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)

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)

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)

Locke, además de justificar un derecho natural a la propiedad privada, también sostiene que todos los hombres tienen un derecho natural a la caridad. En el presente trabajo me propongo defender la hipótesis de que el derecho a la caridad postulado por Locke se explica por la presencia en su teoría de la propiedad de elementos procedentes de la teología cristiana. Cumpliría la función de garantizar que, en el contexto de una economía monetizada donde los individuos son, además, desigualmente industriosos, (...) se cumpla el designio divino de que todos los hombres dispongan de medios para preservarse. (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)

Public reason accounts commonly claim that exercises of coercive political power must be justified by appeal to reasons accessible to all citizens. Such accounts are vulnerable to the objection that they cannot legitimate coercion to protect basic liberal rights against infringement by deeply illiberal people. This paper first elaborates the distinctive interpersonal conception of justification in public reason accounts in contrast to impersonal forms of justification. I then detail a core dissenter-based objection to public reason based on a worrisome example (...) advanced by Jonathan Quong. While we may be able to impersonally justify coercing the illiberal dissenter, public reason liberals must explain how we can interpersonally justify such coercion—meaning justify given the perspective of the dissenter. The two prominent strategies for dealing with dissenters involve idealization of reasoning and requiring liberal values; I show that these strategies do not succeed in a way compatible with the public reason project. That is, the prominent strategies leave public reason theorists with a dilemma between denying the legitimacy of using coercion to protect core freedoms against deeply illiberal people or abandoning the fundamental public reason project. I conclude by proposing a different answer to public reason liberalism’s fundamental question: what requires justification? On my account, it is not that coercion requires interpersonal justification for its permissibility, but that such justification is necessary as a constitutive element of a kind of moral community. (shrink)

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

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)

Locke is known for his place in the history of the liberty of conscience, but he is not known for any significant theory of moral conscience. This article aims at clarifying his views regarding both problems, and argues for the need to discuss both of these questions simultaneously, in order to avoid the trivialization of liberty of conscience.

Although there is no consensus about the exact span of time that corresponds to the American Enlightenment, it is safe to say that it occurred during the eighteenth century among thinkers in British North America and the early United States and was inspired by the ideas of the British and French Enlightenments. Based on the metaphor of bringing light to the Dark Age, the Age of the Enlightenment (Siècle des lumières in French and Aufklärung in German) shifted allegiances away from (...) absolute authority, whether religious or political, to more skeptical and optimistic attitudes about human nature, religion and politics. In the American context, thinkers such as Thomas Paine, James Madison, Thomas Jefferson, John Adams and Benjamin Franklin invented and adopted revolutionary ideas about scientific rationality, religious toleration and experimental political organization—ideas that would have far-reaching effects on the development of the fledgling nation. Some coupled science and religion in the notion of deism; others asserted the natural rights of man in the anti-authoritarian doctrine of liberalism; and still others touted the importance of cultivating virtue, enlightened leadership and community in early forms of republican thinking. At least six ideas came to punctuate American Enlightenment thinking: deism, liberalism, republicanism, conservatism, toleration and scientific progress. Many of these were shared with European Enlightenment thinkers, but in some instances took a uniquely American form. (shrink)

This paper seeks to show the analytical limitations of the most popular terms describing the relationship between religion and politics, the two most popular being "separation of church and state" and "separation of religion and politics". Although the latter term is preferred it is still quite vague in its meaning and, strictly speaking, impossible to put into practice. I try to clarify the meaning of "separation of religion and state" by discussing the early writings out of which the tradition arose, (...) those of John Locke and Thomas Jefferson. I contend that the best way to define the meaning of the separationist doctrine is to place it within the context of the liberalism from which it emerged. This allows the separation of religion and state to be not only possible but also more relevant for pluralist societies and post-colonial societies who wish to avoid both religious domination and complete secularism. (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)

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)

The paper discusses three aspects of belonging to religious systems of belief within a modern liberal society, namely (1) the sincerity and consistency of belief, (2) the possibility of exteriorization of belief through broader social interactions or transactions, and (3) the relationship between religious belief and the modern concept of affirmative tolerance, or affirmation of differences, which has become a pronounced public policy in multicultural liberal societies. The author argues that, while negative tolerance allows sincere religious belief to flourish in (...) the private sphere and for benevolence to be shown to those who are seen as mistaken in their beliefs, affirmative tolerance opens an array of logical issues. The demand to extend potential substantive validation to opposed beliefs produces the ricochet effect of de-validating one’s own beliefs. This creates difficulties for religious communities when issues at stake are beliefs that, in the respective belief-systems, are definitive of the moral goodness and moral badness. Upon a more careful examination of the logical relations between the soteriological promises characteristic of what is sometimes called the ‘substantive’ layer of religiousness, on the one hand, and the public expectation of a tolerant coexistence of religious communities on a social level, on the other hand, it becomes clear that the tolerance required can only be a negative tolerance. Any expectation of affirmative tolerance de-values the soteriological script of the respective system of religious belief, and is thus likely to lead to serious disturbances in a liberal context of multi-cultural coexistence. The author argues that the recent political announcements of a ‘failure of the multicultural experiment’ are caused by the aggressive pursuit of ‘affirmative tolerance’ rather than by any in-built intolerance of others in any of the large religious belief systems now prevalent in the liberal democratic world. (shrink)

En A Letter Concerning Toleration John Locke argumenta en favor de la tolerancia religiosa afirmando que el Estado no puede mejorar la vida de las personas forzándolas a vivir de acuerdo con creencias que ellas no suscriben. Más recientemente, Ronald Dworkin y Will Kymlicka han desarrollado argumentos similares. En el caso del primero, contra ciertas políticas paternalistas; en el del segundo, en apoyo de la tesis liberal de la neutralidad estatal. Mi propósito en el presente artículo es analizar la plausibilidad (...) de dichos argumentos concebidos como una defensa de la tesis de la neutralidad estatal. Intentaré demostrar que ambas versiones del argumento fracasan. En la sección II, cuestionaré la capacidad de los argumentos para respaldar las conclusiones que aspiran establecer, sin objetar la plausibilidad de las premisas involucradas. En la sección III, desarrollaré tres objeciones contra la concepción del bienestar crítico que constituye el corazón de ambas versiones del argumento. In A Letter Concerning Toleration, John Locke argues in favor of religious toleration positing that the state cannot make a person's life better by forcing that person to live according to beliefs he refuses. More recently, Ronald Dworkin and Will Kymlicka have developed similar arguments. In the first case, against some paternalistic policies; in the second, in support of the liberal ideal of state neutrality. My aim in the present paper is to analyze the plausibility of these arguments conceived as a defense of liberal neutrality. I will prove that both versions of the argument fail. In section II, I will object the argument's capability to support the conclusions it attempts to establish, without raising doubts about the reliability of its premises. In section III, I will submit three objections against the conception of critical well-being that constitutes the core of both versions of the argument. (shrink)

This article began as a paper read at the ‘Embedded Memory and the Theological Contours of Division’ seminar held at Trinity College, Dublin in December 2011. I should like to thank Professor Linda Hogan of the Irish School of Ecumenics at Trinity for the opportunity of rehearsing these ideas in that forum.

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

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)

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)

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)

With the publication of A Theory of Justice in 1971, John Rawls not only rejuvenated contemporary political philosophy but also defended a Kantian form of Enlightenment liberalism called “justice as fairness.” Enlightenment liberalism stresses the development and exercise of our capacity for autonomy, while Reformation liberalism emphasizes diversity and the toleration that encourages it. These two strands of liberalism are often mutually supporting, but they conflict in a surprising number of cases, whether over the accommodation of group difference, the design (...) of civic education, or the promotion of liberal values internationally. During the 1980’s, however, Rawls began to jettison key Kantian characteristics of his theory, a process culminating in the 1993 release of Political Liberalism and completing the transformation of justice as fairness into a Reformation liberalism. -/- Reconstructing Rawls argues that this transformation was a tragic mistake because it jeopardized the most important features of his theory, viz. the lexical priorities of right, liberty, and fair equality of opportunity as well as the difference principle. Controversially, this book contends that Rawls’s so-called “political turn,” motivated by a newfound interest in diversity and the accommodation of difference, has been unhealthy for autonomy-based liberalism and has pushed liberalism more broadly towards cultural relativism, be it in the guise of liberal multiculturalism or critiques of cosmopolitan distributive-justice theories. The book then demonstrates that the central elements of justice as fairness can only be defended within the context of a Kantian Enlightenment liberalism and that Rawls’s hope for a more pluralistic grounding for his theory, endorsed by a wide variety of belief systems present in modern democratic societies, is illusory. -/- Reconstructing Rawls is the first book to systematically compare Rawls’s and Kant’s theories and the first to offer an internal critique and reconstruction of justice as fairness, reconceiving it as a comprehensive, universalistic Kantian liberalism. By doing so, it gives us both the vision of a liberal world order—“a republicanism of all states, together and separately,” as Kant put it—and a mode of justification addressed to all men and women, not as members of particular nations, races, and faiths, but as human beings, as citizens of the world. In short, it reclaims Rawls for the Enlightenment. (shrink)

Abstract This article outlines Locke's theory of war as found in his political writings and seeks to redress a perceived imbalance in John Locke's morality of war. Locke's strident rejection of any sense of proportionality in warfare against unjust aggression, as read in the Second Treatise of Government, has to be tempered with his general philosophical programme against extremism of any sort. Arguably, Locke's war ethic when read alone is strict, objective, and emphatic, but when compared with his epistemological work, (...) its righteousness is reduced to extreme circumstances. (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.

After a regime-changing war, a state often engages in lustration—condemnation and punishment of dangerous, corrupt, or culpable remnants of the previous system—e.g., de-Nazification or the more recent de-Ba’athification in Iraq. This common practice poses an important moral dilemma for liberals because even thoughtful and nuanced lustration involves condemning groups of people, instead of treating each case individually. It also raises important questions about collective agency, group treatment, and rectifying historical injustices. Liberals often oppose lustration because it denies moral individualism and (...) ignores rule of law, and their only justifications for lustration are consequentialist ones. This article suggests that lustration may not necessarily be a problem for liberals. While group treatment might be justified on grounds of convenience and pragmatism in times of transitional justice, there are also valid moral arguments consistent with moral individualism and due process for wholesale group punishment after a war. This article offers four overlapping moral justifications, in a robust defense of the core concept of lustration that is covered by each argument. (shrink)

Multicultural societies are far more likely than others to include minorities committed to the pursuit of practices that offend the majority, and treating the cultural commitments of all citizens fairly will require some set of guiding principles to distinguish tolerable ‘cultural controversies’ from intolerable ones. This paper does not directly address the moral question at stake here (i.e. demarcating the limits of toleration) but rather seeks to provide a politically justifiable normative argument to explain when tolerant restraint is necessary, permissible (...) or prohibited. This argument emerges from a concern to treat the cultural commitments of all citizens fairly. In turn, the argument indicates a potential reconciliation of the ‘politics of toleration’ with the ‘politics of respect’. (shrink)

This paper offers a programmatic philosophical articulation of moral and political individualism. This individualism consists of two main components: value individualism and rights individualism. The former is the view that, for each individual, the end which is of ultimate value is his own well-being. Each individual's well-being has ultimate agent-relative value and the only ultimate values are these agent-relative values. The latter view is that individuals possess moral jurisdiction over themselves, i.e., rights of self-ownership. These rights (along with other rights (...) individuals may come to possess) constrain the manner in which agents may pursue value. For this reason, the articulated individualism is an constrained individualism. Sketches of arguments are offered for both value and rights individualism. And it is argued that the sole legitimate function of legal/political institutions is to further delineate and protect the rights of individuals. However, the paper is also concerned to indicate why this radical moral and political individualism does not have many of the features or implications that are commonly ascribed to it. In this connection, I seek to show how this social doctrine accords with individuals' having concern for the well-being of others, with the emergence of relationships among individuals that have both instrumental and non-instrumental value, with a degree of responsibility for self and others that is often thought to be antithetical to individualism and, in general, with a flourishing of civil order. (shrink)

In dit artikel onderzoek ik of de standaardbenaderingen van burgerschapsonderwijs in de Lage Landen geschikt zijn om jonge mensen voor te bereiden om de huidige politieke realiteiten tegemoet te treden, laat staan om onrecht te bestrijden. Ik laat zien waarom een nadruk op ‘democratische principes’ of de rechtsstaat de status quo waarschijnlijk niet zal veranderen zolang opvoeders er niet in slagen de aandacht voor de waarheid te cultiveren die nodig is om te kunnen oordelen over rivaliserende normatieve claims. Met name (...) op tolerantie gebaseerde interpretaties van burgerschap zullen weinig bereiken in afwezigheid van burgerlijke deugden – vooral moreel oordelen en morele moed – die nodig zijn voor dissent. Dissent omvat minimaal een bereidheid om de waarheid te spreken tegen de macht. Maar het ernstigste probleem betreffende burgerschapsonderwijs op school betreft de legitimiteit ervan, gegeven dat dat onderwijs gebaseerd is op een door de overheid opgelegd curriculum met als doel een gewenste respons op de boodschap ervan op te leggen en te conditioneren. Daardoor staat het per definitie vijandig tegenover dissent. (shrink)

Douglas Walton’s multitudinous contributions to the study of argumentation seldom, if ever, directly engage with argumentation in mathematics. Nonetheless, several of the innovations with which he is most closely associated lend themselves to improving our understanding of mathematical arguments. I concentrate on two such innovations: dialogue types (§1) and argumentation schemes (§2). I argue that both devices are much more applicable to mathematical reasoning than may be commonly supposed.

Traditional Africans' belief in and veneration of ancestors is an almost ubiquitous, long-held and widely known, for it is deeply entrenched in the African metaphysical worldview itself. This belief in and veneration of ancestors is characterised by strong moral undertone. This moral undertone involves an implicit indication that individual members of communities must live exemplary lives in accordance with the ethos of the community. Living according to the ethos is among the conditions for attaining the prestige of being elevated to (...) an ancestor after one's death. The aim of this paper is to gain an understanding of the metaphysical and moral demands connected to ancestor veneration. With this understanding, the paper suggests values that can promote a better way for humans to coexist, and indicates a moral sense of the responsibility people should hold towards each other. The paper's focal aim is to expose what it considers to be the moral undertones or features associated with a belief in and veneration of ancestors, mainly from traditional Akan perspectives. The paper also considers how principles and values of Akan communitarianism can be espoused to promote human well-being. It is the position of the paper that the metaphysical and, especially, the moral underpinning of ancestor veneration in the traditional Akan society, can provide values that can serve as catalysts for the furtherance of human well-being. (shrink)

This chapter examines some central features to liberal conceptions of toleration and liberty of conscience. The first section briefly examines conceptions of toleration and liberty of conscience in the traditions of Locke, Rawls, and Mill. The second section considers contemporary controversies surrounding toleration and liberty of conscience with a focus on neutrality and equality. The third section examines several challenges, including whether non-religious values should be afforded the same degree of accommodation as religious values, whether liberty of conscience requires a (...) secular state, and how bias impedes understandings of toleration and liberty of conscience. The chapter concludes with brief comments on future directions for research on toleration and liberty of conscience. One is exploring toleration and liberty of conscience in non-Western contexts; another is exploring ways that varieties of religious and political identity impact conceptions of toleration and liberty of conscience. (shrink)

The Lautsi case in Italy attracted widespread attention in Europe and beyond. Though the issue under contention was a Christian symbol, the European Court of Human Rights (ECHR) judgements showed changes in assessment both about religion (in contrast with former cases regarding Muslim veils) and secularism (which did not have the same meaning for everyone). In light of those rulings, this paper reflects on the concepts of neutrality and secularism and their normative implications for European citizens in terms of belonging, (...) solidarity and cohesion. An open and plural public sphere, in which intercultural exchange can flourish, is crucial if Europe is serious about the integration of its immigrants, many of whom possess a Muslim background. A ‘post-secular’ Europe may have to reconsider long-held stereotypes about religion and nuance its self-understanding as ‘secular’, in a way that religious citizens can identify with Europe too. The discussion will draw on the ideas of Taylor, Casanova, Habermas, Weiler and Beck to illustrate some of the political, ethical and theoretical complexities of the Lautsi case, specifically issues to do with neutrality, secularism and the role of religion in the public sphere. (shrink)

To inform the ongoing discussion of whether claims of conscientious objection allow medical professionals to refuse to perform tasks that would otherwise be their duty, this paper begins with a review of the philosophical literature that describes conscience as either a moral sense or the dictate of reason. Even though authors have starkly different views on what conscience is, advocates of both approaches agree that conscience should be obeyed and that keeping promises is a conscience-given moral imperative. The paper then (...) considers exemplars of conscientious objection—Henry David Thoreau, Mohandas Gandhi, and Martin Luther King Jr.—to identify the critical feature of conscientious objection as willingness to bear the burdens of one’s convictions. It concludes by showing that medical professionals who put their own interests before their patients’ welfare violate their previous commitments and misappropriate the title “conscientious objector” because they are unwilling to bear the burdens of their choices and instead impose burdens on their patients and colleagues. (shrink)

Partiendo de la pluralidad axiológica de las sociedades contemporáneas y empleando como instrumental el tratamiento del pluralismo que hace John Rawls, reflexionamos en torno a la viabilidad del establecimiento de un horizonte político cuya meta fuera compatibilizar la legítima diversidad con el establecimiento de patrones comunes a todos. Para ello se revisa la distinción entre lo político y lo doctrinal y las exigencias del punto de vista excluyente en la medida en que sirven como base para la tolerancia entre diferentes. (...) A continuación se rebaten los planteamientos de los enfoques perfeccionistas y comunitaristas y se defiende la posibilidad de un acuerdo general reductivamente político compatible con la apertura de espacios no dirigidos dentro de la sociedad civil en los que los individuos pueden unirse para defender colectivamente sus intereses legítimos a salvo de la interferencia estatal. (shrink)

This paper considers a particular instance in which a liberal state –Germany -makes a claim for the limitation of tolerance of religious expression on the grounds of harm. I examine this claim with reference to three basic positions: Firstly,I examine Denise Meyerson’s argument that the domain of religion constitutes an area of intractable dispute and that the state is not entitled to limit liberty in this domain because it cannot justify limitations in a neutrally acceptable way. I argue that Ludin (...) is entitled to wear the Kopftuch on grounds of her right to religious freedom and that the attempt to deny her this entitlement constitutes a breach of individual rights. Meyerson’s arguments rest on the acceptability of Rawls’s idea of public reason. I therefore, secondly, examine Jeremy Waldron’s objections to the use of the deliberative discipline of public reason in cultural disputes as well as his objections to the use of the politics of identity which, he claims, distort our ability to engage in reasoned public debate. I argue that bracketing identity claims eliminates what is peculiar about Ludin’s case.This I bring out, thirdly, by drawing on the views of Melissa Williams, who advances the idea of sensitivity to others’ reasons as reasons, which defines a position midway between Meyerson and Waldron. It is apparent that Ludin’s dilemma is twofold: her status as ‘metic’-as member of a minority at the margins of mainstream German culture, and her status as ‘Muslimin’-as one believed to be suffering sexual discrimination in her own culture, form a double-bind of oppression. They are connected in a way that challenges the integration policies of the German state. (shrink)

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 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 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)

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)

A “recent consensus” has emerged in Locke studies that has sought to place theology at the center of Locke's political philosophy, insisting that the validity and cogency of Locke's political conclusions cannot be substantiated independently of the theology that resides at their foundation. This paper argues for the need to distance Locke from God, claiming that not only can we “bracket” the normative conclusions of Locke's political philosophy from their theological foundations, but that this was in fact Locke's own intention, (...) intent as he was to justify these conclusions to a diverse political audience often divided by faith. In other words, this “recent consensus” in Locke studies is premised on an erroneous understanding of Locke's political philosophy, even as advanced by Locke himself. Locke's own philosophical discourse bears witness to the very “bracketing” of his political conclusions from their theological foundations that these Locke scholars claim is impossible. (shrink)

. What are the assumptions that underline the Jewish Law Project? To what extent is this project relates to Zionism as a political program and national vision? Does the secular version of this project and the religious one have anything in common? I argue that aside from the ideological lines that guide the Jewish Law Project, within it rests a reductionist and utopianist stance vis‐à‐vis halakhah which are considered to be obvious. I shall attempt to claim that reductionism and utopianism (...) as tacit assumptions, which are neither explicit nor declared by the carriers of the Jewish Law Project, are definitely not trivial. Then, by detrivializing these two assumptions I will suggest viewing the halakhic‐legal relations defined by the Jewish Law Project through these same parameters—the reductionism of the halakhah and its utopian approach. (shrink)

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).

This paper focuses on evaluating Odera Oruka’s role as an expert witness in customary law for the Luo community during the Nairobi, Kenya-based trial in 1987 to decide on the place of the burial of S.M. Otieno. During that trial, an understanding of Luo burial and widow guardianship (ter) practices was essential. Odera Oruka described the practices carefully and defended them against misunderstanding and stereotype. He revisited related topics in several delivered papers, published articles, and even interviews and columns in (...) the Kenyan newspapers. The paper will raise the questions: How does Odera Oruka’s role as expert on Luo customs fit in with his sage philosophy project? In his testimony at the trial and subsequent public addresses and published work, does he accomplish two important goals, the first being defending African traditions against prejudice and anti-African bias, and secondly, does he champion reform of traditions when reform is needed? And, can Odera Oruka’s participation in the famous trial avoid seeming ethnic chauvinism and marginalization of women? My conclusion is that he achieves the first goal, but some problems remain in the achievement of the other goals. While he often asserted the need to evaluate traditions and to jettison those that have become unhelpful, in this context he evaluated traditions so strongly that the need for evaluation and possible change was muted. (shrink)

Im Rahmen der Maßnahmen zur Eindämmung der Covid-19- Pandemie sind die Bürgerinnen und Bürger in Deutschland und vielen anderen Ländern dazu angehalten, weitestgehend in ihren Privatwohnungen zu bleiben. Wurde der Wert des Privaten in der liberalen Tradition gerade im Rückzug von und als Schutz vor der politischen Öffentlichkeit sowie administrativen Eingriffen gesehen, wird das Private damit nun unmittelbar politischen Anforderungen unterworfen. Indem die Kontrolle über die Gewährung und Verwehrung des Zugangs zum Privaten eingeschränkt worden ist und keinen frei gewählten Rückzugsort (...) mehr darstellt, verändert sich auch die Wahrnehmung lokaler Privatheit. Dabei stellt sich die Frage, ob die lokale Privatheit ihren Wert verliert und hier bereits von einer „Kolonialisierung“ der lokalen Privatheit gesprochen werden muss. Vor diesem Hintergrund soll ausgehend von feministischer Kritik liberaler Verständnisse lokaler Privatheit argumentiert werden, dass die These der strikten Trennung von Öffentlichkeit und Privatheit empirisch unzutreffend und normativ unangemessen ist. Davon ausgehend können Legitimitätsbedingungen öffentlichen Eingreifens in die lokale Privatheit entwickelt und die pandemiebedingten Maßnahmen hinsichtlich ihrer Legitimität überprüft werden. Dabei wird argumentiert, dass sich hierbei zwar nur eingeschränkt von einer Kolonialisierung sprechen lässt, sich die Wahrnehmung der lokalen Privatheit im Zuge der Ausgangs- und Kontaktbeschränkungen jedoch zu Lasten ihres Wertes verändert hat. (shrink)