Dworkin on external skepticism and moral permissions

This article discusses Ronald Dworkin’s first objection against what he calls external moral skepticism, the view that denies truth-value to moral judgments. According to that objection, an external skeptic denies that substantive moral judgments can be true. But, at the same time, the objection goes, what follows from the skeptical view is that all actions are morally permissible, which is in itself a substantive moral judgment. We call this ‘the self-defeating argument.’ We argue that the objection’s success depends on how we interpret the idea of moral permission, an issue Dworkin does not clearly resolve. Against his objection, we advance two different arguments. First, once we learn what role the idea of moral permission plays in morality, we can see that any plausible view of some agent’s moral permission must acknowledge its complex character, and that the existence of a moral permission must have some impact on the balance of moral reasons for other agents. On this understanding, it is false that it follows solely from external skepticism that everything is permissible. Second, we argue that even if permissions have a simple character, not a complex one, they are plausible only when framed within a moral constellation of rights and obligations. So understood, it is, again, false that it follows from external skepticism that everything is permissible.     

Can an incompatibilist outfox a compatibilist hedgehog?

This article raises some incompatibilist challenges for, and queries some of the implications of, Ronald Dworkin’s arguments in his Justice for Hedgehogs (2011), that responsibility is compatible with both determinism and epiphenomenalism.     

Liberal equality: political not erinaceous

Ronald Dworkin’s Justice for Hedgehogs defends liberal political morality on the basis of a rich account of dignity as constitutive of living well. This article raises the Rawlsian concern that making political morality dependent on ethics threatens citizens’ political autonomy. Thereafter, it addresses whether the abandonment of (erinaceous) ethical foundations signals the demise of Dworkin’s liberalism and explores the possibility of laundering his conception so as to facilitate a marriage between the political philosophies of Rawls and Dworkin. The article finishes by rebutting some objections Dworkin raises against Rawls’s account of public reason.     

The transformed identity of a banking corporation's employees, 1960s–1980s

The current paper discusses one aspect of corporate social responsibility—employee community volunteering—as implemented at an Israeli banking corporation. The literature on corporate social responsibility as a feature of global capitalism has largely ignored the history of corporate philanthropy and its relation to the current model of social responsibility. Moreover, to date, no studies have addressed the relationship between models of corporate social responsibility, on the one hand, and management approaches, on the other. In this historical–ethnographic study, we examine a case in which, we argue, normative management models and advanced marketing approaches combined to shape new conceptions and practices of employee volunteering. We examine how the process evolved over the course of three marketing campaigns initiated by the bank's management between the early 1960s and the early 1980s. In the early 1960s, the models in question helped refashion the employees' identity as service providers ‘empathic’ toward clients. By the late 1970s, their identity was transformed once again, this time to incorporate a ‘humane’ orientation toward the ‘community’. In the process—the results of which are still felt today—the employees became the carriers and disseminators of an organizational culture that emphasized values of philanthropy and social commitment. Copyright © 2014 John Wiley & Sons, Ltd.     

Responsive and Responsible? The Role of Parties in Twenty-First Century Politics

This article focuses on a particular aspect dear to theories of democracy in general and theories of representation in particular: the tension between responsiveness and responsibility affecting political parties in modern, liberal democracies. In doing so, it engages with Peter Mair’s intellectual passion for this topic, which he developed over the years and intensively worked on until his premature death in 2011. He argued that this tension became ever more apparent, putting the very functioning and legitimacy of democratic government under great pressure. This contribution goes back in time, to the very beginning of the modern state, and argues that already the nascent parties and party systems were affected by the tension between responsiveness and responsibility. It then offers a synopsis, organised in a series of ‘pictures’ or ‘frames’ of the historical parcours along which this tension has impacted on the development of political parties. The article also presents and summarises the collective effort undertaken by a number of scholars, coming together to honour Peter Mair’s work, to shed further theoretical and empirical light on this fundamental tension.     

Transforming (but not transcending) the state system? On statist cosmopolitanism

Can states become committed and competent agents of cosmopolitan justice? The theory of ‘statist cosmopolitanism’ argues that they can: their citizens can be turned towards a commitment to cosmopolitan principles and actions by moral entrepreneurs constituting a ‘cosmopolitan avant-garde’, and can be sustained in their commitment to those principles by their pre-existing attachment to the state as a political community. Taking cosmopolitan principles as axiomatic, this paper subjects statist cosmopolitanism to critique. First, I question the scale of the transformation that a cosmopolitan avant-garde can engender given the complexity of the causal chains the avant-garde seek to elucidate, as well as the countervailing potency of the state itself which reinforces particularistic attitudes in its citizens. Second, I argue that even if, contra my preceding argument, the cosmopolitan avant-garde were to be successful, states would find it desirable to federally integrate in order to be better able to realise their cosmopolitan commitments. Such integration is compatible with statist cosmopolitanism’s motivational theory, even if not its institutional vision. Finally, I re-characterise the cosmopolitan avant-garde as agitators for the transcendence, rather than just transformation, of the state system.     

Feminism as Critique in a Neoliberal Age: Debating Nancy Fraser

Neoliberalism, we are told, has “seduced” feminism. What is meant is that the libertarian and democratic hopes that have scoped this radical social movement have been reconfigured and re-energised by neoliberal project that models all our freedoms upon the market. Misgivings about “seductions” and “betrayals” require that feminist theory adopts the role of the arbiter on goals and meanings and this puts strains upon its deep commitment to democratic epistemologies. The following paper finds that the leading theorist of feminism as critique in a neoliberal age has failed to fully grasp the normative tension that is involved. Nancy Fraser fails to rethink the tasks of critique in terms that is sufficient to its role as arbiter on meanings. I suggest that this rethinking might be done without betraying the demands of a democratic epistemology if we reconstruct the emancipatory idealisations that underpin Fraser’s account of a democratic epistemology. While this rendering of feminism as critique retrieves a representation of feminist ideals that might unmask neoliberal distortions, it does so without betraying the responsiveness to self-interpreted needs that is also claimed by a critical and democratic feminist theory.     

The untouchables of law

This paper discusses two main theses in Ronald Dworkin’s legal theory: (i) law is institutionalized political morality and (ii) there is pervasive theoretical disagreement about how to fix truth conditions for the propositions of law. The author argues that the first thesis is compatible with the distinction between the law as it is and the law as it should be. Regarding the second thesis, the author attempts to show that the need for a fulcrum of disagreement requires accepting that law contains certain institutional parts whose role makes them unsuitable subjects for a moral reading.     

Is the genie out of the bottle? Digital platforms and the future of clinical trials

Is it possible to conduct impartial clinical trials in a world full of digital networking tools that patients can use to coordinate themselves and act against research protocols? This paper builds on an ethnography of PatientsLikeMe, a company running an internet social media network where patients with different conditions share their clinical data with standardized questionnaires. The company faced a serious dilemma in 2011 when some ALS patients, members of the site, started sharing data about a phase II clinical trial of an experimental drug (NP001) in which some of them were participating, to anticipate the experiment’s outcomes and understand each one’s allocation over trial arms. In parallel, some other patients were using the site and other web tools to coordinate and run their own replication of the trial with homebrew mixes of industrial grade chemicals. PatientsLikeMe researchers reflected on their position as networks managers and eventually decided to use the collected data to develop their own analysis of the efficacy of the original compound, and of the homebrewers’ compound. They presented the NP001 events as a case in point for articulating a new social contract for clinical research. This paper analyses these events, first, by understanding the clinical trial as an experiment organization form that can succeed only as long as its protocol can be enforced; second, we observe how web networks make it dramatically easier for the trial protocol to be violated; finally, we point out how a potentially dangerous confluence of interests over web networks could incubate developments that disrupt the status quo without creating a robust and safe alternative for experimentation. We conclude by warning about the interests of the pharmaceutical industry in exploiting patients’ methodological requests to its own advantage.     

Politics and enlightenment: Kant and Derrida on cosmopolitan responsibility

Walter Benjamin once remarked of the enterprise of translation ‘that it is nowhere’: that the labour of transcribing the sense, inflection and difference of any particular language and text must always situate the translator in a space which is neither ‘of the original, nor ‘of the language into which it is to be transcribed. This ‘non‐position’ of the translator—between the original and its analogue, between the ‘spirit’ and the ‘letter’, the difference and the acceptability of the text—marks the labour of translation as an ethical responsibility: that of communicating the significance of something—a gesture, a story, a custom, a tradition—which has appeared to this/our socio‐linguistic culture as strange and unfathomably alien; and to achieve this communication without annulling its strangeness, its alterity. The purpose of my comparison of Kant and Derrida's remarks on cosmopolitical responsibility therefore, is fourfold. First, I want to suggest that it is this ‘stricture’ of translation—this difficult responsibility of both judging and respecting the difference of foreign’ cultures—which marks the (non‐Kantian, non‐situated) ‘territory’ of cosmopolitical responsibility. Second, by using Kant's remarks on the relationship between the political evolution of European Enlightenment culture and a possible world confederation of sovereign states, I want to point up the hierarchies and secondarizations involved in the determination of universal standards of moral, ethical and political conduct (even if these standards are originally prosecuted as the legislative conditions of a ‘radical democracy'). Third, I want to look at the ways in which the stricture of translation has been articulated as a theory of ‘global’ responsibility—particularly in the divergent ethical and political approaches of Jurgen Habermas and Jean‐Francois Lyotard. Fourth, I want to suggest that it is Derrida's idea of a ‘dual responsibility’ of critical thought to the political and philosophical resources of European Enlightenment and to the difference of non‐European nations and cultures, that marks the difficulty (the stricture) of acting responsibly within the global economics of power, identity and legislation. I want, in other words, to show that the ‘nowhere’ of Benjamin's translator, is a ‘place’ whose possibility demands a certain ‘Kantian’ right of reflection; that is, the right to pursue the ‘transcendent’ principle of respect for the other.     

The Evaluation of Performance in the Mexican Federal Government: A Study of the Monitoring Agencies' Modernization Process

An initial assessment of the Mexican government’s implementation of the Model for the Performance Evaluation of Internal Control Organizations (MIDO) can reveal its actual influence on the organizational culture of those agencies. MIDO began in 2003 as an instrument to transform all federal monitoring agencies into effective, performance‐driven organizations. It seeks to modify the behavior of internal control organizations in order to shift their rigid focus on control to a more flexible perspective. The idea is to allow them to take co‐responsibility for the performance of the agencies they supervise. The author exposes a contradictory and paradoxical result of the program’s implementation: the “net organizational effect” is different from MIDO’s stated objective. The internal control organizations are not only adopting the discourse of performance, but also they are adapting it to fit their own purposes while keeping their traditional function of supervision intact. They have not internalized the co‐responsibility culture, as MIDO proposes, despite accepting the discourse of performance evaluation.     

Equality,risk and responsibility: Dworkin on the insurance market

The concept of risk occupies centre-stage in debates about individual and social responsibilities and, within a broadly neo-liberal regime, the paradigmatic form of risk management is insurance. Nevertheless analysis of these recent shifts in welfare politics appears curiously disconnected from dominant trends of normative political theorizing. The rise of ‘insurance as government’ and ‘risk management as responsibility and opportunity’ has not obviously been addressed even by prominent liberal political theorists. Similarly the analysts of neo-liberalism have devoted little attention to tracing these concepts through the literature on political theory. This article seeks to remedy this disconnection, by showing how Ronald Dworkin – perhaps the foremost liberal theorist writing today – offers us an account of equality which foregrounds the apparatus of insurance, and represents the management of risk within the welfare system as both an opportunity and a responsibility. Furthermore, his account inherits many of the ambiguities and weaknesses of neo-liberal theory and redeploys them within the political theory of equality.     

<Emphasis Type="Italic">Forum Internum</Emphasis> Revisited: Considering the Absolute Core of Freedom of Belief and Opinion in Terms of Negative Liberty,Authenticity, and Capability

Human rights theory generally conceptualizes freedom of thought, conscience, religion, and belief as well as freedom of opinion and expression, as offering absolute protection in what is called the forum internum. At a minimum, this is taken to mean the right to maintain thoughts in one’s own mind, whatever they may be and independently of how others may feel about them. However, if we adopt this stance, it seems to imply that there exists an absolute right to hold psychotic delusions. This article takes the position that this conclusion is ethically problematic from the perspective of psychiatric treatment and the rights of persons with psychosis. The article reflects on this particular challenge and sets forth an understanding of freedom in the forum internum that might apply to situations where for various reasons it is not, necessarily accurate to maintain that persons have an absolute right to their own thoughts. For the purpose of proposing such an understanding, the article engages with current debates within human rights theory and political philosophy and analyzes discussions about psychotic delusions and the way in which involuntary treatment is justified. Based on this analysis, this article in turn conceptualizes freedom in the forum internum as ‘negative liberty’, ‘authenticity’, and ‘capability’. This article suggests that when forum internum is redefined as encompassing a right to certain internal capabilities, the right remains meaningful for persons with psychotic delusions as well.     

Financializing the poor: ‘dead capital’, women’s gold and microfinance in Pakistan

This study examines how Pakistani microfinance banks’ (MFBs) collateralized microcredit arrangements take advantage of the cultural centrality of gold in women’s lives. In so doing, it contributes to the wider debate on financial inclusion and financialization. The product, processes and narratives examined are a local manifestation of global finance’s emphasis on engaging commercially viable means to bring previously ‘unbanked’ populations within its fold. Based on fieldwork in Lahore and Karachi, two of Pakistan’s largest cities, this paper highlights how the ‘financial inclusion’ agenda of microfinance has effectively financialized the lives of poor Pakistani women. Our analysis finds that Pakistani MFBs draw on patriarchy’s hierarchical norms and the precariousness of low-income living in ways which bolster their own financial positions. This is supported by the country’s central bank, which has granted collateralized microfinance products a ‘risk-free’ rating, easing the path to the financialization of jewellery which in a South Asian context is directly associated with women’s social standing and economic security. The outcome is a deepening of deep-seated vulnerabilities.     

Adorno and Marcuse at the Barricades?: Critical Theory,Scholar-Activism,and the Neoliberal University

When Marx proclaimed the importance of not just interpreting the world but actually changing it, he initiated an important imperative that has existed within all forms of critical theory up to today. Drawing upon the work of Theodor Adorno and Herbert Marcuse, we use their unique way of looking at the theory/praxis couplet as an avenue to rethink the role of critical theory as a form of “scholar-activism.” Theory, to paraphrase Adorno, lives on because the moment to realize it was missed; and it is because of this lack of immediate utility that theory occupies a space of resistance. Nonetheless, as Marcuse avered, theory itself may retreat into the privileged space of scholastic philosophy if it does not constantly engage activist movements that challenge the historical and social conditions of human oppression. In the first part of the essay, we will look at Adorno and Marcuse’s critical theories as well as their own political engagements to clarify the concept of critical theory as scholar-activism. In the second part of the essay, we will demonstrate the importance of this particular kind of scholar-activism in the context of (and against the logic of) the neoliberal university.     

Women and the Labour Party: Gender and the Writing of British Political History

This article takes stock of the state of women's political history in the twentieth century and suggests new lines of enquiry, drawing on the authors’ own work on the Labour Party. It identifies a number of key themes which have enriched histories of women and gender in the nineteenth and early twentieth century and considers how these might be developed. Firstly, it examines the significance of the local, and more particularly, the neighbourhood, in women's political lives. Secondly, it asserts the value of focussing on the membership, including the economic, social and cultural shifts that shaped their lives, the intersection of gender with factors such as age or ethnicity, and their own political identities. Finally, it stresses the importance of interrogating masculine cultures to understand how gendered dynamics played out. It concludes with a reminder that inserting women into established political narratives is insufficient: the point is to transform those narratives.     

Equality,responsibility, and justice*

Abstract

In this introduction, we underline the theoretical connection between responsibility, luck, and equality upon which luck egalitarianism rests, and we consider the social and political relevance of the approach. We then situate Kasper Lippert-Rasmussen’s version of the view as proposed in his book, Luck Egalitarianism, in the egalitarian landscape. Lastly, we introduce the six papers that make up this symposium: some are critiques from within or outside luck egalitarianism, while others engage with the theory by expanding the scope of luck egalitarianism.     

Working hard on the outside: a multimodal critical discourse analysis of The Biggest Loser Australia

The Biggest Loser (TBL) is a reality television weight-loss programme that positions itself as a response to the so-called “obesity crisis”. Research on TBL has thus far focussed on audience responses and its effect on viewers’ beliefs about weight loss. This article focuses instead on how meaning is constructed in TBL. We conducted a multimodal critical discourse analysis of a key episode of TBL (the 2012 Australian season finale) to examine how the textual, visual and auditory elements combine to construct meanings beyond the ostensible health messages. Although the overt message is that all contestants have worked hard, turned their lives around and been “successful”, examination of editing choices, lighting and colour, clothing and time spent on contestants allows us to see that the programme constructs varying degrees of success between contestants and provides accounts for these differences in outcomes. In this way the programme is able to present itself as a putative celebration of all contestants while prescribing narrow limits around what constitutes success. TBL reinforces an ideology in which “success” is a direct result of “the work” of weight loss (both physical and emotional), which can apparently be read straightforwardly off the body. TBL’s “celebration” of weight loss thus reproduces and strengthens the widespread view of fat bodies as physical manifestations of individual (ir)responsibility and psychological dysfunction, and contributes to the ongoing stigmatisation of obesity.     

Balancing Democratic Civilian Control with Effectiveness of Intelligence in Romania: Lessons Learned and Best/Worst Practices Before and After NATO and EU Integration

This article reviews Romania's intelligence reform after 1989. Specifically, it looks at intelligence reform before and after Romania's accession to the North Atlantic Treaty Organization (NATO) in 2004, and the European Union (EU) in 2007. It finds that Romania has made considerable progress in intelligence reform. That is because Romania, which expressed its desire and commitment to join NATO/EU after 1989, has worked hard to comply with these organizations’ membership demands (including intelligence reform). After NATO/EU integration (when demands on balancing control and effectiveness virtually vanished), despite continued openness efforts made by agencies, control/oversight diluted. Thus, post-NATO/EU, while effectiveness is being strengthened, democratic control lessens.     

新型权利主张及其法定化的条件--以我国社会转型为背景

虽然不断出现的新型权利主张是自然权利、道德权利和习惯权利等多种权利形态的复合体，但基于法律与其他社会规范的密切相关性，不能简单依据法律条文就对其进行否定，而应以德沃金的权利理论为指导正视其他权利形态，并以社会转型为背景分析其产生的具体原因。新型权利主张的主体、内容、客体等构成要素之所以发生一系列历史变迁，根本原因在于社会的转型使民众向国家发出分配正义的社会诉求。对此，必须立基于社群主义的政治立场，采纳自由主义的法学元素，严守法定权利的本质属性，明确新型权利主张法定化的具体标准：真实性、准确性、重要性。