The neo-liberal upsurge of the last twenty years and the neo-liberal case against the welfare state has gained much of its emotional force from a sub-text which is highly gendered. Whereas social liberalism had contained the promise of more autonomy within the private sphere and more caring values in the public sphere, neo-liberalism depicts the results of social liberalism as a loss of self reliance – through ‘over-protection’ by the state in the public sphere and usurpation of male roles in (...) the private sphere. The identification of the welfare state as female (the ‘nanny state’) helps fuel resentment on the part of those already confused by rapidly changing gender roles. This paper tracks the sex change which took place in the image of the liberal state as it evolved out of the night watchman state – the link between the women's suffrage movement and social regulation, maternal principles of distribution and demands for the public organization of caring. It examines the neo-liberal rejection of the breast and neo-liberal claims that the maternal state is incompatible with ‘self-reliance’ and a barrier to competitiveness in the world market. (shrink)

Thirty-five papers by outstanding specialists of philosophy of law and comparative law from Western Europe, Central Europe, Eastern Europe, as well as from Northern America and Japan, dedicated to the Hungarian philosopher of law and comparatist Csaba Varga.

This paper analyses J.S. Mill's theory on the relationships between individual autonomy and State powers. It will be argued that there is a significant discrepancy between Mill's general liberal statements aimed to secure individual largest possible autonomy and the specific examples which provide the government with quite wide latitude for interference in the public and private spheres. The paper outlines the boundaries of government interference in the Millian theory. Subsequently it describes Mill's elastic paternalism designed to prevent people from inflicting (...) harm upon others as well as upon themselves, from soft paternalism on issues like compulsory education to hard paternalism on very private matters such as marriage, having children, and divorce by consent. (shrink)

Sociologists generally agree that history affects or conditions moral belief, but the relationship is still only vaguely understood. Using a case study of the appearance of social justice beliefs in Victorian-era Britain, this article develops an explanation of the link between history and morality by applying field theory to capture the historical genesis of a field. A moral way of evaluating poverty and inequality developed slowly over the course of the nineteenth century in Britain, with a trajectory extending back to (...) Malthus’s Essay on the Principle of Population and moving forward to the Fabians, the Settlement Movement, and other social reformers at the end of the nineteenth century. Drawing from field theory, I argue that social justice beliefs emerged during this time through the genesis of moral universalism as a distinct mode of experience. Several recognizable moral beliefs appeared in the process, including “equality of opportunity,” “equality of reward,” “character,” and “effort,” “ability,” and “duty” as forms of merit (among others). I argue for treating moral beliefs as historical and relational entities that are situated and dated by the conditions marking their appearance in a field. As I conclude, this lends the sociology of morality to a critical moral reflexivity instead of moral relativism or moral realism. (shrink)

ABSTRACTJohn Tomasi's Free Market Fairness claims to provide a principled defense of classical-liberal institutions. Respect for the development of our moral powers or “self-authorship,” according to Tomasi, requires that we make certain economic liberties basic, including freedom of contract and the right to accumulate property. Yet Tomasi's principles and his institutions are at odds. Tomasi has provided ethical grounds for defending not classical-liberal but radical-democratic, even socialist, economic freedoms. This is most vivid in Tomasi's account of the “liberties of working.” (...) He argues that it is not just the choice of work but control of the workplace experience that is a vital part of our self-authorship. If this is true, Tomasi has not given a defense of a robust right to “freedom of contract,” but rather of those rights of control over work and property that leftists have long argued for. (shrink)

In this paper, I critique one aspect of Simester and von Hirsch’s, Crimes, Harms, and Wrongs—their recognition of harm and offence principles, but failure to construct a paternalistic principle, despite their willingness to countenance some small measure of criminal paternalism. Construction of such a principle would have clarified the problems of as well as the limits to criminalising paternalism.

Freedom of religious expression is to many a fundamental element of their identity. Yet the jurisprudence of the European Court of Human Rights on the Islamic headscarf issue does not refer to autonomy and identity rights of the individual women claimants. The case law focuses on Article 9 of the European Convention on Human Rights, which provides a legal human right to freedom of religious expression. The way that provision is interpreted is critically contrasted here with the right to personal (...) autonomy and identity now developed by that court in interpreting Article 8 which contains a right to respect one’s private life. (shrink)

(1999). Love, politics, and the Victorians: Liberal feminism and the politics of social integration. The European Legacy: Vol. 4, Ideas and Beliefs of the Victorians, pp. 42-57.

This essay demonstrates, and critiques, the pervasiveness of economic assumptions in the jurisprudence of privacy in US constitutional law as it extends from birth control and abortion rights to the so-called right to die. Finding in these cases metaphors of neoliberal productive practices and the assumption of the self as human capital, the self understood as a site of investment rather than a repository of worth, the essay brings privacy law into conversation with Kristin Luker's empirical work on abortion politics (...) and teenage pregnancy. The essay does not treat the right to die as a moral or political problem to be resolved, but is instead interested in the revelatory character of the jurisprudence of privacy — namely, in what it can tell us about the contemporary political economic order. Are recent developments in contemporary political economy, in the emerging neoliberal order, potentially illiberal? (shrink)

This paper answers the title question, “Yes,” on both counts. The first part of the paper argues that modern liberals are socialists, and the second part argues that they are also social democrats. The main idea behind the first argument is that the state has effectively taken control of the incidents of ownership through its taxation, spending, and regulatory policies. The main idea behind the second argument is that the institutions of social democracy are replicated by the institutions favored by (...) modern American liberalism. Specifically, the takeover of the American healthcare system, Social Security, employers' mandatory contributions to unemployment insurance, and workers' compensation insurance replicate the institutions of social democracy. (shrink)

In liberal thought, democracy is guaranteed by the unity of community and government. The community of citizens elects its government according to political preferences. The government rules over the community with powers that are limited by unalienable human, civil, and political rights. These assumptions have characterized Classical Liberalism, Revisionist Liberalism, and contemporary Neo-Liberal theories. However, the assumed unity of community and government becomes problematic in Global Post-Fordism. Recent research on the globalization of the economy and society has underscored the increasing (...) inability of nation-states to exercise power over their communities, which, in turn, limits the ability of communities to express their will at the nation-state level. The current phase of capitalism is characterized by socio-economic relations that transcend the jurisdictions of nation-states and local spaces. By introducing features characteristic of Classical Liberalism, Revisionist Liberalism and Neo-liberalism, and the contribution of the theory of Reflexive Modernization, which represents a novel attempt to rethink democracy within the liberal tradition, the issue of the fracture of the unity of community and government can be addressed. The inability of governments to control economic and non-economic environments creates a crisis of representation that implies serious limits to liberal democracy. This situation is particularly important for the agricultural and food sector since its development and programs for its democratization have been historically based on the intervention of agencies of and control by the nation-state. (shrink)