Recognition of the harms done by free speech is a function of the social ontology presupposed. An atomist ontology implies that the harms suffered are restricted to individual people. This paper suggests an alternate ontology—one that describes systems established by the causal reciprocities of their proper parts. It proposes a consequentialist moral theory, and considers the harms suffered by these systems when speech exposes their internal, otherwise private, behaviors or features, when speech is malicious and false, and when speech is (...) monopolistic. Does the proposed ontology have objectionable implications for public policy? Alternative answers are considered briefly. (shrink)

ABSTRACTContrary to what some critics of epistemic democracy claim, the association between democracy and truth does not necessarily make the former inhospitable to conflict, contestation, and pluralism. With the help of John Stuart Mill and William James, truth can be interpreted so as to make it compatible with a democratic politics that appreciates conflict and dissent. In some circumstances, truth claims are politically relevant and should become the object of democratic deliberation.

Liberal attempts to defend faith schooling have been conditional on the ability of faith schools to serve as a context for individual choice. A recent critique of these attempts claims that religious parents would find such moderate faith schooling unacceptable. This article sets forth a new liberal defence of faith schools drawing heavily on the distinction between political and comprehensive liberalism. Since political liberalism's understanding of personal autonomy does not include the ability to make choices, the political liberal defence of (...) faith schools can accommodate denominational schools that limit the ability of students to choose or change their religion. (shrink)

ABSTRACT John Stuart Mill’s posthumously published Three Essays on Religion have been seen as standing in a problematical relationship with his better‐known works, especially On Liberty, which emphasize the negative sides of Mill’s approach to religion. The Three Essays are less easy to characterize. A careful reading shows Mill’s concern to subject religious views to rational scrutiny, but also to acknowledge the important and largely beneficent role religion has played, and presumably will continue to play, in human affairs. This role (...) will not, Mill predicts, continue to be that of keeping selfish impulses in check. Rather, it will be to inspire people to assist a benevolent but, plainly, less‐than‐omniscient deity; and, as well, to spark an imaginative identification with an ongoing process of intellectual and moral perfection that transcends our mortal lives. (shrink)

American democracy depends on the free exchange of ideas to create a rational and well informed public, which, in turn, makes decisions that benefit society as a whole. Unfortunately, media reliance on advertising may be eroding the necessary free flow of information. This article addresses the proper role of advertisers in the media. Certainly advertisers enjoy some degree of economic power over the media, but should that influence be used to control media content? Arendt's view of communicative power demonstrates how (...) advertisers' power originates with the public. Donaldson's social contract theory of business explains why that power entails responsibility and why advertisers are obligated not to abuse it. (shrink)

What constraints should be imposed on individual liberty for the sake of protecting our collective security? A helpful approach to answering this question is offered by a theory that grounds political obligation and authority in a moral requirement of fair contribution to mutually beneficial cooperative schemes. This approach encourages us to split the opening question into two—a question of correctness and a question of legitimacy—and generates a detailed set of answers to both subsidiary questions, with a nuanced and plausible set (...) of implications. The plausibility of its treatment of the issues surrounding liberty and security, I argue, helps to confer credibility on the fairness-based theory that carries these implications. (shrink)

: In this essay, Cornell first invokes the concept of 'imaginary domain' to challenge the legal legitimacy of heterosexism in any form. She then claims that the imposition of heterosexism on the imaginary is a trauma whose severity can be grasped only with the help of psychoanalysis. Second, she argues that we cannot understand or undermine the power of heterosexist ideas without an alternative ethic of love. In beginning to think about a love that would necessarily pit itself against heterosexism, (...) Cornell draws on Jacques Derrida's metaphor of the lovance. (shrink)

Journalists seldom consider the layers of those affected by their actions; third parties such as families, children, and even people unlucky enough to be in the wrong place at the wrong time. This article argues for consideration of the broader group, considering a range of options available for doing their duty to inform the public while also minimizing harm to others. Journalists might compare themselves with other professions that have similar roles, such as anthropologists, on such issues as confidentiality and (...) disclosure. A broader lesson is the value of applying different views, theoretical frameworks, and starting points to the ethical issues in any profession. (shrink)

Extending recent appropriations of Charles S. Peirce's work in political theory, we argue that the same epistemic norms that justify democracy offer a plausible basis for justifying multiculturalist policies aimed at protecting at-risk cultural groups. Because this epistemic argument is compatible with a full range of reasonable comprehensive doctrines, it fully accommodates the fact of reasonable pluralism, thereby skirting the Rawlsian objection to which the multiculturalisms of Charles Taylor and Will Kymlicka fall prey.

Public health ethics, like the field of public health it addresses, traditionally has focused more on practice and particular cases than on theory, with the result that some concepts, methods, and boundaries remain largely undefined. This paper attempts to provide a rough conceptual map of the terrain of public health ethics. We begin by briefly defining public health and identifying general features of the field that are particularly relevant for a discussion of public health ethics.Public health is primarily concerned with (...) the health of the entire population, rather than the health of individuals. Its features include an emphasis on the promotion of health and the prevention of disease and disability; the collection and use of epidemiological data, population surveillance, and other forms of empirical quantitative assessment; a recognition of the multidimensional nature of the determinants of health; and a focus on the complex interactions of many factors—biological, behavioral, social, and environmental—in developing effective interventions. (shrink)

This paper reflects on the presumption that there are distinct ethical differences between the supposedly ‘Anglo-Saxon liberal’ and ‘Latin (Southern European) paternalist’ ethical traditions. The predominance of the bioethical paradigm (principalism) is measured by a comparative analysis of regional moral opinion reflected in nation-state health laws. By looking at the way the ethico-legal concept figures into various national ordinances, we attempt to ascertain the extent and nature of variation (if any) between localities by exploring the understanding and application of principalism’s (...) keystone: patient autonomy. (shrink)

We not only own our bodies, we are our bodies. Can we simply alienate parts of them? Both a theology of stewardship and the principle of self‐ownership would seem to permit or even encourage us to do this.

The debate over the propriety of cognitive enhancement evokes both enthusiasm and worry. To gain further insight into the reasons that people may have for endorsing or eschewing pharmacological enhancement, we used empirical tools to explore public attitudes towards PE of twelve cognitive, affective, and social domains. Participants from Canada and the United States were recruited using Mechanical Turk and were randomly assigned to read one vignette that described an individual who uses a pill to enhance a single domain. After (...) reading the vignette, participants were asked how comfortable they were with the individual using the enhancement. People were significantly more comfortable when they read about enhancement of certain CAS domains than others. We found a modest negative correlation between comfort level and the degree to which the PE was perceived as changing core features of the person. We also found a modest correlation between comfort level and the degree to which the PE was perceived as improving success in life. Finally, using a sequential mixed method technique, we found that participants who felt uncomfortable about PE use overwhelmingly focused on a lack of need and, to a lesser degree, expressed concerns about safety; those who felt comfortable about PE use most frequently mentioned the safety of the pill and its ability to provide a positive outcome. The data provide novel insights into public enthusiasms and concerns over the use of PE. (shrink)

The ideas of freedom, justice, democracy and secularism are the main themes in the study of political philosophy. This article attempts to explain Abdolkarim Soroush's political philosophy with the boundaries of themes regarding freedom, justice, secluralism and democracy. Abolkarim Soroush is a thinker in the contemporary Islamic world.

In current American medical practice, autonomy is assumed to be more valuable than human life: if a patient autonomously refuses lifesaving treatment, the doctors are supposed to let him die. In this paper we discuss two values that might be at stake in such clinical contexts. Usually, we hear only of autonomy and best interests. However, here, autonomy is ambiguous between two concepts—concepts that are tied to different values and to different philosophical traditions. In some cases, the two values (that (...) of agency and that of authenticity) entail different outcomes. We argue that the comparative value of these values needs to be assessed. (shrink)

“Meta-argument allegations” consist of protestations that an interlocutor’s speech is wrongfully offensive or will trigger undesirable social consequences. Such protestations are meta-argument in the sense that they do not interrogate the soundness of an opponent’s argumentation, but instead focus on external features of that argument. They are allegations because they imply moral wrongdoing. There is a legitimate place for meta-argument allegations, and the moral and epistemic goods that can come from them will be front of mind for those levelling such (...) allegations. But I argue there is a dark side to such allegations, and their epistemic and moral costs must be seriously weighed. Meta-argument allegations have a concerning capacity to derail discussions about important topics, stymieing argumentational interactions and the goods they provide. Such allegations can license efforts to silence, punish and deter—even as they provoke the original speaker to retaliate in kind. Used liberally, such allegations can escalate conflicts, block open-mindedness, and discourage constructive dialogues. In response, I defend “argumentational tolerance”—a principled wariness in employing meta-argument allegations—as a virtue of ethical argument. (shrink)

The din and deadlock of public life in America--where insults are traded, slogans proclaimed, and self-serving deals made and unmade--reveal the deep disagreement that pervades our democracy. The disagreement is not only political but also moral, as citizens and their representatives increasingly take extreme and intransigent positions. A better kind of public discussion is needed, and Amy Gutmann and Dennis Thompson provide an eloquent argument for "deliberative democracy" today. They develop a principled framework for opponents to come together on moral (...) and political issues.Gutmann and Thompson show how a deliberative democracy can address some of our most difficult controversies--from abortion and affirmative action to health care and welfare--and can allow diverse groups separated by class, race, religion, and gender to reason together. Their work goes beyond that of most political theorists and social scientists by exploring both the principles for reasonable argument and their application to actual cases. Not only do the authors suggest how deliberative democracy can work, they also show why improving our collective capacity for moral argument is better than referring all disagreements to procedural politics or judicial institutions. Democracy and Disagreement presents a compelling approach to how we might resolve some of our most trying moral disagreements and live with those that will inevitably persist, on terms that all of us can respect. (shrink)

When an organization is pressured to respond to moral expressions in capital, consumer and labor markets, it faces a dilemma of how to respond. Should Shell have given in to Greenpeace in deciding how to dispose of the Brent Spar Oil Rig? Should Cracker Barrel give in to pressures to fire homosexual employees? Firms should consider the nature of the moral expressions pressuring them in deciding how to respond. Moral expressions can be divided into three descriptive categories: Benign, Disputed and (...) Problematic. Each carries different implications for corporate action and in some cases will justify corporate resistance to moral expressions by stakeholders. In order to appropriately respond to moral pressures, firms should first engage in a process of discovery aimed at identifying moral pressures relevant to the firmös missions and objectives and then engage in a process of justification concerning their responses. Such a conclusion is consistent with important trends of contemporary thought in ethics and political philosophy and is strongly supported by Kantian analysis. (shrink)

Wherever a government or state is concerned with the welfare of its citizens, there will probably also exist policies which compel the individual citizen to undertake or abstain from activities which affect that citizen alone. The set of theories behind such policies is collectively known as ‘paternalism’. It is not hard to understand why this term has developed strong pejorative overtones. Policies of this type appear to offend a fundamental tenet of liberal societies: namely, that the individual is best placed (...) to know what is in his or her interests. Paternalistic policies imply, and are concerned with correcting, failures of precisely this kind of judgement. And yet, at the same time, there is a popular consensus that compelling people to wear a seat belt when driving a car is a reasonable restriction of personal liberty. Paternalism may be difficult to accept in principle, but it is equally difficult to avoid in practice. Not surprisingly, the literature reveals a long heritage of debate in a wide range of academic disciplines. This debate reveals a failure to make progress in two areas in particular. First, analyses of paternalism often confuse policies which are actually concerned with correcting failures of market exchange — in particular, those concerned with insufficient or imperfect information — with those which are genuinely paternalistic. One objective of this paper will be to clarify the difference between these two kinds of policy. (shrink)

The economics of happiness is an influential research programme, the aim of which is to change welfare economics radically. In this paper I set out to show that its foundations are unreliable. I shall maintain two basic theses: (a) the economics of happiness shows inconsistencies with the first person standpoint, contrary claims on the part of the economists of happiness notwithstanding, and (b) happiness is a dubious concept if it is understood as the goal of welfare policies. These two theses (...) are closely related and lead to a third thesis: (c) happiness should be replaced by autonomy as the fundamental goal of welfare economics. To defend my claims I shall show that a hedonic approach to happiness leads to an awkward trilemma. Furthermore, I shall clarify the meaning of and , along with their conceptual relationships. (shrink)

What does it mean to listen to someone respectfully, that is, insofar as they are due recognition respect? This paper addresses that question and gives the following answer: it is to listen in such a way that you are open to being surprised. A specific interpretation of this openness to surprise is then defended.

A participatory democracy necessarily minimizes legal restraints on its citizens, substituting, for the common good, moral obligations to contribute with their activities. This article argues that a democratic society is endangered unless both media and citizens accept reciprocal moral obligations related to the distribution and use of information. Journalists are expected to facilitate distribution of information and engage citizens usefully in the knowledge process, fueling the participatory engine that drives a democracy. Citizens, in return, have a reciprocal obligation to expose (...) themselves to useful information, respond publicly, tolerate (and even encourage) diversity, and protect media autonomy. (shrink)

. In this paper the nature and the role of Rawls's idea of a “free public reason” are examined with an emphasis on the divide between the private and the public spheres, a divide which is the hallmark of a liberal democracy. Criticisms from both the so‐called Continental tradition and the Communitarian opponents to liberalism insist on the ineffectiveness of such a conception, on its inability to establish a political consensus on democracy. But it would be a mistake to see (...) a contractarian theory of justice, such as Rawls's justice as fairness, as grounding the social contract in a public use of reason. Such a contract would indeed be susceptible to endless conflicts and renegotiations and would never achieve consensus. Therefore, a distinction must be made between the values of justice that are present in and through the “original” contractual position and the that regulate the public sphere and guarantee its stability. (shrink)

The article launches a conceptual argument against the suggestion that Christian fundamentalist women, having for religious reasons voluntarily chosen their subjugation, are not oppressed. The article also rebuts the related argument that Christian fundamentalism provides women with adequate means for subversive power. Instead, the article proposes that women within Christian fundamentalism are oppressed, because within Christian fundamentalism the very identity of ‘woman’ is construed as subjected, thus obliterating the possibility of choosing a non-subjected identity.

In this essay I critique two influential accounts of rational autonomy in common schooling that conceive liberalism as an ideal form of life, and I offer an alternative approach to democratic education that views liberal theory as concerned with coexistence among rival ways of living. This view places moral agency, not rational autonomy, at the heart of schooling in liberal societies—a moral agency grounded in initiation into dynamic traditions that enable self-definition and are accompanied by exposure to life-paths other than (...) one’s own. This alternative challenges the tendency in large diverse democracies (such as those of the US and the UK) to prefer common to particularistic schools, thereby placing many types of faith and secular schools on a more equal footing and providing moral justification for education in the national cultures of small liberal republics (such as Denmark, Israel and Lithuania) that maintain special relationships to particular groups while acknowledging the rights of all citizens. I call this approach the pedagogy of difference. (shrink)

This volume bridges contemporary philosophical conceptions of risk and responsibility and offers an extensive examination of the topic. It shows that risk and responsibility combine in ways that give rise to new philosophical questions and problems. Philosophical interest in the relationship between risk and responsibility continues to rise, due in no small part due to environmental crises, emerging technologies, legal developments, and new medical advances. Despite such interest, scholars are just now working out how to conceive of the links between (...) risk and responsibility, the implications that risks may have to conceptions of responsibility (and vice versa), as well as how such theorizing might play out in applied cases. With contributions from leading scholars, this volume brings together new work examining the interplay between risk and responsibility, exploring its varied philosophical aspects and applications to contemporary issues in law, bioethics, technology, and environmental ethics. Risk and Responsibility in Context will be of interest to philosophers working in ethics, bioethics, philosophy of law, and philosophy of technology, as well as scholars and practitioners in law, health and science management, public policy, and environmental studies. (shrink)

This chapter surveys libertarian thought on the question of “historic injustice,” which is when serious injustice goes unresolved for many years. After some historical discussion of early libertarian writing on the subject, I turn to the contemporary debate surrounding reparations for slavery. After outlining three arguments common among libertarians for reparations, common reasons for skepticism are also discussed. Then, special focus is given to the topic of land theft. In particular, I hone in on what I call the “Poisoning Problem,” (...) or the idea that natural rights approaches to property fail because so much of actually-existing property is founded in conquest. In the conclusion, I highlight two areas where libertarian writing on historic injustice is relatively quiet compared with broader writing on these topics: reparations of a less material sort and transitional injustice. Throughout this chapter, I typically refer to American slavery and land theft, but the discussion is meant to apply much further than those two cases. (shrink)

Contemporary philosophical debates surrounding toleration have revolved around three issues: What is toleration? Should we tolerate and, if so, why? What should be tolerated? These questions are of central importance to social and political thought.

I address the questions of whether or not the very existence of heaven provides a motivation for killing. If universalism is true, then anyone killed will end up there, as will the killer. And given that heaven is infinitely better than earth, killing would be, on this view, the greatest gift possible to the “victim.” But if universalism is not true, there is perhaps an even greater incentive to kill one’s loved ones if one knows them to be currently heaven-bound: (...) that is, to save them from the risk of an infinitely terrible fate, that of somehow damning themselves between now and their natural death. This is an issue that we have all surely wondered about: if we’re going to heaven, what’s so bad about death that it must be condemned? But I think there is also a less-discussed problem raised by the very existence of heaven: that the existence of earth is thereby made redundant. What is earth but an annoying antechamber for heaven, one that we all wish we could bypass? I consider various attempts both to forestall the motivation for altruistic killing and to provide a justification for earth as more than a poor version of purgatory, and fail to find any that are truly compelling. I conclude that the existence of earth is therefore itself an argument against the existence of heaven. (shrink)

ABSTRACT This article examines the prominent Japanese postwar thinker Maruyama Masao’s critical engagement with his contemporary German legal theorist Carl Schmitt. Maruyama engaged with Schmitt’s decisionistic notion of “the political” and sovereignty since he found it useful in addressing the pathological elements of Japanese political culture, namely, the widespread political passivity and fatalistic ethos of the Japanese public. In his view, such a “decision-avoiding” political culture, which had contributed to the rise of fascism in interwar and wartime Japan, posed a (...) fundamental threat to the viability of Japan’s postwar democracy. Although Maruyama objected to Schmitt’s authoritarian theory of political leadership, he nevertheless believed Schmitt provided important insights into the key concepts of modern politics, such as political agency and the constituent power of the people. In his efforts to foster political subjectivity and liberal individuality in postwar Japan, Maruyama attempted to strike a balance between two extremes: Schmittian normless decisionism, on the one hand, and a politically naïve liberal constitutionalism, on the other. I conclude by suggesting that the hitherto overlooked intellectual affinity between Maruyama and one of the leading Weimar-era constitutional theorists—Hermann Heller—can enrich our understanding of Maruyama’s unceasing effort to formulate and insist on the imperative role of political subjectivity and liberal individuality in consolidating liberal democracy in postwar Japan. (shrink)

ABSTRACT This article examines the prominent Japanese postwar thinker Maruyama Masao’s critical engagement with his contemporary German legal theorist Carl Schmitt. Maruyama engaged with Schmitt’s decisionistic notion of “the political” and sovereignty since he found it useful in addressing the pathological elements of Japanese political culture, namely, the widespread political passivity and fatalistic ethos of the Japanese public. In his view, such a “decision-avoiding” political culture, which had contributed to the rise of fascism in interwar and wartime Japan, posed a (...) fundamental threat to the viability of Japan’s postwar democracy. Although Maruyama objected to Schmitt’s authoritarian theory of political leadership, he nevertheless believed Schmitt provided important insights into the key concepts of modern politics, such as political agency and the constituent power of the people. In his efforts to foster political subjectivity and liberal individuality in postwar Japan, Maruyama attempted to strike a balance between two extremes: Schmittian normless decisionism, on the one hand, and a politically naïve liberal constitutionalism, on the other. I conclude by suggesting that the hitherto overlooked intellectual affinity between Maruyama and one of the leading Weimar-era constitutional theorists—Hermann Heller—can enrich our understanding of Maruyama’s unceasing effort to formulate and insist on the imperative role of political subjectivity and liberal individuality in consolidating liberal democracy in postwar Japan. (shrink)

Offering the first developed account of political liberal education, this book combines a thorough analysis of the theoretical groundwork of political liberal education with application-oriented approaches to contemporary educational challenges. Following in depth engagement with the shortcomings of Rawls’ theory and addressing some key objections to neutrality-based restrictions in education, the volume moves on to provide an insightful discussion of topics such as same-sex relations in sex-education, the position of migrant children and the rights of religious parents to determine the (...) education of their children. This book outlines a political liberal account of education which provides a useful contribution to the current debates about liberalism and education in a way unprecedented in the literature on political liberalism so far. It is of interest to anyone working at the intersection of political philosophy and philosophy of education as well as for scholars with a broader interest in how liberalism can respond to the challenges of value pluralism. (shrink)

Which epistemic value is the standard according to which we ought to compare, assess and design institutional arrangements in terms of their epistemic properties? Two main options are agent development and attainment of truth. The options are presented through two authoritative contemporary accounts-agent development by Robert Talisse’s understanding in Democracy and Moral Conflict and attainment of truth by David Estlund’s treatment, most prominently in Democratic Authority: A Philosophical Framework. Both options are shown to be unsatisfactory because they are subject to (...) problematic risk of suboptimal epistemic state lock-in. The ability of the social epistemic system to revise suboptimal epistemic states is argued to be the best option for a comparative standard in institutional epistemology. (shrink)

According to theories of wrongful life (WL), the imposition upon a child of an existence of poor quality can constitute an act of harming, and a violation of the child’s rights. The idea that there can be WLs may seem intuitively compelling. But, as this paper argues, liberals who commit themselves to WL theories may have to compromise some of their other beliefs. For they will thereby become committed to the claim that some women are under a stringent moral duty (...) to have an abortion: a duty that could, without injustice, at least sometimes be enforced by the state. WL theories in other words imply that some women will lack a right to choose, under which both the decision to abort, and the decision to carry the fetus to term, are protected against interference. The paper exposes a dilemma, then, for liberals who are committed both to (a) the rights of future people not to be subjected to a harmful existence, and (b) the rights of women to refuse an abortion. (shrink)

What role should legislation or policy play in avoiding the complications of in-vitro fertilization? In this article, we focus on single versus double embryo transfer, and assess three arguments in favour of mandatory single embryo transfer: risks to the mother, risks to resultant children, and costs to society. We highlight significant ethical concerns about each of these. Reproductive autonomy and non-paternalism are strong enough to outweigh the health concerns for the woman. Complications due to non-identity cast doubt on the extent (...) to which children are harmed. Twinning may offer an overall benefit rather than burden to society. Finally, including the future health costs for children in reproductive policy is inconsistent with other decisions. We conclude that mandatory single embryo transfer is not justified and that a number of countries should reconsider their current embryo transfer policy. (shrink)

A growing body of literature in feminist philosophy exposes the way in which occupying a particular group identity inhibits an affected agent’s ability to engage in communicative exchange effectively. These accounts reveal a fault in standard liberal defences of free speech, showing how, if free speech is a goal worth pursuing, then it must involve both a concern about the legitimate limits of state interference and of the effect of social norms on an agent’s communicative capacities. Building on the emergence (...) of a ‘critical’ branch of neo-republicanism, this article argues that such speech-related injustices are best understood as a feature of structural domination that threatens the agency of those affected. Recalibrating our understanding of free speech along critical republican lines thus secures discursive agency in our communicative exchanges in a way that both ensures democratic legitimacy and realises equal status for all. (shrink)

Abstract ?The marketplace of ideas? is a powerful legal and political metaphor?a bulwark of an open, liberal society?that suggests a positivistic debate utilizing reason and evidence. In reality, however, the marketplace of ideas often consists of illogic and bad evidence, producing clutter and confusion. The parallel with scientific research is misinformed. Evidence from collective decision?making and small group studies cast grave doubts on the ?marketplace's? ability to maximize truth.

Drawing on Iris Marion Young’s essay, “House and Home: Feminist Variations on a Theme,” Weir argues for an alternative ideal of home that involves: (1) the risk of connection, and of sustaining relationship through conflict; (2) relational identities, constituted through both relations of power and relations of mutuality, love, and flourishing; (3) relational autonomy: freedom as the capacity to be in relationships one desires, and freedom as expansion of self in relationship; and (4) connection to past and future, through reinterpretive (...) preservation and transformative identification. (shrink)