This book explores the relationship between democracy and republicanism, and its consequences; and articulates new theoretical insights into connections between liberty, law and democratic politics.

An esteemed philosopher discusses his theory of universal freedom, describing how even those who are members of free societies may find their liberties curtailed and includes tests of freedom including the eyeball test and the tough-luck test.

Though the revised edition of A Theory of Justice, published in 1999, is the definitive statement of Rawls's view, so much of the extensive literature on Rawls's theory refers to the first edition. This reissue makes the first edition once again available for scholars and serious students of Rawls's work.

In this paper I focus on how far the republican ideal of freedom as non-domination can and should command allegiance across different cultures. Is the ideal bound to western culture, as its provenance may suggest? Or does it have a hold on the human imagination and sensibility that survives across various cultural and historical divides? I argue, in a deeply unfashionable vein,that it does command a form of universal allegiance. Or, to be more exact, I argue that freedom as non-domination (...) has this status in its role as an ideal of social justice. Reasons of space make it impossible to extend the argument to its role as an ideal of political and international justice —as an ideal of democracy and sovereignty —but the considerations I muster should make clear how that argument would go. (shrink)

_Contexts of Justice,_ highly acclaimed when it was published in Germany, provides a significant new intervention into the important debate between communitarianism and liberalism. Rainer Forst argues for a theory of "contexts of justice" that leads beyond the narrow confines of this debate as it has been understood until now and posits the possibility of a new conception of social and political justice. This book brings refreshing clarity to a complex topic as it provides a synthesis of traditions and theories (...) that leads to a truly original approach. Forst makes a four-part distinction to decipher the debate between communitarianism and liberalism. These four parts concern the constitution of the self, the neutrality of law, the ethos of democracy, and the opposition between universalism and contextualism. He shows that a comprehensive theory of justice needs to take these different contexts adequately into account. He discusses recent debates about discursive democracy and feminist critiques of liberalism, and addresses such topics as multiculturalism and civil society. (shrink)

The Machiavellian Moment is a classic study of the consequences for modern historical and social consciousness of the ideal of the classical republic revived by Machiavelli and other thinkers of Renaissance Italy. J.G.A. Pocock suggests that Machiavelli's prime emphasis was on the moment in which the republic confronts the problem of its own instability in time, and which he calls the "Machiavellian moment." After examining this problem in the thought of Machiavelli, Guicciardini, and Giannotti, Pocock turns to the revival of (...) republican thought in Puritan England and in Revolutionary and Federalist America. He argues that the American Revolution can be considered the last great act of civic humanism of the Renaissance. He relates the origins of modern historicism to the clash between civic, Christian, and commercial values in the thought of the eighteenth century. (shrink)

Williams did not think of political problems as a mere adjunct to ethical questions. He believed that there can be no timeless justification of political power, which he takes Kant and Rawls to aim at. Likewise, liberalism ignores that legitimation depends on historical circumstances. Williams’s historical relativism comes hand in hand with a realism that makes him object to utopian theories. To him, political projects are “essentially conditioned, not just in their background intellectual conditions but as a matter of empirical (...) realism, by their historical circumstances.”. (shrink)

This article provides a conceptual map of the debate on ideal and non‐ideal theory. It argues that this debate encompasses a number of different questions, which have not been kept sufficiently separate in the literature. In particular, the article distinguishes between the following three interpretations of the ‘ideal vs. non‐ideal theory’ contrast: (i) full compliance vs. partial compliance theory; (ii) utopian vs. realistic theory; (iii) end‐state vs. transitional theory. The article advances critical reflections on each of these sub‐debates, and highlights (...) areas for future research in the field. (shrink)

Neuroscience has been proposed for use in the legal system for purposes of mind reading, assessment of responsibility, and prediction of misconduct. Each of these uses has both promises and perils, and each raises issues regarding the admissibility of neuroscientific evidence.

Many of us feel internally conflicted in the face of certain normative claims that make infeasible demands: say, normative claims that demand that agents do what, given deeply entrenched objectionable character traits, they cannot bring themselves to do. On the one hand, such claims may seem false on account of demanding the infeasible, and insisting otherwise may seem to amount to objectionable unworldliness – to chasing “pies in the sky.” On the other hand, such claims may seem true in spite (...) of making infeasible demands, and insisting otherwise may seem to amount to treating the agents in question with undue lenience – to mistakenly letting them “off the hook.” What is going on? One possibility is that we are making a mistake. I explore the alternative hypothesis that our ambivalent reactions, far from involving any mistake, are entirely consistent and appropriate. Rather than some single privileged ought such that the idea that “ought” implies “feasible” is either true or false, there are simply different oughts that are supposed to be capable of operating in the service of, and playing distinct roles associated with, what I shall call different core normative practices. In particular, there is a) some salient core practice-serving ought for which it’s true that “ought” implies “feasible” and b) some other salient core practice-serving ought for which it’s false that “ought” implies “feasible.” I sketch a framework for understanding different core practice-serving oughts in general and then use this framework to consider which particular core practice-serving oughts might be capable of vindicating our ambivalence. I begin by considering and rejecting a prevalent and prima facie promising account according to which the relevant oughts are the prescriptive ought and the evaluative ought. I then propose a different account that holds that the oughts we need are instead the deliberative ought and the hypological ought. (shrink)

And in this book the distinguished scholar Amartya Sen offers a powerful critique of the theory of social justice that, in its grip on social and political ...

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)

The long republican tradition is characterized by a conception of freedom as non‐domination, which offers an alternative, both to the negative view of freedom as non‐interference and to the positive view of freedom as self‐mastery. The first part of the book traces the rise and decline of the conception, displays its many attractions and makes a case for why it should still be regarded as a central political ideal. The second part of the book looks at the sorts of political (...) and civil institutions that would be required in a society in which freedom as non‐domination is systematically fostered. It outlines the causes and policies, the constitutional and democratic forms, and the regulatory controls that a republican state ought to endorse. And it argues for a vision of the state's relation to civil society in which there is no pretence of doing without widespread civility and trust; the argument is that the state ought, at once, to foster and build on such extra‐political foundations. (shrink)

A new approach to sentencing Not Just Deserts inaugurates a radical shift in the research agenda of criminology. The authors attack currently fashionable retributivist theories of punishment, arguing that the criminal justice system is so integrated that sentencing policy has to be considered in the system-wide context. They offer a comprehensive theory of criminal justice which draws on a philosophical view of the good and the right, and which points the way to practical intervention in the real world of incremental (...) reform. They put the case for a criminal justice system which maximizes freedom in the old republican sense of the term, and which they call `dominion'. (shrink)

How did the value of freedom become so closely associated with the institution of the market? Why did the idea of market freedom hold so little appeal before the modern period and how can we explain its rise to dominance? In The Invention of Market Freedom, Eric MacGilvray addresses these questions by contrasting the market conception of freedom with the republican view that it displaced. After analyzing the ethical core and exploring the conceptual complexity of republican freedom, MacGilvray shows how (...) this way of thinking was confronted with, altered in response to, and finally overcome by the rise of modern market societies. By learning to see market freedom as something that was invented, we can become more alert to the ways in which the appeal to freedom shapes and distorts our thinking about politics. (shrink)

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

Political judgment in its historical context -- The politics of managing decline -- Moralism and realpolitik -- On the very idea of a metaphysics of right -- The actual and another modernity : order and imagination in Don Quixote -- Culture as ideal and as boundary -- On museums -- Celan's Meridian -- Heidegger and his brother -- Richard Rorty at Princeton : personal recollections -- Melody as death -- On bourgeois philosophy and the concept of "criticism".

In politics, utopians do not have a monopoly on imagination. Even the most conservative defenses of the status quo, Raymond Geuss argues, require imaginative acts of some kind. In this collection of recent essays, including his most overtly political writing yet, Geuss explores the role of imagination in politics, particularly how imaginative constructs interact with political reality. He uses decisions about the war in Iraq to explore the peculiar ways in which politicians can be deluded and citizens can misunderstand their (...) leaders. He also examines critically what he sees as one of the most serious delusions of western political thinking--the idea that a human society is always best conceived as a closed system obeying fixed rules. And, in essays on Don Quixote, museums, Celan's poetry, Heidegger's brother Fritz, Richard Rorty, and bourgeois philosophy, Geuss reflects on how cultural artifacts can lead us to embrace or reject conventional assumptions about the world. While paying particular attention to the relative political roles played by rule-following, utilitarian calculations of interest, and aspirations to lead a collective life of a certain kind, Geuss discusses a wide range of related issues, including the distance critics need from their political systems, the extent to which history can enlighten politics, and the possibility of utopian thinking in a world in which action retains its urgency. (shrink)

"Raymond Geuss is a major voice in contemporary philosophy, and this book will enhance his stature even further. Containing some of his best pieces so far, "Outside Ethics" reveals his impressive range as well as the depth of his thought.

Outside Ethics brings together some of the most important and provocative works by one of the most creative philosophers writing today. Seeking to expand the scope of contemporary moral and political philosophy, Raymond Geuss here presents essays bound by a shared skepticism about a particular way of thinking about what is important in human life--a way of thinking that, in his view, is characteristic of contemporary Western societies and isolates three broad categories of things as important: subjective individual preferences, knowledge, (...) and restrictions on actions that affect other people. He sets these categories in a wider context and explores various human phenomena--including poetry, art, religion, and certain kinds of history and social criticism--that do not fit easily into these categories. As its title suggests, this book seeks a place outside conventional ethics.Following a brief introduction, Geuss sets out his main concerns with a focus on ethics and politics. He then expands these themes by discussing freedom, virtue, the good life, and happiness. Next he examines Theodor Adorno's views on the relation between suffering and knowledge, the nature of religion, and the role of history in giving us critical distances from existing identities. From here he moves to aesthetic concerns. The volume closes by looking at what it is for a human life to have "gaps"--to be incomplete, radically unsatisfactory, or a failure. (shrink)

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 this stimulating work of political philosophy, acclaimed philosopher G. A. Cohen sets out to rescue the egalitarian thesis that in a society in which distributive justice prevails, peopleâes material prospects are roughly equal. Arguing against the Rawlsian version of a just society, Cohen demonstrates that distributive justice does not tolerate deep inequality. In the course of providing a deep and sophisticated critique of Rawlsâes theory of justice, Cohen demonstrates that questions of distributive justice arise not only for the state (...) but also for people in their daily lives. The right rules for the macro scale of public institutions and policies also apply, with suitable adjustments, to the micro level of individual decision-making. Cohen also charges Rawlsâes constructivism with systematically conflating the concept of justice with other concepts. Within the Rawlsian architectonic, justice is not distinguished either from other values or from optimal rules of social regulation. The elimination of those conflations brings justice closer to equality. (shrink)

Recent claims that civic republicanism can better address contemporary political problems than either liberalism or communitarianism are generating an intense debate. This is a sharp insight into this debate, confronting normative theory with historical and comparative analysis. It examines whether republican theory can address contemporary political problems in ways that are both valuable and significantly different in practice from liberalism. These expert authors offer contrasting perspectives on issues raised by the contemporary revival of republicanism and adopt a variety of methodological (...) approaches to address the practical implications of republican thought within a coherent thematic framework. This book also *clarifies core themes and contested areas of republican thought, especially the notion of liberty, the specific political institutions needed to realize it, and the nature of solidarity among citizens. * shows how republicanism continued to influence the development of liberal thought in nineteenth century Britain * examines the development of alternative republican discourses, including the established political practice and ideology of the French republican tradition * applies republican perspectives to contemporary political concerns such as the creation of social trust and the expansion of public accountability * explores the implications of republican theory for policy areas including houses, education and marriage in diverse multicultural societies This book will be of great interest to researchers and students studying republicanism in political science history, social policy and education. In addition, it is a valuable resource for those concerned with citizenship, democratic theory, multiculturalism, nationalism and patriotism, and politics beyond the nation-state. (shrink)

Richard Price (1723-1791) was an eminent Welsh philosopher and Dissenting Minister. His political pamphlets won him considerable fame in the eighteenth century as a supporter of the American rebels in their struggle for independence, and for the enthusiasm with which he greeted the opening events of the French Revolution. It was this enthusiasm that provoked Edmund Burke into writing "Reflections on the Revolution of France." Price is noteworthy as a defender of freedom of thought (especially on religious matters), as a (...) proponent of parliamentary reform, and as an advocate of a minimalist conception of government. He espoused the doctrine of natural rights and the principle of self-government. This book is a collection of Price's most important pamphlets of the period 1759-1789, and is accompanied by a comprehensive introduction putting Price's work in context, complete bibliographical material, a chronology, and bibliographic notes on persons mentioned in the texts. (shrink)

The first comprehensive analysis of the philosophical issues raised by the hijab controversy in France, this book also conducts a dialogue between contemporary Anglo-American and French political theory and defends a progressive republican solution to so-called multicultural conflicts in contemporary societies. It critically assesses the official republican philosophy of laïcité which purported to justify the 2004 ban on religious signs in schools. Laïcité is shown to encompass a comprehensive theory of republican citizenship, centered on three ideals: equality (secular neutrality of (...) the public sphere), liberty (individual autonomy and emancipation) and fraternity (civic loyalty to the community of citizens). Challenging official interpretations of laïcité, the book then puts forward a critical republicanism which does not support the hijab ban, yet upholds a revised interpretation of three central republican commitments: secularism, non-domination and civic solidarity. Thus, it articulates a version of secularism which squarely addresses the problem of status quo bias - the fact that Western societies are historically not neutral towards all religions. It also defends a vision of female emancipation which rejects the coercive paternalism inherent in the regulation of religious dress, yet does not leave individuals unaided in the face of religious and secular, patriarchal and ethnocentric domination. Finally, the book outlines a theory of immigrant integration which places the burden of civic integration on basic socio-political institutions, rather than on citizens themselves. Critical republicanism proposes an entirely new approach to the management of religious and cultural pluralism, centred on the pursuit of the progressive ideal of non-domination in existing, non-ideal societies. (shrink)

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)

Democracy is not naturally plausible. Why turn such important matters over to masses of people who have no expertise? Many theories of democracy answer by appealing to the intrinsic value of democratic procedure, leaving aside whether it makes good decisions. In Democratic Authority, David Estlund offers a groundbreaking alternative based on the idea that democratic authority and legitimacy must depend partly on democracy's tendency to make good decisions.Just as with verdicts in jury trials, Estlund argues, the authority and legitimacy of (...) a political decision does not depend on the particular decision being good or correct. But the "epistemic value" of the procedure--the degree to which it can generally be accepted as tending toward a good decision--is nevertheless crucial. Yet if good decisions were all that mattered, one might wonder why those who know best shouldn't simply rule.Estlund's theory--which he calls "epistemic proceduralism"--avoids epistocracy, or the rule of those who know. He argues that while some few people probably do know best, this can be used in political justification only if their expertise is acceptable from all reasonable points of view. If we seek the best epistemic arrangement in this respect, it will be recognizably democratic--with laws and policies actually authorized by the people subject to them. (shrink)

In Between Facts and Norms, Jürgen Habermas works out the legal and political implications of his Theory of Communicative Action (1981), bringing to fruition the project announced with his publication of The Structural Transformation of the Public Sphere in 1962. This new work is a major contribution to recent debates on the rule of law and the possibilities of democracy in postindustrial societies, but it is much more. The introduction by William Rehg succinctly captures the special nature of the work, (...) noting that it offers a sweeping, sociologically informed conceptualization of law and basic rights, a normative account of the rule of law and the constitutional state, an attempt to bridge normative and empirical approaches to democracy, and an account of the social context required for democracy. Finally, the work frames and caps these arguments with a bold proposal for a new paradigm of law that goes beyond the dichotomies that have afflicted modern political theory from its inception and that still underlie current controversies between so-called liberals and civic republicans. The book includes a postscript written in 1994, which restates the argument in light of its initial reception, and two appendixes, which cover key developments that preceded the book. Habermas himself was actively involved in the translation, adapting the text as necessary to make it more accessible to English-speaking readers. (shrink)

Today democracy is both exalted as the "best means to realize human rights" and seen as weakened because of globalization and delegation of authority beyond the nation-state. In this provocative book, James Bohman argues that democracies face a period of renewal and transformation and that democracy itself needs redefinition according to a new transnational ideal. Democracy, he writes, should be rethought in the plural; it should no longer be understood as rule by the people, singular, with a specific territorial identification (...) and connotation, but as rule by peoples, across national boundaries. Bohman shows that this new conception of transnational democracy requires reexamination of such fundamental ideas as the people, the public, citizenship, human rights, and federalism, and he argues that it offers a feasible approach to realizing democracy in a globalized world.In his account, Bohman establishes the conceptual foundations of transnational democracy by examining in detail current theories of democracy beyond the nation-state and offers a deliberative alternative. He considers the importance of communicative freedom in the transnational public sphere, human rights as the normative basis of transnational democracy, and the European Union as a transnational polity. Finally, he examines the relationship between peace and democracy, concluding that peace requires democratization on interacting state and suprastate levels. (shrink)

In response to the dominance of liberalism, some theorists have recently embraced the republican model as an attractive alternative. The overriding appeal of these moves seems to be the robust emphasis that forms of republicanism place on citizenship and civic virtue in light of what many commentators see as a decline in the social nature of modern politics. However, many of these discussions about republicanism are inconsistent and fail to capture the essence of a classical republican theory for today's complex (...) modern world. The result is that the ideals and values of classical republicanism have become diluted and misappropriated as they are utilized by both philosophers and politicians without a clear and consistent sense of their historical pedigree and their relevance to the contemporary world. Republicanism in the Modern World develops and extends the theoretical implications of a distinctive republican conception of liberty as non-domination. Building on the recent work of Quentin Skinner and Philip Pettit, Maynor explores the complex interdependent relationship between liberty as non-domination and conflict, citizenship, and civic virtue to develop a modern theory of republicanism. Maynor argues that modern republicanism, inspired and informed by classical versions, can be the basis for a renewed effort to rejuvenate the political ideals and institutions of the modern democratic nation-state. This book will be invaluable to students and scholars in politics, political philosophy and international relations. (shrink)

Judicial review by constitutional courts is often presented as a necessary supplement to democracy. This book questions its effectiveness and legitimacy. Drawing on the republican tradition, Richard Bellamy argues that the democratic mechanisms of open elections between competing parties and decision-making by majority rule offer superior and sufficient methods for upholding rights and the rule of law. The absence of popular accountability renders judicial review a form of arbitrary rule which lacks the incentive structure democracy provides to ensure rulers treat (...) the ruled with equal concern and respect. Rights based judicial review undermines the constitutionality of democracy. Its counter-majoritarian bias promotes privileged against unprivileged minorities, while its legalism and focus on individual cases distort public debate. Rather than constraining democracy with written constitutions and greater judicial oversight, attention should be paid to improving democratic processes through such measures as reformed electoral systems and enhanced parliamentary scrutiny. (shrink)