In this article, it is argued that a significant internal tension exists in John Rawls' political liberalism. He holds the following positions that might plausibly be considered incongruous: (1) a commitment to tolerating a broad right of freedom of political speech, including a right of subversive advocacy; (2) a commitment to restricting this broad right if it is intended to incite and likely to bring about imminent violence; and (3) a commitment to curbing this broad right only (...) if there is a constitutional crisis. By supporting a broad right of freedom of political speech in Political Liberalism, he allows militant intolerant people such as Jihadists, White Supremacists and Neo-Nazis to advocate publicly their dangerously intolerant beliefs. Public advocacy of dangerously intolerant beliefs can be construed as subversive advocacy. As demonstrated by the historical examples of the Weimar Republic and the Second Spanish Republic, militant intolerant groups could use a right of subversive advocacy to threaten the stability of liberal democracies. Hence, by allowing them to exercise a broad right of freedom of political speech, Rawls could jeopardize that which he intends to defend, namely the actual political stability of a liberal democratic order. Lastly, Rawls' conception of ideal constitutional interpretation, which privileges a broad right of freedom of political speech, might be insufficient to deal effectively with the threat posed by militant intolerant groups. Yet a tradition of American constitutional interpretation that balances freedom of speech with other important constitutional and/or political values has overcome a civil war, two world wars, the Cold War and the 9/11 terrorist attacks without abandoning democracy or permanently renouncing those values. Still, Rawls' ideal approach to constitutional interpretation might, in hindsight, help us to understand some of the excesses and deficiencies of American jurisprudence in times of emergency.<br><br><br><br>. (shrink)

In this paper I provide an interpretation of Kant’s conception of free speech. Free speech is understood as the kind of speech that is constitutive of interaction respectful of everybody’s right to freedom, and it requires what we with John Rawls may call ‘public reason’. Public reason so understood refers to how the public authority must reason in order to properly specify the political relation between citizens. My main aim is to give us some reasons (...) for taking a renewed interest in Kant’s conception of free speech, including his account public reason. Kant’s position provides resources for dealing with many of the legal and political problems we currently struggle to analyze under this heading, such as the proper distinction between the sphere of justice and the sphere of ethics, hate speech, freedom of speech, defamation, and the public guarantee of reliable media and universal education. (shrink)

Some people are multi-billionaires; others die because they are too poor to afford food or medications. In many countries, people are denied rights to free speech, to participate in political life, or to pursue a career, because of their gender, religion, race or other factors, while their fellow citizens enjoy these rights. In many societies, what best predicts your future income, or whether you will attend college, is your parents’ income. -/- To many, these facts seem unjust. Others disagree: (...) even if these facts are regrettable, they aren’t issues of justice. A successful theory of justice must explain why clear injustices are unjust and help us resolve current disputes. -/- John Rawls (1921-2002) was a Harvard philosopher best known for his A Theory of Justice (1971), which attempted to define a just society. Nearly every contemporary scholarly discussion of justice references A Theory of Justice. This essay reviews its main themes. (shrink)

This book is an anthology with the following themes. Non-European Tradition: Bussanich interprets main themes of Hindu ethics, including its roots in ritual sacrifice, its relationship to religious duty, society, individual human well-being, and psychic liberation. To best assess the truth of Hindu ethics, he argues for dialogue with premodern Western thought. Pfister takes up the question of human nature as a case study in Chinese ethics. Is our nature inherently good (as Mengzi argued) or bad (Xunzi’s view)? Pfister ob- (...) serves their underlying agreement, that human beings are capable of becoming good, and makes precise the disagreement: whether we achieve goodness by cultivating autonomous feelings or by accepting external precepts. There are political consequences: whether government should aim to respect and em- power individual choices or to be a controlling authority. Early Greek Thinking: Collobert examines the bases of Homeric ethics in fame, prudence, and shame, and how these guide the deliberations of heroes. She observes how, by depending upon the poet’s words, the hero gains a quasi- immortality, although in truth there is no consolation for each person’s inevi- table death. Plato: Santas examines Socratic Method and ethics in Republic 1. There Socrates examines definitions of justice and tests them by comparison to the arts and sciences. Santas shows the similarities of Socrates’ method to John Rawls’ method of considered judgments in reflective equilibrium. McPherran interprets Plato’s religious dimension as like that of his teacher Socrates. McPherran shows how Plato appropriates, reshapes, and extends the religious conventions of his own time in the service of establishing the new enterprise of philosophy. Ac- cording to Taylor, Socrates believes that humans in general have the task of helping the gods by making their own souls as good as possible, and Socrates’ unique ability to cross-examine imposes on him the special task of helping others to become as good as possible. This conception of Socrates’ mission is Plato’s own, consisting in an extension of the traditional conception of piety as helping the gods. Brickhouse and Smith propose a new understanding of Socratic moral psychology—one that retains the standard view of Socrates as an intellectualist, but also recognizes roles in human agency for appetites and passions. They compare and contrast the Socratic view to the picture of moral psychology we get in other dialogues of Plato. Hardy also proposes a new, non-reductive understanding of Socratic eudaimonism—he argues that Socrates invokes a very rich and complex notion of the “Knowledge of the Good and Bad”, which is associated with the motivating forces of the virtues. Rudebusch defends Socrates’ argument that knowledge can never be impotent in the face of psychic passions. He considers the standard objections: that knowledge cannot weigh incom- mensurable human values, and that brute desire, all by itself, is capable of moving the soul to action. Aristotle: Anagnostopoulos interprets Aristotle on the nature and acquisition of virtue. Though virtue of character, aiming at human happiness, requires a complex awareness of multiple dimensions of one’s experience, it is not properly a cognitive capacity. Thus it requires habituation, not education, according to Aristotle, in order to align the unruly elements of the soul with reason’s knowledge of what promotes happiness. Shields explains Aristotle’s doctrine that goodness is meant in many ways as the doctrine that there are different analyses of goodness for different types of circumstance, just as for being. He finds Aristotle to argue for this conclusion, against Plato’s doctrine of the unity of the Good, by applying the tests for homonymy and as an immediate cons- equence of the doctrine of categories. Shields evaluates the issue as unresolved at present. Russell discusses Aristotle’s account of practical deliberation and its virtue, intelligence (phronesis). He relates the account to contemporary philo- sophical controversies surrounding Aristotle’s view that intelligence is neces- sary for moral virtue, including the objections that in some cases it is unnecessary or even impedes human goodness. Frede examines the advantages and disadvantages of Aristotle’s virtue ethics. She explains the general Greek con- ceptions of happiness and virtue, Aristotle’s conception of phronesis and compares the Aristotle’s ethics with modern accounts. Liske discusses the question of whether the Aristotelian account of virtue entails an ethical-psy- chological determinism. He argues that Aristotle’s understanding of hexis allows for free action and ethical responsibility : By making decisions for good actions we are able to stabilize our character (hexis). Hellenistic and Roman: Annas defends an account of stoic ethics, according to which the three parts of Stoicism—logic, physics, and ethics—are integrated as the parts of an egg, not as the parts of a building. Since by this analogy no one part is a foundation for the rest, pedagogical decisions may govern the choice of numerous, equally valid, presentations of Stoic ethics. Piering interprets the Cynic way of life as a distinctive philosophy. In their ethics, Cynics value neither pleasure nor tradition but personal liberty, which they achieve by self-suffi- ciency and display in speech that is frank to the point of insult. Plotinus and Neoplatonism: Gerson outlines the place of ordinary civic virtue as well as philosophically contemplative excellence in Neoplatonism. In doing so he attempts to show how one and the same good can be both action-guiding in human life and be the absolute simple One that grounds the explanation of everything in the universe. Delcomminette follows Plotinus’s path to the Good as the foundation of free will, first in the freedom of Intellect and then in the “more than freedom” of the One. Plotinus postulates these divinities as not outside but within each self, saving him from the contradiction of an external foundation for a truly free will. General Topics: Halbig discusses the thesis on the unity of virtues. He dis- tinguishes the thesis of the identity of virtues and the thesis of a reciprocity of virtues and argues that the various virtues form a unity (in terms of reciprocity) since virtues cannot bring about any bad action. Detel examines Plato’s and Aristotle’s conceptions of normativity : Plato and Aristotle (i) entertained hybrid theories of normativity by distinguishing functional, semantic and ethical normativity, (ii) located the ultimate source of normativity in standards of a good life, and thus (iii) took semantic normativity to be a derived form of normativity. Detel argues that hybrid theories of normativity are—from a mo- dern point of view—still promising. Ho ̈ffe defends the Ancient conception of an art of living against Modern objections. Whereas many Modern philosophers think that we have to replace Ancient eudaimonism by the idea of moral obligation (Pflicht), Ho ̈ffe argues that Eudaimonism and autonomy-based ethics can be reconciled and integrated into a comprehensive and promising theory of a good life, if we enrich the idea of autonomy by the central elements of Ancient eudaimonism. Some common themes: The topics in Chinese and Hindu ethics are perhaps more familiar to modern western sensibilities than Homeric and even Socratic. Anagnostopoulos, Brickhouse and Smith, Frede, Liske, Rudebusch, and Russell all consider in contrasting ways the role of moral character, apart from intellect, in ethics. Brickhouse / Smith, Hardy, and Rudebusch discuss the Socratic con- ception of moral knowledge. Brickhouse / Smith and Hardy retain the standard view of the so called Socratic Intellectualism. Shields and Gerson both consider the question whether there is a single genus of goodness, or if the term is a homonym. Bussanich, McPherran, Taylor, and Delcomminette all consider the relation between religion and ethics. Pfister, Piering, Delcomminette, and Liske all consider what sort of freedom is appropriate to human well-being. Halbig, Detel, and Ho ̈ffe propose interpretations of main themes of Ancient ethics. (shrink)

In this paper, I propose to look closely at certain crucial aspects of the logic of Rawls' argument in Political Liberalism and related subsequent writings. Rawls' argument builds on the notion of comprehensiveness, whereby a doctrine encompasses the full spectrum of the life of its adherents. In order to show the mutual conflict and irreconcilability of comprehensive doctrines, Rawls needs to emphasise the comprehensiveness of doctrines, as their irreconcilability to a large extent emanates from that comprehensiveness. On the other hand, (...) in order to show the possibility and plausibility of the political liberal solution he needs to emphasise that most of these doctrines are reasonable: i.e., they are willing to cede a portion of their authority to political liberalism for the right reasons. Yet, if they are willing to cede a portion of their authority to a political conception they cannot be as comprehensive as we initially thought they were. All these elements highlight the tension in the argument itself. I suggest that many of these tensions can be removed by making Rawls' account more flexible. In this context I propose certain amendments to Rawls' account, which may overcome some of the tensions mentioned above. (shrink)

According to the common view, conscientious objection is grounded in autonomy or in ‘freedom of conscience’ and is tolerated out of respect for the objector's autonomy. Emphasising freedom of conscience or autonomy as a central concept within the issue of conscientious objection implies that the conscientious objector should have an independent choice among alternative beliefs, positions or values. In this paper it is argued that: (a) it is not true that the typical conscientious objector has such a choice (...) when they decide to act upon their conscience and (b) it is not true that the typical conscientious objector exercises autonomy when developing or acquiring their conscience. Therefore, with regard to tolerating conscientious objection, we should apply the concept of autonomy with caution, as tolerating conscientious objection does not reflect respect for the conscientious objector’s right to choose but rather acknowledges their lack of real ability to choose their conscience and to refrain from acting upon their conscience. This has both normative and analytical implications for the treatment of conscientious objectors. (shrink)

This paper discusses why speech regulations are logically necessary for any account of a moral right to free speech. My argument for limiting the right to free speech (and more widely any right to freedom) will be grounded in compossibility. Rights to freedom, formally speaking, are claims by an agent that other people not interfere with them; a compossible set of rights is one where the domains of permissible actions—permitted by each claim (and its correlative (...) duty) within the set—do not contradict one another across claims. I will argue that in order for claims to be coherent, they cannot generate contradictory domains, and that for a claim to non-interference to not generate contradictory domains across multiple people with the same claim, the claim must be restricted. This account as it currently stands can at least generate conclusions on the permissibility of incitement. (shrink)

According to Corey Brettschneider, we can protect freedom of religion and promote equality, by distinguishing religious groups’ claims to freedom of expression and association from their claims to financial and verbal support from the state. I am very sympathetic to this position, which fits well with my own views of democratic rights and duties, and with the importance of recognizing the scope for political choice which democratic politics offers to governments and to citizens. This room for political choice, (...) I believe, is necessary if people are to have any chance of reconciling the conflicting moral and political obligations they are likely to face, however idealized our conception of democracy or morality. Granted that no amount of personal and political choice will ever guarantee that we do not encounter tragic choices, and painfully conflicting moral demands, it is an important feature of democracy – or so I believe – that its rights reflect the importance of mitigating these conflicts so that people are able, as a rule, to act as they ought, so that they do not experience their moral sentiments, beliefs and capacities simply as grounds for recrimination, alienation and despair. I therefore believe that democracies have good reason not to force the consciences of the undemocratic and the intolerant, where it is possible to accommodate such people without threatening the rights of others. However, the fact that I share many of Brettschneider’s intuitions and beliefs does not mean that I share them all. In particular, I find his conception of democracy unduly narrow, and unduly based on a rather idealized conception of the American constitution which is unlikely to appeal to those whose conceptions of democracy are more republican, more socialist, more pragmatic and more international than his. I have explained these worries elsewhere and drawn out some of their implications for his arguments about privacy and judicial review. There is no need to repeat them here. I will also set to one side my worries about his uninflected, overly abstract and rather reified characterization of the State, in the hope that others will discuss this and that, in the end, a more nuanced conception of the State and a more lively appreciation of the conflicting people, institutions, histories and norms which make up most states, will prove consistent with his arguments. Finally, I do not propose to enter into a detailed discussion of the difficulties of Brettschneider’s overly abstract and reified conception of State ‘speech’ and ‘expression’ which, while motivated by the language of American constitutionalism, appears to cover pretty much anything a government might do, from raising and spending taxes, to accepting judicial interpretations of contested constitutional provisions, or to affirmatively pronouncing on the goals that will animate its legislative agenda and its aspirations for citizen’s lives. Again, while I would have wished for a more nuanced and analytical discussion of so central a concept as ‘expression’ and, in particular, expression by ‘the State’, I am uncertain that anything fundamental in Brettschneider’s account of citizen rights and duties would be altered in the process. Instead, then, I want to focus on points in Brettschneider’s argument that intrigue, and sometimes puzzle, me the most and where issues of nuance and clarification might make a substantial difference to our views of equality and religious freedom. (shrink)

Cosmopolis A Review of Cosmopolitics -/- 2015/3-4 -/- Editorial Dominique de Courcelles & Paul Ghils -/- This issue addresses the general concept of “spirituality” as it appears in various cultural contexts and timeframes, through contrasting ideological views. Without necessarily going back to artistic and religious remains of primitive men, which unquestionably show pursuits beyond the biophysical dimension and illustrate practices seeking to unveil the hidden significance of life and death, the following papers deal with a number of interpretations covering a (...) wide field extending from belief to theory, from emotions to concepts, from the wisdom of personal experience to the most sophisticated doctrines. Spirit and spirituality are indeed many-faceted notions. They may refer to the intricate world of the interacting spirits which inhabit living beings in animistic traditions, without excluding a “grand force” linking human beings within a dynamic whole on which their very existence rely . They also bear upon more atomistic and either/or approaches of Western philosophy, which have become embodied in Cartesian dualism against a monotheist background, to the point of freezing the essence of individuals and culminating in the extreme individualism that characterizes our contemporaries. However, this equally refers to the opposite conception of materialism, across times and cultures, from ancient India and Greece (Cārvāka, originally known as Lokāyata, or some Buddhist doctrines for the former, Democritus or Lucretius for the latter) to more contemporary materialistic schools, whether modern or postmodern. -/- The following papers look at the contrasting forms of the philosophy and spirit of the human factor set into a whole, with no artificial disjoint between the psychical and the physical levels, as Wittgenstein put it: “And how can a body have a soul?”. This approach is not unrelated to the notion of anthropocene examined in a recent issue of Cosmopolis, with provides another comprehensive framework open to a spiritual life emerging from the very environment that generated it. -/- *** The first section of this issue was edited by Dominique de Courcelles, director at the National French Research Centre (CNRS), whom we wish to thank for collecting relevant studies relating to the religious and political questions, with a view to focusing on the war of ideas inevitably waged behind images, concepts and perceptions, taking an asymmetrical approach. To the extent that they are mindful of global/local interactions and include representations, opinions and beliefs, such disciplines as philosophy, philology, history and social sciences can provide useful studies accounting for new practices in geopolitics and a fair diplomacy. -/- In her introduction, Dominique de Courcelles first poses the question of how the religious and political spheres interrelate, with their corresponding religious demands and humanistic values. She then suggests that the right question today may be breaking with the philosophy of human rights concerned with the defense of human beings against the hazards of arbitrary politics or the instrumental use of religion, in favour of a fair philosophy of humankind, a new humanism. This would consist in recognizing a common loyalty of all towards one interhuman, not only interstate community, to protect it from both the autonomy demanded by individuals and the instrumental use of minorities. -/- Considering the fact of diversity, so important today in terms of both politics and religion, Abdelhai Azarkan looks at the conditions under which tolerance could obtain the double status of right and duty. He revisits to two philosophers, John Locke and Voltaire, who thought about it from the historical reality of religious wars. The former made tolerance into a right, basing his analysis on the political-legal level, while the latter saw tolerance as a duty, from an analysis based on ethical-political criteria. -/- Mathieu Guidère examines what he calls semantic denominationalism, a term which implies religious attributes and identities, whichever national loyalties or personal belonging they may have at the same time. Since the early 2000s, thie phenomenon has expanded tremendously, compounded by the “war on terror” and the over media-oriented terrorist actions. Denominational expressions act as formal names for ordinary and high-profile players in domestic and foreign policies of democratic states. These systems reveal a receding secularization, while the powerful comeback of religious identities signals the failure of nation-states and the weakening of the humanist spirit. -/- Barbara De Poli retraces the history of a contemporary jihadism claiming its Islamic essence and asserting the truth of genuine coranic principles via the war on infidels, with a view to restoring the Caliphate. After defining the term jihad, she shows that even if this contemporary jiadism is spreading in the Muslim world, it radically departs from Islamic law and the received use of the term jihad, in so far as it is rooted in the early radical thinking of Islamic ideologues in the 20th century, starting with with Hassan al-Banna, the founder of the Muslim Brotherhood. This current has been fueled by by international conflicts since the outbreak of the war in Afghanistan, in which the so-called Western countries bear a major responsibility. -/- Abderrazak Sayadi starts from the Tunisian experience to ask the question of humanist values and democracy within the relationships between the religious and political spheres. As a historian of religion, he is brought to demystify certain islamic principles and to paying attention to the reform of law, seeing the separation of religion and politics as a precondition to a successful democratic gamble and the establishment of a renewed humanism. -/- Dominique de Courcelles reminds us that getting a better knowledge of narrations and words makes it possible to better understand how logical and rhetorical thinking works for those who wage an asymetriccal war, re-enchanting and mystifying the world to better take control. As soon as 1932, an exchange of letters between Einstein and Freud made it clear that, in order to free man from fatality and war, education understood as culture was fundamental. Such illustrations as the exécution of Oussama ben Laden and the Caliph’s speech in Mossoul show that a premiminary analysis of images and words is essential to a fair diplomacy conducted by people from civil society, whose culture and wisdom allow justice and force to speak together and better resist war. -/- Marcel Boisard thinks that on the day the guns fall silent, exhausted by war, we will not return to the state borders that have prevailed for a century as an outcome of the Sykes-Picot agreement of 1916. It is time to prepare the “day after”, which will be a huge challenge. To this end, a summit of Middle-East nations is urgently needed to globally decide the fate of those peoples. On the condition that we know who the enemy is and accept to name it, to understand the history of the countries, groups and alliances, and to question any false or self-interested sense of certainty. -/- *** In the second section, Paul Schafer provides the author’s experiences to explain how culture, from the artistic to the biological, has the power to to open the doors to spirituality, from the inner self to the global environment. He asks himself whether a relative permanence of spirituality can arise from the specific moments that characterize it. Laurent Ledoux synthesizes the conclusion of a symposium held on 22 January 2015 on the links between philosophy and management, on the basis of the spiritual dimension conceived as “natural” and the answers it may suggest to the issues that face the organizations in a “contemporaniversal” world. Jacques Rifflet makes that question in a secular perspective, based on the wellsprings of personal commitment before it can be caught by any religious creed or scientific theory. In this sense spirituality, in alliance with reason, both inspires human consciousness and illuminates its destiny. Sami Aldeeb asks himself whether Islam can be reconciled with human rights. Caught between the belief in an absolute and final Word descended from the sky, and evidence showing that any religion is the creation of a given culture and a society situated in time and space, the Makkan and … contexts et médinois call for differentiated, if not opposite answers and exegeses. Bernard Carmona provides the outline of a dialogical framework, which is known to be a feature of debates between the various philosophical schools of classical India, exemplified here by the transdisciplinary perspective of debates within a Buddhist context. *** The articles not focused on the previous topic include a study by Landry Signé on China’s strategy, competing with the United States to control African resources. The author deals with the specific case of China’s rapprochement with Southern Sudan since Sudan was broken up. In the last paper, Goran Fejić and Rada Iveković, return to the essential role that women should play, and comments upon the role of some international legal instruments related in particular to the elimination of all forms of discrimination. The perspective is transnational and transethnic and is based on secular criteria, as regards nation-building and more generally society-building. Considering the persistence of widespread violence, whether in times of armed conflict or in times of peace, the question remains whether it is possible to fully implement rights and justice instruments. (shrink)

Leo Strauss’ reading of al-Farabi is a meditation on the issue of how philosophers speak beyond their time and place. They must speak in such a way that they can be understood by the enlightened but avoid persecution by the vulgar masses. According to Strauss, al-Farabi recognized that the philosopher can be happy in the imperfect city democratic city because of its freedom of thought, while the masses can be truly happy only in the virtuous city. This leads him (...) to consider the possible role for the philosopher to advise the "enlightened prince" and to participate in the manipulation of the beliefs of the masses toward some enlightened goal – what we are now witnessing in our think-tank politics. But if we consider a truer reading of al-Farabi’s philosophy, it in many ways recognizes the importance of imperfections, ambivalences, and frontiers. Our intellectual and religious ideals are often beyond our reach – Plato’s “city in speech” – but yet these ideals can orient us and give us a sense of place even in our imperfect situations. For al-Farabi, the democratic city is the best of the imperfect cities, because its imperfections and freedoms allow for new possibilities. Today most of us live in this imperfect city, but this is precisely what allows us to maintain our connections with the past, and project many possibilities for the future. And it is what allows this conference to take place. (shrink)

The paper addresses the issue and theoretical articulations of religious tolerance, overviewing theoretical approaches of various authors - starting with the period of enlightenment. In that sense, we analyze the standpoints of John Locke, François Marie Arouet, Voltaire, Jean-Jacques Rousseau, John Stuart Mill, Andrew Heywood, John Rawls, Žolt Lazar, Aleksandar Prnjat and Đuro Šušnjić. At the end of the paper we give a short summary of the 18th century Habsburg Monarchy relation towards freedom of religious beliefs, (...) bearing in mind minority status of the Serbian community of Orthodox religion. (shrink)

In light of rampant fake news and disinformation in today's press and social media, I provide a new consequentialist argument that regulations on the media pertaining to certain false verifiable empirical facts are warranted. This contention is based in part on a collection of pre-existing empirical findings that I newly piece together from political science and psychology demonstrating that a post-truth society is likely with current media. My position is then defended from several counters, such as that it violates deontological (...) rights to free speech and to freedom of the press, that free speech leads to the acquisition of truth, and that government regulators can be biased and corrupt. (shrink)

With the publication of A Theory of Justice in 1971, John Rawls not only rejuvenated contemporary political philosophy but also defended a Kantian form of Enlightenment liberalism called “justice as fairness.” Enlightenment liberalism stresses the development and exercise of our capacity for autonomy, while Reformation liberalism emphasizes diversity and the toleration that encourages it. These two strands of liberalism are often mutually supporting, but they conflict in a surprising number of cases, whether over the accommodation of group difference, the (...) design of civic education, or the promotion of liberal values internationally. During the 1980’s, however, Rawls began to jettison key Kantian characteristics of his theory, a process culminating in the 1993 release of Political Liberalism and completing the transformation of justice as fairness into a Reformation liberalism. -/- Reconstructing Rawls argues that this transformation was a tragic mistake because it jeopardized the most important features of his theory, viz. the lexical priorities of right, liberty, and fair equality of opportunity as well as the difference principle. Controversially, this book contends that Rawls’s so-called “political turn,” motivated by a newfound interest in diversity and the accommodation of difference, has been unhealthy for autonomy-based liberalism and has pushed liberalism more broadly towards cultural relativism, be it in the guise of liberal multiculturalism or critiques of cosmopolitan distributive-justice theories. The book then demonstrates that the central elements of justice as fairness can only be defended within the context of a Kantian Enlightenment liberalism and that Rawls’s hope for a more pluralistic grounding for his theory, endorsed by a wide variety of belief systems present in modern democratic societies, is illusory. -/- Reconstructing Rawls is the first book to systematically compare Rawls’s and Kant’s theories and the first to offer an internal critique and reconstruction of justice as fairness, reconceiving it as a comprehensive, universalistic Kantian liberalism. By doing so, it gives us both the vision of a liberal world order—“a republicanism of all states, together and separately,” as Kant put it—and a mode of justification addressed to all men and women, not as members of particular nations, races, and faiths, but as human beings, as citizens of the world. In short, it reclaims Rawls for the Enlightenment. (shrink)

How should liberal societies respond to nonliberal ones? In this paper I examine John Rawls’s conception of international toleration against what is sometimes called a cosmopolitan one. Rawls holds that a just international order should recognize certain nonliberal societies, to which he refers as decent peoples, as equal members in good standing in a just society of peoples. It would be a violation of liberalism’s own principle of toleration to deny the international legitimacy of decent peoples who, among other (...) things, affirm human rights and accept peaceful coexistence with other societies. According to the cosmopolitan idea of international toleration, on the contrary, only societies that are liberal in character meet the criteria for toleration. I suggest that, against the Rawlsian conception of international toleration, the cosmopolitan idea is more consistent with the fundamentals of liberal political morality. I then clarify the ways in which cosmopolitan toleration is not worryingly interventionist even as it is not altogether toothless; and I end with some reflections on why cosmopolitism is not morally imperialistic. (shrink)

According to John Rawls’s famous Liberal Principle of Legitimacy, the exercise of political power is legitimate only if it is justifiable to all citizens. The currently dominant interpretation of what is justifiable to persons in this sense is an internalist one. On this view, what is justifiable to persons depends on their beliefs and commitments. In this paper I challenge this reading of Rawls’s principle, and instead suggest that it is most plausibly interpreted in externalist terms. On this alternative (...) view, what is justifiable to persons is not in any way dependent on, or relativized to, their beliefs and commitments. Instead, what is justifiable to all in the relevant sense is what all could accept as free and equal. I defend this reinterpretation of the view by showing how it is supported by Rawls’s account of the freedom and equality of persons. In addition, a considerable advantage of this suggestion is that it allows for an inclusive account of to whom the exercise of political power must be made justifiable. (shrink)

Unfortunately, many people today see the regulation of lies, disinformation, hate speech, and fake news as an infringement of free speech, at least when such speech is ‘political,’ despite the damage that such speech can do. But this very protective attitude toward speech rests on a mistaken understanding of the role of free speech in a liberal society. The right to free speech is based on the liberal value of freedom, and as (...) such can be no broader than freedom itself. And freedom has always been subject to reasonable limits in a liberal society. Indeed, while the principles of toleration and neutrality are often cited as supporting a broad interpretation of the right to free speech, they also tell us that certain limits apply to that right. We need not tolerate speech that encourages intolerance, and while government should be neutral between reasonable conceptions of the good, it need not be neutral between reasonable and unreasonable conceptions. These ideas form the framework of liberal society, and as I shall show, also provide a guide for understanding what kind of speech is protected in a liberal society and what it is not. (shrink)

Freedom of speech in universities is currently an issue of widespread concern and debate. Recent empirical findings in the UK shed some light on whether speech is unduly restricted in the university, but it suffers from two limitations. First, the results appear contradictory. Some studies show that the issue of free speech is overblown by media reportage, whilst others track serious concerns about free speech arising from certain university policies. Second, the findings exclude important issues (...) concerning restrictions to speech on campus that fall outside of the traditional debate around violations to free speech rights. This is particularly the case when certain voices are excluded from important policy conversations, and in issues around diversifying the curriculum. This paper overcomes these two limitations by developing a novel conceptual framework within which to situate current debates concerning speech related matters in universities. It does so by developing a taxonomy around the concept of ‘silencing’. It then considers the current issue of speech matters in universities within this framework to determine whether, and to what extent, speech is indeed unduly restricted, and where this is a concern for free speech violations, and where it falls outside of this issue. (shrink)

Are government restrictions on hate speech consistent with the priority of liberty? This relatively narrow policy question will serve as the starting point for a wider discussion of the use and abuse of nonideal theory in contemporary political philosophy, especially as practiced on the academic left. I begin by showing that hate speech (understood as group libel) can undermine fair equality of opportunity for historically-oppressed groups but that the priority of liberty seems to forbid its restriction. This tension (...) between free speech and equal opportunity creates a dilemma for liberal egalitarians. Nonideal theory apparently offers an escape from this dilemma, but after examining three versions of such an escape strategy, I conclude that none is possible: liberal egalitarians are indeed forced to choose between liberty and equality in this case and others. I finish the paper by examining its implications for other policy arenas, including markets in transplantable human organs and women’s reproductive services. (shrink)

Reforming Freedom of Speech to Eliminate Dogmatic and Negative Thinking and Behavior -/- Freedom of speech is a fundamental human right that allows individuals to express their thoughts, ideas, and beliefs without fear of government suppression. It has been a cornerstone of democratic societies, enabling progress through open dialogue and the exchange of diverse perspectives. However, freedom of speech also presents challenges, particularly when it allows for the spread of dogmatic thinking, misinformation, negative behavior, (...) and ideological extremism. The question arises: Can we reform freedom of speech to create a cultural mentality free from dogmatic thinking, negative thinking, and harmful behavior without compromising intellectual freedom? -/- The Role of Freedom of Speech in Intellectual and Behavioral Progress -/- Freedom of speech is crucial for intellectual and social development. It allows for questioning of dogma, whether religious, political, or ideological, and encourages open debate that helps refine knowledge and discard outdated or harmful beliefs. However, unrestricted speech can also enable the spread of misinformation, fear-based ideologies, and divisive rhetoric, which can entrench dogmatic thinking and encourage negative behavior. A well-balanced approach to reforming freedom of speech must ensure that while harmful speech and behavior are addressed, intellectual freedom and constructive dialogue remain protected. -/- Reforming Freedom of Speech Without Harming Intellectual and Cultural Growth -/- Rather than imposing rigid restrictions on speech, societies can implement reforms that guide how speech is used in constructive ways. This can be achieved through education, selective regulation, cultural transformation, and behavioral awareness. -/- 1. Education-Based Approach -/- Mandate critical thinking and logic training in schools: Teaching students how to analyze arguments, recognize logical fallacies, and differentiate between rational and emotional reasoning can significantly reduce the spread of dogmatic thinking and negative behaviors. -/- Teach media literacy: In the digital age, misinformation spreads rapidly. Educating individuals on how to verify sources, evaluate evidence, and distinguish propaganda from fact-based information is essential. -/- Encourage scientific literacy: A society that understands scientific principles is less likely to fall prey to ideological extremism and more likely to base decisions on evidence rather than emotion or tradition. -/- Foster emotional intelligence education: Encouraging self-awareness, empathy, and constructive communication can reduce negative behaviors such as hostility, intolerance, and impulsivity. -/- 2. Regulating Harmful Speech and Behavior Without Limiting Thought -/- Laws against incitement to violence, hate speech, and deliberate misinformation: While free speech should be protected, speech that causes direct harm, promotes violence, or spreads falsehoods with malicious intent should be regulated. -/- Promote fact-checking and responsible journalism: Media outlets and digital platforms should be encouraged to uphold ethical standards, ensuring that information shared with the public is accurate and balanced. -/- Encourage platform moderation: Social media platforms play a significant role in shaping public discourse. Implementing policies to prevent echo chambers of radical dogma, misinformation, and toxic behavior can help maintain a balanced and rational discussion environment. -/- 3. Promoting Constructive Speech, Cultural Transformation, and Positive Behavior -/- Encourage public discourse that values logic and evidence: Societies should foster an environment where rational discussion is appreciated over emotional or ideological rhetoric. -/- Promote public intellectuals and role models: Figures who exemplify balanced, critical thinking and positive behavior should be highlighted in media and education to inspire future generations. -/- Shift cultural norms to value evidence-based reasoning and ethical behavior: Encouraging a cultural shift where truth, facts, and rationality are held in high regard while fostering kindness, respect, and constructive interaction can help reduce the influence of dogmatic ideologies and harmful behaviors. -/- Use behavioral psychology insights to design better policies: Governments and institutions can use insights from psychology to craft policies that encourage cooperation, critical thought, and ethical decision-making. -/- Risks of Over-Regulation -/- While reforming speech and behavior policies can have benefits, excessive control poses serious risks: -/- Authoritarian tendencies: Over-regulation can lead to a government or ruling entity dictating acceptable speech and behavior, which may reinforce dogma rather than eliminate it. -/- Self-censorship: People may hesitate to express genuine ideas out of fear of punishment, leading to intellectual stagnation and a culture of conformity. -/- Subjectivity in defining dogma and negativity: If regulations aim to eliminate dogmatic thinking and negative behavior, determining what qualifies could itself become ideological enforcement. -/- A Balanced Solution: Reform Without Censorship -/- The most effective approach to eliminating dogmatic and negative thinking and behavior while preserving freedom of speech is through education, responsible media, and cultural evolution. Instead of limiting speech, societies should: -/- Strengthen education systems that emphasize critical thinking, logic, media literacy, and emotional intelligence. -/- Regulate speech and behavior only when they directly cause harm, such as incitement to violence or deliberate misinformation. -/- Encourage open and respectful debates where diverse viewpoints can be discussed rationally without fear of suppression. -/- Foster community programs that promote constructive discourse and ethical behavior. -/- Conclusion -/- Reforming freedom of speech to eliminate dogmatic and negative thinking and behavior is a delicate but necessary endeavor. Rather than restricting speech outright, societies must focus on education, responsible discourse, and cultural evolution to encourage rational and constructive thinking and interactions. By fostering an environment where critical thought, ethical behavior, and open-mindedness are valued over ideological conformity, humanity can move toward a more enlightened, balanced, and harmonious future. -/- . (shrink)

Robert Nozick initiated one of the most inspired and inspiring discussions in political philosophy with his 1974 response in Anarchy, State, and Utopia to John Rawls’s 1971 account of distributive justice in A Theory of Justice. These two works have informed an enormous amount of subsequent, especially liberal, discussions of economic justice, where Nozick’s work typically functions as a resource for those defending more right-wing (libertarian) positions, whereas Rawls’s has been used to defend various left-wing stances. Common to these (...) discussions, as found in politics generally (where similar kinds of arguments frequently are used to defend right and the left-wing policies and conclusions) is that they end in rather stubborn stalemates: the right defending minimal states while the left defends more extensive states. Interesting, too, is that both Nozick and Rawls take themselves to be consistent with, inspired by, and furthering Kant’s freedom project in the development of their own theories of justice. In this paper, I start by outlining the structures of these debates with an emphasis on the original disagreements between Nozick and Rawls. I then show how neither theory actually employed Kant’s own theory of justice, but rather drew on or out (presumed) implications of his ethical theory. In the final sections, I argue that if Nozick and Rawls had instead used Kant’s theory of justice and not his ethics, not only would their individual theories have been stronger, but they could have found ways of overcoming the unproductive stalemates that characterize their own as well as subsequent related discussions of economic justice as we currently find them in much scholarly and contemporary political debate. (shrink)

The Responsibility of Freedom of Speech and the Role of Media in Propagating Correct Knowledge -/- In modern societies, freedom of speech is often heralded as a fundamental right, allowing individuals to express their thoughts and opinions freely. However, the concept of absolute freedom of speech is not without its flaws. When viewed through the lens of natural laws, including the universal law of balance, the unchecked exercise of speech can lead to societal (...) imbalances. It is essential to recognize that while individuals should be allowed to voice their opinions, this freedom comes with the responsibility to ensure that speech contributes positively to societal harmony, personal growth, and the well-being of others. This responsibility extends beyond individual action and applies to all forms of media, which play a significant role in shaping public discourse and the flow of information. -/- The Concept of Freedom of Speech and its Pitfalls -/- Freedom of speech, in its ideal form, allows individuals to express their ideas and beliefs without fear of censorship or retribution. This principle is grounded in the belief that diverse viewpoints contribute to the flourishing of democratic societies. However, the unrestricted nature of this freedom can also lead to unintended consequences. When individuals or groups disseminate harmful misinformation, spread hate speech, or manipulate public sentiment for selfish gain, the foundational balance within society is disrupted. The unchecked expression of falsehoods or inflammatory rhetoric can create divisions, incite violence, or foster ignorance—outcomes that are contrary to the well-being of individuals and the harmony of society. -/- The spreading of false beliefs, misinformation, or gossip can be especially damaging. Such behavior not only distorts reality but also erodes trust within communities, making it more difficult for people to distinguish between truth and falsehood. False beliefs can lead to irrational fears, biases, or hatred, and when spread, they contribute to the further fragmentation of societies. In the age of digital media, these harmful narratives can quickly go viral, reaching vast audiences before they can be corrected, amplifying their negative impact. -/- From the perspective of the universal law of balance, the free exchange of ideas must be aligned with the greater good, ensuring that speech contributes to constructive discourse and societal progress. Words are powerful, and their impact on both the individual and collective mind can shape reality in profound ways. Therefore, freedom of speech should not be seen as an absolute right devoid of responsibility. Rather, it must be accompanied by an awareness of its potential effects and a commitment to using it to foster understanding, unity, and truth. -/- The Role of Media In Shaping Knowledge -/- Media, whether traditional or digital, plays a central role in how information is disseminated to the public. In today’s interconnected world, media outlets, including news organizations, social media platforms, and content creators, have an unprecedented influence on shaping public opinion. Given this influence, media must be held to high standards of responsibility, as it is the primary vehicle through which society consumes knowledge. -/- The responsibility of the media extends beyond merely reporting facts; it includes the duty to ensure the accuracy, reliability, and relevance of the information shared. Media outlets must prioritize the dissemination of truth, fact-check their sources, and avoid sensationalism that can distort public perception. Misinformation, especially when propagated through powerful media channels, can have lasting consequences on public trust, societal stability, and personal decision-making. The rapid spread of gossip, rumors, or fake news can lead to unnecessary panic, conflict, or even harm, demonstrating the real dangers of unchecked speech. -/- In the age of information overload, the role of the media is to sift through the noise and present knowledge in a balanced, accessible, and responsible manner. This involves not only reporting on events but also offering analysis and context that help the public understand the deeper implications of the information being shared. Media must act as a filter, ensuring that the knowledge people receive aligns with reality, helps individuals make informed decisions, and contributes to the greater good. -/- The Need for Media Literacy and Accountability -/- As media consumers, individuals must also take responsibility for their engagement with information. Media literacy—the ability to critically analyze, evaluate, and interpret media content—is a crucial skill in today’s world. With the proliferation of social media platforms, where misinformation can spread rapidly, it is more important than ever for individuals to be discerning about the sources of information they trust. Education systems worldwide must prioritize media literacy as part of their curricula, teaching students how to identify credible sources, distinguish between fact and opinion, and recognize the potential for manipulation in media messages. -/- For the youth, empowering them to critically engage with media is especially vital. With the rise of social media and peer-to-peer communication, young people are particularly susceptible to the influence of misinformation and gossip. The spread of rumors or false information among peer groups can have serious social consequences, including damaged reputations, broken friendships, and even bullying. It is essential to foster a sense of personal responsibility in the youth by teaching them the importance of verifying information before sharing it and the harmful effects of spreading unverified or negative content. -/- Youth should be empowered to practice empathy and discernment when interacting with information. Schools, families, and communities can collaborate to teach the younger generation about the consequences of gossip and misinformation—how they can harm individuals, societies, and even themselves. Encouraging open dialogue about the ethical use of information and the value of truth can help instill the importance of responsible speech in the youth. By creating a culture that values truth over sensationalism and empathy over gossip, we can work toward a more informed and balanced society. -/- At the same time, media organizations must be held accountable for the content they produce and share. This accountability requires strong ethical guidelines and transparency, ensuring that media outlets prioritize public welfare over profits or political agendas. The role of media is not merely to entertain or persuade but to educate, inform, and serve as a reliable source of knowledge. Failure to adhere to these responsibilities can lead to misinformation, polarization, and the erosion of public trust. -/- The Importance of Legal Laws in Preventing the Spread of False Information -/- While personal responsibility and media literacy are essential, legal frameworks also play a crucial role in curbing the spread of false information. In the Philippines, laws like the Cyber Libel Law (Republic Act No. 10175) serve as vital tools for combating online defamation, false information, and harmful content. This law holds individuals accountable for spreading libelous statements or malicious rumors online, providing a legal recourse for those affected by misinformation. -/- Such legal measures are important because they act as deterrents, encouraging individuals and organizations to think carefully before sharing content that could harm others or society at large. Legal laws like the Cyber Libel Law help ensure that the digital space is not misused for malicious purposes, such as spreading false beliefs, gossip, or misinformation that can cause public harm. These laws serve to protect individuals’ reputations and prevent the viral spread of content that could lead to social unrest or personal injury. -/- Furthermore, legal frameworks can also push media outlets and digital platforms to take more proactive measures in monitoring and controlling the spread of misinformation. By enforcing penalties for the dissemination of harmful content, governments can encourage media organizations and platforms to adopt stricter content policies and invest in fact-checking mechanisms. Legal safeguards not only protect individuals but also promote accountability, ensuring that those responsible for the creation and dissemination of false information are held liable. -/- While freedom of speech is crucial, the presence of legal frameworks ensures that this right is not abused to the detriment of others. These laws help strike a balance between protecting the right to express opinions and maintaining societal harmony by preventing the spread of falsehoods and malicious gossip. -/- The Balance Between Freedom of Speech and Responsibility -/- In light of the universal law of balance, freedom of speech must be exercised with a sense of duty. The right to express oneself must not come at the expense of societal harmony or the well-being of others. Media, as a conduit for knowledge and discourse, must prioritize accuracy, accountability, and ethical standards in its operations. This includes ensuring that the information they share is balanced, relevant, and rooted in truth. -/- At the same time, it is important to recognize that all individuals, including media practitioners, are part of a larger system. Every word spoken, every article written, and every broadcast made contributes to the collective reality we all experience. The impact of these actions ripples out into society, influencing minds, shaping behaviors, and creating a feedback loop that can either strengthen or weaken the fabric of society. By embracing responsibility in speech and media practices, we can help ensure that our collective decisions align with the natural balance of the world around us, fostering a society that values truth, understanding, and mutual respect. -/- Conclusion -/- The concept of freedom of speech, while important, cannot be viewed as a blanket entitlement devoid of responsibility. The power of speech, when unchecked, can disrupt the natural balance of society, leading to harm, division, and ignorance. Media, as a central vehicle for disseminating knowledge, holds a critical responsibility in ensuring that the information shared is accurate, reliable, and serves the greater good. In this context, freedom of speech should be understood as a tool for fostering truth and unity, not as an unregulated license to mislead or divide. -/- Legal frameworks, such as the Cyber Libel Law, provide essential safeguards, holding individuals accountable for the harm caused by false information. By aligning speech and media practices with the principles of balance, responsibility, and truth, society can move toward a more informed, harmonious, and just future. Moreover, empowering the youth to become responsible consumers and sharers of information is essential in cultivating a generation that values truth, empathy, and ethical communication, ultimately promoting a balanced and well-informed society. -/- . (shrink)

There can be no doubt that discrimination based on sex, race, ethnicity, religion or beliefs should not be tolerated in academia. Surprisingly, however, in recent years, policies of Diversity, Inclusion and Equity(DIE), officially introduced to counteract discrimination, have increasingly led to quite the opposite result: the exclusion of individuals who do not share a radical 'woke' ideology on identity politics (feminism, other gender activisms, critical race theory, etc.), and to the suppression of the academic freedom to discuss such dogmas. (...) This subversion of academia ― disguised Trojan-horse style as universal human rights advocacy ― is unacceptable because academia must be politically neutral and protect freedom of speech, a cornerstone of professional scholarly activity without which universities as we know them will slowly but surely suffocate. -/- Our purpose here is to put together some particularly illustrative cases of such repression in a single book, testifying to a ubiquitous trend within western culture, irreducible to a few isolated complaints. The essays contained here illustrate the abuse of power, censorship and witch-hunts at many universities and research centres in the name of DIE. -/- List of coauthors in alphabetical order: Dorian Abbot, Tomonori Agoh, Gerhard Amendt, Ivar Arpi, David Benatar, Peter Boghossian, Civitas Research Team, David Díaz Pardo de Vera, Pedro Domingos, Janice Fiamengo, Étienne Forest, Jorge Gibert Galassi, Norman Goldstuck, José L. González Quirós, Lawrence M. Krauss, Patrick LaBelle, Martín López Corredoira, Heather Mac Donald, Martin Malmgren, Erik. J. Olsson, Jordan Peterson, Constantin Polychronakos, Philip C. Salzman, Alessandro Strumia, Tom Todd, Andrei Yafaev. (shrink)

Why must we respect others’ rights to dispute scientific knowledge such as that the Earth is round, or that humans evolved, or that anthropogenic greenhouse gases are warming the Earth? In this paper, I argue that in On Liberty Mill defends the freedom to dispute scientific knowledge by appeal to a novel social epistemic rationale for free speech that has been unduly neglected by Mill scholars. Mill distinguishes two kinds of epistemic warrant for scientific knowledge: 1) the positive, (...) direct evidentiary warrant that scientific experts construct for their knowledge by applying the methods Mill had set out in his A System of Logic, Ratiocinative and Inductive, and 2) a social testimonial warrant that the non-expert “public” has for what Mill refers to as their “rational[ly] assur[ed]” beliefs on scientific subjects. Mill does not argue that scientific claims can never be proven true with complete practical certainty to scientific experts, nor does he argue that scientists must engage in free debate with critics such as flat-earthers in order to fully understand the grounds of their scientific knowledge. Instead, Mill argues that in the absence of the freedom to dispute scientific knowledge, non-experts cannot establish that scientific experts are credible sources of testimonial knowledge. To establish the credibility of scientific expert speakers, non-expert audiences must have a rational assurance, Mill argues, that experts have satisfactory answers to objections that might undermine the positive, direct evidentiary proof of scientific knowledge. But since non-experts cannot distinguish objections that undermine such expert proof from objections that do not, censorship of any objection — even the irrelevant objections of literal or figurative flat-earthers — will prevent non-experts from determining whether scientific expert speakers are credible. Hence, while censoring irrelevant objections would not undermine the positive, direct evidentiary warrant that scientific experts have for their knowledge, doing so would destroy the non-expert, social testimonial warrant for that knowledge. The asymmetry between how expert scientific speakers and non-expert audiences warrant their scientific knowledge is what both generates and necessitates Mill’s social epistemic rationale for the “absolute” freedom to dispute it. (shrink)

In his seminal essay, 'Two Concepts of Rules', John Rawls draws a central distinction between justifying a practice and justifying a particular action falling under it. In this review, Leslie Allan walks through Rawls's essay, highlighting his key arguments for a strengthened version of rule utilitarianism and reflecting on the lasting influence of his analysis.

This article advances a critical analysis of John Rawls’s justification of liberal democratic nuclear deterrence in the post-Cold War era as found in The Law of Peoples. Rawls’s justification overlooked how nuclear-armed liberal democracies are ensnared in two intransigent ethical dilemmas: one in which the mandate to secure liberal constitutionalism requires both the preservation and violation of important constitutional provisions in domestic affairs, and the other in which this same mandate requires both the preservation and violation of the liberal (...) commitment to international legal arrangements and to the rule of law generally. On this view, the choice to violate constitutional provisions and international legal arrangements is evidence of nuclear despotism. Moreover, this choice does not imply that the ethical foreign policy dilemmas were resolved. Instead, it implies that the dilemmas force liberal democratic governments into implementing ethically paradoxical policy outcomes. (shrink)

According to Philip Pettit, we should understand republican liberty, freedom as ‘non-domination,’ as a ‘supreme political value.’ It is its commitment to freedom as non-domination, Pettit claims, that distinguishes republicanism from various forms of liberal egalitarianism, including the political liberalism of John Rawls. I explain that Rawlsian political liberalism is committed to a form of non-domination, namely, a ‘political’ conception, which is: (a) limited in its scope to the ‘basic structure of society,’ and (b) ‘freestanding’ in nature (...) (that is, compatible with the ‘fact of reasonable pluralism’). I show that the political conception of non-domination is an integral part of political liberalism through an exploration of the kind of citizenship education that political liberalism mandates for all students. Such an education would impart to future citizen the skills and knowledge necessary for them to realize republican freedom vis-à-vis their political institutions, their workplaces, and, by means of an enforceable ‘right of exit,’ the various associations to which they might belong. (shrink)

Decommodification is an important support for the development of our excellences and the pursuit of our freedom of conscience. In order to show this, the paper will be structured as follows. First, it will be argued that a decommodified social threshold of goods and services is a necessary part of a free-standing politically liberal conception of justice. The authors to be reviewed in this section are R.H. Tawney and John Rawls. The second section will discuss a compendium of (...) possible decommodified goods and services. Finally, an alternative of partial decommodification and a brief comment on basic income grants will be presented in the last sections. (shrink)

O debate fomentado nos anos oitenta entre liberais e “comunitaristas” tende a contrastar radicalmente as concepções teóricas de John Rawls e Charles Taylor, sendo o primeiro o representante principal da vertente liberal e o segundo do “comunitarismo”. Ao contrário do que sustenta essa distinção, neste artigo proponho ir para além dela, a fim de defender que há convergências dos autores no que tange à discussão sobre o pluralismo. Em um primeiro momento, apresento os diagnósticos de Rawls e de Taylor (...) quanto ao fato do pluralismo nas sociedades modernas como uma característica contextual irreversível (I). Em um segundo momento, diante da tensão ética insuperável entre divergentes concepções bem, a saída mais viável caminha para a justiça. Para tanto, desenvolvo a concepção de “justiça política” de Rawls em “O Liberalismo Político” e as publicações mais recentes de Charles Taylor como em “Secularism and Freedom of Conscience”, “A Secular Age” e “Why We Need a Radical Redefinition of Secularism?”, que parecem sustentar certa “virada liberal-rawlsiana” no pensamento do autor (II). Em um terceiro momento, efetuo uma distinção entre o fato do pluralismo (razoável) e o valor do pluralismo, para finalmente concluir o artigo argumentando que tanto Rawls como Taylor tendem a defender o pluralismo como um valor político para as instituições e não como um valor moral abrangente para os indivíduos. (shrink)

John Rawls’s writings on just war, though limited, shed important light on the ethics of political violence. This chapter explores Rawls’s contribution to just war theory, paying particular attention to how he differs from his contemporary, Michael Walzer, as well as from future methodological sympathizers, the “revisionists,” who also turn to analytical philosophy to draw insights about just war. In contrast to the “revisionists,” however, Rawls does not take the reductive individualist turn. Rather, he extends the original position that (...) defines the domestic setting to peoples inhabiting the international level. This assumption sets the stage for his theorizing about just war, which tracks closely with Kant (on democratic peace theory) and Walzer (on supreme emergency), while offering insights into just war against “outlaw” states, individual conscientious objection in response to unjust wars, and the role that just war tenets might play in setting the stage for peace. Ultimately, Rawls’s thinking about the place of political collectives in the international domain offers insights for better navigating the methodological disagreements between traditional and revisionist views of just war from a largely untapped but analytically rigorous, perspective. (shrink)

I argue for the recognition of a particular kind of interest that one has in freedom of expression: an interest served by expressive activity in forming and discovering one’s own beliefs, desires, and commitments. In articulating that interest, I aim to contribute to a family of theories of freedom of expression that find its justification in the interests that speakers have in their own speech or thought, to be distinguished from whatever interests they may also have as (...) audiences or third parties for speech. Although there are many differences among such speaker-centered theories, a core commitment that most share is that expressive liberty plays a fundamental role in securing or constituting some form of individual self-realization. My account is a defense and elaboration of what I take to be one specific way in which the nature of such self-realization should be understood. In my proposal, self-realization is sometimes internally related to the very activity of expression, viz, expressing ourselves is one way in which we come to form and know our own minds. (shrink)

There are other problems for John Rawls’s philosophy that can be extracted from Henry Sidgwick’s discussion of the priority of freedom, apart from the problem H.L.A. Hart focuses on. This paper considers one such problem – that it is an empirical issue whether a sane adult is better off more free, rather than something to be assumed – and presents one Rawlsian solution.

Is the family subject to principles of justice? In "A Theory of Justice", John Rawls includes the (monogamous) family along with the market and the government as among the, "basic institutions of society", to which principles of justice apply. Justice, he famously insists, is primary in politics as truth is in science: the only excuse for tolerating injustice is that no lesser injustice is possible. The point of the present paper is that Rawls doesn't actually mean this. When it (...) comes to the family, and in particular its impact on fair equal opportunity, (the first part of the Difference Principle, Rawls' second principle of justice), he abandons the priority of justice. I also argue that he is right to do so. -/- The central argument is simple. As Rawls admits, what family one is raised by profoundly affects one's life chances: a child raised by a family has far greater life chances on every dimension than one raised in a poorer family that may lack books, education, and time to give the child attention. But the prevailing family arrangements in the industrialized West, assigning children to be raised by their biological parents, is guaranteed to perpetuate this injustice. While Rawls says an unjust institution in the basic structure of society, in which he includes the family, must be, "reformed or abolished," he refrains from calling for the reform or abolition of the family. We must simply work around it to compensate for the injustices he admits it involves. And this despite the fact that alternative arrangements involving communal child-rearing (Plato) or assigning children to those best qualified to raise them (Rousseau) are common in the philosophical literature. Moreover, the practice of having children raised by their biological parents is a relatively recent one, at least in the West, where, before the late 18th century, fostering-out or apprenticeship arrangements were normal and expected for both rich and poor for centuries. -/- Much of the paper is devoted to fine-grained textual analysis of Rawls' attempts to avoid the devastating implications of this argument for his theory of justice -- much of which are stated only in the original edition of "A Theory of Justice" and simply deleted, without substitution by anything better, in the second edition. In the end, Rawls has no way out. He cannot keep the priority of justice, fair equality of opportunity, and the monogamous family in which children are raised by their biological parents. As he admits, these are mutually inconsistent. -/- In the final part of the paper, I argue that Rawls should give up on the priority of justice. While child-rearing by the biological parents is a historical anomaly, in the real modern world it would be politically unfeasible to institute Platonic, Rousseauean, or similar legislation that purportedly assigned children to those best able to raise them, regardless of biological relationship. Since Rawls is committed to principles of political stability and feasibility, as he should be, and since ought implies can, such proposals are off the table. I concur with Rawls that we must work around this injustice, even those there are more just arrangements available in principle. But the cost of this -- less high than Rawls suggests -- is abandoning the principle of the priority of justice. Justice is one of a number of considerations that we must or may balance in deciding on the best attainable social relations. It is not a trump. However, this comes a great cost for Rawls: he must also abandon the lexical ordering of principles of justice or, in general, right or good principles of social order, in favor of the messy intuitionist balancing that his theory is designed to avoid. -/- One feature of the paper that is worth independent attention is a discussion of Marx's rejection of justice in the Critique of the Gotha Program, which I explicate, and urge, without adopting it, that it has a great deal more force than is widely understood. (shrink)

The Violation of the Absolute Law of Free Will: The Consequences of Misinformation and the Flaws in Freedom of Speech -/- Introduction -/- Free will is often regarded as humanity’s defining characteristic—the ability to make choices based on conscious thought, personal experience, and available information. However, free will is not merely about the freedom to choose; it is intrinsically tied to the accuracy and reliability of the information upon which those choices are made. The absolute law of (...) free will, when correctly understood, dictates that human decision-making must be 100 percent dependent on correct information. Any deviation from this principle, through misinformation, disinformation, or ignorance, constitutes a violation of this law and results in imbalanced, often detrimental outcomes for individuals and society as a whole. -/- Complicating this issue is the modern interpretation and implementation of freedom of speech and expression. While these freedoms are fundamental to democratic societies, they come with inherent flaws when unchecked. The unregulated dissemination of false or misleading information under the guise of free speech creates significant challenges in maintaining the integrity of information and, consequently, free will. -/- The Foundation of Free Will: Correct Information -/- The exercise of genuine free will requires access to accurate, reliable information. Decisions made under false pretenses or incomplete knowledge are not truly free but are instead manipulated or constrained by external distortions. The mind operates like a system that processes inputs (information) to generate outputs (decisions and actions). If the input is flawed, the output will inevitably be compromised. -/- For instance, when individuals base their choices on misinformation—such as health-related decisions influenced by false medical advice—they act under the illusion of free will. However, their actions, though seemingly voluntary, are dictated by incorrect data. This demonstrates that true free will can only exist when individuals are fully informed by verifiable facts. -/- The Law of Karma and the Feedback Mechanism of Information -/- The universal law of karma, which involves the principle of cause and effect, also applies to the relationship between free will and information. Every decision and action causes a ripple effect that influences future outcomes. When decisions are made based on falsehoods, the resulting negative consequences, such as social conflict, health crises, and societal instability, reflect the karmic response to the imbalance created by misinformation. -/- Information functions as a feedback mechanism within societal systems. When this feedback loop is polluted with inaccuracies, the entire system becomes unstable. For example, the propagation of false information about climate change has delayed necessary global actions, causing environmental deterioration. The violation of free will through the spread of misinformation disrupts the natural balance of societal decision-making, leading to long-term consequences that extend beyond individual choices. -/- The Flaws In the Laws of Freedom of Speech and Expression -/- Freedom of speech and expression is a cornerstone of democratic societies, allowing individuals to voice their opinions, share ideas, and engage in open discourse. However, this freedom is not absolute and, when exercised irresponsibly, can directly violate the absolute law of free will. The flaws within these legal frameworks become evident when misinformation, disinformation, and harmful propaganda are disseminated without accountability. -/- 1. The Spread of Misinformation and Disinformation The unrestricted nature of freedom of speech has led to the proliferation of misinformation across social, political, and scientific domains. False narratives regarding health, such as anti-vaccine propaganda, have endangered public health and undermined free will by providing individuals with inaccurate information on which to base their decisions. -/- 2. The Manipulation of Public Opinion Political propaganda, fake news, and conspiracy theories exploit the principles of free speech to manipulate public perception. Authoritarian regimes and interest groups often use misinformation to influence elections, sway public opinion, and maintain power. When people make decisions based on manipulated narratives, their free will is compromised. -/- 3. The Role of Social Media and Digital Platforms Social media platforms, while fostering global communication, have amplified the spread of misinformation. Algorithms designed to maximize engagement often prioritize sensational or misleading content over factual information. The lack of regulatory measures on these platforms creates an environment where misinformation spreads more rapidly than truth, resulting in collective decision-making that violates the law of balance. -/- 4. The Challenge of Regulation Regulating freedom of speech without infringing upon individual liberties presents a significant challenge. Striking a balance between protecting free expression and preventing the spread of false information requires well-defined legal frameworks, global cooperation, and ethical considerations. -/- 5. Hate Speech and Its Societal Impact The misuse of freedom of speech to propagate hate speech, incite violence, and promote division disrupts societal harmony. Misinformation about certain groups, ethnicities, or religions fosters discrimination and social unrest, further violating the balance required for the proper exercise of free will. -/- The Societal Impact of Misinformation -/- Misinformation has far-reaching effects on societal structures, particularly in democratic systems where public decision-making relies heavily on the availability of correct information. The manipulation of information through propaganda, conspiracy theories, and biased media distorts collective free will, leading to decisions that do not reflect the genuine, informed will of the people. -/- Elections, for instance, are a prime example. When voters are misled by false narratives or deceptive political strategies, their electoral decisions are no longer expressions of true free will. The outcomes of such manipulated decisions often result in societal discord, poor governance, and disillusionment with democratic processes. In this way, misinformation violates the collective free will of entire populations. -/- The Role of Education in Upholding the Absolute Law of Free Will -/- To protect and uphold the absolute law of free will, society must prioritize a holistic educational system that emphasizes critical thinking, information literacy, and scientific inquiry. Education should equip individuals with the ability to discern fact from fiction, understand the sources of information, and recognize the potential biases inherent in various media channels. -/- An educational system grounded in the universal law of balance in nature can act as a safeguard against misinformation. By teaching individuals how to process information through rational, evidence-based methods, we can foster a societal environment where decisions are consistently made based on truth. This, in turn, ensures that free will is exercised in its purest form. -/- The Role of Artificial General Intelligence (AGI) in Preserving Free Will -/- The rapid advancement of AGI presents both challenges and opportunities regarding the preservation of free will. If AGI systems are designed based on the universal formula that emphasizes accurate information, natural balance, and critical thinking, they can become powerful tools for protecting free will. These systems can help filter misinformation, verify facts, and provide individuals with reliable data upon which to base their decisions. -/- However, the potential misuse of AGI, such as the intentional spread of disinformation for political or economic gain, represents a significant risk. Ensuring that AGI adheres to principles grounded in the universal law of balance and the law of cause and effect is essential to maintaining the integrity of human decision-making. -/- Conclusion -/- The absolute law of free will is inseparable from the requirement for correct information. Any decision made under the influence of misinformation, disinformation, or ignorance represents a fundamental violation of this law. The consequences of such violations are evident in societal conflicts, poor health outcomes, environmental degradation, and governance failures. -/- The flaws Inherent in the laws surrounding freedom of speech and expression further complicate this issue. While these freedoms are essential for societal growth and the exchange of ideas, their misuse creates significant obstacles to the proper exercise of free will. To safeguard free will, society must invest in education, promote information literacy, implement responsible regulations for free speech, and ensure the ethical development of AGI systems. -/- By adhering to the principle that free will is 100 percent dependent on correct information, humanity can create a more stable, balanced, and harmonious society, where individuals and communities alike can make decisions that align with the natural laws governing human behavior and societal development. -/- . (shrink)

In this article I interpret John Rawls’s concept of the original position as a spiritual exercise. In addition to the standard interpretation of the original position as an expository device to select principles of justice for the fundamental institutions of society, I argue that Rawls also envisages it as a “spiritual exercise”: a voluntary personal practice intended to bring about a transformation of the self. To make this argument, I draw on the work of Pierre Hadot, a philosopher and (...) classicist, who introduced the idea of spiritual exercises as central to ancient and modern conceptions of philosophy. By reading Rawls alongside Hadot, this article portrays Rawls as a thinker deeply concerned with the question of how subjects can lead more just and fulfilling lives. It also proposes that the original position as a spiritual exercise can help defend liberalism as a social and political doctrine. (shrink)

This paper discusses the influence of digital media and its online presence on freedom of speech in Vietnam by analyzing three different kinds of emerging online media tools: blogosphere, electronic/online newspapers, and social media networks (SNSs). As a single- party socialist republic country, the controlling power of the media lays in the hands of the Communist Party of Vietnam (CPV). The Doi Moi reform in 1986, marketization and the introduction of the Internet in 1997 have slightly transformed the (...) Vietnamese media environment, however, it remains highly restricted. This paper explores several sources including academic research, research articles, as well as analysis of online press coverage in the Vietnamese media environment to examine governmental control over the media which influences the free flow of information. Understanding digital media developments within the Vietnamese online media environment helps us to understand how Vietnamese netizens utilize these tools to maximize their online freedom of speech, the CPV"s approach to regulate the Internet in order to maintain its legitimacy, and several challenges facing Vietnamese netizens including bloggers, journalists, and the wider public in the digital age. (shrink)

This dissertation defends a “non-ideal theory” of justice: a systematic theory of how to respond justly to injustice. Chapter 1 argues that contemporary political philosophy lacks a non-ideal theory of justice, and defends a variation of John Rawls’ famous original position – a Non-Ideal Original Position – as a method with which to construct such a theory. Chapter 1 then uses the Non-Ideal Original Position to argue for a Fundamental Principle of Non-Ideal Theory: a principle that requires injustices to (...) be dealt with in whichever way will best satisfy the preferences of all relevant individuals, provided those individuals are all rational, adequately informed, broadly moral, and accept the correct “ideal theory” of fully just conditions. Chapter 2 then argues for the Principle of Application – an epistemic principle that represents the Fundamental Principle’s satisfaction conditions in terms of the aims of actual or hypothetical reformist groups. Chapters 3-5 then use these two principles to argue for substantive views regarding global/international justice. Chapter 3 argues that the two principles establish a higher-order human right for all other human rights to promoted and protected in accordance with the two principles of non-ideal theory. Chapter 4 argues that the two principles defeasibly require the international community to tolerate unjust societies, provided those societies respect the most basic rights of individuals. Finally, Chapter 5 argues that the two principles imply a duty of the international community to ameliorate the most severe forms of global poverty, as well as a duty to pursue “fair trade” in international economics. (shrink)

We characterize, more precisely than before, what Rawls calls the “analytical” method of drawing up a list of basic liberties. This method employs one or more general conditions that, under any just social order whatever, putative entitlements must meet for them to be among the basic liberties encompassed, within some just social order, by Rawls’s first principle of justice (i.e., the liberty principle). We argue that the general conditions that feature in Rawls’s own account of the analytical method, which employ (...) the notion of necessity, are too stringent. They ultimately fail to deliver as basic certain particular liberties that should be encompassed within any fully adequate scheme of liberties. To address this under-generation problem, we provide an amended general condition. This replaces Rawls’s necessity condition with a probabilistic condition and it appeals to the standard liberal prohibition on arbitrary coercion by the state. We defend our new approach both as apt to feature in applications of the analytical method and as adequately grounded in justice as fairness as Rawls articulates the theory’s fundamental ideas. (shrink)

For liberalism, values such as respect, reciprocity, and tolerance should frame cultural encounters in multicultural societies. However, it is easy to disregard that power differences and political domination also influence the cultural sphere and the relations between cultural groups. In this essay, I focus on some challenges for cultural pluralism. In relation to Indian political theorist Rajeev Bhargava, I discuss the meaning of cultural domination and epistemic injustice and their historical and moral implications. Bhargava argued that as a consequence of (...) colonialism, “indigenous cultures” were inferiorized, marginalized, and anonymized. Although cultures are often changing due to external influences, I argue that epistemic injustice implies that a culture is forced to subjection, disrespected, and considered as inferior and that it threatens the dominated people’s epistemic framework, collective identity, and existential security. Finally, I refer to John Rawls’s theory of political liberalism as a constructive approach to avoid parochialism and Western cultural domination -/- . (shrink)

John Rawls was a major 20th-century political philosopher, and his work was animated by his loathing of the fact that many of the circumstances of human lives were due to fortune. Why should there be inequalities among men, he asked, that were produced by mere blind luck? To support his intuition, he came up with a version of social contract theory built around the device of the "original position." We imagine that people gather up for a discussion of what (...) social institutions are best, but they forget, in order not to be swayed by their own personal interests, who they are in the actual society. They do not know their religion, social position, wealth and income, their particular ends, or anything else that might prejudice their judgment. Under this veil of ignorance, they – or rather the philosopher who is shattered into numerous ghostly persons – seek to come to an agreement regarding the just basic structure of society. This book demolishes Rawls' every argument in support of his egalitarianism and shows that the original position, to the extent that it is not completely sterile, outputs libertarianism and laissez-faire capitalism. It defends the view of justice as either a virtue or a legal system that promotes harmony and progress in human affairs. (shrink)

This article compares James M. Buchanan's and John Rawls's theories of democratic governance. In particular it compares their positions on the characteristics of a legitimate social contract. Where Buchanan argues that additional police force can be used to quell political demonstrations, Rawls argues for a social contract that meets the difference principle.

John Rawls shares the Enlightenment's commitment to finding moral and political principles which can be reflectively endorsed by all individuals autonomously. He usually presents reflective autonomy in Kantian, rationalist terms: autonomy is identified with the exercise of reason, and principles of justice must be constructed which are acceptable to all on the basis of reason alone. Yet David Hume, Adam Smith and many other Enlightenment thinkers rejected such rationalism, searching instead for principles which can be endorsed by all on (...) the basis of all the faculties of the human psyche, emotion and imagination included. The influence of these sentimentalists on Rawls is clearest in his descriptive moral psychology, but I argue that it is also present in Rawls's understanding of the sources of normativity. Although this debt is obscured by Rawls's explicit "Kantianism," his theory would be strengthened by a greater understanding of its debts to the sentimentalist Enlightenment. (shrink)

I examine an objection against autonomy-minded liberalism sometimes made by philosophers such as John Rawls and William Galston, that it rules out ways of life which do not themselves value freedom or autonomy. This objection is incorrect, because one need not value autonomy in order to live an autonomous life. Hence autonomy-minded liberalism need not rule out such ways of life. I suggest a modified objection which does work, namely that autonomy-minded liberalism must rule out ways of life (...) that could not develop under an autonomy-promoting education. I conclude by suggesting some reasons why autonomy-minded liberals should bite the bullet and accept this. (shrink)

People sometimes use speech to interfere with other people’s speech, as in the case of a heckler sabotaging a lecture with constant interjections. Some people claim that such interference infringes upon free speech. Against this view, we argue that where competing speakers in a public forum both have an interest in speaking, free speech principles should not automatically give priority to the ‘official’ speaker. Given the ideals underlying free speech, heckling speech sometimes deserves priority. (...) But what can we say, then, about situations in which heckling clearly seems to infringe upon people’s civil liberties, in a way that intuitively justifies intervention? In such cases, we argue, heckling infringes upon people’s associative freedom. We present and defend an ethical framework for the institutional management of ‘Speech Fights’, geared around this insight. (shrink)

The main purpose of this work is to examine John Rawls’ views on guilt and shame, as well as briefly review the relationship between his theory of moral development and the problem of stability. First of all, in order to fully reveal the subject, it is important to outline the central views on moral emotions developed in Ethics. So, in the first part of the work, four families of moral emotions developed by Jonathan Haidt and the principal differences between (...) shame and guilt will be studied. The second part will examine John Rawls’ theory of the development of the moral sense of guilt, as well as his reflections on shame. In the final part of the work, Rawls’ theory of the moral development of individuals and the prerequisites for acquiring a sense of justice in conjunction with the problem of stability will be studied in main terms. (shrink)

There are many different kinds of libertarianism. The first is right libertarianism, which received its most powerful expression in Robert Nozick’s Anarchy, State and Utopia (1974), a book that still sets the baseline for discussions of libertarianism today. The second, I will call faux libertarianism. For reasons I will explain in this paper, most ‘man-on-the-street’ libertarians and most politicians who claim to be libertarians are actually this kind of libertarian. And third, there is left libertarianism, which is what I shall (...) spend most of this paper explicating. But I will not simply be surveying the views of those who identify as left libertarians and put this forth as if I were engaged in an exegetical exercise. Instead, what I shall set forth is a kind of manifesto, a statement of why I consider myself a left libertarian, one that takes this approach to political morality well beyond where it was left around the end of the last century by the previous generation of left libertarians. My hope is to provide those who find certain left libertarian ideas attractive a guide by which they can explain and harmonise their own views, recognise left libertarianism as a distinct comprehensive political doctrine, and feel more open to identify themselves as left libertarian too. (shrink)

In this paper, I transcend the abstract engagement of J. L. Austin's Speech Acts theory and explore their sociopolitical advantages, using the Nigerian social space as my primary experimental field. Nigerian social space is quite hierarchical and progresses along apparently asymmetrical lines of social relationship (in most cases). This in turn, accentuates some sort of power dynamics. In every communication, there is an implicit reinforcement of the social fabric as well as the power dynamic, either through one person's percep6of (...) the social status of the other or, of one's emphasis of power dynamic over the other. Austin's theory comes to the fore as a very laudable framework to map this interesting sociological facts. This work then, offers a philosophical contribution to an otherwise, sociological/anthropological fact. My job in this paper, is to explore a sociopolitical negotiation of Austin's theory in a multiethnic nation-state as Nigeria where hierarchy and power dynamics are heavily emphasized. This paper thus highlights the importance of the perlocutionary acts and the felicity conditions, and also accentuates their implications for social interactions and power dynamics in the Nigerian social space. (shrink)

Why did Locke exclude Catholics and atheists from toleration? Not, I contend, because he was trapped by his context, but because his prudential approach and practica ljudgments led him to traditiona ltexts. I make this argumentfirst by outlining the connections among prudential exceptionality, practical judgments, and traditional texts. I then describe important continuities betweenc onventional English understandings of the relationship between state and religion and Locke's writings on toleration, discuss Locke's conception of rights, and illustrate his use of prudential exceptions (...) and distinctions. I conclude by arguing that Locke's problems are relevant to assessingc ontemporary liberal discussions of tolerationa nd the separation of state and religion that lean heavily on practical justifications. (shrink)

This paper is a critical investigation of the concept of inclusion. It argues that the alternatives or disjuncts in the strict or exclusive disjunction are mutually exclusive: either we exclude, or we include – no middle ground. The choice to either totally exclude or totally include is a political exercise of freedom of being indifferent to differences or being deferent to differences respectively. In this context, inclusion is viewed as a critical attitude towards pluralism that accepts, but not without (...) deep examination, the breaches of totality and the advances of the radical alterity. The paper begins with [1] a careful examination of the politics of exclusion that exposes and discusses exclusive tendencies of some laws, systems, policies, views, traditions, cultures, and practices. The succeeding parts deal heavily with [2] the navigation of inclusive spaces as a response to conditional or quasi-inclusive spaces, [3] moral justifications of inclusion using Immanuel Kant and John Rawls’ ethical frameworks, and [4] a thoughtful exploration of the role of language in the inclusion of the alterity in a pluralistic age in the lenses of Emmanuel Levinas and Paulo Freire. The paper ends with [5] an articulation of the logic of exclusion-inclusion towards the dialectics of inclusion as a necessarily transforming or transformative process - the means and the end. Save a few, most of the concrete historical examples that are [re]presented in the discussions are admittedly landmark Philippine jurisprudence. Even the laws that are [re]cited never escaped the Philippine context. (shrink)

For some contemporary liberal philosophers, a huge concern is liberal neutrality, which is the idea that the state should be neutral among competing conceptions of the moral good pursued by the people. In The Morality of Freedom, Joseph Raz argues that we can neither achieve nor even approximate such neutrality. He shows that neutrality and fairness are different ideas. His notion of neutrality is stricter than John Rawls's and Ronald Dworkin's. Raz shows that both helping and not helping (...) can be neutral or non-neutral, thus neutrality is chimerical. Wojciech Sadurski's appeal to rational expectations does not necessarily tell us which action is neutral. Distinguishing between comprehensive and narrow neutrality, Raz also claims that only the former is a proper response to conflicts. Sadurski criticizes it, claiming that conflicts are comprehensive in a sense which does not deny the adequacy of the narrow neutrality. In reality, however, it is almost impossible to achieve even the narrow neutrality. A theory is presented to explain why political neutrality is almost impossible to achieve. Philosophically, there is no neutral ground for neutral politics. (shrink)

Starting from the ‘Dewey Lectures’, Rawls presents his conception of justice within a contextualist framework, as an elaboration of the basic ideas embedded in the political culture of liberal-democratic societies. But how are these basic ideas to be justified? In this article, I reconstruct and criticize Rawls’s strategy to answer this question. I explore an alternative strategy, consisting of a genealogical argument of a pragmatic kind – the kind of argument provided by authors like Bernard Williams, Edward Craig and Miranda (...) Fricker. I outline this genealogical argument drawing on Rawls’s reconstruction of the origins of liberalism. Then, I clarify the conditions under which this kind of argument maintains vindicatory power. I claim that the argument satisfies these conditions and that pragmatic genealogy can thus partially vindicate the basic ideas of liberal-democratic societies. (shrink)