This paper discusses a non-state justice system (Sistema Comunitario de Seguridad, Justicia y Reeducación, hereafter: SCSJR) applied by some of the Afromexican and Indigenous communities of the Guerrero state in Mexico as an example of a maximalist restorative justice system. Restorative justice is presented here as an alternative to criminal justice. While it responds to similar moral concerns as retributive justifications do, it offers more adequate mechanisms of dealing with certain crimes and aims to reduce coerciveness (...) of justice when dealing with lawbreaking. Restorative justice is also an approach that should be perceived as more legitimate when handling cases where the state lacks the moral standing to prosecute offenders. The SCSJR is used as an example to demonstrate the possibility of a justice system based on restorative principles to be effective in handling the entirety of lawbreaking in a community. In the case of the SCSJR this approach to justice has been proved to be effective even in the wake of high levels of criminal activity in the region. This paper discusses the SCSJR’s institutions and attitude toward lawbreaking and argues that they demonstrate an example of a justice system based on restorative justice. (shrink)

In this manuscript, I claim that the search for justice implies a complete reconfiguration of public space and a (radical) transformation of our social relations. I will argue through a negative path, i.e. starting from the comprehension of the experience of injustice. I will focus on the case of epistemic injustice since it illustrates how the unjustified harm it produces is originated in the structure of social relations. To reach my goal, I will attempt to bring into dialogue two (...) different philosophical debates —that which deals with the notion of the public space and that which discusses epistemic injustice—. This will help me show that epistemology has a fundamental and profound political dimension which needs to be addressed to find better avenues to search for and reach (epistemic and otherwise) justice. My main contention is that the possibility of constructing a functional public space depends on recognizing the confrontational character of politics and on not trying to erase the differences that make up society, nor trying to undo them under the idea of a (rational) consensus. (shrink)

This timely book explores new social justice challenges in the workplace. Adopting a long-term perspective, it focuses on value conflicts, or ethical dilemmas, in contemporary organisations and ways to overcome them. Matthieu de Nanteuil demonstrates that the existence of value conflicts is not in itself problematic, but problems arise as actors do not have a frame of justice that allows them to overcome these conflicts without renouncing their deeply held values.

This article presents a conceptual investigation into the value impacts and relations of algorithms in the domain of justice and security. As a conceptual investigation, it represents one step in a value sensitive design based methodology. Here, we explicate and analyse the expression of values of accuracy, privacy, fairness and equality, property and ownership, and accountability and transparency in this context. We find that values are sensitive to disvalue if algorithms are designed, implemented or deployed inappropriately or without (...) sufficient consideration for their value impacts, potentially resulting in problems including discrimination and constrained autonomy. Furthermore, we outline a framework of conceptual relations of values indicated by our analysis, and potential value tensions in their implementation and deployment with a view towards supporting future research, and supporting the value sensitive design of algorithms in justice and security. (shrink)

The book's main argument is that global social injustice is by and large epistemological injustice. It maintains that there can be no global social justice without global cognitive justice.

In a world of appalling social inequalities people are becoming more aware of the multiple dimensions of injustice, whether social, political, cultural, sexual, ethnic, religious, historical, or ecological. Rarely acknowledged is another vital dimension: cognitive injustice, the failure to recognize the different ways of knowing by which people across the globe run their lives and provide meaning to their existence. This book shows why cognitive injustice underlies all the other dimensions; global social justice is not possible without global (...) cognitive justice. Santos s argument unfolds in two inquiries. No matter how internally diverse, Western Modernity provided the knowledge underlying the long cycle of colonialism followed by global capitalism. These historical processes profoundly devalued and marginalized the knowledge and wisdom that had been in existence in the global South. Today, working against epistemicide is imperative in order to recover and valorize the epistemological diversity of the world. Such recovery and valorization is the book s second inquiry and is based on four key analytical tools: sociology of absences, sociology of emergences, ecology of knowledges, and intercultural translation. The transformation of the world s epistemological diversity into an empowering instrument against hegemonic globalization points to a new kind of bottom-up cosmopolitanism. It would promote a wide conversation of humankind, celebrating conviviality, solidarity, and life against the logic of market-ridden greed and individualism and the destruction of life to which world populations large and small are condemned by the dominant forces of globalization. --Provided by publisher. (shrink)

No one will deny that the history of the last two centuries is incomprehensible without some insight into the meaning of nationalism. In the modern world, references to ‘nation’ and ‘national feelings’ are political forces of the first order that have played a much greater role than have references to other ideas that had raised expectations among political thinkers. Nevertheless, it is not a simple matter to define nation and nationalism; the terms have a weak analytical and explanatory power. (...) We lack a definition that would allow us to determine unequivocally and objectively whether or not we have to do with a nation. Many objective criteria for identification are proffered individually or in combination. None, however, has been consistently satisfactory.A first superficial examination shows that nationalism has a chameleon-like character. It is presented, and we experience it, as a liberating force freeing individuals and peoples from social and political serfdom. Linked to this liberal ‘Risorgimento-nationalism’, which coincided with the political emancipation of the bourgeoisie, was the hope for a better future, for economic prosperity and for the reification of such universal values as human rights, equality, justice and the constitutional democratic rule of law. Yet nationalism has also appeared to include an imperialistic tendency towards domination, belligerent aggression and expansion, racism and exclusion, authoritarianism and rightist radicalism, a blind and infatuated cult of ones’ own. International conflicts were fought and legitimized in the name of nations’ ‘natural’ borders, in terms of return to the homeland, of irredentism.Seen thus, there seems to be two nationalisms: one liberal, liberating nationalism of peoples and another official or state nationalism that proceeds from the nation state and serves its needs. The question is whether this superficial distinction gains any insight. Often, once national liberation has been accomplished and the nation state established, nationalism of peoples is mobilized by and for state nationalism. Nor should we forget that the nationalism of peoples has from the start the establishment of its own nation state as its goal. From this it is evident that our understanding of nationalism is hindered by its seldom being observable in a pure state. It is nearly always linked to other political, social, and religious ideas and values which in turn strengthens its grasp on hearts and minds. (shrink)

The paper has two goals. The first is presenting the main results of the recent report Ethics of Connected and Automated Vehicles: recommendations on road safety, privacy, fairness, explainability and responsibility written by the Horizon 2020 European Commission Expert Group to advise on specific ethical issues raised by driverless mobility, of which the author of this paper has been member and rapporteur. The second is presenting some broader ethical and philosophical implications of these recommendations, and using these to contribute to (...) the establishment of Ethics of Transportation as an independent branch of applied ethics. The recent debate on the ethics of Connected and Automated Vehicles presents a paradox and an opportunity. The paradox is the presence of a flourishing debate on the ethics of one very specific transportation technology without ethics of transportation being in itself a well-established academic discipline. The opportunity is that now that a spotlight has been switched on the ethical dimensions of CAVs it may be easier to establish a broader debate on ethics of transportation. While the 20 recommendations of the EU report are grouped in three macro-areas: road safety, data ethics, and responsibility, in this paper they will be grouped according to eight philosophical themes: Responsible Innovation, road justice, road safety, freedom, human control, privacy, data fairness, responsibility. These are proposed as the first topics for a new ethics of transportation. (shrink)

The maternal‐fetal HIV transmission trials, conducted in developing countries in the 1990s, undoubtedly generated one of the most intense, high profile controversies in international research ethics. They sparked off a prolonged acrimonious and public debate and deeply divided the scientific community. They also provided an impetus for the revision of the Declaration of Helsinki – the most widely known guideline for international research. In this paper, I provide a brief summary of the context, outline the arguments for and against the (...) controversial use of placebo controls, and focus on particular areas that I believe merit further discussion or clarification. On balance, I argue that the researchers failed in their duties to protect the best interests of their research subjects, and to promote distributive justice. I discuss the difficulties of obtaining valid consent in this research context, and argue that it is unethical to inform women of their HIV status without at least offering them prophylactic treatment for their unborn children. A global view of justice, which endorses international equity, cannot be squared with international research guidelines that allow ‘local conditions’ to define the scope of duty to the control group. Finally, I suggest that the heated debate reflects a tension, if not an outright war, between two conflicting meta‐ethical systems, or incommensurable paradigms, that underpin scientific research involving human subjects. (shrink)

Even though the university has the potential to help humanity in what amounts to a paradigmatic transition, it has been very restrictive and very selective in the kinds of knowledges it validates. In fact, the kinds of knowledges in which it has excelled are those most responsible for the paradigmatic crisis in which humanity finds itself. In a nutshell, the paradigmatic change calls for cognitive justice, justice for the different ways of knowing that circulate in society. Cognitive (...) class='Hi'>justice is the polar opposite of ‘anything goes’. The assumption is that there is no global social justice without global cognitive justice, justice among knowledges. Looking back, while privileging one specific kind of knowledge and, indeed, granting it a cognitive monopoly, the university has been the privileged site for producing and legitimating cognitive injustice. As a result, the immense epistemic diversity of the world has been ignored or suppressed. In the following, I identify the problem and the promise for overcoming it. (shrink)

The central problem of the book of Job is represented in the question on how to combine the evils of an innocent with the righteousness of God. For the current doctrine of earthly rewards, such a case would be paradoxical. If each one must be treated according to his works, as a righteous man can suffer? There is a link between suffering and personal sin. Against this strict correlation, Job stands up with all the strength of his innocence. He fights (...) desperately to rediscover God that evades and whose kindness he continues to believe in. God intercedes only to reveal the transcendence of his being and his designs and reduce Job to the silence. This is the religious message of the book of Job: man should persist in faith even when his soul isn’t quiet. The book of Job asks us: is there free religion or it is always a self seeking trade? Rich and prosperous, Job becomes poor and with no future at all. Nevertheless, Job remains faithful and recognizes that God has the absolute right of disposing of all that had given him. Job says: “If we accept God’s riches, shouldn’t we also accept evil?”. Job demonstrated that he is able to profess and live a free religion, without any reward shadow. (shrink)

O texto apresenta uma perspectiva cristológica plural na relação interreligiosa, a partir da visão de que cada expressão religiosa tem a sua proposta salvífica e de fé que devem ser aceitas, respeitadas, valorizadas e aprimoradas a partir de um diálogo e aproximação mútuas. Tal perspectiva não anula nem diminui o valor das identidades religiosas - no caso da fé cristã, a importância de Cristo -, mas leva-as a um aprofundamento e amadurecimento, movidos pelo diálogo e pela confrontação justa, amável e (...) corresponsável. Assim, a fé cristã, por exemplo, seria reinterpretada a partir do confronto dialógico e criativo com as demais fés. O mesmo deve se dar com toda e qualquer tradição religiosa. Consideramos que tal visão, em certo sentido, supera outros modelos como aquele que considera Jesus Cristo e a Igreja como caminho exclusivo de salvação; o que considera Jesus Cristo como caminho de salvação para todos, ainda que implicitamente, o que se denominou inclusivismo; e a perspectiva relativista na qual Jesus é o caminho para os cristãos, enquanto para os outros o caminho é a sua própria tradição, sem maiores esforços de autocríticas, revisões e mútua interpelação. Na visão pluralista, os elementos chaves da vivência religiosa e humana em geral são alteridade, respeito à diferença e o diálogo e cooperação prática e ética em torno da busca da justiça, da paz e do bem-comum. A aproximação e o diálogo entre grupos de distintas expressões religiosas cooperam para que elas possam construir ou reconstruir suas identidades e princípios fundantes. Palavras-Chave : Teologia das religiões. Cristologia pluralista. Diálogo inter-religioso. Asbtract This essay presents a plural Christological perspective towards inter-religious relationships, from the perspective that every religious expression has its own faith and salvific proposal that should be accepted, respected, properly valued and improved through mutual approach and dialogue. Such perspective does not negate nor diminishes the value of religious identities – in the case of the Christian faith, the importance of Christ – but leads them to deepen and mature themselves, being moved by dialogue and fair confrontation, one that is loving and co-responsible. Thus, the Christian faith, for instance, would be reinterpreted by means of creative dialogical confrontation vis-a-vis other faiths. The same should take place with each and every religious tradition. We consider that this understanding, in a certain way, supersedes other models such as that which considers Jesus Christ and the Church as the only and exclusive means of salvation; the one that considers Jesus Christ as the way of salvation for everyone, even if implicitly stated, what has been termed as inclusivism; and the relativistic perspective, in which Jesus is the way for Christians, while for others the way is their own tradition, without greater efforts on self-criticism, self-revision and mutual interpellation. In the pluralist perspective, the key elements of religious life and human life in general are alterity, respect for differences, dialogue and mutual practical and ethical cooperation for justice and common well-being. The mutual approach and dialogue between groups belonging to distinct religious expressions cooperate in order for them to construct or reconstruct their identities and founding principles. Keywords: Theology of religions. Pluralist Christology. Inter-religious dialogue. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:A New Direction for Comparative Studies of Buddhists and Christians:Evidence from Nāgārjuna and John of the CrossAbraham Vélez de CeaIs Nāgārjuna's emptiness a means to point out the inadequacy of logic and concepts to express the nature of the Ultimate Reality? Similarly, are John of the Cross's concepts of nothingness and emptiness examples of the apophatic path to God? In sum, is emptiness in Nāgārjuna and John of the (...) Cross comparable to the Christian via negativa and the apophatic path to God?If you answered yes to any of these questions, I believe you might be interested in reading this article carefully. You are not alone; in fact most if not all previous discussions of Nāgārjuna and John of the Cross in the field of Buddhist-Christian studies have assumed an affirmative answer to the former questions. The comparisons of D.T. Suzuki, Thomas Merton, and the Kyoto school between the Christian God and Buddhist emptiness, as well as the comparisons of members of the Masao Abe–John Cobb group, have greatly contributed to this apophatic interpretation of emptiness. The enormous contributions of D. T. Suzuki, Thomas Merton, the Kyoto school, and the Abe-Cobb group to the field of Buddhist-Christian studies cannot be sufficiently praised and appreciated. However, the future of Buddhist-Christian studies and Buddhist-Christian dialogue requires a new comparative direction, a shift from comparative theory to comparative praxis, from doctrinal comparisons to more ethical and spiritually relevant comparisons.This new direction provides Buddhist-Christian studies with a more practical orientation necessary for the urgent needs of our planet as well as for the needs of a growing number of members of different religions with pluralist attitudes. By pluralist attitudes, I do not mean a relativistic standpoint, but rather an attitude of intellectual humbleness and dialogical openness toward other religions. That humble and dialogical openness seeks neither to proselytize nor to create a new religion. Rather, the objective is to build bridges of understanding and solidarity among religious communities and to be personally enriched by the contributions of all religions.In order to justify the need for this new and more practically oriented comparative [End Page 139] direction, it is imperative to review previous scholarship in the field of Buddhist-Christian studies. A comprehensive analysis of all past scholarship would be too ambitious a goal for the purpose of this article. Thus, in the first part of this article I limit myself to reviewing those questionable hermeneutical tendencies that I have identified in former Buddhist-Christian discussions of John of the Cross and Nāgārjuna. In the second part, I continue the justification of this new direction for Buddhist-Christian studies by providing a specific example, namely, a comparison of the instrumental ethical function of emptiness in Nāgārjuna and John of the Cross.Hermeneutical Tendencies in Previous Buddhist-Christian Studies of John of the Cross and NāgārjunaHermeneutical Tendencies in Comparisons of John of the Cross and BuddhismIn the case of John of the Cross, I have identified three questionable hermeneutical tendencies. The first one is to exaggerate the similarity between John of the Cross and Buddhism. Take, for example, what Thomas Merton—whose pioneering work on Buddhist-Christian dialogue deserves careful study—said in 1968: "Frankly, I would say that Zen is nothing but John of the Cross without the Christian vocabulary" (quoted in Nugent 1996: 53). This comparison suggests that the teachings of Zen and John of the Cross are virtually identical, neglecting important differences between them.Similarly, Christopher Nugent compares John's experience of one's own true self to the experience of Buddha-nature, and describes satori as a fusion of all and nothing, and the coincidence of opposites. For Nugent, John of the Cross is not only a Zen master, but also "more Taoist than dualist" (1996: 62–64). These comparisons of John of the Cross to Zen and Taoism concepts fail to bring justice to his ideas. John of the Cross cannot be categorized a nondualist because he maintains a clear distinction between God and creatures. Similarly, from an ethical... (shrink)

Many philosophers accept the idea that there are duties to promote or create just institutions. But are the addressees of such duties supposed to be individuals – the members of the citizenry? What does it mean for an individual to promote or create just institutions? According to the ‘Simple View’, the citizenry has a collective duty to create or promote just institutions, and each individual citizen has an individual duty to do their part in this collective project. The simple view (...) appears to work well with regard to – you guessed it – ‘simple’ scenarios but it is riddled with further questions and problems. In this chapter, we raise five problems for the Simple View: (a) We suggest that one cannot develop a view concerning the citizenry’s duty to promote just institutions in isolation from a conception of the ontological relationship between the state and its citizens; (b) We argue that it is not obvious that the citizenry is the right entity to be attributed duties in the first place; (c) We show that a plausible account of collective duties to promote just institutions must not remain silent on the complexities and difficulties amorphous, unorganized group face in vis-à-vis collective action; (d) We contend that without allocation principles for contributory duties amongst the citizenry, or – alternatively – a method for practical deliberation that is action-guiding in collective action contexts, the claim that the citizens have a collective duty to promote just institutions remains moot; and, finally, (e) We demonstrate that the problem of reasonable disagreement is a serious threat to a collective duty to promote or create just institutions – it potentially undermines such a duty altogether and allows for conflicting contributory duties amongst the citizenry. We hope that our discussion will ultimately help improve existing theories and conceptual frameworks with a view to better understanding citizens’ obligations to promote justice under non-ideal conditions. (shrink)

In the history of philosophy, Jacques Rohault and Pierre-Sylvain Régis bear a twofold burden. They are professed followers, epigones. Worse yet, the natural philosophy they teach has been consigned to the Tartarus of fable: not a theory that failed, but something that failed even to be a theory. In the years in which they were turning Cartesianism into a system, Newton and Huygens were preparing its demise. Its empirical claims were refuted, its mathematics was rendered obsolete by the calculus, its (...) vortices and channelled magnetic particles met with the same rough justice Descartes meted out to Scholastic forms and qualities. Canonical history has little use for such figures. It prefers originals. Yet if ideas and arguments are not to seem to pass magically from one great mind to the next, we must have some account of the channels through which what was once novel and unique sediments into cliché and common ground. Those channels are not without bias and noise. Inevitably, currents from different streams meet and mix more or less coherently in the works of secondary figures, especially in the competitive intellectual world of the later seventeenth century, with its sometimes ferocious polemics fuelled by religious and political opposition. Cartesianism became a movement and—to use Leibniz’s word—a sect, divided within by disputes over the legacy of its founder, and facing opposition without from steadfast Aristotelians, pious theologians, and the avant garde of the new science. In Régis and Rohault Descartes’ legacy took the outward form of “system”. They present themselves as reworking Cartesian concepts and arguments into something coherent and comprehensive. Rohault, the more modest of the two, aims to reform the teaching of physics, still weighed down by the dead hand of Aristotle. He retains for the old philosophy only what is true and conjoin it with the new physics of Descartes, in whom France is no less fortunate than Greece once was in Aristotle (Rohault 1718, “Præfatio”).. (shrink)

The thirtieth anniversary of the publication of the Kairos Document was celebrated in August 2015. This was the most radical of several theological declarations issued by Christians during the struggle against apartheid. Arguing that theology itself had become a site of that struggle, it rejected ‘state theology’, which gave legitimacy to apartheid, and ‘church theology’ which promoted reconciliation without justice as its pre-requisite. Against these, it presented a ‘prophetic theology’ as a challenge to the churches in response to (...) what was perceived as a kairos moment. Since then the Kairos Document has inspired a global movement in which its social analysis and understanding of prophetic theology has been adopted in a variety of contexts, most notably in the Kairos-Palestine Document. In reflecting on the significance of this global kairos movement, I firstly examine the meaning of ‘prophecy’ and ‘prophetic theology’, arguing that ‘prophetic theology’ is in continuity with the message of the Hebrew prophets and the ministry and mission of Jesus. Secondly, I examine the use of the term kairos to describe historical turning points which demand such a prophetic theological response. Thirdly, I address the need for an ecumenical prophetic ecclesiology that foregrounds the responsibility of the church to discern and understand those God-given kairos moments in history that demand a prophetic response. (shrink)

:This article analyzes the criteria for the distribution of healthcare services through different justice theories such as utilitarianism and liberalism, pointing out the problems that arise when providing services to a culturally diverse population. The international epidemiological setting is a favorable one for discussing personal responsibility and luck egalitarianism; however, some provisions have to be made so that healthcare institutions do not treat ethnic, cultural, religious, and linguistic minorities unfairly. The article concludes by proposing that accommodations and culturally sensible (...) attention should be provided when possible, without affecting the equal opportunity of others to access these services. (shrink)

After describing the challenges, myths, exclusions and opportunities of urban regeneration, this article explores the potential interface between faith-based action and different forms of urban regeneration. Focusing on different South African cities, it considers how faith-based action could participate in regenerative urban work. Faith-based action will refer to the varied responses of churches and faith-based organisations to urban challenges and transitions. It interrogates whether faith-based action only represents many similar approaches that address urban problems superficially without mediating long-term, systemic (...) change, or whether it indeed contributes to urban transformation in the sense of radical inclusivity and socio-structural spatial justice. Finally, it considers socio-theological sources that could potentially ground urban faith-based action theologically – such as an urban spirituality, an understanding of regeneration as integral liberation and mobilising socio-spiritual capital – whilst making a distinctive contribution to the processes of socially inclusive urban regeneration. (shrink)

Aldehyde dehydrogenase 2 (ALDH2) deficiency constitutes one of the most common hereditary enzyme deficiencies, affecting 35% to 40% of East Asians and 8% of the world population. It causes the well-known Asian Alcohol Flush Syndrome, characterized by facial flushing, palpitation, tachycardia, nausea, and other unpleasant feelings when alcohol is consumed. It is also associated with a marked increase in the risk of a variety of serious disorders, including esophageal cancer and osteoporosis. Our recent studies with murine models have demonstrated that (...) a one-time administration of an adeno-associated virus (AAV) gene transfer vector expressing the human ALDH2 coding sequence (AAVrh.10hALDH2) will correct the deficiency state and prevent alcohol-induced abnormalities of the esophagus and bone. If successful in humans, such strategy would reduce the increased risk-associated disorders such as esophageal cancer and osteoporosis, but also prevent the Asian Alcohol Flush Syndrome. This treatment thus raises ethical concerns: although it would potentially prevent fatal disease, it could also allow affected individuals to drink alcohol without suffering the Asian Alcohol Flush Syndrome and, hence, potentially enable personal destructive behavior. Here we explore the ethical arguments against the development of a gene therapy for ALDH2 deficiency and we find them wanting. We contend that development of such treatments is ethically appropriate and should be part and parcel of the solutions offered against the condition. (shrink)

In this paper we engage with and contribute to the critical project of highlighting the dilemmas that arise from structurally unequal and unjust social, political, and institutional realities when dealing with past wrongs or, better phrased, historic injustices. We emphasise the present-time character of historic injustices. We think that there is a risk of allochronism in discussing historic injustices mainly as wrongs done in the past. This risk consists in making people forget that redressing these injustices is something to be (...) done in an unjust present structured by domination, and that those very past wrongs and harms helped to shape the present-time condition of structural injustice. As the misplacing in the past phenomena that occur in the present and in one’s practical context, allochronism has the effect that people do not feel responsible for those present-time injustices that derive from wrongs done in the past. Our aim is to propose one way of dealing with this risk of misallocating responsibility (and thus accountability), which consists in intersecting the notion of historic injustices with the notion of coloniality. After showing how an approach oriented by the notion of coloniality helps surmount the negative effects of allochronism and provides a significant complement to a structural approach to injustice (Sect. ‘ Coloniality and Responsibility for Justice ’), we turn to Frantz Fanon (Sect. ‘ Fanon ’) and José Carlos Mariátegui (Sect. ‘ Mariátegui ’) to illustrate the relationship between coloniality and justice and how it is possible to render a construal of ‘past wrongs’ without losing sight of their pervasiveness in the present time. (shrink)

With the principle of tour de force, we refer to the use of the power of moral legality, the strength of statutes, and the fairness of judgments. A quantum force of moral legality and legal morality serves as an imperative force in the implementation of fair criminal justice, as well as in the prevention of future victims across the globe. Contrary to positivist ideas, the simple notion of morality contains within itself the very essence of international criminal norms. If (...) the source of morality did not exist in the structure of our criminal justice, we could no longer call it criminal justice and would instead have to call it criminal revenge. Beyond the moral essence of international criminal justice, we also challenge the hidden illegality and immorality of certain attitudes. This is done in order to prevent acts which violate human rights law and criminal justice provisions. The codes of international human rights law cannot properly function without the comprehensive nature of morality which elevates the moral virtue of international criminal justice and strengthens the tour de force. One may observe that the principle of the tour de force of the moral virtue within the system of international criminal justice loses its legal power when governments attempt to justify their unjust decisions. This is the main reason why the major potential value of the tour de force of the moral virtue of human rights law and international criminal justice is not as strong as it should be. In order to achieve a vision of the tour de force of moral virtue, we need to establish a devoted influential ethical vision of the truth beyond political tradition. An unparalleled philosophical piece of literature for libraries. (shrink)

Should immigrants have fewer cultural and language rights than citizens and long-settled groups, and if so, on what moral ground? In the first part of the paper, we develop a novel critique of Kymlicka’s account of voluntary cultural rights alienation, arguing that it is only plausible in the context of emigration, not immigration. We argue that the choice to immigrate cannot be considered voluntary without it being sufficiently clear to the migrant what her rights and duties will be in (...) the new society. If so, then voluntariness cannot morally ground a particular rights regime in the destination country. Any such rights regime must be justified on independent moral grounds. Secondly, we argue that voluntariness can play a different role in a normative argument for cultural rights-differentiation between citizens and denizens. It can i) mitigate the overall injustice of differential treatment; and it can ii) instantiate the justice of how rules apply to the immigrant in a reasonably just society. Thirdly, we sketch an alternative moral grounding of cultural and language rights differentiation that rests, not on voluntariness, but on a contextual analysis of the relevant interests involved. While the protection of these relevant interests gives us reasons to prioritize the language(s) of long-settled groups in many cases, there is no general case for restricting the full recognition of language and culture to long-settled groups. (shrink)

García’s and Oblak’s reviews of my book Enactive Psychiatry open up some fundamental debates with regard to my use of the term “enactive” for the kind of approach that I develop. Is my account still properly “enactive” (García) and how does my approach compare to the extended mind theory on the one hand and to constructivism on the other hand (Oblak? In this response, I argue that (a) adding an existential dimension to enactivism is necessary to do justice to (...) our way of being in the world and our specific sense-making and its problems; and (b) that this dimension can be incorporated within enactivism without giving up on either enactivism’s commitment to naturalism or the enactive life-mind continuity thesis. My “existentialized” enactivism is very much enactive in that it adopts the thoroughly relational perspective that forms the core of enactivism. This relational perspective is also what distinguishes enactive theory from both extended mind theory and constructivism. Erratum: In §1, the name of the first commentator is misspelled: Her name is “Enara García” rather than “Elena García.”. (shrink)

While it is generally accepted that deconstruction’s principal target is the “metaphysics of presence” and thus a presentist conception of time and being, it is less well known that Derrida connected the deconstruction of presence to an idea of justice that is from the beginning intergenerational, that is, concerned with the dead and the unborn. The first section of this paper re-inscribes the idea of “my life” or “our life” in Derrida’s concept of life as “living-on” to show that (...) justice arises with a disjointed time that began before me and is already in the process of outstripping my life toward a future without me. In the second section, I sketch a concept of indirect intergenerational reciprocity in conversation with Derrida as well as with extant work on reciprocity in normative theory and economics. While Derrida’s ideas can be operationalized and fleshed out with the help of this other literature, the disjointed time pertaining to living-on permits new responses to some common objections to intergenerational reciprocity. (shrink)

International human rights concepts and documents figure prominently within theories of global justice. Appeals to human rights often rely on theories and interpretations that rank human rights in relation to one another designating some as more important or more crucial than others such that they may or must be given priority. In this paper I argue that hierarchical ranking of human rights should be rejected by theorists of global justice because such ranking: (a) undermines the effectiveness with which (...) human rights operate as principled constraints on state actors; and (b) is inconsistent with the international legal framework and practice from which the human rights concepts and documents draw their rhetorical force. Instead theorists of global justice should accept the indivisibility principle, which states that all human rights are interrelated and interdependent and must be treated on the same footing and given the same emphasis. The attraction of hierarchical ordering rests on misguided concerns about the practicality of indivisibility that fail to properly distinguish between rights and claims and ignore important dimensions of human rights implementation and assessment. I argue that indivisibility is both pragmatically defensible, provides a better theoretical grounding for understanding complaints about violations, and offers a better framework for understanding the relationship between human rights and legitimacy than hierarchical ordering. (shrink)

The work of Lawrence Kohlberg has become the central focus in both the research and applied dimensions of moral education. While teachers and academics are generally familiar with Kohlberg's account of his six stages of moral development, his hints about a highest and culminating seventh stage have had no sustained critique. This essay attempts to provide a detailed account and critique of all of Kohlberg's writings dealing with stage seven, from a philosophical standpoint. This essay critiques Kohlberg's analysis of Moore's (...) naturalistic fallacy, and rejects his attempt to disarm the fallacy by adopting a strategy of ?parallelism?, or ?complementarity?. I argue that it might be better to accept the fact that one cannot derive an ought from an is, and then to view ought-claims as selected or preferred is-claims. This allows morality to remain sui generis, and the support for a moral choice must arise from the complete ?story? or world-view in which it is embedded. Stage seven is not just any ?whole story?, however, but the best or ideal whole story. As well, it serves as the answer to the fundamental ethical question, ?but why should I be moral in the first place?? Stage seven gains its justificatory power from its stance of empathetic identification of the moral agent with others, and with the cosmos as a whole, as thinkers as varied as Marcus Aurelius and Teilhard de Chardin have suggested. If stage seven is, as Kohlberg argues, an ethics of love, and if the first six stages are to be thought of as comprising an ethics of justice, then what is to be done if they conflict? Kohlberg deals with this question, and eventually decides in favour of justice, even given the seventh stage as somehow the ground of all normativity in his system. I argue that he cannot consistently adopt a parallelist thesis here, but needs to recognize the normatively fundamental character of his own seventh stage. It serves as his ?whole story?, on which the previous six stages all rest. Kohlberg's own thesis forces him to retain an ethics of justice only until one reaches the level of agape. Then, as with all higher stages, the lower stages are not abandoned, but are taken up and enriched by the thinking and acting which emerge from the higher stage perspective. Neither justice nor agape can stand alone as sufficient basis for an adequate ethics. But it is agape that is the more fundamental, and which enriches justice without rejecting its generally overwhelming claims. Stage seven consciousness simply reminds one that justice is not enough, even though it does constitute the largest part of ethics. (shrink)

Uterus transplants (UTx) provide women without a uterus the possibility of experiencing gestational motherhood. This paper delineates the complex bioethical landscape surrounding UTx, focusing on the critical aspects of informed consent, risk–benefit analysis, justice considerations, and the distinct challenges encountered by both donors and recipients. While not discussing UTx directly, John Harris’ seminal work, The Value of Life: An Introduction to Medical Ethics (1985) in its advocacy for reproductive freedom and informed consent provides an informative starting point for (...) the discussion. As an example, UTx is analyzed within the socio-political context of Mexico. The impact of the Mexican healthcare and legal systems on UTx procedures is discussed and the regulatory measures necessary to ensure that UTx is conducted ethically and equitably are outlined. (shrink)

The article interprets Kierkegaard’s thesis that “truth is subjectivity,” unfolding four possible meanings:1. the deepest kinds of knowledge can only come from lived experience;2. self-knowledge is essential for metanoia or change;3. if the “how” is right, then the “what” or the truth will also be given; and4. the deepest importance of truth lies in living it.These reflections are then related to personalist themes: the incarnate person as responsible, as inviolable, and as averse to coercion; the incarnate person as having a (...) mysterious interiority, an infinite abyss of existence, and as never reducible to a mere part of a whole nor simply determined from within or without; this interiority is not isolating but opens up toward others; and freedom is not arbitrary but implies universal moral and particular religious calls.Finally, I ask whether Kierkegaard’s personalism is too individualistic and does not do full justice to some of the themes here. (shrink)

O artigo procura mostrar que sem uma comunidade civil democratizante de justificação, em lugar do atual sistema internacional, as normas da justiça global não passam de uma ficção, uma mera expressão do imperialismo cultural e político, um instrumento de controle e dominação dos povos em escala mundial, segundo um modelo colonizador ampliado que torna as declarações dos direitos humanos inoperantes. PALAVRAS-CHAVE – Direitos humanos. Ética. Habermas. Justiça global. Normas internacionais. Rawls. ABSTRACT The article seeks to show that without a (...) civil, democratizing community of justification, replacing the current international system, the norms of global justice remain a fiction, a mere expression of cultural and political imperialism, an instrument of control and domination of the peoples worldwide, according to an enlarged colonizing model which render the declarations of human rights inoperative. KEY WORDS – Ethics. Global justice. Habermas. Human rights. International norms. Rawls. (shrink)

RESUMEN. “Justicia ambiental” es un binomio léxico complejo formado por un sustantivo (justicia) y un adjetivo (ambiental), lo cual no significa ni supone la prioridad o consecuente sumisión semántica de un té????????entescciado por un sustantivo (justicia) y un adjetivo (ambiental) que no supone la sumisiérmino sobre el otro, sino al contrario: la interacción e interdependencia de los componentes lingüísticos de la expresión refleja una predisposición del estado de ánimo e incluso una intención favorable u optimista hacia su aceptación incondicionada por (...) parte de todos, sin tener en cuenta la conveniencia de incidir en su contenido, equívoco o difuso en muchas ocasiones, bajo la necesaria observación de la evolución histórica del concepto desde un planteamiento político, social y jurídico. ABSTRACT. “Environmental justice” is a lexical binomial complex formed by a noun (justice) and a adjective (environmental), which neither means does not even suppose the priority or consistent semantic submission of a term to other one, but on the contrary: the interaction and interdependence of the linguistic components of the expression reflects a predisposition of the state of mind and even a favorable or optimistic intention towards his acceptance undetermined on the part of all, without bearing in mind the convenience of affecting in his content, pun or fuzzy in many occasions, under the necessary observation of the historical evolution of the concept from a political, social and juridical exposition. (shrink)

Résumé: Ce chapitre porte sur les théories de la justice distributive entre générations. La première partie discute trois défis à la possibilité même de parler d’obligations de justice intergénérationnelle : le problème de la non-existence, le problème de la non-identité, la conclusion répugnante. La deuxième partie discute la justification et la définition des obligations de justice à l’égard des générations futures, à partir de trois théories : le suffisantisme, le welfarisme, le principe de juste épargne de Rawls. (...) Cette discussion conclut que : (i) la version la plus plausible du suffisantisme prôné par le célèbre rapport Brundtland est un suffisantisme multiniveaux, qui permet de prioriser la satisfaction des besoins de base des différentes générations tout en reconnaissant l’importance de garantir les aspirations dans un second temps. (ii) Le problème de la malléabilité des préférences futures semble de prime abord une objection décisive contre le welfarisme intergénérationnel : même si nous leur léguions très peu de ressources et un environnement dégradé, nous pourrions apprendre aux générations suivantes à adapter leurs préférences à cette situation. Nous montrons que le welfarisme peut répondre à cette objection. (iii) Une interprétation à la fois suffisantiste et limitiste du principe de juste épargne rawlsien est proposée : l’épargne intergénérationnelle est requise jusqu’à ce que le capital accumulé suffise à maintenir les institutions justes ; sous la forme de croissance des richesses matérielles, l’épargne intergénérationnelle est prohibée au-delà d’une certaine limite car elle érode le sens de la justice. La troisième partie aborde la question de la mise en œuvre de la justice intergénérationnelle en contexte non-idéal. -/- Abstract This chapter is about distributive justice between generations. The first part discusses three challenges to the meaningfulness of talking about obligations of intergenerational justice: the non-existence problem, the non-identity problem, the repugnant conclusion. The second part discusses the justification and definition of justice obligations towards future generations, according to three theories: sufficientarianism, welfarism, Rawls’s just savings principle. This discussion reaches three conclusions. (i) The most plausible version of Brundtland’s sufficientarianism is multilevels sufficientarianism, which enables us to prioritize meeting the basic needs of each generation over the fulfilment of their aspirations, without denying the importance of realizing these aspirations once needs are being met. (ii) At a first glance, the fact that future preferences are malleable seems a problem for intergenereational welfarism and a decisive objection against it. Even if we bequeathed very little resources and a degraded environment to the next generation, we could teach them to adapt their preferences to this situation. We argue that welfarism can answer this objection. (iii) We propose an interpretation of Rawls’s just savings principle that is both sufficientarian and limitarian. Intergenerational savings are required until enough capital is accumulated to maintain just institutions over time. Intergenerational savings in the form of material wealth growth is prohibited beyond a certain limit because it erodes the sense of justice. The third part addresses how to implement intergenerational justice in a non-ideal context. (shrink)

RESUMO O objetivo do presente trabalho é propor, mediante o papel que a relação entre método e objetivos desempenha em "A theory of justice", uma possível leitura da abordagem contratualista sui generis adotada por Rawls em sua obra-prima. De modo particular, aproveitaremos, como ponto de partida, duas críticas que Onora O'Neill apresenta em uma de suas últimas intervenções sobre o pensamento de Rawls. Tentaremos mostrar, então, como tais críticas padecem de certa inconsistência, na medida em que for enfatizada a (...) complementaridade entre alguns aspectos metodológicos e os objetivos gerais assumidos em "A theory of justice", sobretudo, no que diz respeito à caracterização da posição original como situação ideal de deliberação entre agentes racionais que se reconhecem como livres e iguais em sua pluralidade. Nesse sentido, concentrar-nos-emos na interpretação do nexo entre o véu de ignorância e o equilíbrio reflexivo como momento constitutivo de um processo de reflexão prática em que interagem, sem contradição, racionalidade lógicoformal e razoabilidade das restrições. Daí, indicaremos, em linhas gerais e de maneira absolutamente provisória, em que termos nos parece possível compatibilizar construtivismo e contratualismo em "A theory of justice". ABSTRACT The aim of this paper is to propose, through the role that the relationship between method and objectives plays in "A theory of justice", a possible reading of the contractarian sui generis approach adopted by Rawls in his masterpiece. In particular, we will take advantage, as a starting point, of two critical objections that Onora O'Neill presents in one of her latest interventions on Rawls' thought. Then, we will try to show how such critical objections are somewhat insubstantial, to the extent that the complementarity between some methodological aspects and the general objectives assumed in "A theory of justice" is emphasized, especially with regard to the characterization of the original position as ideal situation of deliberation among rational agents who recognize themselves as free and equal in their plurality. In this sense, we will focus on the interpretation of the link between the veil of ignorance and the reflective equilibrium as a constitutive moment of a process of practical reflection in which logical-formal rationality and reasonableness of restrictions interact, without contradiction. Hence, we will indicate, in a general and absolutely provisional way, in which terms it seems possible to reconcile constructivism and contractualism in "A theory of justice". (shrink)

This book is an important effort to fill a notable void in moral and political philosophy, for there has been, according to Sharon K. Vaughan, “no formal study of the treatment of poverty in Western political thought” . Vaughan attempts to rectify this with a survey of the views of Plato, Aristotle, Locke, Rousseau, Adam Smith, Mill, de Tocqueville, Hegel, Marx, Rawls, and Nozick on the subject of poverty, the poor, the redistribution of wealth, and justice. Her effort is (...) valuable, even if more work remains to be done.The time is well chosen for Vaughan’s undertaking, both because of the resurgence of political philosophy in the past forty years and also because of a more recent interest in the relationship between the empirical sciences and philosophy. An account of poverty, and a philosophical theory of how to respond to poverty, are clearly of importance to the justice project, central to contemporary political philosophy; but it is unlikely to be carried out well without attention to empirical details concerning the sources of poverty, the demographics of the poor, analyses of programs that have, and have not, been effectively used in the past, and the like. As Daniel Shapiro has recently shown in Is the. (shrink)

This paper identifies three sets of problems of a specific ethico-political type, generated by the interrelationship between ethics and politics in the areas of world justice and global politics. One instance in which this interrelationship is tested is that of the conflict of duties and values as it appears in the particular domain of the relations amongst sovereign nation states as well as between them and other social groups. Following the general Introduction, the main body of the paper contains (...) the following three sections. (1) Without elaborating on the detailed mechanics of Kant's theory of perpetual peace, Section II discusses criticisms against the Kantian version of world peace in the context of which the first problem is encountered. The problem identified here is the ambiguity as to whether the establishment of a federated kind of peaceful co-existence between sovereign nations depends on the moral improvement of mankind or whether it is the other way round--i.e. whether ethical progress is a necessary presupposition or, rather, a consequence of political peace. That is, what is here identified as worrying is that the direction of dependence is not clear in such a proposal. Furthermore, such an approach, when applied to certain cases of inter-state differences, yields a rather alarming result as to the de-politicization of national states (Section II.2). (2) Yet such a type of international federalism requires a certain, peculiar, kind of legal enforcement of order without recourse to a supra state. So a re-examination of the notion of a legal order in general is needed. Given these requirements, Section III moves on to discuss moral conflict from the standpoint of relativism as it appears in the ethical and in the legal spheres. The second of our problems, identified in this section, is that, before discussing world justice we must first acknowledge the special relation and asymmetry between ethical standards and legal rules required by such a world order. (3) Finally, Section IV asks whether, given the above two problems, it is possible to envisage theoretically the logical possibility of moral conflict-resolution by postulating unchanging and encompassing super-norms of conduct. These special norms, if possible, would be able to direct action unequivocally when confronted with ethical or other dilemmas of duties (involving equally valid but conflicting demands among sovereign nations). This is the third problem. The Conclusion offers an evaluation of the whole discussion. These three ethico-political problems are shown to be interrelated. The overall thrust of the discussion is that it points to a number of philosophical difficulties in understanding the changing role of national states in a globalized political, economic and cultural environment. Accordingly, such difficulties have repercussions for any moral criticism of issues of world justice and global politics. I must make clear at the outset, though, that the discussion does not concern international relations theories per se. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Social Justice and Subsidiarity: Luigi Taparelli and the Origins of Modern Catholic Social Thought by Thomas C. BehrPatrick Auer JonesSocial Justice and Subsidiarity: Luigi Taparelli and the Origins of Modern Catholic Social Thought by Thomas C. Behr (Washington, DC: Catholic University of America Press, 2019), ix + 259 pp.The status of Leo XIII's Rerum Novarum as the origin point of what has come to be called (...) Catholic Social Teaching (CST), or Catholic social doctrine, has been reinforced on the magisterial level by the commemorations of the encyclical by Pius XI, Paul VI, and John Paul II. It should be noted, then, that the tradition of CST is comparatively recent. Indeed, it is nearly coextensive with the twentieth-century. Nevertheless, this short tradition already calls for a ressourcement. As Russell Hittinger has pointed out, reflections on CST often move swiftly to the particulars of social issues without an adequate grasp even of its basic concepts: subsidiarity, solidarity, the common good, and the dignity of the person. Further, historical [End Page 1101] developments have had dramatic impact upon the ways in which these principles have been received and developed in the course of this young tradition.In his book Social Justice and Subsidiarity: Luigi Taparelli and the Origins of Modern Catholic Social Thought, Thomas C. Behr provides a major contribution to just such a ressourcement. He does this by presenting an introduction to the thought of the Jesuit scholar whose revival of Thomistic thought in a modern register formed the basis for Leonine social teaching. As Behr explains, Taparelli has remained a somewhat hidden figure in accounts of the genesis and development of CST. He goes unmentioned in the major social encyclicals of Leo and Pius, despite the fact that Leo himself was Taparelli's student. Because of his rhetorically and philosophically potent critique of Enlightenment thought and its effect on mid-nineteenth-century Europe, available to a popular audience through his frequent contributions to the Jesuit periodical La Civiltà Cattolica, Taparelli's name carried baggage for a Church that sought to move beyond the posture of reaction to liberal political orders.However, as Behr shows in the introduction, Taparelli hardly rejected the methods and insights of modern political thought tout court. Behr describes Taparelli's system as a "realist social science." This terminology speaks to the promise which Taparelli found in the sociological analysis of Montesquieu in particular. Though Taparelli judged that Montesquieu held a questionable preference for a republican political form, he greatly admired Montesquieu's ability to, as Behr puts it, "bring political theory into relationship with social theory and historical contingency" (8). Though Taparelli was not familiar with the work of Alexis De Tocqueville, Behr also notes the resonances between Taparelli's work and Tocqueville's political sociology and defense of "intermediary institutions." Yet Taparelli makes up for what the sociological approaches of Montesquieu and Tocqueville lack in the way of natural, teleological principles of politics. Behr alerts the reader from the very beginning of his work that, in approaching Taparelli, he will not find a simple recapitulation of Thomas, but rather a creative approach to political thought which aims to set what is worthy in the modern empirical methodologies on firmer foundations through the recovery of Thomistic-Aristotelian principles.In chapter 1, "Taparelli and the Age of Ideology," Behr situates Taparelli within the political conflicts of the early nineteenth century. Behr sets the scene for Taparelli's renovated Scholasticism by explaining the opposition between Catholic traditionalism (represented especially by Joseph De Maistre and Donoso Cortés) and Catholic liberalism (represented especially by Henri Dominique Lacordaire and his more radical associate Felicité de Lammenais). While the Catholic liberals aimed to convince both [End Page 1102] the ecclesiastical hierarchy and the anticlerical, postrevolutionary governments of Europe that Christianity upheld liberal and republican ideals, the traditionalists argued that Europe's moral and political derangement was the result of a rejection of the norms of tradition—especially of papal and monarchical authority. Remarkably, Taparelli entered neither of these camps. In the opening chapter, Behr stimulates the contemporary reader's interest by showing how Taparelli responded to a crisis of ideologies—progressive and... (shrink)

À quoi sert la position originelle? La réponse à cette question s’impose immédiatement à l’esprit du lecteur de Rawls: la PO sert à garantir l’impartialité et l’équité des principes de justice en jetant un voile d’ignorance sur les intérêts particuliers des partenaires. Elle permet l’unanimité autour des principes de justice en créant les conditions nécessaires à la validation du processus kantien d’universalisation, puisque les principes sont considérés comme des impératifs catégoriques par ceux qui les choisissent.Nous défendons la thèse (...) selon laquelle les raisons invoquées par Rawls pour justifier et légitimer la PO ne sont pas de bonnes raisons. Après avoir examiné ce qui met à mal la légitimité conceptuelle de cet «artifice d’exposition», nous proposerons un chemin différent qui conduit aux principes élus par Rawls lui-même sans passer par la PO, et en tirant les implications du conflit traditionnel entre intérêt personnel et morale.What’s the purpose of the original position? The answer to this question seems obvious to Rawls’ reader: the OP makes the principles of justice impartial and fair by dropping a veil of ignorance on the partners’ particular interests. It also makes the unanimity on these principles of justice possible by creating the conditions which will validate the kantian process of universalization, given the fact that principles are viewed as categorical imperatives by those who choose them.In this paper, I will try to show that the reasons Rawls gives to justify his use of the OP are not good ones. After studying the lack of conceptual legitimacy of this «device of exposition», I will then propose another road to Rawls’ principles of justice, without using the OP. This will be done principally by analysing the consequences of the traditional conflict between morality and personal interest. (shrink)

In this paper I criticize a growing movement within public policy circles that self-identifies as neoliberal. The issue I take up here is the sense in which the neoliberal label signals a turn away from libertarian political philosophy. The are many import ant figures in this movement, but my focus here will be on Will Wilkinson of the Niskanen Center, not least because he has most prolifically written against libertarian political philosophy. Neoliberals oppose the idea that the rights that libertarianism (...) claims people have are useful guides for making the world a freer place because they forestall too much governmental/democratic political action that they purport to be necessary for increasing freedom. Wilkinson mistakenly takes libertarianism to be a set of ideal public policies for achieving a perfectly free society. If it were, he would be right to turn away from it. But placing rights to freedom at the center of their theory of justice does not commit libertarians to an all-or-nothing approach to political change. Consequences and strategy matter – particularly in a non-ideal world – without abandoning the idea that each individual has a right to freedom. In mistaking libertarian moral claims as a set of policy prescriptions, Wilkinson complains that idealistic policy prescriptions not only fail to take account of how those who disagree will respond to such policies if implemented, but also thereby undermines the justice of those policies in the first instance. Wilkinson proposes that change in the direction of freedom must go through the proper channels of actually-existing democratic legitimacy. It as this stage that Wilkinson’s project comes into direct conflict with libertarianism. Whilst libertarianism is not committed to any particular method of creating a free society under non-ideal conditions, and therefore does not rule out democratic political activism as one among many means of doing that, it cannot be committed to the permanence of democratic political authority, and this is what Wilkinson’s neoliberalism demands above all else. It turns out that Foucault’s characterization of neoliberalism long ago is still accurate to Wilkinson’s own view: that neoliberalism is not about creating a society of free individuals, it is about designing the state apparatus in ways that are inspired by the workings of free society – it is about legitimizing the chains, not breaking them. Neoliberalism is not a pragmatic alternative to libertarianism, but rather a gross misapplication of it. (shrink)

The aim of the paper is to reconstruct and present in a critical perspective the main methodological devices of John Rawls’ Political Liberalism, which introduces the idea of the overlapped consensus as a way to guarantee, in a political sense, social justice within contemporary democratic societies. Those methodological devices are presented in order to reveal their conceptual failures when contrasted with real world situations and to indicate three elements: a) the psychologism of the theory which reduces the individuals of (...) the comprehensive doctrines to an inhuman procedural forgetting of the historical facticity that defines them and provides them with meaning and identity; b) how unfair the overlapped consensus might be, considering that it is developed without taking into account the doctrines and at the expenses of the historical processes for power and struggles for recognition of such doctrines; iii) the limited reach of the methodological devices when applied to the real world, i.e., that when those devices are faced with the realities of the doctrines they lack practical justification. Because of that, liberalism should be considered as another tradition which struggles with the doctrines. (shrink)

The well known conference of Paul Ricœur ‘Love and Justice’, pronounced when he received Leopold Lucas award in 1989, shows a dialectical tension between those two notions, and searches deeper in the philosophical –and even theological– basis that reveals love as rectification and safeguard of justice; without love, justice would be cruel, utilitarian and, paradoxically, unfair, remembering us the old Roman adage: “summum ius, summa iniuria”. Moreover, Levinas, in his “Talmudic Lesson on Justice”, compiled after (...) in New Talmudic Readings, presents a less intuitive position, but no less interesting: justice is the place of forgiveness and love, it becomes humane everything it touches, and that’s why it doesn’t need correction; a justice that needed love, had maybe never been true justice. Here lies a critic that complements and improves both, the theory exposed by Paul Ricœur and its Rawlsian basis. (shrink)

Abstact : This article provides a critical examination of David Estlund’s epistemic proceduralism. Epistemic proceduralism suggests a promising way to justify democracy without renouncing the pursuit of truth. By making the legitimacy and authority of democratic institutions dependent on their general tendency to produce good decisions, rather than on the correctness of their results or on their mere procedural fairness, it shows that they can to be connected to substantial standards, such as justice, without ignoring the persistence (...) of moral disagreements. By subjecting political procedures to a dual requirement, both epistemic and egalitarian, it suggests that a mixed conception of the value of democracy can be articulated. But by refusing to take sides on the nature of truth, on the choice of the relevant substantial standard, or on the moral theory defining the constraints that equal respect imposes on the choice of political procedures, epistemic proceduralism fails in my view to offer a convincing defence of democracy. In order to explain what makes democracy valuable, a philosophical conception must take a position on the nature of truth, justice and equality. -/- Résumé : Cet article propose une relecture critique du procéduralisme épistémique élaboré par David Estlund. Cette théorie suggère une voie prometteuse pour justifier démocratie sans renoncer à la poursuite de de la vérité. En proposant de faire dépendre la légitimité et l’autorité des procédures démocratiques de leur tendance générale à produire de bonnes décisions, plutôt que de la justesse constante de leurs résultats ou à l’inverse de leur seule équité procédurale, il montre qu’elles peuvent être reliées à une visée substantielle, telle la justice, sans ignorer pour autant la persistance des désaccords à son endroit. En soumettant ces procédures à une double exigence, à la fois épistémique et égalitaire, il montre qu’une conception mixte de la valeur de la démocratie est concevable. Mais en refusant de prendre parti sur la nature de la vérité, sur le choix du critère objectif devant guider l’évaluation des décisions politiques ou sur la théorie morale permettant d’expliciter les contraintes que l’égal égard dû aux personnes impose au choix des procédures, le procéduralisme épistémique s’interdit de construire une justification convaincante de la démocratie. Une justification philosophique de la démocratie doit, pour rendre compte de ce qui fait sa valeur, prendre position sur la nature de la vérité, de la justice et de l’égalité. (shrink)

The subject of this study are the argumentation strategies applied by the Polish and German apex courts competent in criminal matters, namely the Supreme Court and the Federal Court of Justice, respectively. The investigation encompasses a total of 200 rulings issued by the criminal panels of these bodies. Particular focus was put on examining which arguments both courts apply to solve interpretation problems, and secondly, how these courts systematize the interpretation process. Methodologically, the examination utilizes, inter alia, the principles (...) of qualitative research, without neglecting the legal dogmatic perspective. A crucial theoretical foundation underlying this study is the distinction between formalistic and substantive legal cultures. The examination reveals that neither the Polish nor the German legal culture is purely formalistic or value-oriented. Nevertheless, the Supreme Court of Poland shows greater affinity for formalistic arguments, whereas the substantive interpretation methods are more widespread in the judicature of the German Federal Court of Justice. In particular, the Polish Court prefers the linguistic interpretation, whereas the German Court favours the purposive approach. (shrink)

David Hume and Simone de Beauvoir agree that human beings have a great deal of control over their moral and political lives, which is well captured in Hume's assertion that "mankind is an inventive species". But Hume argues that the most important thing needed to settle our social lives and determine justice is the agreement on rules of property, while Beauvoir thinks that the rules of property will never be enough to establish the best life, but rather that we (...) should be focusing on freedom. In this article we reconstruct Hume's argument for property, then develop a Beauvoirian critique of Hume that brings out the weakness of any theory of property that does not prevent inequalities of property from interfering with freedom. And then we give the last word to a Humean response to Beauvoir that would insist that there can be no freedom but only violence without rules of property, which she ignores. Both thinkers appeal to humanity as an overriding goal, and perhaps that is the way to reconcile the two: we need both property and freedom to achieve our humanity. (shrink)

Political epistemology has become a popular field of research in recent years. It sets itself the ambitious task to intertwine epistemology with social and political theory in order to do justice to the relationships between truth and politics, or reason and power. Yet many contributions either expand arguments and concepts from traditional epistemology to political phenomena or use existing theories and frameworks from social and political theory to address the politics of epistemological questions. The former approach (prominent, e.g., in (...) the epistemic injustice debate) leads to an epistemisation of political phenomena and concepts coupled with their de-politicization, the latter approach (prominent, e.g., in Frankfurt School critical theory) leads to a politicization of epistemic phenomena and concepts coupled with their de-epistemisation. Instead, it is argued that political epistemology requires reworking even basic concepts, due to its three foundational commitments: It is committed to the claim that socio-material conditions of existence matter epistemically (minimal materialism), to the self-reflection of the socio-material conditions of political epistemology's own arguments and theories (radical self-reflexivity), and to a specific form of epistemic humility (epistemic non-sovereignty). Using the notion of normativity as an exemplary problem, the article closes by highlighting the difficulty of maintaining these three commitments. (shrink)

This article concentrates on manifestations of medieval political philosophy in the Roman de la Rose. In particular, it focuses on two themes, which are crucial for understanding the very foundations of political and social life of human beings: (1) the origins of political community, private property and other social institutions; and (2) the relationship between love and justice, and the political relevance of these two concepts. -/- The first part of the article discusses Jean de Meun’s view concerning the (...) origins of social institutions, and relates it to Ciceronian and Augustinian traditions, which had a deep influence on medieval political philosophy. However, the main focus of the article is on the relation between Jean de Meun’s political ideas and medieval understanding of Aristotle’s political philosophy and moral psychology. Aristotelian influences are traced especially in relation to the second theme, which occupies the latter part of the article. It is argued that the political role of love and justice cannot be understood without taking medieval Aristotelian philosophy seriously. -/- Instead of trying to find historical and textual connections between individual medieval philosophers and Jean de Meun’s poem, the article embraces a different methodological approach: it aims to understand the philosophy behind the poem. This aim is achieved by providing a detailed reading of certain relevant passages, which are analysed against medieval adaptations of Aristotle’s practical philosophy. By such means, the article charts possible connections between scholasticism and La Rose and aims to show that they can—and indeed, should—be understood against thirteenth century Aristotelian philosophy. The result will be a philosophically informed understanding of the political dimensions of the poem. (shrink)

Rawls symbolise les niveaux de raisonnement moral public et non public par l'utilisation des notions de raisonnable et de rationnel. Dans le contexte du pluralisme raisonnable qui caractérise les sociétés démocratiques libérales, il propose une articulation de ces notions qui doit permettre aux citoyens d'adhérer à leurs propres conceptions générales du bien sans pour autant compromettre l'existence d'une conception commune de la justice. R vise à articuler doctrines particulières et conception commune de façon à laisser la place à l'expression (...) des convictions personnelles des individus sans par ailleurs donner une signification égoïste à l'association politique. Cependant, lorsque Rawls précise le contenu de cette conception commune de la justice et la motivation des individus à y adhérer, il menace dangereusement la spécificité morale qu'il accorde en principe à la notion de raisonnable, symbole de cette raison publique, commune, partagée par les citoyens. Après avoir démontré cette difficulté, je souligne en conclusion deux raisons qui y contribuent, soit d'une part la prétention de Rawls de définir un libéralisme strictement politique et d'autre part la difficulté d'articuler une conception cohérente et acceptable de la motivation morale.Rawls uses the notions of the reasonable et the rational to symbolise two levels of moral reasoning : a public one and a non-public one. Reasonable pluralism characterizes liberal democratic societies ; in this context, Rawls looks for a specific articulation of public reason and non- public reasons which could allow citizens to pursue their own conception of the good without compromising the adoption of a common standpoint. Rawls thus wants to link the common point of view of public reason with the comprehensive doctrines citizens defend so as to let them free to build on their own conception, without the political association being reduced to a mere modus Vivendi of egoist people. (shrink)

This article is intended to present a proposal for dialogic digital ethics on a critical reading of the European Commission's independent high-level expert group’s document Ethics Guidelines for Trustworthy AI (2019). These would be digital ethics with a normative horizon for action and criteria for justice based on dialogue and possible agreement between all agents involved and affected by the digital reality. The aim is to show that the participation of all parties involved is not merely advisable but morally (...) required as part of the Commission’s effort to generate common European willingness and governance to deal with the fourth industrial revolution now going on. The acknowledgement of equal dignity implied by people-centric artificial intelligence (AI) is utterly unthinkable without this possibility of equal participation. Without it, trust cannot be generated or guaranteed. As we intend to show, the new principle of explicability plays a decisive role in this objective as a principle with a moral as well as an instrumental. El presente artículo tiene como objetivo presentar los rasgos básicos de una ética digital dialógica a partir de una lectura crítica del documento elaborado por grupo independiente de expertos de alto nivel para la Comisión Europea Ethics Guidelines for Trustworthy AI (High-level expert Group on Artificial Intelligence, 2019). Una ética digital que tiene en el diálogo y acuerdo posible de todos los agentes implicados y afectados por la realidad digital su horizonte normativo de actuación, su criterio de justicia. La finalidad es mostrar que, en su esfuerzo por generar una voluntad común y una gobernanza europeas ante la actual revolución industrial, la participación de todas las partes implicadas no solo es recomendable sino moralmente exigible. El reconocimiento de la igual dignidad que implica una Inteligencia Artificial centrada en las personas no es ni siquiera pensable sin el horizonte de una participación igual. Sin ella, la confianza no puede generarse ni garantizarse. Como pretendemos mostrar, en este objetivo juega un papel decisivo el nuevo principio de explicabilidad, principio que posee un valor moral y no solo instrumental. (shrink)

Although sexual violence against women is on-going and widespread, it is generally not, except in some cases of rape in war-time, viewed as a politically significant phenomenon constituting a grave group-based injustice. After examining why this is the case, Brison argues that one strategy to make salient the political dimension of sexual violence is to call rape "gender-based violence" rather than "sex without consent." Doing so takes rape out of the apolitical interpersonal realm and reclassifies it as a form (...) of injustice by situating it in the contexts of both criminal and civil rights law. (shrink)

“Walter Benjamin, Reader of Kafka: Study, Oblivion and Justice”. In this paper we propose to explore an aspect of Franz Kafka. On the Tenth Anniversary of his Death, an essay that Walter Benjamin wrote in 1934 for the Jüdische Rundschau, and to investigate an idea that does not develop there in extenso: the “study”. Throughout the text, we find that Benjamin relates this idea with two other concepts: first, he argues that study is opposed to “oblivion”, and, on the (...) other hand, links study with the notion of justice. In this way, both characterizations seem to coexist in the essay about Kafka, without the author developing them in depth. The objective of this work is, then, to delve into each of them in order to clarify how Benjamin conceives the study so that it can be associated with both a struggle against oblivion and with justice. (shrink)

The Twelve Member States agreed in December 1991 in Maastricht on an EconomicMonetary Union, including a single currency and an autonomous European central bank by the turn of the century, and on "an ever closer union among the peoples of Europe". The structure of the European Political Union resembles a temple with three pillars : more powers for the European Parliament on a wider ranger of policy issues, a separate framework for a common foreign and security policy, and intergovernmental cooperation (...) on justice and internal aff airs. The new Treaty wilt replace the Treaty of Rome only after ratification in all twelve member states. White EMU and EPU dominated the public agenda, the internal market programme was drawing to a close with nearly all White paper measures adopted. Emphasis shifted to implementation problems. The prolonged conflict between Commission, Parliament and Council on the 1992 budget gave a taste of increasing tensions on budgetary issues, especially between "northern" and "southern" interests. That divide wilt deepen with or without ratification of the Maastricht Treaty. The budgetary battle of 1991 was partly on external relations. The external activities of the EC were all but successful in 1991: disparate conduct in the Gulf War, failure to contain conflict in Yugoslavia, near-collapse of negotiations with the EFTA countries, deadlock in Gatt-talks and the threat of a trade war between the three trade blocks. Ibe European Common Agricultural Policy remained a major stumblingblock in the Gatt-talks. The Commission proposed a radical reform package for CAP, fiercely opposed by France until the end of the year. (shrink)