Attempting to settle various debates from recent literature regarding its precise nature, I offer a detailed conceptual analysis of toleration. I begin by isolating toleration from other notions; this provides us some guidance by introducing the eight definitional conditions of toleration that I then explicate and defend. Together, these eight conditions indicate that toleration is an agent’s intentional and principled refraining from interfering with an opposed other (or their behavior, etc.) in situations of diversity, where the agent believes she has (...) the power to interfere. This non-normative definition can serve as a preliminary to normative discussions of toleration. (shrink)

Contemporary philosophical debates surrounding toleration have revolved around three issues: What is toleration? Should we tolerate and, if so, why? What should be tolerated? These questions are of central importance to social and political thought.

Two normative principles of toleration are offered, one individual-regarding, the other group-regarding. The first is John Stuart Mill’s harm principle; the other is “Principle T,” meant to be the harm principle writ large. It is argued that the state should tolerate autonomous sacrifices of autonomy, including instances where an individual rationally chooses to be enslaved, lobotomized, or killed. Consistent with that, it is argued that the state should tolerate internal restrictions within minority groups even where these prevent autonomy promotion of (...) members of the group. Finally, it is argued that toleration excludes external protections of minority groups. (shrink)

Hugh LaFollette proposed parental licensing in 1980 (and 2010)--not as a requirement for pregnancy, but for raising a child. If you have a baby, are not licensed, and do not get licensed, the baby would be put up for adoption. Despite the intervention required in an extremely personal area of life, I argue that those who endorse the harm principle ought to endorse parental licensing of this sort. Put differently, I show how the harm principle strengthens the case for parental (...) licensing. (shrink)

Critics of liberalism in the past two decades have argued that the fact that we are necessarily "situated" or "embedded" means that we can not always choose our own ends (for example, our conceptions of the good or our loyalties to others). Some suggest that we simply discover ourselves with these "connections." If correct, this would argue against (Rawlsian) hypothetical contract models and liberalism more broadly, make true impartiality impossible, and give support to traditionalist views like those of Alasdair MacIntyre, (...) Charles Taylor, and Michael Sandel. These same critics argue that liberalism's rejection or neglect of this supposed fact of our moral life has pernicious anti-social affects. I argue that the critics are wrong in both cases, defending what I call "strong voluntarism." In contrast both to recent critics of liberalism and the dominant trend in recent liberal thought, my defense of strong voluntarism allows that we can always choose to accept or reject any end we happen to have but that this does not lead to any pernicious anti-social effects. (shrink)

Communitarians like Alasdair MacIntyre, Charles Taylor, and Michael Sandel, defend what we may call the ‘social constitution thesis.’ This is the view that participation in society makes us what we are. This claim, however, is ambiguous. In an attempt to shed some light on it and to better understand the impact its truth would have on our beliefs regarding autonomy, I offer four possible ways it could be understood and four corresponding senses of individual independence and autonomy. I also indicate (...) what senses liberals can accept that we are socially constituted and in what sense I take communitarians to argue we are socially constituted. (shrink)

We explain libertarian thought about family and children, including controversial issues in need of serious attention. To begin our discussion of marriage, we distinguish between procedural and substantive contractarian approaches to marriage, each endorsed by various libertarians. Advocates of both approaches agree that it is a contract that makes a marriage, not a license, but disagree about whether there are moral limits to the substance of the contract with only advocates of the substantive approach accepting such. Either approach, though, offers (...) advantages over the current licensing system, so we discuss paths from that to a contractarian system. We also discuss the concept of marriage itself, the ages of consent for marriage, sexual activity, and reproduction, as well as how marriages can be dissolved, and coercion that sometimes occurs in marriage. We then turn to children. We first discuss reproductive freedom and then discuss the moral relationship between children and parents, especially considering stewardship, propertarian, and best interests approaches (we also touch on anti-natalism). One of the biggest issues facing parents is how to properly raise and educate children; we discuss this in depth and consider the sort of schooling that should be offered in a free society. Since children lack the requisite ability to consent, they cannot choose their education; how to respond to this is of the utmost importance for libertarians. As we note, the same issue of consent looms large for many forms medical treatment of children. (shrink)

We explain libertarian thought about family and children, including controversial issues in need of serious attention. To begin our discussion of marriage, we distinguish between procedural and substantive contractarian approaches to marriage, each endorsed by various libertarians. Advocates of both approaches agree that it is a contract that makes a marriage, not a license, but disagree about whether there are moral limits to the substance of the contract with only advocates of the substantive approach accepting such. Either approach, though, offers (...) advantages over the current licensing system, so we discuss paths from that to a contractarian system. We also discuss the concept of marriage itself, the ages of consent for marriage, sexual activity, and reproduction, as well as how marriages can be dissolved, and coercion that sometimes occurs in marriage. We then turn to children. We first discuss reproductive freedom and then discuss the moral relationship between children and parents, especially considering stewardship, propertarian, and best interests approaches (we also touch on anti-natalism). One of the biggest issues facing parents is how to properly raise and educate children; we discuss this in depth and consider the sort of schooling that should be offered in a free society. Since children lack the requisite ability to consent, they cannot choose their education; how to respond to this is of the utmost importance for libertarians. As we note, the same issue of consent looms large for many forms medical treatment of children. (shrink)

Liberalism, historically, is closely associated with increased toleration, so it is unsurprising that a variety of contemporary authors (Hampton, Kukathas, Barry, Ten) consider toleration to be “the substantive heart of liberalism” (Hampton 1989, 802). The precise role of toleration in liberalism, though, is unclear; different liberals have different views. In this essay, I will discuss three sorts of liberal theories and indicate how they approach questions of toleration, arguing that one of them supports toleration of more sorts of activities (including (...) speech acts and lifestyles) than the others. While I think this is reason to favor that sort of theory, I will not defend that claim. Some reasonably think (and defend the view) that though toleration is of value, its limits should be drawn more narrowly. (shrink)

The basic idea of this essay is that it is a mistake to deny the existence of psychological harms or that such harms may justify limiting certain sorts of speech acts in certain sorts of circumstances, but that such circumstances are not part of the paradigmatic college environment.

We live in a market system with much economic inequality. This may not be an essential characteristic of market systems but seems historically inevitable. How we should evaluate it, on the other hand, is contentious. I propose that bleeding heart libertarianism provides the best diagnosis and prescription.

We live in a market system and witness much economic inequality. Although such inequality may not be an essential characteristic of market systems, it seems historically inevitable. How we should evaluate this inequality, on the other hand, is contentious. I propose that bleeding heart libertarians provide the best diagnosis and prescription.

In this paper, I first argue that waste is best understood as (a) any process wherein something useful becomes less useful and that produces less benefit than is lost—where benefit and usefulness are understood with reference to the same metric—or (b) the result of such a process. I next argue for the immorality of waste. My concluding suggestions are that (W1) if one person needs something for her preservation and a second person has it, is avoidably wasting it, and refuses (...) to allow the first to make some greater use of it, the second may be morally wrong and that (W2) if one person needs something for her preservation understood according to her metric and a second person has it, is avoidably wasting it according to his own metric, and refuses to allow the first to make some greater use of it, the second is morally wrong. (shrink)

In this paper, I defend what may seem a surprising view: that John Stuart Mill’s famous harm principle would, if taken to be what justifies government action, disallow the existence of corporations. My claim is not that harmful activities of currently existing corporations warrants their losing corporate status according to the harm principle. The claim, rather, is that taken strictly, the harm principle and the legal possibility of incorporation are mutually exclusive. This view may be surprising—and I do not at (...) all mean to attribute it to Mill—but if I am right, it should be obvious. It should also encourage us to think more about the nature of the markets within which business occurs. (shrink)

I defend a neo-Kantian view wherein we are capable of being completely autonomous and impartial and argue that this ability can ground normativity. As this view includes an existentialist conception of the self, I defend radical choice, a primary component of that conception, against arguments many take to be definitive. I call the ability to use radical choice “existentialist voluntarism” and bring it into a current debate in normative philosophy, arguing that it allows that we can be distanced from all (...) ends at once so as to be completely impartial. Finally, I indicate how this can be the source of normativity as it provides a purely impartial reason for being rational. (shrink)

I aim in this paper to provide defense of one way to look at what should be regulated in the market place. In particular, I discuss what should be tolerated and argue against corporate welfare. I begin by endorsing John Stuart Mill’s harm principle as a normative principle of toleration. I call strict commitment to the harm principle when considering the regulatory structure of markets market libertarianism and oppose that to promotionism, the view that endorses government interference to promote business (...) interests. I next discuss the widespread use of promotionist policies, arguing against them and for market libertarianism. I also consider problems for my view, recognizing that one of my responses may leave some thinking the paper is a reductio of the market libertarian view because of the sort of slow-growth state it endorses. Others will recognize it as a view promoted by some of the U.S. founding fathers and find it attractive in its own right. (shrink)

Whether Social Media Companies (hereafter, SMCs) such as Twitter and Facebook limit speech is an empirical question. No one disputes that they do. Whether they “censor” speech is a conceptual question, the answer to which is a matter of dispute. Whether they may do so is a moral question, also a matter of dispute. We address both of these latter questions and hope to illuminate whether it is morally permissible for SMCs to restrict speech on their platforms. This could be (...) part of a larger argument, when we do not explicitly offer here, that states ought not to forbid SMCs from censoring. We do not focus on legal statutes or precedent. We argue that nonstate actors can (as a conceptual matter) and may (as a moral matter) impede the freedoms of others to express themselves. That is, barring rare emergencies, nonstate actors may censor individuals even when states may not. (shrink)

We discuss the crucial, but easily missed, link between paternalism and incarceration. Legal paternalists believe law should be used to help individuals stay healthy or moral or become healthier or morally better. Criminal laws are paternalistic if they make it illegal to perform some action that would be bad for the actor to do, regardless of effects on others. Yet, one result of such laws is the punishment, including incarceration, of the very same actors—also clearly bad for them even if (...) meant to be rehabilitative. Therein lies an oddity: paternalist criminal law—and thepresumably rehabilitativepunishments that serve as responses to infringements of such laws—is meant to help the actor but in fact has the opposite effect on net. Incarceration is particularly problematic on this front as it harms the alleged criminal in ways that go beyond the harm they would have caused themselves. Incarceration also may undermine the actor’s ability to improve his decision-making abilities or his moral character. The effects of the punishment also drift to others—family and friends, as well as business associates, of the punished. Paternalists, inasmuch as they are motivated by beneficence or concern about moral character, must account for all of these costs as threats to well-being and the conditions for acting morally. Given the link between paternalism and incarceration, we propose that if we are to take seriously the problem of over-incarceration in the U.S., we must reconsider the use of paternalism in criminal law; we sketch several alternatives. We believe paternalists should support our resistance to incarceration and seriously consider these alternatives. (shrink)

The task of this paper is to provide what is necessary for a conceptual analysis of toleration such that one would have a clear definition of this central liberal tenet. First, notions related to but different from toleration are discussed; this provides guidance by introducing the likely definitional conditions of toleration. Next, those conditions are explicated and defended. Putting the conditions together, we can say an agent tolerates when she intentionally and on principle refrains from interfering with an opposed other (...) (or their behavior, etc.), though she believes she has the power to interfere. This definition is neither normatively loaded nor sufficient for moral or political theory. Readers may also prefer a definition made with some subset of the conditions rather than all. (shrink)

Emily Chamlee-Wright is clearly right that self-censorship is an issue of concern within the academy. How much of a problem it is—how widespread and how bad it is when it occurs—is unclear and difficult to quantify. Administrators, faculty, and students all self-censor from time to time. Sometimes the self-censorship is just a matter of being polite or exercising pedagogical restraint, as Chamlee-Wright notes. The worry, of course, is that sometimes it prevents open and honest discussion about difficult topics and thus (...) stymies learning and truth-seeking. While I will keep these caveats in mind, I also want to help strengthen Chamlee-Wright’s case. I will also, though, point out a difficulty. (shrink)

Early in the history of liberalism, its most important proponents were concerned with freedom of religion. As polities and individuals now accept a dizzying array of religions, this has receded to the background for most theorists. It nonetheless remains a concern. Freedom of speech is a similar concern and very much in the foreground for theorists looking at the current state of academia. In this essay, I argue that inappropriate limits to freedom of religion and inappropriate limits to freedom of (...) speech—especially in the form of de-platforming on college campuses—both have, as one of their effects, what I call harms of silence. This means we ought not have those limits, so should seek to change them where they exist. (shrink)

In this paper, I defend an account of harm as event-based but also in the mold of the account offered by Joel Feinberg in his magnum opus, The Moral Limits of the Criminal Law.3 The analysis I offer is meant, that is, to be serviceable in a project like Feinberg’s–that is, it is one of normative political philosophy—and, importantly here, useful for determining when speech might rightly be limited. On the account defended here, to undergo a harm is to be (...) the subject of an event wherein one’s interests are wrongfully set back and wherein the status of the undergoing of the harm derives from its being the sort of event that it is (namely, a setting back of interests), independently of the badness of any resulting state. (shrink)

Some claim that liberalism’s neutrality toward the Good encourages anomie, thereby disallowing social confirmation of beliefs, leaving the individual with an uncertainty about judgments that is opposed to confidence and self-respect. This is the “anomie challenge.” I begin by discussing toleration and neutrality and motivating the problem. I then look at responses to the challenge by liberal pluralists and liberalism’s critics. After dismissing both, I argue that the right to choose is the good to be advocated and that it allows (...) for supportive, but voluntary, social structures. I conclude that liberalism better supports self-respect than the alternatives. (shrink)

The purpose of this paper is to shed light on what liberal states should tolerate outside their borders. This requires definitions of `liberalism, ́ `toleration, ́ and `state. ́ In the first section of this paper, I briefly indicate how I use those and other terms necessary to the discussion and introduce the normative principle I take liberals to be committed to. In the second section, I continue clearing the path for the rest of my discussion. In the rest of (...) the paper, I draw conclusions about what liberals should tolerate outside their state that I believe follow from the proffered definitions and principles. I limit myself to interference aimed at providing humanitarian aid, but do so in a way that is meant to provide resources for thinking about other sorts of interventions. In the third section, I consider humanitarian interventions done with the permis- sion of the other state and will point toward a toleration-based view; here we are really talking about non-toleration of suffering. In the fourth section, I consider humanitarian interventions done without the permission of the other state; here we are talking about non-toleration of a state that harms its residents. I consider an objection in section five. (shrink)

Critics of liberalism have argued that liberal individualismmisdescribes persons in ignoring the degree to which they aredependent on their communities. Indeed, they argue that personsare essentially socially constituted. In this paper, however, Iprovide two arguments – the first concerning communitariandescriptive claims about persons, our society, and the communitarian ideal society, and the second regarding thecommunitarian view of individual autonomy – that the communitariantheory of Alasdair MacIntyre, Charles Taylor, and Michael Sandel,relies on individuals either being independent from theircommunities or having a (...) community-independent desire. Thisis indicative of a deep contradiction in communitarian thought. (shrink)

It is often claimed that liberalism is falsely and perniciously universalist. I take this charge seriously, exploring three positions: the communitarians’, Rorty’s, and that of “comprehensive” liberalism. After explaining why universalism is thought impossible, I examine the communitarian view that value is determined within communities and argue that it results in a form of relativism that is unacceptable. I next discuss Richard Rorty’s liberal acceptance of “conventionalism” and explain how, despite his rejection of universalism, Rorty remains a liberal. I then (...) present a defense of universalism, based in part on arguments that parallel Thomas Nagel’s arguments in defense of a “view from nowhere” and Jean Hampton’s objectivist arguments against Rawls’s moves to a “merely political” theory. That defense requires that we can distance ourselves from our ends to make moral judgments shorn of all partialities. (shrink)

A response to critical commentaries. Crookston begins her commentary by noting that my book would have been better with answers to “the following three questions: (1) Why is the harm principle the right principle upon which to base a theory of toleration? (2) How is Cohen thinking of the concept of volenti? (p. x ) Is interference (i.e., the abandonment of toleration) ever morally required by the harm principle?” (p. x ). She is right, and I address these questions below (...) in Sections 2, 3, and 4. That is the bulk of this essay. I then turn to Kelley's issues in Sections 6, 7, and 8; these have to do with “the link between toleration and relativism,” the way I distinguish “the concepts of toleration and endurance,” and a “question about moral toleration” (p. x ). Despite much agreement, there are points of contention and I try to make my position clearer in response . (shrink)

Many social scientists think of exchange in terms far broader than philosophers. I defend the broader use of the term as well as the claim that meaningful human relationships are usefully understood as constituted by exchanges. I argue, though, that we must recognize that a great number of non-monetary and non-material goods are part of our daily lives and exchanges. Particularly important are emotional goods. I defend my view against the important objection that it demeans intimate relationships. As an addendum, (...) I also defend it against claims that economics cannot study such exchanges. (shrink)

In this paper I look at three versions of the charge that liberalism’s emphasis on individuals is detrimental to community—that it encourages a pernicious disregard of others by fostering a particular understanding of the individual and the relation she has with her society. According to that understanding, individuals are fundamentally independent entities who only enter into relations by choice and society is seen as nothing more than a venture voluntarily entered into in order to better oneself. Communitarian critics argue that (...) since liberals neglect the degree to which individuals are dependent upon their society for their self-understanding and understanding of the good, they encourage individuals to maintain a personal distance from others in their society. The detrimental effect this distancing is said to have on communities is often called “asocial individualism” or “asocialism.” I argue that all three versions of the charge fail against liberalism and that liberalism—with its insistence on the normative import of individuals—is not detrimental to communities, but can actually foster strong communities. (shrink)

Using Alasdair MacIntyre as a foil, I defend what I take to be a viable Nietzschean genealogical account, showing that a proper perspectivism is neither perniciously subjectivist nor absolutist. I begin by arguing against MacIntyre’s assertion that genealogists are committed to the view that rationality requires neutrality and that as there is no neutrality, there is no rationality. I then continue by offering something of a reconstruction of Nietzsche’s view, designed partly to clarify the error pinpointed in MacIntyre’s arguments, but (...) primarily to amplify the Nietzschean solution. This reconstruction involves claiming that Nietzsche is committed to three different senses of “truth:” the “Truth” (with a capital “T”) of correspondence theories, “truth” which is really pragmatic knowledge that helps us survive, and, finally, “truth” that is nothing more that “metaphors and metonyms” which are falsely taken to be useful to survival. (shrink)

In this short comment on Just, Reasonable Multiculturalism, I concentrate on the permissible extent of interference by a liberal state in a community within that state when such interference aims to protect individuals within that community from it. He and I both value individuals and want them protected, of course. This shared value, however, leads us to different conclusions. On any liberal view, individuals must be allowed to act as they wish subject only to specific sorts of justified limitations. In (...) the mainstream approach that Cohen-Almagor accepts, these will include limitations necessary to not merely protect but also to promote autonomy. On my own view, by contrast, it is protection alone that justifies interference. I thus spell out Cohen-Almagor’s view about the need for interference with non-liberal groups within a liberal state and indicate my disagreement. (shrink)

Review of John Tomasi's Liberalism Beyond Justice: Citizens, Society, and the Boundaries of Political Theory .

A book review of Steve Clark's The Justification of Religious Violence.

Review of John Kekes' *A Case for Conservatism*.

Book review of John Rist's *Real Ethics*.