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

In this paper I provide an interpretation of Kant’s conception of free speech. Free speech is understood as the kind of speech that is constitutive of interaction respectful of everybody’s right to freedom, and it requires what we with John Rawls may call ‘public reason’. Public reason so understood refers to how the public authority must reason in order to properly specify the political relation between citizens. My main aim is to give us some reasons for taking a renewed interest (...) in Kant’s conception of free speech, including his account public reason. Kant’s position provides resources for dealing with many of the legal and political problems we currently struggle to analyze under this heading, such as the proper distinction between the sphere of justice and the sphere of ethics, hate speech, freedom of speech, defamation, and the public guarantee of reliable media and universal education. (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)

Locke's admittedly 'very strange' sounding doctrine of natural executive power, according to which the individual has the right to execute the law of nature, has long been one of the most controversial features of his moral philosophy. In contrast to the many commentators who deny its theoretical innovation and challenge its individualist premises, this study proposes that the philosophical significance of Locke's natural right to punish derives from its critical departure from earlier moral and political theory. It also argues that (...) the individualist political and religious implications of the natural punishment doctrine are only fully intelligible in light of Locke's theory of property and the assessment of the epistemological limits and possibilities for acquiring moral knowledge in his Essay Concerning Human Understanding. (shrink)

Some scholars have argued that religiously injurious speech poses a serious problem for secular liberal thought. It has been suggested that secular liberal thought and political practice often misrecognize the nature of the injury involved in speech that violates the sacred and that much secular thought about religious injury (and free exercise more generally) is premised on unacknowledged Protestant conceptions of what real religion is. In this essay, I argue against the ideas that secular liberalism tends to treat religion only (...) as a matter of freely chosen belief and that the unchosen, habituated nature of much religious experience raises a problem for the defense of speech that violates the sacred. I argue that secular thought and practice should remain very concerned about the social and political harms of speech directed unambiguously at social groups but need not eliminate the gap between religious attachments and religious persons. (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)

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)

The current debate over the hijab is often understood through the lens of a ‘clash of civilizations’ between a tolerant ‘secular’ ‘West’ and a chauvinist ‘religious’ ‘East’. The article argues that this polarization is the result of a specific secular semiotic understanding of religion and religious practices which is nowadays embedded in western law. In my analysis, secular’s normative assumptions, played around the control of women’s bodies and the definition of religious symbols in the public sphere, work as a marker (...) of ‘citizenship’ and ‘racialized religious belonging’. Through women’s bodies, western/secular law creates a link between gender, religion, ethnicity and belonging which forms a specific law and religious subject. Thus, secularism emerges not as the separation between private and public, state and religion, but as the reconfiguration of religious practices and sensitivities in the public secular space through the control of the visible. (shrink)