Although Gallie's term is widely used to denote imprecise use of technical terminology, it has a far more specific application; although the notion could be misleadingly and evasively used to justify "agreeing to disagree",12 the term offers something more valuable:
The disputes that attend an essentially contested concept are driven by substantive disagreements over a range of different, entirely reasonable (although perhaps mistaken) interpretations of a mutually-agreed-upon archetypical notion, such as the legal precept "treat like cases alike; and treat different cases differently", with "each party [continuing] to defend its case with what it claims to be convincing arguments, evidence and other forms of justification".14
Gallie speaks of how "This picture is painted in oils" can be successfully contested if the work is actually painted in tempera;15 while "This picture is a work of art" may meet strong opposition due to disputes over what "work of art" denotes. He suggests three avenues whereby one might resolve such disputes:
Otherwise, the dispute probably centres on polysemy.16 Here, a number of critical questions must be asked:
Barry Clarke suggested that, in order to determine whether a particular dispute was a consequence of true polysemy or inadvertent homonymy, one should seek to "locate the source of the dispute"; and in doing so, one might find that the source was "within the concept itself", or "[within] some underlying non-conceptual disagreement between the contestants".18
Clarke drew attention to the substantial differences between the expressions "essentially contested" and "essentially contestable", that were being extensively used within the literature as if they were interchangeable.
Clarke argued that to state that a concept is merely "contested" is to "attribute significance to the contest rather than to the concept". Yet, to state that a concept is "contestable" (rather than "merely contested") is to "attribute some part of any contest to the concept"; namely, "to claim that some feature or property of the concept makes it polysemantic, and that [from this] the concept contains some internal conflict of ideas"; and it's this state of affairs that provides the "essentially contestable concept" with its "inherent potential [for] generating disputes".19
In 1956 Gallie proposed a set of seven conditions for the existence of an essentially contested concept.20 Gallie was very specific about the limits of his enterprise: it dealt exclusively with abstract, qualitative notions, such as art, religion, science, democracy, and social justice21 (and, if Gallie's choices are contrasted with negatively regarded concepts such as evil, disease, superstition, etc., it is clear that the concepts he chose were exclusively positively regarded).
Freeden remarks that "not all essentially contested concepts signify valued achievements; they may equally signify disapproved and denigrated phenomena,"22 and Gerring23 asks us to imagine just how difficult it would be to "[try] to craft definitions of slavery, fascism, terrorism, or genocide without recourse to 'pejorative' attributes."
These features distinguish Gallie's "essentially contested concepts" from others, "which can be shown, as a result of analysis or experiment, to be radically confused";24 or, as Gray25 would have it, they are the features that relate to the task of distinguishing the "general words, which really denote an essentially contested concept" from those other "general words, whose uses conceal a diversity of distinguishable concepts."
The following are extensions of Gallie's original seven features that have been made by various scholars from across multiple disciplines:
Scholars such as H. L. A. Hart, John Rawls, Ronald Dworkin, and Steven Lukes have variously embellished Gallie's proposal by arguing that certain of the difficulties encountered with Gallie's proposition may be due to the unintended conflation of two separate domains associated with the term concept:
In essence, Hart (1961), Rawls (1971), Dworkin (1972), and Lukes (1974) distinguished between the "unity" of a notion and the "multiplicity" of its possible instantiations. From their work it is easy to understand the issue as one of determining whether there is a single notion that has a number of different instantiations, or whether there is more than one notion, each of which is reflected in a different usage.
In a section of his 1972 article in The New York Review of Books, Dworkin used the example of "fairness" to isolate and elaborate the difference between a concept (suum cuique) and its conception (various instantiations, for example utilitarian ethics).38
He supposes that he has instructed his children not to treat others "unfairly" and asks us to recognize that, whilst he would have undoubtedly had particular "examples" (of the sorts of conduct he was intending to discourage) in mind at the time he spoke to his children, whatever it was that he meant when he issued such instructions was not confined to those "examples" alone, for two reasons:
Dworkin argues that this admission of error would not entail any "change" to his original instructions, because the true meaning of his instructions was that "[he] meant the family to be guided by the concept of fairness, not by any specific conception of fairness [that he] might have had in mind". Therefore, he argues, his instructions do, in fact, "cover" this new case.
Exploring what he considers to be the "crucial distinction" between the overall concept of "fairness" and some particular, and specific conception of "fairness", he asks us to imagine a group whose members share the view that certain acts are unfair.39 The members of this group "agree on a great number of standard cases of unfairness and use these as benchmarks against which to test other, more controversial cases". In these circumstances, says Dworkin, "the group has a concept of unfairness, and its members may appeal to that concept in moral instruction or argument."40 However, the members may still disagree over many of these "controversial cases"; and differences of this sort indicate that members have, or act upon, entirely different theories of why and how each of the "standard cases" are, in fact, genuine acts of "unfairness". And, because each considers that certain principles "[which] must be relied upon to show that a particular division or attribution is unfair" are more "fundamental" than certain other principles, it can be said that members of the group have different conceptions of "fairness".
Consequently, those responsible for giving "instructions", and those responsible for setting "standards" of "fairness", in this community may be doing one of two things:
It is important to recognize that rather than it just being a case of delivering two different instructions; it is a case of delivering two different kinds of instruction:
As a consequence, according to Dworkin, whenever an appeal is made to "fairness", a moral issue is raised; and, whenever a conception of "fairness" is laid down, an attempt is being made to answer that moral issue.
Whilst Gallie's expression "essentially contested concepts" precisely denotes those "essentially questionable and corrigible concepts" which "are permanently and essentially subject to revision and question",43 close examination of the wide and varied and imprecise applications of Gallie's term subsequent to 1956, by those who have ascribed their own literal meaning to Gallie's term without ever consulting Gallie's work, have led many philosophers to conclude that "essentially disputed concepts" would have been far better choice for Gallie's meaning, for at least three reasons:
Jeremy Waldron's research has revealed that Gallie's notion has "run wild" in the law review literature over the ensuing 60 years and is, now, being widely used to denote something like "very hotly contested, with no resolution in sight",47 due to an entirely mistaken view48 that the essential in Gallie's term is an "intensifier", when, in fact, "[Gallie's] term 'essential' refers to the location of the disagreement or indeterminacy; it is contestation at the core, not just at the borderlines or penumbra of a concept".49 Yet, according to Gallie, is also clear that:
They are "evaluative" in the sense that they deliver some sort of "value-judgement". ↩
Daly (2012) ↩
Dowding, Keith (February 2011). "Essentially Contested Concept". In Dowding, Keith (ed.). Encyclopedia of Power. Sage Reference. Los Angeles: SAGE (published 2011). pp. 221–222. ISBN 9781412927482. Retrieved 12 November 2021. Power is often described as an essentially contested concept. That term was first introduced into political theory in 1958 by [...] Gallie, who applies it to various subject-terms including power. 9781412927482 ↩
Gallie, W.B. (March 1956). "Essentially Contested Concepts" (PDF). Meeting of the Aristotelian Society. https://cooperism.law.columbia.edu/files/2023/12/Gallie-Essentially-Contested-Concepts-1955-CL.pdf ↩
Published immediately as Gallie (1956a); a later, slightly altered version appears in Gallie (1964). ↩
Hart (1961, p. 156) speaks of "a uniform or constant feature", and "a shifting or varying criterion used in determining when, for any given purposes, cases are alike or different". ↩
Gallie (1956a), p. 169. The dispute is about the proper use of the concept; and all argue that the concept is being "used inappropriately" by others (Smith, 2002, p. 332). ↩
Gray (1977), p. 344. ↩
Collier, David; Daniel Hidalgo, Fernando; Olivia Maciuceanu, Andra (October 2006). "Essentially contested concepts: Debates and applications". Journal of Political Ideologies. 11 (3): 211–246. doi:10.1080/13569310600923782. /wiki/Doi_(identifier) ↩
McCullagh, C. Behan (2000). "Bias in Historical Description, Interpretation, and Explanation". History and Theory. 39 (1): 47. doi:10.1111/0018-2656.00112. ISSN 0018-2656. JSTOR 2677997. W. B. Gallie argued that some concepts in history are "essentially contested," namely "religion," "art," "science," "democracy," and "social justice." These are concepts for which "there is no one use of any of them which can be set up as its generally accepted and therefore correct or standard use. When historians write the history of these subjects, they must choose an interpretation of the subject to guide them. For instance, in deciding what Art is, historians can choose between "configurationist theories, theories of aesthetic contemplation and response .. ., theories of art as expression, theories emphasizing traditional artistic aims and standards, and communication theories. https://www.jstor.org/stable/2677997 ↩
A statement that, in essence, is usually nothing more than a simple observation that the apparent dispute it is simply a consequence of the same label being applied to different referents. ↩
Rhodes (2000), p. 1. ↩
Gallie (1956a) p. 168. ↩
Gallie (1956a), p. 167. ↩
The embedded meaning of the term polysemy is that the polysemous word’s meanings have multiplied over time (in the sense of its original meaning being extended). When discussing finance, "bank" is an essentially contested concept; because the discussion involves establishing the "correct" application, meaning or interpretation of this polysemous term. In a different dispute over banks, where one speaks of financial institutions and the other of riparian zones, it is obvious that two homonyms have been confused. /wiki/Polysemy ↩
Which is "a conflict between truth and error" (Garver, 1990, p. 259) ↩
Clarke (1979), p. 123. ↩
Clarke (1979), p. 124. ↩
See Gallie (1956a). ↩
Gallie (1956a), passim. Kekes (1977, p. 71) offers art, morality, logic, the novel, nature, rationality, democracy, culture, science, and philosophy as another set of examples of "concepts" that are essentially contested. ↩
Freeden (1998), p. 56. ↩
Gerring (1999), p. 385. ↩
Gallie (1956a), p. 180. ↩
Gray (1977), p. 337. ↩
Baldwin stresses that whilst "not all value judgements are appraisive", "[any act of] appraisal presupposes an accepted set of criteria" (Baldwin (1997), p. 10. ↩
For this reason, Benn and Gaus (1983, pp. 3-5) advocate using the term "complex-structured concepts". ↩
Mason (1990), p. 96. ↩
Gallie cites "democracy" an example of a concept being "open" in its character: "Politics being the art of the possible, democratic targets will be raised or lowered as circumstances alter, and democratic achievements are always judged in the light of such alterations" (Gallie, 1956a, p. 186, emphasis added). ↩
Because, in the absence of this condition, it is possible that experience could establish one instantiation as "universally more acceptable than another" (Gallie, 1956a, p. 174). ↩
Swanton (1985), p. 815. ↩
Mason (1990), p. 85. ↩
For, otherwise, it would only be, at best, an essentially "contestable" concept. ↩
Connolly (1974, p. 40) expressed the view that once the participants in a particular political dispute realized that the concept was an essentially contested concept, the ensuing political discussions would be far more "enlightened" (Connolly, 1974, p. 40). ↩
All from Gallie (1956a), p. 169. ↩
This agreement is a pre-requisite for the argument, it is not a consequence of the argument. See McKnight (2003), p. 261; and Perry (1977), p. 25. In an attempt to account for cases where disputants trace their individual notions back to entirely different, but mutually compatible exemplars, Connolly (1974, p. 14) proposes that we think of the shared exemplar as a "cluster concept". ↩
The concept/conception terminology seems to originate with Gallie's (1956a) own comment that, whilst they might still continue to employ the contested concept, the "different teams [could] come to hold… very different conceptions of how the game should be played" (p. 176, emphasis added). ↩
Dworkin (1972), pp. 27-28 (an almost identical passage appears at Dworkin, 1972, pp. 134-135). The four-paragraph passage is in Section II of the article [1]. It commences with "But the theory of… " and ends with "…I try to answer it ". http://www.nybooks.com/articles/10204 ↩
These unfair acts involve either "a wrongful division of benefits and burdens, or a wrongful attribution of praise or blame". ↩
Emphasis added to original. ↩
He notes that this does not "[grant] them a discretion to act as they like"; but, from the fact that "it assumes that one conception is superior to another", it is clear that "it sets a standard they must try — and may fail — to meet". ↩
Thus, we could say, there is a demand for orthopraxy (the correctness of action), not for orthodoxy (the correctness of thought). /wiki/Orthopraxy ↩
Hampshire (1965), p. 230. ↩
See Waldron (2002). ↩
There seems to be a radical fault in the very notion of a contest that can not by its nature be won or lost. (Gray, 1999, p. 96) ↩
Gray (1999), p. 96. ↩
Waldron (2002, p. 149) found that the following concepts had been labelled as "essentially contested" in the Westlaw database: alienation, autonomy, author, bankruptcy, boycott, citizenship, civil rights, coherence, community, competition, the Constitution, corruption, culture, discrimination, diversity, equality, equal protection, freedom, harm, justification, liberalism, merit, motherhood, the national interest, nature, popular sovereignty, pornography, power, privacy, property, proportionality, prosperity, prostitution, public interest, punishment, reasonable expectations, religion, republicanism, rights, sovereignty, speech, sustainable development, and textuality. /wiki/Westlaw ↩
Of course, the equivalent view about the term in general is reasonable: it merely uses the descriptive definition. The descriptive definition is still a definition, even if one may think it less interesting than Gallie's definition. /wiki/Definition ↩
Waldron (2002), pp. 148-149. ↩
Gallie, 1956a, pp. 188, 193-194 ↩