Democratic Citizenship, Education and Friendship Revisited: In Defence of Democratic Justice

Literature about the significance of cultivating democratic citizenship education in universities abounds. However, very little has been said about the importance of friendship in sustaining democratic communities. In this article I argue for a complementary view of friendship based on mutuality and love—with reference to the seminal ideas of Sherman and Derrida. My view is that teaching and learning ought to be used as pedagogical spaces to nurture forms of friendship which not only encourage mutuality but also love in order to make possible the taking of risks on the part of students and teachers. And, if teachers and students act with mutuality and love they would be more favourably positioned in their society to take risks and to enact democratic justice.     

The Limits of Virtue Jurisprudence

In response to Lawrence Solum's advocacy of a 'virtue–centred theory of judging', I argue that there is indeed important work to be done in identifying and characterising those qualities of character that constitute judicial virtues – those qualities that a person needs if she is to judge well (though I criticise Solum's account of one of the five pairs of judicial vices and virtues that he identifies – avarice and temperance). However, Solum's more ambitious claims – that a judge's vice necessarily corrupts her decisions, and that in at least some contexts we must define a legally correct decision as one that would be reached by a virtuous judge – should be rejected: we can undermine the former by attending to the requirements of due process, and the latter by attending to the ways in which a judge would try to justify her decision.     

The Limits of Virtue Jurisprudence

In response to Lawrence Solum's advocacy of a 'virtue–centred theory of judging', I argue that there is indeed important work to be done in identifying and characterising those qualities of character that constitute judicial virtues – those qualities that a person needs if she is to judge well (though I criticise Solum's account of one of the five pairs of judicial vices and virtues that he identifies – avarice and temperance). However, Solum's more ambitious claims – that a judge's vice necessarily corrupts her decisions, and that in at least some contexts we must define a legally correct decision as one that would be reached by a virtuous judge – should be rejected: we can undermine the former by attending to the requirements of due process, and the latter by attending to the ways in which a judge would try to justify her decision.     

Virtue Jurisprudence A Virtue–Centred Theory of Judging

"Virtue jurisprudence" is a normative and explanatory theory of law that utilises the resources of virtue ethics to answer the central questions of legal theory. The main focus of this essay is the development of a virtue–centred theory of judging. The exposition of the theory begins with exploration of defects in judicial character, such as corruption and incompetence. Next, an account of judicial virtue is introduced. This includes judicial wisdom, a form of phronesis , or sound practical judgement. A virtue–centred account of justice is defended against the argument that theories of fairness are prior to theories of justice. The centrality of virtue as a character trait can be drawn out by analysing the virtue of justice into constituent elements. These include judicial impartiality (even–handed sympathy for those affected by adjudication) and judicial integrity (respect for the law and concern for its coherence). The essay argues that a virtue–centred theory accounts for the role that virtuous practical judgement plays in the application of rules to particular fact situations. Moreover, it contends that a virtue–centred theory of judging can best account for the phenomenon of lawful judicial disagreement. Finally, a virtue–centred approach best accounts for the practice of equity, departure from the rules based on the judge's appreciation of the particular characteristics of individual fact situations.     

Virtue Jurisprudence A Virtue–Centred Theory of Judging

"Virtue jurisprudence" is a normative and explanatory theory of law that utilises the resources of virtue ethics to answer the central questions of legal theory. The main focus of this essay is the development of a virtue–centred theory of judging. The exposition of the theory begins with exploration of defects in judicial character, such as corruption and incompetence. Next, an account of judicial virtue is introduced. This includes judicial wisdom, a form of phronesis , or sound practical judgement. A virtue–centred account of justice is defended against the argument that theories of fairness are prior to theories of justice. The centrality of virtue as a character trait can be drawn out by analysing the virtue of justice into constituent elements. These include judicial impartiality (even–handed sympathy for those affected by adjudication) and judicial integrity (respect for the law and concern for its coherence). The essay argues that a virtue–centred theory accounts for the role that virtuous practical judgement plays in the application of rules to particular fact situations. Moreover, it contends that a virtue–centred theory of judging can best account for the phenomenon of lawful judicial disagreement. Finally, a virtue–centred approach best accounts for the practice of equity, departure from the rules based on the judge's appreciation of the particular characteristics of individual fact situations.     

Cosmopolitanism and Global Justice

Philosophical attention to problems about global justice is flourishing in a way it has not in any time in memory. This paper considers some reasons for the rise of interest in the subject and reflects on some dilemmas about the meaning of the idea of the cosmopolitan in reasoning about social institutions, concentrating on the two principal dimensions of global justice, the economic and the political.Opening address of the Mini-Conference on Global Justice, American Philosophical Association Pacific Division, 2004 Annual Meeting, Pasadena, California, March 27, 2004. I am grateful for comments to Darrel Moellendorf and to my copanelists Michael Blake, Kristen Hessler, Jon Mandle, Mathias Risse and Leif Wenar.     

Democracy & democratic education

A profound problem posed by education for any pluralistic society with democratic aspirations is how to reconcile individual freedom and civic virtue. Children cannot be educated to maximize both individual freedom and civic virtue. Yet reasonable people value and intermittently demand both. We value freedom of speech and press, for example, but want (other) people to refrain from false and socially harmful expression. The various tensions between individual freedom and civic virtue pose a challenge that is simultaneously philosophical and political. How can we resolve the tensions philosophically in light of reasonable political disagreements over the relative value of individual freedom and civic virtue? Instead of giving priority to one value or the other, this essay defends a democratic ideal ofconscious social reproduction, which consists of three principles:nonrepression, nondiscrimination, and democratic deliberation.     

The Global Scope of Justice

In this paper, I examine the question of the scope of justice, in a not unusual distributive, egalitarian, and universalistic framework. Part I outlines some central features of the egalitarian theory of justice I am proposing. According to such a conception, justice is – at least prima facie – immediately universal, and therefore global. It does not morally recognize any judicial boundaries or limits. Part II examines whether, even from a universalistic perspective, there are moral or pragmatic grounds for rejecting or limiting the global scope of justice. In particular, I scrutinize five universalistic objections: (1) the principle of "moral division of labor"; (2) the connection between cooperation and distributive justice; (3) the primacy of democracy; (4) the dangers of a world state; and (5) political-pragmatic reasons. I intend to show that these objections cannot undermine the strong normative claims of global justice. At the most, political-pragmatic reasons speak in favor of initially striving for somewhat less, in order to receive more general backing.     

政、刑在德性养成中的作用——孔子与亚里士多德德性养成论之比较

孔子认为政与刑不能在德性养成中起积极作用。他认为,政制禁令和刑罚惩治的威慑,虽可令人不违反法律,行为合乎规范,却正好成为德性内化的障碍。亚里士多德对于德性养成的见解与之恰成对照,他认为德性的养成要依赖习惯和训练,同时也离不开法律的教化与惩罚的威胁。两种不同的见解促使人们思考政治与刑律对于德性养成的作用。     

法律正义与道德正义

进入文明时代以来,社会正义一直是人们追求的基本价值目标.社会正义实质上是对人类社会关系(包括个人之间、群体及组织之间、个人与群体及组织之间的相互关系)的公平性、正当性的确认和捍卫,社会正义通常采取法律形式和道德形式来表达.法律正义是以国家意志的形式来表达的社会关系的规定性,它通过制度规范方式来确认和捍卫公民的合法权益和守法义务.道德正义是以德性和良心的形式来表现的社会关系的规定性,它通过伦理规范的方式来确认和维护公民的伦理权利和道德义务.法律正义是道德正义的基础和保障,因而也是社会正义的底线和起点;道德正义是法律正义的前提和灵魂,因而也是社会正义的理想和目标.构建法律正义与道德正义的良性互动关系.是实现社会正义的有效保证.     

Epistemic Justice and a Role for Virtue in the Politics of Knowing

The dual aim of this article is to reveal and explain a certain phenomenon of epistemic injustice as manifested in testimonial practice, and to arrive at a characterisation of the anti–prejudicial intellectual virtue that is such as to counteract it. This sort of injustice occurs when prejudice on the part of the hearer leads to the speaker receiving less credibility than he or she deserves. It is suggested that where this phenomenon is systematic it constitutes an important form of oppression.     

Epistemic Justice and a Role for Virtue in the Politics of Knowing

The dual aim of this article is to reveal and explain a certain phenomenon of epistemic injustice as manifested in testimonial practice, and to arrive at a characterisation of the anti–prejudicial intellectual virtue that is such as to counteract it. This sort of injustice occurs when prejudice on the part of the hearer leads to the speaker receiving less credibility than he or she deserves. It is suggested that where this phenomenon is systematic it constitutes an important form of oppression.     

Justice and Civic Friendship： An Aristotelian Critique of Modern Citizenry

Modem moral and political theorists make a sharp separation between justice and civic friendship, arguing that justice deals with the fair terms of co-operation in the social sphere whereas civic friendship is about an individual＇s contingent affections in the political domain. In addition, they also argue that the principles of justice must determine the nature and function of civic friendship in modem liberal society. Even though the historical origin of the above view can be traced to the writings of Immanuel Kant （2007）, John Rawls provides us with its most cogent formulation in recent times. In his book A Theory of Justice （1971）, Rawls argues that the considerations of right are prior to the considerations of good; therefore the principles of justice must determine the limits of civic friendship. Against RaMs, I argue that justice and civic friendship are intrinsically connected and that they cannot be separated in experience. I draw upon Aristotle＇s theory of virtue to strengthen my arguments. Following Aristotle, I show that both justice and friendship are virtues and that all virtues hold together. The Aristotelian coherence of virtues, I argue, can be useful in redefining the obligations of justice and civic friendship in contemporary liberal democracies.     

Virtue Ethics, Theory, and Warrant

Are there good grounds for thinking that the moral values of action are to be derived from those of character? This ‘virtue ethical’ claim is sometimes thought of as a kind of normative ethical theory; sometimes as form of opposition to any such theory. However, the best case to be made for it supports neither of these claims. Rather, it leads us to a distinctive view in moral epistemology: the view that my warrant for a particular moral judgement derives from my warrant for believing that I am a good moral judge. This view seems to confront a regress-problem. For the belief that I am a good moral judge is itself a particular moral judgement. So it seems that, on this view, I need to derive my warrant for believing that I am a good moral judge from my warrant for believing that I am a good judge of moral judges; and so on. I show how this worry can be met, and trace the implications of the resulting view for warranted moral judgement.     

德性与善

从根本上说,德性不仅是完成人们的内在利益所必需的品格,同时也是有益于整体生活的善的品格。德性作为一种品格,它在成就人的至善行为中能稳定和促进人的向善能力。     

论德性与独立的实践推理者

德性对于人的兴盛是必不可少的。没有道德德性,我们就不能实现从动物性理智到实践推理的转变,其次不能继续有推理的实践;如果不发展某种程度的德性,我们就不能适当地关怀和教育他人。所以,德性必须首先获得,然后才能维持在推理的实践之中。最后,我们在成为实践推理之后,我们仍然需要他人的维护,这种需要同时也是一种对德性的需要。     

Thinking about the Needy, Justice, and International Organizations

This article has three main parts, Section 2 considers the nature and extent to which individuals who are well-off have a moral obligation to aid the worlds needy. Drawing on a pluralistic approach to morality, which includes consequentialist, virtue-based, and deontological elements, it is contended that most who are well-off should do much more than they do to aid the needy, and that they are open to serious moral criticism if they simply ignore the needy. Part one also focuses on the United States, and illustrates both how incredibly wealthy the U.S. is and some of the spending habits of its citizens; however, its considerations apply to the well-off generally. Section 3 considers whether justice provides reasons for helping the needy. Noting that justice in an extremely complex notion, it discusses numerous considerations relevant to justices scope and implications, including an extended Rawlsian conception of justice, an absolute conception, a comparative conception, the distinction between natural and social justice, and various elements of common-sense morality. Section 2 also distinguishes between agent-relative justice-based reasons, which are relevant to whether we act justly, and agent-neutral justice-based reasons, which are relevant to whether we have reasons of justicefor acting. Correspondingly, it argues that even if one can ignore the needy without acting unjustly, as philosophers like Robert Nozick and Jan Narveson contend, there may be powerful reasons of justicefor addressing their plight. Section 4 briefly address the responsibilities of international organizations like the World Bank, the International Monetary Fund (IMF), and World Trade Organization (WTO). Drawing on Section 2, it is suggested that in addition to standard reasons to act justlytowards needy members of the worlds community, there will be reasons of justicefor such organizations to aid the needy in both present, and future, generations. The article concludes by contending that the well-off in countries like the U.S. have reason to view international organizations like the World Bank, IMF, and WTO as their agents, and to seek to insure that they alleviate misfortunes amongst the worlds needy.