Social Class,Merit and Equality of Opportunity in Education

The paper offers to substantiate a claim about the so-called Meritocratic Conception of how educational opportunities ought to be distributed. Such a conception holds an individual’s prospects for educational achievement may be a function of that individual’s talent or effort levels but should not be influenced by their social class background. The paper highlights the internal tension in the Meritocratic Conception between on the one hand a prohibition on the influence of social class on educational opportunities and on the other a permission to allow unequal educational opportunities on the basis of talent and effort. This tension obtains because individuals’ talent and effort are themselves subject to influence by social class. The paper makes a positive case for an interpretation of the Meritocratic Conception that resolves this tension in favour of an egalitarian version, such that social class represents an objectionable determinant of unequal educational prospects even when its influence is mediated through the cultivation of talent and effort. This argument is further supported through an explanation that the character of social class as a systemic social source of the structure of individuals’ opportunities makes it an objectionable influence on educational opportunities.     

Divide and Rule Better: On Subsidiarity,Legitimacy and the Epistemic Aim of Political Decision‐Making

How should a political society be structured so as to legitimately distribute political power? One principle advanced to answer this question is the principle of subsidiarity. According to this principle, the default locus of political power is with the lowest competent political unit. This article argues that subsidiarity is a structural principle of a conception of political legitimacy informed by epistemic considerations. Broadly, the argument is that political societies organised according to the principle of subsidiarity can more effectively achieve political decisions that can justifiably appear to be correct from the point of view of those subject to them. The article presents two considerations in order to establish a pro tanto case for acting separately before presenting five additional epistemic considerations that establish a prima facie case for acting separately. The article then shows that political legitimacy and the epistemic aim of decision‐making can sometimes be served more effectively and efficiently by allowing higher‐level political units to assist lower‐level political units.     

Farewell to Political Obligation: In Defense of a Permissive Conception of Legitimacy

In the recent debate on political legitimacy, we have seen the emergence of a revisionist camp, advocating the idea of ‘legitimacy without political obligation,’ as opposed to the traditional view that political obligation is necessary for state legitimacy. The revisionist idea of legitimacy is appealing because if it stands, the widespread skepticism about the existence of political obligation will not lead us to conclude that the state is illegitimate. Unfortunately, existing conceptions of ‘legitimacy without political obligation’ are subject to serious objections. In this article, I propose a new conception of ‘legitimacy without political obligation,’ and defend it against various objections that the revisionist idea of legitimacy is either conceptually or morally mistaken. This new conception of legitimacy promises to advance the debates between anarchists and statists by making the task of philosophical anarchists significantly more difficult.     

Self-restraint and the Principle of Consent: Some considerations of the Liberal Conception of Political Legitmacy

This article discusses the legitimacy argument on which many liberals ground their demand for restraining the use of religious convictions in processes of political deliberation and decision making. According to this argument the exercise of political power can only be justified by 'neutral' grounds, i.e. grounds that are able to find reciprocal, hypothetical consent. The author argues that this understanding of political legitimacy is not distinctive of the liberal tradition. His thesis is that reciprocal, hypothetical consent is not sufficient and only in a certain, restricted sense necessary for justifying the use of political power.     

POLITICAL LIBERALISM,BASIC LIBERTIES,AND LEGAL PATERNALISM

This essay argues that neutral paternalism (NP) is problematic for antiperfectionist liberal theories. Section 2 raises textual evidence that Rawlsian liberalism does not oppose and may even support NP. In section 3, I cast doubt on whether NP should have a place in political liberalism by defending a partially comprehensive conception of the good I call “moral capacity at each moment,” or MCEM, that is inconsistent with NP. I then explain why MCEM is a reasonable conception on Rawls's account of reasonableness. In section 4, I handle concerns that showing NP fails the test of Rawlsian public justification is a nonstarter since NP does not threaten any of our basic liberties. I sketch an argument that, if this is so, the burden is on political liberalism to defend its particular account of basic liberties, since MCEM is reasonable on Rawlsian grounds. More precisely, MCEM is a conception that challenges the way Rawls characterizes basic liberties; that is, his list of basic liberties should be more inclusive by political liberalism's own structural commitments, including Rawls's “liberal principle of legitimacy.” On this revised account, political liberalism can mount a strong opposition to hard legal paternalism.     

Equal Protection versus Free Speech Rights: When Gains Loom Larger than Losses

This paper examines the tension between equal protection and free speech in the hate speech context through a prospect theory lens. Two hundred and fifty‐four participants recruited through Amazon's Mechanical Turk read a First Amendment free speech or Fourteenth Amendment equal protection argument framed to endorse the protections gained by each right, the losses avoided by each right, or the security provided by each right. Results showed gain‐framing was more persuasive than loss‐framing. Participant race and constitutional principle influenced punishment invoked for cross burning but not destruction of property or trespassing. Participants who received a positive framed equal protection argument believed the target would experience stronger negative emotions, particularly under low intimidation. Furthermore, participants receiving a positive frame speech argument believed the target would be less willing to support suppression. Unlike previous research, which suggests an equal protection principle default, this study demonstrated an impact of framed statements on decisions.Copyright © 2016 John Wiley & Sons, Ltd.     

Apologia pro Vita‐Fabula Sua: Defending Narrativity and How We Make Sense of Our Lives

This paper attempts to provide a defence for a narrative theory of the self in the face of criticisms from the anti‐narrative camp. It begins by addressing certain uncontroversial premises that both pro‐ and the anti‐narrative camps might be thought to agree on: the status of humans as homo significans or meaning‐makers, the natural form‐finding tendency and certain desiderata for significance and value that we possess, and the raw material of life and its constituents that we proceed from. Whereas the pro‐narrative camp seeks to provide the narrative theory of the self as a valid argument for how we proceed from the raw material of life and undifferentiated experience and these desiderata and tendencies (i.e.: the premises) to a conception of both selfhood and moral responsibility (i.e.: the conclusion), the anti‐narrative camp holds the conclusion to be false and the narrative theory of the self to be invalid. The Parfitian view holds the conception of the self to be ultimately false, whereas the Strawsonian view holds both the conception of the self and the conception of moral responsibility to be ultimately false. The grounds they provide, however, tend to be metaphysical in nature, demonstrating that they have fundamentally misunderstood how the narrative theory of the self functions as a semantic thesis. I will demonstrate certain defects in the metaphysical arguments that anti‐narrativists like Parfit and Strawson have made against what is essentially a semantic thesis about how we make sense of our lives. I will also attempt to shore up the semantic thesis in other relevant aspects.     

Legitimation and Strategic Maneuvering in the Political Field

This article combines a pragma-dialectical conception of argumentation, a sociological conception of legitimacy and a sociological theory of the political field. In particular, it draws on the theorization of the political field developed by Pierre Bourdieu and tries to determine what new insights into the concept of strategic maneuvering might be offered by a sociological analysis of the political field. I analyze a speech made by the President of Romania, Traian Băsescu, following his suspension by Parliament in April 2007. I suggest that the argument developed in this speech can be regarded as an example of adjudication and I discuss its specificity as an adjudication in the political field in an electoral campaign. I also try to relate legitimation as political strategy to strategic maneuvering oriented to meeting the contradictory demands of the political field, which I see—following Bourdieu—as involving a double political game, a game of democratic representation and a game of power.

Hyperpluralism,political liberalism,and Confucian democracy

In his recent book, Zhuoyao Li presents one of the most pointed criticisms of Confucian democracy from a political liberal standpoint. Li’s central argument is that liberal democracy, predicated on Rawlsian political liberalism, is the only legitimate form of democracy in East Asia’s pluralist societal context. Li advances his normative argument against Confucian democracy, first by reaffirming Rawls’s public conception of morality, then shifting his point of reference from Rawls to Alessandro Ferrara, and finally, defending a multivariate democracy in East Asia’s pluralist societal context from the viewpoint of Ferrara’s idea of hyperpluralism. In this paper, I defend Confucian democracy as a viable political theory in pluralist East Asia by critiquing Li’s change of the point of reference from Rawls to Ferrara, his imposition of the condition of hyperpluralism on East Asia, and his sweeping logical framework that allows no normative space for Confucian democratic theory.     

Convergence liberalism and the problem of disagreement concerning public justification

The ‘convergence conception’ of political liberalism has become increasingly popular in recent years. Steven Wall has shown that convergence liberals face a serious dilemma in responding to disagreement about whether laws are publicly justified. What I call the ‘conjunctive approach’ to such disagreement threatens anarchism, while the ‘non-conjunctive’ approach appears to render convergence liberalism internally inconsistent. This paper defends the non-conjunctive approach, which holds that the correct view of public justification should be followed even if some citizens do not consider enacted laws to be publicly justified. My argument sheds light on the fundamental structure of convergence liberalism.     

On behalf of the consequence argument: time, modality, and the nature of free action

The consequence argument for the incompatibility of free action and determinism has long been under attack, but two important objections have only recently emerged: Warfield’s modal fallacy objection and Campbell’s no past objection. In this paper, I explain the significance of these objections and defend the consequence argument against them. First, I present a novel formulation of the argument that withstands their force. Next, I argue for the one controversial claim on which this formulation relies: the trans-temporality thesis. This thesis implies that an agent acts freely only if there is one time at which she is able to perform an action and a distinct time at which she actually performs it. I then point out that determinism, too, is a thesis about trans-temporal relations. I conclude that it is precisely because my formulation of the consequence argument emphasizes trans-temporality that it prevails against the modal fallacy and no past objections.     

Political Obligation,Dirty Hands and Torture; A Moral Evaluation

The example of a political leader who has to decide whether he would allow the torture of a suspect in order to get information about a ticking bomb has become notorious in ethical discussions concerning the tension between moral principles and political necessity. The relation between these notions must be made as clear as possible before a sincere moral evaluation of ticking bomb situations can be given. The first section of this article considers whether the concept of political obligation is different from moral and legal obligations or whether it is a special kind of moral obligation. In the second section, the idea that the dirty hands problem confronts us with the ambiguities of moral life is rejected because it would imply an untenable moral paradox. The thesis that is developed is, namely, if there is such a thing as political necessity, it must be some form of moral obligation. The third section analyses the concept of political necessity and concludes that it cannot overrule basic moral principles and that the international legal prohibition of torture must be considered to be a categorical imperative. In the last section, these ideas concerning political and moral necessity are brought in against the defence of torture, which should be tolerated in the ‘War on Terror’. There it will be argued that the use of the ticking bomb argument not only supports a highly hypocrite political practice but is also deceptive as a moral and political argument.     

The Limits of Razian Authority

It is common to encounter the criticism that Joseph Raz??s service conception of authority is flawed because it appears to justify too much. This essay examines the extent to which the service conception accommodates this critique. Two variants of this critical strategy are considered. The first, exemplified by Kenneth Einar Himma, alleges that the service conception fails to conceptualize substantive limits on the legitimate exercise of authority. This variant fails; Raz has elucidated substantive limits on jurisdiction within the service conception of authority, albeit reluctantly and equivocally. The second, exemplified by Scott Hershovitz, alleges that the service conception fails to conceptualize procedural limits on the legitimate exercise of authority. He objects that the normal justification thesis fails to deny legitimacy to rational and expert dictators. This argument is more potent, but its force is concealed when it is aimed at the normal justification thesis rather than the quite separate jurisdictional limits of Raz??s theory. Clarifying those jurisdictional aspects of the service conception shows why the first argument fails and exposes the real strength of the second. Both variants have important consequences for our understanding of the service conception.     

Hate Speech,Dignity and Self-Respect

This paper engages with the recent dignity-based argument against hate speech proposed by Jeremy Waldron. It’s claimed that while Waldron makes progress by conceptualising dignity less as an inherent property and more as a civic status which hate speech undermines, his argument is nonetheless subject to the problem that there are many sources of citizens’ dignitary status besides speech. Moreover, insofar as dignity informs the grounds of individuals’ right to free speech, Waldron’s argument leaves us balancing hate speakers’ dignity against the dignity of those whom they attack. I suggest instead that a central part of the harm of hate speech is that it assaults our self-respect. The reasons to respect oneself are moral reasons which can be shared with others, and individuals have moral reasons to respect themselves for their agency, and their entitlements. Free speech is interpreted not as an individual liberty, but as a collective enterprise which serves the interests of speakers and the receivers of speech. I argue that hate speech undermines the self-respect of its targets in both the agency and entitlement dimensions, and claim, moreover, that this is a direct harm which cannot be compensated for by other sources of self-respect. I further argue that hate speakers have no basis to respect themselves qua their hate speech, as self-respect is based on moral reasons. I conclude that self-respect, unlike dignity, is sufficient to explain the harm of hate speech, even though it may not be necessary to explain its wrongness.     

Critical notice of On the people's terms: a Republican theory and model of democracy,by Philip Pettit,Cambridge University Press, 2012, xii+333pp.

This paper is a critical notice of Philip Pettit's On the People's Terms: A Republican Theory and Model of Democracy. Pettit argues that only Republicanism can respond appropriately to the ‘evil of subjection to another's will – particularly in important areas of personal choice’ because its ideal of liberty – freedom as non-domination – both captures better than liberalism our commitment to individual liberty and explains better our commitment to the legitimacy of democratic decision-making than standard democrat accounts. If this argument succeeds, it demonstrates that there is no real tension between the liberal thought that justice provides a standard for evaluating public decisions independent of the fact that they are taken democratically and the democratic thought that the fact that a decision is democratic suffices to make it legitimate. I argue, however, that Pettit finds himself caught between two contradictory positions: a version of Isaiah Berlin's negative concept of liberty and a positive liberty account of democracy. And I show that his attempt to resolve the tension fails because it requires him to embrace the positive liberty account he is committed to rejecting.     

Political implications of the Islamic notion of ‘supersession’ as reflected in Islamic jurisprudence

The paper undertakes to investigate the ways in which the dominant Muslim community regulated legal‐ethical relations with its non‐Muslim minorities. The ideological underpinnings of the Islamic legal tradition in the area of jihad provided legitimacy for the Muslim political domination of the lands and peoples beyond the original boundaries of Islam. The central argument of the paper is that Muslim jurists were involved in the routinization of the qur'anic message about ‘Islam being the only true religion with God’ (Q. 3:19) in the context of the social and political position of the community. The interaction between the idea of Islam being the universal faith for all humankind and the existing predominance of Muslim political power created the specific legal language that provided the justification to extend the notion of jihad beyond its strictly defensive meaning in the Qur'an to its being an offensive instrument for Muslim creation of a dominant political order.     

Political Legitimacy,the Egalitarian Challenge,and Democracy

This article argues against the claim that democracy is a necessary condition of political legitimacy. Instead, I propose a weaker set of conditions. First, I explain the case for the necessity of democracy. This is that only democracy can address the ‘egalitarian challenge’, i.e. ‘if we are all equal, why should only some of us wield political power?’. I show that if democracy really is a necessary condition of political legitimacy, then (what I label) the problems of domestic justice and of international legitimacy become intractable. I then argue that the egalitarian challenge is addressed where the requirements of (1) horizontal equality, (2) acceptable vertical inequality, and (3) publicity, are met and where (4) citizens have some institutionalized opportunity for a voice in decisions. I show that these conditions can be realized in non‐democratic form and conclude by explaining how the four conditions can be employed to make the problems of domestic justice and of international legitimacy more tractable. Overall, my ambitions are limited. I do not offer an all‐things‐considered case against democracy but I do show that (some) forms of non‐democratic government are permissible.     

Hate Speech, the Priority of Liberty, and the Temptations of Nonideal Theory

Are government restrictions on hate speech consistent with the priority of liberty? This relatively narrow policy question will serve as the starting point for a wider discussion of the use and abuse of nonideal theory in contemporary political philosophy, especially as practiced on the academic left. I begin by showing that hate speech (understood as group libel) can undermine fair equality of opportunity for historically-oppressed groups but that the priority of liberty seems to forbid its restriction. This tension between free speech and equal opportunity creates a dilemma for liberal egalitarians. Nonideal theory apparently offers an escape from this dilemma, but after examining three versions of such an escape strategy, I conclude that none is possible: liberal egalitarians are indeed forced to choose between liberty and equality in this case and others. I finish the paper by examining its implications for other policy arenas, including markets in transplantable human organs and women’s reproductive services.     

Habermas and validity claims

At the heart of Jürgen Habermas’s explication of communicative rationality is the contention that all speech acts oriented to understanding raise three different kinds of validity claims simultaneously: claims to truth, truthfulness, and normative rightness. This paper argues that Habermas presents exactly three distinct, logically independent arguments for his simultaneity thesis: an argument from structure; an argument from criticizability/rejectability; and an argument from understanding/reaching understanding. It is further maintained that the simultaneity thesis receives cogent support only from the Argument from understanding/reaching understanding, and only if the notion of ‘understanding’ is expanded to that of ‘agreement’.