During the twentieth century, the view that assertions and norms are valid insofar as they respond to principles independent of all local and temporal contexts came under attack from two perspectives: the partiality of translation and the intersubjective constitution of the self, understood as responsive to recognition. Defenses of universalism have by and large taken the form of a thinning out of substantive universalism into various forms of proceduralism. Alessandro Ferrara instead launches an entirely different strategy for transcending (...) the particularity of context without contradicting our pluralistic intuitions: a strategy centered on the exemplary universalism of judgment. Whereas exemplarity has long been thought to belong to the domain of aesthetics, this book explores the _other_ uses to which it can be put in our philosophical predicament, especially in the field of politics. After defining exemplarity and describing how something unique can possess universal significance, Ferrara addresses the force exerted by exemplarity, the nature of the judgment that discloses exemplarity, and the way in which the force of the example can bridge the difference between various contexts. Drawing not only on Kant's _Critique of the Power of Judgment_ but also on the work of Hannah Arendt, John Rawls, Ronald Dworkin, and Jürgen Habermas, Ferrara outlines a view of exemplary validity that is applicable to today's central philosophical issues, including public reason, human rights, radical evil, sovereignty, republicanism and liberalism, and religion in the public sphere. (shrink)

_Reflective Authenticity: Rethinking the Project of Modernity_ is a challenging consideration of what remains of ambitious Enlightenment ideas such as democracy, freedom and universality in the wake of relativist, postmodern thought. Do clashes over gender, race and culture mean that universal notions such as justice or rights no longer apply outside our own communities? Do our actions lose their authenticity if we act on principles that transcend the confines of our particular communities? Alessandro Ferrara proposes a path out (...) of this impasse via the notion of reflective authenticity. Drawing on Aristotle, Kants concept of reflective judgement and Heideggers theory of reflexive self-grounding, _Reflective Authenticity: Rethinking the Project of Modernity_ takes a fresh look at the state of Critical Theory today and the sustainability of postmodern politics. (shrink)

The main purpose of the paper is to contribute to reconstructing the kind of normativity underlying Rawls’s notion of public reason and of the reasonable. The implicit target is the somewhat popular view according to which the transition from the framework of A Theory of Justice to that of Political Liberalism would entail a loss of normativity. On the contrary, the related ideas of public reason and the reasonable are argued to presuppose a notion of normativity – linked with judgment (...) – far more consistent with the premise of the fact of pluralism. After reconstructing Rawls’s notion of public reason, the two following problems are addressed: the problem of determining when allegedly shared truths, the building stones of public reason, are really such and, second, the problem of what it means for one reason to follow or proceed from a shared basis. In the context of such discussion three distinct meanings of the term ‘reasonable’ are identified, and the normatively more demanding one – the notion of some thesis or proposal being not just reasonable, but comparatively ‘more reasonable’ than another – is found to require that the reasonable be understood as the exemplary and, consequently, that we find ways to translate the Kantian doctrine of the exemplary yet universalist validity of aesthetic judgments into a non-aesthetic vocabulary. (shrink)

Alessandro Ferrara explains what he terms "the democratic horizon" - the idea that democracy is no longer simply one form of government among others, but is instead almost universally regarded as the only legitimate form of government, the horizon to which most of us look. Professor Ferrara reviews the challenges under which democracies must operate, focusing on hyperpluralism, and impresses a new twist onto the framework of political liberalism. He shows that distinguishing real democracies from imitations can (...) be difficult, responding to this predicament by enriching readers' understanding of the spirit of democracy; clearing readers' views of pluralism from residues of ethnocentrism; and conceiving multiple versions of democratic culture, rooted in the diversity of civilizational contexts. (shrink)

In this paper the notion of sensus communis, as articulated by Kant in the Critique of the Power of Judgment, is discussed from the vantage point of the author's project of exporting the model of exemplary universalism underlying reflective and, specifically, aesthetic judgment beyond the realm of aesthetics. In the first section, the relevance of such a project relative to an appraisal of the new and unsuperseded philosophical context opened by the Linguistic Turn is elucidated. Then the centrality of sensus (...) communis, for making sense of the specific universalism inherent in reflective judgment, is highlighted. In the second section, the limitations inherent in two opposite strategies for conceptualizing sensus communis are discussed: namely, the hermeneutic idea of a `horizon' and the phenomenological notion of a life-world on one hand, and the Kantian minimalist, naturalized concept of sensus communis on the other. The former is argued to become entangled in relativism, the latter to run against our intuitions concerning the inter-subjective constitution of the subject. In the final section, a third notion of sensus communis is offered, still compatible with the Kantian conception, different from the Gadamerian concept of a tradition or to the phenomenological notion of Lebenswelt, yet still capable of offering a plausible ground for the exemplary universalism of aesthetic judgment. Expanding on Kant's view of aesthetic pleasure, sensus communis is understood as consisting of a universal capacity, on the part of every human being, to sense from within a plurality of coordinates the flourishing of human life and what favours it. (shrink)

This text is an integrated and comprehensive account of theories of justice and judgement in contemporary political and moral philosophy. It offers a critical examination of judgement and normative validity in the recent works of Rawls, Habermas, Ackerman, Michaleman, and Dworkin. Ferrara demonstrates how the understanding of justice and normative validity, since the linguistic turn in philosophy, is defined in terms of reflective judgement. This demonstration comprises of an historical overview of the judgement model in contemporary political philosophy that (...) focuses on Rawls on ` justice as fairness' and Habermas on the discourse theory of law and the public sphere. The discussion then examines situated judgement; the work of Ackerman on the function of the constitution; and Michaelman on deliberative democracy. Justice and Judgement concludes with an exhaustive and exacting discussion of universalism and contemporary liberalism; and the judgement view of justice. The key themes of this examination are the good; equal respect; and reflexive judgement. (shrink)

Frank Michelman’s recent book Constitutional Essentials. On the Constitutional Theory of Political Liberalism is discussed from a specific angle, related to how Rawls’s ‘deflection procedure’ – called by Michelman ‘justification by constitution’ – is affected by two recent innovations in the paradigm of political liberalism: first, the extension of reasonable pluralism to a family of liberal political conceptions of justice that coexist in a liberal-democratic society; second, the idea of legitimation based on the criterion of reciprocity, aimed at supplementing the (...) liberal principle of legitimacy. In the attempt to probe Michelman’s assessment of the impact of these two innovations, three critical points are mentioned, for each of them, that suggest a somewhat more sceptical attitude than Michelman’s about the capacity of ‘justification by constitution’ to remain substantially unaltered, once these innovations are in place. (shrink)

Cristina Lafont’s Democracy Without Shortcuts enriches the discussion of deliberative democracy with new insights. After discussing her three objections against Waldron’s denunciation of judicial review as antidemocratic, the main flaw of Waldron’s thesis is argued to remain out of focus. The constitution is understood by him as owned by the living citizens, in a pattern of serial sovereignty that raises three problems: (a) the ‘wanton republic’; (b) the under-individuation of the polity; (c) generational inequality. The answer to Lafont’s question ‘Can (...) We Own the Constitution?’ (Section Three) is then argued to be that only ‘we the people’, including past, present and future ‘free and equal’ generations, own the constitution. The living citizens are the segment of ‘the people’ endowed with agency, have a voice, can modify the inherited political scheme, but cannot legitimately disfigure it, under penalty of destroying the regulatory function of the constitution. (shrink)

This paper engages with Ferrajoli’s contribution to the philosophical debate on constitutional democracy and in particular his conception of ‘structural entrenchment’, or the basis upon which one can defend the normativity of the Constitution as ‘higher law’, which can trump or limit legislation, without infringing democratic principles. Ferrajoli’s own understanding of ‘structural entrenchment’ is compared to Rawls’s and Dworkin’s arguments in support of it. Ferrajoli’s position is neither grounded on a philosophy of history, as in Rawls, nor on a version (...) of moral realism, as for Dworkin, but on a formal understanding of the nature of fundamental rights, and in a conception of democratic sovereignty as ‘joint ownership.’. (shrink)

With the publication of Theorie des kommunikativen Handelns (1981) and of his essays “A Reply to my Critics” (1982), “Diskursethik — Notizen zu einem Bugründungsprogramm” (1983), “Moralbewusstsein und kommunikatives Handeln” (1983), and “Über Moralität und Sitdichkeit — Was macht eine Lebensform ‘rational’?” (1984), Habermas has considerably developed and systematized his views on ethics. Up to Communication and the Evolution of Society (1979), ethics had been of interest to Habermas mainly insofar as certain concepts related to it — such as the (...) ideal speech situation, communicative action, presuppositions of argumentation, etc. — were crucial for the purpose of grounding a universalistic point of view in philosophy and in social theory. (shrink)

This article examines recent theories of democratic citizenship as well as the institutional separation of religion and politics in light of shortcomings with the traditional secularization thesis. Due to the fact that juridical norms and forms of consciousness develop at a more rapid pace than religious ones, received accounts of both democratic equality and toleration need to be reconceptualized. Questions concerning the legitimacy and neutrality of religious reasoning in democratic politics, as pursued in the work of Rawls and Habermas, also (...) need to be informed by further reflection on the confessional context and other empirical features of post-secular societies. Comparing the politics of same-sex marriage in Canada and Italy helps to illustrate this point. (shrink)

Il saggio prende in esame due punti della teorizzazione di Harry Frankfurt in merito alla moral agency. Il primo è la corretta concettualizzazione del momento della ‘decisione’ all’interno del­­la ca­tena deliberativa. Vengono esaminati tre passaggi critici: a) la base normativa a cui la decisione ri­spon­de; b) la teoria della ‘unificazione della persona’ attraverso la decisione e c) la distinzione fra ‘scelta’ e ‘decisione’. Il secondo punto è l’ambiguità in­sita nel concetto di ‘doveri d’amore’ pro­posto da Frankfurt. A questo pro­posito vengono (...) esaminate: a) la di­stin­zione fra amore ‘attivo’ e ‘passivo’ e b) la mancata tematizzazione della ‘legittimità del­l’a­more’, ovvero del rap­porto fra l’a­more in quanto relazione sociale e i quadri interpretativi del­la cul­tura entro cui si sviluppa.In this paper two aspects of Harry Frankfurt’s theory of moral agency will be examined. First, his conceptualization of the moment of ‘decision’ wi­thin the deliberative chain will be addressed. Three critical junctures will be dis­cussed: a) the normative basis of the actor’s ‘decision’; b) Frankfurt’s view of the ‘unification’ of the person via decision and c) his distinction of ‘choice’ and ‘decision’. The second point addressed is the ambiguity in­herent in Frankfurt’s notion of ‘duties of love’. With regard to this notion, the following points will be discussed: a) the distinction between ‘active’ and ‘passive’ love and b) Frankfurt’s neglect of the dimension of the ‘le­gi­timacy of love’, i.e. of the nexus of love qua social relation and the inter­pre­tive cadres of the culture within which it unfolds. (shrink)

This essay is about the difficulties connected with grounding human rights philosophically in a multicultural context. These difficulties are argued to derive from the tension between our aspiration to universal validity and our shared belief in the constitutive role of life-forms, traditions, cultures, and vocabularies vis-à-vis our conceptions of justice. Rawls's and Habermas's approaches to the justification of human rights are then briefly reconstructed and assessed. A symmetrical distribution of strong and weak points is argued to obtain. In the light (...) of this reconstruction, the author explores the potential of his judgment view of justice for providing a justification of the universality of human rights not vulnerable to the difficulties of the other examined approaches. (shrink)

Within the author’s long-term project of updating John Rawls’s paradigm of “political liberalism” to a historical context different from the original one, this paper focuses on how political liberalism can help us understand populism and help liberal democracy survive the populist upsurge. In the first section, political liberalism is argued to be of help in directing our attention to three constitutive aspects of all sorts of populism: the conflation of “the people” with the electorate and the electorate with the nation, (...) the attribution of constituent power to the electorate, and a penchant for so-called “justified intolerance.” In the second section, enfeebled democracies and postliberal democracies are discussed as two distinctly dangerous outcomes of populist contagion. Finally, in the third section the containment of populism is argued to require targeting the socioeconomic factors undergirding the populist upsurge and the jettisoni... (shrink)

In this essay I argue that the notion of religious transcendence was a latecomer in human evolution. It did not appear before the Axial Age, and in its extreme form as a realm of ultimate meanings beyond human reach it had only a locally and temporally bounded existence. Once it appeared, however, the idea of religious transcendence set an evolutionary dynamic in motion, which soon led to various forms of “immanent transcendence,” starting from the “Papal Revolution” and continuing with the (...) Reformation, the Enlightenment, the Kantian notion of the transcendental and its Hegelian and Habermasian modifications. In my conclusion I briefly discuss two alternative versions of modern immanent transcendence—cognitive and exemplary—and their consequences for political philosophy. (shrink)

Translated from the 1989 Italian edition, Ferrara (sociology, U. of Rome) intertwines an exploration of the ethical and social thought of 17th-century French philosopher Rousseau, with an analysis of contemporary culture through those ...

In the global world, momentous migratory tides have produced hyper-pluralism on the domestic scale, bringing citizens with radically different conceptions of life, justice and the good to coexist side by side. Conjectural arguments about the acceptance of pluralism, the next best to public reason when shared premises are too thin, may not succeed in convincing all constituencies. What resources, then, can liberal democracy mobilize? The multivariate democratic polity is the original answer to this question, based on an interpretation of Rawls (...) which revisits Political Liberalism in the light of The Law of Peoples . The unscrutinized assumption is highlighted, often read into Rawls’s Political Liberalism , that a polity moves homogeneously and all of a piece from religious conflict to modus vivendi, constitutional consensus and finally to overlapping consensus. Drawing on The Law of Peoples , a different picture can be obtained. (shrink)

After focusing on the understanding and the prospect of post-secular society (2008), probing the fruitfulness of expanding multiculturalism into multicultural jurisdictions (2009) and investigating a possible realignment of major liberal notions (2010), in 2011 the so-called ‘trap of resentment’ has been at the center of the İstanbul Seminars. The three sections of this special issue – which collects together the contributions discussed in İstanbul between 19 to 24 May 2011 – are devoted to various facets of the task of inverting (...) the trend and setting a virtuous circle of understanding and trust across cultural and religious divides: (a) identifying the sources and consequences of xenophobic and anti-Moslem resentment as well as the possible remedies (Abdullahi A. An-Nacim, Claus Offe, Rajeev Bhargava, Stefano Allievi, Volker Kaul, Ayan Kaya); (b) rethinking and redesigning the received models for the peaceful coexistence of diversity (Charles Taylor, Anthony Appiah, Alessandro Ferrara, Beate Roessler, David Rasmussen, Fuat Keyman); and (c) tracing and assessing the emerging patterns of the political transformation of Islam (Akeel Bilgrami, José Casanova, Fred Dallmayr, Zaid Eyadat, Dick Howard, Nouzha Guessous). (shrink)

In this article, Honneth’s Freedom’s Right is discussed with the intent to assess its potential for offering a view of justice, grounded in social freedom, more adequate than the theories of justic...

Legal and political philosophers of a normative bent face an uphill struggle in keeping themes of global justice and cosmopolitan governance, at the forefront of their disciplinary debate, given the perceived urgency of confronting, at the domestic level, the populist upsurge in mature democracies and “democratizing societies” alike. In this paper, these two levels of analysis—national and transnational—mutually enrich one another through a reflection on the ground of legitimacy. In the first section, neo-perfectionist approaches to the legitimation of transnational authority (...) and public reason approaches rooted in the paradigm of “political liberalism” will be contrasted. In the second section, a non-perfectionist and normative conception of the legitimacy of transnational authorities will be derived from Rawls’s “liberal principle of legitimacy” and the difference with the application of the same principle at the domestic level will be elucidated. In the third section, on the basis of such conception, one of the most complete and influential approaches to the legitimacy of transnational authorities—i.e., the “Complex Standard of Legitimacy” expounded by A. Buchanan and R. Keohane in “The Legitimacy of Global Governance Institutions”—will be critically assessed. (shrink)

After focusing on the understanding and the prospect of post-secular society (2008), probing the fruitfulness of expanding multiculturalism into multicultural jurisdictions (2009) and investigating a possible realignment of major liberal notions (2010), in 2011 the so-called ‘trap of resentment’ has been at the center of the Istanbul Seminars. The three sections of this special issue – which collects together the contributions discussed in Istanbul between 19 to 24 May 2011 – are devoted to various facets of the task of inverting (...) the trend and setting a virtuous circle of understanding and trust across cultural and religious divides: (a) identifying the sources and consequences of xenophobic and anti-Moslem resentment as well as the possible remedies (Abdullahi A. An-Na c im, Claus Offe, Rajeev Bhargava, Stefano Allievi, Volker Kaul, Ayan Kaya); (b) rethinking and redesigning the received models for the peaceful coexistence of diversity (Charles Taylor, Anthony Appiah, Alessandro Ferrara, Beate Roessler, David Rasmussen, Fuat Keyman); and (c) tracing and assessing the emerging patterns of the political transformation of Islam (Akeel Bilgrami, José Casanova, Fred Dallmayr, Zaid Eyadat, Dick Howard, Nouzha Guessous). (shrink)

In _Rousseau and Critical Theory_, Alessandro Ferrara argues that an implicit normative understanding of the authenticity of an identity brings unity to Rousseau's multifarious lifework and contains important teachings for contemporary Critical Theory, views of self-constitution and political philosophy.

In this paper I respond to Lois McNay’s article “The politics of exemplarity: Ferrara on the disclosure of new political worlds.” After contextualizing her appraisal of my views on exemplarity within the current debate about critical theory and postcolonialism, and after clarifying my interpretation of Kant’s notion of sensus communis, I defend the function that this concept plays within an immanent and experience-near approach to critical theory. Sensus communis is what makes of a subjective grievance a cogent critique. I (...) then elucidate how the transcontextual communicability of human flourishing can be understood, along lines still compatible with Kant’s theory of judgment. In the final section of the paper, McNay’s suggestion to reconceptualize critique in experience-near terms is integrated as a genealogical reconstruction of sensus communis as nourished by encounters with experiences of injustice. (shrink)

This article aims at exploring one specific facet of pluralism: How can we conceive of a variety of democratic cultures that are not just local adaptations of one basic western-centric understanding of the democratic ethos? Drawing on Islamic, Jewish, Hindu, Buddhist and Confucian sources, a convergence among diverse democratic cultures is cursorily highlighted on such elements as the priority of the common good, the acceptance of pluralism, the desirability of collegial deliberation, the equality of citizens, and the value of individuality. (...) Then two important points of dissonance are analysed in greater detail – the idea of the priority of rights over duties and the role of political conflict within a democratic polity – and shown not to be correlative with a divide between western and non-western contexts. Finally a typology of 4 kinds of democratic cultures is outlined. (shrink)

In 2020, with the outbreak of the COVID-19 pandemic, academics and scientists began to question the triage criteria for allocating insufficient healthcare resources, trying to ethically justify the answer to the question, Who should receive medical care first? In this article, I will argue that even if we apply triage criteria, we won't be able to avoid the violation of human dignity or of the right to life and to health care. I will then suggest that, maybe, the real ethical (...) triage dilemma lies not in the question, Who should receive medical care first? but in the question, How are we to decide who should receive medical care first? (shrink)