John Rawls claims that public reasoning is the reasoning of ‘equal citizens who as a corporate body impose rules on one another backed by sanctions of state power’. Drawing on an amended version of Michael Bratman’s theory of shared intentions, I flesh out this claim by developing the ‘civic people’ account of public reason. Citizens realize ‘full’ political autonomy as members of a civic people. Full political autonomy, though, cannot be realised by citizens in societies governed by a ‘constrained proceduralist’ (...) account of democratic self-government, or the ‘convergence’ account of public justification formulated recently by Gerald Gaus and Kevin Vallier. (shrink)

I argue that there are two distinct views called ‘value pluralism’ in contemporary axiology, but that these positions have not been properly distinguished. The first kind of pluralism, weak pluralism, is the view philosophers have in mind when they say that there are many things that are valuable. It is also the kind of pluralism that philosophers like Moore, Brentano and Chisholm were interested in. The second kind of pluralism, strong pluralism, is the view philosophers have in mind when they (...) say there are many values, or many kinds of value. It is also the kind of pluralism that philosophers like Stocker, Kekes and Nussbaum have advanced. I separate and elucidate these views, and show how the distinction between them affects the contemporary debate about value pluralism. (shrink)

A recurring criticism of Isaiah Berlin is that he is a relativist. This essay argues that such criticisms are misplaced, as they fail to account for Berlin’s views about a common human horizon and the sense of reality. Berlin distinguishes his position from two forms of relativism – epistemological and cultural – and argues that the first entails self‐contradiction, while the other precludes mutual understanding. In response, he highlights the importance of a human horizon which involves shared moral values, and (...) provides for the possibility of mutual comprehension. Such comprehension is attained by the use of the sense of reality, which is taken to illuminate the differences and similarities between those of different beliefs. (shrink)

This paper examines Taylor’s moral realism in the light of his criticisms of ‘our subjectivist civilization’. I argue that his work is valuable in its stress on the link between identity and moral judgement and its picture of human beings as ‘strong evaluators’, but I dispute that these considerations lead to moral realism if this is taken to include a claim to truth. Specifically, I argue that Taylor’s ‘Best Account’ principle may generate radical inconsistency and his depiction of practical reason (...) does not lead to any hope of convergence. His own theism serves to illustrate these difficulties. (shrink)

The thesis examines the theoretical relationship between law and ethics. Its methodology is informed by both the existentialist tradition of ethical phenomenology and the natural law tradition in legal theory. The main claim of the thesis is that a phenomenological analysis of ethical experience, as suggested by the writings of existentialist authors such as Jean-Paul Sartre and Emmanuel Levinas, provides important support for the natural law tradition. This claim is developed and defended through detailed engagement with the natural law theory (...) of John Finnis. Specifically, I contend that Finnis’ account of moral reasoning as applying the principles of practical reasonableness to a context of self-evident, basic values gains significant support from a phenomenological theory of ethical experience. Finnis’ emphasis on the irreducible role of choice in moral deliberation also finds support in the existentialist tradition. However, I criticise some key aspects of Finnis’ theory, including his emphasis on the transcendental character of the basic values and his account of legal obligation. I begin by outlining some central features of the existentialist approach to philosophy. I advance an interpretation of existentialism as ethical phenomenology. I then discuss some possible methodological connections between the existentialist and natural law traditions. This discussion provides the methodological framework for the remainder of the thesis. The thesis develops and defends a substantially original theory of the relationships between law, ethics and politics. The exposition begins with an account of the relationship between law and community that draws upon the work of Finnis and G. W. F. Hegel. I then outline a phenomenological theory of ethical experience, drawing in particular on the writings of Sartre and Levinas. I employ this phenomenological account of ethics to develop a conception of moral reasoning as reflective, good faith engagement with pre-reflective social judgements of ethical significance. This view of ethical experience and moral reasoning is then used as the basis for an examination of the concept of law and its relationship to political discourse. I turn next to the notions of legal authority and obligation. I argue that law, in the focal sense of the term, presents a generic, peremptory obligation that is necessarily moral in character. In the course of the argument, I critically discuss the conceptions of legal authority proposed by Joseph Raz, Adolf Reinach, H. L. A. Hart, John Rawls, Finnis, Jacques Derrida and Hans Kelsen. This view of legal obligation entails there are fundamental moral conditions that positive rules must satisfy to qualify as law, in the focal sense. I explore the nature of the moral framework created by these conditions through a detailed analysis of the ethical foundations of political discourse. I argue that political discourse is founded upon an ontological apprehension of the nature of humans as free, ethical beings, which finds expression in a developed notion of political freedom. I suggest that the distinction between positive and negative forms of freedom advanced by Isaiah Berlin is best understood in terms of the different types of political claims invoked by those conceptions. I develop this theory by reference to the work of Charles Taylor, Gerald C. MacCallum, Wesley Newcomb Hohfeld, W. D. Ross, Robert Nozick and F. A. Hayek. I conclude by discussing the role of ethical experience in the interpretation of legal materials. I argue that ethical judgements play an irreducible role in constructing the natural interpretive context for judicial reasoning. I engage with the work of Hart, Lon L. Fuller, Martin Heidegger, Hans-Georg Gadamer, Ferdinand de Saussure and Ronald Dworkin, among others. In the final substantive chapter of the thesis, the potential for ethical judgements to play a constructive role in judicial action is illustrated through a detailed discussion of the doctrine of government neutrality. (shrink)

One of the most pressing dilemmas of the moment concerns pluralism and the issue of justification: how does one defend a commitment to any particular position? The fear is that pluralism undercuts our ability to justify our moral and political views, and thereby leads to relativism. As I argue here, Isaiah Berlin provides an exemplary argument concerning the ties between pluralism and liberalism. Although Berlin admits there is no logical link between pluralism and liberalism, he nevertheless highlights plausible ties between (...) pluralism and the fields of philosophy, history and politics, all of which provide good reasons for him to endorse liberalism. Moreover, these arguments indicate how pluralism differs from relativism, so that pluralists such as Berlin are not guilty of the charge of moral subjectivism. A reconsideration of Berlin's position thus provides insight into the problem of justification in a pluralist condition, one that illuminates certain features of pluralism, as well as exemplifies its compatibility with liberalism. (shrink)

In this dissertation I examine the topics of ethics, religion, and their relationship in the work of Charles Taylor. I take Taylor's attempt to confront modern disenchantment by seeking a kind of re-enchantment as my guiding thread. Seeking re-enchantment means, first of all, defending an `engaged realist' account of strong evaluation, i.e., qualitative distinctions of value that are seen as normative for our desires. Secondly, it means overcoming self-enclosure and achieving self-transcendence, which I argue should be understood in terms of (...) transcending a `lower' mode of selfhood for a `higher' one in concern for `strong goods'. One of the main issues that Taylor raises is whether re-enchantment requires theism for its full adequacy. He advances - often as `hunches' - controversial claims regarding the significance of theism (1) for defending strong evaluative realism and (2) for motivating an ethic of universal human concern. I seek to fill out his hunches in terms of a theistic teleological perspective that is centered on the `telos of communion'. I argue that such a view is important for overcoming the problem of what Bernard Williams calls the `radical contingency' of ethical beliefs, which seems to undermine their normative authority. However, I argue that if a non-theistic view of cosmic purpose (e.g., Thomas Nagel's view) can be regarded as a viable option, then it could also help to address this problem and support a kind of re-enchantment. Taylor also advances the controversial view that (3) there is an ineradicable draw to `transcendence' in human life in connection to the quest for the meaning of life. Here he opposes certain mainstream theories of secularization that see it as a process involving the ineluctable fading away of the relevance of religion. I seek to fill out and defend Taylor's view in this matter. Besides providing a reading of Taylor's work as a whole and advancing further some of the issues he raises, I also examine his general evaluative framework based on his account of strong evaluation. In doing so I show how he provides a distinct and important perspective among contemporary moral philosophers. (shrink)

Philip Pettit’s republican conception of freedom is presented as an alternative both to negative and positive conceptions of freedom. The basic idea is to conceptualize freedom as non-domination, not as non-interference or self-mastery. When compared to negative freedom, Pettit’s republican conception comprises two controversial claims: the claim that we are unfree if we are dominated without actual interference, and the claim that we are free if we face interference without domination. Because the slave is a widely accepted paradigm of the (...) unfree person, the case of a slave with a non-interfering master is often cited as providing a good argument for the first republican claim and against a negative conception of freedom. One aim of this article is to raise doubts about whether this is true. The other aim of the article is to show that the prisoner—also a paradigm of the unfree person—presents a good argument against the second republican claim and in favour of a negative conception of freedom. This is called the ‘prisoner-argument’. It will be argued that neither Pettit’s distinction between free persons and free choices nor his distinction between compromising and conditioning factors of freedom can help to rebut the charge of the prisoner-argument. (shrink)

ABSTRACT The paper challenges the general perception that the positive–negative freedom discourse privileges negative liberty. It demonstrates that Constant and Berlin’s dual freedom conceptual scheme contains the blueprint of a modern concept of positive freedom and it reveals the nature of negative freedom in an entirely new light. Constant’s ancient and modern liberties have many similarities with Berlin’s two concepts of freedom – positive and negative. The paper shows that these similarities warrant a parallel study and allow us to examine (...) the relation between the two sides of the freedom dichotomy by using the compound terms modern/negative and ancient/positive freedom. It is argued that understanding the relation between the two freedoms depends on accepting ancient/positive liberty as practiced by the participants of modern revolutions. Then we can see why this freedom can both violate and complement modern/negative freedom. The paper argues that the combined tension and mutual dependency of the two freedoms can be explained by tapping into a metaphysical study of human agency, where metaphysics is understood as conceptualisation of moral experience. This helps demonstrate why Constant’s modern liberty and Berlin’s negative liberty rely on satisfaction as a key category reflecting individuals’ capacity for subjective judgement. (shrink)

ABSTRACT Isaiah Berlin’s criticisms of positive liberty are often read as mere artefacts of his Cold War context. But are they good criticisms? This article evaluates Berlin’s three main worries about positive liberty—the inner-citadel worry, the moralization worry, and the tyranny worry. I find that while they may be reasonable worries to have about any concept of liberty, they are not compelling criticisms of positive liberty in particular.

This paper aims to come to grips with the rich philosophy of Charles Taylor by focusing on his concept of ‘strong evaluation’. I argue that a close examination of this term brings out more clearly the continuing tensions in his writings as a whole. I trace back the origin of strong evaluation in Taylor’s earliest writings, and continue by laying out the different philosophical themes that revolve around it. Next, the focus is on the separate arguments in which strong evaluation (...) is central, uncovering several methodological conflicts in Taylor’s strategies. Arguing against most of his commentators, I suggest that a distinction should be drawn between the philosophical anthropological, moral, and ontological implications of strong evaluation. As a result, the contribution of this paper is threefold. First, it clarifies the issue of strong evaluation by distinguishing the different arguments in which Taylor employs the concept. Second, it makes the case for multiple tensions within Taylor’s methods. Third, as a consequence, this analysis not only enables us to evaluate the potential and limits of his subject-centered philosophy but also separates his objectivist claims from his theories of human subjectivity, opening up the question of the metaphysical status of his ontological view. (shrink)

Organizations in competitive markets are often assumed to be voluntary associations, involving free exchange between various participants for mutual benefit. Just how voluntary or free organizational exchanges really are, however, is problematic. Even the criteria for determining whether specific transactions are free or coerced are not clear. In this paper, I review three general approaches to specifying such criteria: consequentialist, descriptive, and normative. I argue that the last is the most reasonable, that freedom is an essentially moral concept, whose meaning (...) is relative to preconceptions of human rights. Implications for freedom of contract are discussed.[O]n the whole, market competition, when it is permitted to work, protects the consumer better than do the alternative government mechanisms that have been increasingly superimposed on the market. ... If one storekeeper offers you goods of lower quality or of higher price than another, you're not going to continue to patronize his store. If he buys goods to sell that don't serve your needs, you're not going to buy them. The merchants therefore search out all over the world the products that might meet your needs and might appeal to you. And they stand back of them because if they don't, they're going to go out of business. When you enter a store, no one forces you to buy. You are free to do so or go elsewhere. That is the basic difference between the market and a political agency. You are free to choose (Friedman and Friedman, 1979, 222–223). (shrink)

As more decisions are made by automated algorithmic systems, the transparency of these systems has come under scrutiny. While such transparency is typically seen as beneficial, there is a also a critical, Foucauldian account of it. From this perspective, worries have recently been articulated that algorithmic transparency can be used for manipulation, as part of a disciplinary power structure. Klenk (Philosophy & Technology 36, 79, 2023) recently argued that such manipulation should not be understood as exploitation of vulnerable victims, but (...) rather as indifference to whether the information provided enhances decision-making by revealing reasons. This short commentary on Klenk uses Berlin’s (1958) two concepts of liberty to further illuminate the concept of transparency as manipulation, finding alignment between positive liberty and the critical account. (shrink)

This article presents a conceptual investigation of the intellectual debates on the normative destination of China, which have intensified since the mid-1990s when both liberalism and the New Left emerged under the Chinese backgrounds of the spreading of marketization and the maintaining of political authoritarianism.1 The investigation, however, is not an attempt to systematically examine those debates, which, as usual in the Chinese intellectual style of the twentieth century, often freely and arbitrarily cross various issue-areas and mix very different concepts. (...) Instead, this article interprets and criticizes the debates with its own political and academic concerns , which are reflected in two questions: First, how does liberty originate from a society that traditionally and practically has had little liberty? Second, how can such liberty be, whereas it has been given to birth or substantial growth from whatever soils and by whatever paths, sustained, expanded, and institutionalized in the society? (shrink)

The article tries to qualify the contentious issue of whetherthere is a human right to welfare. Our notion of human rightsis practically without criteria for distinguishing between whenit is used correctly and when incorrectly. The first step inany satisfactory resolution of the issue about welfare rightsis to supply duly determinate criteria. I then consider thechief reasons for doubting that there is a human right towelfare, in the light of what seem to be, all things considered,the best criteria to attach to (...) the notion of a human right. (shrink)