Hannah Arendt argued that refugees pose a major problem for liberalism. Most liberal theorists endorse the idea of human rights. At the same time, liberalism takes the existence of sovereign states for granted. When large numbers of people petition a liberal state for asylum, Arendt argued, these two commitments will come into conflict. An unwavering respect for human rights would mean that no refugee is ever turned away. Being sovereign, however, allows states to control their borders. States supposedly (...) committed to human rights will thus often violate the rights of refugees by denying them entry. I attempt to defend liberalism from Arendt’s criticism by outlining a rights-based model of asylum that is enforceable by sovereign states. This approach avoids the question of what border-enforcement measures, if any, are defensible at the level of ideal justice, and instead seeks to outline a framework of refugee rights that can be realized in a world in which migration controls are a fact of life. Central to my argument is a distinction between the place where a person is recognized as a rights-bearing agent and the potentially different place where he or she exercises those rights. (shrink)

There is a fundamental disconnect between the public discourse about sovereign and external debt in comparison to private domestic debt. The latter is predominantly viewed through a Humean lens, which sees economic morality in terms of contingent social institutions, justified by the valuable goods they realize; while sovereign and external debt is viewed through a Lockean lens, which sees property, contract, and debt as possessing an intrinsic moral quality, independent of social context or consequences. This Article examines whether this Lockean (...) perspective on sovereign and external debt is compatible with the dominance of Humean approaches to the domestic economy. It considers and rejects the most plausible argument for reconciling these views, which emphasizes the different qualities of cooperation in the international and domestic economies. It further argues that many standard objections to a Humean approach to sovereign debt suggest, not the Lockean approach, but rather a Hobbesian international moral skepticism. Concluding that the Lockean approach is unmotivated, this Article instead advances a Humean account of sovereign debt and default. It shows how taking seriously the demand for institutional justification and the idea of persons and peoples as free and equal provides an account of the duties of states—whether creditors, debtors or third parties—in sovereign debt crises. It further examines the implications of each approach for democratic choice about sovereign default. (shrink)

Liberal-contractarian philosophies of justice see the unjust systems of slavery and autocracy in the past as being based on coercion—whereas the social order in modern democratic market societies is based on consent and contract. However, the ‘best’ case for slavery and autocracy in the past were consent-based contractarian arguments. Hence, our first task is to recover those ‘forgotten’ apologia for slavery and autocracy. To counter those consent-based arguments, the historical anti-slavery and democratic movements developed a theory of inalienable (...) rights. Our second task is to recover that theory and to consider several other applications of the theory. Finally, the liberal theories of justice expounded by John Rawls and by Robert Nozick are briefly examined from this perspective. (shrink)

Human Flourishing, Liberal Theory, and the ArtsMAUTNERMENACHEM routledge. 2018. pp. 198. £125.

There has been much interest in conspiracy theories (CTs) amongst philosophers in recent years. The aim of this paper will be to apply some of the philosophical research to issues in political theory. I will first provide an overview of some of the philosophical discussions about CTs. While acknowledging that particularism is currently the dominant position in the literature, I will contend that the ‘undue scepticism problem’, a modified version of an argument put forward by Brian Keeley, is an (...) important general objection to many CTs. This in turn leads to some substantial conclusions for liberal political philosophy, as the undue scepticism problem sets up a strong argument against non-liberal alternatives to liberal thought. I shall argue that we are justified in having far more doubt about the reliability of official sources in non-liberal societies, and it is legitimate to be more sceptical about claims designed to bolster non-liberal politics. Moreover, because scepticism is often more warranted in non-liberal societies, this may provide the possibility for the state to be stable, even if it is highly tyrannical or ineffective. These considerations are not intended to be decisive, but raise unresolved questions about the viability of non-liberal politics. (shrink)

Here is a template for introducing mathematical objects: “Objects are found in stages. For every stage S: (1) for any things found before S, you find at S the bland set whose members are exactly those things; (2) for anything, x, which was found before S, you find at S the result of tapping x with any magic wand (provided that the result is not itself a bland set); you find nothing else at S.” -/- This Template has rich applications, (...) it realizes John Conway’s (1976) Mathematicians’ Liberation Movement, and it generalizes a lovely idea due to Alonzo Church (1974). -/- Some parts of this Template are familiar: the bit about bland sets is just the ordinary story we tell about the cumulative iterative conception of set. But this talk of “magic wands” is new and different. Moreover, parts of the Template are left unspecified. -/- This under-specification is deliberate: we want to be able to flesh out the Template in umpteen different ways. The Main Theorem of the paper is that any loosely constructive way of fleshing out the Template is synonymous with a ZF-like theory. (shrink)

Disputes over land are the major source of conflict between Aboriginal and non-Aboriginal peoples around the globe. According to the Royal Commission on Aboriginal Peoples in Canada, land claims do not simply have to do with economic settlements. They also involve, in a critical sense, respect and recognition for cultural differences regarding culturally distinct self-understandings of land. The Commissioners argue that these disputes will never be wholly resolved unless dialogue and negotiations are "guided by one of the fundamental insights from (...) our hearings: that is, to Aboriginal peoples, land is not just a commodity; it is an inextricable part of Aboriginal identity, deeply rooted in moral and spiritual values" (1996, 430). I would contend that human rights and global justice require that, as the United Nations Charter asserts, formerly colonized peoples have a legitimate claim to pursue their social, economic and cultural interests within the boundaries of a peoples' right to self- determination. I examine a spectrum of dominant liberal theories of justice regarding cultural membership and its relationship to politics with respect to Indigenous demands for self-determination. Specifically, my purpose is to explore which position is best able to accommodate the key aspect of this demand: that they have the power to organize themselves according to their traditional views of the land and that, importantly, they have the power to promote such self-understandings in their social, legal, and political institutions. I demonstrate the manner in which many such liberal theories continue to perpetuate (at times, unwittingly) a neo-colonial agenda in which Indigenous claims would be recognized by a liberal state the degree that Indigenous tribes assimilate to European cultural self-understandings. (shrink)

This author’s reply addresses critiques by Daniel Engster, Kelly Gawel, and Andrea Westlund about my 2020 book, Freedom to Care: Liberalism, Dependency Care, and Culture. I begin with a statement of my commitment to liberalism. In section two, I defend the value of a distinction between conceptions of persons in the real world and in contract theory to track inequalities in care when indexed to legitimate needs. I argue, as well, that my variety of contract theory supplies the (...) normative content needed to reject the subordination of women of color. Acknowledging the enduring danger of expressive subordination, I emphasize my theory’s compatibility with the full social inclusion of people with disabilities. Section three then defends liberal dependency care’s compatibility with radical critique and transformative change by emphasizing the abstract nature of its core theoretical module. Finally, in section four, I reaffirm conceptual distinctions between autonomy skills, care skills, and a sense of justice by explicating their theoretical roles. In that section, I also embrace Westlund’s insight that theorists of justice need to have skills enabling responsiveness to other perspectives. To this new requirement for actual theorists of justice, I further add that we must attain capacities to engage critically with our society’s norms. Thus, the final section of this article supplements the justificatory module of liberal dependency care, building from the necessary conditions specified as two-level contract theory toward an account of necessary and sufficient conditions for this liberalism’s justificatory module. (shrink)

In her latest book, The End of Progress, Amy Allen embarks on an ambitious and much-needed project: to decolonize contemporary Frankfurt School Critical Theory. As with all of her books, this is an exceptionally well-written and well-argued book. Allen strives to avoid making assertions without backing them up via close and careful textual reading of the thinkers she engages in her book. In this article, I will state why this book makes a central contribution to contemporary critical theory (...) (in the broader sense), after which I pose a few questions. These questions are not meant to prove that there are any serious problems with her argumentation. Instead, they are meant in the spirit of dialogue and allow her to elaborate her work for her audience. (shrink)

I analyse the 2014 policy to promote 'British values' in schools from the perspective of the two main positions in contemporary liberal theory, comprehensive liberalism and political liberalism. I highlight in what ways comprehensive and political liberal defences of the policy are unsatisfactory, before briefly sketching a possible alternative position – ‘thin comprehensive liberalism’ – and discussing its potential for justifying a substantive education in liberal values. In light of this theoretical perspective, I suggest some ways (...) that the existing British values policy might be amended in practice so as to bring it more in line with the liberal ideal. (shrink)

This paper examines Bernard Williams’ challenge to liberal universalists (liberals “who assume their morality is universally applicable to everyone”) to provide a theory of error: “a story about the subject matter of political morality and about past people’s situation which explains why those people got it wrong about the subject matter.” It develops a theory of error that appeals to socio-historical conditions of the past to explain their role in making (1) liberal values and reasons epistemically (...) inaccessible, and (2) motivations to live up to them unavailable. (shrink)

Capital Redefined presents a unique perspective on the nature of “capital,” departing from the prevailing reductionist accounts. Hosseini and Gills offer an expanded perspective on Marxian value theory by addressing its main limitations and building their own integrative value theory. They argue that the current understanding of “value” must be re-examined and liberated from its subservient ties to capital while acknowledging the ways in which capital appropriates value. This is achieved by differentiating between “fetish value” created by capital (...) and “true value” generated through various commons-based forms of coexistence. The authors propose a defetishization of value by rejecting the commonly accepted idea of its objectivity. They introduce their “commonist value theory,” which redefines capital as both the product and process of perverting the fundamental commoning causes of true value into sources of fetish value. Capital is theorized through a “modular” framework, where multiple intersecting processes constitute a comprehensive power structure, a “value regime,” representing an unprecedented degree of the domination of capital over life. Their theory reconciles two apparently incompatible views on the notion of value. One view encompasses all inputs involved in capitalist value production and conflates intrinsic and commodity values. The other warns against this conflation as it treats capital as an entity tightly associated only with commodity production and wage labor. The authors believe that establishing alternative forms of value creation based on normative principles of living in commons is crucial as an analytical base for criticizing existing power structures and economic systems. The book offers a theoretical foundation for transforming our life worlds toward “post-capitalist” futures. It appeals to scholars and students in various fields, such as political economy, capitalism, and post-capitalist studies, economic and political sociology, globalization, development studies, social ecology, and ecological philosophy. The Open Access version of this book, available at taylorfrancis com, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives (CC-BY-NC-ND) 4.0 license. (shrink)

Public reason liberalism is the political theory which holds that coercive laws and policies are justified when and only when they are grounded in reasons of the public. The standard interpretation of public reason liberalism, consensus accounts, claim that the reasons persons share or that persons can derive from shared values determine which policies can be justified. In this paper, I argue that consensus approaches cannot justify fair educational policies and preserving cultural goods. Consensus approaches can resolve some controversies (...) about teaching values in the educational system, such as curriculum choice. But they cannot determine which culture goods, e.g., architecture, artwork, or language ought to be preserved in the education system. Consensus approaches cannot fairly resolve competing claims about these kinds of disputes. -/- I propose that convergence accounts of public reason, which allow individuals to draw on their own comprehensive doctrines in limited ways, can remedy these weaknesses in the mainline public reason tradition. The convergence approach can justify a pluralist state that can advance valuable community goods. John Henry Newman’s advocacy of liberal arts education finds resonance in other cultures, notably among Confucians, illustrating that there can be a shared moral vision and inquiry into the good life across deep substantive disagreements about educational values and policies, once we expand our notion of justification to be more inclusive. (shrink)

In this article we address the question of individual identity and its place – or rather omission – in contemporary discussions about the cosmopolitan extension of liberalism as the dominant political theory. The article is divided into two parts. In the first part we show that if we consistently emphasise the complementarity of the “inner” and “outer” identity of a person, which is essential to liberalism from its very beginnings, then a fundamental flaw in the liberal cosmopolitan project (...) becomes apparent. This is the underestimation of the indispensability of an unambiguously determined public framework which will fix and enforce liberal principles and values in a comprehensible way. Such a framework for liberalism was always the political community and then, above all, the modern state, in which the liberal identity could then be realised. The discussion in this part of the article prepares the ground for an examination, in the second part, of a dilemma which cosmopolitan liberalism must face. In the second part we argue that the attempt to tackle the given problem presents liberals with the following dilemma: either it is necessary to plead for the institution of a global political authority (a “world state”), or to give up the belief that fundamental liberal principles and values can be realised to a global extent. We show, at the same time, that because of the character and ambitions of the cosmopolitan project, the promise of plural identities and multi­centred law cannot be relied upon. By way of conclusion we then ask what is the price of the realisation of cosmopolitan liberal ideals. -/- NOTE: This is a two-part article (in Czech). For download here is the first part; please see the link below for the second part as well. (shrink)

In 2005, Charles Mills published “‘Ideal Theory’ as Ideology” in Hypatia: a withering critique of much of contemporary political philosophy and ethics. For Mills such work in philosophy failed to attend to the realities of social life and politics, and in remaining silent on actual issues of domination and oppression served an ideological role in supporting the interests of white bourgeois men. Around the time that Charles Mills launched his broadside against ideal theory, trans theorists had been fighting (...) their own battle against the abstraction of theory from the realities of trans lives and oppression. Vivian Namaste (2000) and Jay Prosser (1998) argued that contemporary gender theory failed to justice to the actuality of trans life, retreating instead to understanding trans life through literary archetypes and idealized radical figures. In this chapter I’ll compare Mills’ critique of ideal theory with the transfeminist critique of 1990s gender theory, arguing that they share much in common. Centrally, both critiques share an underlying commitment to theory needing to be grounded in the actuality of oppression and power relations. This common thread, I suggest, must continue to guide transfeminist thought and action: contra Marquis Bey (2022) transfeminist thought and praxis must continue to be about trans lives, about the oppression of trans women, and about ways of actually achieving liberation from our current dire position. (shrink)

Debates between political liberals and liberal perfectionists have been reinvigorated by Jonathan Quong’s Liberalism Without Perfection. In this paper I argue that certain forms of perfectionism can rebut or evade Quong’s three central objections – that perfectionism is manipulative, paternalistic, and illegitimate. I then argue that perfectionists can defend an ‘internal conception’ of perfectionism, parallel in structure to Quong’s ’internal conception’ of political liberalism, but with a different conception of the justificatory constituency. None of Quong’s arguments show that his (...) view should be preferred to this perfectionist internal conception. It can thus equally claim to achieve ‘justification to all reasonable citizens’. (shrink)

Is there more to the recent surge in political realism than just a debate on how best to continue doing what political theorists are already doing? I use two recent books, by Michael Freeden and Matt Sleat, as a testing ground for realism’s claims about its import on the discipline. I argue that both book take realism beyond the Methodenstreit, though each in a different direction: Freeden’s takes us in the realm of meta-metatheory, Sleat’s is a genuine exercise in grounding (...) liberal normative theory in a non-moralistic way. I conclude with wider methodological observations. I argue that unlike communitarianism (the previous contender for the discipline’s renewal), realism has the potential to open new vistas, though their novelty is to a large extent relative to the last forty years or so: realism is best thought of as a return to a more traditional way of doing political philosophy. (shrink)

At the heart of Kant’s legal-political philosophy lies a liberal, republican ideal of justice understood in terms of private independence (non-domination) and subjection to public laws securing freedom for all citizens as equals. Given this basic commitment of Kant’s, it is puzzling to many that he does not consider democracy a minimal condition on a legitimate state. In addition, many find Kant ideas of reform or improvement of the historical states we have inherited vague and confusing. The aim of (...) this paper is to untangle both puzzles by exploring Kant’s idea of self-governance. I argue that Kant’s idea of self-governance gives us a very good starting point for thinking about how to leave room for a variety of political systems—different ideals—that have grown out of and responding to different contingent historical and cultural circumstances. It also helps us identify those areas where we want to take extra care to build in safeguards to secure stability and to take sufficiently seriously humankind’s truly nasty sides. (shrink)

The idea that only complex brains can possess genuine representations is an important element in mainstream philosophical thinking. An alternative view, which I label ‘liberal representationalism’, holds that we should accept the existence of many more full-blown representations, from activity in retinal ganglion cells to the neural states produced by innate releasing mechanisms in cognitively unsophisticated organisms. A promising way of supporting liberal representationalism is to show it to be a consequence of our best naturalistic theories of representation. (...) However, several philosophers and scientists have recently argued against this strategy. In the paper I counter these objections in defense of liberal representationalism. (shrink)

This article contributes to the debate concerning the identification of politically relevant cases of corruption in a democracy by sketching the basic traits of an original liberal theory of institutional corruption. We define this form of corruption as a deviation with respect to the role entrusted to people occupying certain institutional positions, which are crucial for the implementation of public rules, for private gain. In order to illustrate the damages that corrupt behaviour makes to liberal democratic institutions, (...) we discuss the case of health care professionals’ abuse of their right to conscientious objection to abortion services. We show that the conscience clause can be instrumentally abused to sabotage democratically established public rules and thus exert undue private influence on their implementation. In this sense, from a liberal democratic perspective, institutional corruption is problematic because it is disruptive of such fundamental liberal ideals as the impartiality of public institutions and citizens’ political equality. (shrink)

The paper deals with the methodological clash between idealism and anti-idealism in political philosophy, and highlights its importance for public reason (PR) and public justification (PJ) theorising. Upon reviewing the broader context which harks back to Rawls’s notion of a realistic utopia, we focus on two major recent contributions to the debate in the work of David Estlund (the prototypical utopian) and Gerald Gaus (the cautious anti-utopian). While Estlund presents a powerful case on behalf of ideal theorising, claiming that motivational (...) incapacity and other non-ideal features of “human nature” – the so-called bad facts – do not normally refute the desirability of highly utopian theories of justice, we show that Gaus is correct in stressing the importance of feasibility considerations, including empirical knowledge about human societies. Because moral disagreement is to be expected even among cognitively and morally excellent reasoners, we argue that Estlund’s search for Truth about justice must idealise away normative diversity as just another bad fact. This methodological dispute has important ramifications for current debates about PR and PJ as the grounds of liberal legitimacy. Because consensual approaches rely on strong idealisation which results in exclusion of numerous comprehensive doctrines from consideration, we conclude that convergence-based liberal political theory has distinct advantage as regards exploiting normative diversity to the advantage of everyone. (shrink)

Since 1987, the Brazilian government has implemented a no-contact policy, which prevents contact between isolated indigenous tribes in the Amazon and members of the general public, including state officials. The government justifies this policy on the grounds that contact would expose members of isolated tribes to dangerous illnesses as well as violate their right to determine their own life processes. In this essay, I bring liberal theory to bear on the question of whether Brazil's treatment of isolated indigenous (...) tribes is justified. I argue that the current policy actually fails to treat isolated indigenous persons as free and equal. (shrink)

In this chapter I articulate and defend a basic principle capturing the underlying structure of an attractive sort of national reconciliation that accounts for a wide array of disparate judgments about the subject. There are extant theories of national reconciliation in the literature, most of which are informed by Kantian, liberal-democratic and similar perspectives. In contrast to these, I spell out a theory grounded on a comparatively underexplored sub-Saharan ethic. My foremost aim is to demonstrate how African ideals (...) about communal relationship, still largely unfamiliar to an international audience, do a promising job of providing a unified foundation for the roles of truth-telling, apology, forgiveness, compensation, amnesty and related practices often associated with national reconciliation. (shrink)

This chapter considers how Liberal Naturalism interacts with the main problems and theories in the philosophy of perception. After briefly summarising the traditional philosophical problems of perception and outlining the standard philosophical theories of perceptual experience, it discusses whether a Liberal Naturalist outlook should incline one towards or away from any of these standard theories. Particular attention is paid to the work of John McDowell and Hilary Putnam, two of the most prominent Liberal Naturalists, whose work was (...) also very influential in the philosophy of perception. There is also a section focusing on colour, an especially important topic not only for debates about perceptual experience but also for debates concerning how our ‘manifest image’ of the natural world relates to our best theories in the physical sciences. (shrink)

Mixing methods is a well-known innovative meth- odologic proposal for research in the second half of the 20th century social sciences. Reading literature about it, I observed the aspect that justifies this paper: Authors of theoretical contributions on mixing methods recognized that this was known to be a practice already in use many centuries ago. Some of them even have re-examined the whole history of the scientific method to search precedents. They are however individual and theoretical precedents. I add in (...) this paper the practical projection of these and other methodological theories on people’s training from Greek classical times. My hypothesis is that liberal arts was the basic syllabus in Western -and westernized- educaion for more than a millennium in such a way that results of their training precisely involved to mixing methods. In return, to understand the liberal arts in the light of mixing methods shows new aspects of their historical interest. I study the theoretical basis of this syllabus from Cicero to Alcuin. More important for future research, I conclude that Alcuin’s thesis about the correspondence between the gifts of the Holy Spiritu and the seven liberal arts can be extended to the Aristotelian dianoethics habits and to Dilthey’s 20th-century sciences of mind. (shrink)

What do we talk about when we talk about ethical diversity as a challenge to the normative justifiability of liberal democracy? Many theorists claim that liberal democracy ought to be reformed or rejected for not being sufficiently ‘inclusive’ towards diversity; others argue that, on the contrary, liberalism is desirable because it accommodates (some level of) diversity. Moreover, it has been argued that concern for diversity should lead us to favour (say) neutralistic over perfectionist, universalistic over particularistic, participative over (...) representative versions of liberal democracy. This paper provides a conceptual framework to situate those debates, and argues that there are two fundamental ways in which diversity constitutes a challenge to the justificatory status of liberal democracy: consistency (whereby diversity causes clashes between the prescriptions generated by normative political theories), and adequacy (whereby diversity generates a rift between our experience of what is considered valuable and what the theory treats as such). (shrink)

Enrique Dussel and John Dewey share commitments to philosophical theory and practice aimed at addressing human problems, democratic modes of inquiry, and progressive social reform, but also maintain productive differences in their fundamental starting point for political philosophy and their use of the social sciences. Dussel provides a corrective to Dewey’s Eurocentrism and to his tendency to underplay the challenges of incorporating marginalized populations by insisting that social and political philosophy begin from the perspective of the marginalized and excluded. (...) Simultaneously, Dewey encourages a modest experimental and fallibilist approach to social transformation that promises more feasible social reforms than Dussel’s approach rooted in phenomenology and the critical social sciences. (shrink)

This article considers whether the international legal human rights system founded on liberal individualism, as endorsed by liberal theorists, can function as a fair universal legal regime. This question is examined in relation to the collective right to self-determination demanded by indigenous peoples, who are paradigmatic decent nonliberal peoples. Indigenous peoples’ collective right to self-determination has been internationally recognized in the Declaration on the Rights of Indigenous Peoples, which was adopted by the United Nations in 2007. This historic (...) event may seem to exemplify the international legal human rights system’s ability to function as a truly global legal regime applicable cross-culturally to all well-ordered societies, whether liberal or nonliberal. The article argues, however, that the collective right to self-determination advocated by indigenous peoples for the sake of cultural integrity is inconsistent with the international legal human rights system founded on liberal individualism. By showing the plausibility of indigenous peoples’ defense of their cultural integrity, this article suggests that the international legal human rights system ought to be reconceptualized to reflect a genuine international consensus on human rights among all well-ordered societies if it is to function as a just mechanism for global governance. (shrink)

This article starts by setting out the evaluative criteria provided by Will Kymlicka's liberal account of individual freedom and equality. Kymlicka's theory of cultural minority rights is then analysed using these criteria and found to be defective in two respects. First, his assignment of different rights to national and ethnic groups is shown to be inegalitarian with regard to generations after the first. Second, his recommendation of strong cultural protections is shown in some circumstances to undermine freedom and (...) equality. Towards the end of the article a policy of gradual and inclusive assimilation is described that may effectively promote the freedom and opportunities of members of cultural minorities. In conclusion, group-specific rights may, as Kymlicka says, be justified in liberal terms, but only where they differ in content from those he proposes. (shrink)

John Rawls’s political liberalism and its ideal of public reason are tremendously influential in contemporary political philosophy and in constitutional law as well. Many, perhaps even most, liberals are Rawlsians of one stripe or another. This is problematic, because most liberals also support the redefinition of civil marriage to include same-sex unions, and as I show, Rawls’s political liberalism actually prohibits same- sex marriage. Recently in Perry v. Schwarzenegger, however, California’s northern federal district court reinterpreted the traditional rational basis review (...) in terms of liberal neutrality akin to Rawls’s “public reason,” and overturned Proposition 8 and established same-sex marriage. (This reinterpretation was amplified in the 9th Circuit Court’s decision upholding the district court on appeal in Perry v. Brown.) But on its own grounds Perry should have drawn the opposite conclusion. This is because all the available arguments for recognizing same-sex unions as civil marriages stem from controversial comprehensive doctrines about the good, and this violates the ideal of public reason; yet there remains a publicly reasonable argument for traditional marriage, which I sketch here. In the course of my argument I develop Rawls’s politically liberal account of the family by drawing upon work by J. David Velleman and H. L. A. Hart, and discuss the implications of this account for political theory and constitutional law. (shrink)

In the 1980s and 1990s, a series of attempts were made to put into U.S. law a civil rights ordinance that would make it possible to sue the makers and distributors of pornography for doing so (under certain conditions). One defence of such legislation has come to be called "the free speech argument against pornography." Philosophers Rae Langton, Jennifer Hornsby and Caroline West have supposed that this defence of the legislation can function as a liberal defence of the legislation: (...) in particular, a defence of the legislation based on the value of women's liberty. This would be somewhat unexpected given MacKinnon's own antipathy toward liberalism. In this paper, I argue that the free speech argument against pornography cannot be used as a liberal defence of the ordinances. The legislation is, to some extent, self-defeating insofar as it understood in terms acceptable to a fairly standard kind of liberal. This becomes apparent when we consider the value pornography can have for women, which we can see if we consider what female makers, distributors and consumers of pornography have to say about why they make, distribute and consume it. (shrink)

Based on Steven Wall's work I take perfectionism in political philosophy to include two components: the objective good and the non-neutral state. Some perfectionist theories aim to be liberal. But given the objective good component perfectionism seems to be unable to accommodate the commitment to value pluralism found in liberalism, this is what I call the challenge of pluralism. The perfectionist reply is to claim that their objective good can also be plural and thus there is no conflict. My (...) aim in this paper is to show that this reply does not work. I do this by looking at three different ways we could conceive of perfectionist theories as plural and show how each is unsatisfactory. (shrink)

The article introduces a special issue on “Rethinking Liberal Multiculturalism: Foundations, Practices and Methodologies.” The contributions presented in this special issue were discussed during the conference « Multicultural Citizenship 25 Years Later », held in Paris in November 2021. Their aim is to take stock of the legacy of Kymlicka’s contribution and to highlight new developments in theories of liberal multiculturalism and minority rights. The contributions do not purport to challenge the legitimacy of theories of multiculturalism and minority (...) rights, they rather aim at deepening our understanding of the foundations of liberal multiculturalism and of its practical implementation, sensitive to social scientific dynamics of diverse societies. Without abandoning the general idea that cultural minorities should be granted special minority rights, the essays presented raise new questions about three dimensions central to liberal multiculturalism: its normative foundations, its practical categories of minorities or groups, and its fact-sensitive methodology. Taken together they shed light on the renewed variety of theories of liberal multiculturalism highlighting their complexity and internal disagreements. To introduce these articles, the article first draws a brief historical overview of the debates on multiculturalism since the 1990s (section 1). It then highlights the distinctive aspects of Kymlicka’s contribution (section 2) and identifies recent research trends (section 3). Doing so, it explains how the articles gathered here both expand on those distinctive aspects and explore those new research avenues. The section 4 summarizes the contributions. (shrink)

This paper presents a dilemma for Matthew Kramer’s view, as defended in his _Liberalism with Excellence_. A central aim of that book is to critique existing liberal perfectionist theories, which he labels “edificatory,” and to defend a different such theory, which he calls “aspirational.” Edificatory perfectionism holds that governments ought to promote citizens’ well-being directly by inducing them to live lives that are more wholesome, cultivated, or autonomous. Aspirational perfectionism, meanwhile, holds that governments ought to promote the conditions (...) under which every citizen can be warranted in harboring a strong sense of self-respect, by promoting the occurrence of outstanding achievements within society. We first argue that Kramer’s two central arguments against edificatory perfectionism, which appeal to the value of freedom and to moral integrity, fail to establish the impermissibility of edificatory policies. His critique could be salvaged by holding that the ambit of legitimate government activity is limited to the provision and distribution of primary goods. However, we argue, second, that Kramer’s own aspirational perfectionism also runs afoul of this restriction, because his conception of warranted self-respect is not a primary good. Kramer is thus faced with a choice between upholding his objections to edificatory perfectionism and maintaining the coherence of his aspirational perfectionism. -/- . (shrink)

Liberal multicultural theories developed in late twenty-first century aims to ensure the rights of the minorities, social justice and harmony in liberal societies. Will Kymlicka is the leading philosopher in this field. He advocates minority rights, their autonomy and the way minority groups can be accommodated in a liberal society with their distinct cultural identity. Besides him, there are other political theorists on the track and Galston is one of them. He disagrees with Kymlicka on some crucial (...) points, particularly regarding the scope of civil rights of the minority groups and the responsibilities of both majority and minority groups for the sake of social harmony and justice. He tries to develop a moral theory of mutualism based on inter-community toleration and constitutionalism. Considering toleration as one of the fundamental liberal virtues he contends that the majority government has the responsibility to make arrangement both for the members of majority and minority groups so that they can build inter personal relation and learn toleration. The paper critically justifies the feasibility of his theory in a liberal society and claims that although Galston’s theory has a higher possibility to be accommodated in liberal societies, it eventually fails. (shrink)

(The downloadable document, posted 07/23/22, incorporates post-publication corrections/refinements, mainly of section II.) The article gives a novel argument to show that there is sense of 'exists' suitable for posing a substantive issue between presentists and eternalists. It then seeks to invigorate a neglected variety of presentism. There are seven doctrines, widely accepted even among presentists, that create problems for presentism. Without distinguishing existence and being, presentists can comfortably reject all seven. Doing so would dispose of the majority of presentism’s problems. (...) Further, it would enable presentists to reduce A-judgments to B-judgments, thereby insulating presentism from doubts about the intelligibility of A-theories. For reasons indicated very briefly, it might also make presentism less difficult to reconcile with special relativity, though the point is not pursued here. (shrink)

The alliance between Appalachian churches and the coal industry has brought Appalachia to its knees. For over two centuries, Appalachian ministers and priests have pressured their congregants to sell land, manipulate papal documents, exploit church properties for personal gain, and frame incomplete economic data regarding the coal industry with sound theological arguments. In response to this institutional corruption favoring the coal industry, a new theory of Appalachian liberation theology needs development to break the coal-church alliance. Through examining papal documents, (...) theological work by Michael Iafrate and the Catholic Committee of Appalachia, and jobs and economic data from agencies like the Appalachian Research Commission and Energy Futures Initiative, liberation theologians can begin to chart the first contours of Appalachian liberation theology. Such a theology involves the exaltation of the local church, grassroots change, support for green energy, and the empowering of youth voices through granting them positions that enable institutional change. (shrink)

Retirement is often viewed as a reward for a working life. While many have reason to want a work-free retirement, not everyone does. Should working retirees have to give up their retirement pension and, consequently, their status as retirees? The answer, I argue, boils down to whether we conceive of retirement as free time (need-free) or as leisure (work-free). In this article, I put forward a liberal case in favour of free time, despite whether our liberalism leans towards perfectionism (...) or neutralism, with social primary goods being a case in point. Applying this case for free time to retirement yields two significant policy implications. First, it demands “free synchronic combination” – that retirees may use their retirement pensions however they see fit, including to work. Second, it also yields “free diachronic combination” – that, within limits, individuals have discretionary control over how to combine retirement and work across time – thus challenging the idea that retirement should be available only in old age and not earlier in life. So far, the literature on free time focused only on narrow temporal units, such as hours and days, but there is much to gain by extending the concept into retirement. (shrink)

The original – and often continuing – sin of countries with a settler colonial past is their brutal treatment of indigenous peoples. This challenging legacy continues to confront modern liberal democracies ranging from the USA and Canada to Australia, New Zealand and beyond. Duncan Ivison’s book considers how these states can justly accommodate indigenous populations today. He shows how indigenous movements have gained prominence in the past decade, driving both domestic and international campaigns for change. He examines how the (...) claims made by these movements challenge liberal conceptions of the state, rights, political community, identity and legitimacy. Interweaving a lucid introduction to the debates with his own original argument, he contends that we need to move beyond complaints about the ‘politics of identity’ and towards a more historically and theoretically nuanced liberalism better suited to our times. This book will be a key resource for students and scholars interested in political theory, historic injustice, Indigenous studies and the history of political thought. (shrink)

The Covid-19 pandemic has brought to surface new and puzzling manifestations of the culture wars between liberals and conservatives, especially in the US. One such manifestation is the one centered around mask-wearing as a way to protect others from viral infection. In public spaces, mask-wearing has become a signal as to whether one is a liberal or a conservative. Liberals tend to wear the mask and condemn as immoral conservatives, who tend not to wear it. I argue that the (...) liberal attitude does not cohere with liberal theory. I use the issue of the permissibility of abortion and the liberal consensus about it as the benchmark for what a genuine liberal attitude toward mask-wearing should be. (shrink)

Across a wide range of cultural forms, including philosophy, cultural theory, literature and art, the figure of the clock has drawn suspicion, censure and outright hostility. In contrast, even while maps have been shown to be complicit with forms of domination, they are also widely recognised as tools that can be critically reworked in the service of more liberatory ends. This paper seeks to counteract the tendency to see clocks in this way, arguing that they have many more interesting (...) possibilities than they are usually given credit for. An analysis of approaches to clocks in continental philosophy critiques the way they have too often been dismissed as unworthy of further analysis, and argues that this dismissal is based upon an inadequate understanding of how clocks operate. Seeking to move towards more critical and curious approaches, the paper draws inspiration from critical cartography in order to call for the development of a ‘critical horology’ which would emphasise both the fundamentally political nature of clocks, and the potential for designing them otherwise. A discussion of temporal design provides a range of examples of how clocks might open up new horizons within the politics of time. (shrink)

In his “Critical Response,” William Curtis presents three main criticisms against my position elaborated in “In Defense of Nonliberal Nationalism.” First, he alleges that my conception of national membership is “voluntarist” and ultimately liberal. Second, he claims that my position on nonliberal democracy is “quintessentially liberal.” Third, he charges that my account of nonliberal nationalism would allow the oppression of minorities. The first charge is based on Curtis’s misreading of my article. The second charge is interesting and worthy (...) of consideration in itself. Yet Curtis fails to advance a clear argument to support it. The third charge has been dealt with in my original article, but I shall restate it here to meet Curtis’s objection. Although I shall address all three, the focus will be on the second, as I believe that it poses the strongest challenge to my position. In responding to these charges, I shall provide necessary clarification and elaboration and thereby strengthen the critiques, as Curtis’s own arguments are often unclear or non-existent. (shrink)

Confucian scholars should satisfy two conditions insofar as they think their theories enable Confucianism to make contributions to liberal politics and social policy. The liberal accommodation condition stipulates that the theory in question should accommodate as many reasonable conceptions of the good and religious doctrines as possible while the intelligibility condition stipulates that the theory must have a recognizable Confucian character. By and large, Joseph Chan’s Confucian perfectionism is able to satisfy the above two conditions. However, (...) contrary to Chan and many other Confucian scholars, I argue that any active promotion of Confucianism will violate the liberal accommodation condition. I propose the “wide view of moderate perfectionism,” which enables Confucianism to shed light on a wide range of political and social issues without promoting Confucianism actively. Thus, I present a new approach to the long-standing question of how Confucianism may improve political and social development in a liberal society. (shrink)

Very little attention has been paid towards examining John Rawls’s liberal principle of legitimacy as a self-standing theory. Nevertheless, it offers a highly original way of thinking about state legitimacy. In this paper, I will offer a sketch of what such an account might look like. At its heart is the idea that the legitimacy of the state resides not in the consent of the governed, nor in the state’s conformity with the appropriate principles of justice, but rather (...) in citizens’ endorsement of the state and its underlying constitutional principles on the basis of their own comprehensive conceptions of justice. Such an account offers a stable middle ground between popular alternatives, and has a way of not just solving, but dissolving, the problem of legitimacy. (shrink)

Exploitation and Economic Justice in the Liberal Capitalist State offers the first new, liberal theory of economic justice to appear in more than 30 years. The theory presented is designed to offer an alternative to the most popular liberal egalitarian theories of today and aims to be acceptable to both right and left libertarians too.

This article develops a liberal theory of cultural rights that must be guaranteed by just legal and political institutions. People form their own individual conceptions of the good in the cultural space constructed by the political societies they inhabit. This article argues that only rarely do individuals develop views of what is valuable that diverge more than slightly from the conceptions of the good widely circulating in their societies. In order for everyone to have an equal opportunity to (...) autonomously form their own independent conception of the good, rather than merely following others, culture must be democratically controlled. Equal respect for members of a liberal democracy requires that all citizens have roughly equal opportunities to do things like make movies, publish novels, and exhibit paintings. This article contends that the contemporary American legal order fails to guarantee that all cititizens have roughly equal opportunities to shape and influence their shared culture. Guaranteeing the liberty to do so would require reforms to many areas of law, including applying anti-discrimination law more broadly to the conduct of cultural organizations, expanding fair use protections in copyright law, limiting the ability of businesses to arbitrarily refuse service to customers, and restricting private control of capital in order to democratize the means of cultural production. (shrink)

For centuries, various disciplines have tried to tackle the topic of how legitimate it is to use violence in order to solve social problems. One of the most recent interdisciplinary approaches, most successful in present-day Latin America, is the so-called "Ethics of Liberation," designed by Enrique Dussel. Based on the Theology of Liberation, this theory goes beyond the limits of theology as a discipline and pleads for three ethical criteria that every political revolution must fulfill to use violence in (...) a legitimate way. The first is a formal criterion, which basically takes after the ideal dialogue situation endorsed by Karl-Otto Apel and Jürgen Habermas, and purports to be rooted in yet another discipline, linguistics. The second is a material criterion, defined as the upshot of an acceptable welfare for all citizens, thus intimately linked with the discipline of economics and political philosophy. The third is a criterion of feasibility, which makes a revolt legitimate if, and only if, it has a reasonable possibility of succeeding; hence strategic issues take a leading role. This essay contends that each of these criteria is conceptually incompatible with violence. Hence, Dussel's arguments involve multiple contradictions as he aims to justify the use of violence precisely with these interdisciplinary criteria. (shrink)

There is a loud and persistent drum beat of support for schools, for citizenship, for diversity and inclusion, and increasingly for labor market readiness with very little critical attention to the assumptions underlying these agendas, let alone to their many internal contradictions. Accordingly, in this book I examine the philosophical, motivational, and practical challenges of education theory, policy, and practice in the twenty-first century. As I proceed, I do not neglect the historical, comparative international context so essential to better (...) understanding where we are, as well as what is attainable in terms of educational justice. I argue that we must constructively critique some of our most cherished beliefs about education if we are to save the hope of real justice from the rhetoric of imagined justice. (shrink)

Ambedkar denounced caste system for violating the respect and dignity of the individual; yet his critique of caste-ridden society also foregrounds the limits of the theory and practice of citizenship and liberal politics in India. Since membership of a caste group was not a voluntary choice, but determined by birth and hence a coercive association, the liberal view of the self as a totally unencumbered and radically free subject seemed plagued with difficulties. Though the nation state envisages (...) a political community co-extensive with one cultural community, it need not, Ambedkar argued, necessarily lead to abolition of discriminatory caste practices in civil society. To restore the cultural rights of stigmatised populations, unredeemed by the nation state, propelled Ambedkar to seek solution in B. (shrink)