Alessandro Ferrara

_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.

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.

The present volume provides a bioethical and legal-philosophical inquiry into three of the most ethically controversial and politically sensitive domains of contemporary biolaw: surrogacy, end-of-life decisions, and medical triage. The book’s approach transcends mere description or comparison, delving into the ethical and philosophical dimensions required to adopt a normative framework for evaluating the management of human life at its biological thresholds: birth and death. Within the central chapters, the text follows a consistent thread: through a legal-philosophical perspective, it examines whether the choices of giving life through surrogacy, ending life, and allocating medical resources in contexts of scarcity can be considered ethically admissible while investigating whether normative structures exist that are capable of guiding human action and upholding autonomy, equality, justice, and human dignity. Written in clear and accessible language, this book provides conceptual clarity and critical reflection for scholars and practitioners in bioethics, biolaw, philosophy of law, and health policy.

_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.

The paper comprehensively responds to critical comments by F. Michelman, D. Rasmussen, J. van der Walt, S. Winter, P. Niesen, and B. Schupmann on Sovereignty Across Generations. Constituent Power and Political Liberalism. The themes debated include: whether Rawls’s dualist view of democracy, including his idea of legitimation by constitution, intimates or calls for a concretistic view of a subject of constituent power as creator of the constitutional order (Michelman); the relation of the normative to the historical in political liberalism and whether Plato’s allegory of the cave is helpful for elucidating the meaning of the ‘most reasonable for us’ (Rasmussen); Rawls’s stance vis-à-vis the unbridgeable divisiveness of pluralism, the virtuality of overlapping consensus, and the dissolution of constituent power into a panoply of constituent powers (Van der Walt); democratic sequential sovereignty contrasted with serial sovereignty, the sensibleness of distinguishing legal principles from the cognitive assumptions undergirding their application, the justification of sequential sovereignty, and the nexus of vertical reciprocity and freedom across generations (Winter); the implications of the gap between ‘the people’ and the population for constitutional legitimacy, and the distinct prospects for a Habermasian and a political liberal conception of constituent power to be applicable at a supranational level (Niesen); the cogency and effectiveness of ‘implicit unamendability’ for safeguarding constitutional essentials compared with entrenching them via eternity clauses, the extent to which measures of militant democracy are compatible with political liberalism (Schupmann).

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.

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?

Philosophy & Social Criticism, Volume 48, Issue 3, Page 313-332, March 2022. This article discusses Jürgen Habermas’s latest book Auch eine Geschichte der Philosophie from the specific angle of what the section on Rawls indicates about the overall philosophical project pursued by Habermas. This tiny element within the imposing architecture reveals a structural problem that affects Habermas’s program for a detranscendentalization of reason. After a general premise, Habermas’s appraisal of Rawls’s work is reconstructed and critically examined. Then, in the guise of a Rawlsian rejoinder, a problematic understanding of pluralism is shown to undergird Habermas’s overlooking of the ground-breaking potential of the normativity of ‘the reasonable’ and ‘the most reasonable’. Finally, this neglect is argued to be indicative of a deeper lacuna: namely, a missing confrontation with Wittgenstein’s rival path to a postmetaphysical, intersubjective, detranscentendalized reason. That lacuna, finally, invites a closer scrutiny of the overall genealogical picture and its central opposition between two pathways to the postmetaphysicization of reason.

Against pronouncements of the recent demise of both democracy and the political, I maintain that there is, rather, something amiss with the process of politicization in which social grievances are translated into matters of political concern and become objects of policy-making. I therefore propose to seek an antidote to the de-politicizing tendencies of our age by reanimating the mechanism that transmits social conflicts and grievances into politics. To that purpose, I formulate the notion of a ‘fundamental right to politics’ as the opposite of the techne of policy-making. I articulate this right via a reconstruction of the logical presuppositions of democracy as collective self-authorship. I then recast the concept of non-domination by discerning two trajectories of domination – ‘relational’ and ‘systemic’ ones, to argue that in a viable democracy that makes full use of the right to politics, the dynamics of politicization should take place along both trajectories; currently, however, matters of systemic injustice get translated in relational terms and politicized as concerns for inclusion into and distribution within the existing system of social relations, rather than its radical overhaul

This article problematizes the republican reliance on contemporary ‘states as they are’ as protectors and guarantors of the republican notion of freedom as non-domination. While the principle of freedom as non-domination constitutes an advance over the liberal principle of freedom as non-interference, its reliance on the national, territorial, legal-technical and extra-economic contemporary state prevents the theoretical uncovering of its full potential. The article argues that to make the most of the principle of freedom as non-domination, a strong Athenian element is required. The democratic confederalist project that is being experimented with by Syrian Kurds in the cantons of Rojava, it is maintained, can contribute theoretically and practically to this republican ideal through its democratic and participatory mechanisms, despite fundamental challenges it has to face

The argument that sectarian conflicts in the Arab Middle East have been persistent since time immemorial is erroneous. While these views may seem compelling with the rise of ISIL, they are in fact very dangerous: they downgrade Islamic societies to primordial, selective and static features. I will argue for a different set of propositions. First, violence is not unique to Islamic societies. Extreme illiberal ideologies prevailed in Christian Europe both during the Thirty Years War and during the fascist interwar period. Second, Islamist belligerence was partly a response to the ill-effects of globalization, just as European fascist movements were exacerbated by the advance of industrial capitalism in Europe. Third, post-Second World War human rights efforts may inform new paths beyond the tragedies that continue to plague the Middle East

The aim of this article is to identify the main factors of the current crisis of the nation-state and to demonstrate how many of the voids left by this crisis are filled by religions. The main characteristic of the nation-state is the principle of sovereignty. The apogee of the nation-state is the political form of industrialization. National identity is possible only when the state proves to its citizens that the fact of being a member of it carries benefits and privileges and will always bring more. Today, the majority of nation-states, in particular the oldest great powers, no longer have this capability. The weakening of the nation-state began at the end of the 19th century. The first wave of globalization multiplied the cases of reciprocal interferences and trespassed on the theoretical impermeability of the sovereign states. The outcome of the First World War, with the creation of the first supranational body, and much more the outcome of the Second World War, were two important steps of this crisis. The birth of the United Nations, and of other supranational bodies, as well as the creation of the first court called to judge an entire political class, were an assault on the principle of sovereignty. The second wave of globalization, characterized by the free circulation of goods, money, people and cultures, did the rest. Moreover, the countries that ‘invented’ the principle of sovereignty are today in relative decline as new powers are emerging. The nation-state is no longer able to keep its promises. The less effective states become at offering their citizens both meaning and social services, the more do religions tend to reoccupy the public stage. The less national and political legitimacy they have, the more powers use the religious tool against one another