In his final collection of philosophical papers, Richard Rorty continued his attack on the traditional conception of philosophy by arguing that many of our debates should be thought of as matters of cultural politics rather than about ontology or truth. Consistent with that view, Rorty had argued that we come to see debates about human rights not as an attempt to ground rights in human nature but rather as attempts to expand our moral imagination. I extend this claim to an (...) account of human rights as political rather than metaphysical, an account that treats human rights as a political innovation to be justified in terms of the work of human rights. (shrink)

This article identifies a distinct strand of 20th-century liberal thought that was exemplified by Isaiah Berlin, Raymond Aron and, to a lesser extent, Karl Popper. I offer a stylized account of their common ideas and shared political sensibility, and argue that their primarily negative liberalism was a variety of what Judith Shklar called the `liberalism of fear' — which put the imperative to avoid cruelty and atrocity first. All three founded their liberalism on a `politics of knowledge' that was directed (...) primarily against Marxist philosophies of history and less against the idea of bureaucratic planning, as, in contrast, was the case with Friedrich von Hayek's thought. Moreover, all three subscribed to more or less explicit versions of value pluralism, and claimed that, in the circumstances of modernity, Weber's `clash of values' was exacerbated and required a particularly prudential approach to politics; this prudential management of value conflicts in turn was best entrusted to cultivated bureaucratic elites. All shared an image of a tolerant and humane society — essentially an idealized version of Britain — but said perhaps too little on the question how societies without the appropriate traditions of moderation and compromise were to be liberalized. (shrink)

Il s’agit ici de présenter une version raffinée du libéralisme de la peur de Judith Shklar : le libéralisme de la prudence. Après en avoir brièvement présenté les grandes lignes et les principales faiblesses, j’esquisse les contours du libéralisme de la prudence et montre comment il réalise, mieux que libéralisme de la peur, le programme minimaliste poursuivi par Shklar. Je montre ensuite comment le libéralisme de la prudence nous permet de sortir du dilemme libéral posé par la tradition postrawlsienne : (...) justifier le libéralisme sur des bases morales, au risque de le priver de neutralité, ou le justifier sur des bases réalistes hobbesiennes, au risque d’en faire l’otage des rapports de force changeants. Enfin, j’examine comme le principal défaut apparent du libéralisme de la prudence – à savoir son ascétisme programmatique – est en fait son principal mérite. (shrink)

Should we be concerned with, or alarmed or outraged by, the insincerity and hypocrisy of politicians who apologize for historical injustice? This paper argues that the correct reply to this question is: sometimes, but not always. In order to establish what types of insincerity must be avoided, Judith Shklar?s hierarchy of ordinary vices is critically revisited. Against Shklar?s overly benign account of hypocrisy, the paper then tries to demonstrate that only institutional and harmful forms of hypocrisy must be rejected in (...) political apologies for historical injustice. Employing Melissa Nobles? ?membership theory?, this paper defends the claim that the sincerity standard for political apologies is, in stark contrast to apologies between individuals, agent independent. This means that in political apologies, rather than focusing on the remorse and regret of the agent who apologizes, we must primarily examine the apology?s consequences in terms of renegotiating the legal, political and affective dimensions of citizenship. In domestic affairs, the paper shows that apologies can only be considered sincere if they push the polity towards a more inclusive conception of membership in the political community. (shrink)

Liberal political thought is underwritten by an enduring fear of civil and state violence. It is assumed within liberal thought that self?interest characterises relations between individuals in civil society, resulting in violence. In absolutist doctrines, such as Hobbes?, the pacification of private persons depended on the Sovereign's command of a monopoly of violence. Liberals, by contrast, sought to claim that the state itself must be pacified, its capacity for cruelty (e.g., torture) removed, its capacity for violence (e.g., war) reduced and (...) controlled. A core tension within liberal thought thus arises between containing civil violence by empowering the state and containing state violence by constraining the state. One result of this tension is the highly selective conception of ?pacification? within liberalism, which, historically, has accommodated indifference to endemic violence, both within civil society, and beyond civil society ? as in (past) arguments licensing imperialism and in (present) arguments for disciplining ?rogue? states. (shrink)

Abstract The liberalism of fear urged by Judith Shklar emphasizes the dangers of political violence, cruelty, and humiliation. Those dangers clearly mark ethnic and cultural conflicts, so the liberalism of fear is an especially appropriate political ethic for an age marked by such conflicts. A multiculturalism of fear keeps its attention on those central political dangers while also noting that some kinds of cruelty and humiliation might not be appreciated without reference to the larger ethnic and cultural context, and that (...) treating ethnicity and culture as completely outside of politics is not the best way to prevent cruelty. (shrink)

: A central component of Bernard Williams' political realism is the articulation of a standard of legitimacy from within politics itself: LEG. This standard is presented as basic, inherent in all political orders and the best way to underwrite fundamental liberal principles particular to the modern state, including basic human rights. It does not require, according to Williams, a wider set of liberal values. In the following, I show that where Williams restricts LEG to generating only minimal political protections, seeking (...) to isolate his account of political legitimacy from a range of liberal principles, this is neither internal to, nor necessarily demanded by, the specifically political account of LEG. Instead, the limitation depends upon his wider ethical thought. (shrink)

Some claim that liberalism’s neutrality toward the Good encourages anomie, thereby disallowing social confirmation of beliefs, leaving the individual with an uncertainty about judgments that is opposed to confidence and self-respect. This is the “anomie challenge.” I begin by discussing toleration and neutrality and motivating the problem. I then look at responses to the challenge by liberal pluralists and liberalism’s critics. After dismissing both, I argue that the right to choose is the good to be advocated and that it allows (...) for supportive, but voluntary, social structures. I conclude that liberalism better supports self-respect than the alternatives. (shrink)

What do we talk about when we talk about ethical diversity as a challenge to the normative justifiability of liberal democracy? Many theorists claim that liberal democracy ought to be reformed or rejected for not being sufficiently ‘inclusive’ towards diversity; others argue that, on the contrary, liberalism is desirable because it accommodates (some level of) diversity. Moreover, it has been argued that concern for diversity should lead us to favour (say) neutralistic over perfectionist, universalistic over particularistic, participative over representative versions (...) of liberal democracy. This paper provides a conceptual framework to situate those debates, and argues that there are two fundamental ways in which diversity constitutes a challenge to the justificatory status of liberal democracy: consistency (whereby diversity causes clashes between the prescriptions generated by normative political theories), and adequacy (whereby diversity generates a rift between our experience of what is considered valuable and what the theory treats as such). (shrink)

Attempting to settle various debates from recent literature regarding its precise nature, I offer a detailed conceptual analysis of toleration. I begin by isolating toleration from other notions; this provides us some guidance by introducing the eight definitional conditions of toleration that I then explicate and defend. Together, these eight conditions indicate that toleration is an agent’s intentional and principled refraining from interfering with an opposed other (or their behavior, etc.) in situations of diversity, where the agent believes she has (...) the power to interfere. This non-normative definition can serve as a preliminary to normative discussions of toleration. (shrink)

Richard Rorty’s notion of ironism has been widely criticized for entailing frivolity and light-mindedness, for being inimical to moral commitment and, perhaps most importantly, for its putative incompatibility with his vision of liberalism. This paper suggests that these criticisms are misplaced, stemming from a misunderstanding of ironism that Rorty’s presentation has itself in part encouraged. The paper goes on to argue that ironism is not only consistent with the liberal society which Rorty favours, but that it can serve such a (...) society by helping to illustrate the ways in which those societies contain unrecognized injustices. (shrink)

A radical new interpretation of liberalism, viewing it not merely as a political philosophy or set of political precepts, but as a personal orientation and way of living.

Looking back at the "War on Terror" and its policies, actions, and the violence that followed, this book analyzes the resulting changes in international power structures and the relationship between citizens and their representatives. It defines our shortcomings in opposing this type of violence by demonstrating how the notion of legitimate violence has been broadened. -/- The impact of the "War on Terror" on the public view of Liberalism is explored, as well as its effects on the role of state (...) authorities in our lives. Thus, this book names the lessons we ought to learn from the actions taken against terrorist organizations. (shrink)

Although thinkers of the past might have started from presumptions of fundamental difference and inequality between (say) the genders, or people of different races, this is no longer the case. At least in mainstream political philosophy, we are all now presumed to be, in some fundamental sense, basic equals. Of course, what follows from this putative fact of basic equality remains enormously controversial: liberals, libertarians, conservatives, Marxists, republicans, and so on, continue to disagree vigorously with each other, despite all presupposing (...) some kind of basic equality. They may argue about who gets what, how much, and why, but the starting point - that all people are in some sense deserving of prima facie equal consideration - has become an axiom of our moral and political thinking. But why? Why are we basic equals? The trouble is that as soon as one asks for an explanation of this foundational premise, it begins to look shaky. After all, on any conceivable metric human beings are notably unequal, and often to striking degrees. Philosophers in this area tend to talk of equal worth, but often without trying to specify what exactly that means. Philosophically, basic equality is neither acceptable nor rejectable. It is not rejectable because we appear to be, as a matter of fact, profoundly committed to the truth of the claim that we are all one another's basic equals. But to the extent that there appear to be no philosophical arguments for believing in the truth of basic equality, it is not acceptable either. The aim of this book is to try and show why basic equality is acceptable. To do so, however, it will also contend that we need to approach the question rather differently to how it has mostly been handled so far. What's required is an exercise in what Bernard Williams called 'impure philosophy': it must include insights from other areas of human intellectual endeavour, whether psychology and history or even what we learn from how we go about practicing basic equality in our collective lives. (shrink)

The Handmaid’s Tale depicts a United States taken over by a fundamentalist dictatorship called Gilead that also resembles Plato’s ideal city. Attempts to explain Gilead’s debt to Plato face two challenges. First, aspects of Gilead that recall Plato also contain features that differ, at times dramatically, from the Platonic original. Second, Gilead invokes distorted versions of ideas from philosophies other than Plato’s. I explore two ways of making sense of Gilead’s distorted philosophical appropriations. The explanations differ over whether such distortions (...) are best explained by the nature of the philosophies they misrepresent, or by the nature of Gilead. The explanation that emphasizes Gilead’s own agency is ultimately best able to make sense of how illiberal regimes misappropriate philosophical concepts, both in the novel and in reality, in order to limit the political imagination of their subjects. (shrink)

Political philosophy should focus not on uplifting ideals, but rather, so I argue, on minimizing serious suffering. This is so not because other things do not ultimately matter (they do), but rather because in the political context, the stakes in terms of suffering are usually extremely high, so that any other considerations are almost always outweighed. Put in moderately deontological terms: the high stakes carry most political decisions across the thresholds of the relevant deontological constraints. While the argument is substantive (...) rather than exegetical, I engage in detail Judith Shklar's “Liberalism of Fear”. I share with Shklar her pessimistic starting point, but I also show how a focus on suffering (rather than cruelty and fear) is what plausibly follows from such a starting point. I then pursue the implications of this difference—they are theoretically profound, but perhaps less significant practically. (shrink)

The present book addresses the background, rationale, general structure, and particular aims and arguments characterizing our third and last volume about "humor" and "cruelty". A guiding foray is provided into the vast expert literature that can be retrieved in the Western humanities and social sciences on these two terms. Pivotal thinkers and crucial notions are duly identified, highlighted, and examined. Apposite subsidiary references are also included, especially with regard to psychodynamics and clinical psychology, existentialism, feminism, liberalism, Marxism, and representative recent (...) studies in the philosophy of humor and its cognates. The stage is thus set for the exploration and assessment of the conflicts between humor and cruelty unfolding in Part 2 of Volume 3. Being the philosophical terminus of our entire research project, Volume 3 counterbalances, complements, and, occasionally, complexifies the numerous forms of mutual cooperation between humor and cruelty that the preceding Volume 2 had unearthed and discussed. (shrink)

Part 2 of Volume 3 addresses in detail the conflicts between humor and cruelty, i.e., how cruelty can be unleashed against humor and, conversely, humor can be utilized against cruelty. Potent enmities to mirth and jollity are retrieved from a variety of socio-historical contexts, ranging from Europe’s medieval monasteries to the 2015 Charlie Hebdo massacre. Special attention is paid to the cruel humor and humorous cruelty arising thereof, insofar as such phenomena can reveal critical aspects of today’s neoliberal socio-economic order. (...) In parallel, settings where humor has been used as an instrument to cope with suffered cruelty, whether natural or human in origin, are also retrieved and discussed. These also vary greatly and encompass domains such as hospital wards, 20th-century Jewish ghettoes, and contemporary funeral homes. A set of concluding reflections is then offered on the psychological, theological, ethical, and metaphysical roots of humor—and its cruel rejection. (shrink)

In my paper, I develop a phenomenological and pragmatist reflection on the fragility of liberal democracy’s moral foundations in times of war. Following Judith Shklar’s conception of the “liberalism of fear”, the legitimacy of the liberal-democratic order is seen as grounded in experiences of suffering caused by political violence. It is also assumed that the liberalism of fear delivers an adequate conception of the normative foundations of the European project. With the help of phenomenologists such as Edmund Husserl, Maurice Merleau-Ponty (...) and Michel Henry, the paper ants to philosophically deepen the liberalism of fear by outlining a theory of “pathic evidence” as a normative foundation and the concept of a common “flesh of the political” as a shared moral sensitivity that sets boundaries to political conflict as well as the political imaginary, excluding what I call the production of “monumental meaning”. It then examines the question which political conditions are needed for this evidence to become a shared, communal criteria of ethical thought, and considers inner and outer challenges to the transmission and reproduction of this evidence in time, drawing especially on John Dewey’s ideas of democratic communication and social intelligence. In the current war, the following problem appears as crucial for the “soul” of European democracies which are confronted with the need to respond to Russia’s attack: How can a political morality grounded in pathic evidence be sustained, once it is challenged by an aggressor who, out of cultural and political reasons, shows a higher level of toleration towards violence? Besides aggression from an external foe, there are also temporal dynamics that further the loss of the inhibiting force of pathic evidence from the inside. As it shall be argued, boredom can be such a factor. The paper concludes by drawing conclusions for the current war in Ukraine. (shrink)

This dissertation identifies and responds to a problem for liberal relational egalitarians. There is a prima facie worry about the compatibility of liberalism and relational egalitarianism, concerning the requirements of equality in informal social life. Liberalism at least involves a commitment to leaving individuals substantial discretion to pursue their own conceptions of the good. Relational equality is best understood as a kind of deliberative practice about social institutions and practices. Patterns of otherwise innocuous social choices (e.g., where to live, whom (...) to befriend or marry) can create emergent, severe differentials in power, status, and influence, and when they do they can threaten relational equality. If relational equality required individuals to subordinate personal choices to egalitarian considerations, it would run into conflict with liberal commitments. In response, I defend the value of accepting an imperfect realization of relational equality. What I call fair relational equality demands that members of society treat some informal social norms and practices as part of the basic structure of society, in need of justification. Three practices are required to meet that demand. First, the relational-egalitarian society must develop institutional strategies to preempt or mitigate tendencies toward emergent inequality as they are identified. Second, members of society must engage in broad social deliberation about the norms and expectations of informal social interaction. Third, they must be willing to reform social practices where doing so does not impinge on important personal projects and values. (shrink)

In this article, I provide a philosophical analysis of the nature and role of perceived identity threats in the genesis and maintenance of fanaticism. First, I offer a preliminary definition of fanaticism as the social identity-defining devotion to a sacred value that demands universal recognition and is complemented by a hostile antagonism toward people who dissent from one’s group’s values. The fanatic’s hostility toward dissent thereby takes the threefold form of outgroup hostility, ingroup hostility, and self-hostility. Second, I provide a (...) detailed analysis of the fears of fanaticism, arguing that each of the three aforementioned forms of hostile antagonism corresponds to one form of fear or anxiety: the fanatic’s fear of the outgroup, renegade members of the ingroup, and problematic aspects of themselves. In each of these three forms of fear, the fanatic experiences both their sacred values and their individual and social identity as being threatened. Finally, I turn to a fourth form of fear or anxiety connected to fanaticism, namely the fanatic’s anxiety of and flight from the existential condition of uncertainty itself, which, at least in some cases, ground the fanatic’s fearfulness. (shrink)

How should the ‘liberal democratic mainstream’ be fortified (or recovered) so that its members can consolidate to defeat anti-democrats? I argue for a value-pluralistic orientation to liberal democratic politics that accomodates not just the good of conflict (championed by ‘democratic agonists’), but also the good of unity. This approach, I show, accommodates various forms of contestation, but also recognizes the need to purposefully cultivate unity, and thus can be said to balance a ‘tragic ethos’ with a ‘progressive patriotic ethos’: the (...) former encourages citizens to become more vigilant in the struggle against oppression, and the latter, to share in a sense of unity and to honour liberal democracy’s vital role in preventing tyranny. Such an approach would surely not be free of tension. However, I argue that it can help liberal democrats indeed consolidate and practice ‘fugitive antagonism’ against the enemies of liberal democracy when necessary. I advance my thesis by engaging in a critical conversation with the democratic agonistic tradition, paying special attention to Chantal Mouffe, William Connolly, and Steven Johnston’s visions of democratic politics. _Contemporary Political Theory_ (2023). https://doi.org/10.1057/s41296-022-00604-2. (shrink)

This article analyzes the current political predicament of Hong Kong by examining Nightmare Wallpaper, an art project composed of a series of automatic drawings made by local artist Pak Sheung Cheun. He made them while attending the court cases of political activists on trial, and the article further explores his subsequent efforts to transform this work into wallpaper prints, a series of installations, and a book. This political work, which is also very private, vividly and honestly demonstrates the artist’s intense (...) struggles, along with the despair felt by many in the city. The earnest self-reflection shown in the art does not give his audience a way out of the blind alley of the present but invites us to express ourselves and to connect with others. It is both a work of abjection and intersubjectivity, with no naïve expectation to reconcile the tensions between them. It shows, rather, a determination to participate in an uncertain future, combining the artist’s and the city’s capacity of meaning production and imagination. The Nightmare Wallpaper project also reveals how this artist, as part of a protest community, struggles to overcome binary thinking through an affirmation of becoming. (shrink)

Freedom and security are often portrayed as things that have to be traded off against one another, but this view does not capture the full complexity of the freedom-security relationship. Rather, there seem to be four different ways in which freedom and security connect to each other: freedom can come at the cost of security, security can come at the cost of freedom, freedom can work to the benefit of security, and security can work to the benefit of freedom. This (...) paper analyses each of these connections in turn. It shows that particular understandings of freedom can help us to see particular connections between freedom and security. The practical examples used to illustrate these connections are drawn from the context of the COVID-19 pandemic. It will be suggested that, in the face of challenges such as this one, taking into account all four connections between freedom and security can ultimately help decision-makers in upholding both. (shrink)

The influential realist thesis that politics and morals are distinct and mutually exclusive spheres of interest is one that has been challenged within the tradition of analytic moral and political theory. Over the last 50 years, several notable liberal analytic philosophers, including Isaiah Berlin, Stuart Hampshire, and Thomas Nagel, have argued that not only is politics not separate from and inimical to ethics but that there exists such a thing as political morality. This article contends that while the notion of (...) political morality may make more sense of what is regarded as a central and troubling problem of politics, it also forces us to confront the more fundamental challenge of the radical contingency of our moral and political predicament. Whether analytic political theory is capable of producing a convincing response to the latter challenge remains precariously unclear. (shrink)

Philosophy & Social Criticism, Volume 48, Issue 9, Page 1277-1301, November 2022. The realist injunction to attend to the ‘realities of politics’ when we do political philosophy, though obviously appropriate, is highly platitudinous. By drawing on the underappreciated realist insights of Isaiah Berlin, Stuart Hampshire and Hannah Arendt, we elaborate a neglected distinction between two antagonistic conceptions of political reality – the realism of surface and the realism of depth – and consider its implications for the recent realist turn. We (...) illustrate how that distinction reveals some neglected tensions and incoherencies within contemporary realism and go some way towards untangling and addressing these. Specifically, we enrich the realist charge and highlight two directions which realist scholarship can pursue in its endeavour to offer a meaningful alternative to moralism: an emphasis on i) Vichian fantasia – a kind of knowledge which entails historical awareness but also sensitivity to philology; and ii) suffering and injustice as a basis for critique and for developing a suitable political sphere. (shrink)

Alasia Nuti’s important recent book, Injustice and the Reproduction of History: Structural Inequalities, Gender and Redress, makes many persuasive interventions. Nuti shows how structural injustice theory is enriched by being explicitly historical; in theorizing historical-structural injustice, she lays bare the mechanisms of how the injustices of history reproduce themselves. For Nuti, historical-structural patterns are not only shaped by habitual behaviors that are or appear to be morally permissible, but also by individual wrongdoing and wrongdoing by powerful group agents like states. (...) In this article, I extend Nuti’s rich analysis, focusing on two questions that arise from her theory of historical-structural injustice: Beyond being blameworthy for wrongful acts themselves, are culpable wrongdoers blameworthy for contributing to structural injustice? Does historical moral ignorance mitigate moral responsibility for past injustice? Regarding, I distinguish between the local and societal structural effects of wrongdoing. Though I think this distinction is well-founded, it ultimately leads to tensions with structural injustice theory’s idea of ordinary individuals being blameless for reproducing unjust structures. Regarding, I argue that even though it is natural for the question of historical moral ignorance to arise in considering past wrongdoing, at least in the case of powerful group agents, we should not overlook forms of cruelty which present-day moral concepts are not needed to condemn. (shrink)

Conceptual engineering is thought to face an ‘implementation challenge’: the challenge of securing uptake of engineered concepts. But is the fact that implementation is challenging really a defect to be overcome? What kind of picture of political life would be implied by making engineering easy to implement? We contend that the ambition to obviate the implementation challenge goes against the very idea of liberal democratic politics. On the picture we draw, the implementation challenge can be overcome by institutionalizing control over (...) conceptual uptake, and there are contexts—such as professions that depend on coordinated conceptual innovation—in which there are good reasons to institutionalize control in this fashion. But the liberal fear of this power to control conceptual uptake ending up in the wrong hands, combined with the democratic demand for freedom of thought as a precondition of genuine consent, yields a liberal democratic rationale for keeping implementation challenging. (shrink)

Recent empirical literature suggests that some of the most prominent environmental policies that the Chinese government has pursued have involved at least some measure of participation from citizen...

Some realists in political theory deny that the notion of feasibility has any place in realist theory, while others claim that feasibility constraints are essential elements of realist normative theorising. But none have so far clarified what exactly they are referring to when thinking of feasibility and political realism together. In this article, we develop a conception of the realist feasibility frontier based on an appraisal of how political realism should be distinguished from non-ideal theories. In this realist framework, political (...) standards are feasible if they meet three requirements: they are politically intelligible, contextually recognisable as authoritative, and contestable. We conclude by suggesting that our conception of realist feasibility might be compatible with utopian demands, thereby possibly finding favour with realists who otherwise refuse to resort to the notion of feasibility. (shrink)

This chapter explores Nagel’s polemics. It shows these have a two-fold character: (i) to defend liberal civilization against all kinds of enemies. And (ii) to defend what he calls ‘contextual naturalism.’ And the chapter shows that (i-ii) reinforce each other and undermine alternative political and philosophical programs. The chapter’s argument responds to an influential argument by George Reisch that Nagel’s professional stance represents a kind of disciplinary retreat from politics. In order to respond to Reisch the relationship between Nagel’s philosophy (...) of science and his politics is explored and this chapter shows how both are anchored in what Nagel once called his ‘contextual naturalism’—a metaphysics that resists imposing the unity of the world and treats all entities as embedded in a wider network of entities. Part of the argument traces out how Nagel’s views on responsible speech and professionalism reflect a distinct understanding of the political role of philosophers of science. (shrink)

This essay focuses on the approach to the study of political and legal phenomena that can be defined “critical realism” and with its apparent paradox. By “critical realism” I understand a way of looking at political and legal phenomena that combines a blunt analysis of social reality with a transformative, non-resigned critical attitude towards the status quo. I argue that this is the approach that inspired Danilo Zolo’s lifelong reflections on politics and law. The same approach, moreover, is in my (...) opinion shared by authors such as Raymond Geuss and Bernard Williams, who, since the beginning of the new millennium, have contributed to re-shape the international debate on the methods of political philosophy. Inherent in this approach is a paradox that can be encapsulated in the following two questions. First, if the theoretical analysis should not start from ideals and principles, but must instead take as point of departure the social and political situation in which we are inescapably entangled (both central assumptions of the critical realism), how is it possible to gain the distance necessary for criticisms? Second, if we cannot transcend our societal reality and cannot therefore rely on external and objective values, on which basis is it possible to suggest “better” alternatives to the status quo? The mentioned authors could not explain convincingly, in my opinion, how these two questions can be answered. However, and this is the central claim of the article, the paradox is not unresolvable. The two questions mentioned above can be answered, so my argument, by recurring, respectively, to the negativism characteristic of Judith Shklar’s approach to political and legal theory and to the concept of “immanent critique” as understood by Rahel Jaeggi. Shklar convincingly shows that the critique of the status quo can be made not notwithstanding the blunt analysis of social reality, but exactly in reason of it. In order to recognise abuses of power and injustices, so her argument, we do not need an ideal theory of justice or of the perfect state. On the contrary, nothing better than history and the analysis of contemporary social reality can show us that injustices and abuses of power are a recurring and ever possible characteristics of politics. Jaeggi’s concept on immanent critique, moreover, indicates how it is possible to build an alternative to the criticized situation that is not anchored on transcendent principles and yet can plausibly explain why the suggested alternative is “better” than the status quo. Finally, I argue that both Shklars’ negativism and Jaeggi’s concept of immanent critique operate implicitly in Zolo’s approach, but that they, having not being made explicit, could not develop their whole potential. (shrink)

The ‘liberal-communitarian’ debate arose within anglophone political philosophy during the 1980s. This essay opens with an account of the main outlines of the debate, showing how liberals and communitarians tended to confront each other with opposing interpretations of John Rawls’ Theory of Justice (1999; originally published in 1971) and Political Liberalism (2005; originally published in 1993). The essay then proceeds to discuss four forms of ‘liberalism after communitarianism’: Michael Freeden’s account of liberalism as an ideology; Joseph Raz and Will Kymlicka’s (...) perfectionist liberalisms; the liberalism of value pluralists such as Isaiah Berlin and Bernard Williams; and Judith N. Shklar’s liberalism of fear. It concludes with the suggestion that there are times when liberals of every kind should set aside their ideology, even if only temporarily, in order to listen to their interlocutors with truly open minds. (shrink)

I argue that factory farming should be abolished consistent with the principles of classical liberalism. To make my case, I first argue that anti-cruelty is a commitment of classical liberalism. In Section 3, I explain how the commitments of classical liberalism, including a commitment to anti-cruelty, give us weighty reasons to abolish factory farming. Then, I consider and respond to the objection that the property rights of factory farmers override the strength of reasons for the abolition of factory farming. Finally, (...) I conclude by flagging some other possible implications of taking seriously a liberal commitment to anti-cruelty. (shrink)

Political realists’ rejection of the so-called ‘ethics first’ approach of political moralists, has raised concerns about their own source of normativity. Some realists have responded to such concerns by theorizing a distinctively political normativity. According to this view, politics is seen as an autonomous, independent domain with its own evaluative standards. Therefore, it is in this source, rather than in some moral values ‘outside’ of this domain, that normative justification should be sought when theorizing justice, democracy, political legitimacy, and the (...) like. For realists the question about a distinctively political normativity is important, because they take the fact that politics is a distinct affair to have severe consequences for both how to approach the subject matter as such and for which principles and values can be justified. Still, realists have had a hard time clarifying what this distinctively political normativity consists of and why, more precisely, it matters. The aim of this paper is to take some further steps in answering these questions. We argue that realists have the choice of committing themselves to one of two coherent notions of distinctively political normativity: one that is independent of moral values, where political normativity is taken to be a kind of instrumental normativity; another where the distinctness still retains a justificatory dependence on moral values. We argue that the former notion is unattractive since the costs of commitment will be too high, and that the latter notion is sound but redundant since no moralist would ever reject it. Furthermore, we end the paper by discussing what we see as the most fruitful way of approaching political and moral normativity in political theory. (shrink)

This paper makes the case for a revision of contemporary forms of political realism in political theory. I argue that contemporary realists have gone awry in increasingly centring their approach around a metaethical claim: that political theory should be rooted in a political form of normativity that is distinct from moral normativity. Several critics of realism have argued that this claim is unconvincing. But I suggest that it is also a counterintuitive starting point for realism, and one unnecessary to avoid (...) the ‘applied morality’ approach to political theory that realists oppose. Instead, realism should be methodologically orientated around what I term ‘empirically constitutive political realities’ - enduring features of real political contexts that are systematically consequential in their normative implications. Realists can persuasively argue that such empirically constitutive political realities must be attended to in political theory-building, and not merely treated as a context in which independently formulated moral theories are simply applied. This framing of realism accords real politics a genuinely foundational theoretical role, but without requiring any contentious metaethical stance about a non-moral political normativity. I explain some methodological implications that follow for realism – in particular the need to prioritise empirically grounded theorisation of real political contexts over abstract and rather essentialist claims about ‘the political’. I also argue that such a framing of realism helps engender a more accurate, less divisive, and more pluralist conception of methodological debates within political theory. (shrink)

Toleration is one of the core elements of a liberal polity, and yet it has come to be seen as puzzling, paradoxical and difficult. The aim of the present paper is to dispel three puzzles surrounding toleration. First, I will challenge the notion that it is difficult to see why tolerance should be a virtue given that it involves putting up with what one deems wrong. Second, I defuse the worry that the ideal of toleration is not fully realizable as (...) toleration must necessarily be limited. Third, I take issue with the assumption that ‘true’ tolerance requires meta-tolerance, that is, that the issue of toleration must itself be approached in a ‘tolerant’ way. (shrink)

ABSTRACT: So far in this book, we have examined algorithmic decision systems from three autonomy-based perspectives: in terms of what we owe autonomous agents (chapters 3 and 4), in terms of the conditions required for people to act autonomously (chapters 5 and 6), and in terms of the responsibilities of agents (chapter 7). -/- In this chapter we turn to the ways in which autonomy underwrites democratic governance. Political authority, which is to say the ability of a government to exercise (...) power, may be justifiable or not. Whether it is justified and how it can come to be justified is a question of political legitimacy. Political legitimacy is another way in which autonomy and responsibility are linked. This relationship is the basis of the current chapter, and it is important in understanding the moral salience of algorithmic systems. We will draw the connection as follows. We begin, in section 8.1, by describing two uses of technology: crime predicting technology used to drive policing practices and social media technology used to influence elections (including by Cambridge Analytica and by the Internet Research Agency). In section 8.2 we consider several views of legitimacy and argue for a hybrid version of normative legitimacy based on one recently offered by Fabienne Peter. In section 8.3 we will explain that the connection between political legitimacy and autonomy is that legitimacy is grounded in legitimating processes, which are in turn based on autonomy. Algorithmic systems—among them PredPol and the Cambridge Analytica-Facebook-Internet Research Agency amalgam—can hinder that legitimation process and conflict with democratic legitimacy, as we argue in section 8.4. We will conclude by returning to several cases that serve as through-lines to the book: Loomis, Wagner, and Houston Schools. -/- The link below is to an open-access copy of the chapter. (shrink)

Apocalypse, it seems, is everywhere. Preachers with vast followings proclaim the world's end and apocalyptic fears grip even the non-religious amid climate change, pandemics, and threats of nuclear war. But as these ideas pervade popular discourse, grasping their logic remains elusive. Ben Jones argues that we can gain insight into apocalyptic thought through secular thinkers. He starts with a puzzle: Why would secular thinkers draw on Christian apocalyptic beliefs--often dismissed as bizarre--to interpret politics? The apocalyptic tradition proves appealing in part (...) because it theorizes a special relation between crisis and utopia. Apocalyptic thought points to crisis as the vehicle to bring the previously impossible within reach, thus offering apparent resources for navigating challenges in ideal theory, which tries to imagine the best and most just society. By examining apocalyptic thought's appeal and risks, this study arrives at new insights on the limits of ideal theory and utopian hope. (shrink)

We created Justice: The Game, an educational, role-immersion game designed to be used in philosophy courses. We seek to describe Justice in sufficent detail so that it is understandable to readers not already familiar with role-immersion pedagogy. We hope some instructors will be sufficiently interested in using the game. In addition to describing the game we also evaluate it, thereby highlighting the pedagogical potential of role-immersion games designed to teach political philosophy. We analyze the game by drawing on our observations (...) as designers and playtesters of Justice, along with feedback from students obtained in focus-groups conducted shortly after playtesting ended. We present evidence that Justice, compared to conventional instructional methods alone, plausibly enhances student learning of philosophical skills and content by requiring them to practice those skills and put their content-area knowledge to use in a highly-motivating and engaging context. (shrink)

The 1951 Refugee Convention and its 1967 Protocol are the main legal documents governing the movement of refugee and asylum seekers across international borders. As the number of displaced persons seeking refuge has reached unprecedented numbers, states have resorted to measures to circumvent their obligations under the Convention. These range from bilateral agreements condemning refugees to their vessels at sea to the excision of certain territories from national jurisdiction. While socio-economic developments and the rise of the worldwide web have led (...) to deterritorialization of vast domains of the economy and the media which enable them to escape from state control, territorial presence, whether on terra firma or on vessels at sea which are functional surrogates for territorial sovereignty, continues to be the basis for the entitlement to human and citizens’ rights. We are facing a dual movement of deterritorialization and territorialization at once, both of which threaten the end of the 1951 Convention. This article is an exercise in non-ideal theory which, nonetheless, has implications for a seminal question in ideal democratic theory as to how to define and justify the boundaries of the demos. If the demos refers to the constitutional subject of a self-determining entity in whose name sovereignty is exercised, regimes of sovereignty, including those which govern the movement of peoples across borders, define the prerogatives as well as obligations of such sovereign entities under international law. The period ushered in by the 1951 Convention was such a sovereignty regime which today may be nearing its end. (shrink)