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)

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)

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)

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)

People sometimes try to call others’ beliefs into question by pointing out the contingent causal origins of those beliefs. The significance of such ‘Etiological Challenges’ is a topic that has started attracting attention in epistemology. Current work on this topic aims to show that Etiological Challenges are, at most, only indirectly epistemically significant, insofar as they bring other generic epistemic considerations to the agent’s attention. Against this approach, we argue that Etiological Challenges are epistemically significant in a more direct and (...) more distinctive way. An Etiological Challenge prompts the agent to assess whether her beliefs result from practices of indoctrination, and whether she should reduce confidence in those beliefs, given the anti-reliability of indoctrination as a method of belief-acquisition. Our analysis also draws attention to some of the ways in which epistemic concerns interact with political issues—e.g. relating to epistemic injustice, identity-based discrimination, and segregation—when we’re thinking about the contingent causal origins of our beliefs. (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)

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)

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.

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 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)

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)

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)

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)

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 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)

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)

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.

This study aims to present that the most visible and drastic changes in the life of modern humans are caused by the ability human to be a person that is equal to be tolerant. From a historical point of view, the manifestation of tolerance towards people has always been problematic – for some it is in short supply, and for others it has been in surplus. In the first case, it has caused conflicts and wars to win it, in the (...) second, sanctions and repressions. The tolerance has been and is the subject of many analyzes, philosophical concepts, ethical schemes, and socio-political mechanisms that construct societies. This article is explored John Locke and Immanuel Kant’s position on the tolerance described in their scientific papers A Letter Concerning Toleration and Perpetual Peace. In the introduction is said that the tolerance has many dimensions. In its essence, it is always pluralistic, implied consent, freedom, continuity, understanding, equality, etc. It is a segment of achieving interpersonal, group, intergroup, inter-community and international relations. The first subtopic is about tolerance in historical contextual links. The second is about Locke and his Letter – Locke’s letter of the tolerance from 1689, which supports the idea of the need for religious tolerance, it is not only a recommendation, but also a condition for a peaceful and just cohabitation of citizens in a society – this is the century, when England sets up its own church, which strives to distinguish both from the Roman Catholic and the Protestant – creating a Protestant church – the Anglican church. Before Locke published a Letter of Tolerance, after his return to England in 1689, after his immigration to the Netherlands, he published two other fundamental works: Two Tracts on Government and An Essay Concerning Human Understanding. The third sub-topic is about Kant and his concept of the possible perpetual peace – the theory of “perpetual peace” was created by Kant at the end of the 18th century. According to him, as relations within a state can be regulated wisely in order to maintain internal peace, and relations between people from different countries could be wisely regulated in order to achieve external peace. Kant thinks that moral-practical reason obliges us to exclude wars, otherwise it would mean that we have to give up our mind and be equated with the animals. In the conclusion is noted the great contribution of ideas from the works of Locke and Kant is the basis of the American Constitution and the Declaration of Independence and how much tolerance we need today in a globalized world. (shrink)

Violence is a threat to human flourishing and religious violence is of particular concern. Despite the United Nations issuance of several documents addressing religious freedom, and declaring 1995 “The United Nations Year for Tolerance,” religious violence continues rising worldwide in a global culture increasingly committed to promoting religious tolerance. Although promoted as a virtue in modern liberalism, I argue that the tolerance encouraged in society presently does not function as virtue and propose that caritas, the theological virtue of love, functions (...) in a way that tolerance cannot. I contend that tolerance is an ideology, and then contrast that ideology with caritas. Next, I suggest that hospitality, the moral virtue associated with caritas, can function in the broader culture, achieving what tolerance alone cannot, a positive resolution of conflict arising from the presence of others. Finally, I conclude with a brief critique of my position and offer suggestions for further discussions. (shrink)

When Herbert Marcuse's essay entitled “Repressive tolerance” was published in the mid-1960s it was trenchantly criticised because it was anti-democratic and defied the academic canon of value neutrality. Yet his argument is attracting renewed interest in the 21st century, particularly when, post 9/11, the thresholds or limits of tolerance are being contested. This article argues that Marcuse's original essay was concerned to problematise the dominant social understandings of tolerance at the time, which were more about insisting that individual citizens tolerate (...) government policy than governments encourage debate and dissent. The article shows how Marcuse attempted to demonstrate the social production of knowledge about tolerance, and how he diagnosed the social function performed by “impartiality” and “relativism”, and by “neutrality” and “objectivity”, which contributed to tolerance being repressive. In the sense that he was concerned about what counted socially as tolerance, and how it was socially defended and justified, his article can helpfully be conceived as an exercise in social epistemology. (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)

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)

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)

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)

Current philosophical and legal bioethical reflection on reprogenetics provides little more than a rationalization of the interests of science. There are two reasons for this. First, bioethicists attempt to address ethical issues in a “language of precision” that characterizes science, and this works against analogical and narratological modes of discourse that have traditionally provided guidance for understanding human nature and purpose. Second, the current ethical and legal debate is framed by a public/private distinction that banishes robust norms to the private (...) realm, and leaves a minimalist public discourse of harm avoidance that is insufficient for regulating the science. In this essay, I argue that Mark Hanson's account of anxiety provides a valuable starting point for addressing deficiencies in the current philosophical and legal debate, and it highlights the need for a theological discourse on genetic enhancements. Through an assessment of Joel Shumann's criticism of the public/private distinction, I show how the needed theological discourse should be situated in the context of robust communities, and how such a communitarian inter-ethic is compatible with a variant of liberalism. Finally, I critically assess James Keenan's account of virtue and perfection, in order to outline what a sufficient discourse on reproductive and genetic enhancements requires. (shrink)

Political liberalism began in the eighteenth century with the effort to establish a secular state in which religious differences would be tolerated. If religious views include universal principles to apply to all by force if necessary, diverse religions must conflict, perhaps fatally. In a sense, then, political liberalism was an invention to resolve a then current, awful problem. Its proponents were articulate and finally persuasive. There have been many comparable social inventions, many of which have failed, as Communism, egalitarianism, and (...) perhaps socialism have all failed to date. The extraordinary thing about political liberalism is that it seems to have succeeded in its authors' initial hope for it. It may have helped end the turmoil occasioned by religious differences. Political liberalism has since expanded in various ways under other influences, and, if it were not for Islamic fundamentalism with its seemingly coercive theocratic program, we might no longer today associate religious conflict with the core of liberalism in its actual practice. (shrink)

This paper deals with three guiding principles of contemporary Western civilization. It explores the compatibility of Toleration, Pluralism and Truth, as well as their application to diverse domains of cultural activity and creation. There is no place for toleration, let alone pluralism, in the realm of logic and mathematics. Scientific conclusions allow diverse degrees of certainty. The realm of monotheistic religions excludes pluralism, but necessitates toleration. The domains of ethics and its related social institutions allow diversity in secondary matters, but (...) essentially should be guided by universally valid principles. In the case of aesthetics, a diversity of taste suggests a virtually unlimited pluralism. Yet, a universal basic principle of aesthetic evaluation is suggested which would greatly reduce tolerable pluralism, although this assertion is made with less confidence than the insistence on basic norms in ethics. (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)

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)

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)

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)

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)

The article lays down the broad strokes of an interpretive approach to social criticism. In developing this approach, the author stresses the importance of both a pluralistic notion of social justice and a rich ideal of personal growth. While objecting to one-dimensional conceptions of social justice centering on legal equality, the author develops the idea of there being multiple "spheres of justice", including the spheres of "care" and "merit". Each of these spheres, he argues, is subject to historical interpretation. He (...) furthers this view by arguing that the social basis for these different spheres is best understood against the canvas of an ideal of self-fulfillment and individuality. Based on the elaboration of these two sets of premises—a pluralistic conception of social justice and a collective ideal of personal self-fulfillment—the article outlines the basis for and challenges inherent to the practice of interpretive social criticism. (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)

The eighteenth‐century controversy among Moses Mendelssohn, Friedrich Heinrich Jacobi, and Immanuel Kant undermines the tendency to equate liberalism with the Enlightenment. While the defender of the Enlightenment, Mendelssohn, championed defended such traditional liberal values as religious toleration, his arguments were often illiberal. In contrast, many of the views of his anti‐ Establishment opponent, Jacobi, are remarkably liberal. Kant's essays from the mid‐i78os advanced a liberal conception of politics but a view of Enlightenment that was quite distant from those of both (...) Mendelssohn and Jacobi. (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.

As the product of liberalism's first encounter with the theoretical problems posed by legal discrimination and unequal treatment of minority groups, Locke's argument for religious toleration foreshadowed contemporary democratic theory's emphasis on non-coercive discussion of diverse rights claims and broadly inclusive public deliberations. This study tries to illuminate the democratic dimension of Locke's toleration theory by focusing on his crucial account of the church as a voluntary association. Here Locke presented discursive possibilities for the articulation of diverse beliefs and interests (...) that he believed would not only benefit both society as a whole and the minority religious groups contained in it, but also weave principles of contestation and deliberation into the very fabric of the liberal polity. (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).

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)

From Carl Becker’s The Heavenly City of the Eighteenth-Century Philosophers to recent work on religion in the Enlightenment, it has been argued that the Enlightenment has significant religious elem...

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)