_The Phenomenological Mind_ is the first book to properly introduce fundamental questions about the mind from the perspective of phenomenology. Key questions and topics covered include: • what is phenomenology? • naturalizing phenomenology and the cognitive sciences • phenomenology and consciousness • consciousness and self-consciousness • time and consciousness • intentionality • the embodied mind • action • knowledge of other minds • situated and extended minds • phenomenology and personal identity. This second edition includes a new preface, and revised (...) and improved chapters. Also included are helpful features such as chapter summaries, guides to further reading, and a glossary, making _The Phenomenological Mind_ an ideal introduction to key concepts in phenomenology, cognitive science and philosophy of mind. (shrink)

Recent studies in developmental psychology have found evidence to suggest that there exists an innate system that accounts for the possibilities of early infant imitation and the existence of phantom limbs in cases of congenital absence of limbs. These results challenge traditional assumptions about the status and development of the body schema and body image, and about the nature of the translation process between perceptual experience and motor ability.

We argue that theory-of-mind (ToM) approaches, such as “theory theory” and “simulation theory”, are both problematic and not needed. They account for neither our primary and pervasive way of engaging with others nor the true basis of our folk psychological understanding, even when narrowly construed. Developmental evidence shows that young infants are capable of grasping the purposeful intentions of others through the perception of bodily movements, gestures, facial expressions etc. Trevarthen’s notion of primary intersubjectivity can provide a theoretical framework for (...) understanding these capabilities and his notion of secondary intersubjectivity shows the importance of pragmatic contexts for infants starting around one year of age. The recent neuroscience of resonance systems (i.e., mirror neurons, shared representations) also supports this view. These ideas are worked out in the context of an embodied “Interaction Theory” of social cognition. Still, for more sophisticated intersubjective interactions in older children and adults, one might argue that some form of ToM is required. This thought is defused by appeal to narrative competency and the Narrative Practice Hypothesis (or NPH). We propose that repeated encounters with narratives of a distinctive kind is the normal route through which children acquire an understanding of the forms and norms that enable them to make sense of actions in terms of reasons. A potential objection to this hypothesis is that it presupposes ToM abilities. Interaction Theory is deployed once again to answer this by providing an alternative approach to understanding basic narrative competency and its development. (shrink)

We distinguish between three philosophical views on the neuroscience of predictive models: predictive coding, predictive processing and predictive engagement. We examine the concept of active inference under each model and then ask how this concept informs discussions of social cognition. In this context we consider Frith and Friston’s proposal for a neural hermeneutics, and we explore the alternative model of enactivist hermeneutics.

A BSTRACT: I argue that theory theory approaches to autism offer a wholly inadequate explanation of autistic symptoms because they offer a wholly inadequate account of the non-autistic understanding of others. As an alternative I outline interaction theory, which incorporates evidence from both developmental and phenomenological studies to show that humans are endowed with important capacities for intersubjective understanding from birth or early infancy. As part of a neurophenomenological analysis of autism, interaction theory offers an account of interpersonal problems that (...) is fully consistent with the variety of social and nonsocial symptoms found in autism. (shrink)

In this paper I defend interaction theory (IT) as an alternative to both theory theory (TT) and simulation theory (ST). IT opposes the basic suppositions that both TT and ST depend upon. I argue that the various capacities for primary and secondary intersubjectivity found in infancy and early childhood should not be thought of as precursors to later developing capacities for using folk psychology or simulation routines. They are not replaced or displaced by such capacities in adulthood, but rather continue (...) to operate as our ordinary and everyday basis for social cognition. I also argue that enactive perception rather than implicit simulation is the best model for explaining these capacities. (shrink)

I present arguments against both explicit and implicit versions of the simulation theory for intersubjective understanding. Logical, developmental, and phenomenological evidence counts against the concept of explicit simulation if this is to be understood as the pervasive or default way that we understand others. The concept of implicit (subpersonal) simulation, identified with neural resonance systems (mirror systems or shared representations), fails to be the kind of simulation required by simulation theory, because it fails to explain how neuronal processes meet constraints (...) that involve instrumentality and pretense. Implicit simulation theory also fails to explain how I can attribute a mental or emotion state that is different from my own to another person. I also provide a brief indication of an alternative interpretation of neural resonance systems. (shrink)

In this paper, we first review recent arguments about the direct perception of the intentions and emotions of others, emphasizing the role of embodied interaction. We then consider a possible objection to the direct perception hypothesis from social psychology, related to phenomena like ‘dehumanization’ and ‘implicit racial bias’, which manifest themselves on a basic bodily level. On the background of such data, one might object that social perception cannot be direct since it depends on and can in fact be interrupted (...) by a set of cultural beliefs. We argue, however, that far from threatening the idea of direct perception, these findings clearly contradict the idea of hardwired theory of mind modules. More generally, we suggest that in order to further the understanding of social cognition we must take seriously insights about in-group and out-group distinctions and related phenomena, all of which are currently neglected in the mainstream social cognition literature. (shrink)

Resistance to the idea that phenomenology can be relevant to cognitive scientific explanation has faced two objections advanced, respectively, from both sides of the issue: from the scientific perspective it has been suggested that phenomenology, understood as an account of first-person experience, is ultimately reducible to cognitive neuroscientific explanation; and from a phenomenological perspective it has been argued that phenomenology cannot be naturalized. In this context it makes sense to consider that the notion of scientific reduction is linked to a (...) classic scientific conception of nature. I argue that if properly understood, the proposal to rethink the concept of nature itself, in enactivist phenomenological approaches, undermines the reductionist program and redefines what it means for phenomenology to be naturalized. (shrink)

It has been twenty years since Clark and Chalmers published “The Extended Mind.” In the present article I review the development of the extended mind hypothesis across what some proponents have defined as three theoretical “waves.” From first‐wave extended mind theory, based on the parity principle, to second‐wave complementarity, to the third wave, characterized as an uneasy integration of predictive processing and enactivist dynamics, extended mind theorists have faced and solved a number of problems along the way. The fact that (...) the hypothesis continues to spark debate and to generate both new insights and new objections suggests that it continues to play a productive role in contemporary philosophy of mind. (shrink)

A review of several theories and brain-imaging experiments shows that there is no consensus about how to define the sense of agency. In some cases the sense of agency is construed in terms of bodily movement or motor control, in others it is linked to the intentional aspect of action. For some theorists it is the product of higher-order cognitive processes, for others it is a feature of first-order phenomenal experience. In this article I propose a multiple aspects account of (...) the sense of agency. (shrink)

In the past dozen years a number of theoretical models of schizophrenic symptoms have been proposed, often inspired by advances in the cognitive sciences, and especially cognitive neuroscience. Perhaps the most widely cited and influential of these is the neurocognitive model proposed by Christopher Frith (1992). Frith's influence reaches into psychiatry, neuroscience, and even philosophy. The philosopher John Campbell (1999a), for example, has called Frith's model the most parsimonious explanation of how self-ascriptions of thoughts are subject to errors of identification. (...) "On reflection, it also seems that this is not just one possible theory; it is the simplest theory which has any prospect of explaining the sense of agency, and we ought to work from it, introducing complications only as necessary" (1999a, p. 612). Not everyone agrees. In their recent analysis of alien voices and inserted thoughts in schizophrenia, Stephens and Graham (2000) offer a critique of Frith. Their criticism, however, although serious, is neither deep nor extensive. They outline three points. First, Frith fails to provide an adequate account of why a subject who experiences thought insertion would misattribute that thought to some other agent. Second, Frith does not clarify the distinction between thought insertion and thought influence. And third, Frith fails to explain how a subject can claim both that he is thinking the thought and that the thought is someone else's thought (Stephens and Graham.. (shrink)

Abstract: The notion of a self-pattern, as developed in the pattern theory of self, which holds that the self is best explained in terms of the kind of reality that pertains to a dynamical pattern, acknowledges the importance of neural dynamics, but also expands the account of self to extra-neural (embodied and enactive) dynamics. The pattern theory of self, however, has been criticized for failing to explicate the dynamical relations among elements of the self-pattern; as such, it seems to be (...) nothing more than a mere list of elements. We’ll argue that the dynamics of a self-pattern are reflected in three significant and interrelated ways that allow for investigation. First, a self-pattern is reflectively reiterated in its narrative component. Second, studies of psychiatric or neurological disorders can help us understand the precise nature of the dynamical relations in a self-pattern, and how they can fail. Third, referencing predictive processing accounts, neuroscience can also help to explicate the dynamical relations that constitute the self-pattern. (shrink)

A comprehensive reader on the problem of the self as seen from the viewpoints of philosophy, developmental psychology, robotics, cognitive neuroscience,...

This chapter addresses two questions. First, can phenomenology be naturalized? Second, if so, how? It employs the term ‘phenomenology’, and understands the question in this second sense. At the same time, responses to the question about naturalising consciousness and the question about naturalising phenomenology, in this second sense, are interlaced. Edmund Husserl has been careful about how he defined phenomenology, distinguishing it from a naturalistic enterprise. The Centre de Recherche en Epistémologie Appliquée proposal shows that a sufficiently complex mathematics can (...) help the translation of data from phenomenological and naturalistic realms. Neuroscientists often attract to personal-level practices and phenomenological experiences in establishing their experiments, and in many cases the only way to define the explanadum is in terms of phenomenology. The ‘truth’ of naturalism is not the naturalism which Husserl cautioned against, but a redefined non-reductionist naturalism that correlates with a redefined phenomenology. (shrink)

The full scope of enactivist approaches to cognition includes not only a focus on sensory-motor contingencies and physical affordances for action, but also an emphasis on affective factors of embodiment and intersubjective affordances for social interaction. This strong conception of embodied cognition calls for a new way to think about the role of the brain in the larger system of brain-body-environment. We ask whether recent work on predictive coding offers a way to think about brain function in an enactive system, (...) and we suggest that a positive answer is possible if we interpret predictive coding in a more enactive way, i.e., as involved in the organism’s dynamic adjustments to its environment. (shrink)

In this paper we explore the notion of rehearsal as a way to develop an embodied and enactive account of imagining. After reviewing the neuroscience of motor imagery, we argue, in the context of performance studies, that rehearsal includes forms of imagining that involve motor processes. We draw on Sartre’s phenomenology of imagining which also suggests that imagining involves motor processes. This research in neuroscience and phenomenology, supports the idea of an embodied and enactive account of imagination.

The notion of an enactive system requires thinking about the brain in a way that is different from the standard computational-representational models. In evolutionary terms, the brain does what it does and is the way that it is, across some scale of variations, because it is part of a living body with hands that can reach and grasp in certain limited ways, eyes structured to focus, an autonomic system, an upright posture, etc. coping with specific kinds of environments, and with (...) other people. Changes to any of the bodily, environmental, or intersubjective conditions elicit responses from the system as a whole. On this view, rather than representing or computing information, the brain is better conceived as participating in the action. (shrink)

Clear statements of both extended and enactive conceptions of cognition can be found in John Dewey and other pragmatists. In this paper I'll argue that we can find resources in the pragmatists to address two ongoing debates: in contrast to recent disagreements between proponents of extended vs enactive cognition, pragmatism supports a more integrative view—an enactive conception of extended cognition, and pragmatist views suggest ways to answer the main objections raised against extended and enactive conceptions—specifically objections focused on constitution versus (...) causal factors, and the mark of the mental. (shrink)

The Self and its Disorders develops a philosophical and interdisciplinary approach to the formulation of an “integrative” perspective in psychiatry. In contrast to some integrative approaches that focus on narrow brain-based conceptions, or strictly on symptomology, this book takes its bearings from embodied and enactive conceptions of human experience and builds on a perspective that understands self as a self-pattern—a pattern of processes that include bodily, experiential, affective, cognitive-psychological, reflective, narrative, intersubjective, ecological, and normative factors. It provides a philosophical analysis (...) of the notion of self-pattern, framed in terms of dynamical organization. It then draws on phenomenological, developmental, clinical, and experimental evidence to propose a method for studying the effects of psychopathologies on the self-pattern, and includes discussions of network theory, predictive processing models, and the role of narrative. This book explores the hypothesis that psychiatric disorders are self-disorders, and includes specific discussions of schizophrenia, anxiety disorders, depression, borderline personality disorder, obsessive compulsive disorder and autism spectrum disorder, as well as traumatic effects of torture and solitary confinement. Other topics include diagnostic classification, symptom overlap, and transdiagnostic complexity. Several chapters explore a variety of philosophical issues that relate to therapeutic approaches, including deep brain stimulation, meditation-based interventions, and the use of artificial intelligence and virtual reality. (shrink)

Questions about the nature of self and self-consciousness are closely aligned with questions about the nature of autonomy. These concepts have deep roots in traditional philosophical discussions that concern metaphysics, epistemology and ethics. They also have direct relevance to practical considerations about informed consent in medical contexts. In this paper, with reference to understanding specific side effects of deep brain stimulation treatment in cases of, for example, Parkinson’s Disease, Obsessive Compulsive Disorder, and Major Depressive Disorder, I’ll argue that it is (...) best to frame discussions of informed consent in terms of relational autonomy and a pattern theory of self. (shrink)

This paper argues that self-consciousness and moral agency depend crucially on both embodied and social aspects of human existence, and that the capacity for practical wisdom, phronesis, is central to moral personhood. The nature of practical wisdom is elucidated by drawing on rival analyses of expertise. Although ethical expertise and practical wisdom differ importantly, they are alike in that we can acquire them only in interaction with other persons and through habituation. The analysis of moral agency and practical wisdom is (...) framed by Dennett's proposal that moral personhood requires satisfaction of six conditions, including self-consciousness. (shrink)

In this paper we consider the importance of trust, in the context of economic institutions, and specifically with respect to questions about market mechanisms and the role of social interactions. We review recent advances in institutional economics closely tied to developments in philosophy of mind and cognitive science, involving extended and enactive cognition. We argue that the analysis of different conceptions of institutional mind extension, in Denzau and North’s shared mental models, Clark’s extended mind, and a more enactive approach that (...) emphasizes the importance of social interaction and personal relationships, can benefit from Kathrine Hawley’s distinction between reliability and trust. Institutional arrangements based solely on the reliability of impersonal mechanisms can lead to a variety of social pathologies and, at the extreme, a form of cognitive atrophy, all of which can undermine the sustainability of institutions. Even if trust comes with risks and some degree of unpredictability, it turns out to be a necessary glue-like ingredient in the constitution of social institutions. (shrink)

Recent significant research in a number of disciplines centers around the concept of the sense of agency. Because many of these studies cut across disciplinary lines there is good reason to seek a clear consensus on what ‘sense of agency’ means. In this paper I indicate some complexities that this consensus might have to deal with. I also highlight an important phenomenological distinction that needs to be considered in any discussion of the sense of agency, regardless of how it gets (...) defined, and I offer some critical comments on some current models tied to the notion that the sense of agency has an ambiguous phenomenology. (shrink)

In his article ‘Folk Psychological and Phenomenological Accounts of Social Perception’ (this issue), Mitchell Herschbach raises some critical questions concerning our phenomenological approach to intersubjectivity. We welcome Herschbach's comments in the spirit of constructive criticism, but also think that he has missed some crucial aspects of our argumentation. We take this opportunity to amplify and clarify our views.

Can scientific evidence outstretch what scientists have mentally entertained, or could ever entertain? This article focuses on the plausibility and consequences of an affirmative answer in a special case. Specifically, it discusses how we may treat automated scientific data-gathering systems—especially AI systems used to make predictions or to generate novel theories—from the point of view of confirmation theory. It uses AlphaFold2 as a case study.

I trace back the relation between phenomenology and pragmatism from contemporary discussions about a pragmatic turn in embodied-enactive cognitive science to the earliest associations between the phenomenologies of Husserl and Peirce. I argue against the claim that there has been a pragmatic turn per se in either phenomenology or cognitive science. Pragmatism, and a form of phenomenological pragmatism had already been informing debates in cognitive science from the very beginning. On the one hand, the recent phenomenological and pragmatic emphases in (...) embodied-enactive cognitive science represent more of a phenomenological turn in cognitive science than a pragmatic turn. On the other hand, since various versions of phenomenology were already operating in cognitive science, even if they were operating in opposition to the establishment view, embodied-enactive views do not involve a phenomenological turn. It may be better to say that such views continue and build upon the phenomenology and pragmatism that had been informing ongoing debates in the study of the mind. Not only can we trace a close connection between phenomenology and pragmatism all the way back to the beginnings of these philosophical approaches, they continue to operate in a dialectical fashion throughout their history. (shrink)

Hermeneutics is usually defined as the theory and practice of interpretation. As a discipline it involves a long and complex history, starting with concerns about the proper interpretation of literary, sacred, and legal texts. In the twentieth century, hermeneutics broadens to include the idea that humans are, in Charles Taylor’s phrase, ‘self-interpreting animals’ (Taylor, 1985). In contrast to the narrowly prescriptive questions of textual interpretation, philosophical hermeneutics, as developed by thinkers like Heidegger, Gadamer, and Ricoeur, raises questions about the conditions (...) of possibility for human understanding — not how we should interpret or understand something, but what interpretation and understanding are and how they work. For the nineteenth-century philosopher Wilhelm Dilthey, the hermeneutical disciplines were very different from the disciplines of science, including the newly emerging science of psychology. In contrast to psychology, which, in part, attempts to explain the natural behaviour of human animals in causal terms, Dilthey (1926) thinks of the hermeneutical disciplines as attempting to under- stand the behaviour of human persons in terms of their experience and inner motivation. Inner life is not composed of a series of mechanistic starts and stops, but is woven together into a continuity (Zusammenhang) that has a structure, by.. (shrink)

This paper attempts a philosophically rigorous interpretation of H.C. Andersen’s tales. Through a radically conceived sentimentality – the unmediated juxtaposition of the abjection of things, conceived as a paradoxical “desire for desire” having no place in the world, with a cruel, apathetic gaze – Andersen challenges the existence of the soul or subjectivity as what, by combining the theoretical gaze with contemplative pleasure, grants coherence to experience. Thus undermining not only Romantic self-reflection, and its suturing of philosophy to criticism, but (...) Plato’s erotic psychology, Andersen inaugurates a new philosophical literature: a writing for children cultivating an openness. (shrink)

In recent years there has been some hard-won but still limited agreement that phenomenology may be of central importance to the cognitive sciences. This realization comes in the wake of dismissive gestures made by philosophers of mind like Dennett (1991), who mistakenly associates phenomenological method with the worst forms of introspection. For very different reasons, resistance can also be found on the phenomenological side of this issue. There are many thinkers well versed in the Husserlian tradition who do not even (...) want to consider the usefulness of phenomenology for enlightening the sciences of the mind. For them cognitive science is simply too computational or too reductionistic to be seriously considered as capable of explaining experience or consciousness. [1] This is surprising in light of the fact that a highly respected phenomenologist like Merleau-Ponty was integrating phenomenological analyses with considerations drawn from the empirical sciences of psychology and neurology long before cognitive science was constructed as a framework to include just those aspects of psychology and neurology that focus on cognitive experience. Merleau-Ponty aside, philosophers on both sides of this issue have only gradually come to acknowledge the possibility that phenomenology may be directly relevant for a scientific understanding of cognition. Sometimes the empirical scientists themselves have arrived at this conclusion even before, and in spite of the philosophers. Francisco Varela's work on neurophenomenology provides an important example (Varela, 1996). Even the hardest of hard scientists have made peace offerings to phenomenology. Recently, for example, the neuroscientist Jean-Pierre Changeux declares that his purpose "is not to go to war against phenomenology; to the contrary, [he wants] to see what constructive contribution it can make to our knowledge of the psyche, acting in concert with the neurosciences" (Changeux and Ricoeur, 2000, p. 85). (shrink)

Twentieth century continental thinkers such as Bergson, Levinas and Jonas have brought fresh and renewed attentions to Jewish ethics, yet it still remains fairly low profile in the Anglophone academic world. This collection of critical essays brings together the work of established and up-and-coming scholars from Israel, the United States, and around the world on the topic of Jewish religious and philosophical ethics. The chapters are broken into three main sections - Rabbinics, Philosophy, and Contemporary Challenges. The authors address, using (...) a variety of research strategies, the work of both major and lesser-known figures in historical Jewish religious and philosophical traditions. The book discusses a wide variety of topics related to Jewish ethics, including "ethics and the Mishnah," "Afro Jewish ethics," "Jewish historiographical ethics," as well as the conceptual/philosophical foundations of the law and virtues in the work of Martin Buber, Hermann Cohen, and Baruch Spinoza.The volume closes with four contributions on present-day frontiers in Jewish ethics. As the first book to focus on the nature, scope and ramifications of the Jewish ethics at work in religious and philosophical contexts, this book will be of great interest to anyone studying Jewish Studies, Philosophy and Religion. (shrink)

For liberal political philosophers the notion of ?reasonableness? has provided a moral and legal standard for judging the acceptability and, by extension, legitimacy of government behaviour. In order for a government directive to constitute a legitimate obligation on citizens, it must be compatible with the dictates of reason and treat all citizens in a reasonable manner. Arguably, such an approach achieves its most powerful presentation (to date, at least) in the theories of ?political? liberals, who typically assert that reasonableness must (...) be the ?final court of appeal? in relation to decisions concerning matters of public import ? i.e., those that place demands upon all citizens of the polity. According to political liberals, only by adopting and maintaining a governance framework that assigns primacy to reasonableness is it possible to obtain and preserve the desired protection against the abuse of political power. The purpose of this essay is to offer a brief review of the ?reasonableness? paradigm promoted by political liberals (in particular), and in the course of doing so, identify and assess a number of difficulties that would seem to undermine its ability to achieve its stated goal. (shrink)

With the 1985 publication of "Justice as Fairness: Political not Metaphysical" , John Rawls ushered in a newera in political philosophy. In JAF Rawls provided the first detailed articulation of his conception of"political liberalism"—a concept and a term that would soon thereafter become familiar features of contemporarypolitical theory. In the wake of this development, theorists did more than simply analyse Rawls’ provocative, newpropositions; a few also began to develop and articulate their own conceptions of political liberalism. One suchindividual was Charles (...) Larmore. Of those theorists who have joined Rawls in his effort to develop and promote theconcept of political liberalism, none has been more dedicated to the endeavour than Larmore.Beginning most notably with his Patterns of Moral Complexity and continuing through to his 1999 article entitled"The Moral Basis of Political Liberalism," Larmore has sought to articulate a feasible conception of politicalliberalism and in the course of so doing explain the benefits and necessity of its adoption. Not surprisingly, there hasbeen a substantial degree of convergence between Larmore’s and Rawls’ arguments. While both Larmore and Rawlsreadily acknowledge the similarities between their conceptions, Larmore also, understandably, believes that there areimportant differences between the two. In turn, Larmore argues that these differences enable him to betterdemonstrate the appropriateness and necessity of political liberalism, and thereby more effectively than Rawlsjustify the claim that the concept of political liberalism offers the "best" foundation for a conception of justice formodern liberal democracies. The purpose of this essay is to review the principal features of Larmore’s conception ofpolitical liberalism and note some important similarities and purported differences between it and Rawls’conception. Completing this exercise will not only reveal the extent to which the two conceptions mimic each other, but also show that, when examined closely, the differences cited by Larmore are in fact cosmetic in character and insignificant in their effect. (shrink)

Since its debut in 1964, Jeopardy! has been one of America's favorite and longest-running daytime quiz shows. It turns the question-answer format of traditional quiz shows on its head and requires contestants to pose correct questions to answers in selected categories. While mining information and facts from Alchemy to Zoology, Jeopardy!, is a uniquely intellectual, erudite, and challenging daytime television program. Far beyond entertaining its fans with nail-biting contests of knowledge, memory, and speed, it all but requires them to participate. (...) Few people watch Jeopardy! without pressing an invisible button and blurting out questions to their TV screen. Because of this personal and intellectual investment, most Jeopardy! fans are devout. Watching the show is valued as a daily ritual in which genuine intellectual skill and encyclopedic knowledge are not only respected and placed in the spotlight, but also rewarded with national prestige and prize winnings. Champion Ken Jennings has won over three million dollars and remained champion seventy-four times. For those who embrace Jeopardy! as an intellectual oasis in the arid desert of popular culture, it is the geeks who shall inherit the earth. Jeopardy!'s celebration of intellect and forward-thinking is well recognized throughout popular culture and among all age groups. Ken Jennings, Chuck Forrest, and other all-time champions are near celebrities, while the show itself regularly reaches out through special tournaments to different segments of American culture, such as actors and musicians, high-school and college students and senior citizens. Still, despite its widespread respect and, some might complain, smug self-respect, neither the show nor its fans take themselves too seriously. Jokes about host Alex Trebek's hair and famous parodies of Jeopardy! on Saturday Night Live are as familiar as Weird Al Yankovic's MTV-mainstay "I Lost on Jeopardy!" : Don't know what I was thinkin' of, I guess I just wasn't too bright. Well, I sure hope I do better Next weekend on The Price Is Right. (shrink)

Difficult questions regarding the so-called limits of toleration or accommodation are inevitable in today’s diverse, immigration societies. Such questions cannot be satisfactorily answered through simple assertions of the majority’s will or by retreating to a defense of ‘core liberal values.’ Rather, dealing with the challenges of diversity in a manner consistent with liberal-democratic principles requires that decision-making concerning the terms of collective life be informed by sincere and respectful deliberation. But how and where do we go about engaging in such (...) deliberation? This essay suggests that the courts seem to offer an arena that is more conducive than other traditional democratic institutions in terms of enabling the type of dialogue and analysis essential to realizing meaningful deliberation. Paradoxically, then, the judicialization of politics can be understood to be an ally, not an enemy, of meaningful deliberation in diverse democracies. (shrink)