The article analyzes the legislative issues on equal marriage in P. R. China. It adopts a path dependency analysis on the liberal institutional order’s effects to the regime’s structural discrimination on the lesbian, gay, bisexual, and transgender (LGBT) population. The research adopted a duo-lingual paradigm on Christianity with intercultural and transnational interpretations, and the research found the mis-adaption of language in the Chinese text of the United Nations charter is the key source to the suppression of the LGBT population (...) in mainland China. Furthermore, theological development for sexually diverse interpretations of the Bible is essential to mitigate the stigmatization of the LGBT population on a comparative constitutional review. (shrink)

This article reflects on an in‑depth reading of a publication exploring the question of transsexualism and transsexuals in Poland, as well as the experiences resulting from the medical care of such individuals. The first part of the text is a supplement with essential information from the medical field, which to a large degree is uncovered in the book under review. The second part presents critical comments relating to the book’s contents both in terms of the information it contains (on a (...) theoretical level) and equally in terms of its research (on an empirical level). In the conclusion, both the overall positive aspects of the publication as well as its weaker points are summed up in general terms. (shrink)

Social scientists have paid insufficient attention to the role of law in constituting the economic institutions of capitalism. Part of this neglect emanates from inadequate conceptions of the nature of law itself. Spontaneous conceptions of law and property rights that downplay the role of the state are criticized here, because they typically assume relatively small numbers of agents and underplay the complexity and uncertainty in developed capitalist systems. In developed capitalist economies, law is sustained through interaction between private agents, courts (...) and the legislative apparatus. Law is also a key institution for overcoming contracting uncertainties. It is furthermore a part of the power structure of society, and a major means by which power is exercised. This argument is illustrated by considering institutions such as property and the firm. Complex systems of law have played a crucial role in capitalist development and are also vital for developing economies. (shrink)

During the 1960s and 1970s, institutionalists and behavioralists in the discipline of political science argued over the legitimacy of the institutional approach to political inquiry. In the discipline of philosophy, a similar debate concerning institutions has never taken place. Yet, a growing number of philosophers are now working out the institutional implications of political ideas in what has become known as “non-ideal theory.” My thesis is two-fold: (1) pragmatism and institutionalism are compatible and (2) non-ideal theorists, following the example (...) of pragmatists, can avoid a similar debate as took place between institutionalists and behavioralists by divulging their assumptions about institutions. (shrink)

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

Debunking skeptics claim that our moral beliefs are formed by processes unsuited to identifying objective facts, such as emotions inculcated by our genes and culture; therefore, they say, even if there are objective moral facts, we probably don’t know them. I argue that the debunking skeptics cannot explain the pervasive trend toward liberalization of values over human history, and that the best explanation is the realist’s: humanity is becoming increasingly liberal because liberalism is the objectively correct moral stance.

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

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

In the emerging literature on judgment aggregation over logically connected proposi- tions, expert rights or liberal rights have not been investigated yet. A group making collective judgments may assign individual members or subgroups with expert know- ledge on, or particularly affected by, certain propositions the right to determine the collective judgment on those propositions. We identify a problem that generalizes Sen's 'liberal paradox'. Under plausible conditions, the assignment of rights to two or more individuals or subgroups is inconsistent (...) with the unanimity principle, whereby unanimously accepted propositions are collectively accepted. The inconsistency can be avoided if individual judgments or rights satisfy special conditions. (shrink)

There is a close conceptual relation between the notions of religious disenchantment and scientific naturalism. One way of resisting philosophical and cultural implications of the scientific image and the subsequent process of disenchantment can be found in attempts at sketching a reenchanted worldview. The main issue of accounts of reenchantment can be a rejection of scientific results in a way that flies in the face of good reason. Opposed to such reenchantment is scientific naturalism which implies an entirely disenchanted worldview. (...) However, one of the main problems of scientific naturalism are placement problems. A reenchanted worldview does have the conceptual resources to avoid placement problems, yet seems to throw out the baby with the bathwater. A dilemma results: the Scylla of an undesirable scientific naturalism and the Charybdis of a rampant, seemingly prescientific reenchanted worldview. In this article I argue that there is a safe middle passage between these two options, i.e. the recently proposed liberal naturalism which allows for a moderate normative reenchantment. Liberal naturalism lets us have it both ways: avoiding the placement problems while retaining a necessary and reasonable adherence to science, thereby avoiding both an all-too restrictive scientific naturalism. (shrink)

My aim in this chapter is to push back against the tendency to emphasize Mill’s break from Bentham rather than his debt to him. Mill made important advances on Bentham’s views, but I believe there remains a shared core to their thinking—over and above their commitment to the principle of utility itself—that has been underappreciated. Essentially, I believe that the structure of Mill’s utilitarian thought owes a great debt to Bentham even if he filled in that structure with a richer (...) conception of human nature and developed it in more liberal directions. This commonality is revealed, in particular, in Mill’s own institutional designs and practical reform proposals in Considerations on Representative Government and related writings. If this is right, then the tendency of interpreters to highlight their differences rather than their similarities has been to the detriment of both Mill and Bentham scholarship, and so to our understanding of the rise of liberal utilitarianism. (shrink)

This paper asks whether we can defend associative duties to our compatriots that are grounded solely in the relationship of liberal co-citizenship. The sort of duties that are especially salient to this relationship are duties of justice, duties to protect and improve the institutions that constitute that relationship, and a duty to favour the interests of compatriots over those of foreigners. Critics have argued that the liberal conception of citizenship is too insubstantial to sustain these duties — indeed, (...) that it gives us little reason to treat compatriots any differently from how we treat foreigners, with all the practical consequences that this would entail. I suggest that on a specific conception of liberal citizenship we can, in fact, defend associative duties, but that these extend only to the duty to protect and improve the institutions that constitute that relationship. Duties of justice and favouritism, I maintain, cannot be particularised to one's compatriots. (shrink)

When is a testimony-based belief justified? According to so-called "Anti-Reductionism," the principle that a hearer is prima facie justified to take what another tells them at face value is true. I call this position "Liberal Foundationalism." I call it "liberal" for it is more liberal than "Moderate Foundationalism" that holds that perception-based beliefs are prima facie justified but testimony-based beliefs are not. Liberal Foundationalism has two interpretations: the principle is a contingent empirical truth, or an a (...) priori necessary truth. I call the view that the principle is a priori necessary "Liberal Fundamentalism." This chapter defends Liberal Fundamentalism against objections in the first half, and then in the second half it introduces "Weak Liberal Fundamentalism," the view that it is a priori necessary that testimony provides some epistemic support, but perhaps not enough, absent defeat, for knowledge. In later work I abandon the view that the principle is a priori necessary, but I still maintain the distinction between Strong and Weak variants of the principle, and the replies to many of the objections to the principle. (shrink)

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

The received view holds that there is a significant divide between full-blown representational states and so called ‘detectors’, which are mechanisms set off by specific stimuli that trigger a particular effect. The main goal of this paper is to defend the idea that many detectors are genuine representations, a view that I call ‘Strong Liberal Representationalism’. More precisely, I argue that ascribing semantic properties to them contributes to an explanation of behavior, guides research in useful ways and can accommodate (...) misrepresentation. (shrink)

Although much has been written about the truth-conditions of de re attitude reports, little attention has been paid to certain ‘ultra-liberal’ uses of those reports. We believe that if these uses are legitimate, then a number of interesting consequences for various theses in philosophical semantics follow. The majority of the paper involves describing these consequences. In short, we argue that, if true, ultra-liberal reports: bring counterexamples to a popular approach to de re attitude ascriptions, which we will call (...) ‘descriptivism’; and combine with independently plausible principles about the logic of belief to imply that subjects can achieve omniscience about what exists from the armchair. Although we are not committed to the view that ultra-liberal reports are false, in the final part of the paper we discuss the prospects of pursuing a line according to which the acceptability of such reports ought not be taken at face value. We conclude by arguing that those who are sympathetic with this move might have reason to doubt the truth of an even broader class of acceptable de re attitude reports, namely those that have been taken to undermine orthodox accounts of de re attitude ascriptions. (shrink)

The aim of this commentary is to critically examine Matti Häyry’s article ‘Just Better Utilitarianism’, where he argues that liberal utilitarianism can offer a basis for moral and political choices in bioethics and thus could be helpful in decision-making. This commentary, while generally sympathetic to Häyry’s perspective, argues that Häyry should expand on who belongs to our moral community because, to solve practical ethical issues, we need to determine who (and what) deserves our moral consideration. Challenging Häyry’s principle of (...) actual or prospective existence, this commentary suggests that – at least sometimes – the quality of life of those who will never come into existence matters. In a similar vein, this commentary aims to show that determining how to treat mindless humans such as fetuses might pose difficulties for liberal utilitarianism unless the issue of the boundaries of the moral community is addressed. (shrink)

After a regime-changing war, a state often engages in lustration—condemnation and punishment of dangerous, corrupt, or culpable remnants of the previous system—e.g., de-Nazification or the more recent de-Ba’athification in Iraq. This common practice poses an important moral dilemma for liberals because even thoughtful and nuanced lustration involves condemning groups of people, instead of treating each case individually. It also raises important questions about collective agency, group treatment, and rectifying historical injustices. Liberals often oppose lustration because it denies moral individualism and (...) ignores rule of law, and their only justifications for lustration are consequentialist ones. This article suggests that lustration may not necessarily be a problem for liberals. While group treatment might be justified on grounds of convenience and pragmatism in times of transitional justice, there are also valid moral arguments consistent with moral individualism and due process for wholesale group punishment after a war. This article offers four overlapping moral justifications, in a robust defense of the core concept of lustration that is covered by each argument. (shrink)

For a long time, economic growth has been seen as the most promising source of funds to use toward reducing economic inequality, as well as a necessity if we are aiming at achieving full employment. But one of the most troubling aspects of the recent exponential rise in economic inequality is that this rise has occurred despite continued economic growth. Increases in national income have gone almost exclusively to the super-rich, while real wages for almost everybody else have stagnated or (...) even declined. And while the unemployment rate dropped significantly before the coronavirus pandemic hit, good, permanent, high-wage jobs with benefits had by then often been replaced by temporary, part-time, low-wage jobs without benefits, leaving even the employed feeling economically insecure. And now, of course, unemployment is again skyrocketing, and it is unclear how long it might take to come down. As a result, we have now arrived at a point of reckoning: can we continue to believe that liberal capitalism is the most promising combination of economic and political ideologies for securing a prosperous and just future? If not, what might replace it? Is the problem capitalism, or is it liberalism? Are we up against economic forces that we cannot influence or control, or is it our political will and the liberal values we endorse that are being tested? This paper looks at all these questions, and suggests how we might think about the prospects for a liberal future. (shrink)

Using Australia to illustrate the case, in this paper it is argued that the transformation of universities into businesses and the undermining of the liberal arts is motivated by either contempt for or outright hostility to democracy. This is associated with a global managerial revolution that is enslaving nations and people to the global market and the corporations that dominate it. The struggle within universities is the site of a struggle to reverse the gains of the Radical Enlightenment, the (...) tradition of Enlightenment that, committed to upholding and developing the civic humanism of the Renaissance, strove for liberty, understood as democratic self-governance. The central place the liberal arts had in upholding this liberty is shown. Inspired by the Ancient Greek notion of paideia, the liberal arts, which originated in republican Rome, was the form of education required designed for free people, in opposition to the specialist education appropriate for slaves, to inspire them to maintain their liberty and enable them to govern themselves. While not always upholding this ideal, it is argued in this paper that the liberal arts always kept alive this quest for liberty, bequeathing this quest to the Renaissance philosophers and to the proponents of the Radical Enlightenment. With managerialism and the undermining of democracy, such education and the questioning, creative people it produced, are now seen as a threat to the new global corporatocracy who, to achieve cultural hegemony, have coöpted university managers and academics to impose their agenda to cripple the liberal arts. Their goal, never fully articulated as such but successfully prosecuted, is a dumbed-down population. (shrink)

This paper focuses on liberation as the experience of pervasive radiance.

Over the past ten years or so, the position of Liberal Nationalism has progressed from being an apparent oxymoron to a widely accepted view. In this paper I sketch the most prominent liberal defenses of nationalism, focusing first on the difficulties of specifying criteria of nationhood, then criticizing what I take to be the most promising, culture-based defense, forwarded by Will Kymlicka. I argue that such an approach embroils one in a pernicious conservatism completely at odds with the (...) global justice concerns that I take to be central to liberalism with its core values of equality and liberty. (shrink)

În acest capitol prezint neutralismul liberal urmând, în esență, patru pași. Încep cu definirea neutralismului și cu unele precizări și explicații importante pentru înțelegerea adecvată a susținerii lui fundamentale. Al doilea pas este dedicat evidențierii și explicării celor mai importante argumente neutraliste. Mă concentrez apoi asupra caracterizării principalelor versiuni ale acestei teorii politice și a reliefării argumentelor pe baza cărora se legitimează ele. În sfârșit, într-un ultim pas, expun obiecțiile sau argumentele anti-neutraliste și – totodată – replicile neutraliștilor liberali (...) la ele. Și de această dată este vorba, trebuie să precizez, doar despre obiecțiile cele mai importante (și mai „rezonabile”), nu despre toate obiecțiile, mai mult sau mai puțin plauzibile, care au fost aduse neutralismului de criticii săi. (shrink)

(Winner of The Res Publica Essay Prize) This article defends a moderate version of state perfectionism by using Gerald Gaus’s argument for liberal neutrality as a starting point of discussion. Many liberal neutralists reject perfectionism on the grounds of respect for persons, but Gaus has explained more clearly than most neutralists how respect for persons justifies neutrality. Against neutralists, I first argue that the state may promote the good life by appealing to what can be called “the qualified (...) judgments about the good life,” which have not been considered by liberal perfectionists including Joseph Chan and Steven Wall. Then I clear up several possible misunderstandings of these judgments, and argue that: (a) moderate perfectionism does not rely on controversial rankings of values and is committed to promoting different valuable ways of life by pluralistic promotion; and (b) moderate perfectionism requires only an indirect form of coercion in using tax money to support certain moderate perfectionist measures, which is justifiable on the grounds of citizens’ welfare. Thus, I maintain that moderate perfectionism does not disrespect citizens, and is not necessarily unfair to any particular group of people. It is, in fact, plausible and morally important. The defence of moderate perfectionism has practical implications for the state’s policies regarding art development, drug abuse, public education, and so on. (shrink)

The increasing number of residents and citizens with non-Western cultural backgrounds in the European Union (EU) has prompted the question of whether EU member states (and other Western democracies) can accommodate the newcomers and maintain their free polities (‘liberal democracies’). The answer depends on how important – if at all – cultural groundings are to democratic polities. The analysis of a fascinating Habermas-Ratzinger debate on the ‘pre-political moral foundations of the free-state’ suggests that while legitimacy originates on the will (...) of the citizens that conform the political community, liberal democracies might not be completely free from moral principles implicit in their political culture. This possibility has normative implications for the political future of the EU - and of the West in general - particularly regarding immigration, integration and citizenship policies. (shrink)

According to the scientific image, aesthetic experience is constituted by private reverie or mindless gratification of some kind. This image fails to fully acknowledge the theoretical and hence cultural aspect of perception, which includes aesthetic experience. This chapter reframes aesthetic reflective judgment in terms of perceptual processes (section 2); intentional pleasure (section 3); non-perceptually represented perceptual properties (section 4); and intersubjectivity (section 5). By clarifying the relevant terms, the liberal naturalist account of the sublime provides the link between the (...) sublime and moral motivation (section 6). (shrink)

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)

El artículo ofrece una interpretación de la controversial y aparentemente inaceptable caracterización de la poesía desarrollada por Platón en la República. Los objetivos principales de la discusión son: aclarar las motivaciones de dicha caracterización, desentrañar los múltiples y discontinuos argumentos que la componen, y evaluar críticamente sus aciertos y sus límites. Se concluye que no todas las posturas que adopta Platón frente a la poesía son insostenibles, y que cuando sí lo son las razones para ello resultan particularmente esclarecedoras. The (...) article offers an interpretation of the controversial and apparently unacceptable characterization of poetry developed in Plato's Republic. The main objectives of the discussion are: to clarify the motivations for such characterization, to disentangle the various and discontinuous arguments that compose it, and to critically evaluate its limitations and the extent of its defensibility. It is concluded that not all the positions adopted by Plato with respect to poetry are unsustainable, and that when they are, this is due to reasons which result particularly revealing. (shrink)

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

Understanding the relationship between experts and laypeople is crucial for understanding today’s world of post-truth and the contemporary crisis of liberal democracy. The emergence of post-truth has been linked to various phenomena such as a flawed social and mass media ecosystem, poor citizen education, and the manipulation tactics of powerful interest groups. The paper argues that the problem is, however, more profound. The underlying issue is laypeople’s inevitable epistemic dependence on experts. The latter is part and parcel of the (...) “risk society” in which people question the scientific consensus and thus are able to manipulate the facts. It is a powerful weapon in the hands of illiberal democrats, though liberal democrats can make no use of it. The latter downplay the problem of citizens’ epistemic deficits and of the epistemic asymmetries between them. The third and fourth generations of deliberative democrats are a perfect example. The paper argues that the concepts of interactional expertise and epistemic dependence explain why understanding between experts and laypeople is impossible. The said phenomena undermine liberalism’s unrealistic assumptions concerning citizens’ decision-making competence. (shrink)

ABSTRACT A new ‘political philosophy’ is indispensable to the ‘post-Corona world,’ and this paper tries to analyze the future of ‘liberal democracy’ in it. It shows that ‘liberal democracy’ faces a ‘global crisis’ that has begun before, but the ‘novel Coronavirus pandemic,’ as a setback for it, strongly encourages that crisis. ‘Liberalism’ and ‘democracy,’ which had long been assumed by ‘political philosophers’ to go together, are now becoming decoupled, and the ‘liberal values’ of ‘democracy’ are eroding. To (...) find why and how, this paper analyzes ‘authoritarianism,’ ‘totalitarianism,’ and the evils and propensities of ‘democracy’ that bring about further erosions of ‘liberal values.’ There may be difficult trade-offs to be made between ‘liberal’ and ‘authoritarian’ ‘values’ - and, after the experience of ‘Coronavirus,’ this paper shows the ‘illiberal or authoritarian democracy’ may become stronger. -/- KEYWORDS: democracy, liberalism, liberal democracy, illiberal democracy, the novel Coronavirus pandemic, Covid-19, authoritarianism, totalitarianism. -/- EXTENDED ABSTRACT For almost a century in West, ‘democracy’ has meant ‘liberal democracy’-a political system marked not only by ‘free and fair elections,’ but also by ‘liberal values.’ ‘Liberalism’ applied to the problem of the limits of the criminal law would require commitment to the presumption in favor of ‘liberty.’ If the word ‘liberal’ is to have any utility in this context, it should refer to one who has so powerful a commitment to ‘liberty’ that she is motivated to limit the number of acknowledged liberty-limiting or coercion-legitimizing principles as narrowly as possible. So, she only believes in ‘harm-principle’ as the morally relevant reason for criminal prohibitions. ‘Offense principle’ and ‘paternalistic’ and ‘moralistic’ considerations, when introduced as support for penal legislation, have no weight at all. So, it means ‘autonomy’ and ‘self-regarding vs. other-regarding actions distinction’ based on which the human is the owner of her mind and body and everything consenting adults do is beyond the realm of morality and law. It leads to ‘individual’ ‘basic rights and liberties’ such as ‘basic rights and liberties’ of ‘speech,’ ‘religion,’ and ‘property’ and ‘collective’ ‘basic rights and liberties’ such as ‘basic rights and liberties of assembly,’ ‘civil society,’ ‘political pluralism,’ ‘democratic institutions,’ and ‘non-governmental organizations.’ ‘Liberalism’ also believes in ‘equality of conditions, ‘equal and free participatory rights in political decision making,’ and ‘collective self-governance.’ It also believes in the ‘rule of law,’ a ‘separation of powers,’ and ‘checks and balances.’ However, even under fair and free elections, the elected leaders can be ‘populists,’ ‘ultra-nationalists,’ ‘racists,’ ‘fascists,’ and ‘authoritarians’ who do not respect ‘inviolable basic rights and liberties,’ and suppress ‘minorities.’ Democratically elected leaders can routinely ignore constitutional limits on their power and deprive their citizens of ‘basic rights and liberties.’ The two strands of ‘liberal democracy’ have been coming apart in the world, and the ‘liberal’ elements of ‘democracy’ have been fraying and eroding even before the ‘novel Coronavirus pandemic.’ Even before the Coronavirus hit, there was already much discussion of a crisis of ‘liberal democracy.’ In particular, there has been a debate about whether ‘liberalism’ and ‘democracy,’ which had long been assumed to go together, were becoming decoupled. This paper shows ‘liberal democracy’ faces a ‘global crisis’ that had begun before the ‘novel Coronavirus pandemic.’ It also analyzes ‘authoritarianism,’ ‘totalitarianism,’ ‘liberalism,’ and ‘democracy’ and shows that Covid-19 is a setback for ‘liberal democracy.’ What is striking about the current moment is that many of the ‘liberal’ elements of ‘democracy’ are so far holding up under immense pressure. ‘Illiberal democracies’ seemed to be emerging in many countries. This model of ‘illiberal democracy,’ in which elections continue to be held but some individual rights and liberties are curtailed, may emerge stronger from this new crisis. In that sense, the ‘pandemic’ may become a challenge not only to ‘democracy’ as such but also to ‘liberal democracy’ in particular – in other words, a system of popular sovereignty together with guaranteed basic rights, such as freedom of association and expression and checks and balances on executive power. ‘Authoritarian’ procedures may succeed in mitigating the spread of the ‘Coronavirus,’ but the world now faces another problem: that when the virus recedes, many ‘liberal democracies’ will be far less ‘liberal’ or ‘democratic’ than they were before. In times of crisis, ‘liberal values’ have been ignored temporarily in the name of executive power. However, the ‘temporary’ can become ‘permanent.’ In addition, if citizens lose their faith in the legitimacy of ‘liberal democracy’ as the best form of government, and think ‘liberal democracy’ cannot function effectively during a crisis, and ‘authoritarian regimes’ manage the crisis more decisively, the world will slide towards ‘illiberal or authoritarian democracy,’ and many ‘liberal democracies’ will be at grave risk of failure. There may now be difficult trade-offs to be made between those basic rights and security - and, after the experience of Covid-19, many citizens may choose security. (shrink)

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

In this article, I argue that stability is one of the enabling conditions for epistocratic arrangements to function well and justify their claim right to rule. Against this backdrop, I demonstrate that advocates of strategies to allocate exclusive decision-making power to knowledgeable citizens fail to demonstrate that in a context marked by the fact of pluralism, liberal epistocracies will be stable. They could argue that liberal epistocracies will be stable because epistocratic arrangements are better equipped than democratic decision-making (...) bodies to produce outcomes that approximate the common good. They could argue that liberal epistocracies will be stable because there is a shared meritocratic set of values and ideas. Furthermore, they could opt for two standard liberal strategies, such as overlapping consensus and modus vivendi. Yet, in all cases, the argument for the stability of liberal epistocracies is not persuasive. (shrink)

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

Despite the end of the Cold War and the ascendancy of liberal democracy celebrated by Francis Fukuyama as “the end of history”, a growing number of scholars and political activists point to its inherent shortcomings. However, they have tended to dismiss it on the basis of one or two of its salient weaknesses. While this is a justifiable way to proceed, it denies the searching reader an opportunity to see the broad basis for the growing rejection of liberal (...) democracy among African political theorists. Consequently, in this article, I argue that from an African perspective, the almost hegemonic status of liberal democracy can be challenged on at least five grounds, namely, logical inconsistency, impracticability due to the largely communalistic outlook of many africans, inconsistency between affirmation and action, violation of the right to ethnic identity, and the moral imperative to assert the right to cultural emancipation. -/- I conclude by calling upon African and Africanist political theorists to utilise indigenous African political thought, coupled with emancipatory aspects of political thought from other parts of the world, to design practicable models of democracy for contemporary African states. I further conclude that in order to promote genuine inter-cultural dialogue on democratisation, people from Western cultures ought to acknowledge the equality of all cultures, and to recognise that systems of governance are part and parcel of those cultures. (shrink)

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

As neither a classical naturalist nor a non-naturalist, Merleau-Ponty appears to be a moderate or liberal naturalist. But can a phenomenologist really be a naturalist, even a liberal one? A lot hinges on how we tease this out, both as to whether it is plausible to claim Merleau-Ponty as a liberal naturalist (I argue it is), and as to whether it is an attractive and coherent position. Indeed, despite its important challenges to orthodox naturalism, there are arguably (...) two traps to avoid. If it becomes too liberal, we get: dualism or an ontological pluralism that is difficult to distinguish from a constructivism; or, in seeking to sidestep that metaphysical dilemma, there is sometimes an insistence on an overly neat methodological separation between description/understanding and explanation that is belied in practice (both scientific and philosophical). It is doubtful that such positions can legitimately claim to be naturalist in orientation, liberal or not. Merleau-Ponty’s philosophy avoids these traps, however, and it is thus a useful resource for contemporary work trying to navigate between scientific naturalism and non-naturalism. (shrink)

Will Kymlicka argues that societal culture matters to liberalism because it contributes to its members’ freedom. If so, multiculturalism that advocates group rights to sustain minority societal cultures in the liberal West is in fact entailed by liberalism, the core value of which is individual freedom. “Freedom,” then, functions as the main bridge between liberalism and multiculturalism in Kymlicka’s position. Kymlicka is correct that societal culture contributes to its members’ freedom by providing them with meaningful options. The sense of (...) freedom enabled by culture, however, is not equivalent to the notion of freedom advocated by mainstream liberalism, liberal autonomy. I argue in this paper that Kymlicka’s liberal multiculturalism is an inconsistent and therefore implausible theoretical construct because Kymlicka unwittingly equivocates on “freedom” in using its two distinct senses interchangeably. (shrink)

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

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

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

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

At least half of American adults are overweight or obese, and the number may be as high as two-thirds. These facts have spurred anti-obesity campaigns, and those campaigns have provoked difficult questions in public health and population ethics. Should the government merely inform people about the risks of unhealthy food? May it try to change behavior by taxing unhealthy food? May it ban some foods outright? This paper proposes that we should answer these questions using familiar liberal principles. The (...) principles show that several common arguments for obesity interventions are flawed. The principles also highlight several that succeed, and those arguments point toward a new proposal for food labeling and some potential market interventions. (shrink)

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

When you think about a particular object, what makes your thought about that object? Roderick Chisholm, Ernest Sosa and Michael McKinsey have defended 'latitudinarian', 'descriptivist', or what I call 'liberal' answers to that question. In this paper I carefully consider the motivation for these liberal views and show how it extends in unanticipated ways to motivate views that are considerably more liberal.

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

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