Pablo Gilabert

The aim of this paper is to propose a model for understanding the relation between substance and procedure in discourse ethics and deliberative democracy capable of answering the common charge that they involve an ‘empty formalism’. The expressive-elaboration model introduced here answers this concern by arguing that the deliberative practical rationality presupposed by discourse ethics and deliberative democracy involves the creation of a practical medium in which certain general basic ideas of solidarity, equality and freedom are expressed and elaborated in the context of widespread moral disagreement. In the course of this paper I propose an elucidation of these ideas and argue for the thesis that they are internally related to the endorsement of deliberative practical rationality. The three basic substantive ideas contribute to the determination of the existence, the form, the topics and intended outcomes, and the effects of the practice of public deliberation. This amounts to an elucidatory defense of deliberative practical rationality by explicating its substantive significance or point. Key Words: critical theory • deliberative democracy • discourse ethics • equality • freedom • Jürgen Habermas • practical reason • John Rawls • solidarity • substance and procedure.

Is democracy a human right? There is a growing consensus within international legal and political practice that the answer is “Yes.” However, some philosophers doubt that we should see democracy as a human right. In this paper I respond to the most systematic challenge presented so far, which was recently offered by Joshua Cohen. His challenge is directed to the view that democracy is a human right, not to the view that democracy is part of what justice demands. It is instructive because it forces us to consider important questions about the nature and justification of human rights, including the putative human right to democracy. There is a tendency to see every claim of justice as a human right, and Cohen presses us to face the risk that this slip may occur in the case of democracy. Thus my aim is not simply to refute Cohen’s arguments but to engage the questions he forcefully and helpfully puts on the table. I start in section 2 by analyzing Cohen’s account of human rights. In section 3 I defend the human right to democracy against his challenge. I conclude in section 4 by articulating some reasons for the claim that democracy is a human right that mobilize and elaborate on some of Cohen’s own key premises.

This essay explores the relation between two perspectives on the nature of human rights. According to the "political" or "practical" perspective, human rights are claims that individuals have against certain institutional structures, in particular modern states, in virtue of interests they have in contexts that include them. According to the more traditional "humanist" or "naturalistic" perspective, human rights are pre-institutional claims that individuals have against all other individuals in virtue of interests characteristic of their common humanity. This essay argues that once we identify the two perspectives in their best light, we can see that they are complementary and that in fact we need both to make good normative sense of the contemporary practice of human rights. It explains how humanist and political considerations can and should work in tandem to account for the concept, content, and justification of human rights.

Human rights are particularly relevant in contexts in which there are significant asymmetries of power, but where these asymmetries exist the human rights project turns out to be especially difficult to realize. The stronger can use their disproportionate power both to threaten others’ human rights and to frustrate attempts to secure their fulfillment. They may even monopolize the international discussion as to what human rights are and how they should be implemented. This paper explores this tension between the normative ideal of human rights and the facts of asymmetric power. It has two objectives. The first, pursued in section 2, is to reconstruct and assess a set of important power-related worries about human rights. These worries are sometimes presented as falsifying the view that human rights exist, or at least as warranting the abandonment of human rights practice. The paper argues that the worries do not support such conclusions. Instead, they motivate the identification of certain desiderata for the amelioration of human rights practice. The paper proceeds to articulate twelve such desiderata. The second objective, pursued in section 3, is to propose a strategy for satisfying the desiderata identified in the previous section. In particular, the paper suggests some ways to build empowerment into the human rights project that reduce the absolute and relative powerlessness of human rights holders, while also identifying an ethics of responsibility and solidarity for contexts in which power asymmetries will not dissolve. Power analysis does not debunk the human rights project. Properly articulated, it is an important tool for those pursuing it.

In World Poverty and Human Rights, Thomas Pogge argues that the global rich have a duty to eradicate severe poverty in the world. The novelty of Pogges approach is to present this demand as stemming from basic commands which are negative rather than positive in nature: the global rich have an obligation to eradicate the radical poverty of the global poor not because of a norm of beneficence asking them to help those in need when they can at little cost to themselves, but because of their having violated a principle of justice not to unduly harm others by imposing on them a coercive global order that makes their access to the objects of their human right to subsistence insecure. In this paper, I claim that although Pogge is right in arguing that negative duties are crucial in an account of global justice, he is wrong in saying that they are the only ones that are crucial. Harming the global poor by causing their poverty provides a sufficient but not a necessary condition for the global rich to have a duty of justice to assist them. After engaging in a critical analysis of Pogges argument, I conclude by suggesting the need for a robust conception of cosmopolitan solidarity that includes positive duties of assistance which are not mere duties of charity, but enforceable ones of justice.

The current legal and political practice of human rights invokes entitlements to freely chosen work, to decent working conditions, and to form and join labor unions. Despite the importance of these rights, they remain under-explored in the philosophical literature on human rights. This article offers a systematic and constructive discussion of them. First, it surveys the content and current relevance of the labor rights stated in the most important documents of the human rights practice. Second, it gives a moral defense of these rights arguing that their support involves an appropriate response to important human interests and to the human dignity of workers. Finally, it explores central normative issues about the relation between labor rights and human dignity. It responds to some objections about the importance of work, explains why labor human rights may not exhaust the demands of dignity regarding labor and arbitrates a common tension between independence and solidarity within our practical affirmation of human dignity.

This paper offers an exploration of the socialist principle “From each according to their abilities, to each according to their needs.” The Abilities/Needs Principle is arguably the ethical heart of socialism but, surprisingly, has received almost no attention by political philosophers. I propose an interpretation of the principle and argue that it involves appealing ideas of solidarity, fair reciprocity, recognition of individual differences, and meaningful work. The paper proceeds as follows. First, I analyze Marx’s formulation of the Abilities/Needs Principle. Second, I identify the principle’s initial plausibility, but show that it faces serious problems that cannot be addressed without developing a fresh interpretation of it. Third, I provide an interpretation of the principle that highlights demands concerning opportunities for self-realization in work, positive duties of solidarity, sensitivity to individual differences, and mechanisms of fair reciprocity. Fourth, I discuss a possible institutional implementation of the Abilities/Needs Principle. Finally, I identify some normative puzzles about the transition from capitalism to socialism, and suggest how the Abilities/Needs Principle might gain motivational traction by mobilizing the powerful idea of human dignity.

A central concern of Joseph Heath's Communicative Action and Rational Choice is to find a plausible response to “the problem of convergence … to explain why we should ever expect to secure agreement on moral questions”. In Chapter 7 of his book, Heath proposes what he calls “a pragmatic theory of convergence.” This account is presented as contrasting with the one proposed by Jürgen Habermas, which emphasizes the existence of an internal relation between convergence and moral truth. According to Habermas, there is a “connection … between moral cognitivism and the expectation of convergence”. One cannot take moral judgements to be amenable to rational justification unless one also assumes that an agreement among those participating in the discursive evaluation of that moral judgement is possible in principle. Heath considers this claim about a supposed internal connection as a remnant of foundationalism in Habermas's otherwise promissory contextualist account of moral justification. To reject non-cognitivism, according to Heath, we need not demonstrate that convergence on moral judgement is always forthcoming. It is enough to show that ordinary moral thinking takes moral claims as amenable to discursive justification. As to whether actual practices of discursive justification of moral claims will indeed end in agreement or convergence, a “wait and see” attitude seems all we can legitimately hope for.