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)

This article examines where Kant stands on the question of the redistribution of wealth and income both nationally and globally. Kant is rightly seen as a radical reformer of the world order from a political standpoint seeking a republican, federative worldwide system; can he also be seen as wanting to bring about an equally dramatic shift from an economic perspective? To answer this question we have first of all to address the question of whether he is an egalitarian or an (...) inegalitarian at the national level. Certainly there are certain social and material inequalities within a civil society Kant is prepared to accept and there are some he is not. This would imply that he would affirm certain inequalities at an international level and that there are others upon which he would recommend action. Thus the question arises as to whether or not it is appropriate for Kantians to regard the current enormous inequalities in wealth and income between individuals living in different parts of the globe as scandalous and in need of change. The paper throughout relates the problem of distributive justice within the state to the problem of distributive justice amongst states, arguing that this approach is warranted by Kant's own method. Particular attention is paid to how Kant's own approach to political philosophy may be deployed to underpin a change to a distinctive type of international distributive justice. (shrink)

Research Articles Jason Brennan, Social Philosophy and Policy, FirstView Article.

The moral psychology of sympathy is the linchpin of the sentimentalist moral theories of both David Hume and Adam Smith. In this paper, I attempt to diagnose the critical differences between Hume's and Smith's respective accounts of sympathy in order to argue that Smithian sympathy is more properly suited to serve as a basis for impartial moral evaluations and judgments than is Humean sympathy. By way of arguing this claim, I take up the problem of overcoming sympathetic partiality in the (...) construction of a moral point of view, acknowledged by both writers, as my primary platform. My contention is that Humean sympathy is too mechanistic to actually deliver an impartial adjudicatory perspective, and that Smithian sympathy, with its evaluative, imaginative components, succeeds where Hume's account falls short. The paper is comprised of six sections: (i) introductory remarks, (ii) a discussion of Humean sympathy, (iii) a discussion of Smithian sympathy and its distinctness, (iv) a critical analysis of Hume's attempt to correct for sympathetic partiality in the construction of the judicial spectator's general point of view, (v) a critical discussion of sympathetic partiality in Smithian sympathy & (vi) a critical analysis of Smith's construction of the impartial spectator perspective as a moral point of view. (shrink)

Munoz-Dardé (2009) argues that a social contract theory must meet Rousseau's 'liberty condition': that, after the social contract, each 'nevertheless obeys only himself and remains as free as before'. She claims that Rousseau's social contract does not meet this condition, for reasons that suggest that no other social contract theory could. She concludes that political philosophy should turn away from social contract theory's preoccupation with authority and obedience, and focus instead on what she calls the 'legitimacy' of social arrangements. I (...) raise questions about each of these claims. (shrink)

Ideal theory in social and political philosophy generally works to hide philosophical theories’ complicity in sustaining the structural violence and maintenance of white supremacy that are foundational to settler colonial societies. While non-ideal theory can provide a corrective to some of ideal theory’s intended omissions, it can also work to conceal the same systems of violence that ideal theory does, especially when framed primarily as a response to ideal theory. This article takes a decolonial approach to exploring the limitations of (...) non-ideal theory in its ability to respond to and redress the continuing harms done to Indigenous peoples by settler colonialism, including by outlining non-ideal theory’s relationship to a colonial politics of recognition. (shrink)

I should like to begin this paper by thanking Anik Waldow for drawing my attention to a debate between Jean Jacques Rousseau and the philosophes about the proposal to build a theatre in Geneva, wit...

*Honorable Mention for the 2024 American Association of Philosophy Teachers (AAPT) Lenssen Prize*: In recent years, ‘philosophy as a way of life’ [PWOL] courses have emerged as an exciting new pedagogical approach. I explain what a PWOL-course is. Next, I argue that the standard method for teaching such courses—what I call the ‘Smorgasbord Model’—presents us with a basic problem: viz., the challenge of how to enable students in the context of the modern university to truly experience what a PWOL even (...) is. I propose a solution to this problem by exploring a PWOL that most teachers and students alike already find themselves immersed in, what I describe as political liberalism applied to the university classroom context. I show how this overlooked fact not only offers us a novel resource for teaching PWOL-courses. It also helps philosophy teachers—in a meta-pedagogical sense—to become more self-reflective about and appreciative of our fundamental ethical commitments when teaching philosophy. (shrink)

A presente obra assume-se como um projeto genuinamente interdisciplinar de reflexão ética, interrogando os seus fundamentos e explorando as suas interseções com diversas áreas das Ciências Humanas e Sociais. Reunindo especialistas de distintas áreas, oriundos de países diferentes, o livro tem como fio condutor um diálogo polifónico com o pensamento ético contemporâneo, enraizando-se na tradição crítica que procura refundar a racionalidade prática na construção humana de sentido e, por conseguinte, refutar o niilismo e o relativismo axiológico absoluto.

This article addresses the modern concept of sovereignty as a multivocal and conflictual semantic field, arguing for the necessity to trace its genealogy based on the structural tensions that haunt its logical framework – as well as its representations – rather than on a linear historiographic reconstruction. In particular, the scrutiny I propose aims to examine a series of exchanges that have been characterizing this concept since the beginning: the global and the European, the maritime and the territorial, the colony (...) and the state, the imperial and the proprietary. The problematic balance between ‘imperium’ and ‘dominium’ is indeed assumed here as the turning point of the rise of a sovereign power that appears to be originally rooted in the very production and governance of the global space, thus giving up all possible Eurocentric narratives of modernity. To illustrate my argument, I focus on the frontispieces to three of Thomas Hobbes’s most important books, that is, his translation of Thucydides’ Peloponnesian Wars, De Cive and Leviathan. A thorough analysis of these images enables us to understand how these lines of force traverse the very heart of modern European political concepts, along with the mirroring effects that constantly bounce their normative construction of subjectivity back and forth from the periphery to the centre and, ultimately, from the market to the state. (shrink)

Commercial republicanism is the idea that a properly-structured commercial society can serve the republican end of minimizing the domination of citizens by states (imperium) and of citizens by other citizens (dominium). Much has been written about this idea in the last half-century, including analyses of individual commercial republicans (e.g., Adam Smith and Immanuel Kant) as well as discussions of national traditions of the same (e.g., in America, Britain, France, the Netherlands, and Italy). In this chapter, I review five kinds of (...) arguments that have been historically offered for how commercial society so understood advances the republican ideal of non-domination: first, by simply realizing non-dominating relationships in the marketplace itself (Instantiation); second, by encouraging the growth of a wide middle class that can offer a counterweight to other, dominating classes (Internal Check-and-Balance); third, by increasing the wealth and power of republics vis-à-vis other, dominating states in the international arena (External Check-and-Balance); fourth, by helpfully nurturing bourgeois-civic virtues in republican citizens (Cultivating Virtue); and finally, by transforming dangerous passions into more readily regulable, even socially beneficial material interests (Sublimating Vice). I end the chapter by briefly considering commercial republicanism’s prospects as a continuing research program. (shrink)

Like many governments in this COVID-19 pandemic, the Nigerian government imposed a lockdown on the country. As a consequence of the lockdown, many businesses shutdown and effectively had no source of revenue. Yet, without receiving any bailout or palliatives from the government, these businesses are required to meet their tax obligations to the government. Bearing in mind that this time (COVID-19 era) is different, one wonders what is required of businesses in view of the taxation problem and the social contract (...) between the businesspersons and the government. In view of social contract obligations, in this COVID-19 pandemic should businesses pay tax to a government that seems to have delegitimised itself by its exploitative actions in terms of taxation and delinquent omission in terms of the provision of public goods and social services? The Nigerian government at all tiers (federal, state and local) seldom respect the essence of taxation. Therefore, businesses often pay tax for nothing. For many businesses, as far as taxation is concerned, to pay or not to pay? that is the question. This article is aimed at teasing out this taxation problem that may or may not be a moral dilemma. In view of certain ethical considerations, this article shows why in spite of social contract obligations, there is no consensus or canonical agreement on whether, as law-abiding citizens and juridical persons (legal entities), businesspersons and businesses ought to or ought not to pay tax to the Nigerian government in this COVID-19 pandemic. (shrink)

_ On Mercy _, by BullMalcolm. Princeton, NJ: Princeton University Press, 2019. Pp. xii + 191.

This essay begins by describing T.M. Scanlon’s contractualism according to which an action is right when it is authorised by the moral principles no one could reasonably reject. This view has argued to have implausible consequences with regards to how different-sized groups, non-human animals, and cognitively limited human beings should be treated. It has also been accused of being theoretically redundant and unable to vindicate the so-called deontic distinctions. I then distinguish between the general contractualist framework and Scanlon’s version of (...) contractualism. I explain how the general framework enables us to formulate many other versions of contractualism some of which can already be found in the literature. Understanding contractualism in this new way enables us both to understand the structural similarities and differences between different versions of contractualism and also to see the different objections to contractualism as internal debates about which version of contractualism is correct. (shrink)

What obligations are there on voters? This paper argues that voters should make their electoral decision competently, and does so by developing on a recent proposal for democratic legitimacy. It then explores three problems arising from this ‘competency obligation’. First, how should voters be competent? I propose three conditions required for voter competence. Second, how competent should voters be? I argue that the competency required tracks the significance of the consequences of the vote. Third, if the electorate are unlikely to (...) deliver a competent decision, should suffrage be restricted to the competent alone? I defend unrestricted suffrage on the grounds that restricting suffrage cannot guarantee a competently made electoral decision. Instead, obligations on voters should be minimised by political parties satisfying their obligations to be politically sound; if they are sound, then the obligation to be competent can be easily satisfied by voters. (shrink)

In this paper, I aim to show that analytic philosophy can contribute to the theological discussion of ecclesiology. By considering recent analytic work on social ontology, I outline how we might think of the Church as one entity, constituted by many disparate parts. The paper begins with an overview of the theological constraints for the paper, and then proceeds to examine recent work on the philosophy of social ontology and group agency. Drawing on this literature, I outline three models of (...) social ontology from the history of philosophy and suggest reasons why all of them fail to provide an account of the Church’s agency. Finally, I develop an alternative model which, I suggest, better fits the conditions stipulated. (shrink)

Pragmatic encroachment theories have a problem with evidence. On the one hand, the arguments that knowledge is interest-relative look like they will generalise to show that evidence too is interest-relative. On the other hand, our best story of how interests affect knowledge presupposes an interest-invariant notion of evidence. -/- The aim of this paper is to sketch a theory of evidence that is interest-relative, but which allows that ‘best story’ to go through with minimal changes. The core idea is that (...) the evidence someone has is just what evidence a radical interpreter says they have. And a radical interpreter is playing a kind of game with the person they are interpreting. The cases that pose problems for pragmatic encroachment theorists generate fascinating games between the interpreter and the interpretee. They are games with multiple equilibria. To resolve them we need to detour into the theory of equilibrium selection. I’ll argue that the theory we need is the theory of risk-dominant equilibria. That theory will tell us how the interpreter will play the game, which in turn will tell us what evidence the person has. The evidence will be interest-relative, because what the equilibrium of the game is will be interest-relative. But it will not undermine the story we tell about how interests usually affect knowledge. (shrink)

The republican tradition has long been ambivalent about markets and commercial society more generally: from the contrasting positions of Rousseau and Smith in the eighteenth century to recent neorepublican debates about capitalism, republicans have staked out diverse positions on fundamental issues of political economy. Rather than offering a systematic historical survey of these discussions, this chapter will instead focus on the leading neo-republican theory—that of Philip Pettit—and consider its implications for market society. As I will argue, Pettit’s theory is even (...) friendlier to markets than most have believed: far from condemning commercial society, his theory recognizes that competitive markets and their institutional preconditions are an alternative means to limit arbitrary power across the domestic, economic, and even political spheres. While most republican theorists have focused on political means to limit such power—including both constitutional means (e.g., separation of powers, judicial review, the rule of law, federalism) and participatory ones (democratic elections and oversight)—I will examine here an economic model of republicanism that can complement, substitute for, and at times displace the standard political model. Whether we look at spousal markets, labor markets, or residential markets within federal systems, state policies that heighten competition among their participants and resource exit from abusive relationships within them can advance freedom as non-domination as effectively or even more effectively than social-democratic approaches that have recently gained enthusiasts among republicans. These conclusions suggest that democracy, be it social or political, is just one means among others for restraining arbitrary power and is consequently less central to (certain versions of) republicanism than we may have expected. So long as they counteract domination, economic inroads into notionally democratic territory are no more worrisome than constitutional ones. (shrink)

In this essay I focus on the form of government defended by Marsilius of Padua in the first Discourse of Defensor pacis (1324). The interpretation of his overall account depends heavily on our understanding of the “major and valentior part” of the citizenry upon which all legislative and elective powers are bestowed. I argue that there is sufficient textual evidence to believe that the above term refers not to some small elite group but to the totality of citizens or the (...) overwhelming majority of them. I also argue that his imaginary polity meets all the necessary conditions that any political regime should meet in order for it to be characterised as an essentially democratic one. Thus, Marsilius deserves a more prominent position in the history of democratic ideas. (shrink)

In recent years, the question of whether prospective parents might have a moral obligation to select against disability in their offspring has piqued the attention of many prominent philosophers and bioethicists, and a large literature has emerged surrounding this question. Rather than looking to the most common arguments given in support of a positive response to the abovementioned question, such as those focusing on the harms disability may impose on the child created, duties and role-specific obligations, and impersonal ‘harms’, a (...) less commonly made set of arguments is focused upon which looks to the harms that a decision not to select against disability may impose on others. Three different possible arguments supporting a limited duty of disability avoidance are thus identified and subsequently explored: harms to parents themselves, harms to existing family members, and harms to other existing members of society. (shrink)

The presence and absence of autonomy in Joseph Chan’s democratic Confucianism loom large, but not always in the ways that he maintains. Although Chan claims that his reconstruction of Confucianism for modern democracy can accept some forms of moral autonomy, what he presents does not constitute genuine moral autonomy, and the absence of that autonomy sits in tension with some other aspects of his model. When it comes to personal autonomy, it is the opposite: Chan says that the exercise of (...) personal autonomy can be part of a life well-lived but is not strictly necessary and can be outweighed by perfectionist considerations of well-being and ethics; however, his model incorporates and relies on the exercise of personal autonomy and leaves room for its intrinsic value. (shrink)

Using relations of solidarity in global contexts, this article explores some of the debates about what constitutes solidarity. Three primary forms of solidarity are discussed, with particular attention to the different nature of the solidaristic relations and their moral obligations.

Contemporary republicanism is characterized by three main ideas: free persons, who are not subject to the arbitrary power of others; free states, which try to protect their citizens from such power without exercising it themselves; and vigilant citizenship, as a means to limit states to their protective role. This book advances an economic model of such republicanism that is ideologically centre-left. It demands an exit-oriented state interventionism, one that would require an activist government to enhance competition and resource exit from (...) dominating relationships within markets of all types, be they marital, labour, or residential. The substantial intervention and redistribution necessitated by such an approach make it leftist, while its tendency to work with rather than against the grain of markets makes it centrist. It is, in short, a contribution to progressive republican political thought, but one that is less social-democratic than market-democratic in character. (shrink)

Political theory has been described as an `enterprise of discovery' that carries within it the danger of utopianism. This article explores one aspect of that danger: the question of the paradoxical or circular nature of much political thinking. This seems to be both a necessary and an impossible feature of such theorizing. Political theory itself seems to require an idea of utopia that is, by definition, impossible to achieve.

Historically, republicans were of different minds about markets: some, such as Rousseau, reviled them, while others, like Adam Smith, praised them. The recent republican resurgence has revived this issue. Classical liberals such as Gerald Gaus contend that neo-republicanism is inherently hostile to markets, while neo-republicans like Richard Dagger and Philip Pettit reject this characterization—though with less enthusiasm than one might expect. I argue here that the right republican attitude toward competitive markets is celebratory rather than acquiescent and that republicanism demands (...) such markets for the same reason it requires the rule of law: because both are essential institutions for protecting individuals from arbitrary interference. I reveal how competition restrains—and in the limit, even eradicates—market power and thereby helps us realize “market freedom,” i.e., freedom as non-domination in the context of economic exchange. Finally, I show that such freedom necessitates “Anglo-Nordic” economic policies. (shrink)

This dissertation investigates conceptions of responsibility at work in contemporary intergenerational nuclear waste policy. It argues that articulations of responsibility at work in current policy unduly privileges resemblance to the present as a condition for that responsibility holding as an intergenerational relation. The dissertation begins by arguing that current waste disposal practices depend on a view of responsibility contingent on the presumption that future generations will be minimally epistemologically, socially, and politically continuous with present generations. Extant policy is therefore found (...) to place an asymmetric and unjust burden on future generations. The dissertation thus concludes that responsibilities to future generations require that responsibility be thought prior to particular determinations of the possible identity of our inheritors. (shrink)

I argue racial injustice undermines the reliability of news source reports in the information domain of racial injustice. I argue that this in turn undermines subjects’ doxastic justification in inferences they base on these news sources in the racial injustice information domain. I explain that racial injustice does this undermining through the effect of racial prejudice on news organizations’ members and the effect of society's racially unjust structure on non-dominant racial group-controlled news sources.

What knowledge enables Cyrus to rule easily over multitudes? Why does Xenophon convey it in a novel? Cyrus possesses knowledge of ambition’s effects in the honour-loving soul. He perceives that honour-loving men can be ensnared into abject dependence if they can be made to accept any one individual’s will as the sole source of honour; easier still is the task of ruling those far more numerous men whose love of honour is infused with or subordinated to the love of the (...) material rewards that accompany victory. Cyrus creates a hierarchy of dependence, with himself at the apex, and he rules his honour-loving followers easily, creating the institutions of an empire that endured to Xenophon’s own day. Xenophon depicts this arrangement in a historical romance, rather than describe it in a treatise, in ordermore effectively to inspire the love of virtue in his readers. (shrink)

A key feature of ISCT is the claim that individuals are required to comply with the norms that are "accepted by a clear majority of the community as standing for an ethical principle" [Donaldson and Dunfee, 1999, "The Ties that Bind", p. 39], so long as these norms are consistent with hypernorms. I refer to this as the communal authority thesis. Many people see the communal authority thesis as an attractive feature of ISCT, a welcome move away from the abstraction (...) of principle-based ethical theories. I argue in this article, however, that the communal authority thesis is false: we do not have a general moral obligation to comply with the accepted norms in our community. I consider and reject several defenses of the communal authority thesis, including the central arguments put forward by Donaldson and Dunfee. I go on to develop my own position, which accepts that social norms can be important from the moral point of view. However, I argue that social norms are important because they can shape the morally important features of our situation, not because we have a general obligation to comply with these norms as such. I use examples such as gift giving in Japan and the housing crisis to illustrate my position. (shrink)

Carl Schmitt’s radio broadcast ‘Hegel and Marx’, aired on 13 November 1931, and newly translated here, recapitulates the account of Marxism that Schmitt started to develop in the 1920s. Beginning from Schmitt’s early theory of adjudication inLaw and Judgement, the concepts of decision, representation and the friend/enemy distinction are analysed, connected, and shown to structure Schmitt’s critique of Marxism, both in the broadcast, and in his other writings during this period. Some concluding remarks are offered on the substantive issues Schmitt’s (...) critique raises for Marx’s political theory. (shrink)

There’s no need to draw on lessons from the current crisis to understand that capitalism has always been based on the dispossession of the vast majority. Widerquist’s Independence, Propertylessness, and Basic Income offers a theory of freedom as ‘the power to say no’—or ‘indepentarianism’—and, in the process, thoroughly dissects propertylessness as one of the fundamental mechanisms that, in effect, have shaped modern societies.Unequal access to external resources goes together with private and exclusive property rights, which leaves the many with no (...) means to cover their basic needs. Once in this situation, individuals lose their effective freedom because they are forced to interact with the others—mainly within the realm of work—according to the rules and conditions the others want to impose. The antidote for such social disease is clear: material independence. If all individuals had a set of resources guaranteeing their existence, they could ‘exit’ those social relations that prevent. (shrink)

For Rousseau, social contract is a hypothetical one; the paper claims that it is, in contemporary terms, a political thought-experiment (TE). The abductive way of thinking, looking for the best normative pattern in the data, finds its counterpart in the historical abduction in the Second Discourse; the analogy between the two secures the methodological unity of Rousseau’s political philosophy. The proposed reading of the work as a TE shows that it fulfills the necessary requirements put by (hopefully) intuitively acceptable definition (...) of a TE, and fits in the contractarian tradition that has been experimenting with hypothetical arrangements since its start. The reading of The Social Contract as a TE has helped to systematize some of its shortcomings from the wider perspective of methodology of political philosophy. Finally, the political thought experiment (PTE) reading of Rousseau places his central work where it belongs: in the tradition started by Plato’s Republic, continuing with Renaissance and early modern philosophical utopias, culminating in the contractarian social contract TE, and going all the way to the work of Rawls and his present day continuators. We hope that this can contribute to a more positive picture of Rousseau’s work, despite criticism concerning his brusque manner of thought-experimenting. (shrink)

Abstract Modern reflection on the ideal of personal autonomy has its Western origin in the philosophy of Jean-Jacques Rousseau, where autonomy, or self-legislation, involves citizens joining together to make laws for themselves that reflect their collective understanding of the common good. Four features of this conception of autonomy continue to be relevant today. First, autonomy, a type of freedom, is introduced into modern philosophy in order to make up for a perceived deficiency, or incompleteness, in merely ?negative? freedom (the right (...) to do as one pleases, unimpeded by others). Second, autonomy is taken to be not merely a complement of negative freedom but a higher, more valuable species of freedom. Third, at its origin personal autonomy is not conceived individualistically; rather, on Rousseau's account, autonomy is achievable only if citizens surrender part of their status as individuals and think of their social membership as essential, not merely accidental, to who they are. Finally, Rousseau's conception of autonomy is distinct from the contemporary ideal of autonomy defined as judging or deciding for oneself (according to one's own reason). Nevertheless, there is an important sense in which autonomy as Rousseau conceives it also requires the developed capacity for independent, self-determined judgment. (shrink)

This article undertakes a comparative study of the conjectural histories of Jean-Jacques Rousseau and Adam Ferguson, focusing on the convergences in the moral and political ideals expressed and grounded in these histories. In comparison with Scots like Adam Smith and John Millar, the conjectural histories of Ferguson and Rousseau follow a similar historical trajectory as regards the development and progress of commercial, political and cultural arts. However, their assessment of the moral progress of humanity does not, or in a much (...) more limited way than in Smith and Millar, correlate with this trajectory. Rousseau and Ferguson see a candour and vigour in savage and barbarian societies that is much less easily supported by the complex socio-economic framework of modern, commercial societies. It is argued that the convergences in their conjectural histories arise from a similar fusion of these histories with Stoic and republican perspectives. While Rousseau and Ferguson do not see history as cyclical, they think that the forces that push towards moral decline are strong and can, on the political level, only be countered by firm republican policies. Furthermore, their shared Stoic ideal of the life lived according to nature informs their solutions for modern societies. (shrink)

Beginning with the sources of the dispute over the meaning of the modern democratic ideal, this article shows two opposing, anthropological positions pr...

The republican political tradition, which originated in Ancient Rome and picked up by several early-modern thinkers, has been revived in the last couple of decades following the seminal works of historian Quentin Skinner and political theorist Philip Pettit. Although educational questions do not normally occupy the center stage in republican theory, various theorists working within this framework have already highlighted the significance of education for any functioning republic. Looking at educational questions through the lens of freedom as non-domination has already (...) yielded important insights to discussions of political education. However, consideration of the existing republican educational discourse in light of the wide range of issues discussed in Pettit’s recent works reveals that it suffers from two major lacunae. First, it does not take into consideration the distinction (and deep connection) between democracy and social justice that has become central to Pettit’s republicanism. Thus, the current discussion focuses almost exclusively on education for democratic citizenship and hardly touches upon social justice. Second, the current literature thinks mainly in terms of educating future citizens, rather than conceiving of students also as political agents in the present, and of school itself as a site of non-domination. This paper aims at filling these voids, and it will therefore be oriented along two intersecting axes: the one between democracy and justice, and the other between future citizenship in the state and present citizenship at school. The resulting four categories will organize the discussion: future citizens and democracy; future citizens and social justice; present citizens and democracy; present citizens and social justice. This will not only enable us to draw a clearer line between the civic republican and liberal educational theories, but also make civic republican education a viable alternative to current educational approaches. (shrink)

Proposals for how to redesign democracy so as to better secure the demands of intergenerational justice can be divided into three broad families: (1) representative proxies; (2) differential voting schemes; and (3) counter-majoritarian devices. However, these proposals suffer from a fundamental weakness: namely, they all assume that despite the fact that democracy is by its very nature ill-equipped to secure intergenerational justice, it is nevertheless possible to rely on democracy to solve this problem in the first place. But that, to (...) put it colloquially, is like thinking that one can pull oneself up by one’s own bootstraps. This paper sketches the shape and contours of a solution to this problem that is better able than the alternatives to escape this objection. This solution draws upon the strategy of a so-called ‘non-reformist reform.’. (shrink)

In this article, I engage with what relevant literature addresses as the ‘paradox of democracy’ and trace it back to the dialectic between authorization and representation established by social contract theories. To make my argument, I take Rousseau’s Social Contract as a paradigmatic example of the paradox and analyse it in light of Hegel’s critical response. My aim is to show that, although Rousseau rejects the idea of representing the popular will, representation resurfaces in his Republic from top to bottom (...) and engenders a structural opposition between citizens and rulers: drawing on the Hegelian scrutiny of contractarianism, I focus on three key moments in Rousseau’s theory, namely the Lawgiver, the majority rule and the executive power. After illustrating how the social contract undermines democratic participation in deliberative processes, I suggest that Hegel’s philosophy of right overcomes the paradox by positively assuming it as a dialectical contradiction that requires a specific constitutional approach to democracy. In this sense, I argue, the Hegelian perspective on democratic deliberation helps us to better frame Rousseau’s ambition to conceive the Republic as a free community of equals and urges us to elaborate a more coherent understanding of participation in a pluralistic society. (shrink)

ABSTRACTFor the Scottish Enlightenment thinker Adam Ferguson and many of his time, the history of the Roman Republic furnished the best case study for discussions of internal threats to a mixed system of government. These included factionalism, popular discontent, and the rise of demagogues seeking to concentrate power in their own hands. Ferguson has sometimes been interpreted as a ‘Machiavellian’ who celebrated the legacy of Rome and in particular the value of civic discord. By contrast, this article argues that he (...) is better understood as a disciple of Montesquieu, who viewed Rome as an anachronistic and dangerous ideal in the eighteenth century, the era of the civilized and commercial monarchy. The greatest fear of Ferguson was military despotism, which he believed was the likely outcome of democratic chaos produced by the levelling instincts of the ‘common’ people and demagogues prepared to harness their discontent. In such a scenario, a legitimate order in a mixed government would be turned into a faction putting the constitutional balance at risk, undermining intermediary powers, and ending liberty for all. (shrink)

I argue that the freedom which is to coexist with the freedom of choice of others in accordance with a universal law mentioned in Kant's Rechtslehre is not itself freedom of choice. Rather, it is the independence which is a condition of being able to exercise genuine free choice by not having to act in accordance with the choices of others. Kant's distinction between active and passive citizenship appears, however, to undermine this idea of independence, because the possession of a (...) certain type of property right on the part of some citizens makes it possible for them to dominate others. Kant's account of property in this way turns out to be central to the question as to whether his Rechtslehre represents an internally consistent account of how freedom can be guaranteed within a legal and political community. I go on to argue that Kant's attempt to justify a pre-political right of property cannot be viewed as a successful justification of private property, and that he should have abandoned the notion of su... (shrink)

The objective of this article is to propose a precise characterization of the collective practice behind at least an important part of the phenomena named “decision by consensus”. First, I provide descriptions of the use of this rule, and give a definition of the non-opposition rule, both as a specific sequence of acts and as a stopping rule. Second, I challenge the usual way of understanding the non-opposition rule by contrast with voting, stating that the contrast between logic of approval (...) and logic of consent also has to be taken into account. Third, I examine the conditions of its use. The non-opposition rule satisfies groups whose concern is to decide without dividing. Finally, from the analytic benefit of opening up decision by consensus as the use of the non-opposition rule, I will examine, in a fourth part, whether consensus in decision-making is as democratic a procedure as is sometimes thought. (shrink)

Given its use of religious concepts and language, it is tempting to class Fichte’s rarely discussed Staatslehre as a political theology. I argue that the Staatslehre can be classed as a political theology because of the way in which it can be understood in terms of the concepts of immanence and transcendence. The concept of immanence applies to Fichte’s account of history in particular. Fichte himself allows for a moment of transcendence at the very beginning of history. I argue that (...) the concept of transcendence is also implicit in the Staatslehre in relation to some problems faced by Fichte’s own account of the role of the Zwingherr in the historical development and actualization of right and moral freedom, despite his attempt to avoid introducing theologically based explanations of political concepts at this stage of his Staatslehre. (shrink)

Since the Reformation and Enlightenment, the Western world has witnessed the incremental decline of religious influence. Yet, key legal protections and duties incumbent on civilians and state actors in both avowedly secular states and ruling theocracies, predominantly Islamic, are to a lesser or greater extent determined by religious values. Although it is often claimed that the modern secular state encourages the adoption of liberal values and allows for the formulation of general law according to the free will of its people, (...) the historical legacy of law and particularly its synthesis with the Judeo-Christian heritage is apparent. In the UK, the continuing centrality of religion in what purports to be a secular system of laws, is demonstrated by the introduction of elements of Sharia law. In an increasingly culturally-diverse society, the recognition of Islamic law may be interpreted as the tacit acknowledgement of the existing inherent faith influences which continue to inform many legal innovations, and represents an explicit attempt to rebalance the privileging of one set of precepts above another. It is suggested that religion continues to occupy a central position in lawmaking; performing a cultural, political, institutional and, importantly, symbolic role and this is evidenced for instance by the narratives which are imposed on individuals in relation to areas of topical significance such as matrimony, terminal illness, abortion, gender and sexual morality. This paper argues against those pronouncements of the retreat of religion in state affairs and, rather, reveals a set of key structural relations and signifiers which are informed by opinions redolent of, not least of all, a peculiar generic proscriptive religiosity. (shrink)

I argue that reliance on political testimony conflicts with two democratic values: the value of mutual justifiability and the value of equality of opportunity for political influence. Reliance on political testimony is characterized by a reliance on the assertions of others directly on a political question the citizen is asked to answer as part of a formal democratic decision procedure. Reliance on expert testimony generally, even in the context of political decision-making, does not similarly conflict with democratic values. As a (...) consequence of the argument, citizens have a pro tanto reason to rely on their own political judgment when determining their vote, and democratic societies have a reason to only ask citizens questions they are able to answer without reliance on political testimony. (shrink)

Philosophy & Social Criticism, Volume 48, Issue 9, Page 1302-1328, November 2022. Robinson Crusoe is a mythic character who lives not only in the popular imaginary but through the history of political and social thought. Defoe’s protagonist lives marooned on his island, isolated and apart from society. The narrative is a perfect naturalisation of the ‘bourgeois’ world, dependent on an ontology of the self-sufficient individual. This article analyses this lineage in the social contract theory of Hobbes, Locke and Rousseau. Later, (...) Hegel used the novel to illustrate his dialectic of mastery/servitude. Challenging the atomism of the state of nature, Hegel’s theory of recognition gives an account of positive freedom, where the individual is formed in and through social interdependence. This sociality is continued by Marx, who satirises Defoe's novel in his value-form critique of political economy. The value-form provides insight into Robinson's island labour and Marx's difference with Locke's labour theory of value. For Marx, the myth of ‘natural man’ hides the domination of capitalist development and Robinson Crusoe reflects the internalisation of the abstract rationality of commodity society. However, Marx's immanent critique of the novel points to a radical idea of social life and freedom. (shrink)

As a way of thinking through the bleakness of the political present through which we are all too precipitously moving, this essay attempts to demonstrate the interconnections between three concepts: politics, law and religion. By way of a detailed reading of Rousseau, I try to show how any conception of legitimate politics and law requires a conception of religion at its base and as its basis. In my view, this is highly problematic and in the conclusion an argument is presented (...) for a politics of the supreme fiction, which attempts to show how poetry might take the place of religion. (shrink)