This chapter contains sections titled: The Perfectionist Idea Pluralism and Skepticism The Challenge of Justificatory Liberalism Justification, Power, and Restraint Conclusion Notes.

It is a commonplace that in many societies people adhere to profoundly different conceptions of the good. Given this we need to know what political principles are appropriate. How can we treat people who are committed to different accounts of the good with fairness? One recent answer to this pressing question is given by Brian Barry in his important work Justice as Impartiality. This book, of course, contains much more than this. It includes a powerful and incisive discussion of several (...) accounts of distributive justice, a critique of other attempts to defend liberal neutrality and a rebuttal of those who are critical of the ideal of impartiality. In this paper I wish, however, to focus on Barry's defence of liberal neutrality. The paper falls into three parts. Section I outlines the thesis that Barry wants to defend and gives a brief sketch of the argument he employs to defend it. Barry's argument makes two claims – what I have termed the Sceptical Thesis and the Agreement Thesis. Section II therefore critically assesses Barry's defence of the sceptical thesis and Section III examines the agreement thesis. (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.

Ranging over central issues of morals and politics and the nature of freedom and authority, this study examines the role of value-neutrality, rights, equality, ...

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)

“[A]ny truly neutral state,” writes George Sher in this important and timely new book, “must needlessly cut its citizens off from important goods”. For that reason, he argues, liberal neutrality, the view that government must remain neutral between competing conceptions of the good life, is indefensible. There is, moreover, a uniquely best, rationally defensible conception of the good life—not a subjective view that insists that all value depends on satisfying actual or hypothetical desires, but an objective view that recognizes that (...) some value depends on the realization of certain broad capacities that humans share. However, this objective or perfectionist view, as Sher calls it, is not communitarian, since it rejects the idea that society’s history or conventions must ratify its values or that civic participation or engagement in common projects must be among its recommendations. It is a liberal perfectionism, since it requires procedural and substantive liberal rights and recognizes that there are many different ways of realizing the human capacities whose exercise generates value. Hence, although government may legitimately promote the good, “the ability to promote the good is not all-or-nothing”. (shrink)

Thomas Nagel addresses the conflict between the claims of the group and those of the individual. Nagel attempts to clarify the nature of the conflict – one of the most fundamental problems in moral and political theory – and argues that its reconciliation is the essential task of any legitimate political system.

Can a state seek to promote a thick conception of the good (such as fostering a kind of meaning or excellence in people's lives) without treating its citizens disrespectfully? The predominant answer among friends of the principle of respect for persons is "no." The most powerful Kantian objection to non-liberalism or perfectionism is the claim that citizens who do not share the state's conception of the good would be wronged in that the state would treat a certain way of life (...) as more important than its citizens' capacities to choose their own ways of life. I sketch a new non-liberal principle for political decision-making and show that, unlike other forms of non-liberalism, it is not vulnerable to this major respect-based objection. 'Open perfectionism' is the view that state enforcement of a conception of the good favoured by the majority is permissible if and only if the minority has the substantial ability to avoid the territory in which the conception of the good is enforced. I argue that it is a realistic possibility for some non-liberal states to provide a fair opportunity to their dissenters to avoid the imposition of non-liberal policies and that the Kantian liberal's central complaint would not apply to non-liberal states if they were to provide such an opportunity. The principle of respect for persons grounds the most influential argument for liberalism, and so showing that open perfectionism is consistent with liberal intuitions about free choice promises to help to transcend the long-standing conflict between non-liberalism and Kantian liberalism. (shrink)

One objection to the principle of public reason is that since there is room for reasonable disagreement about distributive justice as well as about human flourishing, the requirement of reasonable acceptability rules out redistribution as well as perfectionism. In response, some justificatory liberals have invoked the argument from higher-order unanimity, or nested inclusiveness. If it is not reasonable to reject having some system of property rights, and if redistribution is just the enforcement of a different set of property rights, redistribution (...) is legitimate if chosen democratically. This article explores two problems with this response. First, there are different ways to describe the set of possible policies, and so different ways to specify the noncoercive default that obtains in the absence of conclusive justification. Second, if the coercive exercise of political power must be conclusively justified, policies that are more coercive ought to require conclusive justification as against policies that are less coercive. These problems about the baseline with respect to which we require public justification raise the question of how we measure coercion, and whether or in what sense there is a presumption against coercion. The article distinguishes and argues against three such presumptions. (shrink)

Perfectionism is one of the leading moral views of the Western tradition, defended by Plato, Aristotle, Aquinas, Leibniz, Hegel, Marx, Nietzsche, and Green. Defined broadly, it holds that what is right is whatever most promotes certain objective human goods such as knowledge, achievement, and deep personal relations. Defined more narrowly, it identifies these goods by reference to human nature, so the human good consistsin developing the properties fundamental to human beings. If it is fundamental to humans to be rational (Aristotle), (...) to labor (Marx), or to exercise power (Nietzsche), developing these traits is best. This book tries to formulate the most defensible version of perfectionism using contemporary analytic techniques. It first examines narrow perfectionism, asking what kind of properties human nature consists in (distinctive? essential?); how these properties are identified; and what they are. It then explores issues relevant to both broad and narrow perfectionism, including whether each person should pursue just his own perfection or everyone's; how perfectionist goods are compared and aggregated; and in what particular times they are. On the last topic it develops an “Aristotelian” theory of the value of theoretical and practical rationality, as embodied in beliefs and ends with specified formal properties. The book closes by examining perfectionism's implications for political questions about liberty and equality. (shrink)

Our concern in this essay are the roles of religious conviction in what we call a “publicly justified polity” — one in which the laws conform to the Principle of Public Justification, according to which (in a sense that will become clearer) each citizen must have conclusive reason to accept each law as binding. According to “justificatory liberalism,”1 this public justification requirement follows from the core liberal commitment of respect for the freedom and equality of all citizens.2 To respect each (...) as free and equal requires that no one simply be forced to submit to the judgments of others as to what she must do. Laws must be justified to those subject to them — each must accept grounds that justify the law. As Kant indicated, if such a condition is achieved, each is both subject and legislator: each is subject to the law, yet each legislates the law, and so all our free and equal under the law.3 Now it would appear that if we are to justify laws to each and every person, the reasons for these laws must be “accessible to all.”4 Religious reasons, however, are not shared by everyone, and may be inaccessible to some: they would thereby seem inappropriate in public justification. On the face of it, justificatory liberals seem committed to expunging religious-based reasoning from political justification. Not surprisingly, this apparent commitment of justificatory liberalism is adamantly rejected by many citizens of faith who consider themselves liberals. These citizens embrace the traditional liberal freedoms and rights and, moreover, reject any suggestion that a legitimate polity might seek to establish a religion, much less a theocracy. Yet they.. (shrink)

This chapter contains sections titled: The Concept of Neutrality Liberal Moral Neutrality Liberal Political Neutrality The Implications of Liberal Political Neutrality Notes.

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.

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.

Editors provide a substantive introduction to the history and theories of perfectionism and neutrality, expertly contextualizing the essays and making the collection accessible.

In this innovative and important work, Gerald Gaus advances a revised and more realistic account of public reason liberalism, showing how, in the midst of fundamental disagreement about values and moral beliefs, we can achieve a moral and political order that treats all as free and equal moral persons. The first part of this work analyzes social morality as a system of authoritative moral rules. Drawing on an earlier generation of moral philosophers such as Kurt Baier and Peter Strawson as (...) well as current work in the social sciences, Gaus argues that our social morality is an evolved social fact, which is the necessary foundation of a mutually beneficial social order. The second part considers how this system of social moral authority can be justified to all moral persons. Drawing on the tools of game theory, social choice theory, experimental psychology and evolutionary theory, Gaus shows how a free society can secure a moral equilibrium that is endorsed by all, and how a just state respects, and develops, such an equilibrium. (shrink)

Many people, including many contemporary philosophers, believe that the state has no business trying to improve people's characters, elevating their tastes, or preventing them from living degraded lives. They believe that governments should remain absolutely neutral when it comes to the consideration of competing conceptions of the good. One fundamental aim of George Sher's book is to show that this view is indefensible. A second complementary aim is to articulate a conception of the good that is worthy of promotion by (...) the state. The first part of the book analyses attempts to ground the neutrality thesis in the value of autonomy, respect for autonomy, the dangers of a non-neutral state, and scepticism about the good. The second part defends an objective conception of the good which remains sensitive to some of the considerations that make subjectivism attractive. (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)

Larmore aims to recover three forms of moral complexity that have often been neglected by moral and political philosophers. First, he argues that virtue is not simply the conscientious adherence to principle. Rather, the exercise of virtue apply. He argues - and this is the second pattern of complexity - that recognizing the value of constitutive ties with shared forms of life does not undermine the liberal ideal of political neutrality toward differing ideals of the good life. Finally Larmore agrues (...) for what he calls the heterogeneity of morality. Moral thinking need not be exclusively deontological or consequentialist, and we should recognize that the ultimate sources of moral value are diverse. The arguments presented here do not attack the possibility of moral theory. But in addressing some of the central issues of moral and political thinking today thay attempt to restore to that thinking greater flexibility and a necessary sensitivity to our common experience. (shrink)

Compared to other debates in contemporary political philosophy, the light-to-heat ratio of discussions of neutrality has been somewhat dismal. Although most political philosophers seem to know whether they are for it or against it, there is considerable confusion about what “it” is. To be sure, some of this ambiguity has been noted, and at least partially dealt with, in the literature. Neutrality understood as a constraint on the sorts of reasons that may be advanced to justify state action is regularly (...) distinguished from “consequential neutrality”—that the effects of state policy must somehow be neutral.1 Yet interpretations of neutrality are far more diverse than most analyses recognize.2 Neutrality is sometimes understood as a doctrine about: the intent or aim of legislation or legislators,3 the proper functions of the state,4 the prohibition of the state “taking a stand” on some issues,5 the prohibition of the state enforcing moral character,6 or the requirement that the state take a stance of impartiality.7 Alternatively, neutrality can be understood as a requirement of a theory justice rather than state action.8 There are also differences about whether neutral states (or theories.. (shrink)

Should government be neutral "on the question of the good life, or of what gives value to life"?1 Some political theorists propose that governmental neutrality is a core commitment of any liberalism worth the name and a requirement of justice. For them, neutrality is the appropriate generalization of the ideal of religious tolerance. The state should be neutral in matters of religion, and neutral also in all controversies concerning the nature of the good or the ways in which it is (...) valuable and worthwhile to live. (shrink)