Robert Nozick's Anarchy, State, and Utopia made libertarianism a major theory in political philosophy. However, the book is often misread as making impractical, question‐begging arguments on the basis of a libertarian self‐ownership principle. This essay explains how academic philosophical libertarianism since Robert Nozick has returned to its humanistic, classical liberal roots. Contemporary libertarians largely work within the PPE (politics, philosophy, and economics) tradition and do what Michael Huemer calls “non‐ideal, non‐theory.” They more or less embrace rather than reject ideals of (...) social justice, and they accept that positive liberty is important. The difference between them and Left‐liberals is not so much a dispute over fundamental values, but empirical disagreements about the extent of market versus government failure. In contemporary political philosophy, libertarianism remains a significant but influential minority position.1 Nevertheless, many philosophers have little sense of how libertarian and classical liberal thought has developed and changed after Robert Nozick's seminal Anarchy, State, and Utopia, published in 1974. This essay provides a short guide. The terms “libertarianism” and “classical liberalism” refer to a body of related views about politics, philosophy, and economics. As a body of related ideas, classical liberalism has the unity of a neighborhood more than a house. That said, libertarians and classical liberals generally tend to argue for following two sets of claims: As a matter of justice, each individual has an extensive set of negative civil and economic rights, which cannot easily be overridden in the name of utility, stability, or desirable cultural goals. Granting everyone a wide scope of personal and economic liberty tends to generate good consequences, while restrictions on liberty tend to produce bad consequences. Classical liberals accept that markets and civil society can fail, but they argue government agents generally lack both the competence and the motivation to intervene in ways that fix rather than exacerbate the problems (Mueller, 2003). The first set of arguments is deontological; the second is consequentialist. Early classical liberal thinkers, such as Adam Smith, Adam Ferguson, and David Hume, did not quite recognize this distinction. They made both arguments without any apparent worry that these were different kinds of argument. But Robert Nozick, the most famous libertarian philosopher of the Twentieth Century, seemed to focus almost entirely on rebutting deontological arguments against libertarianism with providing deontological arguments of his own. This tendency, along with the radical contrarianism of certain other mid‐Twentieth Century libertarians, seems to cause the perception that libertarians are impractical and inhumane (Barry, 1975; Sachs, 2012). In contrast to Nozick, contemporary classical liberal thought is largely pre‐occupied with social justice issues and with assessing the expected consequences of adopting various institutions and policies. In a sense, this a return to Adam Smith and origins of classical liberal thought: Contemporary classical liberals are not so much synthesizing left‐liberalism and classical liberalism as they are instead clarifying the basic concerns that have driven mainline classical liberal thought all along.2. (shrink)

In Rawlsian political philosophy, “basic liberties” are rights subject to a high degree of protection, such that they cannot easily be overridden for concerns of stability, efficiency, or social justice. For Rawls, something qualifies as a basic liberty if and only if bears the right relationship to our “two moral powers”: a capacity to form a sense of the good life and a capacity for a sense of justice. However, which rights are basic liberties is subject to frequent ideological debate, (...) which Rawlsian libertarians and Rawlsian socialists arguing that Rawls's own view is mistaken or incomplete. I argue that problem is that Moral Powers Test does not quite work. Only a small amount of liberty—not enough to qualify a society as liberal—can clearly be shown to pass the Moral Powers Test. One might attempt to rescue the Moral Powers Test by relaxing or modifying its requirements, but, I will argue, there appears to be no unproblematic and nonquestion‐begging way to do so. The Moral Powers Test must be abandoned or, at least, requires some unknown but radical revision or require supplements from outside Rawls's own theory. (shrink)

The common conception of justice as reciprocity seemingly is inapplicable to relations between non-overlapping generations. This is a challenge also to John Rawls’s theory of justice as fairness. This text responds to this by way of reinterpreting and developing Rawls’s theory. First, by examining the original position as a model, some revisions of it are shown to be wanting. Second, by drawing on the methodology of constructivism, an alternative solution is proposed: an amendment to the primary goods named ‘sustainability of (...) values’. This revised original position lends support to intergenerational justice as fairness. (shrink)

Some key political challenges today, e.g. climate change, are future oriented. The intergenerational setting differs in some notable ways from the intragenerational one, creating obstacles to theorizing about intergenerational justice. One concern is that as the circumstances of justice do not pertain intergenerationally, intergenerational justice is not meaningful. In this paper, I scrutinize this worry by analysing the presentations of the doctrine of the circumstances of justice by David Hume and John Rawls. I argue that we should accept the upshot (...) of their idea, that justice is context sensitive, even if this at first sight seems to invalidate intergenerational justice. On the basis of moral constructivism, I subsequently provide a fresh reading of the doctrine according to which it conveys the idea that justice is the solution to a practical problem. However, as the problem background is evolving, we need to properly characterize the relevant practical problem in order to make ethical theorizing relevant. Contrary to what has been claimed, the circumstances of justice do not then clash with intergenerational justice, but are the necessary presuppositions for its advancement. (shrink)

What attitude would a just state take to the inheritance of property? Would confiscatory taxes on the estate of the deceased be morally acceptable, or would they represent some kind of wrong? While there is a good amount of political philosophical scholarship that considers the desirability of inheritance tax, there appears to be little that has considered it from the perspective of rights theory, asking what kind of thing a right to bequeath or to inherit would be, and whether those (...) putative rights are defeasible. I argue here that putative inheritance rights are best made sense of as interest-rights. However, while agents may have interests in bequest and inheritance, it is also plausible that the community as a whole has interests that would be served by a confiscatory inheritance tax; and if inheritors’ and testators’ interests are strong enough to generate a prima facie right, it is also plausible that the community would have a competing prima facie right. Importantly, there is reason to think that the community’s interests trump the testator’s and the inheritor’s; if there are thoroughgoing rights in respect of inheritance, it is not at all clear that a highly confiscatory tax would violate them. (shrink)

Policies that shift the costs of higher education from the taxpayer to the university student or graduate are increasingly popular, yet they have not been subjected to a thorough normative analysis. This paper provides a critical survey of the standard arguments that have been used in the public debate on higher education funding. These arguments are found to be wanting. In their place, the paper offers a more systematic approach for dealing with the normative issues raised by the funding of (...) higher education. This approach is drawn from the political theory of John Rawls, whose view seeks to reconcile the values of equality, efficiency, and liberty. I show that, contrary to what we may think at first, an egalitarian approach like Rawls’ does not in principle rule out policies that shift the funding burden from taxpayers to students or graduates. Which funding policy that approach selects as most fair will instead depend on the likely impact on the lifetime income prospects of the worst-off group in society, and this is a question which will need to be settled by empirical evidence. (shrink)

Since 2011, the focus of international negotiations under the UNFCCC has been on producing a new climate agreement to be adopted in 2015. This phase of negotiations is known as the Durban Platform for Enhanced Action. The goal has been to update the global effort on climate for long-term cooperation. In this period, various changes have been contemplated on the design of the architecture of the global climate effort. Whereas previously, the negotiation process consisted of setting mandated targets exclusively for (...) developed countries, the current setting requests of each country to pledge its contribution to the climate effort in the form of Intended Nationally Determined Contributions. The shift away from establishing negotiated targets for rich countries alone towards a universal system of participation through intended contributions raised persistent questions on how exactly the new agreement can ensure equitable terms. How to conceptualize equity within the 2015 climate agreement, and beyond, is the focus of this paper. The paper advances a framework on equity, which moves away from substantive moral conceptions of burden allocation toward refining principles of public reason specially designed for the negotiation process under the UNFCCC. The paper outlines the framework’s main features and discusses how it can serve a facilitating role for multilateral discussion on equity on a long-term basis capable of adapting to changing circumstances. (shrink)

Abstract: Philosophers who have addressed the problems of enduring racial injustice have been suspicious of the role played by ideal theory in ethics and political philosophy generally, and in contemporary liberal political philosophy in particular. The theoretical marginalization of race in the work of Rawls has led some to charge that ideal theory is at the very least unhelpful in understanding one of the most significant forms of contemporary injustice, and is at worst ideological in the pejorative sense. To explore (...) these concerns, I formulate five related criticisms of ideal theory and examine each as it would be applied to Rawls's political philosophy. My thesis is that the strongest criticisms—namely, that ideal theory is essentially ideological and cannot provide adequate grounds for justifying race-conscious, equality-securing measures—ultimately miss the mark. But other criticisms of ideal theory are more plausible, and most plausibly directed to an area of Rawls's thought often ignored in discussions of liberalism and race, namely, his account of citizenship and public reasoning. (shrink)

This article begins with an examination of Peter Singer's ‘solution’ to global poverty as a way to develop a theory of ‘justice in assistance.’ It argues that Singer's work, while compelling, does not seriously engage with the institutions necessary to relieve global poverty. In order to realise our obligations it is necessary to employ secondary agents, such as non-governmental organisations, that produce complex social relationships with the global poor. We should be concerned that the affluent and their secondary agents are (...) complicit with unjust institutions or can be the source of injustice. What is needed is a theory of justice in assistance. This is a distinct area of justice theory because these agents are not primary agents, like states, but they often provide the basic social goods that we associate with primary agents. The article ends by putting forward a provisional conception of justice in assistance based on the republican idea of non-domination. (shrink)

ABSTRACT:This paper re-examines the import of Rawls’s theory of justice for private sector institutions in the face of the decline of the welfare state. The argument is based on a Rawlsian conception of justice as the establishment of a basic structure of society that guarantees a fair distribution of primary goods. We propose that the decline of the welfare state witnessed in Western countries over the past forty years prompts a reassessment of the boundaries of the basic structure in order (...) to include additional corporate institutions. A discussion centered on the primary good of self-respect, but extensible to power and prerogatives as well as income and wealth, examines how the legislator should intervene in private sector institutions to counterbalance any unfairness that results from the decline of the welfare state. (shrink)

Neutralists have argued that there is something illiberal about linking access to gift-like resources to work requirements. The central liberal motivation for basic income is to provide greater freedom to choose between different ways of life, including options attaching great importance to non-market activities and disposable time. As argued by Philippe Van Parijs, even those spending their days surfing should be fed. This article examines Van Parijs' dual commitment to a ‘real libertarian’ justification of basic income and the public enforcement (...) of a strong work ethos, which serves to boost the volume of work at a given rate of taxation. It is argued (contra Van Parijs) that this alliance faces the neutrality objection: the work ethos will largely offset the liberal gains of unconditionality by radically restricting the set of permissible options available. A relaxed, non-obligatory ethos might avoid this implication. This view, however, is vulnerable to the structural exploitation objection: feasibility is achieved only because some choose to do necessary tasks to which most people have the same aversion. In light of these objections, the article examines whether there is a morally untainted feasibility path consistent with liberal objectives. (shrink)

How can we equalize opportunities while respecting people’s freedom? According to a view that I call libertarian resourcism, people’s fair shares of resources should normally take the form of uncon...

This article brings together two debates in contemporary political philosophy: on the one hand, the dispute between the distributive and relational approaches to equality and, on the other hand, the field of intergenerational equality. I offer an original contribution to the second domain and by doing so, I inform the first. The aim of this article is thus twofold: shedding some light on an under-researched and yet crucial question – ‘which inequalities between generations matter?’ and contributing to a far-reaching debate (...) that touches upon the nature of egalitarianism. After showing that there are two key problems that fall within the scope of intergenerational equality – questions of justice between age groups and questions of equality between birth cohorts – I argue that, contrary to what the default distributive view states, some inequalities between age groups matter independently of their diachronic impact, and so partly for relational reasons. I argue that, even if we are distributive egalitarians, we must endorse the relational egalitarian conception to successfully make sense of some inequalities between age groups. I infer from this both that the putative view that the ‘relational’ conception of equality can be redescribed as distributive must be rejected and that the distributive view requires supplementation by the relational view. (shrink)

This paper advances a framework to conceptualize societal care-giving arrangements abstractly. It is abstract in that it brackets the meaning of our particular relationships. This framework, which I call “the arrow of care map”, is a descriptive tracking model that is a necessary component of a theory of justice, but it is not a normative prescription in itself. The basic idea of the map is then multiply specifiable to track various ascriptive identity categories as well as different categories of care (...) labor. In this way, the idea of the arrow of care map serves as a conceptual frame within which to begin to understand every human society’s care-giving arrangement. I characterize it as a component of “ideal theory” insofar as it seeks to clarify our values, without the immediate aim of formulating principles to govern a just society. The resultant partial theory of justice is one that responds to non-ideal theory’s critiques of the ideological nature of liberal contractarianism’s idealizations and abstractions while moving towards new visions of a just society. (shrink)

The paper challenges the view that public justification sits well with emancipatory and egalitarian intuitions. I distinguish between the depth, scope and the purchase of the discursive standing that such justification allocates, and situate within this matrix Rawls’s view of public justification. A standard objection to this view is that public justification should be more inclusive in scope. This is both plausible and problematic in emancipatory and egalitarian terms. If inclusive public justification allocates discursive standing that is rich in purchase, (...) as seems desirable in emancipatory terms, it may be unable to allocate equal standing to all relevant people. And if it is to allocate equal standing, then the equality of that standing should be construed in terms that allow for unequal discursive purchase. (shrink)

Rainer Forst’s constructivism argues that a right to justification provides a reasonably non-rejectable foundation of justice. With an exemplary focus on his attempt to ground human rights, I argue that this right cannot provide such a foundation. To accord to others such a right is to include them in the scope of discursive respect. But it is reasonably contested whether we should accord to others equal discursive respect. It follows that Forst’s constructivism cannot ground human rights, or justice, categorically. At (...) best, it can ground them hypothetically. This opens the door wide for ethical foundations of human rights. (shrink)

Conceptions of acceptability-based moral or political justification take it that authoritative acceptability constitutes, or contributes to, validity, or justification. There is no agreement as to what bar for authoritativeness such justification may employ. The paper engages the issue in relation to (i) the level of idealization that a bar for authoritativeness, ψ, imparts to a standard of acceptability-based justification, S, and (ii) the degree of discursive purchase of the discursive standing that S accords to people when it builds ψ. I (...) argue that (i) and (ii) are interdependent: high idealization values entail low discursive purchase, while high degrees of purchase require low idealization values. I then distinguish between alethic conceptions of justification that prioritize ends that commit to high idealization values, and recognitive conceptions that favour high discursive purchase. On this basis, I argue for a moderately recognitivist constraint on idealization. To render the recognitive discursive minimum available to relevant people at the site of justification, S should set ψ low enough so that it is a genuine option for actual people to reject relevant views in ways that S recognizes as authoritative. (shrink)

This paper explores the idea of robust discursive equality on which respect-based conceptions of justificatory reciprocity often draw. I distinguish between formal and substantive discursive equality and argue that if justificatory reciprocity requires that people be accorded formally equal discursive standing, robust discursive equality should not be construed as requiring standing that is equal substantively, or in terms of its discursive purchase. Still, robust discursive equality is purchase sensitive: it does not obtain when discursive standing is impermissibly unequal in purchase. (...) I then showcase different candidate conceptions of purchase justice, and draw conclusions about the substantive commitments of justificatory reciprocity. (shrink)

If it is a requirement of justice that everyone has access to basic goods and services, then justice requires that the work that is necessary to produce the relevant goods and provide the relevant services is performed. Two widely accepted views, however, together rule out requirements of justice to perform such work. These are, roughly, that the state cannot force people to perform it, and that individuals are not obligated to perform it voluntarily. Lucas Stanczyk argues that we should resolve (...) this inconsistency by endorsing widely rejected coercive policies, such as compulsory service requirements. I argue that Stanczyk’s proposal fails to fully resolve the inconsistency, and that any acceptable resolution will entail that individuals can be obligated to voluntarily perform the necessary work. I conclude that accepting even modest requirements of access to basic goods and services requires rejecting the view that principles of justice do not apply directly to individual conduct. (shrink)

The urgent importance of dealing with the climate crisis has led some influential theorists to argue that at least some demands for justice must give way to pragmatic and strategic considerations. These theorists (Cass Sunstein, Eric Posner, and David Weisbach, all academic lawyers, and John Broome, an academic philosopher) contend that the failures of international negotiations and other efforts to change economic policies and practices have shown that moral exhortations are worse than ineffective. Although Broome's position is similar in these (...) respects to that of Sunstein, Posner and Weisbach, it differs in other important respects, including his understanding of the idea of justice, his disagreement with the policy approach (which he calls "efficiency with sacrifice") favored by the economists Nicholas Stern and William Nordhaus, and his proposal for establishing a new international financial institution, a World Climate Bank, in addition to putting a price on carbon. Elsewhere I offer a critical analysis of the position taken by Posner and Weisbach in their book, Climate Change Justice. Their arguments against allowing principles of distributive justice (narrowly understood) to constrain treaty negotiations fail to rule out the principles of John Rawls' Law of Peoples (which is a conception of the moral basis of a just international order, including states' obligations to secure basic human rights for all). Therefore their arguments against shaping climate treaties to reflect any principles of justice do not succeed in supporting their position. Here I offer a critical analysis of Broome's position. I raise and discuss objections to Broome's proposal for a WCB, and I argue that the continued relevance of these objections is contingent on how the proposal for a WCB may get developed. (shrink)

In my reply to Pogge's critique of Rawls's international relations theory, I will try to show two things: (1) that Pogge's account of the public criterion of domestic social justice endorsed by Rawls is a partial one and (2) that this leads him to wrongly postulate a significant asymmetry between Rawls's domestic and international theories of justice. In the end, I hope to show that the domestic and international accounts are characterized by a significant degree of symmetry ? that both (...) accounts are motivated by Rawls's fundamental concern with self-respect. In other words, a more expansive, complete account of the domestic public criterion of social justice necessarily leads us (contra Pogge) to affirm a significant degree of continuity between the domestic and international accounts. (shrink)

Obstacles to achieving a global climate treaty include disagreements about questions of justice raised by the UNFCCC's principle that countries should respond to climate change by taking cooperative action "in accordance with their common but differentiated responsibilities and respective capabilities and their social and economic conditions". Aiming to circumvent such disagreements, Climate Change Justice authors Eric Posner and David Weisbach argue against shaping treaty proposals according to requirements of either distributive or corrective justice. The USA's climate envoy, Todd Stern, takes (...) a similar position. In this article I explain the practical and theoretical drawbacks of Posner & Weisbach's welfarist perspective and propose an alternative. I show that their arguments fail to rule out John Rawls' non-utilitarian, political conception of international justice and human rights, the Law of Peoples. On this basis I develop a conception of climate justice that highlights implications of some of Rawls' principles and adds a principle for determining fair shares of climate -treaty-related benefits and burdens. I propose this conception as a moral framework for negotiating a treaty that would promote human welfare consistently with requirements of justice, and I argue that a treaty proposal satisfying these requirements could best satisfy Posner & Weisbach's own feasibility criteria. (shrink)

The status of scientific knowledge in political liberalism is controversial. Although Rawls argued that the noncontroversial methods and conclusions of science belong to the kind of reasons that citizens can legitimately call forth in public deliberation, critics have observed that the complexity and elaborateness of scientific arguments drive them away from the spirit of public reason, i.e., that which should reflect judgments that are the product of general beliefs and forms of reasoning found in common sense. In other words, scientific (...) claims remain as inaccessible as esoteric or religious reasons. This paper contends that this objection can be met by introducing a crucial assumption, drawn from W. V. O. Quine and the ‘naturalized epistemology’ tradition: that scientific reasoning and everyday reasoning are not two different epistemic categories but rather form a continuum. The former is just a filtered or refined version of the latter. Accordingly, evidence-based scientific reasoning is common to all citizens, regardless of their actual acceptance of specific scientific claims. Following the Quinean Assumption, political liberals may argue that, unlike religious or esoteric sources of knowledge, scientific reasoning is the expression of a cognitive operation that is fundamentally shared across comprehensive doctrines and politically reasonable individuals. (shrink)

This paper considers whether the promotion of an environmental ethic in schools is compatible with the political liberal's commitment to ‘neutrality’. A new account of the implications of John Rawls's political liberalism for the ‘basic structure’ of education is developed. The prima facie incompatibility of political liberalism and the promotion of an environmental ethic is misleading. Rawls's political liberalism requires—as a matter of intergenerational justice—the promotion of the ‘sustainability virtues’. Moreover, it permits the promotion of ‘greener’ ideals.

‘The deep state’ is a theme in a recent conspiracy theory according to which opaque segments of the public administration prevent the will of the people from being fully reflected in public policy...

Amy Allen presents Adorno’s and Horkheimer’s Dialectic of Enlightenment as a productive movement between a commitment to the project of reason and a sensitivity to the effects on reason of power and domination. Agreeing with the thrust of her paper, my response considers two questions that Allen’s paper opens up. The first asks how individuals might seek emancipation through reason, knowing that their reason cannot transcend contexts of power. The second asks how best to practise critical theory, given that its (...) analyses and categories cannot rid themselves of contexts of domination. To the first, I answer that Allen’s account of creative individual effort needs to be supplemented by the cultivation of an accommodating and welcoming culture, marked by the sorts of civic attitudes that Derrida and Habermas bring to their maturing relationship. Regarding the second, I extend Allen’s hopes for a post-Habermasian phase of critical theory, indicating four resources in contemporary French philosophy for its further development. (shrink)

This article argues that Honneth’s ‘plural conception of justice’, founded on a theory of recognition, does not succeed in distancing itself from Rawls’ liberal theory of justice. The article develops its argument by evaluating three major objections to Rawls’ liberalism raised by Honneth in his recent articles on justice: namely, first, that the parties responsible for choosing principles of justice are too individualistic and their practical reasoning too instrumentalist; second, that by taking as its ‘object-domain’ the negative liberty of persons, (...) Rawls’ theory fails to promote the actual realization of liberty; and finally, that Rawls’ method of principle justification undermines the ‘priority’ of its Kantian ‘formality’ by presupposing a substantive commitment to a conception of individual good. Arguing that Honneth’s interpretation of Rawls’ theory contains important errors, the article concludes that both theories share the basic intention of securing for all citizens the material and institutional conditions for the actualization of otherwise merely formal liberties or, in Honneth’s terms, mutual self-realization. (shrink)

This paper presents an account of liberal feminism as a capacious family of doctrines. The account is capacious in the sense that it sweeps in a wide variety of doctrines, including some thought to be challenges to liberal feminism, and allows us to refer to doctrines with more than one label—so we can identify, for example, care-ethical liberal feminism, socially conservative liberal feminism, and liberal socialist feminism. The capacious account also provides a conceptual framework to allow us to think with (...) greater clarity about the scope of liberal feminist claims to justice, and about how that justice is to be secured and sustained. Since there is such variety within the liberal feminist family of doctrines, it makes little sense to criticize or defend liberal feminism simpliciter. The capacious account both requires and makes it possible for us to eschew such talk and focus instead on the particular doctrines we have in mind. (shrink)

This article tries to develop a moderate reading of political liberalism applicable to post-Islamist, Muslim-majority societies. Contrary to the strong reading, which considers political liberalism as limited in its scope to those societies that already have a strong liberal tradition, I argue that Rawls’ project does have something to offer to reasonable post-Islamist, Muslim individuals. In part I of the article the idea of a post-Islamist, Muslim-majority society is conceptualized and explained. Part II focuses on the Rawlsian ideas of justification, (...) demonstrating that the conceptions of justification available in political liberalism, i.e. political constructivism, wide reflective equilibrium and a wide view of public reasoning with its ideas of declaration and conjecture, can justify the political conception of justice for reasonable individuals living in any society, including post-Islamist ones. Focusing on Rawls’ notions of stability in part III, I argue that the idea of overlapping consensus should not be considered as the only account of stability offered by political liberalism. Put another way, notwithstanding the strong reading of political liberalism in real western and post-Islamist democracies, liberal stability is always a mixture of overlapping consensus and modus vivendi. (shrink)

This article argues that diverse theorists have reasons to theorize about fairness in nonideal conditions, including theorists who reject fairness in ideal theory. It then develops a new all-purpose model of ‘nonideal fairness.’ §1 argues that fairness is central to nonideal theory across diverse ideological and methodological frameworks. §2 then argues that ‘nonideal fairness’ is best modeled by a nonideal original position adaptable to different nonideal conditions and background normative frameworks (including anti-Rawlsian ones). §3 then argues that the parties to (...) the model have grounds to seek a variety of remedial social, legal, cultural, and economic ‘nonideal primary goods’ for combating injustice, as well as grounds to distribute these goods in an equitable and inclusive manner. Finally, I illustrate how the model indexes the nonideal primary goods it justifies to different nonideal contexts and background normative frameworks, illustrating why diverse theorists should find the model and its output principles attractive. (shrink)

Self-authorship has been established as the basis of an influential liberal principle of legislation and public policy. Being the author of one’s own life is a significant component of one’s own well-being, and therefore is better understood from the viewpoint of the person whose life it is. However, most philosophical accounts, including Raz’s conception of self-authorship, rely on general and abstract principles rather than specific, individual psychological properties of the person whose life it is. We elaborate on the principles of (...) self-authorship on the basis of self-determination theory, an empirically based psychological theory that has been at the forefront of the study of autonomy and self-authorship for more than 45 years. Our account transcends distinctions between positive and negative freedom and attempts to pinpoint the exact properties of self-authorship within the psychological processes of intrinsic motivation and internalization. If a primary objective of public policy is to support self-authorship, then it should be devised on the basis of how intrinsic motivation and internalization can be properly supported. Self-determination theory identifies three basic psychological needs: autonomy, competence, and relatedness. The satisfaction of these needs is associated with the support and growth of intrinsic tendencies and the advancement of well-being. Through this analysis, we can properly evaluate the significance of rationality, basic goods, and the availability of options to self-authorship. Implications for law and policy are discussed with an emphasis on legal paternalism and what many theorists call “liberal perfectionism,” that is, the non-coercive support and promotion of the good life. (shrink)

The focus of this article is on nursing students' perceptions of interactional justice during student—staff nurse encounters. A descriptive survey using a combined questionnaire on interactional justice was used to collect the data. Reliability analysis for the theoretical dimensions of interactional justice revealed a Cronbach's alpha value greater than 0.70. The student nurses perceived staff nurses to be interactionally unjust during their contact with them. Significant differences were observed between interactional justice and some demographic characteristics of students. Fourth year students (...) perceived staff to provide better justifications for decisions that affect them than third and second year students. Although black students, in contrast to white students, perceived clinical staff as significantly more truthful, these results are inconclusive. Students who engage for longer periods of time in the clinical learning context perceived their relationships and how they are treated by clinical staff as more just. Recommendations for further research are made. (shrink)

To be a liberal is, among other things, to grant basic liberties some degree of priority over other aspects of justice. But why do basic liberties warrant this special treatment? For Rawls, the answer has to do with the allegedly special connection between these freedoms and the ‘two moral powers’ of reasonableness and rationality. Basic freedoms are said to be preconditions for the development and exercise of these powers and are held to warrant priority over other justice-relevant values for that (...) reason. In the first half of the article I mount an internal critique of this Rawlsian line, arguing that it is flawed in two main ways. First, it overestimates the contribution of basic freedom to moral personality. Second, it underestimates the contribution of non-liberty resources to moral personality. In the second half of the article I repair these flaws. The result is a new, intriguingly radical version of justice as fairness, one with surprising—yet plausible—implications for economic and gender justice. (shrink)

John Tomasi argues that aggressively pro-market, capitalist regimes can secure fair equality of opportunity—a level playing field—even as they honor people's thick economic liberties. The trick is to rely on markets to spread prosperity and high-quality healthcare and education to all. That done, each person will have fair opportunity. Or will she? In truth, Tomasi's “market-democratic” plan cannot bring genuinely fair opportunity to all, even at the level of ideal theory. Nor can it plausibly promise to increase the “quality” of (...) opportunity: the supply, that is, of intrinsically desirable work. (shrink)

This paper answers the title question, “Yes,” on both counts. The first part of the paper argues that modern liberals are socialists, and the second part argues that they are also social democrats. The main idea behind the first argument is that the state has effectively taken control of the incidents of ownership through its taxation, spending, and regulatory policies. The main idea behind the second argument is that the institutions of social democracy are replicated by the institutions favored by (...) modern American liberalism. Specifically, the takeover of the American healthcare system, Social Security, employers' mandatory contributions to unemployment insurance, and workers' compensation insurance replicate the institutions of social democracy. (shrink)

This essay identifies ‘oligarchic harm’ as a dire threat confronting contemporary democracies. I provide a formal standard for classifying oligarchs: those who use personal access to concentrated w...

This essay identifies ‘oligarchic harm’ as a dire threat confronting contemporary democracies. I provide a formal standard for classifying oligarchs: those who use personal access to concentrated wealth to pursue harmful forms of discretionary influence. I then use Aristotle to think through both the moral and the epistemic dilemmas of oligarchic harm, highlighting Aristotle’s concerns about the difficulties of using wealth as a ‘proxy’ for virtue. While Aristotle’s thought provides great resources for diagnosing oligarchic threats, it proves less useful as (...) a guide to democratic institutional design. Aristotle raises a deep-seated objection to democratic forms of ‘rule by the poor.’ A successful response to oligarchy must move beyond Aristotle’s objection and affirm the demos’ tripartite status as many, free, and poor. I briefly outline the terms of this ‘new’ mixed regime: one that seeks to tame oligarchy through a mixture of aggregative, deliberative, and plebeian institutions. (shrink)

Proponents of political liberalism standardly assume that the citizens of an ideal liberal society would be overwhelmingly reasonable. I argue that this assumption violates political liberalism's own constraints of realism—constraints that are necessary to frame the central problem that political liberalism aims to solve, that is, the problem of reasonable pluralism. To be consistent with these constraints, political liberalism must recognize that, as with reasonable pluralism, widespread support for unreasonable moral and political views is an inevitable feature of any liberal (...) society. I call this the fact of unreasonable pluralism. This fact threatens Rawlsian political liberalism's account of stability because an overlapping consensus cannot stably order a society pervaded by unreasonable views. My argument also raises questions about the coherence of Rawls's conception of ideal theory. (shrink)

People tend to be biased and irrational about politics. Should this constrain what our normative theories of democracy can require? David Estlund argues that the answer is ‘no’. He contends that even if such facts show that the requirements of a normative theory are very unlikely to be met, this need not imply that the theory is unduly unrealistic. I argue that the application of Estlund’s argument to political irrationality depends on a false presupposition: mainly, that being rational about politics (...) is something people could easily do if they tried. Since the empirical evidence shows that being rational about politics is actually quite difficult, Estlund’s argument comes up short. Moreover, I argue that the argument cannot plausibly be extended to insulate normative theories of democracy from facts about political irrationality because of the need for constraints of realism to explain the crucial role that appeals to (reasonable) disagreement play within such theories. (shrink)

An emerging branch of political theory, ‘the politics of dissensus’, starts out from the premise that in order to understand the politics of constitutional democracies, one needs to focus on parliamentary politics, which compromises both institutional settings and debates. Politics takes place among adversaries, and dissensus and argumentation pro et contra is the rule. The focus on the conditions for consensus in contemporary democratic theory accordingly misses the essence of politics. The politics of dissensus tends to think that the political (...) philosophy inaugurated by John Rawls, political liberalism in particular, is too idealistic and utopian to capture real parliamentary politics. I argue that this basic objection against political liberalism is misconceived. To the contrary, the politics of dissensus and political liberalism supplement each other. The impact of my argument is that research in these disparate fields of political studies ought to enlighten each of them. (shrink)

Politics has been defined in different and contradictory ways in the last century or so. If politics is to be a single subject of study then contradictory theories should be capable of being related together. In this article I argue that they can be related in terms of what I call the Aristotelian criterion. The article is in four parts. Firstly, I discuss the problem of defining politics; secondly, I introduce the criterion; thirdly, I consider five modern theories of politics (...) (those of Arendt, Oakeshott, Collingwood, Schmitt and Rancière) in relation to the criterion; and fourthly, I use the criterion to put forward an original and capacious definition of politics.1. (shrink)

Here is a sketch of a genealogy of political theory for the last century. This is a genealogy in Nietzsche’s sense: therefore, neither unhistorical taxonomy, nor a history of political theory as it is written by historians, but a typology in time. Four types of modern political theory are distinguished. These are called, with some justification, positive, normative, third way and sceptical political theory. Seen from the vantage of the twenty-first century, they form an instructive sequence, emerging as a series (...) of reactions to the canonical political theory that was established in the universities in the late nineteenth century. None of the four should be excluded from our conception of what political theory has been, though most of them, when seen genealogically, reveal their defects more clearly than they do when treated purely theoretically. Since this is a sceptical finding, the genealogy is a polemic against the first three types of modern political theory in favour of the last. (shrink)