A novel Protocol Ethics Tool Kit (‘Ethics Tool Kit’) has been developed by a multi-stakeholder group of the Multi-Regional Clinical Trials Center of Brigham and Women9s Hospital and Harvard. The purpose of the Ethics Tool Kit is to facilitate effective recognition, consideration and deliberation of critical ethical issues in clinical trial protocols. The Ethics Tool Kit may be used by investigators and sponsors to develop a dedicated Ethics Section within a protocol to improve the consistency and transparency between clinical trial (...) protocols and research ethics committee reviews. It may also streamline ethics review and may facilitate and expedite the review process by anticipating the concerns of ethics committee reviewers. Specific attention was given to issues arising in multinational settings. With the use of this Tool Kit, researchers have the opportunity to address critical research ethics issues proactively, potentially speeding the time and easing the process to final protocol approval. (shrink)

The most fundamental challenge facing humans today is the imminent destruction of the life-generating and life-sustaining ecosystems that constitute the planet Earth. There is considerable evidence...

The concept of “structural injustice” has a long intellectual lineage, but Iris Marion Young popularised the term in her late work in the 2000s. Young’s theory tapped into the zeitgeist of the time, providing a credible way of thinking about transnational and domestic injustices, illuminating the importance of political, economic and social structures in generating injustice, theorising the role of individuals in perpetuating structural injustice, and the responsibility of everyone to try to correct it. Young’s theory has inspired secondary and (...) novel research. In this paper, I outline the main topics in this recent literature: what structural injustice is, responsibility for structural injustice, acting on responsibility, avoiding responsibility, and historical injustice. I conclude by noting how the influence of structural injustice theory is spreading beyond the confines of political theory. Any field that is concerned with structural inequalities, disadvantage, or oppression, can utilize structural injustice theory. (shrink)

The ‘structural injustice’ framework is an increasingly influential way of thinking about historical injustice. Structural injustice theorists argue against reparations for historical injustice on the grounds that our focus should be on forward-looking responsibility for contemporary structural injustice. Through the use of a case study – the Caribbean Community 10-Point Plan for reparations from 2014 – I argue that this reasoning is flawed. Backward-looking reparations can be justified on the basis of state liability over time. The value of backward-looking reparations (...) is that they ensure that historical perpetrators do not evade their reparative obligations and that affected communities are taken seriously. However, I argue that this backward-looking approach should be supplemented by a forward-looking structural injustice approach and the ‘social connection model’ of responsibility, which can expand the scope of responsible agents and forms of injustice that warrant repair and explain how citizens living now can be expected to pay for crimes of the past. (shrink)

Habermas dialogically recasts the Kantian conception of moral autonomy. In a legal-political context, his dialogical approach has the potential to redress certain troubling features of liberal and communitarian approaches to democratic politics. Liberal approaches attach greater normative weight to negatively construed individual freedoms, which they seek to protect against the interventions of political authority. Communitarian approaches prioritize the positively construed freedoms of communal political participation, viewing legal-political institutions as a means for collective ethical self-realization. Habermas’ discourse theory of law and (...) democracy seeks to overcome this competition between the negative and positive liberties. Doing so entails reconciling private and public autonomy at a fundamental conceptual level. This is his co-originality thesis, which seeks to show that private and public autonomy are internally connected and evenly balanced. I support his aim but argue that he fails to achieve it due to an unsatisfactory account of private autonomy. I suggest an alternative dialogical conception of autonomy as ethically self-determining agency that would enable him to establish his thesis. (shrink)

Habermas emphasizes the importance for critical thinking of ideas of truth and moral validity that are at once context-transcending and immanent to human practices. in a recent review, Peter Dews queries his distinction between metaphysically construed transcendence and transcendence from within, asking provocatively in what sense Habermas does not believe in God. I answer that his conception of “God” is resolutely postmetaphysical, a god that is constructed by way of human linguistic practices. I then give three reasons for why it (...) should not be embraced by contemporary critical social theory. First, in the domain of practical reason, this conception of transcendence excludes by fiat any “Other” to communicative reason, blocking possibilities for mutual learning. Second, due to the same exclusion, it risks reproducing an undesirable social order. Third, it is inadequate for the purposes of a critical theory of social institutions. (shrink)

If Third World women form ‘the bedrock of a certain kind of global exploitation of labour,’ as Chandra Mohanty argues, how can our theoretical definitions of exploitation account for this? This paper argues that liberal theories of exploitation are insufficiently structural and that Marxian accounts are structural but are insufficiently intersectional. What we need is a structural and intersectional definition of exploitation in order to correctly identify global structural exploitation. Drawing on feminist, critical race/post-colonial and post-Fordist critiques of the Marxist (...) definition and the intersectional accounts of Maria Mies and Iris Marion Young, this paper offers the following definition of structural exploitation: structural exploitation refers to the forced transfer of the productive powers of groups positioned as socially inferior to the advantage of groups positioned as socially superior. Global structural exploitation is a form of global injustice because it is a form of oppression. (shrink)

The discussion starts with the fact of ethical disagreement in contemporary liberal democracies. In responding to the question of whether such conflicts are reconcilable, it proposes a normative model of deliberative democracy that seeks to avoid the privatization of ethical concerns. It is argued that many contemporary models of democracy privatize ethical matters either because of a view that ethical conflicts are fundamentally irreconcilable or because of a mis trust of the ideal of rational consensus in the fields of law (...) and politics. Against this, the article contends that most ethical disagree ments are reconcilable in principle; it further suggests that mistrust of the ideal of rational consensus in the fields of law and politics is based on misunderstanding. Here, Habermas's model of deliberative democracy is drawn on. His account of public ethical deliberation is criticized and his negative interpretations of civic republicanism and ethical patterning are questioned; however, his model is seen as fundamentally fruitful from the point of view of dealing with ethical conflict. Key Words: civic republicanism • coercion • consensus • deliberative democracy • ethical disagreements • ethical patterning • ethical-political discourses • ethical privatization • Habermas. (shrink)

Critical social theories look critically at the ways in which particular social arrangements hinder human flourishing, with a view to bringing about social change for the better. In this they are guided by the idea of a good society in which the identified social impediments to human flourishing would once and for all have been removed. The question of how these guiding ideas of the good life can be justified as valid across socio-cultural contexts and historical epochs is the most (...) fundamental difficulty facing critical social theories today. This problem of justification, which can be traced back to certain key shifts in the modern Western social imaginary, calls on contemporary theories to negotiate the tensions between the idea of context-transcendent validity and their own anti-authoritarian impulses. Habermas makes an important contribution towards resolving the problem, but takes a number of wrong turnings. (shrink)

This is the introduction to a special section on Habermas' Theory of Communicative Action, published in Constellations 20:4 (2013), and edited by Maeve Cooke and me.

Habermas' view that contemporary philosophy and social theory can learn from religious traditions calls for closer consideration. He is correct to hold that religious traditions constitute a reservoir of potentially important meanings that can be critically appropriated without emptying them of their motivating and inspirational power. However, contrary to what he implies, his theory allows for learning from religion only to a very limited degree. This is due to two core elements of his conceptual framework, both of which are key (...) features of his account of postmetaphysical thinking. The first is the requirement of ethical agnosticism; this requires philosophy and social theory to refrain from offering guidance on questions of the good life. The second is his language-immanent conception of truth in the domain of practical reason; this follows from his rejection of any source of validity beyond human communication in this domain. I make the case for a more robust account of learning from religious traditions and metaphysical worldviews, arguing that for this purpose Habermas must modify his requirement of ethical agnosticism and relinquish his language-immanent conception of truth. (shrink)

Contemporary critical social theories face the question of how to justify the ideas of the good society that guide their critical analyses. Traditionally, these more or less determinate ideas of the good society were held to be independent of their specific sociocultural context and historical epoch. Today, such a concept of context-transcending validity is not easy to defend; the "linguistic turn" of Western philosophy signals the widespread acceptance of the view that ideas of knowledge and validity are always mediated linguistically (...) and that language is conditioned by history and context. In Re-Presenting the Good Society, Maeve Cooke addresses the justificatory dilemma facing critical social theories: how to maintain an idea of context-transcending validity without violating anti-authoritarian impulses. In doing so she not only clarifies the issues and positions taken by other theorists--including Richard Rorty, Jürgen Habermas, Axel Honneth, and Judith Butler--but also offers her own original and thought-provoking analysis of context-transcending validity.Because the tension between an anti-authoritarian impulse and a guiding idea of context-transcending validity is today an integral part of critical social theory, Cooke argues that it should be negotiated rather than eliminated. Her proposal for a concept of context-transcending validity has as its central claim that we should conceive of the good society as re-presented in particular constitutively inadequate representations of it. These re-presentations are, Cooke argues provocatively, regulative ideas that have an imaginary, fictive character. (shrink)

Lafont argues for a participatory version of deliberative democracy that shares key features with other contemporary approaches, while departing from them in decisive ways. It is based on the Rouss...

In Epicurean cosmology, material reconstitution, or palingenesis (παλιγγενεσία) is the necessary consequence of the infinity of time and the eternity of atoms. I examine Lucretius’ treatment of this phenomenon (DRN 3.843–864) and consider the extent to which his view enables us to develop an Epicurean response to the question: what makes a person at two different times one and the same person? I offer a reading of this passage in the light of modern accounts of persistence and identity, and what (...) Lucretius states in Books 3 and 4 about memory and the soul’s motions. Guided by the metaphysical implications of this analysis, I determine the type of relation which, according to Lucretius, holds between the mental and the physical. (shrink)

One of the principal challenges facing contemporary social philosophy is how to find foundations that are normatively robust yet congruent with its self-understanding. Social philosophy is a critical project within modernity, an interpretative horizon that stresses the influences of history and context on knowledge and experience. However, if it is to engage in intercultural dialogue and normatively robust social critique,social philosophy requires non-arbitrary,universal normative standards.The task of normative foundations can thus be formulated in terms of negotiating the tension between 'contextualism' (...) and 'objectivism'. Six contemporary responses to this challenge are examined.Their respective limitations call for renewed reflection on justificatory strategies, in particular for a conception of 'objectivity' based in a normative theory of social learning processes. (shrink)

The question of civil disobedience has preoccupied philosophical discourse at least since Thoreau's articulation of disobedience as a form of non-compliance and Rawls' classic definition outlined in the wake of the civil rights and student protest movements of the 1960s. It has become increasingly clear, however, that these classic definitions are being challenged and rethought from a variety of traditions in the wake of contemporary protests. These articles engage with the most recent debates surrounding civil disobedience and conscientious objection, opening (...) up original new paths for thinking about forms of protest. They also reveal disagreements about how to understand civil disobedience and about the place of conscience in political protest, inviting further discussion on these questions and issues. (shrink)

Narrative fiction has the power to unsettle our deep-seated intuitions and expectations about what it means to live an ethically good life, and the kind of society that best facilitates this. Sometimes its disruptive power is disclosive, leading to an ethically significant shift in perception. I contend that the disruptive and disclosive powers of narrative fiction constitute a potential for ethical knowledge. I construe ethical knowledge as a learning process, oriented by a concern for truth, which involves the rational agency (...) and affective engagement of an embodied human subject. For the purposes of showing this, I engage critically with Adorno’s reading of Kafka, using Kafka's story ‘In the Penal Colony’ to challenge Adorno’s analysis. (shrink)

Upon what empirical basis did Hobbes make his claims about the ‘state of nature’? He looked to ‘the savage people in many places of America’ (Hobbes, 1976: 187). Most people now recognize Hobbes’s assertions about Native Americans as racist. And yet, as Widerquist and McCall argue in their book Prehistoric Myths in Modern Political Philosophy, the myth that life outside the state is unbearable and that life under the state is better remains the essential premise of two of the most (...) influential Western political philosophies in the modern world – social contract theory (contractarianism) and property rights theory (propertarianism). Critiques of these philosophies are not new. But what is new, and exciting, about this book is that a political philosopher (Karl Widerquist) enlists an anthropologist (Grant S. McCall) to systematically debunk this founding myth on the basis of empirical evidence. Despite some confusion about the book's aims, the lack of attention to women and the risk of epistemic injustice, the results are fascinating and, I will argue, should prompt a methodological crisis for some schools of political philosophy. (shrink)

The article considers the role of translation in encounters between religious citizens and secular citizens. It follows Habermas in holding that translations rearticulate religious contents in a way that facilitates learning. Since he underplays the complexities of translation, it takes some steps beyond Habermas towards developing a more adequate account. Its main thesis is that the required account of translation must keep sight of the question of truth. Focusing on inspirational stories of exemplary figures and acts, it contends that a (...) successful translation makes truth appear anew; further, that it is the central role of truth in translation that enables the prospect of learning from the inspirational messages of religion. By highlighting truth as the point of continuity between intercultural learning and learning from religion, it provides support for the thesis that encounters between religious and secular citizens are a subset of intercultural encounters and, as such, contexts of possible mutual learning. (shrink)

La ficción narrativa tiene el poder de alterar nuestras más arraigadas intuiciones y expectativas acerca de lo que significa seguir una vida éticamente buena, así como del tipo de sociedad que facilitaría tal situación. A veces su poder disruptivo es develador, lo cual lleva a un cambio éticamente significativo en la percepción. Sostengo que los poderes disruptivos y develadores de una ficción narrativa constituyen un potencial para el conocimiento ético. Interpreto este conocimiento como un proceso de aprendizaje, orientado por una (...) preocupación acerca de la verdad, que involucra la acción racional y el compromiso afectivo de un sujeto humano encarnado. Con el fin de mostrar esto, me enfrento de manera crítica a la lectura de Kafka realizada por Adorno, usando la historia de Kafka titulada “En la colonia penitenciaria” para desafiar tal análisis. (shrink)

Revisiting Taylor's 1992 account of the politics of recognition, I argue that he is right to discern a strand in contemporary politics that goes beyond the demand for recognition of dignity. Against Taylor I contend that this is best understood as a concern not for recognition of difference but for the value of something that is not universally shared, such as a particular ethical conception, cultural tradition or religious belief and practice. Using the examples of three social movements I show (...) the relevance of this for contemporary politics. My empirically based argument is supported normatively by a discussion of Hegel's critique of `morality as conscience' in his Phenomenology. Referring to Axel Honneth's theory of recognition I highlight the lack of attention to this kind of concern for recognition in contemporary political and social theory. I conclude by specifying the key features of the concept of recognition most appropriate for responding to it publicly under conditions of value-pluralism. (shrink)

Language and Reason opens up new territory for social theorists by providing thefirst general introduction to Habermas's program of formal pragmatics: his reconstruction of theuniversal principles of possible understanding that, he argues, ...

The article examines Habermas’s formal‐pragmatic theory of meaning from the point of view of his attempt to defend a postmetaphysical yet context‐transcendent conception of validity. It considers his attempt to develop a pragmatic account of understanding utterances that emphasises the mediation of knowledge through socio‐cultural practices while simultaneously stressing that understanding has a cognitive dimension that is inherently context‐transcendent. It focuses on his recent “Janus‐faced” conception of truth, looking more briefly at his purely epistemic conception of moral validity. It raises (...) three objections: the first to his attempt to maintain a notion of “unconditionality” that has no otherworldly origins but is purely immanent to this world, the second to the alleged non‐arbitrary status of his conception of truth, and the third to his rejection of metaphysical thinking. It concludes that the objections, if valid, have profound implications for Habermas’s postmetaphysical enterprise and for his programme of formal pragmatics. (shrink)

Critical social theory has an uneasy relationship with utopia. On the one hand, the idea of an alternative, better social order is necessary in order to make sense of its criticisms of a given social context. On the other hand, utopian thinking has to avoid ‘bad utopianism’, defined as lack of connection with the actual historical process, and ‘finalism’, defined as closure of the historical process. Contemporary approaches to critical social theory endeavour to avoid these dangers by way of a (...) post metaphysical strategy. However, they run up against the problem that utopian thinking has an unavoidable metaphysical moment. Rather than seeking to eliminate this moment, therefore, they should acknowledge its inevitability. The challenge is to maintain a productive tension between closure and contestability and between attainability and elusiveness. The paper outlines a strategy for meeting this challenge, a strategy that is based on a distinction between the metaphysical content of utopian projections and their fallible claims to validity. Key Words: critical social theory • fallibilism • metaphysical closure • postmetaphysical thinking • reflexivity • regulative idea • utopia. (shrink)

In a widely publicized lecture in 2008, the Archbishop of Canterbury, Rowan Williams, expressed his concern that the conception of law and democratic citizenship prevailing in England may lead to ghettoization. The problem, in his view, is that the bulk of the convictions and commitments that define a given citizen’s identity are seen as a matter of individual choice and relegated to the private realm. In diagnosing this problem, Williams tacitly distances himself from a privatizing view of democratic politics. In (...) response to the problem, he calls for consideration of the possibility of supplementary jurisdictions, whereby certain legal functions would be delegated to the religious courts of a community. The article is broadly supportive of Williams’ concern to avoid privatization and his emphasis on the importance of openness to learning from other legal codes. However, it finds no convincing case for legally recognizing plural jurisdictions. It concludes that this aim is better served by Seyla Benhabib’s proposal for vibrant, ongoing exchanges between different legal codes, and between such codes and political and cultural beliefs, traditions and practices. (shrink)

While the field known as ‘Whiteness Studies’ has been thriving in Anglophone criticism and theory for over 25 years, it is almost unknown in France. This is partly due to epistemological and political differences, but also to demographic factors — in contrast with the post-plantation culture of the US, for example, whites in Martinique and Guadeloupe are a tiny minority of small island populations. Yet ‘whiteness’ remains a phantasized and a fetishized state in the Antillean imaginary, and is strongly inflected (...) by gender. This article sketches the emergence of ‘white’ femininity during slavery, then examines its representation in the work of a number of major Antillean writers. In their work, a cluster of recurring images and leitmotifs convey the idealization or, more commonly, the pathologization, of the white woman; these images resonate strongly with Bhabha's ‘unhomely’, and convey the disturbing imbrication of sex and race in Antillean history. (shrink)

In liberal democracies it is now a commonplace that public debates in the institutionalized political sphere should involve only arguments and reasons that are in principle intelligible, accessible and acceptable to all citizens. Many political theorists take the view that religious arguments and reasons do not meet these requirements. My article interrogates this widely held position, considering each of the three requirements in turn. Motivating my discussion is the view that religious beliefs and practices should not be regarded as essentially (...) private matters, with discussion of their validity confined to some antecedently demarcated sphere. Rather, claims made for the validity of religious beliefs and practices should be thematized and evaluated in public processes of deliberation, opening them to possible challenges from other citizens, irrespective of whether these other citizens are religious believers. My article offers a freedom-based argument for this position. (shrink)

The article deals with Habermas's intersubjective approach to critical social theory, focusing on his intersubjective accounts of truth, justice and democratic legitimacy. Distinguishing between stronger and weaker versions of an intersubjective account, it draws attention to Habermas's recent move from a strong intersubjective, constructivist, interpretation of truth to a weaker, non-constructivist, one. It then looks at his refusal to make a similar move in the case of justice, arguing that it is not well-founded, even from the point of view of (...) Habermas's overall concerns. It contends, in particular, that a strong intersubjective conception is not necessary in order to maintain the close link between normative validity and argumentation that plays an important role in Habermas's project of a critical social theory and concludes that the advantages of abandoning a strong intersubjective position outweigh the disadvantages. Consequently, it recommends extension of the weaker, non-constructivist, account that Habermas now proposes in the case of truth to justice as well. In the final section, it considers the implications of this recommendation for Habermas's conception of normative validity in the domain of law and politics. (shrink)