This chapter contains sections titled: Jurisprudential Methodology Legal Indeterminacy Descriptive Theory of Adjudication The Attack on Formalism Normative Theory of Adjudication Other Themes from Realism References.

Should religion be singled out in the law? This Article evaluates two influential theories of freedom of religion in political theory, before introducing an alternative one. The first approach, the Substitution approach, argues that freedom of religion can be adequately expressed by a substitute category: typically, freedom of conscience. The second, the Proxy approach, argues that the notion of religion should be upheld in the law, albeit as a proxy for a range of different goods. After showing that neither approach (...) adequately meets crucial desiderata for an inclusive theory of religious freedom, the Article sets out the Disaggregation approach and defends against the alternatives. (shrink)

Liberal societies conventionally treat religion as unique under the law, requiring both special protection and special containment. But recently this idea that religion requires a legal exception has come under fire from those who argue that religion is no different from any other conception of the good, and the state should treat all such conceptions according to principles of neutrality and equal liberty. Cécile Laborde agrees with much of this liberal egalitarian critique, but she argues that a simple analogy between (...) the good and religion misrepresents the complex relationships among religion, law, and the state. Religion serves as more than a statement of belief about what is true, or a code of moral and ethical conduct. It also refers to comprehensive ways of life, political theories of justice, modes of voluntary association, and vulnerable collective identities. Disaggregating religion into its various dimensions, as Laborde does, has two clear advantages. First, it shows greater respect for ethical and social pluralism by ensuring that whatever treatment religion receives from the law, it receives because of features that it shares with nonreligious beliefs, conceptions, and identities. Second, it dispenses with the Western, Christian-inflected conception of religion that liberal political theory relies on, especially in dealing with the issue of separation between religion and state. As a result, Liberalism's Religion offers a novel answer to the question: Can Western theories of secularism and religion be applied more universally in non-Western societies?--. (shrink)

Political realism is characterised by fidelity to the facts of politics and a refusal to derive political judgments from pre- political moral commitments. Even when they are not taken to make normative theorising impossible or futile, those characteristics are often thought to engender a conservative slant, or at least a tendency to prefer incremental reformism to radicalism. I resist those claims by distinguishing between three variants of realism—ordorealism, contextual realism, and radical realism—and contrasting them with both non-ideal theory and utopianism. (...) I then develop a version of radical realism as a form of debunking and vindicatory genealogy. Even though this new approach eschews both feasibility constraints (unlike non-ideal theory) and prescriptions about the ideal society (unlike utopianism), I show how it has more radical potential than morality-driven (and hence often ideological) political theory, and how it supports both open-ended, radical social critique and concrete forms of prefigurative political action. (shrink)

In this rejoinder to Erman and Möller’s reply to our “Political Norms and Moral Values” we clarify the sense in which there can be specifically political values, and expound the practice-dependent notion of legitimacy adopted by our preferred version of political realism.

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.

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)

In light of recent interest among political theorists in the idea of political realism, Judith Shklar’s liberalism of fear has come to be associated with anti-Rawlsian thought. This paper seeks to show that, on the contrary, Shklar’s specific formulation of political realism, unlike more recent variations, was not motivated by a critique of Rawls. This paper will address three concerns: first, it will show what exactly Shklar’s initial realism was responding to; second, it will consider the implications of this realism (...) for thinking about liberal democracies; third, it will attempt, briefly, in light of this, to make sense of her relationship with Rawls and, in turn, through a comparison with Bernard Williams’s thought, her relationship to anti-Rawlsian political realism. (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)

In what sense are persons equal, such that it is appropriate to treat them as equals? This difficult question has been strangely neglected by political philosophers. A plausible answer can be found by adopting a particular interpretation of the idea of respect. Central to this interpretation is the thought that in order to respect persons we need to treat them as ‘opaque', paying attention only to their outward features as agents. This proposed basis of equality has important implications for the (...) currency of egalitarian justice, ruling out a number of the equalizanda favored by contemporary egalitarians. (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)

The Protestant conception of religion as a private matter of conscience organized into voluntary associations informed early liberalism's conception of religion and of religious toleration, assumptions that are still present in contemporary liberalism. In many other religions, however, including Hinduism (the main though not only focus of this article), practice has a much larger role than conscience. Hinduism is not a voluntary association, and the structure of its practices, some of which are inegalitarian, makes exit very difficult. This makes liberal (...) religious toleration an awkward fit for Hinduism; granting religious toleration in India undermines equality and autonomy in severe ways. Yet Hinduism is not without its virtues, and has historically been what I call externally tolerant-it has been relatively tolerant of other religions. Liberal toleration, by contrast, is internally tolerant-it is tolerant of religions that fit the Protestant model, while its tolerance of others is considerably more qualified. I briefly speculate at the end of the article about how to combine these two models of toleration. (shrink)

What, if anything, can realism say about the normative conditions of political legitimacy? Must a realist political theory accept that the ability to successfully employ coercive power is equivalent to the right to rule, or can it incorporate normative criteria for legitimacy but without collapsing into a form of moralism? While several critics argue that realism fails to adequately differentiate itself from moralism or that it cannot coherently appeal to normative values so as to distinguish might from right, this article (...) seeks to help develop a realist account of legitimacy by demonstrating how it can successfully and stably occupy this position between moralism and Realpolitik. Through this discussion, however, the article also argues that political rule necessitates the use of coercive power which is (at best) imperfectly legitimated, and that this blurs the distinction between politics and successful domination which lies at the heart of many recent accounts of political realism. In at least this sense, realism retains important and under-acknowledged affinities to Realpolitik. (shrink)

In this paper I argue that equal respect-based accounts of the normative basis of tolerance are self-defeating, insofar as they are unable to specify the limits of tolerance in a way that is consistent with their own commitment to the equal treatment of all conceptions of the good. I show how this argument is a variant of the long-standing ‘conflict of freedoms’ objection to Kantian-inspired, freedom-based accounts of the justification of systems of norms. I criticize Thomas Scanlon’s defence of ‘pure (...) tolerance’, Anna Elisabetta Galeotti’s work on the relationship between tolerance, equal respect and recognition, and Arthur Ripstein’s recent response to the ‘conflict of freedoms’ objection. The upshot of my argument is that, while valuing tolerance for its own sake may be an appealing ideal, it is not a feasible way of grounding a system of norms. I close with a thumbnail sketch of two alternative, instrumental (i.e. non-Kantian) approaches to the normative foundations of tolerance. (shrink)

One of the more debated topics in the recent realist literature concerns the compatibility of realism and utopianism. Perhaps the greatest challenge to utopian political thought comes from Bernard Williams' realism, which argues, among other things, that political values should be subject to what he calls the ‘realism constraint’, which rules out utopian arguments based on values which cannot be offered by the state as unrealistic and therefore inadmissible. This article challenges that conclusion in two ways. First, it argues that (...) the rationale for accepting Williams' original argument for the ‘realism constraint’ fails. Secondly, it argues that there is at least one genuinely political value of liberty available which is both compatible with realism and something that cannot be offered by the state, namely that of the political anarchist. This opens the way for far more ambitious and utopian forms of realist political thought and implies that the arguments of what we call political anarchists must be met by political argumentation, not simply ruled out by methodological stipulation. (shrink)

The Practical Turn in Political Theory sounds like the monograph political theorists have been waiting for – a monograph that identifies ‘practices’ as a uniting theme that runs through several recently influential debates on non-ideal theory, practice dependence, realism and pragmatist theories of legitimacy and democracy, and then discusses the promise and limits of this uniting theme for the future of political theory. However, The Practical Turn is driven by selective portrayals, omissions and misrepresentation, and hence is not a good (...) source to turn to for understanding the debates it surveys or whether they manifest a ‘practical turn in political theory’ or not; rather, it serves as a warning of how struggles over power can influence and even structure seemingly the most purely intentioned of practices. (shrink)

Cécile Laborde has argued that the freedom we think of as ‘freedom of religion’ should be understood as a bundle of separate and relatively independent freedoms. I criticise that approach by pointing out that it is insufficiently sensitive to facts about the sorts of entities that liberal states are. I argue that states have good reasons to mould phenomena such as religion into easily governable monoliths. If this is a problem from the normative point of view, it is not due (...) to descriptively inadequate accounts of religion, but a problem with a lack of realism about the sort of institutions states are. My conclusion is a three-way disjunction: either one must reckon with liberal states’ historically determined limitations in the management of changing social phenomena, or one should direct one’s frustration at the marriage of liberalism and the state, or the very existence of states is normatively problematic. (shrink)

An analysis of Islamist cultural politics through the ethnography of a thriving, grassroots women's piety movement in the mosques of Cairo, Egypt. Unlike those organized Islamist activities that seek to seize or transform the state, this is a moral reform movement whose orthodox practices are commonly viewed as inconsequential to Egypt's political landscape. The author's exposition of these practices challenges this assumption by showing how the ethical and the political are linked within the context of such movements.

Most contemporary political philosophers take justice—rather than legitimacy—to be the fundamental virtue of political institutions vis-à-vis the challenges of ethical diversity. Justice-driven theorists are primarily concerned with finding mutually acceptable terms to arbitrate the claims of conflicting individuals and groups. Legitimacy-driven theorists, instead, focus on the conditions under which those exercising political authority on an ethically heterogeneous polity are entitled to do so. But what difference would it make to the management of ethical diversity in liberal democratic societies if legitimacy (...) were prior to or independent from justice? -/- This question identifies a widely underexplored issue whose theoretical salience shows how the understanding of what constitutes the primary question of political philosophy has a deep impact on how practical political questions are interpreted and addressed. What difference would it make, for example, whether the difficulties concerning the safeguard of human rights were couched in terms of the justice or of the legitimacy of the documents and treaties sanctioning their implementation. How should the issue of the quality of democracies be addressed whether one assigned priority to the justice or legitimacy of democratic institutions? Addressing these and other topical questions, the book offers a new theoretical angle from which to consider a number of pressing social and political issues. (shrink)

This extensive work explores the changing world of religions, faiths and practices. It discusses a broad range of issues and phenomena that are related to religion, including nature, ethics, secularization, gender and identity. Broadening the context, it studies the interrelation between religion and other fields, including education, business, economics and law. The book presents a vast array of examples to illustrate the changes that have taken place and have led to a new world map of religions. Beginning with an introduction (...) of the concept of the "changing world religion map", the book first focuses on nature, ethics and the environment. It examines humankind's eternal search for the sacred, and discusses the emergence of "green" religion as a theme that cuts across many faiths. Next, the book turns to the theme of the pilgrimage, illustrated by many examples from all parts of the world. In its discussion of the interrelation between religion and education, it looks at the role of missionary movements. It explains the relationship between religion, business, economics and law by means of a discussion of legal and moral frameworks, and the financial and business issues of religious organizations. The next part of the book explores the many "new faces" that are part of the religious landscape and culture of the Global North (Europe, Russia, Australia and New Zealand, the U.S. and Canada) and the Global South (Latin America, Africa and Asia). It does so by looking at specific population movements, diasporas, and the impact of globalization. The volume next turns to secularization as both a phenomenon occurring in the Global religious North, and as an emerging and distinguishing feature in the metropolitan, cosmopolitan and gateway cities and regions in the Global South. The final part of the book explores the changing world of religion in regards to gender and identity issues, the political/religious nexus, and the new worlds associated with the virtual technologies and visual media. (shrink)