Background Rationing and allocation decisions at the clinical level – bedside rationing – entail complex dilemmas that clinicians and managers often find difficult to handle. There is a lack of mechanisms and aids for promoting fair decisions, especially in hard cases. Reports indicate that clinical ethics committees sometimes handle cases that involve bedside rationing dilemmas. Can CECs have a legitimate role to play in bedside rationing? Main text Aided by two frameworks for legitimate priority setting, we discuss how CECs can (...) contribute to enhanced epistemic, procedural and political legitimacy in bedside rationing decisions. Drawing on previous work we present brief case vignettes and outline several potential roles that CECs may play, and then discuss whether these might contribute to rationing decisions becoming legitimate. In the process, key prerequisites for such legitimacy are identified. Legitimacy places demands on aspects such as the CEC’s deliberation process, the involvement of stakeholders, transparency of process, the opportunity to appeal decisions, and the competence of CEC members. On these conditions, CECs can help strengthen the legitimacy of some of the rationing decisions clinicians and managers have to make. Conclusions On specified conditions, CECs can have a well-justified advisory role to play in order to enhance the legitimacy of bedside rationing decisions. (shrink)

The article sets out a framework for analysing the way discourses construct legitimation for social practices in public communication as well as in everyday interaction. Four key categories of legitimation are distinguished: 1) ‘authorization’, legitimation by reference to the authority of tradition, custom and law, and of persons in whom institutional authority is vested; 2) ‘moral evaluation’, legitimation by reference to discourses of value; 3) rationalization, legitimation by reference to the goals and uses of institutionalized (...) social action, and to the social knowledges that endow them with cognitive validity; and 4) mythopoesis, legitimation conveyed through narratives whose outcomes reward legitimate actions and punish non-legitimate actions. Examples are drawn from texts legitimating or de-legitimating compulsory education, including children’s books, brochures for parents, teacher training texts, and media texts. (shrink)

Some libertarians tend to advocate the wide availability of cognition-enhancing drugs beyond their current prescription-only status. They suggest that certain kinds of drugs can be a component of a prudential conception of the ‘good life’—they enhance our opportunities and preferences; and therefore, if a person freely chooses to use them, then there is no justification for the kind of prejudicial, authoritative restrictions that are currently deployed in public policy. In particular, this libertarian idea signifies that if enhancements are a prudential (...) ‘good’ for the user, then this can also be construed as a moral good for all rational agents. If this argument is successful, there can be no substantial distinction between the categorical benefits of enhancement, and what is labeled as an enhancement technology. In this paper, I argue that the exclusivity of egotistical choice, and an uncritical deployment of enhancement as a prudential good, underplays the role of a social and political community when creating a procedurally just and effective public policy. Principally, the argument is devoid of any ethical system to permit the external—and therefore public–appreciation of the social context of moral decisions. In effect, libertarian arguments of this sort must disregard any ideas of public ethics, because the liberty to use whatever means available to gain a socio-economic advantage actually extinguishes any professed legitimation strategy. Escaping the procedural aspects of public policy, which are considered integral to authoritative coherence, results in the erosion of any moral obligations. Thus, in a libertarian society, disenfranchised individuals—such as those harmed through addiction—are the unlucky or superfluous product of a liberal and ‘progressive’ society. (shrink)

Objective: To provide an ethical analysis of whether the Ethiopian and Tanzanian national HIV/AIDS treatment guidelines can be considered legitimate and fair rationing tools.Method: Qualitative study and ethical analysis involving guideline documents and interviews with nine key members involved in the development of the guidelines. The analysis followed an editing organising style. The theoretical framework was a guideline-specific framework based on theories of just resource allocation in healthcare and conditions that ensure fair processes in guideline development. According to this framework, (...) legitimate rationing requires reasons for patient selection to be explicit, public and relevant, and decisions must be open to question and revision.Results: The only explicit rationing criteria that both guidelines recommended were clinical antiretroviral treatment indications. Explicit non-clinical rationing criteria were expressed in a separate Ethiopian implementation guideline. Neither of the guideline development processes fully satisfies minimal requirements of procedural fairness. There is a lack of transparency. The reasons for decisions are rarely given and are not publicly available. This reduces the opportunity for public questioning, debate and revisions. The guidelines were based on expert opinion and consensus. Recommendations from the WHO were copied without much discussion, disagreement or adjustment.Conclusions: The two national HIV treatment guidelines discussed are de facto mechanisms for rationing but were developed using methods that do not fully satisfy the requirements of fair processes. (shrink)

This paper brings into focus the concept of organizational secrecy by senior managers in the context of a major strategic change program. Underpinned by legitimation theory and utilizing a narrative methodology and a longitudinal investigation, we draw upon data from 52 interviews with 13 senior managers conducted at 3 months intervals over the course of 12 months. Our findings reveal that senior managers utilized seven discursive legitimation strategies to justify keeping secret that the organization intended to downsize, and (...) they used a different mix of legitimation strategies as the change process evolved. We labeled these discursive legitimation strategies as (1) Naturalization, (2) Rationalization, (3) Moralization, (4) Authorization, (5) Proceduralization, (6) Valorization, and (7) Demonization. Theoretically we bring a temporal perspective to understanding organizational secrecy and the central role that discursive legitimation plays. We show that the use of these discursive legitimation strategies are anchored to meta-narratives describing work practices and values associated with the organization’s culture. And that managers use discursive legitimation to manage the ethical implications of secrecy. (shrink)

Digital peddling of fake news is influential to persuasive political participation, with veritable social media platforms. Social media, with their instantaneous and widespread usage, have been exploited by ‘anonymous’ political influencers who fabricate and inundate internet community with unverified and false information. Using van Leeuwen’s Discourse Legitimation approach and insights from Discourse Analysis, this study analyses 120 purposively sampled fake news posts on Whatsapp, Facebook and Twitter, shared during the 2019 general elections in Nigeria. WhatsApp allows for the easy (...) and fast sharing of fake news as it pulled the largest occurrence of legitimation strategies, followed by Facebook. Authorisation is the highest occurring legitimation strategy at 46.6% frequency; this is followed by Moralisation which has 27% and Rationalisation at 26.4%; while Mythopoesis did not feature at all in the sampled data, leaving it at 0%. In particular, expert and role model authority are most often deployed to validate fake news such as the demise and cloning of President Buhari, ruling party’s plan to rig and destabilise the 2019 election, massive corruption in the current administration and imminent ethnic violence. The study argues that these strategies are viable persuasive tools owing to their use of discourse markers like make-believe images, emotive language, appeal to emotions, rational conclusions, hateful comments, verbal indictment and coercive verbs. (shrink)

A large number of Swedish public authorities produce ‘platform of values’ texts that present core values. This article presents a study of how such texts and practices, including the core values they revolve around, are legitimized. Using Van Leeuwen’s legitimation framework, three different data sets are analysed: 47 ‘platform of values’ texts, a focus group discussion with seven senior HR officers, and a quantitative questionnaire study answered by civil servants at three public authorities. The analysis shows how the existence (...) of ‘platform of values’ texts and practices is legitimized through rationalizations, above all by describing the texts as concrete means for reaching specific ends and, with regard to the choice of core values, through a custom-conformity type of authority. Thus, this article addresses discursive transformations of contemporary organizations with a particular focus on available discursive space for critical thinking in the wake of New Public Management and related developments. (shrink)

The overall aim of this article is to discuss the organization of limit setting in healthcare in terms of legitimacy. We argue there is a strong ethical demand that such processes should be arranged to provide adversely affected people well-justified reasons to confer legitimacy to the processes despite favouring a different decision-making outcome. Two increasingly popular approaches, Accountability for Reasonableness (A4R) and Multi-Criteria Decision Analysis (MCDA), can both be applied to support legitimate decision-making processes. However, the role played by ‘fair-minded (...) people’ in the A4R framework can be shown to undermine an adequate conceptualization of legitimacy according to the ethical demand. We discuss and specify conditions enabling A4R to meet this ethical demand when being implemented in a real-world setting without having to renounce the aim of striving for ‘reasonableness’ and impartiality. The methodological approach MCDA describes how to arrange for transparent resource allocation. This approach does not encompass any normative guidance on how to shape limit settings in terms of ‘reasonableness’; it basically promotes ‘rational’ decisions. We discuss how this practical methodology can be integrated with the theoretical A4R framework to meet the ethical demand while at the same time promoting politically required impartiality of healthcare limit setting. (shrink)

The discussion of a real-life example leads to the finding that basic, rationally grounded moral norms apply and must be followed even under conditions analogous to the “state of nature” such as those in a concentration camp. People who innocently end up in a situation in which they can only save their own lives by directly or directly causing the death of another innocent person, or by accepting this person’s death, are morally obligated under such conditions to refrain from saving (...) themselves. If despite a great effort they do not summon the strength to do what is morally required in this existential situation, their action can be considered excused. (shrink)

In this article, we provide a comprehensive analysis and a normative assessment of rationing through inconvenience as a form of rationing. By “rationing through inconvenience” in the health sphere, we refer to a nonfinancial burden that is either intended to cause or has the effect of causing patients or clinicians to choose an option for health-related consumption that is preferred by the health system for its fairness, efficiency, or other distributive desiderata beyond assisting the immediate patient. We argue that under (...) certain conditions, rationing through inconvenience may turn out to serve as a legitimate and, compared to direct rationing, even a preferable tool for rationing; we propose a research agenda to identify more precisely when that might be the case and when, alternatively, rationing through inconvenience remains ethically undesirable. After defining and illustrating rationing through inconvenience, we turn to its moral advantages and disadvantages over other rationing methods. We take it as a starting assumption that rationing, understood as scarce-resource prioritization, is inevitable and, in a society that has goals beyond optimizing health care for individual patients—such as improving societal health care, education, or overall welfare—prudent and fair. (shrink)

Here is a dilemma concerning the history of science. Can the history of scientific thought be reduced to the history of the beliefs, motives and actions of scientists? Or should we think of the history of scientific thought as in some sense independent from the history of scientists? The aim of this paper is to carve out an intermediate position between these two. I will argue that the history of scientific thought supervenes on, but not reducible to, the history of (...) scientists. There is a legitimate level of description for analyzing the history of scientific thought that does not reduce to the individual level of scientists. Yet, every aspect of the history of scientific thought is determined by the actual motives and actions of individual scientists. Maybe surprisingly, I use Imre Lakatos’s controversial concept of the rational reconstruction of the history of science in order to argue for this intermediate position. (shrink)

This paper offers a grammatical investigation of some important aspects of our moral life taking a scene from the movie Mr. Deeds Goes to Town as a test case. The main question I try to answer is whether there are situations in our moral discussions in which the proper and rational attitude is to show disagreement, as opposed to continuing the dialogue. Many philosophers seem committed to a conception of moral reasoning that takes as its end rational agreement (...) among agents; from that perspective, expressing indignation would just amount to an irrational way of trying to get rid of the burdens put upon the agent's shoulders in the context of a moral discussion. Against that widespread viewIwill defend a Cavellian version of moral perfectionism, which takes rational disagreement as a legitimate outcomeof moral arguments. That view, as we shall see, will be predicated upon a distinctive understanding of practical rationality, hence the importance of comparing moral discussion to other forms of rational engagement. (shrink)

Child liberationism holds that children are entitled to more freedom from interference than we currently acknowledge socially or legally. It holds, for example, that "the law [should] grant and guarantee to the young the freedom that it now grants to adults to make certain kinds of choices, do certain kinds of things, and accept certain kinds of responsibilities. This means in turn that the law [should] take action against anyone who interferes with young people's rights to do such things".1 Call (...) an agent minimally rational just in case he/she is capable of basic means-ends reasoning and of basic reflection on his/her beliefs and desires. No plausible form of child liberationism advocates full freedom from interference (i.e., as much as normal adults) for children that are not yet minimally rational. Some child liberationists do, however, advocate full freedom from interference for all minimally rational children -- typically those over age 5, say. Call this position radical child libera tionism . Other child liberationists only advocate full freedom from interference for older children -- typically those over age 12, say. Call this position moderate child libera tionism .2 For the sake of argument we shall grant that even young minimally rational children (e.g., 5 year olds) have full rights of non-interference. We shall argue that there are nonetheless a wide range of paternalistic practices regarding such children that are legitimate. In short, even granting the radical child liberationist thesis that young children have the same formal rights to freedom as competent adults, it does not follow that young children should enjoy the same effective freedom. Indeed, there are good reasons for holding that they should enjoy less freedom. Or so we shall.. (shrink)

The need for rationing of clinical services and medical resources is a crucial issue facing healthcare systems. On most accounts, the demand for medical services vastly exceeds what can be provided on limited budgets, requiring difficult decisions about which services should and should not be provided to patients, whether patients might have to bear some of the cost of the services they use, and on what basis rationing decisions should be made. At the same time, we know that healthcare systems (...) are far from perfectly efficient; some of the expenditures of healthcare systems are wasteful and bring no benefits at all to patients. In light of the evidence of such inefficiencies within healthcare systems, it may seem problematic to insist on the importance of rationing: can it really be appropriate to deny patients beneficial services while inefficiencies remain within the system?1This is the question Strech and Danis take on in their paper, ‘How can bedside rationing be justified despite coexisting inefficiency? The need for “benchmarks of efficiency”’. As they highlight, the evidence about inefficiencies within the healthcare system is sometimes taken to undermine the legitimacy of rationing. Their response focuses on the implications of particular clinicians’ involvement in both inefficient decisions and bedside rationing: if clinicians cause or contribute to inefficiencies in the system—for example by prescribing more expensive ‘brand name’ medication instead of equally effective but cheaper generic drugs—is it legitimate for them also to make, or be involved in, rationing decisions? Strech and Danis argue that even though no healthcare system can be fully efficient, clinicians must make ‘sufficient’ efforts to reduce inefficiencies within their own realm of decision-making if their engagement in rationing decisions is to be legitimate. They offer a set of ‘benchmarks’ against which we can judge whether or not such efforts should …. (shrink)

This article argues that a particular notion of rationality, more exactly a specific notion of legitimate inference, is presupposed by much work in the social sciences to their detriment. The author describes the notion of rationality he has in mind, explains why it is misguided, identifies where and how it affects social research, and illustrates why that research is weaker as a result. The notion of legitimate inference the author has in mind is one that believes inferences are guided by (...) principles that are formal, universal and a priori—that is, that make no substantive, domain-specific empirical assumptions about the world. The author briefly provides a variety of reasons to be skeptical about such principles. Those reasons extend from broad philosophical considerations to quasi-empirical evidence. The author then argues that this notion of inference is involved with both the practice and the content of the social sciences in various ways. In terms of practice, this notion of inference lies behind the way statistical testing is generally done in the social sciences. In terms of content, the author argues that this notion of rationality is invoked, for example, in game theory and in rational expectations macroeconomics. In all cases, use of the formal rationality notion leads social scientists to put more faith in their results than is warranted and thus is an obstacle to doing better social science. (shrink)

This paper examines the claims in the debate on cognitive enhancement in neuroethics that society wide pressure to enhance can be expected in the near future. The author uses rational choice modeling to test these claims and proceeds with the analysis of proposed types of solutions. The discourage use, laissez-faire and prohibition types of policy are scrutinized for effectiveness, legitimacy and associated costs. Special attention is given to the moderately liberal discourage use policy (and the gate-keeper and taxation approaches (...) within this framework), as many authors presuppose that this type of policy would best serve public interest. Different more or less articulated models in the taxation approach (Tobacco regulation analogy, Coffee-shop system, Regulatory Authority for Cognitive Enhancements and Economic Disincentives Model) are analyzed from the point of view of justificatory liberalism. The author concludes that prohibition and laissez-faire types of policy would neither be effective nor justified. A moderately liberal public policy shows more promise, but not all approaches within this type of policy would be legitimate and effective. The “gate-keeper” approach and related models could not be justified whereas approach based on taxation with suitable models might be legitimate and effective. (shrink)

The feminist critique of reason has formed a large part of the dramatic expansion in the literature of feminist philosophy since the early 1980s. The critique has been controversial. It has often been seen – both by its practitioners and by its outraged opponents – as a critique of prevailing ideals and practices of philosophy. Some have seen it as the legitimate expression of the concerns of women alienated from, and marginalized within, the prevailing structures of professional philosophy. Others have (...) seen in it nothing but a perversely reasoned commitment to irrationalism. Here the close connections between ideals of reason and the self‐definition of philosophy can make it difficult to get the issues clear. (shrink)

According to Bayesian epistemology, rational learning from experience is consistent learning, that is learning should incorporate new information consistently into one's old system of beliefs. Simon M. Huttegger argues that this core idea can be transferred to situations where the learner's informational inputs are much more limited than Bayesianism assumes, thereby significantly expanding the reach of a Bayesian type of epistemology. What results from this is a unified account of probabilistic learning in the tradition of Richard Jeffrey's 'radical probabilism'. (...) Along the way, Huttegger addresses a number of debates in epistemology and the philosophy of science, including the status of prior probabilities, whether Bayes' rule is the only legitimate form of learning from experience, and whether rational agents can have sustained disagreements. His book will be of interest to students and scholars of epistemology, of game and decision theory, and of cognitive, economic, and computer sciences. (shrink)

When should we judge that a person is leading or has led a happy life? By what standard? What legitimate criticism can be brought to bear on individual ideals? ;I argue that we have three conceptions of longterm happiness: the contentment conception , the affirmation conception , and the justified affirmation conception . The relation between them is one of inclusion. All three have been proposed as ideals: as candidates for . Evaluative happiness is a comprehensive good, i.e., sufficient for (...) realizing the good life. ;The happy life is one in which a person is disposed to affirm his or her life justifiaby. So the best standard of justification, consistent with our concept of a person and affirmation, will provide the best account of evaluative happiness. ;To affirm one's life is to judge that it is good: that one's important desires are satisfied and successful , and to be satisfied as a consequence. The capacity for affirmation is necessary for personhood, i.e., every person holds some individual ideal. ;Contentment is possible without affirmation. So the contentment conception is inadequate as a conception of evaluative happiness. ;Coherence is a minimal requirement for any adequate standard of justification. Affirmation is consistent with incoherence. So the affirmation conception is not defensible. ;Rationality is necessary for realizing the good life. The subjectivist standard of justification is too strong and/or too weak . Subjectivism is thus discredited. ;I argue for an account of happiness as rational affirmation. This standard is neither subjective nor objective . There are some things one has reason to value if one values anything: the goods of rational affirmation. Every person holds some individual ideal. So every person has reason to value the goods of rational affirmation. ;'Radical objectivism' is incoherent: there could be no good objective standard of justification. What is important is what is important to persons. (shrink)

Rationing is the allocation of a good under conditions of scarcity, which necessarily implies that some who want and could be benefitted by that good will not receive it. One reflection of our ambivalence towards health care rationing is reflected in our resistance to having it distributed in a market like most other goods—most Americans reject ability to pay as the basis for distributing health care. They do not view health care as just another commodity to be distributed by markets. (...) Despite this widespread view, we are the only developed country without some form of universal health insurance, and so for the 46 million Americans without health insurance their access to health care often does depend on their ability to pay for it. Rationing largely remains a topic that the public, their elected leaders, and many health care professionals prefer to avoid. Ever-growing costs of health care will increasingly force the practice and issue of health care resource prioritization and rationing into the open for public, professional, and political attention. This paper explores some of the features of those practices and issues that make them especially ethically and politically difficult. Those issues will not be easily resolved, but avoiding them will not avoid the need or reality of rationing, it will only mean that it will go on covertly and unexamined. That will lead neither to better or more legitimate prioritization and rationing decisions. (shrink)

According to the principle of patient autonomy, patients have the right to be self-determining in decisions about their own medical care, which includes the right to refuse treatment. However, a treatment refusal may legitimately be overridden in cases where the decision is judged to be incompetent. It has recently been proposed that in assessments of competence, attention should be paid to the evaluative judgments that guide patients' treatment decisions.In this paper I examine this claim in light of theories of practical (...) rationality, focusing on the difficult case of an anorexic person who is judged to be competent and refuses treatment, thereby putting themselves at risk of serious harm. I argue that the standard criteria for competence assess whether a treatment decision satisfies the goals of practical decision-making, and that this same criterion can be applied to a patient's decision-guiding commitments. As a consequence I propose that a particular understanding of practical rationality offers a theoretical framework for justifying involuntary treatment in the anorexia case. (shrink)

In this paper I challenge the claim that each party in the original position will have a first-ranked preference for an identical set of principles of justice. I maintain, by contrast, that the original position allows parties to choose on the basis of different conceptions of rationality, which in turn may lead to a reasonable disagreement concerning the principles of justice selected. I then argue that this reasonable disagreement should not lead us to abandon contractualism, but rather to reconstruct it (...) in the form of a two-stage process, where parties first build individual preference rankings for alternative conceptions of justice and then work towards a reconciliation of the divergent conceptions that are chosen in the first stage. Finally, I claim that threshold prioritarianism is a strong candidate for selection in this reconciliatory stage, since it manages to address both the legitimate complaints of parties that would prefer a conception of justice focused on the most disadvantaged positions in society and the legitimate complaints of parties that would prefer a conception of justice in which less or no special weight is assigned to the worst-off positions. (shrink)

Economical questions indisputably occupy a central place in everyday life. In order to clarify these questions, people generally turn to those who are familiar with economics. In answering such legitimate questions, economists propose explanations which rest on a few principles among which the rationality principle is by far the most fundamental. This principle assumes that people are rational, but what is meant by this has to be specified. Rationality and Explanation in Economicsclaims that only a minimal kind of rationality (...) is required to ‘animate’ economic explanations. However, such a conception of rationality faces serious objections: it is closely associated with harshly criticised methodological individualism and it is not easily disentangled from sheer irrationality. The book answers these objections and shows that the economists’ way of mobilising the concepts of maximization or of consistency for defining rationality raises more serious problems. Since the latter have encouraged various attempts to downgrade or even to dispense with the very notion of rationality, the book is largely devoted to countering arguments associated with these attempts and to show why postulating that agents are rational is still the only efficient way to explain economic phenomena as such. The author also proposes original views about the role of rationality, the meaning of methodological individualism, the relevance of the selection argument and the relation between ‘rational’ explanations of economics and explanations in natural sciences. (shrink)

Many see the mithnagdim as total rationalists. Therefore it has been assumed that R. Hayyim of Volozhin’s approach to Torah study was the same. Although rationalism may be a correct characterization of the method he used in talmudic study, it does not capture how R. Hayyim understood the essence of Torah study. Some have described Nefesh ha-Hayyim as demystifying Kabbalah. I agree that R. Hayyim opposes ecstatic Kabbalah. However, already in 1972 Norman Lamm noticed that R. Hayyim saw Torah study (...) as a form of clinging to God. In my article, I go further and demonstrate how torah lishmah for R. Hayyim is a radical idea that includes a legitimate path to unio mystica, and even a way to divine inspiration. (shrink)

ABSTRACT The status and role of Popper’s ‘Rationality Principle’ (RP) is still the subject of disputes. The ‘prevailing view’ among Popper’s commentators seems to be that RP is better interpreted as a methodological principle. Yet, this view is challenged in a recent study where RP is interpreted as an‘idealization’. We critically review these two accounts of RP and propose a novel one according to which RP is, first and foremost, the scientific version of a heuristic that ordinary people unconsciously use (...) when they seek to explain and predict other people’s behavior. However, we recognize that, to the extent RP is part of a methodological strategy whereby, in the wake of adverse empirical results, social scientists place the ‘onus of proof’ on their situational model it is legitimate to claim that RP is adopted, at least partly, for methodological reasons. Further, to the extent that the adoption of RP implies suppressing those mental processes that may affect actors’ reasoning and willpower it is also legitimate to claim that RP is, at least partly, an ‘idealization’. We conclude that the status and role of RP is multi-faceted and that the three accounts of RP complement each other. (shrink)

Based on the argumentation theory of new rhetoric, this paper offers an analytical framework to facilitate empirical investigations on how managers in organizations handle unfairness claims. The proposed framework advocates a rhetorical approach that seeks to understand whether managers absolve themselves of unfairness accusations by pseudo-legitimations. Pseudo-legitimation is defined as an attempt to legitimate an action without any genuine reasoning. While the precision of formal deductive reasoning tends not to apply to moral disputes, rhetoric enables rational argumentation and (...) the use of practical reasoning to achieve resolution. Therefore, if managerial judgments are genuine products of reasoning, managers' use of rhetoric to legitimate their actions should be respected in acknowledging value plurality within their boundaries of authority. By contrast, managerial legitimations that are based on irrational grounds should be disrespected, as they can lead to arbitrariness and abuse of power. Institutional dynamics may either permit or inhibit such uses of irrationality. Thus, the proposed framework should be considered alongside the perspective of rhetorical institutionalism. (shrink)

Recent obituaries for traditional non-naturalistic approaches to rationality are not just premature but demonstrably self-defeating. One such prominent obituary appears in the writings of W. V. Quine, whose pessimism about traditional epistemology stems from his scientism, the view that the natural sciences have a monopoly on legitimate theoretical explanation. Quine also offers an obituary for the a priori constraints on rationality found in “first philosophy”, resting on his rejection of the “pernicious mentalism” of semantic theories of meaning. Quine’s pronouncements of (...) the death of traditional conceptions of rationality in epistemology and in the theory of meaning are, we contend, but misguided wishes for their death, wishes that face severe problems of self-defeat. In addition, Quine’s naturalistic epistemology is subject to damaging skeptical worries, the force of which one cannot escape by ignoring them. A non-naturalistic approach to rationality is here to stay, whether friends of Quine’s naturalism like it or not. Any sweeping claim that non-naturalistic accounts of rationality are dead will face insurmountable obstacles from unavoidable questions about its own rational justification. Such questions will keep non-naturalistic epistemology and first philosophy alive forever, or at least as long as philosophers endure. (shrink)

The paper presents a brief analysis of the procedural approach towards constructing liberal political conceptions of justice and democracy. Treatment of J. Rawls’s evolution shows the negative consequences of abandoning external substantive criteria for theory evaluation, including efficiency, justification, truth. It also offers justification for the “epistemic turn” in contemporary political theory. The return of classical epistemological set of tools will help to strengthen the justification and legitimation of philosophical and political conceptions of justice and democracy by overcoming the (...) key limitations of the procedural approach. (shrink)

Scholars have traditionally explained away torture as an act of monstrosity. Hannah Arendt has proposed instead a socio-cultural explanation of the phenomenon. Modern rationality, she suggests, constitutes the legitimacy principle that grounds the bureaucracy of repression and that perpetrators can ultimately tap into for the purpose of justifying their deeds. I will suggest, instead, that modern technical rationality is per se not sufficient to justify torture. Rather, to do so, it must undergo a profound transformation as a result of its (...) being linked to deeper moral logics. Linkage, in turn, is a matter of cultural performance. To tackle the question of legitimacy in torture, it is therefore necessary to address its cultural pragmatics. Jeffrey Alexander’s latest work on social performance can help in this respect. (shrink)

The book of world-known German philosopher Jurgen Habermas is devoted to the Marxist social theory and in general to potential of the evolutionary concept of society. A wide range of topics is comprised: from the role of philosophy in Marxism and rational and ethical foundations of social identity to comparative theories and problem of legitimacy. J.Habermas does not only critically rethink Marxist concept, but builds a coherent theoretical alternative to it. The power of the book is that the key (...) problems of social theory are considered not only in the abstract plane but in the context of contemporary, keen, topical socio-political challenges. Namely the nature of current social crises, conflicts of legitimation of the contemporary state, the morality of power, the effect of innovations etc. The book has become not only one of the classical samples of Marxism analysis, but it was recognized significant contribution to contemporary social theory. (shrink)

ABSTRACT R. P. Wolff has argued that there is an irreconcilable conflict between the distinguishing mark of every state, viz. supreme authority over all its citizens, and the primary obligation of rational beings, viz. to act autonomously by taking moral responsibility for all of their actions. Utilitarian and consent theories which seek to justify the state's claim to possess a monopoly of the rightful use of force are shown to fail and the concept of a ‘legitimate state’to be morally (...) incoherent. However, Wolff's version of individualist anarchism does not follow. Human beings are by no means equally rational or homogeneously autonomous. There are ‘states’which have a contingent and variable right to enforce obedience over an indefinitely large number of their ‘subjects’, although not over those who are autonomous because rational in high degree. (shrink)

This article reports a critical discourse analysis of the legitimation strategies used in two Chinese government white papers about trade frictions between China and the United States. Drawing on the legitimation framework advanced by van Leeuwen to political discourse, it shows how the white papers use four main legitimation strategies: authorization, moralization, rationalization, and integration. It argues that the Chinese government uses these strategies to legitimate its responses to US trade policy and delegitimate the US government’s motives (...) for initiating/escalating tensions. This article also discusses how the use of these legitimation strategies draws from certain traditional Chinese cultural values, such as Confucianism, the culture of face, and collectivism. This article is a part of a larger research project studying discursive strategies in trade friction discourse and hopes to shed light on the attributes and functions of this type of discourse. (shrink)

This response to “A rational cure for pre-reproductive stress syndrome” first suggests it is existence that is essential and prerequisite to everything good or bad, therefore it deserves to be protected and respected. Secondly, it argues that every life is worth living, even if it is worse than some other lives, if the only alternative is non-existence. Finally, it takes a critical view of and challenges Häyry’s suggestion that in a good clinical situation, the idea of the irrationality of (...) having children could be a legitimate part of the guidance given, since it is not the counsellor’s or doctor’s duty to advise a couple who wish to have children that it is irrational or even immoral to bring a child into life. (shrink)

Imperfect efficiency in healthcare delivery is sometimes given as a justification for refusing to ration or even discuss how to pursue fair rationing. This paper aims to clarify the relationship between inefficiency and rationing, and the conditions under which bedside rationing can be justified despite coexisting inefficiency. This paper first clarifies several assumptions that underlie the classification of a clinical practice as being inefficient. We then suggest that rationing is difficult to justify in circumstances where the rationing agent is or (...) should be aware of and contributes to clinical inefficiency. We further explain the different ethical implications of this suggestion for rationing decisions made by clinicians. We argue that rationing is more legitimate when sufficient efforts are undertaken to decrease inefficiency in parallel with efforts to pursue unavoidable but fair rationing. While the qualifier ‘sufficient’ is crucial here, we explain why ‘sufficient efforts’ should be translated into ‘benchmarks of efficiency’ that address specific healthcare activities where clinical inefficiency can be decreased. Referring to recent consensus papers, we consider some examples of specific clinical situations where improving clinical inefficiency has been recommended and consider how benchmarks for efficiency might apply. These benchmarks should state explicitly how much inefficiency shall be reduced in a reasonable time range and why these efforts are ‘sufficient’. Possible strategies for adherence to benchmarks are offered to address the possibility of non-compliance. (shrink)

The paper deals with the mutual interest of both economic and social theory in exploring a broader concept of the rational and in finding validity claims for rational discourse. Efficiency and effectiveness are discussed as possible validity criteria in evaluating norms in practical discussion. In addition to the problem of defining validity criteria for argumentation on norms and social choices, a major difficulty arises from the lack of a legitimate reflective centre in society which could integrate behaviour with (...) norms and metapreferences. As ways of motivating cooperative, collective action, both norm commitment and self‐interest should be appealed to. (shrink)

Standard accounts of shame characterize it as an emotion of global negative self‐assessment, in which an individual necessarily accepts or assents to a global negative self‐evaluation. According to nonstandard accounts of shame, experiences of shame need not involve a global negative self‐assessment. I argue here in favor of nonstandard accounts of shame over standard accounts. First, I begin with a detailed discussion of standard accounts of shame, focusing primarily on Gabriele Taylor's standard account. Second, I illustrate how Adrian Piper's experience (...) of groundless shame can be portrayed as 1) both a rational and an irrational experience of shame, in accordance with Taylor's account as a paradigm model of standard accounts of shame, and 2) as a rational experience of shame when taken in its own right as a legitimate, rational account of shame. Third, without denying that some experiences of shame either are or can be irrational experiences of shame, I elucidate how standard accounts of shame can act as mechanisms of epistemic injustice, and in doing so can transmute the righteous indignation of the marginalized by recasting them as shameful experiences. (shrink)

The paper argues that the emergence of the Western question of rationality only can be understood in its dynamic and evolution from the correlation between philosophical/theological/scientifical institution and the strong objectivity, in that such a strong objectivity only can be achieved by a scientifical institutional praxis, something that common sense and common people cannot do. The Platonic model of scientifical institution as centralizing and monopolizing the epistemological-political grounding, imposing it directly on common sense and common people, is based on the (...) idea that the strong epistemological-moral objectivity is the normative condition to the sense at all, to the framing, legitimation and guiding of common sense and common people. So this correlation between scientifical institution and strong objectivity leads to the strong institutionalism regarding the constitution, the legitimation and the social foment of the valid knowledge and of the valid culture, again from the contraposition to common sense and common people. Here, scientifical institution acquires a role of judge and of guide of the social evolution as a whole. The paper’s central argument is that such Platonic linking between scientifical institution and rationality must be deconstructed in favor of common sense and common people, i.e. in favor of the democracy as basis of the epistemological-moral grounding, which means as consequence the institutional weakening and abandonment of that Platonic self-understanding which links scientifical institution and objectivity. (shrink)

Les définitions de la rationalité fondées sur les seules ressources des activités communicationnelles et des formes de vie qui leur sont liées se heurtent à des difficultés dont la tentative de Habermas constitue un eminent exemple. La question de la légitimation en constitue la pierre de touche; elle est au coeur de la controverse qui oppose Apel à Habermas et de ce qui les conduit à chercher différemment une issue dans les prétentions à la validité que renferment à leurs yeux (...) les activités communicationnelles. Leur mobilisation d’un modèle pragmatique de la rationalité s’articule ainsi à la recherche d’un élément inconditionné dans lequel on peut voir une source majeure d’apories et de désaccords quant aux solutions respectivement envisagées. Cette situation conduit à se demander 1) si le concept de « rationalité communicationnelle » n’est pas intrinsèquement affecté par l’ambiguïté qui associe à l’argumentation et à l’immanence des pratiques communicationnelles l’idée d’une légitimation, elle-même liée à une transcendance que celles-ci paraissent exclure, 2) si un éclairage, à défaut d’une issue, ne résiderait pas dans une meilleure compréhension des liens qui associent le nécessaire à l’arbitraire.The possibility of defining the rationality upon the only basis of communicative actions and forms of life lies at the root of several difficulties, of which Habermas’ attempts give a very significant example. Legitimation is its touchstone. It is the central point of the Apel-Habermas controversy and it is the basis of its latest developments. Apel and Habermas are both seeking an out- come by looking at " claims to validity " which they consider to be embodied in communicative actions. So they appeal at the same time to a pragmatist account of rationality and to some Unconditional, which is the main source of the dilemmas and disagreements they have to cope with. One may wonder whether the kind of tension which strikes the tie relating argumentation to some " transcendant moment " is not built into the very notion of communicative rationality. But one may also wonder whether some illumination, if not outcome, might not consist in some attempt to investigate the very connections between Necessary and Arbitrary. (shrink)

Racial profiling has come under intense public scrutiny especially since the rise of the Black Lives Matter movement. This article discusses two questions: whether racial profiling is sometimes rational, and whether it can be morally permissible. It is argued that under certain circumstances the affirmative answer to both questions is justified.

I aim to analyze in this dissertation what a desirable basic institutional structure looks like from the perspective of rationality. While the main topic is thus normative in nature, I start by clarifying in the first part what the notion of rationality exactly entails. I do so by focusing explicitly on the economic conception of rationality, according to which a rational individual is motivated to serve his self-interest on the basis of cost-benefit calculations. Such a Homo Economicus is characterized (...) by his intentional and instrumental actions, his perfectly informed beliefs and his exogenously given and egoistic preferences. In my view, however, this model is inadequate if one aims to understand what it means to be rational. The requirements that actions should be instrumental, beliefs should be based on perfect information and preferences should be exogenously given and egoistic in nature turn out to be overly demanding in this respect. That is why I propose to drop these assumptions in what I label the minimal conception of rationality. Since the latter turns out to be very formal indeed, I propose two further alternatives, which focus not so much on the choice of means to achieve certain goals, as they focus on the choice of these goals themselves. According to the first, broad conception, actions are rational if they are based on good reasons, which are further qualified as well-informed beliefs and autonomous preferences. According to the second, expressive conception, actions, beliefs and preferences are rational if they express the things the individual at hand cares about. The latter requires that individuals can reflect upon and identify with their reasons, which implies a capacity to reflect upon and distance themselves from their own bundle of preferences. In the second part of this dissertation, I try to show the value and limitations of these conceptions by applying them to the context of large-scaled elections. In this respect, it becomes immediately clear that the economic conception fails to explain why quite a lot of people go out and vote. After all, since a single vote has only an infinitesimal impact on the electoral result, it does not enable people to serve their interests or realize their goals. This leads to the so-called voting paradox, according to which no rational individual will decide to vote. The standard solution is to assume that individuals vote because they derive satisfaction from the very act itself. However, this strategy is rather ‘ad hoc’ and does not explain how people vote once they find themselves inside the voting booth. The expressive conception of rationality does better in this respect. It suggests that people vote because they care about democracy in general or about a specific political candidate or ideology. Since they conceive of themselves as being a good citizen, they express this aspect of their identity by going out to vote. In the third part of this dissertation, I analyze more fully the normative implications of the different conceptions of rationality. More specifically, I try to answer the question which basic institutional structure is desirable if one assumes that people are by and large rational. This immediately shows that both the normative issue and the explanatory issue are closely connected. In my view, proposals regarding institutional design and reform should be based on empirically adequate models of individual actions and motivations. This search for a realistic utopia goes against the conventional strategy of most economists. They rely on the Homo Economicus model, even if this fails to explain individual behavior. To explain more fully what the normative implications are of the counterfactual assumption that all people are economically rational, I focus on the work of James Buchanan. In his theory of constitutional choice, he argues in favor of a minimal state whose only task is to make sure that the market functions properly. Buchanan thus favors strict constitutional limitations for governments, which tend to expand beyond legitimate borders as soon as politicians and public servants are allowed to serve their own interests. In my view, however, the abovementioned criticisms of the Homo Economicus model have theoretical as well as normative implications. After all, the empirically supported fact that a majority of individuals does not act in economically rational ways creates more room for legitimate government intervention. Expressively rational citizens will, for example, more easily agree on the necessity and desirability of a collective provision of certain public goods. In addition, expressively rational politicians and public servants can be more easily trusted to serve the public interest rather than their narrowly defined self-interest. As an alternative to Buchanan’s one-sided focus on economic rationality and the market, I focus on the work of Samuel Bowles en Herbert Gintis. More specifically, I explore their work on the phenomenon of strong reciprocity, which refers to the widespread tendency of people to reward prosocial behavior and punish antisocial behavior, even if this is costly for themselves. Since this is clearly economically irrational, Bowles and Gintis propose to complement the Homo Economicus model with the Homo Reciprocans model. This model, which comes close to the expressive conception of rationality, is able to incorporate the insight that social norms surrounding reciprocity, cooperation and fairness are crucial in regulating interactions. At the normative level, Bowles and Gintis stress that such norms often lead to socially desirable outcomes, since they enable people to live in harmony without relying on coercive and costly government interventions. This suggests that the debate between proponents of the market on the one hand and the state on the other hand neglects the importance of communities where people spontaneously interact on the basis of generally prosocial norms. As such, the insights of Bowles and Gintis lead to a defense of a basic institutional structure in which markets, states and communities mutually complement and reinforce each other. They also justify a general optimism as regards to the capacity and motivation of people to try and improve the rules and institutions that govern their everyday lives. (shrink)

This article examines the way advertising was rationalized in the early twentieth-century United States. Drawing on a targeted archival comparison with the United Kingdom, I show how the extensive mobilization undertaken to legitimate and rationalize advertising, rather than changes in the techniques employed in the content of ads themselves, were seen by actors in the mid-1920s to explain most of the extraordinary advances made by American advertising. Building on that comparison, I show how American advertising was transformed, particularly around World (...) War I, into a legitimate profession situated at the center of a network of expertise about consumers and their media. Under the banner of “truth in advertising” ads came to be regarded as a legitimate, rational, and sustained business investment, leading to an enormous increase in aggregate expenditures. I argue that future research should examine how this process fuelled mass media and contributed to the conditions for modern consumerism. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Salomon Maimon: Rational Dogmatist, Empirical Skeptic: Critical AssessmentsDaniel BreazealeGideon Freudenthal, editor. Salomon Maimon: Rational Dogmatist, Empirical Skeptic: Critical Assessments. Dordrecht: Kluwer, 2003. pp vii + 304. Cloth, $135.00.This collection of previously unpublished essays on one of the more idiosyncratic and complex figures in the history of philosophy begins with a splendid introductory essay by the editor, "A Philosopher between Two Cultures," emphasizing the "inter-cultural" character of (...) Maimon's achievement and his position as an outsider with respect to both the traditional Jewish community and that of modern German philosophy, a position reflected in Maimon's strategy of advancing his systematic philosophy by means of eccentric "commentaries" on such authors as Maimonides, Newton, and Kant.Maimon's "dual cultural project" is also the theme of a fine essay by Yossif Schwartz, "Causa materialis: Solomon Maimon, Moses ben Maimon and the Possibility of Philosophical Transmission," which compares Maimon's effort to introduce his Hebrew readers to Kantian philosophy (in his commentary on The Guide of the Perplexed) and his German-language readers to Maimonides (in his Autobiography), in an effort to legitimize modern philosophy to his fellow Jews and Maimonides and the tradition of Jewish thought to his fellow philosophers. Schwartz illustrates this point with reference to the specific issue of God as "material cause" of the world.Several of the essays deal with the difficult but important theme of predication and with Maimon's central notion of the "principle of determinability," understood as the highest principle of all (real) synthetic judgments. Oded Schechter's "The Logic of Speculative Philosophy and Skepticism in Maimon's Philosophy: Satz der Bestimmbarkeit and the Role of Synthesis" analyzes this theme in considerable technical detail and relates it to Maimon's philosophy as a whole, and indeed to the "speculative logic" of Hegel and others. This is certainly one of the richest (as well as one of the more challenging) essays in the collection, containing illuminating discussions not only of the principle of determinability, but also of Maimon's highly original notions of "synthesis" and "construction." More accessible is Elhanan Yakira's "From Kant to Leibniz? Salomon Maimon and the Question of Predication," which not only clearly explains the principle in question but convincingly disputes the widespread view that this represents a return to Leibnizian rationalism on the part of Maimon.Maimon's poorly understood theory of "the differential" is the theme of the contribution by Michael Roubach, "Salomon Maimon's Philosophy and its Place in the Enlightenment: Wandering in the Land of Difference," which interprets this notion in the context of the difference between the finite and the infinite intellect and stresses the difference between Maimon's position and that of pre-Kantian rationalism. Unfortunately, Roubach's effort to clarify Maimon's position by comparing it to that of Giles Deleuze is too brief and obscure to be helpful.Though Maimon's relationship to Kant is at least touched on in almost every essay in this collection, it is the explicit theme of four of them, three of which dwell on Maimon's [End Page 119] so-called "quid facti" challenge to Kant's deduction of the categories. Peter Thielke's "Intuition and Diversity: Kant and Maimon on Space and Time" is a very long and philosophically sophisticated examination of Maimon's direct challenge to Kant's "discursivity thesis" regarding the heterogeneity of the faculties of sensibility and understanding. Thielke focuses on Kant's account of space and time as pure forms of intuition and contrasts this with what he calls Maimon's "neglected alternative," viz.: that space and time are not forms of intuition at all, but rather "forms of diversity" and hence features of the function of thinking. In order to explicate this difficult theory, Thielke offers an impressive reconstruction of Maimon's fiendishly obscure idea of the "differentials of pereption" and hence of the fundamentally productive character of the understanding. This provides the theoretical foundation for Maimon's non-dualistic account of the cognitive faculties and his non-causal account of the mind's passivity. Thielke concludes that Maimon's objections, if not sufficient to overturn the discursivity thesis, still undermine the evidence for the same... (shrink)

Al-Najjar and Weinstein argue that the extant literature on ambiguity aversion is not successful in accounting for Ellsberg choices as rational responses to ambiguity. We concur, and propose that rational choice under ambiguity aims at robustness rather than avoidance of ambiguity. A central argument explains why robust choice is intrinsically context-dependent and legitimately violates standard choice consistency conditions. If choice consistency is forced, however, ambiguity-aversion emerges as a semi-rational response to ambiguity.

Internet memes, as artifacts of digital culture, quickly spread political ideas and critiques, transcending traditional media. Despite their prevalence, understanding how memes use semiotic elements and (de)legitimization strategies to shape political narratives on social media is limited. This research investigates how semiotic representations and (de)legitimization processes materialize in political discourse through social media memes. Using Van Leeuwen's (2005, 2007) framework of social semiotics and (de)legitimization strategies, we analyzed the visual and textual elements of 47 memes collected from January to July (...) 2024; we selected 11 memes that represent Van Leeuwen's (de)legitimization strategies. The study revealed that memes convey complex political messages using semiotic resources, including color, gesture, and text. Intertextuality, humor, irony, rationalization, and moral evaluation are commonly used to criticize or support political figures and ideologies. This highlights the dynamic role of social media in political communication, where memes rapidly influence public perception. The findings emphasize the importance of understanding semiotic and rhetorical strategies in political communication analysis. The study contributes to the discourse of digital political communication by showing how memes, as cultural artifacts, shape political narratives and legitimacy. The research has significant implications for political strategists, communicators, and academics interested in the intersection of media, politics, and culture. (shrink)

Jürgen Habermas has argued that religious views form a legitimate background for contributions to an open public debate, and that religion plays a particular role in formulating moral intuitions. Translating religious arguments into “generally accessible language” (Habermas, Eur J Philos 14(1):1–25, 2006) to enable them to play a role in political decisions is a common task for religious and non-religious citizens. The article discusses Habermas’ view, questioning the particular role of religion, but accepting the significance of including such counter-voices to (...) the predominant views. Furthermore it is pointed out that not only religious but also numerous secular views stand in need of translation to be able to bear on policy matters. Accepting Habermas’ general framework, I raise the question whether experts (such as clinicians working in relevant specialised areas of care) participating in political debates on biomedical issues have a duty to state their religious worldview, and to what extent the American government decision to restrict embryo stem cell research is an illegitimate transgression of the State-Church divide. (shrink)