In this essay I will discuss the relationship between two of the most basic ideas in political and legal philosophy: the justification of the state and state legitimacy. I plainly cannot aspire here to a complete account of these matters; but I hope to be able to say enough to motivate a way of thinking about the relation between these notions that is, I believe, superior to the approach which seems to be dominant in contemporary political philosophy. Today showing that (...) a state is justified and showing that it is legitimate are typically taken to require the very same arguments. I will argue that this contemporary stance obscures the difference between two central ways in which we should morally evaluate states, and it generates confusions about other serious practical issues, such as those surrounding our moral obligations to comply with law. I begin with brief discussions of the ideas of justification and legitimacy and with an attempt to capture what ought to be most central in our concerns about these ideas. I turn then to two basic ways of thinking about the relation between justification and legitimacy that I want to distinguish: what I will call the Lockean and the Kantian approaches. Next, I argue that the minority Lockean approach to this issue captures essential features of institutional evaluation that the majority Kantian approach does not; and I add brief mention of one further complication facing any adequate account of political evaluation. (shrink)

Journal of Political Philosophy, Volume 30, Issue 2, Page 143-165, June 2022.

The starting point regarding consent has to be that it is both extremely important, and that it is often suspicious. In this article, the author tries to make sense of both of these claims, from a largely liberal perspective, tying consent, predictably, to the value of autonomy and distinguishing between autonomy as sovereignty and autonomy as nonalienation. The author then discusses adaptive preferences, claiming that they suffer from a rationality flaw but that it's not clear that this flaw matters morally (...) or politically. What matters is whether they suffer from an autonomy flaw. To answer this question, the author develops an account of autonomy failure, according to which a preference is nonautonomous if an injustice played an appropriate role in its causal history. The author then discusses the moral implications—and in an initial way, the political ones as well—of proclaiming a preference, or consent based on it, nonautonomous in this way. (shrink)

The most common argument against negative utilitarianism is the world destruction argument, according to which negative utilitarianism implies that if someone could kill everyone or destroy the world, it would be her duty to do so. Those making the argument often endorse some other form of consequentialism, usually traditional utilitarianism. It has been assumed that negative utilitarianism is less plausible than such other theories partly because of the world destruction argument. So, it is thought, someone who finds theories in the (...) spirit of utilitarianism attractive should not go for negative utilitarianism, but should instead pick traditional utilitarianism or some other similar theory such as prioritarianism. I argue that this is a mistake. The world destruction argument is not a reason to reject negative utilitarianism in favour of these other forms of consequentialism, because there are similar arguments against such theories that are at least as persuasive as the world destruction argument is against negative utilitarianism. (shrink)

Does it count against a normative theory in political philosophy that it is in some important sense infeasible, that its prescriptions are unlikely to be complied with? Though a positive answer seems plausible, it has proved hard to defend against the claim that this is not how normative theories work - noncompliance shows a problem with the noncomplying agents, not with the normative theory. I think that this line of thought - this defense of Utopianism - wins the battle but (...) loses the war. It’s right about what does and what does not refute a normative theory. It’s wrong in misidentifying the problem. The right way to think about the feasibility worry is as essentially involving multiple agents, and how expected noncompliance by one agent may refute a normative claim addressed at another. Thus understood, feasibility problems may very well refute a theory in political philosophy. In this paper I develop this understanding of the feasibility worry, tie it to more general discussions in normative ethics, and in political philosophy. (shrink)

A slew of recent political theorists—many taking their cue from the political writings of Bernard Williams—have recently contended that political normativity is its own kind of normativity, distinct from moral normativity. In this article, we first attempt to clarify what this claim amounts to and then reconstruct and interrogate five major arguments for it. We contend that all these arguments are unconvincing and fail to establish a sense in which political normativity is genuinely separate from morality.

Hypothetical consent is puzzling. On the one hand, it seems to make a moral difference across a wide range of cases. On the other hand, there seem to be principled reasons to think that it cannot. In this article I put forward reasonably precise formulations of these general suspicions regarding hypothetical consent; I draw several distinctions regarding the ways in which hypothetical consent may make a moral difference; I distinguish between two autonomy-related concerns, nonalienation and sovereignty; and, utilizing these distinctions, (...) I show that—and in a preliminary way, when—the objections to the moral significance of hypothetical consent fail. (shrink)

Commentary on Judith Shklar's skepticism has ranged from the claim that it was not the central characteristic of her thought to the argument that it seriously hobbled her thinking about justice. In fact Shklar's uniqueness as a thinker resides precisely in the fact that she combined a sweeping skepticism with a strong commitment to liberal justice. Skepticism interacted with her liberal moral commitments to inspire her account of injustice, without which her views about justice are impossible to grasp. Shklar's skepticism (...) produced her laser-like focus on sources of injustice and oppression for the individual, whom she perceived to be potentially threatened no less by tribe, nation, family, or a democratic citizens' community than by the state itself. It produced not only her highly original insights into the inadequacy of all existing models of justice, but also her subtle yet concerted effort to render democracy safe for liberalism in political theory while at the same make liberalism more egalitarian. (shrink)

This paper provides a critical overview of the realist current in contemporary political philosophy. We define political realism on the basis of its attempt to give varying degrees of autonomy to politics as a sphere of human activity, in large part through its exploration of the sources of normativity appropriate for the political and so distinguish sharply between political realism and non-ideal theory. We then identify and discuss four key arguments advanced by political realists: from ideology, from the relationship of (...) ethics to politics, from the priority of legitimacy over justice and from the nature of political judgement. Next, we ask to what extent realism is a methodological approach as opposed to a substantive political position and so discuss the relationship between realism and a few such positions. We close by pointing out the links between contemporary realism and the realist strand that runs through much of the history of Western political thought. (shrink)

This article analyzes the relationship between the ideas of cruelty and injustice in Judith Shklar’s political theory. Shklar’s The Faces of Injustice is sometimes read as an instantiation of the liberalism of fear, which regards cruelty and the fear that it inspires as the summum malum. I challenge this interpretation and instead argue that her account of injustice should be read independently of her commitment to the liberalism of fear. In doing so, I show how her exploration of the faces (...) of injustice—especially the importance she accords to passive injustice and the sense of injustice—raises important challenges for the liberal case for putting cruelty first. Although democratic attitudes and institutions constitute the best available remedy for the sense of injustice, on Shklar’s account, those who focus too much on the requirements of democratic citizenship risk treating injustice as a greater evil than cruelty, which could, in turn, facilitate cruelty and undermine liberal democracy. I conclude by suggesting that the republican-inspired theory of citizenship from The Faces of Injustice, which Shklar outlines in response to the problem of passive injustice, reflects a distinct strand of her political theory that goes beyond the more familiar defense of law-bound constitutional government associated with the liberalism of fear. (shrink)

Is there any number of people you should save from paralysis rather than saving one person from death? Is there any number of people you should save from a migraine rather than saving one person from death? Many people answer ‘yes’ and ‘no’, respectively. The aim of partially aggregative moral views is to capture and justify combinations of intuitions like these. These views contrast with fully aggregative moral views, which imply that the answer to both questions is ‘yes’, and with (...) non-aggregative moral views, which imply that the answer to both questions is ‘no’. In this paper, I review the most natural and influential ways of developing partially aggregative views and explain the main problems they face. (shrink)

Realists and non-ideal theorists currently criticise Rawlsian mainstream liberalism for its inability to address injustice and political conflict, as a result of the subordination of political philosophy to moral theory, as well as an idealising and abstract methodology. Seeing that liberalism emerged as a theory for the protection of the individual from conflict and injustice, these criticisms aim at the very core of liberalism as a theory of the political and therefore deserve close analysis. I will defend Judith N. Shklar’s (...) liberalism of fear as an answer to these challenges. I will argue that the liberalism of fear maintains realism’s conflictual and inherently political thrust while also integrating a perspective on injustice. I will defend the claim that in contrast to the two aforementioned criticisms, the liberalism of fear develops its own normative standard from which political arrangements can be assessed. It does so by replacing the idealising approach to political philosophy with a non-utopian methodology, which opens a negative perspective on what is to be avoided in the political sphere, and how to detect and deal with injustice. Due to this standard, it is a liberal theory that is uniquely able to meet the realist and non-ideal challenge. (shrink)

For many years, moral philosophers have been debating the conceptual and moral status of the distinction between intending harm and foreseeing harm. In this paper, after surveying some of the objections to the moral significance of this distinction in general, I focus on the special case of state action, arguing that whatever reasons we have to be suspicious about the distinction's moral significance in general, we have very good reasons to believe it lacks intrinsic moral significance when applied to state (...) action. After arguing for this claim, I pursue in a preliminary way some of its implications. (shrink)

How should deontological theories that prohibit actions of type K — such as intentionally killing an innocent person — deal with cases of uncertainty as to whether a particular action is of type K? Frank Jackson and Michael Smith, who raise this problem in their paper "Absolutist Moral Theories and Uncertainty" (2006), focus on a case where a skier is about to cause the death of ten innocent people — we don’t know for sure whether on purpose or not — (...) by causing an avalanche; and we can only save the people by shooting the skier. One possible deontological attitude towards such uncertainty is what Jackson and Smith call the threshold view, according to which whether or not the deontological constraint applies depends on our degree of (justified) certainty meets a given threshold. Jackson and Smith argue against the threshold view that it leads to implausible paradoxical moral dilemmas in a special kind of case. In this response, we show that the threshold view can avoid these implausible moral dilemmas, as long as the relevant deontological constraint is grounded in individualistic patient-based considerations, such as what an individual person is entitled to object to. (shrink)

Judith Shklar’s dictum, ‘the worst evil of cruelty’, is well known. What this means for her political theory and how such theory is construed are rarely explored. This article maintains that Shklar’s turn towards cruelty/suffering has a specific role in the development of her political argument. It allows her both to curb her long-standing skepticism, and to use it creatively. This is because suffering must be examined from the perspectives of history and philosophy, which produce two sets of knowledge, each (...) limiting the overbearing tendencies of the other. The way Shklar uses the tension between history and philosophy for progressive purposes, and her idea that politics can mediate between history and philosophy, makes her a very contemporary theorist, similar to those who critically engage foundationalism without wanting to dispose of it completely. Approaching Shklar’s ‘Putting Cruelty First’ through her engagement with history and philosophy, and making use of the concepts of ‘realism’ (Bernard Williams) and ‘weak ontology’ (Stephen White) to do so are a more productive route to understanding her dictum than the usual one of examining it through the prism of her ‘liberalism of fear’. (shrink)

When Huck Finn embarks upon his hilarious education of the slave Jim in the moral vagaries of the monarchies of Europe, he takes himself to be propounding the merest common sense. He may have thought large‐scale villainy restricted to autocracies, but his creator was clearly not so naive. More to the present point, Huck ends his discourse on princely rule with remarks that show he was not merely cataloguing the fact of widespread royal vice, but willing to countenance it as (...) necessary. As he puts it, ‘kings is kings, and you got to make allowances. Take them all around, they're a mighty ornery lot’. (shrink)

Rethinking Liberalism for the 21st Century offers an indispensable reexamination of the life, work, and interventions of a prominent liberal political theorist of the 20th century: Judith Shklar. Drawing on published and unpublished sources including Shklar¿s correspondence, lecture notes, and other manuscripts, Giunia Gatta presents a fresh theoretical interpretation of Shklar¿s liberalism as philosophically and politically radical. Beginning with a thorough reconstruction of Shklar¿s life and her interest in political theory, Gatta turns her attention to examining the tension between Shklar¿s (...) critique of the term "modernity" and her passion for Enlightenment thinkers, including Rousseau and Hegel. In the second part of the book, Gatta roots Shklar¿s liberalism of permanent minorities in her work in the history of political thought, and highlights this contribution as a fundamental recasting of liberalism as the political philosophy of outsiders. She makes a compelling argument for a liberalism of permanent minorities that refuses to stand on the ground of firm foundations and, instead, is oriented by complex understandings of cruelty and fear. Rethinking Liberalism for the 21st Century is a much-needed reorientation of traditional liberal policies, allowing for a more meaningful intervention in many contemporary debates. As such, it will be of interest to scholars of political theory, the history of political thought and ideas, philosophy, international relations, and political science in general. (shrink)