Human rights are both a means for the ideological justification of the status quo and for its utopian subversion. In order to account for this paradox we need to consider the role that our capacity to form images plays in human rights discourses. I will first discuss how best to conceptualise the capacity to produce images, which is the focus of this paper. In order to go beyond the impasse generated by philosophical approaches to imagination as an individual faculty, and (...) by sociological approaches to the imaginary understood as a social context, I propose to use the category of the ‘imaginal’, understood simply as that which is made of images and can therefore be both the product of an individual faculty and a social context. Second, I show how the imaginal enters the three major strategies of justifications of human rights, when we think of them as ‘human’, as ‘rights’ and as ‘rational’. Finally, I will show that the imaginal is also the force that compels us to enforce human rights, to put ourselves in the shoes of others and imagine a world that is different from the one in which we are currently living. (shrink)

Those who wish to abolish or restrict the use of non-human animals in so-called factory farming and/or experimentation often argue that these animal use practices are incommensurate with animals’ moral status. If sound, these arguments would establish that, as a matter of ethics or justice, we should voluntarily abstain from the immoral animal use practices in question. But these arguments can’t and shouldn’t be taken to establish a related conclusion: that the moral status of animals justifies political intervention to disallow (...) or significantly diminish factory farming and animal experimentation. In this paper, we set out to do two things: First, we argue that while the arguments mentioned above may establish the moral impermissibility or injustice of the practices they condemn, they are not sufficient to justify political interventions or social policies to abolish or restrict such practices. It is one thing to argue that some moral imperative or imperative of justice exists, and quite another thing to call for the use of political power to induce compliance with that imperative. Our second task is to assess the prospects for developing an argument that is sufficient to justify political interventions to restrict or abolish the use of non-human animals in factory farming or experimentation. Beyond establishing the immorality or injustice of animal consumption or experimentation, one must show that the interventions in question constitute legitimate use of political power. Would prohibiting or discouraging animal use be legitimate? We attempt to answer this question within the context of fundamental liberal constraints on the legitimate use of coercive political power. (shrink)

While Okin's feminist appropriation of Rawls's theory of justice requires that principles of justice be applied directly to the family, Rawls seems to require only that the family be minimally just. Rawls's recent proposal dulls the critical edge of liberalism by capitulating too much to those holding sexist doctrines. Okin's proposal, however, is insufficiently flexible. An alternative account of the relation of the political and the nonpolitical is offered by Jürgen Habermas.

In 1971, John Rawls published A Theory of Justice, the burden of which was strongly egalitarian. But Rawls eventually came to the conclusion that the project of working out a stable, well‐ordered society as argued in A Theory of Justice had failed. In 1993, in Political Liberalism, Rawls sought to establish a sounder theoretical foundation for a stable, well‐ordered society. Rawls was widely viewed, however, as having given up egalitarianism in Political Liberalism ‐ the commitment to a fair distribution, or (...) ‘justice as fairness’, along lines originally developed in A Theory of Justice. I argue, by contrast, that Political Liberalism does not in fact repudiate the egalitarianism of A Theory of Justice. Political liberalism has many variants, including variant conceptions of justice. In the first part of what follows, the question is raised whether political liberalism can defend a conception of justice that is as egalitarian as ‘justice as fairness’. Such a conception would guarantee the fair value of political liberties and would also contain the so‐called ‘difference principal’, which states that social and economic inequalities are to be adjusted so that they are to the greatest benefit of the least advantaged. Although it seems possible to defend such an egalitarian conception of justice, it does not seem necessary, all the same, that all variants of political liberalism should be as egalitarian as justice as fairness. Thus, in the second part of my argument, I seek to overturn, or at least substantially to qualify, the idea that there is no need for political liberalism to be strongly egalitarian. I conclude that the egalitarian credentials of political liberalism have to be bolstered, even more so than Rawls himself seems to think. (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)

This article presents a unifying interpretation of Rawls’s major works. The interpretation emphasizes the parallels in Rawls’s theories of justice and legitimacy for domestic and global institutions.

For well over a decade, much of liberal political theory has accepted the founding premise of Rawls's political liberalism, according to which the fact of reasonable pluralism renders comprehensive versions of liberalism incoherent. However, the founding premise presumes that all comprehensive doctrines are moral doctrines. In this essay, the author builds upon recent work by Allen Buchanan and develops a comprehensive version of liberalism based in a partially comprehensive social epistemic doctrine. The author then argues that this version of liberalism (...) is sufficiently accommodating of the fact of reasonable pluralism. The conclusion is that the founding premise of political liberalism admits of a counterexample; there is a version of comprehensive liberalism that is sufficiently pluralistic. (shrink)

Despite women’s increased labor force participation, household divisions of labor remain highly unequal. Properly implemented, gender egalitarian political interventions such as work time regulation, dependent care provisions, and family leave initiatives can induce families to share work more equally than they currently do. But do these interventions constitute legitimate uses of political power? In this article, I defend the political legitimacy of these interventions. Using the conception of citizenship at the heart of political liberalism, I argue that citizens would accept (...) political interventions aimed at protecting the ‘genuinely available option’ to enact gender egalitarian lifestyles. More strongly still, I argue that under certain circumstances, citizens would insist on the enactment of political interventions to protect this option. According to political liberalism’s constraints on legitimacy, this insistence renders these interventions not only legitimate but positively mandatory. It is legitimate for a state to exercise power to preserve the genuinely available option to enact a gender egalitarian lifestyle, and under certain circumstances, it is illegitimate for a state to fail to do so. (shrink)

Despite women’s increased labor force participation, household divisions of labor remain highly unequal. Properly implemented, gender egalitarian political interventions such as work time regulation, dependent care provisions, and family leave initiatives can induce families to share work more equally than they currently do. But do these interventions constitute legitimate uses of political power? In this article, I defend the political legitimacy of these interventions. Using the conception of citizenship at the heart of political liberalism, I argue that citizens would accept (...) political interventions aimed at protecting the ‘genuinely available option’ to enact gender egalitarian lifestyles. More strongly still, I argue that under certain circumstances, citizens would insist on the enactment of political interventions to protect this option. According to political liberalism’s constraints on legitimacy, this insistence renders these interventions not only legitimate but positively mandatory. It is legitimate for a state to exercise power to preserve the genuinely available option to enact a gender egalitarian lifestyle, and under certain circumstances, it is illegitimate for a state to fail to do so. (shrink)

Tekst razmatra Rolsovu ideju javnog uma kao sredisnji deo njegove koncepcije politickog liberalizma. Ideja javnog uma je shvacena dvostruko, kao norma opravdanja i kao politicki ideal. U tekstu su takodje razmotrene neke kritike Rolsove koncepcije i naznaceni moguci nacini na koji se Rols moze odbraniti od njih. Osnovne teze u tekstu su da se Rolsova koncepcija javnog uma moze odbraniti od standardnih kritika, ali i da sama razotkriva ogranicenja politickog ideala liberalne demokratije. Dosledno shvacen, politicki ideal liberalne demokratije mora se (...) odreci pretenzija na moralnu superiornost i oslanjati se na moralni konsenzus koji moze biti potvrdjen javnim umom politickog drustva.. (shrink)

The article dealt with Rawlsian idea of public reason as a convergence point of his conception of political liberalism. The idea of public reason is taken as a norm of political justification a as well as a political ideal. Major lines of criticism of the Rawls' conception are also discussed in the article. The conclusion is that is possible to defend major elements of Rawls' conception against criticism along Rawlsian lines of argumentation. The thesis advocated through the text is that (...) it is significant legacy of Rawls' conception of public reason that it discloses limitations of political ideal of liberal democracy. It is argued that one important consequence is that liberalism has to disclaim its own moral superiority in order to make political ideal viable. The other is that any particular society has to find its moral bases in public reason of particular society, that is burdened with peculiar culture and history.. (shrink)

Tekst je prosireno obrazlozenje predlozene teme projekta koja se bavi mogucnoscu prihvatanja i stabilizacije liberalnih obrazaca distribucije u drustvima u tranziciji. Srbija je u ovom pogledu iz niza razloga poseban slucaj. Liberalizacija ovih drustava je uvek neizvestan proces jer zavisi od dve vazne pretpostavke. Prva je olicena u paradoksu ovakvog vida tranzicije koji se sastoji u postojanju ili nepostojanju politickih poticaja da se neke sfere zivota osamostale od procesa politickog odlucivanja. Druga je da liberalizacija moze biti samo destruktivna. Naime, minimalni (...) ucinci liberalizacije, uspostavljanje obrazaca odgovornosti i javne sfere, mogu u svom krajnjem ishodu imati neliberalne ucinke. No, pored svega, stabilnost liberalnih poredaka pociva upravo na otvorenoj mogucnosti stalnog preispitivanja i korigovanja obrazaca raspodele koji su ugradjeni u institucionalne mehanizme ovih drustava. (shrink)

Tekst je prosireno obrazlozenje predlozene teme projekta koja se bavi mogucnoscu prihvatanja i stabilizacije liberalnih obrazaca distribucije u drustvima u tranziciji. Srbija je u ovom pogledu iz niza razloga poseban slucaj. Liberalizacija ovih drustava je uvek neizvestan proces jer zavisi od dve vazne pretpostavke. Prva je olicena u paradoksu ovakvog vida tranzicije koji se sastoji u postojanju ili nepostojanju politickih poticaja da se neke sfere zivota osamostale od procesa politickog odlucivanja. Druga je da liberalizacija moze biti samo destruktivna. Naime, minimalni (...) ucinci liberalizacije, uspostavljanje obrazaca odgovornosti i javne sfere, mogu u svom krajnjem ishodu imati neliberalne ucinke. No, pored svega, stabilnost liberalnih poredaka pociva upravo na otvorenoj mogucnosti stalnog preispitivanja i korigovanja obrazaca raspodele koji su ugradjeni u institucionalne mehanizme ovih drustava. (shrink)

Since contemporary societies are deeply multicultural and plural, the partisan ideological politics obviously animate conflict of opinions and hard bargains that brings coercion into play. Thus political power is exercised to establish legitimacy and stability in the polity. The use of public reason as a tool of public inquiry is considered as most effective in deciding upon the outcomes of laws and policies. The idea of public reason is one of the contemporary innovations of liberal thinking in democracy and has (...) gained a wider currency among the political theorists after John Rawls adoption of it into his political thinking. On this background, my concern is to see the feasibility of public reason alone into democratic outcomes through coercive use of power provided that this is widely accepted among the epistemic peers in a democracy. I propose that the exclusiveness of public reason is inadequate to arbitrate on fundamental questions of politics in situations where disagreement becomes acute because of the adversary positions held by citizens. And hence love and truth add to the rigorousness of reason as strong ideals to combat an insurgency of deadly disagreements. It is an attempt to engage love and truth to public reason to make public deliberations more productive in the arena of law making and policy outputs. The strengthening of this democratic process is pioneering effort of M. K. Gandhi. (shrink)

This essay criticizes David Held's proposal of cosmopolitan democracy. Held argues that cosmopolitan realities are emerging, which help to open up the possibility of a cosmopolitan democracy. However, the author argues that Held tends to exaggerate cosmopolitan realities. What Held sees as cosmopolitan realities are international realities rather than cosmopolitan, and what he calls 'transnational civil society' is in fact the product of nation-states. Held endorses 'the institutionalization of cosmopolitan principles', which implies two different institutionalizations, though Held does not explicitly (...) recognize this difference: the global and national institutionalization. However, the global institutionalization of cosmopolitan principles would not only fail to work but also cause undesirable consequences, in particular, global cultural homogenization, while the national one does not deserve the name of cosmopolitanism. Instead of introducing a cosmopolitan democracy, the author proposes that we should utilize and enhance the capacities of nation-states and develop the existing international order so as to cope with global problems. (shrink)

In this article I address two objections to Rawls’ account of international toleration. The first claims that the idea of a decent people does not cohere with Rawls’ understanding of reasonable pluralism and sanctions the oppressive use of state power. The second argues that liberal peoples would agree to a more expansive set of principles in the first original position of Law of Peoples. Contra the first I argue that it does not properly distinguish between the use of state power (...) aimed at curtailing difference and the oppressive use of state power. Contra the second I argue that transposing a liberal egalitarian set of principles in Law of Peoples would entail the unnecessary duplication of entitlements within different levels of governance and affect liberal peoples’ self-determination. The article also highlights how these criticisms are premised on the assumption that all societies should be liberal and that the correct view of global justice is a cosmopolitan one. (shrink)

De acuerdo a este artículo, la extensión realizada por Rawls de su concepción de justicia doméstica al contexto de las relaciones internacionales contradice premisas básicas de su propia teoría de justicia. Una extensión de la teoría doméstica consistente con sus propias premisas debería llevar a considerar una clase mayor de demandas como derechos humanos y a aceptar algún principio de distribución global.

The debate between Jürgen Habermas and John Rawls concerns the question of how to do political philosophy under conditions of cultural pluralism, if the aim of political philosophy is to uncover the normative foundation of a modern liberal democracy. Rawls’s political liberalism tries to bypass the problem of pluralism, using the intellectual device of the veil of ignorance, and yet paradoxically at the same time it treats it as something given and as an arbiter of justification within the political conception (...) of justice. Habermas argues that Rawls not only incorrectly operationalizes the moral point of view from which we discern what is just but also fails to capture the specificity of democracy which is given by internal relations between politics and law. This deprives Rawls’s political philosophy of the conceptual tools needed to articulate the normative foundation of democracy. (shrink)

This paper sees Charles Taylor's moral discourse as a version of liberal communitarianism, an attempt to reconcile liberalism and communitarianism, by examining his three transcendental arguments: the liberal transcendence from the parochial to the universal; the communi tarian transcendence from the instinctual to the ontological; and the theistic transcendence from the good to God. While this liberal communi tarianism absorbs some great insights from both liberalism and communi tarianism and overcomes some of their respective weaknesses, it fails to avoid their (...) common dichotomy of the good and the right because Taylor's fundamentally communitarian commitment leads him to believe that there must be a universal ontological (religious or metaphysical) idea of the good as the foundation for any needed universal social and political idea of the right. (shrink)

In recent years, leading public reason liberals have argued that publicly justifying coercive laws and policies requires that citizens offer both adequate secular justificatory reasons and adequate secular motivating reasons for these laws and policies. In this paper, I provide a critical assessment of these two requirements and argue for two main claims concerning such requirements. First, only some qualified versions of the requirement that citizens offer adequate secular justificatory reasons for coercive laws and policies may be justifiably regarded as (...) plausible liberal principles of public justification. And second, the requirement that citizens offer adequate secular motivating reasons for coercive laws and policies is untenable on multiple grounds. Public reason liberals should focus on assessing the justificatory reasons offered for and against coercive laws and policies rather than requiring citizens to offer adequate secular motivating reasons for such laws and policies. (shrink)

This paper examines two central arguments raised byfeminist theorists against the coherence andconsistency of political liberalisms, a recentrecasting of liberal theories of justice. They arguethat due to political liberalisms'' uncritical relianceon a political/personal distinction, they permit theinstitution of the family to take sexist and illiberalforms thus undermining its own aims and politicalproject. Political liberalisms'' tolerance of a widerange of family forms result in two fatalinconsistences. Firstly, it retards or completelyprevents women from developing the necessary politicalsense of self required for citizenship, (...) and secondly,it prevents children from acquiring the requisitepolitical virtues and sense of justice necessary forthe viability and long-term stability of such asociety. In the paper, I argue that despite theirinitial appeal these feminist criticisms are notcompelling. Firstly, they misunderstand what politicalliberalisms mean by unjust family forms, secondly,they trade on a misunderstanding of thepolitical/personal distinction and, finally, they makequestionable empirical claims about the effects of theilliberal family on a viable political conception ofjustice. (shrink)

This article outlines the basic tenets of political liberalism, a recent twist in liberal theories of justice, and distinguishes a ?sufficiency? approach from its more ?egalitarian? rivals. The article argues that a ?sufficiency? principle as the basis for distributing social and material goods, is a logical extension of the commitment to a democratic ideal, one that is required to give substance to political rights guaranteed to all citizens as free and equal members of society. To illustrate the attractiveness of this (...) approach, the paper illustrates how political liberalism offers a compelling way of characterising and interpreting the new South African constitution. As a pluralist society which has until recently been ruled by an unjust regime, political liberalism in general, and the ?sufficiency? version in particular, would offer an effective and inclusive way of addressing what ought to be the paramount concern for all citizens: namely, how to prevent the state's coercive powers from being used by one sectarian group to dominate and repress other groups. (shrink)

The paper examines a specific charge against Rawls's political liberalism, namely that the manner in which it uses the notion of reasonableness renders it a form of secular fundamentalism. The paper begins with an examination of what Rawls means by his notion of ‘the reasonable’ and briefly outlines its role in his version of political liberalism. This leads to a discussion of the different meanings of ‘secular fundamentalism’ and how it is specifically used in its criticism of Rawls's ‘justice as (...) fairness’. The essay then offers two arguments to show that the charge of secular fundamentalism cannot be sustained due to a deep misunderstanding of the derivation and use of the notion of reasonableness as well as the context, scope, and aims of Rawls's political liberalism in particular and the project of political liberalisms more generally. (shrink)

Among those who reject the Epicurean claim that death is not bad for the one who dies, it is popularly held that death is bad for the one who dies, when it is bad for the one who dies, because it deprives the one who dies of the good things that otherwise would have fallen into her life. This view is known as the deprivation account of the value of death, and Fred Feldman is one of its most prominent defenders. (...) In this paper, I explain why I believe that Feldman’s argument for the occasional badness of death fails. While staying within an Epicurean framework, I offer an alternative that adequately accounts for a significant range of widely held intuitions about prudential value. My account implies that death is almost always good for the one who dies, yet often less good than not dying. Finally, I discuss some puzzles that remain for my account and hint at possible ways to address them. (shrink)

Rawls’ realistic utopia has been subject to much criticism. The Realist claims Rawls’ realistic utopia to be too utopian. The Cosmopolitan, on the other hand, claims Rawls’ realistic utopia to be insufficiently utopian. In this essay, I argue that the criticism can be circumvented by means of clarifying an ambiguity in the concept of utopia. I argue that the Realist is not criticizing Rawls for being utopian, but unrealistic, impractical and idealistic (quixotic). The Cosmopolitan might be right in criticizing Rawls (...) for not being utopian enough. The orthodox understanding of utopia, adopted by the Cosmopolitan is, however, in itself quixotic. Drawing on Le Guin’s The Dispossessed, I propose a novel understanding of how utopia ought to be understood. Once the Rawlsian adopts this conception of utopia, it alleviates the objections raised by the Realist and the Cosmopolitan. (shrink)

The purpose of this paper is to briefl y examine one of the fundamental assumptions made in contemporary liberal political philosophy, namely that persons are free and equal. Within the contemporary liberal political thought it would be considered very uncontroversial and even trivial to claim something of the following form: “persons are free and equal” or “people think of themselves as free and equal”. The widespread nature of this assumption raises the question what justifies this assumption, are there good reasons (...) for holding it? After establishing some methodological remarks, including a distinction between having freedom-equality and being free-equal and restricting the domain of discussion to include only a subset of all moral questions, namely the questions of political morality, the paper deals with some conceptual issues concerning this assumption of persons as free and equal, such as how do free-and-equal-making properties relate to person-making properties. It then moves on to examine three broad ways the free-and-equal-mak-ing properties could be established. First, necessary property approaches, which take some necessary feature of persons to be what makes them free and equal (e.g. possessing an immortal soul). Second, contingent property approaches, which take some contingent feature of persons to be what makes them free and equal (e.g heir practise of reasoning). Third, agreement based approaches, which take some agreement or contract among persons to be the basis for their being free and equal (e.g. evolutionary emergence of our treatment of others). Strengths and weaknesses of all approaches will be examined. (shrink)