Toleration is one of the fundamental principles that inform the design of a democratic and liberal society. Unfortunately, its adoption seems inconsistent with the adoption of paternalistically benevolent policies, which represent a valuable mechanism to improve individuals’ well-being. In this paper, I refer to this tension as the dilemma of toleration. The dilemma is not new. It arises when an agent A would like to be tolerant and respectful towards another agent B’s choices but, at the same time, A is (...) altruistically concerned that a particular course of action would harm, or at least not improve, B’s well-being, so A would also like to be helpful and seeks to ensure that B does not pursue such course of action, for B’s sake and even against B’s consent. In the article, I clarify the specific nature of the dilemma and show that several forms of paternalism, including those based on ethics by design and structural nudging, may not be suitable to resolve it. I then argue that one form of paternalism, based on pro-ethical design, can be compatible with toleration and hence with the respect for B’s choices, by operating only at the informational and not at the structural level of a choice architecture. This provides a successful resolution of the dilemma, showing that tolerant paternalism is not an oxymoron but a viable approach to the design of a democratic and liberal society. (shrink)

Abstract:The central problems of political philosophy (e.g., legitimate authority, distributive justice) mirror the central problems of business ethics. The question naturally arises: should political theories be applied to problems in business ethics? If a version of egalitarianism is the correct theory of justice for states, for example, does it follow that it is the correct theory of justice for businesses? If states should be democratically governed by their citizens, should businesses be democratically managed by their employees? Most theorists who have (...) considered these questions, including John Rawls inPolitical Liberalism, and Robert Phillips and Joshua Margolis in a 1999 article, have said “no.” They claim that states and businesses are different kinds of entities, and hence require different theories of justice. I challenge this claim. While businesses differ from states, the difference is one of degree, not one of kind. Business ethics has much to learn from political philosophy. (shrink)

In her Remarks Upon Some Writers (1743), Catharine Trotter Cockburn takes a seemingly radical stance by asserting that it is possible for atheists to be virtuous. In this paper, I examine whether or not Cockburn’s views concerning atheism commit her to a naturalistic ethics and a so-called radical enlightenment position on the independence of morality and religion. First, I examine her response to William Warburton’s critique of Pierre Bayle’s arguments concerning the possibility of a society of virtuous atheists. I argue (...) that this response shows Cockburn vacillating between a moral naturalism, on the one hand, and a theistic morality, on the other. Second, I draw on Cockburn’s letters to her niece Ann Arbuthnot, and her opinions concerning mystical ideas about “the will of God” in north-east Scotland in the mid-eighteenth century. I maintain that these letters give us a fuller appreciation of Cockburn’s naturalistic position. My conclusion is that Cockburn’s ideas concerning atheism prompt us to consider the close interplay between secular and religious principles in so-called radical ideas of the period. (shrink)

The proper role, if any, for religion-based arguments is a live and sometimes heated issue within the field of bioethics. The issue attracts heat primarily because bioethical analyses influence the outcomes of controversial court cases and help shape legislation in sensitive biopolicy areas. A problem for religious bioethicists who seek to influence biopolicy is that there is now widespread academic and public acceptance, at least within liberal democracies, that the state should not base its policies on any particular religion’s metaphysical (...) claims or esoteric moral system. In response, bioethicists motivated by religious concerns have adopted two identifiable strategies. Sometimes they rely on slippery-slope arguments that, sometimes at least, have empirically testable premises. A more questionable response is the manipulation and misuse of secular-sounding moral language, such as references to “human dignity,” and the plights of groups of people labeled “vulnerable.”. (shrink)

The recent global movement for women's human rights has achieved considerable re-thinking of human rights as previously understood. Since many of women's rights violations occur in the private sphere of family life, and are justified by appeals to cultural or religious norms, both families and cultures (including their religious aspects) have come under critical scrutiny.

This article aims to provide a critical map of toleration as it is displayed in contemporary democracy. It does so by presenting three conceptions of toleration to which current practices of toleration can be traced, and, precisely, these are the standard notion, the political conception based on the neutrality principle, and toleration as recognition. The author argues that the latter is the appropriate conception to address the politically relevant issues of toleration arising in pluralistic democracy, while the first is adequate (...) only for social relations. In order to illustrate this argument, she presents a case of a contested and never solved request for a place of worship by the Muslims of Vercelli which represents an example of a very restricted and minimal interpretation of the standard notion, labeled ‘disrespectful tolerance’. The case is meant to show that unacceptable forms of toleration are still practised, and that the standard notion, here interpreted in the most minimal and negative way, is inappropriate for democratic politics. (shrink)

Full-Blooded religion is not acceptable in mainstream bioethics. This article excavates the cultural history that led to the suppression of religion in bioethics. Bioethicists typically fall into one of the following camps. 1) The irreligious, who advocate for suppressing religion, as do Timothy F. Murphy, Sam Harris, and Richard Dawkins. This irreligious camp assumes American Fundamentalist Protestantism is the real substance of all religions. 2) Religious bioethicists, who defend religion by emphasizing its functions and diminishing its metaphysical commitments. Religious defenders (...) empty religion of its theology to present its feel-good functions in a way that is acceptable to the irreligious. However, religion reduced to its functions dissolves into a counter-culture that may counteract materialism but lacks the power to motivate much more. This article criticizes both camps, as both presume Enlightenment myths and consequently neuter religion. Both irreligious and religious bioethicists commonly presume Enlightenment myths about secularity and religion. Secularity is presumed neutral and rational. Religion is presumed divisive and irrational. This myth provides built-in value-judgements; we have already judged secularity as good and religion as bad. Much of the debate over religion in bioethics is arguing over false stereotypes of religion. Consequently, mainstream bioethics neuters religion, while the irreligious are gifted political power to define the field. (shrink)

In a thought-provoking paper, Schuklenk and Smalling argue that no right to conscientious objection should be granted to medical professionals. First, they hold that it is impossible to assess either the truth of conscience-based claims or the sincerity of the objectors. Second, even a fettered right to conscientious refusal inevitably has adverse effects on the rights of patients. We argue that the main problem with their position is that it is not derived from a broader reflection on the meaning and (...) implications of freedom of conscience and reasonable accommodation. We point out that they collapse two related but distinct questions, that is, the subjective conception of freedom of conscience and the sincerity test. We note that they do not successfully show that the standard norm according to which exemption claims should not impose undue hardship on others is unworkable. We suggest that the main reason why arguments such as no one is forced to be a medical professional are flawed is that public norms should not constrain citizens to choose between two of their basic rights unless it is necessary. In fine, Schuklenk and Smalling, who see conscience claims as arbitrary dislikes, sell freedom of conscience short and forego any attempts at balancing the competing rights involved. We maintain the authors neglect that most of legal reasoning is contextual and that the blanket restriction of healthcare professionals' freedom of conscience is disproportionate. (shrink)

Hobbes believed that the state of nature would be a war of all against all. Locke denied this, but acknowledged that in the absence of government, peace is insecure. In this paper, I analyse both accounts of the state of nature through the lens of classical and experimental game theory, drawing especially on evidence concerning the effects of punishment in public goods games. My analysis suggests that we need government not to keep wicked or relentlessly self-interested individuals in line, but (...) rather to maintain peace among those who disagree about morality. (shrink)

One of the pressing challenges we face today—in a post-Westphalian order and post-Bretton Woods world —is how to design the right kind of MAS that can take full advantage of the socio-economic and political progress made so far, while dealing successfully with the new global challenges that are undermining the best legacy of that very progress. This is the topic of the article. In it, I argue that in order to design the right kind of MAS, we need to design (...) the right kind of norms that constitute them; in order to design the right kind of constitutive norms, we need to identify and adopt the right kind of principles of normative design; toleration is one of those principles; unfortunately, its role as a foundation for the design of norms has been undermined by the “paradox of toleration”; however, the paradox can be solved; so toleration can be re-instated as the right kind of foundational principle for the design of the right kind of norms that can constitute the right kind of MAS that can operate across cultures, societies and states, to help us to tackle the new global challenges facing us. (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)

This paper considers the philosophical foundations of the law relating to migration. It examines the kinds of reasons that might justify the restriction of liberty as people move about on the face of the earth—something humans have done since time immemorial. The paper also examines the various interests that might be at stake in moral calculations regarding migration: economic interests, cultural interests, religious interests, or just sheer preferences. Drawing on the work of Locke, Kant, and Sidgwick, it considers conceptions like (...) common ownership of the earth, the right of hospitality, and the difference between defending property and restricting access to economic interaction. The paper also considers the ambiguity of the commonly heard slogan that states by definition have a right to control their borders. (shrink)

Cultural diversity is an increasingly important phenomenon that affects not only social and political harmony but also the cohesion and efficiency of organisations. The problems that firms have with regard to managing cultural diversity have been abundantly studied in recent decades from the perspectives of management theory and moral philosophy, but there are still open questions that require deeper reflection and broader empirical analysis. Managing cultural diversity in organisations is of prime importance because it involves harmonising different values, beliefs, credos (...) and customs, and, in essence, human identity. Taking into consideration these cultural differences and harmonising them is a human rights issue and a central dimension of corporate social responsibility. Here we are going to focus on theoretical reflection about the ideas that lie behind corporate policies and organisational initiatives that deal with cultural diversity. The aim of our paper is twofold: to present a critical reflection on the ideology of tolerance, and propose an ideology of respect for dealing with cultural diversity. We start by presenting the plurality of interpretations of the concept of ideology, and justify its applicability to the field of cultural diversity. We then reflect on the differences between “tolerance” and “respect” and identifying the practical implications for managing cultural diversity. And finally, we propose a culture of respect that goes beyond tolerance and complements and legitimizes the “business case” perspective for managing cultural diversity in companies. The ideology of respect is based on the Kantian tradition and on the discursive approach where rational dialogue and argumentation are considered the legitimate process for creating a culture of intercultural respect. From this theoretical discussion of the key philosophical concepts we can suggest some general principles for managing cultural diversity in organisations. (shrink)

In light of technology that may reveal the content of a person’s innermost thoughts, I address the question of whether there is a right to ‘brain privacy’—a right not to have one’s inner thoughts revealed to others–even if exposing these thoughts might be beneficial to society. I draw on a conception of privacy as the ability to control who has access to information about oneself and to an account that connects one’s interest in privacy to one’s interests in autonomy and (...) associated reputational interests, and preserving one’s dignity. Focusing on the controversial case of Gilberto Valle, known as the ‘cannibal cop’, who faced legal punishment and moral reproach for deeply disturbing thoughts of doing violence to women, thoughts he claimed were mere fantasies, I argue that Valle has a right to brain privacy if he has a legitimate privacy interest that is not outweighed by competing societal interests in avoiding harm. Our weighing of competing privacy and societal interests will depend on the magnitude of the privacy interests in autonomy and dignity, and on how reliable the technology used to expose inner thoughts is in predicting future harmful behavior and identifying true threats. (shrink)

I consider whether Mill intends for us to see the arguments that constitute his defense of the “Liberty of Thought and Discussion” in chapter 2 ofOn Libertyas a part of his larger case for the “harm” or “liberty” principle (LP). Several commentators depict this chapter as a digression that interrupts the flow between his introduction of this principle in the first chapter and his exposition and defense of it in the final three. I will argue instead for a reading ofOn (...) Libertyon which chapter 2 is well integrated with the rest of the essay and is in fact where Mill starts constructing his case for LP. (shrink)

The philosophical tradition of liberal political thought has come to see tolerance as a crucial element of a liberal political order. However, while much has been made of the value of toleration, little work has been done on individual-level motivations for tolerant behavior. In this article, we seek to develop an account of the rational motivations for toleration and of where the limits of toleration lie. We first present a very simple model of rational motivations for toleration. Key to this (...) model is an application of David Ricardo’s model of trade to thinking about toleration. This model supports the claim that we always have reasons to be as tolerant as possible. We then explore why we do not always see tolerant attitudes in the actual world, and point to some potential preconditions for toleration that the initial model does not capture. Subsequently, we examine a more detailed model that allows us to investigate more carefully the conditions under which tolerant behavior can be rewarded. We conclude by arguing that a consideration of self-interested motivations for toleration is essential to the success of a robust theory of toleration for a diverse society, but that even this approach has its limitations. (shrink)

John Locke is acknowledged to be one of the theoretical founders of the separation of church and state, a distinguishing feature of modern liberal democracies. Though Locke’s arguments for the merits of such separation have been subject to extensive investigation, his argument for its feasibility has remained relatively unexamined. This article argues that Locke was confident that separation of church and state can successfully be implemented in all times and places because of his epistemological and psychological insights that human beings (...) are moved to act by unease and that separating church and state removes the unease that causes religiously based political instability. We conclude by noting that Locke’s understanding of unease is foundational for his larger ambition to secure political liberty. (shrink)

In Two Faces of Liberalism, John Gray pursues the dual agenda of condemning familiar liberal theories for perpetuating the failed “Enlightenment project,” and promoting his own version of anti‐Enlightenment liberalism, which he calls “modus vivendi.” However, Gray's critical apparatus is insufficient to capture accurately the highly influential “political” liberalism of John Rawls. Moreover, Gray's modus vivendi faces serious challenges raised by Rawls concerning stability. In order to respond to the Rawlsian objections, Gray would have to reinstate the aspirations and principles (...) characteristic of Enlightenment theories of liberalism. (shrink)

This paper discusses the role of religious speech in the public square and the common school. It argues for more openness to political theology than many liberals are willing to grant and for an educational strategy of engagement over one of avoidance. The paper argues that the exclusion of religious debate from the public square has dysfunctional consequences. It discusses Rawls’s more recent views on public reason and claims that, while they are not altogether adequate, they are consistent with engagement. (...) The outcome of these arguments is applied to three ‘hot button’ issues in US education: creationism, an issue of gay rights, and teaching the Bible in schools. (shrink)

I argue that there is a mutually illuminating parallel between the concept of obedience and the concept of believing a person. Just as both believing what a person says and believing what a person says for the reason that the person says it are insufficient for believing the person, so acting as a person demands and acting as a person demands for the reason that the person demands it are insufficient for obeying the person. Unlike the concept of believing a (...) person, however, the concept of obedience has two distinct senses, one applying to coerced action and one applying to non-coerced action based on authoritative directives. While the former sense of obedience has no theoretical analogue, the latter sense of obedience can be understood as the practical analogue of the theoretical case of believing a person, making room for a deep parallel between believing and acting on authority. (shrink)

After a brief sketch of the history of philosophical pragmatism generally, and of legal pragmatism specifically (section 1), this paper develops a new, neo-classical legal pragmatism: a theory of law drawing in part on Holmes, but also on ideas from the classical pragmatist tradition in philosophy. Main themes are the "pluralistic universe" of law (section 2); the evolution of legal systems (section 3); the place of logic in the law (section 4); and the relation of law and morality (section 5).

This paper argues that political civility is actually an illusionistic ideal and that, as such, realism counsels that we acknowledge both its promise and peril. Political civility is, I will argue, a tension-filled ideal. We have good normative reasons to strive for and encourage more civil political interactions, as they model our acknowledgement of others as equal citizens and facilitate high-quality democratic problem-solving. But we must simultaneously be attuned to civility’s limitations, its possible pernicious side-effects, and its potential for strategic (...) manipulation and oppressive abuse, particularly in contemporary, pluralistic and heterogeneous societies. (shrink)

In Why Tolerate Religion?, Brian Leiter argues against the special legal status of religion, claiming that religion should not be the only ground for exemptions to the law and that this form of protection should be, in principle, available for the claims of secular conscience as well. However, in the last chapter of his book, he objects to a universal regime of exemptions for both religious and secular claims of conscience, highlighting the practical and moral flaws associated with it. We (...) believe that Leiter identifies a genuine and important contemporary legal and philosophical problem. We find much to admire in his reasoning. However, we raise questions about two claims that are crucial for his argument. The first claim is that it is not religion as such, but conscience that deserves toleration and respect. The second claim is that respect for religion and conscience demands ‘principled toleration’ but does not entail stronger policies of legal exemptions. Against the first claim, we argue that Leiter does not successfully distinguish religious belief from secular conscience and morality; and he does not explain why secular conscience deserves respect. Against the second claim, we argue that the most promising theories of legal exemptions are not classical theories of liberal toleration. (shrink)

This paper reviews arguments concerning the relation between relativism and tolerance, both whether tolerance entails relativism, and whether relativism entails tolerance. Two new arguments are offered to support the contention that there is no necessary relation between relativism and tolerance. In particular, building on the classic argument by Geoffrey Harrison, this paper argues that even if there is no strict dichotomy between facts and values, as Harrison had assumed, relativism still does not entail tolerance for every relativized perspective.

The article focuses on examining the distinct nature of persecution. In the article I argue that on the grounds of common historical cases of persecution an account of the core components of the concept may be established. The core comprises three central elements: asymmetrical and systemic threat, severe and sustained harm, and unjust discriminatory targeting. I will conclude the paper by suggesting that none of the components alone make persecution anything distinct. However, the simultaneous occurrence of the components may be (...) argued to amount to a separable class of harms that are among the worst-case scenarios for those having to endure them. (shrink)

Climate change presents an unprecedented and existential threat. Proposals addressing this threat are criticized as impractical, costly, and/or beyond the legitimate scope of government power. We engage the latter critique by turning to John Locke's writings. Locke is both a proponent of limited government and profoundly influential on liberal democracies. He argues that government exists solely to enforce the natural law, and in doing so, protects life, liberty, and property. While Locke presents the Earth's resources as existing to be exploited, (...) he limits property acquisition, arguing that natural law prohibits spoilage and requires that we leave ample, quality resources for others to utilize. We argue that since these caveats are part of the natural law, government is obligated to take comprehensive action addressing climate change. (shrink)

ABSTRACT Locke’s Letter on Tolerance has been a controversial issue since the seventeenth century: its defense of tolerance compromises restricting atheists and Catholics, which would attain religious freedom, one of the highest values of liberal theory. Taking this issue as its central, the purpose of this article is to think about this tension in Locke’s political thinking. In order to collaborate with this debate, the text is divided in two parts: in the first one, the various meanings of what Locke (...) understands by atheist will be presented in his different political texts; in the second, we will analyze the importance of religion in Lockean political thought. (shrink)

How can we make moral sense of the international humanitarian law doctrine of combatant immunity? The doctrine is morally shocking to many: It holds soldiers on both sides of a war immune from criminal prosecution for their otherwise criminal acts of killing, maiming, destroying property, etc., carried out as part of their country's war effort. That is, soldiers who kill as part of an attack benefit from the immunity just as much as those defending their country. Traditionally, just war theorists (...) have tried to provide situation‐specific arguments to show that soldiers on both sides had a good moral justification for their actions. Recently, self‐styled “revisionist just war theorists” have suggested that the doctrine of combatant immunity is just a convention designed to minimize harm. In this article, I suggest that the moral foundation of the doctrine lies in the status of soldiers as public officials in the service of their country. The reason why we hold them immune from prosecution for their war‐making acts is that such acts are properly thought of as acts of a state, rather than as acts of a particular individual. And the reason why states are immune from prosecution for their acts is one of moral standing: No other state has the moral standing to tell another how to carry out the matters that define its jurisdiction. So as long as a country deems (however implausibly) that it must use force to defend itself from aggression, then it may do what is required to defend itself. No other state has the standing to prohibit such acts or to punish those who carry them out. This argument is rooted in an understanding of how individuals may interact as free and equal under law. It does not aim at the perfection of human action, but it does serve to eliminate the worst forms of tyranny. (shrink)

Research Articles Eric Mack, Social Philosophy and Policy, FirstView Article.

H. Tristram Engelhardt, Jr.; Medicine, Philosophy, and Theology: Christian Bioethics Reconsidered, Christian bioethics: Non-Ecumenical Studies in Medical Morali.

In May 2017, yet another South African university became a site of hate speech. Three students chose to display Nazi-inspired posters, which advertised an ‘Anglo-Afrikaner student’ event, under the motto ‘Fight for Stellenbosch’. That the posters provoked the response which it so obviously sought, was evident in the student outrage, and the swift condemnation from university management. Neither the prevalence of hate speech, nor its predictable responses, is new. The central concern of this article is to consider the extent to (...) which tolerance can offer a plausible response to hate speech. The questions which arise, however, are: Does the right to divergent viewpoints hold the same legitimacy as antagonistic ones? When is the boundary between legitimate and hate speech breached? Does a democracy imply the tolerance of all forms of speech? Or, are there limits to the forms of speech that a democracy ought to tolerate? (shrink)

In the past few decades, liberal and democratic thought has been subjected to attacks from the adherents of nationalism, populism, and social radicalism. Much of these attacks involve suspicions about liberalism’s association with the contents and purveyors of structured knowledge, scientific and humanistic alike. I suggest that an examination of the history of liberal beliefs may add to our understanding of what is at stake. Such an examination may reveal how liberal thought in the twentieth century shifted away from its (...) earlier individualist and constitutional position towards the pluralist position that grants a special place to educated knowledge, to experts and professionals, and thus invites allegations of elitism. In particular, I focus on the differences between the ideas that conventional liberal authors elaborated during early modernity and the nineteenth century, on the one hand, and the version of liberal values and the polity based on them that were tacitly adopted during the mid-twentieth century, on the other hand. The examination involves highlighting the common denominators of mid-century authors on right, left, and centre, such as Laski, Popper and Hayek, as well as asking what in their shared worldview could attract allegations of elitism from later generations. (shrink)

The aim of this article is to consider the prospects of a liberal conception of religious freedom in some Muslim-majority states. Part I offers a brief sketch of three approaches to religious freedom that inform my view. Part II then presents a liberal framework for religious toleration that draws ideas from Rainer Forst’s Toleration in Conflict, as well as some perennial themes in classical liberal thought. I briefly examine three case studies in Part III: the Turkish Republic; the Arab Spring (...) states; and the post-Soviet republics of Central Asia. This is followed by a short conclusion. (shrink)

Democratic theorists are usually dismissive about the idea that citizens act “through” their representatives and often hold persons to exercise true political agency only at intervals in elections. Yet, if we want to understand representative government as a proper form of democracy and not just a periodical selection of elites, continuous popular agency must be a feature of representation. This article explores the Kantian attempt to justify that people can act “through” representatives. I call this the “exercise view” of representation (...) and defend its superiority to the “opportunity view,” which I attribute to Locke. It is superior because it has a robust conception of rationality and collective action, allowing us to understand how representation can mediate public reason. (shrink)

A philosophical genealogy of the development of liberal 'arts of government' through the work of John Locke and Michel Foucault.

In Beyond Neutrality, George Sher criticises the idea that state neutrality between competing conceptions of the good helps protect society from oppression. While he is correct that some governments are non-neutral without being oppressive, I argue that those governments may be neutral at the core of their foundations. The possibility of non-neutrality leading to oppression is further explored; some conceptions of the good would favour oppression while others would not. While it is possible that a non-neutral state may avoid oppression, (...) it is argued that the risks are so great that it is better to bet on government being neutral, thereby minimizing the possibility of oppression. (shrink)

Recently, scholars have disputed whether Locke's political theory should be read as the groundwork of secular liberalism or as a Protestant political theology. Focusing on Locke's mature theory of toleration, the article raises a central question: What if these two readings are compatible? That is, what would be the consequences if Locke's political philosophy has theological foundations, but has also given shape to secular liberalism? Examining Locke's theory in the Letter Concerning Toleration (1689), the article argues that this is indeed (...) the case. The liberal model of toleration is a secularization of the theology of Christian liberty and its division of society into a temporal political kingdom and the spiritual kingdom of Christ. Therefore, when liberal toleration travels beyond the boundaries of the Christian West or when western societies become multicultural, it threatens to lose its intelligibility. (shrink)

Recently, scholars have disputed whether Locke's political theory should be read as the groundwork of secular liberalism or as a Protestant political theology. Focusing on Locke's mature theory of toleration, the article raises a central question: What if these two readings are compatible? That is, what would be the consequences if Locke's political philosophy has theological foundations, but has also given shape to secular liberalism? Examining Locke's theory in the Letter Concerning Toleration , the article argues that this is indeed (...) the case. The liberal model of toleration is a secularization of the theology of Christian liberty and its division of society into a temporal political kingdom and the spiritual kingdom of Christ. Therefore, when liberal toleration travels beyond the boundaries of the Christian West or when western societies become multicultural, it threatens to lose its intelligibility. (shrink)

ABSTRACT Liberal theory has failed to provide theocrats who are aggrieved by the sinful practices widespread in liberal societies good reasons to tolerate these sins. Moreover, liberal theory has faltered in identifying grounds on which to impose regulations that violate theocrats? religious doctrines. These challenges must be met if liberalism is to temper religious discord and to maintain its own relevance in a world replete with theocratic conceptions of the good.

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)

Reformed Christianity's qualified embrace of freedom of conscience is per- haps best represented by William Ames (1576-1633). This essay explores Ames's interpretation of conscience, his understanding of its relationship to natural law, Scripture, and civil authority, and his vacillation on the sub- ject of conscientious freedom. By rooting his interpretation of conscience in natural law, Ames provided a foundation for conscience as an authority whose convictions are binding and worthy of some civil respect and free- dom. At the same time, (...) his Puritan worldview ultimately required the deference of conscience to the superior manifestations of divine law in Scripture and civil institutions. As a result, Ames provided raw ingredients for a theological doctrine of freedom of conscience despite his unwillingness to commend the idea himself consistently. In this way, Ames symbolizes an ambiguity on freedom of conscience characteristic of the broader Reformed tradition. (shrink)

The article proves that modern political philosophy is based on the concept of "individual" and on the abstract principle of "equality of individuals". But this abstract principle does not provide for "content expansion" in all possible directions without exception. Therefore, inattention to gender equality or cultural equality does not prevent, for example, Locke from recognizing the natural equality of all people. This circumstance can be considered an ideological source of the "modern paradox": the recognition of the natural equality of all (...) people does not guarantee the automatic granting of political rights to women or providing them equal opportunities for professional and career growth with men. (shrink)

The transition away from the highly intolerant and persecutory regimes of late-medieval and early-modern Europe was facilitated by four important developments. First, Europeans learned that social order and cohesion are threatened less by diversity than by intolerance of it. Second, the traditionally paternalist vision of the state’s role was called into question by a new valuation of the individual conscience and consequently of individual liberties. Third, the assumption that the meaning of symbols is objectively determined was replaced by the recognition (...) that symbols are intersubjectively determined by convention. Fourth, Europeans began to distinguish two senses of publicity: visibility and representativeness. The tenacious hold of these four assumptions is illustrated by laws of laïcité, which harken back to the medieval mindset on all four counts. (shrink)

ABSTRACT Few denials of tolerance are more severe than rejection of the moral worth of another’s way of life. In the U.S. today, many traditional religious believers, especially fundamentalist Christians, and many LGBQT+ persons see each other’s ways of life as deeply evil in important respects. These gulfs probably cannot be bridged; but public policies can and should seek to accommodate all claims of conscience as far as this can be done without denying anyone meaningful possession of basic rights. By (...) placing religious and moral consciences equally in a constitutionally “preferred position,” governments can foster a wider sense that citizens are engaged in a shared enterprise of helping everyone to pursue their distinctive forms of happiness. (shrink)

This paper explores the common ground in the views on natural law, justice and sociopolitical development in Hume and Spinoza. Spinoza develops a radically revisionary position in the natural law debate, building upon the bold equation of right and power. Hume is best interpreted as offering a skeptical–empirical reworking of traditional natural law theories, which maintains much of the practical purport of these theories, while providing it with a new, metaphysically less firm, but also less problematic, foundation. What the two (...) philosophers have in common is that they formulate realist revisions of the natural law tradition in the light of their more general naturalistic, secular philosophical commitments. Both philosophers, moreover, point to the slow development of man’s insight in the laws of nature, arising through a gradual accumulation of experiential insights. These insights are never wholly ‘liberated’ from the historical and imaginative perspective in which they arise. Accordingly, although rational progress brings the systems of justice and politics of different groups of people closer to each other, they necessarily retain, sometimes fundamentally incompatible, divergences. In the tradition of Machiavellian political realism, therefore, both Spinoza and Hume plead for judging political orders according to their own merits: do they, in their own specific ways, bring about a sufficient degree of order and liberty? (shrink)

Jacobs and Arora (2015) argue convincingly for the permissibility of ritual male infant circumcision in general, but they allow for the state to prohibit the practice if it violates local norms. They say that such a ban would be permissible unless it amounts to unethical discrimination. In other words, if male infant circumcision is outlawed, then, as they say, “the same state should protect all children from all unnecessary procedures and practices that are equally uncomfortable and unsafe.” While such an (...) approach has its merits, a more just approach will involve accommodating male circumcision regardless of local norms and customs. (shrink)