role of communicator’s position or his or her understanding the lifeworld context they embodied. It also allows to demonstrate clear examples of inconsistency of philosophical discourses depending on the position taken by a philosopher as we can meet in radical critical position of Roger Scruton within his assessment of many prominent European philosophers’ works. In conclusion the author stresses capacity to get added interpretation value in philosophy depends not only on a level of theoretical knowledge a person owns, but from his or her personal appropriation of own horizon of cultural meanings. (shrink)

R. M. HARE takes the following view of the task of moral philosophy, "The function of moral philosophy—or at any rate the hope with which I study it—is that of helping us think better about moral questions by exposing the logical structure of the language in which this thought is expressed." The purpose of this essay is to show that this restriction of ethics to the logical dimensions of moral discourse is grounded in an excessively narrow conception of the (...) resources of human reason. Specifically, I shall argue that a more thoroughgoing grasp of these resources shows that reason has the capacity to move beyond such a purely logical task and to function as a normative source of moral demands. Central to the argument is the contention that the capacities of reason are restricted neither to the discovery of facts, nor to the opening of human discourse to the demands of logic, but include also the capacity to function as a principle constitutive of human agency as capable of self-awareness. I shall try to show that this latter capacity enables reason to play a morally normative role in human life. The argument will be divided into three major components, beginning with a brief expository sketch of Hare’s position aimed at providing the problematic framework for my argument by stating the essentials of his case against naturalism and for prescriptivism. The second component will describe the reflective capacity of reason and will point out that this capacity is at work in Hare’s writings. Finally, the third component will be directed toward showing how reflectivity is capable of founding a normative ethics. (shrink)

This paper aims to introduce, in the context of Latin America, the theoretical epistemic discussion regarding the theme of the ‘common’ as a political principle which substantiates instituting and autonomous processes of government, control and community regulation. The work seeks to relate a democratic scenario of the ‘common’ with the discourses of pluralist and decolonial normativity, in a way that would guarantee not only horizontal communal self-management, but also a legitimate ordering of forms of life, founded on common interest, social (...) relations and interconnected structures. For this purpose the instrument of critical-socio-legal analysis is applied at the intersections with the ‘participative-communitary’ type of legal pluralism. Our proposal is to combine the contemporary meaning of the ‘common’, its relation to the Latin American principles of ‘buen vivir’ (living well) and ‘interculturalidade’ (interculturality), as well as the instituting practice of the ‘common’, that engenders a normativity built ‘from below’, which is in opposition to the traditional positivist and state legal system imposed through colonization in Latin America. Such achievements that, although formalized, are not being successful against institutional ruptures, have ‘cloistered’ the practices of the ‘common’ and made the existence of legal pluralism invisible. (shrink)

This contribution explores correctives to several errors that Thomas Nagel seems to presuppose in his seminal defence of scepticism about global justice. I rely on lessons learned and conventions surviving in West African contemporary social and moral contexts, where people engage as a matter of course in divergent, historically antagonistic cultural and political traditions. On this view, global justice is a work in progress—not a fixed univocal formula but an on-going collaborative effort, a project in perpetual renovation and inter-cultural reconsideration (...) by successive generations which presupposes a diversity of values and ways of sanctifying human life. I consider ways in which an ethics of care, as suggested by Virginia Held, might have been anticipated by the time-honoured norms of governance and political culture surviving in complex African polities, cultures which have withstood the corrosion of external colonialism since early modernity. How might iconically African, universally fundamental moral notions of decency and fairness find their way back into the global marketplace of diplomatic discourse and economic policy design?To demonstrate the need to navigate towards some consensus within the diversity of indigenous concepts associated with justice and good governance in Africa, I discuss the fiasco displayed in a widely celebrated proposal for exercising globally principles of justice in the Western liberal political tradition applied to remedy Africans’ notorious resource curse. (shrink)

Focusing on the terms 'possibly affected persons' and 'those affected' in the Habermasian ' discourse principle', I argue that we need a notion of moral subjects in addition to that of a person and that this notion of moral subjects implies a 'normative gradualism' which weakens the participatory and consensual aspect of discourse theory and strengthens the aspect of enlightened 'advocatory' deliberation in terms of needs and the good life. I argue that this notion of moral subjects (...) represents a challenge for the discourse principle. Confronted with the huge number of moral subjects and of future persons, demanding various kinds of advocatory representation, the Habermasian discourse principle, as stated in Between Facts and Norms, becomes unsatisfactory. (shrink)

The goal of this dissertation is to provide a critique of Jurgen Habermas's communication-theoretic proposal for a discourse ethics. In doing so, I confront the theory of communicative rationality with the pronounced intention of letting discourse ethics take, as Habermas puts it, its orientation for an intersubjective interpretation of the categorical imperative from Hegel's theory of recognition. My objections to this attempt to provide a critical theory with normative grounds generally relate to what I see as a (...) too excessive formalism, and a tendential repression of the dimension of ethical ontology. ;Although Habermas insists that agents always bring their lifewordly conditions of existence--their particular identities and histories--with them when they engage argumentatively to redeem validity claims, the discourse model has throughout its effective history been notoriously helpless when engaging with the internally related issues of motivation and the cognitive problems of judgment and context-sensitive application. In analyzing the principle of universalizability , I show why it is necessary to construct a dialectical relationship between morality and issues of the good life, and to introduce a notion of reflective judgment. Moreover, I argue for a detachment of moral theory from the quasi-transcendental grounding in formal structures of rationality. ;In the course of my successive interpretative confrontations with discourse ethics, I formulate a hermeneutic approach. One important upshot of this is that discourse ethics will be situated closer to Habermas's early suggestions towards a critical hermeneutics. This is a conception which emphatically promotes an internal link between judgment, action and argumentation. Another consequence relates to the need for a realist realignment of discourse ethics. I suggest that reflection and moral discourse, starting from the particularity of concrete cases but ultimately aiming towards universality , should be involved, not in a process of further disintegration of ethical life , but in a process of healing, in which universality serves a memorial, imaginative and communicative function: it creates a conceptual reservoir for interpreting our complex moral experiences, and ultimately for gaining knowledge of the self and its intricate bonds and attachments to others. (shrink)

In the context of the perpetual reproduction of consumerism in contemporary western societies, the varied and often contradictory principles of third wave feminism have been misunderstood or redefined by the dominant economic discourse of the markets. The lack of homogeneity in the theoretical debates of the third wave feminism seems to be a vulnerable point in the appropriation of its emancipatory ideals by the post-modern consumerist narratives. The beauty norm, particularly, brings the most problematic questions forth in the (...) contemporary feminist dialogues. In this paper I will examine the validity of the concept of empowerment through practices of the body, practices that constitute the socially legitimized identity of women in a consumerist western society. My thesis is that the beauty norm is constructed as a socio-political instrument in order to preserve the old, patriarchal regulation of women’s bodies. Due to the power of invisibility of the new mechanisms of social control and subjection, the consumerist discourse offers the most effective political tool for gender inequality and a complex discussion about free will and emancipation in third wave feminism debates. This delicate theoretical issues question not only the existent social order, but the very political purposes of contemporary feminism. (shrink)

Social entrepreneurship is not just an objective description of a phenomenon; it also carries a positive normative connotation. However, the academic discourse barely reflects social entrepreneurship’s inherent normativity and often grounds it implicitly on the mission of a social enterprise. In this paper, we argue critically that it is insufficient to ground social entrepreneurship’s inherent normativity on a social mission. Instead, we will show how such a mission-centric conception of social entrepreneurship, when put into practice, is prone to (...) enhance rather than diminish societal grievances. In order to give social entrepreneurship an explicit and sound ethical grounding, we draw on integrative economic ethics as a frame of reference. From this perspective, social entrepreneurship necessitates adherence to the discourse-ethically reasoned moral principle in order to live up to its inherent normative validity claim of good entrepreneurship. The consideration of social entrepreneurship practices is crucial to make this approach less vulnerable to ethical critique. The addition of a practice dimension overcomes the mission-centric view of social entrepreneurship and opens up a typology of enterprise forms, thereby enabling a more fine-grained distinction between social enterprises and other forms of organization. (shrink)

Several years ago Jürgen Habermas wrote a short answer to the question: “Does Hegel's Critique of Kant apply to Discourse Ethics?” The gist of his short answer is, “no”. Insofar as Hegel's criticisms of the formalism and abstract universalism of the moral law never even applied to Kant's moral theory in the first place, they also fail to apply to discourse ethics. Insofar as Hegel's criticisms of the rigorism of the moral law and of Kant's conception of autonomy (...) do hit the mark, discourse ethics successfully draws their sting by reconceiving Kant's moral standpoint along the following lines. 1. Kant wrongly undertakes to establish the moral law as a “fact of reason”: discourse ethics derives the moral standpoint from two premises — one formal, a rationally reconstructed logic of argumentation, and one material, namely our intuitions about how to justify utterances. 2. Kant wrongly contends that we must be able to think of ourselves as both intelligible characters, inhabiting a noumenal world, and as empirical characters inhabiting the world of appearances: discourse ethics allows that in everyday contexts of action and in the context of moral discourse we have one character that has real needs and interests. 3. Kant is also mistaken in arguing that moral autonomy requires human beings to abstract away from their needs and interests and to will universalizable maxims for the sake of their universal form: discourse ethics understands moral autonomy to consist in the free adoption of a standpoint from which conflicts of interest can be impartially regulated, by giving special weight to the satisfaction of universalizable interests. 4. Kant misconceives the categorical imperative as an objective test of universalizability that is applied by individual wills in isolation: discourse ethics reconceives the moral universalism as an ideal of intersubjective agreement of participants in discourse. On the differences between the principles of discourse ethics and Kant's categorical imperative Habermas is wont to cite McCarthy's summary of his — Habermas' — position: “Rather than ascribing as valid to all others any maxim that I can will to be a universal law, I must submit my maxim to all others for the purposes of discursively testing its claim to universality. The emphasis shifts from what each can will without contradiction to be a general law, to what all can will in agreement to be a universal norm”. (shrink)

This book investigates context-sensitivity in natural language by examining the meaning and use of a target class of theoretically recalcitrant expressions. These expressions-including epistemic vocabulary, normative and evaluative vocabulary, and vague language -exhibit systematic differences from paradigm context-sensitive expressions in their discourse dynamics and embedding properties. Many researchers have responded by rethinking the nature of linguistic meaning and communication. Drawing on general insights about the role of context in interpretation and collaborative action, Silk develops an improved contextualist theory (...) of CR-expressions within the classical truth-conditional paradigm: Discourse Contextualism. The aim of Discourse Contextualism is to derive the distinctive linguistic behavior of a CR-expression from a particular contextualist interpretation of an independently motivated formal semantics, along with general principles of interpretation and conversation. It is shown how in using CR-expressions, speakers can exploit their mutual grammatical and world knowledge, and general pragmatic reasoning skills, to coordinate their attitudes and negotiate about how the context should evolve. The book focuses primarily on developing a Discourse Contextualist semantics and pragmatics for epistemic modals. The Discourse Contextualist framework is also applied to other categories of epistemic vocabulary, normative and evaluative vocabulary, and vague adjectives. The similarities/differences among these expressions, and among context-sensitive expressions more generally, have been underexplored. The development of Discourse Contextualism in this book sheds light on general features of meaning and communication, and the variety of ways in which context affects and is affected by uses of language. Discourse Contextualism provides a fruitful framework for theorizing about various broader issues in philosophy, linguistics, and cognitive science. (shrink)

This chapter develops a contextualist account of normative language, focusing on broadly normative readings of modal verbs. The account draws on a more general framework for implementing a contextualist semantics and pragmatics, Discourse Contextualism. The aim of Discourse Contextualism is to derive the discourse properties of normative language from a contextualist interpretation of an independently motivated formal semantics, along with principles of interpretation and conversation. In using normative language, interlocutors can exploit their (...) grammatical and world knowledge, and general pragmatic reasoning skills, to manage an evolving system of norms. Discourse Contextualism provides a perspicuous framework for further philosophical theorizing about the nature of normativity, normative language, and normative judgment. Delineating these issues can help refine our understanding of the space of overall theories and motivate more fruitful ways the dialectics may proceed. Discourse Contextualism provides a linguistic basis for a more comprehensive theory of normativity and normative discourse and practice. (shrink)

This article critically re-examines the application of the principle of patient autonomy within bioethics. In complex societies such as those found in North America and Europe health care professionals are increasingly confronted by patients from diverse ethnic, cultural, and religious backgrounds. This affects the relationship between clinicians and patients to the extent that patients' deliberations upon the proposed courses of treatment can, in various ways and to varying extents, be influenced by their ethnic, cultural, and religious commitments. The principle of (...) patient autonomy is the main normative constraint imposed upon medical treatment. Bioethicists typically appeal to the principle of patient autonomy as a means for generally attempting to resolve conflict between patients and clinicians. In recent years a number of bioethicists have responded to the condition of multiculturalism by arguing that the autonomy principle provides the basis for a common moral discourse capable of regulating the relationship between clinicians and patients in those situations where patients' beliefs and commitments do or may contradict the ethos of biomedicine. This article challenges that claim. I argue that the precise manner in which the autonomy principle is philosophically formulated within such accounts prohibits bioethicists' deployment of autonomy as a core ideal for a common moral discourse within multicultural societies. The formulation of autonomy underlying such accounts cannot be extended to simply assimilate individuals' most fundamental religious and cultural commitments and affiliations per se. I challenge the assumption that respecting prospective patients' fundamental religious and cultural commitments is necessarily always compatible with respecting their autonomy. I argue that the character of some peoples' relationship with their cultural or religious community acts to significantly constrain the possibilities for acting autonomously. The implication is clear. The autonomy principle may be presently invalidly applied in certain circumstances because the conditions for the exercise of autonomy have not been fully or even adequately satisfied. This is a controversial claim. The precise terms of my argument, while addressing the specific application of the autonomy principle within bioethics, will resonate beyond this sphere and raises questions for attempts to establish a common moral discourse upon the ideal of personal autonomy within multicultural societies generally. (shrink)

The concept of vulnerability is widely used in human rights policy documents, reports, and case law focusing on the impacts of climate change on human rights. In academic discussions, the concept, however, has also sparked a discussion on its benefits and challenges for the advancement of human rights, especially concerning the principles of equality and non-discrimination. This article aims at contributing to this debate from a frame-analytical perspective. In social sciences, frame-analysis is a form of discourse analysis which (...) focuses on the consequences of different concepts for legal, political, and social discussions and norms. With the example of selected UN documents on different human rights issues in the context of climate change, the article, firstly, analyzes whether and how the concept of vulnerability is defined in the documents and why it is used in the documents. Secondly, it is elaborated to which individuals and groups the concept is applied. Thirdly, it is discussed how vulnerability is conceptualized in relation to or in distinction to the concepts of inequality and discrimination. In a further section it is analyzed what narratives are mobilized by the frame of vulnerability. The article concludes that from a discourse-analytical perspective the frame of vulnerability mobilizes problematic narratives which has gendered and racialized implications for those labeled vulnerable. (shrink)

This article explores universal normative bases that could help to shape a workable legal construct that would facilitate a global use of advance directives. Although I believe that advance directives are of universal character, my primary aim in approaching this issue is to remain realistic. I will make three claims. First, I will argue that the principles of autonomy, dignity and informed consent, embodied in the Oviedo Convention and the UNESCO Declaration on Bioethics and Human Rights, could arguably (...) be regarded as universal bases for the global use of advance directives. Second, I will demonstrate that, despite the apparent consensus of ethical authorities in support of their global use, it is unlikely, for the time being, that such consensus could lead to unqualified legal recognition of advance directives, because of different understandings of the nature of the international rules, meanings of autonomy and dignity which are context‐specific and culture‐specific, and existing imperfections that make advance directives either unworkable or hardly applicable in practice. The third claim suggests that the fact that the concept of the advance directive is not universally shared does not mean that it should not become so, but never as the only option in managing incompetent patients. A way to proceed is to prioritize work on developing higher standards in managing incompetent patients and on progressing towards the realization of universal human rights in the sphere of bioethics, by advocating a universal, legally binding international convention that would outlaw human rights violations in end‐of‐life decision‐making. (shrink)

In 1894, the Institut Colonial International was founded in Brussels, with the aim to engage and promote transnational exchanges between jurists, scholars, politicians, colonial administrators and experts, comparing different colonial experiences. As the Institut Colonial International’s founders had hoped, its publications promoted legal debates, discussions and the prospects of specific legislation, decrees or norms to be adapted and used in entirely different colonial systems. This paper will show that the Institut Colonial International encouraged the exchange of ideas about the various (...) colonial experiences in order to create common and universal principles. International law and domestic law, or national law concerning land register systems and land law were part of the colonial discourse as it endeavoured to create and adopt universal principles of law, trying to establish a platform of common dialogue, with common premises, concerning different colonies, different colonial experiences and ultimately different cultural, social and political contexts. (shrink)

This chapter develops an account of the meaning and use of various types of legal claims, and uses this account to inform debates about the nature and normativity of law. The account draws on a general framework for implementing a contextualist theory, called 'Discourse Contextualism' (Silk 2016). The aim of Discourse Contextualism is to derive the apparent normativity of claims of law from a particular contextualist interpretation of a standard semantics for modals, along with general principles of (...) interpretation and conversation. Though the semantics is descriptivist, it avoids Dworkin’s influential criticism of so-called “semantic theories of law,” and elucidates the nature of “theoretical disagreements” about the criteria of legal validity. The account sheds light on the social, interpersonal function of normative uses of language in legal discourse. It also gives precise expression to Hart’s and Raz’s intuitive distinctions among types of legal claims (internal/external, committed/detached), while giving them a uniform type of analysis. The proposed semantics and pragmatics of legal claims provides a fruitful framework for further theorizing about the nature and metaphysics of law, the relation between law and morality, and the apparent practical character of legal language and judgment. Discourse Contextualism provides a solid linguistic basis for a broader account of legal discourse and practice. (shrink)

Sport categorization is often justified by benefits such as increased fairness or inclusion. Taking inspiration from John Rawls, Sigmund Loland’s fair equality of opportunity principle in sport (FEOPs) is a tool for determining whether the existence of an inequality ethically justifies the institution of a new category in any given sport. It is an elegant ethical normative framework, but since FEOPs does not account explicitly for athlete safety (i.e. athlete physical and mental wellbeing), we are left in an ethically (...) dubious situation where the risk of harm associated with a categorization regime might in fact prove to be greater than the risk of harm present within the sport before its introduction. To address this critical gap, I propose the ‘scales of ignorance’ ethical normative framework to weigh the relative risk of harm within a sport, crucially inserting athlete safety into the discourse surrounding ethical justification for categorization in sport. The current paper is the first explicit formulation of assessment and ethical justification of risk of harm in the familiar logic of FEOPs. The scales of ignorance framework can also be used independently of Loland’s approach. Two new concepts are also proposed: ‘insidious risk of harm’ and ‘pernicious risk of harm’. (shrink)

This paper addresses the question of what discourse ethics might have to contribute to increasingly urgent issues in intergenerational justice. Discourse ethics and deliberative democracy are often accused of neglecting the issue, or, even worse, of an inherently presentist bias that disregards future generations. The few forays into the topic mostly seek to extend to future people the “all affected principle” according to which only those norms are just to which all affected can rationally consent. However, this strategy (...) conflicts with core commitments of discursive ethics, as it renders agreement hypothetical and discursive participation virtual. I will attempt a supplementary route toward a connection between discourse ethics and intergenerational justice. Discourse ethics must be concerned, in what Habermas calls the symbolic reproduction of the lifeworld, with the emergence of rational minds capable of assessing reasons for proposed norms and policies, and such emergence is an intrinsically intergenerational affair. Symbolic reproduction links overlapping and non-overlapping generations in what has been elaborated as a chain-of-concern model, which I show to be linked to forms of indirect reciprocity among more than two parties. I conclude by discussing some consequences of this model for the all affected principle when viewed as specifically applied to future generations. (shrink)

The guidelines followed by many educational boards recommend behavioristic practices for dealing with student discipline; however, Lawrence Kohlberg's idea of organizing schools as “just communities” suggests a more promising approach. It translates to the school context the core principle of Habermas's discourse ethics: those norms to which all concerned agree are valid. In such democratically organized schools, students engage in less violence and take greater responsibility for safeguarding each other's welfare. Public debates about rules and handling transgressions generate knowledge (...) regarding shared norms, promote role-taking abilities, and foster ego-syntonic commitment to democratic values. Such participatory experiences may contribute to constituting ego identity. Whereas identity politics relies on particularistic affiliations and emphasizes demarcations between social groups, ego identity is based on a commitment to universal moral values. This commitment allows individuals to develop and sustain a sense of coherence, continuity, and uniqueness, and it fosters democratic cooperation and social cohesion. In this article, Gertrud Nunner-Winkler provides empirical support for these claims. (shrink)

This article surveys four approaches to moral obligation to non-Muslims found in Islamic legal thought. The first three approaches I refer to in this article as the "revelatory-deontological," the "contractualist-constructivist" and the "consequentialist-utilitarian." The main argument of this article is that present in many of the contemporary works on the "jurisprudence of Muslim minorities" (fiqh al-aqalliyyat) is an attempt to provide an Islamic foundation for a relatively thick and rich relationship of moral obligation and solidarity with non-Muslims. This attempt takes (...) the form of a fourth "comprehensive-qualitative" approach to political ethics in that it appeals not to juridical reasoning of the type "is x permissible and in which conditions?" but rather to Islamic ideals of what it means to live a good life, of what believing, normatively-committed Muslims want to pursue in this world, not only what they may pursue without fear of punishment. This meta-ethical approach builds on and goes beyond the first three. The force of this argument is that this fourth "comprehensive-qualitative" approach to moral obligation to non-Muslims is novel, emergent and not found not in the writings of outright reformers but in those of conservative, "neo-classical," shari'a-minded - even Muslim Brotherhood-affiliated - Islamic scholars. What also adds to the force of this argument is that the other meta-ethical discourses, particularly of contract and utility (maslaha), already get these scholars quite far towards a doctrine of "loyal resident alienage" in non-Muslim societies. That even orthodox Islamic scholars go further shows that they have some interest in giving a theological or principled foundation to a much thicker and richer form of moral obligation to non-Muslims, a relationship which involves recognizing non-Muslims qua non-Muslims and contributing to their well-being. (shrink)

This book is an attempt to examine the concept of "public interest" and show that, while it has no general, unchanging, descriptive meaning applicable to all policy decisions, it does have a non-arbitrary descriptive meaning which can be determined in particular cases. This meaning can be found through "reasoned discourse" which attempts to relate the anticipated effects of a policy to community values. The concept of public interest is, the author argues, neither a vacuous phrase nor a verbal device (...) useful only for propaganda purposes. The author then attempts to see whether "reason" as it appears in "reasoned discourse" mentioned above can carry the burden assigned to it. In a close examination of what "giving reasons" consists of in the absence of a hierarchy of values, the author shows that it amounts to more than an infinite logical regress. The author admits that there remains an arbitrary element in value judgments which is much smaller and capable of more precise definition than is usually thought). In situations of conflict and diversity of values among reasoning men, the dilemma is resolved by the principle of "authority." Authority itself is required to justify its decisions by giving reasons, but precisely what authority is, beyond this giving of reasons based on somewhat arbitrary values, is not examined.—S. W. (shrink)

The consequences of restricting or not restricting the right to freedom of assembly are potentially magnified in transitional societies. Yet determining whether such consequences are indeed ‘harmful’, and whether their cost should be borne despite the harms caused, requires the elaboration of criteria which define what are valid and relevant harms. While a human rights framework can perform this task, open-textured rights standards prescribe neither the threshold of legal intervention nor the goals of transition. By extension, the rule of law—underpinned (...) by this rights discourse—is silent about whether liberal or communitarian ideals should inform the reconstruction of public space in conflicted or nascent democracies. Illustrated by analysis of legal interventions in parade disputes in Northern Ireland, this article argues that the rule of law is necessarily orientated by ethical consensus about its scope. Furthermore, this consensus operates as a restraint upon the degree of normative discontinuity permitted during transitional compromises. The article frames the ethical options in terms of three liberty-limiting principles—the argument from democracy, the argument for toleration, and the argument for recognition. Each suggests different parameters for the transitional project and for the role of law within it. (shrink)

This article explores universal normative bases that could help to shape a workable legal construct that would facilitate a global use of advance directives. Although I believe that advance directives are of universal character, my primary aim in approaching this issue is to remain realistic. I will make three claims. First, I will argue that the principles of autonomy, dignity and informed consent, embodied in the Oviedo Convention and the UNESCO Declaration on Bioethics and Human Rights, could arguably (...) be regarded as universal bases for the global use of advance directives. Second, I will demonstrate that, despite the apparent consensus of ethical authorities in support of their global use, it is unlikely, for the time being, that such consensus could lead to unqualified legal recognition of advance directives, because of different understandings of the nature of the international rules, meanings of autonomy and dignity which are context-specific and culture-specific, and existing imperfections that make advance directives either unworkable or hardly applicable in practice. The third claim suggests that the fact that the concept of the advance directive is not universally shared does not mean that it should not become so, but never as the only option in managing incompetent patients. A way to proceed is to prioritize work on developing higher standards in managing incompetent patients and on progressing towards the realization of universal human rights in the sphere of bioethics, by advocating a universal, legally binding international convention that would outlaw human rights violations in end-of-life decision-making. (shrink)

Fleur Johns argues that the contraposition of a ‘bottom-up’ approach of politics of prototypical technique rather than the ‘top-down’ politics of the master plan or normative principle no longer seems as straightforwardly radical as it appeared when James C Scott posited the value of local knowledge or métis against grand plans of high modernization, just over 20 years ago. This paper seeks to follow Johns’ call, ‘to capture and probe some of the effects of sensibility, rationality or style widely (...) reproduced in the details of development work’. It draws upon fieldwork in Nairobi to open up a discussion of a shift in sensibility from a ‘bottom-up’ or ‘postliberal’ approach to a framing of open-ended encounter. The paper critiques this imaginary of relational encounter by engaging contemporary work in critical black studies. It suggests that the problem of critique is that it reproduces the problems of governing imaginaries, continually seeking to rework the human subject via adaptive capacities, sensitivities to difference and openness to alterity, while leaving intact the coloniality of being, the antiblack world. (shrink)

In this paper I develop and defend a form of argumentative normativity that is not based on fundamental principles. I first argue that research agendas that aim to discover fundamental principles of ‘good’ argumentative discourse share one crucial weak spot, viz. circularity. I then argue that this weak spot can be avoided in a pancritical view of normativity.

This paper attempts to explain the significance of the ideologies — or middle-level normative discourse — described by Kenneth Goodpaster in his paper Business Ethics, Ideology, and the Naturalistic Fallacy. It is argued that the propositions constitutive of this discourse are not invokable moral principles (i.e. principles which generate solutions to actual moral problems). Rather, they are characterizations of the normative contexts in which moral decisions are made. As such, they place limits on the (...) ways in which the abstract moral principles of traditional moral theory may be applied or interpreted in making real-life moral decisions. (shrink)

In management theory and business practice, the dealing with diversity, especially a diverse workforce, has played a prominent role in recent years. In a globalizing economy companies recognized potential benefits of a multicultural workforce and tried to create more inclusive work environments. However, many organizations have been disappointed with the results they have achieved in their efforts to meet the diversity challenge [Cox: 2001, Creating the Multicultural Organization (Jossey-Bass, San Francisco)]. We see the reason for this in the fact that (...) while much attention has been paid to the strategic dimension of diversity policies, systems, and processes, much less thought has been given to the normative dimension, the norms and values involved. Given the fact that diversity is essentially about cultural norms and values, appropriate reflection work becomes a fundamental task to create a truly inclusive work environment where people from diverse backgrounds feel respected and recognized. Therefore, we focus in this article on the challenge of building an inclusive diversity culture showing that such a culture of inclusion has to be built on solid moral grounds. We present a conceptual framework of inclusion based on a moral theory of recognition and introduce the founding principles of reciprocal understanding, standpoint plurality and mutual enabling, trust and integrity. After revealing barriers that hinder a culture of inclusion from emerging we shed light on the process of developing such a culture which involves four essential transformational stages: The first phase focuses on raising awareness, building understanding and encouraging reflection. The second phase deals with the development of a vision of inclusion as an important step to define the change direction. In a third phase key management concepts and principles should be re-thought. This leads to the fourth, action-oriented phase, that focuses on an integrated Human Relations Management (HRM)1 system that helps implement change by doing both, translating the founding principles via competencies into observable and measurable behavior and fostering the development, reinforcement and recognition of inclusive behavior. (shrink)

The traditional conception construes human rights as moral rights all people have due to some basic feature or interests deemed intrinsically valuable. This comported well with the revival of the discourse of human rights in the wake of atrocities committed during WWII. It served as a useful referent for local struggles against foreign rule and domestic dictatorship in the 1980s. Since 1989, human rights discourse acquired a new function: the justification of sanctions, military invasions, and transformative occupation administrations (...) by outsiders, framed as enforcement of international law against violators. The traditional conception doesn't fit this new function, hence the efforts to counter-pose a "political" to the "traditional" approach. This essay analyzes two recent versions of the political conception, and argues for a third. The thesis is that sovereign equality and human rights are normative principles of our dualist international system and both are needed to construct a more just version of that system. (shrink)

The article explores the connection between politics of democracy and current communication medium. Color revolutions, particularly the one experienced in Ukraine, raise an issue of the present day relation between public and political spheres in the new global communicative context. Following the detailed analysis of the modern formation of public sphere done by Charles Taylor the author concentrates on the influence of communication on democratization processes. Amongst others, he focuses on such principle features of the public sphere as domination of (...) rationality in its formation, its claims for providing accountability norms for power, and particularly on its extra-political status. In its turn, these key characteristics of the sphere include everyone as its potential legitimate participant. The field experience gained during the Ukrainian Revolution of Dignity make it possible to correct the view on interrelations of politics and the public sphere. Recent developments do increase dependence of powers that be on the public’s day-to-day feeling of their legitimacy. To elucidate the new state of interpenetration between two given spheres the author examines the issue of specificity of discourse that unites both. It allows to establish that it’s precisely the democratic ideals, concerning each and every one, that expand the frameworks of the sphere of political beyond its traditional meaning through inclusion of a broad spectrum of people’s cultural experiences. The author links current co-existence of liberal and conservative values within liberal democracies with people’s experiencing of their cultural identity. That conclusion gives the basis to clarify a phenomenon of rising conservatism inherent in today’s politics. (shrink)

In this article we consider certain elements of the normative theory of Jürgen Habermas in the light of the proposals of Bruce Ackerman, with a view to strengthening a concept of deliberative democracy applied to the legitimation of juridical rules. We do not construct a hierarchy of the two positions, but seek to bring together certain elements to achieve a common project. As the starting point for examining the work of the two authors, we take the scheme proposed by (...) Habermas in Faktizität und Geltung. In this connection, through the work of Ackerman, we intend to fill in some of the gaps that Habermas appears to have left in the theory of radical democracy applied to the law. The work of Ackerman can make a significant contribution to deliberative democracy, to the discourse principle that Habermas defines, and to the contractualist theories from a liberal perspective. The study of these contributions makes possible a critical judgment that enables the legitimation of juridical rules carried out by Habermas to acquire greater practicity. In examining the epistemological status of juridical science and law, we attempt to determine the weight and the performance of normative democracy. In Tarr's view, it is a matter for philosophers to examine direct democracy and its desirability. (shrink)

The paper looks at three big ideas that have been associated with the term “relativism.” The first maintains that some property has a higher-degree than might have been thought. The second that the judgments in a particular domain of discourse are capable only of relative truth and not of absolute truth And the third, which I dub with the oxymoronic label “absolutist relativism,” seeks to locate relativism in our acceptance of certain sorts of spare absolutist principles. -/- The (...) first idea is well illustrated by the famous cases drawn from physics, but is ill suited for providing a model for the sorts of relativism about normative domains that have most interested philosophers. -/- The second idea – according to which it is the truth of certain judgments that is relative – seems subject to a very difficult dilemma. -/- The final idea provides a coherent model of cases like etiquette but is not plausibly applied to the moral or epistemic domains. (shrink)

Günther’s book demonstrates that most objections to moral and legal principles are directed not against the validity of principles but against the manner of their application. If one distinguishes between the justification of a principle and its appropriate application, then the claim that the application of the principle in each individual case follows automatically from its universal justification proves to be a misunderstanding. Günther develops this distinction with the help of Habermas’s discourse theory of morality. He then (...) employs it to extend Kohlberg’s theory of moral development and to defend this against Gilligan’s critique. In the third and fourth parts of the book, Günther shows—in debate with Hare, Dworkin, and others—how argumentation on the appropriate application of norms and principles in morality and law is possible. (shrink)

In this article a dialectical model for practical reasoning within a community, based on the Generic/Actual Argument Model (GAAM) is advanced and its application to deliberative dialogue discussed. The GAAM, offers a dynamic template for structuring knowledge within a domain of discourse that is connected to and regulated by a community. The paper demonstrates how the community accepted generic argument structure acts to normatively influence both admissible reasoning and the progression of dialectical reasoning between participants. It is further demonstrated (...) that these types of deliberation dialogues supported by the GAAM comply with criteria for normative principles for deliberation, specifically, Alexy’s rules for discourse ethics and Hitchcock’s Principles of Rational Mutual Inquiry. The connection of reasoning to the community in a documented and transparent structure assists in providing best justified reasons, principles of deliberation and ethical discourse which are important advantages for reasoning communities. (shrink)

This research brought approaches regarding habermasian democratic thought, taking into account the social critical theory aligned with the post-positivist current of interpretation and application of Law. Thus, from a dialectical perspective, the essay made brief digressions on language and communication present in the discourse of communicative action. A debate had been held on the impact of the discourse principle and its evaluative dimension in the busy and dynamic public sphere of communicative action. From the passage of the (...) class='Hi'>discourse principle to the democratic one, comments were made on the axiological burden of society, in its plural exegesis and detached from the normative construct of law as a unitary source to subsidize it. Theoretical distinctions were also made between legal positivism and post-positivism, especially regarding the autonomy of the latter. Afterwards, a correlation was made between the democratic principle, as a necessary discursive theory, and legal post-positivism and its implications for the construction and application of Law in accordance with the diversity and social expectations of communicative subjects. (shrink)

A weak and a strong version of discourse theory can be distinguished. In the strong version the only source of normative validity in the nonspecific sense is rational consensus, where all parties concerned accept a norm for the same reasons, which are rationally convincing in the same way for all. In the weak version both rational and overlapping consensus can be sources of validity in the nonspecific sense. It is argued that the weak version is the more adequate, (...) since it can accommodate cases which the strong version cannot, and which it is unreasonable to view as cases of compromise. Discourse theory needs a weaker general discourse principle and a more flexible notion of normative consensus than is found in Habermas's Between Facts and Norms. (shrink)