Ever since Immanuel Kant suggested that ‘the problem of setting up a state can be solved even by a nation of devils’ so long as citizens’ selfish tendencies worked to counterbalance one another, critics have complained that liberalism is indifferent to individual character and, worse still, is predicated on the notion that citizens ought to be concerned primarily with their private interests and little, if at all, with the public weal. Lately, this line of criticism has been pressed with renewed (...) force by theorists who argue that liberal states can flourish only if citizens develop the distinctive virtues that, ‘taken together … constitute a disposition to foster, support, and participate in liberal political institutions,’ but that liberal states committed to neutrality with respect to the good cannot realistically expect their citizens to develop these virtues. (shrink)

Motivated by a deep sense that injustice and inequality are wrong, liberals and reformers in the Western political tradition have focused their energies on policies and programs which seek inclusion: extending the suffrage to those without property; seeking to treat women the same as men, and blacks the same as whites; trying to ensure that as few as possible are excluded from economic opportunity due to lack of resources. Under current conditions, such demands for inclusion take two primary forms, especially (...) in the United States. One is a commitment to using the state to equalize the life chances of individuals. The other is a call for treating groups which have experienced discrimination with full respect. The former leads to the welfare state, while the latter is produced by, and in turn produces, what is commonly called identity politics, the politics of recognition, or the politics of presence. (shrink)

Lately there has been a renewal of interest among political philosophers and theorists in the idea of cosmopolitanism. However, there is little consensus among contemporary theorists about the precise content of a cosmopolitan position. This article calls attention to two different strands in recent thinking about cosmopolitanism. One strand presents it primarily as a doctrine about justice. The other presents it primarily as a doctrine about culture and the self. Although both forms of cosmopolitanism have some appeal, each is sometimes (...) interpreted in ways that render it untenable. This article attempts to distinguish between the more and the less plausible versions of each form of cosmopolitanism. In each case, the distinction turns on how the normative status of particular interpersonal relationships and group affiliations is understood. (shrink)

It is a commonplace that in many societies people adhere to profoundly different conceptions of the good. Given this we need to know what political principles are appropriate. How can we treat people who are committed to different accounts of the good with fairness? One recent answer to this pressing question is given by Brian Barry in his important work Justice as Impartiality. This book, of course, contains much more than this. It includes a powerful and incisive discussion of several (...) accounts of distributive justice, a critique of other attempts to defend liberal neutrality and a rebuttal of those who are critical of the ideal of impartiality. In this paper I wish, however, to focus on Barry's defence of liberal neutrality. The paper falls into three parts. Section I outlines the thesis that Barry wants to defend and gives a brief sketch of the argument he employs to defend it. Barry's argument makes two claims – what I have termed the Sceptical Thesis and the Agreement Thesis. Section II therefore critically assesses Barry's defence of the sceptical thesis and Section III examines the agreement thesis. (shrink)

This essay explores ethical conflicts underlying the discourse of the policy debate about transracial adoption, focusing on the adoption of Black children by whites. Three underlying conflicts are analyzed, namely, the values of equality versus community, interracial community versus multiculturalism, individuality versus racial-ethnic community. The essay concludes with observations on multicultural families.

From the perspective of an African ethic, analytically interpreted as a philosophical principle of right action, what are the proper final ends of a publicly funded university and how should they be ranked? To answer this question, I first provide a brief but inclusive review of the literature on Africanising higher education from the past 50 years, and contend that the prominent final ends suggested in it can be reduced to five major categories. Then, I spell out an intuitively attractive (...) African moral theory and apply it to these five final ends, arguing that three of them are appropriate but that two of them are not. After that, I maintain that the African moral theory prescribes two additional final ends for a public university that are not salient in the literature. Next, I argue that employing the African moral theory as I do enables one to rebut several criticisms of Africanising higher education that have recently been made from a liberal perspective. I conclude by posing questions suitable for future research. (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)

Those who believe that they have special obligations to their community — to their family, state or nation, clan, tribe, or cultural group — often insist that they have duties not merely to present and future members. They also claim to have responsibilities to, or in respect to, their predecessors. David Miller, in his defence of ‘nationality,’ claims that the existence of a nation as a historical community is one of the features which make it ‘a community of obligation.’ ‘“Because (...) our forebears have toiled and spilt their blood to build and defend the nation, we who are born into it inherit an obligation to continue their work….’” Being a member of a nation, says Yael Tamir, requires individuals to keep faith with its history. Annette Baier thinks that if we fail to pass on our inherited public goods to our descendants we can be blamed not only for harming their interests but also for not carrying out the intentions of our forebears. (shrink)

Taylor, Sandel, Walzer, and MacIntyre waver between granting the community authority over the individual and limiting this authority so severely that communitarianism becomes a dead letter. The reason for this vacillation can be found in the aspiration of each theorist to base liberal values‐equality and liberty—on particularism. Communitarians compound liberal formalism by adding to the liberal goal, individual autonomy, the equally abstract aim of grounding autonomy in a communally shared identity. Far from returning political theory to substantive considerations of the (...) good, communitarianism legitimizes really existing liberal politics—the politics of the nation‐state. (shrink)

I explicate and defend a form of liberal socialist nationalism. It is also a nationalism which is cosmopolitan. Explication and explanation are crucially in order here, for it is not unreasonable to believe that 'cosmopolitan nationalism' and 'liberal socialist nationalism' and even 'liberal nationalism' are oxymoronic. Against that I argue that there is a straightforward understanding of these concepts and their relations to each other that does not have inconsistencies or even paradoxes. Liberal socialism properly understood goes well with cosmopolitanism (...) (both moral and institutional), and there are plausible and attractive forms of both liberalism and socialism that go together. Moreover, the only candidate for a nationalism that would survive careful reflective inquiry is a liberal nationalism: a nationalism which is neither ethnic nor civic. It is widely believed, however, that even a liberal nationalism is incompatible with cosmopolitanism. I contend in a series of arguments that in contexts where nationalism is rightly on the agenda the form that it should take is that of a liberal nationalism, and it is further argued that to be viable, nationalism requires cosmopolitanism. (shrink)

This work examines the case for international compensation programs for reasonably justly formed majority cultures facing threats due to the ordinary functioning of globalization. While many “majority rights” claims cannot withstand scrutiny, standard liberal-democratic arguments for minority rights couched in concerns about cultural vulnerability now apply to several majority cultures. Parity of reasoning from the minority rights literature thus provides some reasonably justly formed majorities with claims to cultural protections. Domestic laws are unlikely to adequately protect against transnational threats, and (...) some would threaten minority rights. But majority cultural vulnerability presents an injustice that international institutions should address. A well-designed international compensation scheme could maintain recognized benefits of globalization while compensating those who lose part of their cultural identity as a result. The following motivates and provides preliminary details on how to design a scheme. (shrink)

Physicians place significant weight on the distinction between acts and omissions. Most believe that autonomous refusals for procedures, such as blood transfusions and resuscitation, ought to be respected, but they feel no similar obligation to accede to requests for treatment that will, in the physician’s opinion, harm the patient (e.g., assisted death). Thus, there is an asymmetry. In this paper, we challenge the strength of this distinction by arguing that the ordering of values should be the same in both cases. (...) The reason for respecting refusals is that, in such cases, autonomy outweighs well-being. We argue that the same should be true in request cases, which means that requests should not be denied only due to the treatment being too harmful in the physician’s opinion. Our strategy is to consider and reject a number of arguments for the asymmetrical view, including an appeal to the doing–allowing distinction and positive and negative rights. The duty to respect refusals is still greater than the duty to grant requests on our view, but, by arguing that the ordering of values is the same in both cases, we show that there is less of a distinction in healthcare between requests and refusals than many currently believe. (shrink)

The central idea of this article is that social freedom should range over socially constituted practices and ways of life rather than merely individual actions or aggregations of such actions. To be free, it is argued, is to be capable of pursuing opportunities to engage in socially constituted practices and ways of living that one has reason to value from the point of view of one's practical identity (or identities). The implication of this position is that supporting social freedom must (...) involve positive support of those social relations that constitute those practices and ways of life. Hence negative freedom views, such as liberal or republican accounts, are incomplete as conceptions of the kind of freedom that is so deeply valued within democratic cultures as well as in liberation struggles against social systems where freedom is systematically denied. (shrink)

The so-called liberal-communitarian debate in the 1980s was one of the most remarkable debates in Anglo-American political philosophy. While John Rawls was the most well-known thinker from the liberal camp, it can be said that Michael J. Sandel best represented the communitarian critique of Rawls' political theory. Nevertheless, for many scholars, especially liberal political theorists, Sandel's criticism of Rawls is misleading in many aspects due to his misunderstanding of Rawls' theory. This paper wants to reexamine this allegation against Sandel by (...) dealing with three objections against Sandel's criticism of Rawls claiming that Sandel misreads and misunderstands Rawls. The sociology objection interprets Sandel as saying that Rawls' conception of the person reflects a sociological account of humans. The metaphysics objection interprets Sandel as saying that Rawls' conception of the person explains a metaphysical account of humans. The private morality objection interprets Sandel as saying that Rawls' conception of the person reflects a moral ideal of humans. This paper offer a careful rereading of Sandel, and argues that he does not misread or misunderstand Rawls as his critics claim. Therefore, these three objections are misleading. (shrink)

This paper considers the potentially wrongful discriminatory nature of certain of our dating preferences. It argues that the wrongfulness of such preferences lies primarily in the simple lookism they involve. While it is ultimately permissible for us to date people partly because of how they look, I argue that we have a duty to ‘look behind’ people’s appearance, which I take to mean that we ought not, on the basis of their appearance, to regard them as absolutely out of the (...) question for us to engage with in a romantic setting. Further, constraints similar to those suggested by a duty to look behind people’s appearance gain support from another duty we have, namely, a duty to counteract, also in our daily lives, the fact that people are undeservedly disadvantaged in various ways. (shrink)

Many popular artificial intelligence (AI) ethics frameworks center the principle of autonomy as necessary in order to mitigate the harms that might result from the use of AI within society. These harms often disproportionately affect the most marginalized within society. In this paper, we argue that the principle of autonomy, as currently formalized in AI ethics, is itself flawed, as it expresses only a mainstream mainly liberal notion of autonomy as rational self-determination, derived from Western traditional philosophy. In particular, we (...) claim that the adherence to such principle, as currently formalized, does not only fail to address many ways in which people’s autonomy can be violated, but also to grasp a broader range of AI-empowered harms profoundly tied to the legacy of colonization, and which particularly affect the already marginalized and most vulnerable on a global scale. To counter such a phenomenon, we advocate for the need of a relational turn in AI ethics, starting from a relational rethinking of the AI ethics principle of autonomy that we propose by drawing on theories on relational autonomy developed both in moral philosophy and Ubuntu ethics. (shrink)

According to the influential disrespect account of what paternalism is, and why it is wrong, paternalism involves an anti-egalitarian, disrespectful attitude on the part of the paternalist: X (the paternalist) assumes an attitude of superiority when interfering in Y's matters for Y's good. Pace this account, the article argues that an important, although somewhat overlooked, form of paternalism is not, all things considered, insulting. This form of paternalism focusses on people's occasional lack of appropriate self-respect or their failure to see (...) themselves as equals or to stand vis-à-vis others as such. (shrink)

Raphael Cohen-Almagor’s Just, Reasonable Multiculturalism offers a different way of approaching multiculturalism from the systematic theoretical treatments that anchor the literature. While strongly committed to liberal democratic values, it presents not so much a theory or moral argument justifying minority or majority cultural rights as a set of values and principles for adjudicating controversial cases and oft-heard arguments against multicultural accommodation. After noting distinctive features of the approach, I discuss three areas of tension in the analysis. First, between its appeals (...) to Rawlsian justice and state neutrality and its support of state multiculturalism. Second, between its stated theoretical principles and its adjudication of some cases. Third, regarding how we think about a state’s entanglement with culture and, specifically, whether that should be in terms of an incomplete liberal neutrality, liberal perfectionism, or liberal nationalism. I suggest that as helpful as Cohen-Almagor’s liberal-democratic guidelines are, there remain some contextual factors which are no less important in justly responding to the pointy end of multiculturalism. (shrink)

This paper considers contractarianism as a method of justification. The analysis accepts the key tenets of contractarianism: expected utility maximization, unanimity as the criteria of acceptance, and social-scientific uncertainty of modelled agents. In addition to these three features, however, the analysis introduces a fourth feature: a criteria of rational belief formation, viz. Bayesian belief updating. Using a formal model, this paper identifies a decisive objection to contractarian justification. Insofar as contractarian projects approximate the Agreement Model, therefore, they fail to justify (...) their conclusions. Insofar as they fail to approximate the Agreement Model, they must explain which modelling assumption they reject. (shrink)

In the best literature on unilateral secession, for instance, Buchanan, it is usual to distinguish between remedial theories, which require a just cause for conceding a right to secession for the inhabitants of a territory, part of a State; and primary theories, plebiscitary theories and adscriptivist or nationalist theories. In accordance to this view, only the first are capable of justifying a unilateral right to secession. Well then, in this paper, an argument is elaborated in order to show that the (...) remedial strategy is not applicable to Catalonia and, also to show that even if primary theories are applicable to the case of Catalonia —the plebiscitary strategy has given rise to the so-called right to decide—, they are not able to justify a unilateral right to secession. (shrink)

It seems intuitive that human development and environmental protection should go hand in hand. But some have worried there is no framework within environmental ethics that suitably conjoins them. I...

In this paper I criticize a growing movement within public policy circles that self-identifies as neoliberal. The issue I take up here is the sense in which the neoliberal label signals a turn away from libertarian political philosophy. The are many import ant figures in this movement, but my focus here will be on Will Wilkinson of the Niskanen Center, not least because he has most prolifically written against libertarian political philosophy. Neoliberals oppose the idea that the rights that libertarianism (...) claims people have are useful guides for making the world a freer place because they forestall too much governmental/democratic political action that they purport to be necessary for increasing freedom. Wilkinson mistakenly takes libertarianism to be a set of ideal public policies for achieving a perfectly free society. If it were, he would be right to turn away from it. But placing rights to freedom at the center of their theory of justice does not commit libertarians to an all-or-nothing approach to political change. Consequences and strategy matter – particularly in a non-ideal world – without abandoning the idea that each individual has a right to freedom. In mistaking libertarian moral claims as a set of policy prescriptions, Wilkinson complains that idealistic policy prescriptions not only fail to take account of how those who disagree will respond to such policies if implemented, but also thereby undermines the justice of those policies in the first instance. Wilkinson proposes that change in the direction of freedom must go through the proper channels of actually-existing democratic legitimacy. It as this stage that Wilkinson’s project comes into direct conflict with libertarianism. Whilst libertarianism is not committed to any particular method of creating a free society under non-ideal conditions, and therefore does not rule out democratic political activism as one among many means of doing that, it cannot be committed to the permanence of democratic political authority, and this is what Wilkinson’s neoliberalism demands above all else. It turns out that Foucault’s characterization of neoliberalism long ago is still accurate to Wilkinson’s own view: that neoliberalism is not about creating a society of free individuals, it is about designing the state apparatus in ways that are inspired by the workings of free society – it is about legitimizing the chains, not breaking them. Neoliberalism is not a pragmatic alternative to libertarianism, but rather a gross misapplication of it. (shrink)

Certainly principles of criminal liability may be understood as rules or norms outlining orders or prohibitions and standing out among other norms with their weight, for legal culture, legal doctrine, etc. In such a classic approach they are norms defining basic rights and obligations in the applicable criminal law. However, is it the only possible and cognitively interesting meaning of the word “principle” in jurisprudence? From the semiotic point of view, they can occur in three forms: special-kind norms, teleological directives, (...) rules which constitute valid performance of conventional activities. In an extra-directival sense these principles may be understood as models-descriptions of shaping the system of criminal law. From a theoretical and practical point of view principles addressed to the legislator are extremely weighty—they can be called rules constructing the system of criminal liability. These all problems are discussed in the article. (shrink)

Most people who defend physician-assisted death (PAD) endorse the Joint View, which holds that two conditions—autonomy and welfare—must be satisfied for PAD to be justified. In this paper, we defend an Autonomy Only view. We argue that the welfare condition is either otiose on the most plausible account of the autonomy condition, or else is implausibly restrictive, particularly once we account for the broad range of reasons patients cite for desiring PAD, such as “tired of life” cases. Moreover, many of (...) the common objections to an Autonomy Only view fail once we understand the extent of the autonomy condition’s requirements—in particular, the importance of one’s values for autonomous choices. If our view is correct, then the scope of permissible PAD is broader than is currently accepted in both the philosophical literature and the law, and therefore poses an important challenge to this widely accepted view on justified PAD. (shrink)

Karl Popper is famous for favoring an open society, one in which the individual is treated as an end in himself and social arrangements are subjected to critical evaluation, which he defends largely by appeal to a Kantian ethic of respecting the dignity of rational beings. In this essay, I consider for the first time what the implications of a characteristically African ethic, instead prescribing respect for our capacity to relate communally, are for how the state should operate in an (...) open society. I argue that while an under-appreciated Afro-communal moral foundation does not prescribe a closed society, it supports an open society politics and law of a sort different from the one that Popper specifies. For Popper, the state in an open society should improve social arrangements albeit without seeking to promote a particular conception of the good life, should protect rights that merely serve the function of facilitating individual choice, and should employ majoritarian democracy to be able to avoid unwelcome rulers and policies. On all three counts, I show that a relational ethic typical of the African philosophical tradition, but having broad intuitive appeal, entails different, intuitively attractive approaches to politics and law. (shrink)

Reading Foucault’s work on power and subjectivity alongside “developmentalist” approaches to evolutionary biology, this article endorses poststructuralist critiques of political ideals grounded in the value of subjective agency. Many political theorists embrace such critiques, of course, but those who do are often skeptical of liberal democracy, and even of normative theory itself. By contrast, those who are left to theorize liberal democracy tend to reject or ignore poststructuralist insights, and have continued to employ dubious ontological assumptions regarding human agents. Against (...) both groups, I argue that Foucault’s poststructuralism must be taken seriously, but that it is ultimately consistent with normative theory and liberal democracy. Linking poststructuralist attempts to transcend the dichotomy between agency and structure with recent efforts by evolutionary theorists to dissolve a similarly stubborn opposition between nature and nurture, I develop an anti-essentialist account of human nature and agency that vindicates poststructuralist criticism while enabling a novel defense of liberal democracy. (shrink)

When are we morally obligated as a society to help the homeless, and is coercive interference justified when help is not asked for, even refused? To answer this question, we propose a comprehensive taxonomy of different types of homelessness and argue that different levels of autonomy allow for interventions with varying degrees of pressure to accept help. There are only two categories, however, where paternalism proper is allowed, be it heavily qualified. The first case is the homeless person with severely (...) diminished autonomy as a result of mental illness, and the second case is the homeless person who runs a risk of serious and imminent harm to self. In the first case, namely, that of soft paternalism, we argue that coercive intervention in the case of a refusal to accept help should be focused on the provision of housing that meets basic needs—needs that we outline in the article. In the case of imminent and severe harm to self, the case of hard paternalism, we argue that forced intervention can only be allowed if it is temporary and local, namely focused on getting someone out of harm’s way. (shrink)

We start by surveying the different issues that fall under the umbrella of ‘multiculturalism’. We then sketch the trajectory of British multiculturalism since 1945, and examine its broader legal and philosophical contexts. This narrative highlights the empirical and theoretical connections between multiculturalism and decolonisation, and that the conceptualisation of multiculturalism in political theory is more wide-ranging than in law or policy. This helps foreground neglected aspects of British multiculturalism in policy and law, and suggests we should widen the philosophical scope (...) of multiculturalism even further. We then summarise the papers and draw out the connections between them. We argue that a deeper understanding of contemporary British multiculturalism inexorably leads us back to fundamental philosophical and practical questions regarding the structure and purpose of the British polity, and conclude that this indicates the need for greater polycentricity in governance. (shrink)

Most familiar approaches to social conflict moot reasonable ways of dealing with conflict, ways that aim to serve values such as legitimacy, justice, morality, fairness, fidelity to individual preferences, and so on. In this paper, I explore an alternative approach to social conflict that contrasts with the leading approaches of Rawlsians, perfectionists, and social choice theorists. The proposed approach takes intrinsic features of the conflict— what I call a conflict’s evaluative ‘structure’—as grounds for a rational way of responding to that (...) conflict. Like conflict within a single person, social conflict can have a distinctive evaluative structure that supports certain rational responses over others. I suggest that one common structure in both intra- and interpersonal cases of conflict supports the rational response of ‘self-governance’. Self-governance in the case of social conflict involves a society’s deliberating over the question, ‘What kind of society should we be?’ In liberal democracies, this rational response is also a reasonable one. (shrink)

It is often claimed that liberalism is falsely and perniciously universalist. I take this charge seriously, exploring three positions: the communitarians’, Rorty’s, and that of “comprehensive” liberalism. After explaining why universalism is thought impossible, I examine the communitarian view that value is determined within communities and argue that it results in a form of relativism that is unacceptable. I next discuss Richard Rorty’s liberal acceptance of “conventionalism” and explain how, despite his rejection of universalism, Rorty remains a liberal. I then (...) present a defense of universalism, based in part on arguments that parallel Thomas Nagel’s arguments in defense of a “view from nowhere” and Jean Hampton’s objectivist arguments against Rawls’s moves to a “merely political” theory. That defense requires that we can distance ourselves from our ends to make moral judgments shorn of all partialities. (shrink)

The capability approach is one of the main contenders in the field of theorizing social justice. Each citizen is entitled to a set of basic capabilities. But which are these? Martha Nussbaum formulated a set of ten central capabilities. Amartya Sen argued they should be selected in a process of public reasoning. Critics object that the Nussbaum-approach is too perfectionist and the Sen-approach is too proceduralist. This paper presents a third alternative: a substantive but non-perfectionist capability theory of justice. It (...) presents a two-level concept of individual agency as connected to social practices. It then argues basic capabilities are those necessary to for the agency necessary to navigate freely and autonomously between different social practices. (shrink)

This article adapts John Rawls’s writings, arguing that past injustice can change what we ought to publicly affirm as the standard of justice today. My approach differs from forward-looking approaches based on alleviating prospective disadvantage and backward-looking historical entitlement approaches. In different contexts, Rawls’s own concern for the ‘social bases of self-respect’ and equal citizenship may require public endorsement of different principles or specifications of the standard of justice. Rawls’s difference principle focuses on the least advantaged socioeconomic group. I argue (...) that a historicized difference principle considers the relative standing of racial, gender, and other historically stigmatized groups; provides their members assurance by weakening incentives to manipulate justice to another group’s advantage; and may result in policies resembling reparations, though justified by forward-looking considerations of self-respect and public assurance. I then examine how disrespectful justifications were historically used to forcibly include indigenous peoples as citizens. While Rawls thinks providing citizens one package of basic liberties signals respect, indigenous self-government could better support self-respect. I invoke Rawlsian international justice, which calls for mutual respect between peoples. Indigenous peoples’ status should reflect their past and persisting peoplehood, providing assurance by weakening incentives to unjustly transform international into domestic contexts. (shrink)

Two normative principles of toleration are offered, one individual-regarding, the other group-regarding. The first is John Stuart Mill’s harm principle; the other is “Principle T,” meant to be the harm principle writ large. It is argued that the state should tolerate autonomous sacrifices of autonomy, including instances where an individual rationally chooses to be enslaved, lobotomized, or killed. Consistent with that, it is argued that the state should tolerate internal restrictions within minority groups even where these prevent autonomy promotion of (...) members of the group. Finally, it is argued that toleration excludes external protections of minority groups. (shrink)

While there is a growing body of work on moral issues and global governance in the fields of global justice and international relations, little work has connected principles of global health justice with those of global health governance for a theory of global health. Such a theory would enable analysis and evaluation of the current global health system and would ethically and empirically ground proposals for reforming it to more closely align with moral values. Global health governance has been framed (...) as an issue of national security, human security, human rights, and global public goods. The global health governance literature is essentially untethered to a theorized framework to illuminate or evaluate governance. This article ties global health justice and ethics to principles for governing the global health realm, developing a theoretical framework for global and domestic institutions and actors. (shrink)

Isaiah Berlin is a classic name in political theory, but does he have anything to teach us about international relations? In the Cold War he was a realist disciple of the containment doctrine, indeed a more hawkish container than his friend George Kennan, at least until he saw what was happening in Vietnam. In the aftermath of the Cold War, confronted with an outburst of resurgent nationalism, he seemed more like a utopian idealist, dreaming with Herder of a world of (...) cultural harmony. But that dream is undermined by his own value pluralism, which points towards something more rigorous and interesting, a case for liberal internationalism in tension with its realist rival. From a value-pluralist point of view, realism tends towards moral monism, and liberal internationalism is normatively the more balanced view. However, liberals should still take seriously the central realist insight that security is an especially important value in the anarchic international context. (shrink)

The notion of transgenerational community is usually based on two diachronic interactions. The first interaction consists of present generations taking up the legacy (not only economic, but also institutional, artistic, cultural, and so forth) of past generations and giving it continuity, exercising a form of active agency. The second interaction occurs when present generations pass on their legacy to future generations. This is supposed to expand the boundaries of the community in a transgenerational sense (both backward- and forward-looking). In this (...) article we argue that the transgenerational community can be grounded on a different ontological insight: future generations play the role of fictional actors for present generations, i.e., present generations entertain a present-time interaction with future generations, insofar as future generations are functional for the realization of transgenerational actions. This lays the foundations for more solid community-based bonds of intergenerational justice. (shrink)

We defend the moral and legal right to secede in accordance with plebiscitary theory. Our paper has three main goals. First, by offering a schematic characterization of plebiscitary theory, the main arguments in its favour (and the main objections to them), we contribute to clarify the structure of this complex debate. Second, we stress the point that, if the moral right to secede is established, the resistance for its inclusion into positive law is unjustified. Finally, by addressing old and new (...) objections to plebiscitary theory, we hope to make a compelling case for a wider recognition of secessionist rights. (shrink)

This paper addresses the justice of national self-determination claims and defends a right to self-determination rendered as both a primary right, meaning that it does not require grievances or injustices, and a prima facie right, meaning that it is defeasible by the presence of injustices or the prospect of baneful consequences. The paper’s distinct contribution lies in the ground of this right, arguing that autonomy is not alone sufficient and that a better grounding can be found in a common civic (...) life, understood as a species of the basic good of interpersonal harmony. This basic good, and the norm of self-determination that protects it, rest on the foundation of natural law. The paper manifests the collection’s focus on liberty and security by exploring the claims for liberty proffered by a group desiring collective political autonomy, claims that bear upon the security of the group’s members, the security and liberty of minorities and of people liable to be subjected to illiberal practices, and the security of all who would experience war and violence in conflicts over self-determination. (shrink)

The death of multiculturalism has been pronounced many times. In spite of this, this political program has proven resilient and the fact of cultural diversity remains inescapable in most liberal democracies. Still, with the rise of the far right, the migrant crises in the United States and Europe and with social movements pushing the boundaries of multicultural theory, it is high time to review multiculturalism, a movement of the late 20th century, and see where it is headed in the 21st (...) century. This article has two objectives. First, after reviewing three debates—anti‐essentialists versus multiculturalism, interculturalism versus multiculturalism and multiculturalism versus the welfare state—I argue that the normative core of multiculturalism is still viable. Second, I argue that multiculturalism remains unable to contribute to some of the most pressing issues of the 21st century and point to a novel approach to the justification of multicultural policies. This justification relies on the concept of vulnerability, a concept that plays an important but undertheorized role in current multicultural theories. (shrink)

Recent scholarly attention to ‘legitimate expectations’ and their role in legal transitions has yielded widely varying principles for distinguishing between legitimate and non-legitimate expectations. This article suggests that methodological reflection may facilitate substantive progress in the debate. Specifically, it proposes and defends the use of a wide reflective equilibrium methodology for constructing, justifying and critiquing theories of legitimate expectations and other kinds of normative theories about legal transitions. The methodology involves three levels of analysis — normative principles, their theoretical antecedents, (...) and considered judgements about their implications in specific cases — and iteration between these three levels in an effort to ensure coherence. The payoffs from applying this methodology to the legitimate expectations debate are illustrated through a discussion of examples from the existing literature. Some proposed innovations to the methodology, including the incorporation of insights from the ideal/non-ideal theory debate, are likely to be of wider interest to political theorists. (shrink)

Faith in the universal moral equality of people enjoys close to unanimous consensus in present moral and political philosophy. Yet its philosophical justification remains precarious. The search for the basis of equality encounters insurmountable difficulties. Nothing short of a miracle seems required to stabilize universal equality in moral status amidst a vast space of distinctions sprawling between people. The difficulties of stabilizing equality against differentiation are not specific to any particular choice regarding the basis of equality. To show this, I (...) will provide a general diagnosis of the difficulty together with its application to the arguably best attempt at a solution, namely to ground moral equality in a form of subjectivity. In his recent book Equality for Nonegalitarians, George Sher advances the view that “we are moral equals because we are equally centers of consciousness. …The fact that we are equals in this respect—that each is a world unto himself—…explains why each person’s interests are of equal moral importance”. Yet the worlds we are unto ourselves can no more withstand the force of differentiation than previous candidates suggested in the literature, and the reasons why run deeper than even some critics have recognized. The prospects for vindicating universal moral equality remain bleak. (shrink)