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)

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)

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)

Should our factual understanding of the world influence our normative theorising about it? G.A. Cohen has argued that our ultimate normative principles should not be constrained by facts. Many others have defended or are committed to various versions or subsets of that claim. In this paper I dispute those positions by arguing that, in order to resist the conclusion that ultimate normative principles rest on facts about possibility or conceivability, one has to embrace an unsatisfactory account of how principles generate (...) normative political judgments. So political theorists have to choose between principles ostensibly unbiased by our current understanding of human motivation and political reality, or principles capable of reliably generating political judgments. I conclude with wider methodological observations in defence of the latter option, and so of a return to political philosophy’s traditional blend of normative and descriptive elements. (shrink)

Could the notion of compromise help us overcoming – or at least negotiating – the frequent tension, in normative political theory, between the realistic desideratum of peaceful coexistence and the idealistic desideratum of justice? That is to say, an analysis of compromise may help us moving beyond the contrast between two widespread contrasting attitudes in contemporary political philosophy: ‘fiat iustitia, pereat mundus’ on the one side, ‘salus populi suprema lex’ on the other side. More specifically, compromise may provide the backbone (...) of a conception of legitimacy that mediates between idealistic (or moralistic) and realistic (or pragmatic) desiderata of political theory, i.e. between the aspiration to peace and the aspiration to justice. In other words, this paper considers whether an account of compromise could feature in a viable realistic conception of political legitimacy, in much the same way in which consensus features in more idealistic conceptions of legitimacy (a move that may be attributed to some realist theorists, especially Bernard Williams). My conclusions, however, are largely sceptical: I argue that grounding legitimacy in any kind of normatively salient agreement does require the trappings of idealistic political philosophy, for better or – in my view – worse. (shrink)

The most obvious way of settling disagreements peacefully is to take a vote. Yet, as Jeremy Waldron points out, the attitudes of philosophers and political theorists towards majority voting have ranged from indifference to hostility. Piled on top of all this scorn for legislation comes further scorn from social choice theorists, who insist that majority rule is useless as a means of making decisions.

This book continues and revises the ideas of justice as fairness that John Rawls presented in _A Theory of Justice_ but changes its philosophical interpretation in a fundamental way. That previous work assumed what Rawls calls a "well-ordered society," one that is stable and relatively homogenous in its basic moral beliefs and in which there is broad agreement about what constitutes the good life. Yet in modern democratic society a plurality of incompatible and irreconcilable doctrines--religious, philosophical, and moral--coexist within the (...) framework of democratic institutions. Recognizing this as a permanent condition of democracy, Rawls asks how a stable and just society of free and equal citizens can live in concord when divided by reasonable but incompatible doctrines? This edition includes the essay "The Idea of Public Reason Revisited," which outlines Rawls ' plans to revise _Political Liberalism,_ which were cut short by his death. "An extraordinary well-reasoned commentary on _A Theory of Justice_...a decisive turn towards political philosophy." --_Times Literary Supplement_. (shrink)

Raymond Geuss has been viewed as one of the figureheads of the recent debates about realism in political theory. This interpretation, however, depends on a truncated understanding of his work of the past 30 years. I will offer the first sustained engagement with this work which allows understanding his realism as a project for reorienting political theory, particularly the relationship between political theory and politics. I interpret this reorientation as a radicalization of realism in political theory through the combination of (...) the emphasis on the critical purpose of political theory and the provision of practical, contextual orientation. Their compatibility depends on Geuss’ understanding of criticism as negative, of power as ‘detoxified’ and of the critical purchase of political theory as based on the diagnostic engagement with its context. This radicalization particularly challenges the understanding of how political theory relates to its political context. (shrink)

This paper outlines an account of political realism as a form of ideology critique. Our focus is a defence of the normative edge of this critical-theoretic project against the common charge that there is a problematic trade-off between a theory’s groundedness in facts about the political status quo and its ability to consistently envisage radical departures from the status quo. To overcome that problem we combine insights from three distant corners of the philosophical landscape: theories of legitimacy by Bernard Williams (...) and other realists, Frankfurt School-inspired Critical Theory, and recent analytic epistemological and metaphysical theories of cognitive bias, ideology, and social construction. The upshot is a novel account of realism as empirically-informed diagnosis- critique of social and political phenomena. This view rejects a sharp divide between descriptive and normative theory, and so is an alternative to the anti- empiricism of some approaches to Critical Theory as well as to the complacency towards existing power structures found within liberal realism, let alone mainstream normative political philosophy, liberal or otherwise. (shrink)

This chapter contains section titled: Introduction Legal Indeterminacy The Core Claim of American Legal Realism Two Branches of Realism Naturalized Jurisprudence? How Should Judges Decide Cases? Legacy of Legal Realism I: Legal Education and Scholarship in the United States Legacy of Legal Realism II: Legal Theory References Further Reading.

in a very different sense, to refer to the cultural community, or cultural structure, itself On this view, the cultural community continues to exist even when its members arc free to modify the character of the culture, should they find its traditional ...

This is a response to Erman and Moller's response to our reply to their 'Political Legitimacy in the Real Normative World', both also in this journal.

This book is vigorous in its arguments, displays an impressive historical sweep, and on several occasions gets in the perfect skewering criticism.

This is a profound and concise essay on the basic structure of contemporary politics, written throughout in a voice that is sceptical, engaged, and clear.

In recent decades, a ‘realist’ alternative to ideal theories of politics has slowly taken shape. Bringing together philosophers, political theorists, and political scientists, this countermovement seeks to reframe inquiry into politics and political norms. Among the hallmarks of this endeavor are a moral psychology that includes the passions and emotions; a robust conception of political possibility and rejection of utopian thinking; the belief that political conflict — of values as well as interests — is both fundamental and ineradicable; a focus (...) on institutions as the arenas within which conflict is mediated and contained; and a conception of politics as a sphere of activity that is distinct, autonomous, and subject to norms that cannot be derived from individual morality. For political realists, a ‘well-ordered society’ is rarely attainable; a modus vivendi without agreement on first principles is often the only practical possibility. Not only will ‘full compliance’ never be achieved, but also it is an assumption that yields misleading accounts of political norms. While realists offer a number of compelling criticisms of ideal theory, there are some lacunae in their stance. It is not yet clear whether realism constitutes a coherent affirmative alternative to idealism. Nor have realists clarified the extent of conflict that is consistent with political order as such. And because both sides accept ‘ought implies can’ as a constraint on the validity of political norms, much of the debate between realists and idealists revolves around deep empirical disagreements that are yet to be clarified. (shrink)

Can quite different values be rationally weighed against one another? Can the value of one thing always be ranked as greater than, equal to, or less than the value of something else? If the answer to these questions is no, then in what areas do we find commensurability and comparability unavailable? And what are the implications for moral and legal decision making? This book struggles with these questions, and arrives at distinctly different answers.".

_Liberalisms_, a work first published in 1989, provides a coherent and comprehensive analytical guide to liberal thinking over the past century and considers the dominance of liberal thought in Anglo-American political philosophy over the past 20 years. John Gray assesses the work of all the major liberal political philosophers including J. S. Mill, Herbert Spencer, Karl Popper, F. A Hayek, John Rawls and Robert Nozick, and explores their mutual connections and differences.

Jeremy Waldron is one of the world's leading legal and political philosophers. This collection brings together thirteen of his most recent essays which, in the course of working the book up for publication, the author has revisited and thoroughly revised. He addresses central issues within the liberal tradition, focusing on the law and its role in a pluralistic state which experiences deep disagreements about values and rights, and about the role of the state itself.

Turning his back on neoliberalism, voicing 'the end of history' and the unstoppable spread of liberal values across the globe, Gray's was a lone voice of scepticism. The thinking he criticised would lead to the invasion of Iraq. Today, its folly might seem obvious, but Gray has been trying to warn us for years.

A study of the political philosophy of the Russian born thinker explains how Isaiah Berlin came to reject ideological frameworks in favor of a pluralism that acknowledges the inevitable diversity of human values.

Author Jeremy Waldron has thoroughly revised thirteen of his most recent essays in order to offer a comprehensive critique of the idea of the judicial review of legislation. He argues that a belief in rights is not the same as a commitment to a Bill of Rights. This book presents legislation by a representative assembly as a form of law making which is especially apt for a society whose members disagree with one another about fundamental issues of principle.

Bernard Williams is remembered as one of the most brilliant and original philosophers of the past fifty years. Widely respected as a moral philosopher, Williams began to write about politics in a sustained way in the early 1980s. There followed a stream of articles, lectures, and other major contributions to issues of public concern--all complemented by his many works on ethics, which have important implications for political theory. This new collection of essays, most of them previously unpublished, addresses many of (...) the core subjects of political philosophy: justice, liberty, and equality; the nature and meaning of liberalism; toleration; power and the fear of power; democracy; and the nature of political philosophy itself. A central theme throughout is that political philosophers need to engage more directly with the realities of political life, not simply with the theories of other philosophers. Williams makes this argument in part through a searching examination of where political thinking should originate, to whom it might be addressed, and what it should deliver. Williams had intended to weave these essays into a connected narrative on political philosophy with reflections on his own experience of postwar politics. Sadly he did not live to complete it, but this book brings together many of its components. Geoffrey Hawthorn has arranged the material to resemble as closely as possible Williams's original design and vision. He has provided both an introduction to Williams's political philosophy and a bibliography of his formal and informal writings on politics. Those who know the work of Bernard Williams will find here the familiar hallmarks of his writing--originality, clarity, erudition, and wit. Those who are unfamiliar with, or unconvinced by, a philosophical approach to politics, will find this an engaging introduction. Both will encounter a thoroughly original voice in modern political theory and a searching approach to the shape and direction of liberal political thought in the past thirty-five years. (shrink)

This is the first book-length defence of liberalism on the basis of value pluralism, complementing and extending the work of Berlin and others.

A central task in contemporary political philosophy is to identify principles governing political life where citizens disagree deeply on important questions of value and, more generally, about the proper ends of life. The distinctively liberal response to this challenge insists that the state should as far as possible avoid relying on such contested issues in its basic structure and deliberations. David McCabe critically surveys influential defenses of the liberal solution and advocates modus vivendi liberalism as an alternative defense of the (...) liberal state. Acknowledging that the modus vivendi approach does not provide the deep moral consensus that many liberals demand, he defends the liberal state as an acceptable compromise among citizens who will continue to see it as less than ideal. His book will interest a wide range of readers in political philosophy and political theory. (shrink)

The essays collected in this volume all explore the problem of the relation between moral philosophy and modernity. Charles Larmore addresses this problem by attempting to define the way distinctive forms of modern experience should orientate our moral thinking. Charles Larmore wonders whether the dominant forms of modern philosophy have not become blind to important dimensions of the moral life. The book argues against recent attempts to return to the virtue-centered perspective of ancient Greek ethics. As well as exploring the (...) differences between ancient and modern ethics, the author examines such topics as the roles of reason and history in our moral understanding, the inadequacy of philsophical naturalism, and the foundations of modern liberalism. There are also extended discussions of a number of leading contemporary philosophers: Rawls, Habermas, Williams and Rorty. (shrink)

This paper investigates how political theorists and philosophers should understand egalitarian political demands in light of the increasingly important realist critique of much of contemporary political theory and philosophy. It suggests, first, that what Martin O'Neill has called non-intrinsic egalitarianism is, in one form at least, a potentially realistic egalitarian political project and second, that realists may be compelled to impose an egalitarian threshold on state claims to legitimacy under certain circumstances. Non-intrinsic egalitarianism can meet realism’s methodological requirements because it (...) does not have to assume an unavailable moral consensus since it can focus on widely acknowledged bads rather than contentious claims about the good. Further, an appropriately formulated non-intrinsic egalitarianism may be a minimum requirement of an appropriately realistic claim by a political order to authoritatively structure some of its members' lives. Without at least a threshold set of egalitarian commitments, a political order seems unable to be transparent to many of its worse off members under a plausible construal of contemporary conditions. (shrink)

A polity is grounded in a modus vivendi (MV) when its main features can be presented as the outcome of a virtually unrestricted bargaining process. Is MV compatible with the consensus-based account of liberal legitimacy, i.e. the view that political authority is well grounded only if the citizenry have in some sense freely consented to its exercise? I show that the attraction of MV for consensus theorists lies mainly in the thought that a MV can be presented as legitimated through (...) a realist account of public justification. Yet I argue that, because of persistent ethical diversity, that realism problematically conflicts with the liberal commitments that underpin the very ideas of consensus and public justification. Thus, despite the interest it has recently attracted from critics of political liberalism and deliberative democracy, MV is not an option for those wishing to ground liberal political authority in some form of consensus. So if realist and agonistic critiques are on target, then the fact that modus vivendi is not an option casts some serious doubt on the viability of the consensus view of liberal legitimacy. (shrink)

‘Value pluralism’ as traditionally understood is the metaphysical thesis that there are many values that cannot be ‘reduced’ to a single supervalue. While it is widely assumed that value pluralism is true, the case for value pluralism depends on resolution of a neglected question in value theory: how are values properly individuated? Value pluralism has been thought to be important in two main ways. If values are plural, any theory that relies on value monism, for example, hedonistic utilitarianism, is mistaken. (...) The plurality of values is also thought to raise problems for rational choice. If two irreducibly distinct values conflict, it seems that there is no common ground that justifies choosing one over the other. The metaphysical plurality of values does not, however, have the implications for rational choice that many have supposed. A charitable interpretation of value pluralist writings suggests a ‘nonreductive’ form of value pluralism. Nonreductive value pluralism maintains that in the context of practical choice, there are differences between values—whether or not those values reduce to a single supervalue—that have important implications for rational choice. This article examines the main arguments for metaphysical value pluralism, argues that metaphysical value pluralism does not have certain implications that it is widely thought to have, and outlines three forms of nonreductive value pluralism. (shrink)