There has been little debate in political philosophy about whether the intentions of governments matter to the legitimacy of their policies. This paper fills this gap. First, I provide a rigorous statement of political anti-intentionalism, the view that intentions do not matter to political legitimacy. I do so by building on analogous debates in moral philosophy. Second, I sketch some strategies to defend political anti-intentionalism, which I argue are promising and available to a wide range of theories of legitimacy. Third, (...) I show that the distinction has implications for debates surrounding neutrality and political liberalism. (shrink)

(Winner of The Res Publica Essay Prize) This article defends a moderate version of state perfectionism by using Gerald Gaus’s argument for liberal neutrality as a starting point of discussion. Many liberal neutralists reject perfectionism on the grounds of respect for persons, but Gaus has explained more clearly than most neutralists how respect for persons justifies neutrality. Against neutralists, I first argue that the state may promote the good life by appealing to what can be called “the qualified judgments about (...) the good life,” which have not been considered by liberal perfectionists including Joseph Chan and Steven Wall. Then I clear up several possible misunderstandings of these judgments, and argue that: (a) moderate perfectionism does not rely on controversial rankings of values and is committed to promoting different valuable ways of life by pluralistic promotion; and (b) moderate perfectionism requires only an indirect form of coercion in using tax money to support certain moderate perfectionist measures, which is justifiable on the grounds of citizens’ welfare. Thus, I maintain that moderate perfectionism does not disrespect citizens, and is not necessarily unfair to any particular group of people. It is, in fact, plausible and morally important. The defence of moderate perfectionism has practical implications for the state’s policies regarding art development, drug abuse, public education, and so on. (shrink)

This paper defends a neorepublican account of civic virtue as consisting of stable traits of character, understood in broadly Aristotelian terms, that exhibit excellences associated with the role of citizen, and that contribute to the secure protection of freedom as non-domination. Such an account is important for the neorepublican project because neither laws nor social norms can yield reliable support for republican freedom without a parallel input from civic virtue. The paper emphasizes the need to distinguish civic virtue from desirable (...) norms, which can operate in tandem. Against other neorepublican accounts of civic virtue, it argues that the primary function of such virtue is not to support the stability of republican regimes. Rather, it has a corrective function, and may in fact challenge institutions, laws, and informal norms if they allow for the exercise of arbitrary power. Finally, the paper argues that this account of civic virtue is better positioned than a stability-focused account to shed light on the relationship between civic virtue and the common good. (shrink)

El presente trabajo parte del paralelo antitético establecido en torno al par amigo-enemigo que aparece en el “Concepto de lo político” de C. Schmitt para, a continuación, analizar las interesantes propuestas que llevan a cabo distintos autores, entre otros, H. Blumenberg, a las que añadiremos como contrapunto los representantes de la Escuela de J. Ritter, W. Böckenförde y H. Lübbe. En especial señalamos el tránsito que se produce de la neutralidad a la neutralización, a partir de la nueva consideración de (...) la temporalidad que se produjo a comienzos del Siglo XVI. Sin embargo, de esta paradójica constitución surgirán una serie de mitos correlativos a la neutralización que la refuerzan, por lo que nos referimos, finalmente, al status quo y al regreso, que constituyen los ecos metáforicos del moderno binomio progreso-regreso. (shrink)

Journal of Social Philosophy, EarlyView.

In recent years, several theorists have defended a form of neutrality that seeks to equalise the benefits that state policies bestow upon citizens’ conceptions of the good life. For example, when state policies confer special benefits upon a conception that revolves around a particular culture, religion or type of sports, other cultures, religions or types of sports might be due compensation. This article argues that this kind of neutrality – which I refer to as ‘hands-on neutrality’ – cannot be vindicated, (...) whether it takes a resourcist form or welfarist form. After explaining why states cannot simply avoid bestowing unequal advantages upon citizens’ conceptions of the good life, I identify several versions of hands-on neutrality and show that all of them fail to respect the moral equality of citizens. (In so doing, however, I do find that a different form of neutrality is appropriately applied under a more limited set of conditions, which is lottery-based.) I conclude by showing that in cases where theories of hands-on neutrality have intuitive force, more plausible rival principles can account for our intuitions. (shrink)

State-sponsored breastfeeding promotion campaigns have become increasingly common in developed countries. In this article, by using the tools of liberal political theory, as well as public health and health promotion ethics, we argue that such campaigns are not justified. They ignore important costs for women, including undermining autonomy, fail to distribute burdens fairly, cannot be justified neutrally and fail a basic efficacy test. Moreover, our argument demonstrates that breastfeeding campaigns are a rare case that bridges the fields of public health (...) ethics and the ethics of health promotion campaigns. This demonstrates the need to consider the ethics of state promotion of both voluntary and coercive behavioural change that benefits third parties. (shrink)

In this paper, I question the view that liberal perfectionism and neutrality are mutually exclusive doctrines. I do so by criticizing two claims made by Jonathan Quong. First, I object to his claim that comprehensive anti-perfectionism is incoherent. Second, I criticize his claim that liberal perfectionism cannot avoid a paternalist stance. I argue that Quong’s substantive assumptions about personal autonomy undermine both of his arguments. I use the discussion of Quong to argue that the standard assumption in liberal theory about (...) mutual exclusivity of liberal perfectionism and neutrality needs to be reconsidered, and I show why the argument about the convergence of perfectionism and neutrality makes conceptual sense. (shrink)

This paper is concerned with the practical importance of different forms of paternalism for educational theory and practice. Contrary to the traditional treatment of paternalism as a sometimes necessary and rather messy aspect of educational practices, I demonstrate that paternalism is to be regarded as an “indigenous concept” of educational theory and as the ‘indigenous model of justification’ that underlies the structure of educational practices. Based on an analysis of the intricate nexus between autonomy-oriented forms of paternalism and educational forms (...) of autonomy-based perfectionism I furthermore argue that a perfectionistically structured conception of autonomy provides a more adequate evaluative framework for justifying autonomy as an educational aim than alternative educational regimes of autonomy can deliver. Finally, I discuss some major theoretical problems of bridging the gap between general ethical principles and their application in practical fields. (shrink)

The idea that the state ought to be neutral towards different conceptions of the good life has been an influential principle in liberal theory since the 1970s. It has, however, been subject to criticism by communitarians, multiculturalists and liberal perfectionists. Recently, Peter Balint has attempted to defend state neutrality against its liberal critics as the adequate interpretation of the liberal project by redefining it as a range concept. By arguing that neutrality always occurs within a specific range of permissible conceptions (...) of the good life, Balint provides a convincing rebuttal of neutrality’s critics. In this paper I argue that while neutrality as a range concept provides an adequate account of state neutrality, it also makes it vulnerable to a new line of critique. Since the range of neutrality cannot be deduced from the principle of neutrality itself, neutrality is subject to political developments beyond its own control. I will start by clarifying the notion of neutrality as a range concept. Secondly, I will demonstrate that Balint’s notion of the range concept finds ample support in the wider literature on neutrality. Thirdly, I will argue that, as a range concept, neutrality ultimately depends on politically constituted value judgments. (shrink)