Many accounts of political liberalism contend that reasonable citizens ought to refrain from invoking their disputed comprehensive beliefs in public deliberation about constitutional essentials. Critics maintain that this ‘refraining condition’ puts pressure on citizens to entertain skepticism about their own basic beliefs, and that accounts of political liberalism committed to it are resultantly committed to a position – skepticism about conceptions of the good – that is itself subject to reasonable disagreement. Discussions in the epistemology of disagreement have (...) tended to reinforce this critique, which has come to be known as political liberalism’s skeptical problem. This paper responds to the skeptical problem by providing a novel rationale to the refraining condition, which I call the burden of total experience. Such a burden emphasizes that full communication of the basis of individual belief is not always possible, even between epistemic peers. Accepting the burden of total experience allows individuals to recognize the reasonableness of the refraining condition in a way that stops the slide to skepticism, all while avoiding, or so I argue, relying on a problematically controversial explainer for disagreement. (shrink)

Liberalism has a complicated and sometimes uneasy relationship with truth. On one hand, liberalism requires that truth be widely valued and widely shared. It demands that governments be truthful and that citizens have ready access to numerous truths. Some liberals even take facilitating the discovery and dissemination of truth to be part of the raison d’être of liberal institutions. On the other hand, liberalism is averse to proclaiming or enforcing truth. It detaches truth from political legitimacy and (...) deems certain truths unfit to serve as bases of government. Some liberals have even suggested that liberal theory must work “without the concept of truth.” How has liberalism come to both demand truth and eschew it? This introductory section provides the beginnings of an answer by surveying some of the origins and core elements of liberal thought. (shrink)

Postcolonial Liberalism presents a compelling account of the challenges to liberal political theory by claims to cultural and political autonomy and land rights made by indigenous peoples today. It also confronts the sensitive issue of how liberalism has been used to justify and legitimate colonialism. Ivison argues that there is a pressing need to re-shape liberal thought to become more receptive to indigenous aspirations and modes of being. What is distinctive about the book is the middle way it (...) charts between separatism, on the one hand, and assimilation, on the other. These two options present a false dichotomy as to what might constitute a genuinely postcolonial liberal society. In defending this ideal, the book addresses important recent debates over the nature of public reason, justice in multicultural and multinational societies, collective responsibility for the past, and clashes between individual and group rights. (shrink)

Despite being a common phenomenon with significant consequences on our everyday life, strikes (and direct actions in general) are still relatively undertheorized in the philosophical literature. Our paper has a specific focus that is best encapsulated in a question: What is the relationship between liberalism and the right to strike? Liberalism’s cornerstone is the idea that rights and liberties of individuals are of supreme political importance. Rights and liberties, however, are not created equal. The basic liberties are those (...) that are so politically important that legal restrictions upon them are unjustified unless to protect other basic liberties within an overall scheme of liberties, such as under a bill of rights. So, our question becomes: Is the right to strike a basic liberty? Two ongoing disputes are relevant here. The ‘older’ debate concerns the status of economic liberties and their relation to the right to strike. We will focus on a ‘newer’ discussion because it poses a challenge to liberalism itself. Namely, some ‘radical’ critics of liberalism (Gourevitch, Raekstad and Rossi) have argued that there are rights that involve coercing others, exercised during strikes or engagement in other direct action, that do not qualify as liberal basic liberties and that can sometimes take normative precedence over the liberal basic liberties. This criticism, if correct, defeats liberalism. Notice, though: since the weighing of different particular basic liberties against each other in an overall scheme of liberty is integral to high liberalism, the genuine threat that the radical critique poses stems not from the second conjunct (which its proponents have defended) but from its first (which they have merely assumed). For, if (contrary to what the radical work assumes) the right to engage in coercive strike action is a liberal basic liberty then it can, at least in principle, win out over other basic liberties, within an overall scheme of liberties, in situations of prima facie moral conflict. Raekstad and Rossi extend the radical critique, beyond the case of coercive strikes, to other forms of direct action (outside of industrial disputes) that have avowedly moral or political goals. These could include workplace occupations, street blockades, hacktivism, counter-economics, tax resistance and more. In the paper we argue that the ‘radicals’ are not entitled to the assumption that the right to strike is not a liberal basic liberty. Moreover, we suggest, high liberalism has the resources to accommodate not only a general right to engage in non-coercive strike action, but also the right to engage in some forms of coercive direct action, whether as part of an industrial dispute or not. More precisely, we show that liberalism has the resources to accommodate not only (i) a general right to engage in non-coercive strike action, but also (ii) the right to engage in some forms of coercive direct action, whether (iii) as part of an industrial dispute or (iv) not. (shrink)

Women continue to be in charge of most childrearing; men continue to be responsible for most breadwinning. There is no consensus on whether this state of affairs, and the informal norms that encourage it, are matters of justice to be tackled by state action. Feminists have criticized political liberalism for its alleged inability to embrace a full feminist agenda, inability explained by political liberals’ commitment to the ideal of state neutrality. The debate continues on whether neutral states can accommodate (...) two feminist demands: to enact policies aimed at dismantling the feminization of caregiving, especially childrearing, and to compensate women for some of the disadvantages they incur by being primary care-givers. I contribute to this debate with three arguments in support of policies meant to de-gender care-giving and compensate care-givers. The first appeals to equality of opportunity to positions of advantage and justifies policies that prevent or mitigate statistical discrimination and implicit biases. The second draws attention to a possible causal relationship between the specialization of women in early childcare and misogyny; since the latter is incompatible with political liberal justice, it yields the conclusion that political liberals ought to further investigate the causal hypothesis with the aim of establishing or refuting it. The third argument concludes that legitimate childrearing prohibits adults from socializing children or, at least girls, into gender norms; it justifies duties of justice on the side of parents, educators, and economic agents, and state policies meant to offset foreseeable breaches of some of these duties. (shrink)

The ‘convergence conception’ of political liberalism has become increasingly popular in recent years. Steven Wall has shown that convergence liberals face a serious dilemma in responding to disagreement about whether laws are publicly justified. What I call the ‘conjunctive approach’ to such disagreement threatens anarchism, while the ‘non-conjunctive’ approach appears to render convergence liberalism internally inconsistent. This paper defends the non-conjunctive approach, which holds that the correct view of public justification should be followed even if some citizens do (...) not consider enacted laws to be publicly justified. My argument sheds light on the fundamental structure of convergence liberalism. (shrink)

The child’s right to an open future aims at protecting the autonomy of the mature person into which a child will normally develop. The justification of state interventions into parental decisions which unduly restrict the options of the prospective adult has to address the problem that the value of autonomy is highly contested in modern pluralist societies. The article argues that the modern majority culture provides young adults with many more options than traditionalist religious communities. However, the options that can (...) be chosen in faith groups, such as the Amish, do not constitute a subset of the options available in the wider society. Therefore, state policies which pursue the goal of providing every child with the greatest possible set of options cannot be based on a neutralist version of political liberalism. The advocates of a child’s right to an open future must rely on a perfectionist version of liberalism which draws on the ideal of leading an autonomous life. Since liberal perfectionism has problematic implications, the article defends a neutralist position that largely refrains from state interference with the educational authority of fundamentalist religious communities. (shrink)

Within the small body of philosophical work on strikes, to participate in a strike is commonly seen as to refuse to do the job while retaining one’s claim upon it. What is the relationship, though, between liberalism and the right to strike? This is our main question.

What does the 'colonialist' reading of Locke's political theory suggest about the relationship between liberalism and colonialism in general, as well as the pre-history of liberalism in particular?

In this paper I propose an approach to thinking about religion and politics that should inform how we think about liberalism and religion. I also consider how the conception of political authority defended by the prominent Muslim public intellectual Abdullahi Ahmed An-Na’im is a paradigm example of liberalism. In Part I I consider two approaches to religion and politics. According to the reductionist view, whether values that are central to a religious tradition can be reconciled to liberalism (...) is more a matter of doctrine than practice. By contrast a non-reductionist approach emphasizes that the relationship between political and religious values is influenced by a number of variables in addition to religious doctrine, including ethnicity, historical memory, political economy, and local politics. On this view, the path between religious and political convictions is anything but a straight line. In Part II I examine central arguments in An-Na’im’s work that are central to his version of liberalism, with a focus on liberty of conscience and religious freedom. To illustrate An-Na’im’s liberalism I focus on examples of claims about morality and theology, politics, and history. I conclude in Part III by considering how An-Na’im’s position is one example of what we would expect from a non-reductionist understanding of religion and politics. (shrink)

Liberalism and paternalism are often seen as incompatible on the grounds that liberalism recognizes autonomy as the highest value, while paternalism limits autonomy for the sake of more valuable goods such as health and safety. This article offers an argument for the compatibility of liberalism and paternalism. At the heart of the argument is the philosophical distinction between having autonomy and exercising autonomy. The second way of defending autonomy is indeed incompatible with paternalism, but the first justifies (...) paternalism when its purpose is to limit choices that reduce one’s autonomy. A modified version of John Rawls’s veil of ignorance is presented to justify the preference for having autonomy over exercising autonomy. The practical consequences of this form of liberal paternalism are then examined and analyzed using three examples: voluntary sale of oneself into slavery, addiction to opioid drugs, and compliance with road safety measures (seat belt, motorcycle helmet). The argument presented provides a justification for liberal paternalism that does not rely on any controversial or perfectionist conception of the good, and is therefore compatible with the classical interpretation of liberal neutrality. It concludes by considering the compatibility of the proposed argument with other versions of liberal paternalism, including perfectionist, respectful, Kantian, libertarian, and left-libertarian paternalism. The conclusion is that all versions except the left-libertarian one is compatible with the justification described, while Peter Vallentyne’s left-libertarian paternalism suffers from internal inconsistency. (shrink)

According to the “internal” conception (Quong), political liberalism aims to be publicly justifiable only to people who are reasonable in a special sense specified and advocated by political liberalism itself. One advantage of the internal conception allegedly is that it enables liberalism to avoid perfectionism. The paper takes issue with this view. It argues that once the internal conception is duly pitched at its fundamental, metatheoretical level and placed in its proper discursive context, it emerges that it (...) comes at the cost of public dogma. The paper examines this problem and argues that a plausible response to this problem is to go beyond the internal conception and adopt a more inclusive, dynamic conception. But this calls for a form of perfectionism. Thus, the internal conception of political liberalism, far from showing how liberalism can be had without perfectionism, effectively calls for perfectionism as a remedy for its problems. (shrink)

In Equal Citizenship and Public Reason, Watson and Hartley dispute the claim that Rawls’s doctrine of political liberalism must tolerate gender hierarchy because it counts conservative and orthodox religions as reasonable comprehensive doctrines. I argue that their defense in fact contains two arguments, both of which fail. The first, which I call the “Deliberative Equality Argument”, fails because it does not establish conclusively that political liberalism’s demand for equal citizenship forbids social practices of domination, as the authors contend. (...) The second, which I call the “Equal Liberties Argument”, fails because it supports a particular version of political liberalism and not the doctrine itself. (shrink)

Rawlsian political liberalism famously requires a prohibition on truth. This has led to the charge that liberalism embraces non-cognitivism, according to which political claims have the moral status of emotions or expressions of preference. This result would render liberalism a non-starter for liberatory politics, a conclusion that political liberals themselves disavow. This conflict between what liberalism claims and what liberalism does has led critics to charge that the theory is disingenuous and functions as political ideology. (...) In this paper, I explore one way that this charge unfolds: critics charge that liberalism utilizes an individualistic and identity-insensitive social ontology, which in turn yields epistemic deficiencies that render it incapable of detecting oppression. The theory’s claim to freestandingness then shields it from necessary critique. I argue that this objection relies on constructing a conflict between liberalism’s professed non-cognitivism and its actual cognitivist commitments. By demonstrating that Rawlsian political liberalism explicitly endorses substantive moral truths, and that the method of avoidance applies only to public justification for coercive state action, I show that the theory is openly and foundationally cognitivist, and thus that the charge of disingenuousness does not stick. (shrink)

This is an introduction to my edited book, the Research Handbook on Liberalism (2024). Some chapters tackle broad, meta-level questions about the coherence and justificatory limits and possibilities of liberalism; others tackle conceptual issues; still others, specific institutional, cultural, historical, and political questions. This introductory chapter is intended to provide a general orientation to these discussions, but also highlight some recurring themes and challenges facing liberalism in an era of rampant inequality, illiberalism, rising autocracies, populism, and massive (...) technological change. I provide a taxonomy of five different kinds of liberalism in play in the field, along with three overarching challenges discussed in the book - the apparent insufficiency, complacency, and self-undermining nature of liberalism. Can contemporary liberalism survive? It can, but not without clearly grasping some of the fundamental challenges it faces today. (shrink)

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

There is a tendency in contemporary jurisprudence to regard political authority and, more particularly, legal intervention in human affairs as having no justification unless it can be defended by what Laing calls the principle of modern liberal autonomy (MLA). According to this principle, if consenting adults want to do something, unless it does specific harm to others here and now, the law has no business intervening. Harm to the self and general harm to society can constitute no justification for legal (...) regulation or prohibition. So pervasive is this understanding of legal intervention in human affairs, that it is common now to encounter arguments in favour of permissive laws on, for example, private drug use, pornography, sexual and reproductive choice, based on the idea that to intervene in these areas would constitute a breach of the liberal ideal. The only alternative to modern liberal autonomy is assumed to be radical oppression, in which the State intervenes in the individual’s life to impose unwarranted measures designed to further its own ends. The legacy of Stalin, Hitler and other modern tyrants has undermined conceptual appeals to the common good. So widespread is this liberal assumption in the Western, English-speaking world that critics of the outlook embodied by MLA are customarily regarded with suspicion and charged with paternalism, narrow-mindedness and intolerance. Laing highlights contradictions inherent in the modern liberal tradition. She argues that there is a certain reliance on the notion of the common good within the natural law tradition that is instructive. According to this view, the common good constitutes a mean between two extremes: on the one hand, contemporary liberalism’s over-insistence on radical individual autonomy and, on the other hand, totalitarianism’s over-emphasis on collective social benefit. There is, I will argue, substantial terrain between the conceptual excesses of modern liberalism and oppressive tyranny that needs to be acknowledged and discussed. (shrink)

Timothy Michael Fowler has argued that, as a consequence of their commitment to neutrality in regard to comprehensive doctrines, political liberals face a dilemma. In essence, the dilemma for political liberals is that either they have to give up their commitment to neutrality (which is an indispensible part of their view), or they have to allow harm to children. Fowler’s case for this dilemma depends on ascribing to political liberals a view which grants parents a great degree of freedom in (...) deciding on the education of their children. I show that ascribing this view to political liberals rests upon a misinterpretation of political liberalism. Since political liberals have access to reasons based upon the interests of children, they need not yield to parent’s wishes about the education of their children. A correct understanding of political liberalism thus shows that political liberals do not face the dilemma envisaged by Fowler. (shrink)

Unlike his theory of justice as fairness, John Rawls’s political liberalism has generally been spared from critiques regarding what is due to the disabled. This paper demonstrates that, due to the account of the basic ideas of society and persons provided by Rawls, political liberalism requires that the interests of numerous individuals with disabilities should be put aside when the most fundamental issues of justice are settled. The aim is to accommodate within public reason the due concern for (...) the disabled while upholding political liberalism. To achieve this aim, a revision of the basic ideas of persons and society is proposed. The idea of persons should be regarded as more fundamental than that of social cooperation, and persons should be defined in terms of minimal moral powers. (shrink)

The ‘liberal-communitarian’ debate arose within anglophone political philosophy during the 1980s. This essay opens with an account of the main outlines of the debate, showing how liberals and communitarians tended to confront each other with opposing interpretations of John Rawls’ Theory of Justice (1999; originally published in 1971) and Political Liberalism (2005; originally published in 1993). The essay then proceeds to discuss four forms of ‘liberalism after communitarianism’: Michael Freeden’s account of liberalism as an ideology; Joseph Raz (...) and Will Kymlicka’s perfectionist liberalisms; the liberalism of value pluralists such as Isaiah Berlin and Bernard Williams; and Judith N. Shklar’s liberalism of fear. It concludes with the suggestion that there are times when liberals of every kind should set aside their ideology, even if only temporarily, in order to listen to their interlocutors with truly open minds. (shrink)

This chapter interrogates the role that liberalism plays in Immanuel Wallerstein’s grand and sweeping narrative of modern history. From liberalism’s beginnings as an ideological response to the French Revolution in 1789, to its apotheosis in the global hegemony of the USA after the Second World War, to its final dissolution in the collapse of Soviet communism, liberalism is the analytical thread that animates Wallerstein’s World-Systems Analysis of the modern period. The chapter examines the idea of liberalism (...) as ideology and sets out Wallerstein’s thoughts on what lies beyond liberalism. It ends with a few critical comments and reflections. (shrink)

(Please note: the main ideas of this paper are restated in revised/developed form in: "On actualist and fundamental public justification in political liberalism" and "Patterns of justification: on political liberalism and the primacy of public justification". Both papers are available from philpapers.) The paper suggests the deep view of Rawls-type public justification as promising, non-ideal theory variant of an internal conception of political liberalism. To this end, I demonstrate how the deep view integrates a range of ideas, (...) views and commitments at the core of political liberalism’s justification structure, including pro tanto justification, full justification, political values and their priority, justificatory neutrality, the role of reasonable comprehensive views, the nature public reasons, the wide view of public political culture, the role of overlapping consensus and political legitimacy, and not least, the status of reflective equilibrium and the Original Position. I then contrast the deep view with Quong’s ideal theory variant if the internal conception, and argue that we should prefer the deep view. Thus, the prospects of political liberalism depend not so much on whether we find ways to make ideal theory relevant for non-ideal purposes. Rather, it depends on whether political liberalism can devise a credible response to the problem of public dogma. (shrink)

According to political liberalism, laws must be justified to all citizens in order to be legitimate. Most political liberals have taken this to mean that laws must be justified by appeal to a specific class of ‘public reasons’, which all citizens can accept. In this paper I defend an alternative, convergence, model of public justification, according to which laws can be justified to different citizens by different reasons, including reasons grounded in their comprehensive doctrines. I consider three objections to (...) such an account—that it undermines sincerity in public reason, that it underestimates the importance of shared values, and that it is insufficiently deliberative—and argue that convergence justifications are resilient to these objections. They should therefore be included within a theory of political liberalism, as a legitimate form of public justification. This has important implications for the obligations that political liberalism places upon citizens in their public deliberations and reason-giving, and might make the theory more attractive to some of its critics, particularly those sympathetic to religious belief. (shrink)

Citizens are politically autonomous insofar as they are subject to laws that are (a) justified by reasons acceptable to them and (b) authorized by them via their political institutions. An obstacle to the equal realization of political autonomy is the plurality of religious, moral, and philosophical views endorsed by citizens. Decisions regarding certain fundamental political issues (e.g., abortion) can involve citizens imposing political positions justified in terms of their respective worldviews upon others. Despite citizens’ disagreements over which worldview is correct, (...) ‘political liberalism’ claims that there is a form of political autonomy that is realizable within pluralist societies. (Political liberalism differs from ‘comprehensive liberalism’ by, inter alia, being ‘freestanding’ vis-à-vis citizens’ different worldviews.) Citizens can be politically autonomous if they enjoy equal political power and justify its exercise with ‘public reasons.’ A political liberal education would aim at ensuring that all students can become politically autonomous citizens by teaching them how to exercise their democratic rights effectively and how to engage in public reasoning. Some political and educational theorists, however, argue that teaching students how to be politically autonomous amounts to teaching them how to be ‘comprehensively’ autonomous. If this is so, then the distinction between political liberalism and comprehensive liberalism collapses, at least with respect to education. This chapter outlines the main elements of political liberalism, summarizes the main requirements of a political liberal citizenship education, and surveys three arguments in support of and against the thesis that a political liberal education amounts to an education for comprehensive autonomy. (shrink)

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

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

Political questions are typically framed in normative terms, in terms of the political actions that we (or our political representatives) “ought” to take or, alternatively, in terms of the political philosophies that “should” inform our political actions. “Should we be liberals or socialists, or should we (somehow) combine liberalism and socialism?” -/- Such questions are typically posed and debates around such questions emerge with little, if any, prior consideration of a question that is, logically speaking, more fundamental: “What can (...) we effectively achieve through political action? What goals are within and without the scope of political action?” -/- Because we pose and argue about normative political questions without first getting the descriptive facts straight, we often embark on political projects that have little hope of success. -/- Anyone who accepts a principle like ought implies can is committed to rejecting “ought” claims that assert obligations to do things that cannot be done. Given that most, if not all, people accept some such principle, most, if not all, people are implicitly committed to rejecting the traditional – purely normative – form of political discussion. That they nevertheless engage in such discussion reveals a significant inconsistency in how many people think about and assign obligations to policymakers. -/- If the question “Liberalism and / or Socialism?” is the normative question “Should we be liberals or socialists, or should we (somehow) combine liberalism and socialism?” then it is the wrong – or, more exactly, a premature – question to ask. (shrink)

A liberalism which scorns all individualism is fundamentally misguided. This is the chief thesis of this paper. To argue for it, I look closely at some key concepts. The concepts of morislity and individualism are crucial. I emphasize Dewey on the "individuality of the mind" and a Deweyan discussion of language, communication, and community. The thesis links individualism and liberalism, and since appeals to liberalism have broader appeal in the present context of discussions, I start with consideration (...) of liberalism. The aim is to dispute overly restrictive conceptions and explore a broader perspective. To bring the argument to a close, attention turns first to Dewey on value inquiry, to Dewey's "democratic individualism" (cf. Dewey 1939, 179), and to the concept of moral community. Disputing the acquisitiveness of utilitarian influences in classical liberalism, a Deweyan argument from the nature of moral community supports re-emphasis on individualism in contemporary liberal thought. (shrink)

The most well-known kinds of liberalism are based on the doctrine of the atomism of the individual, sometimes called "the separateness of persons." But these doctrines do not seem to allow a country to restrict immigration for the purpose of protecting a national way of life, except for protecting liberalism itself. This can lead to considerable discontent. In this paper, I present a kind of liberalism that addresses this concern.

Many public health dilemmas involve a tension between the promotion of health and the rights of individuals. This article suggests that we should resolve the tension using our familiar liberal principles of government. The article considers the common objections that liberalism is incompatible with standard public health interventions such as anti-smoking measures or intervention in food markets; there are special reasons for hard paternalism in public health; and liberalism is incompatible with proper protection of the community good. The (...) article argues that we should examine these critiques in a larger methodological framework by first acknowledging that the right theory of public health ethics is the one we arrive at in reflective equilibrium. Once we examine the arguments for and against liberalism in that light, we can see the weaknesses in the objections and the strength of the case for liberalism in public health. (shrink)

The underlying objective of this project is to examine the ways in which the exclusionary status of Muslim-Americans remains unchallenged within John Rawls’ version of political liberalism. Toward this end, I argue that the stipulation of genuine belief in what is reasonably accessible to others in our society is an unreasonable expectation from minorities, given our awareness of how we are perceived by others. Second, using the work of Lisa Schwartzman, I show that Rawls’ reliance on abstraction of closed (...) society legitimizes the exclusion of citizens with marginal social locations. And finally, applying Charles Mills’ critique of ideal theory, I argue that Rawls’ idealization of a posture of civic friendship detracts from a discussion of equally significant societal values while sustaining existing social hierarchies. (shrink)

I argue that contemporary liberal theory cannot give a general justification for the institution or practice of punishment, i.e., a justification that would hold across a broad range of reasonably realistic conditions. I examine the general justifications offered by three prominent contemporary liberal theorists and show how their justifications fail in light of the possibility of an alternative to punishment. I argue that, because of their common commitments regarding the nature of justification, these theorists have decisive reasons to reject punishment (...) in favor of a non-punitive alternative. I demonstrate the possibility of this alternative by means of a careful examination of the nature of punishment, isolating one essential characteristic—the aim to impose suffering—and showing how this characteristic need not guide enforcement. There is logical space for a forceful and coercive, yet non-punitive method of enforcement. This fact poses difficulties for many classical and contemporary justifications of punishment, but it poses particularly crippling problems for general liberal justifications. (shrink)

The revival of republicanism was meant to challenge the hegemony of liberalism in contemporary political theory on the grounds that liberals show insufficient concern with institutional protection against political misrule. This article challenges this view by showing how neorepublicanism, particularly on Philip Pettit’s formulation, demands no greater institutional protection than does political liberalism. By identifying neutrality between conceptions of the good as the constraint on institutional requirements that forces neorepublicanism into the liberal framework, the article shows that neutrality (...) is what neorepublicans must jettison to offer a tenable critique of liberalism. Only then can neorepublicans ensure greater protection against misrule by demanding that citizens participate more actively in politics. They can then also criticize liberalism for failing to appreciate the importance of such protection. (shrink)

How sexuality should be regulated in a liberal political community is an important, controversial theoretical and empirical question—as shown by the recent criminalization of possession of some adult pornography in the United Kingdom. Supporters of criminalization argue that Mill, often considered a staunch opponent of censorship, would support prohibition due to his feminist commitments. I argue that this account underestimates the strengths of the Millian account of private conduct and free expression, and the consistency of Millian anticensorship with feminist values. (...) A Millian contextual defense of liberty, however, suggests several other policy approaches to addressing the harms of pornography. (shrink)

This article first describes a dilemma for liberalism: On the one hand restricting their own options is an important means for groups of people to shape their lives. On the other hand, group members are typically divided over whether or not to accept option-restricting solutions or policies. Should we restrict the options of all members of a group even though some consent and some do not? This dilemma is particularly relevant to public health policy, which typically target groups of (...) people with no possibility for individuals to opt out. The article then goes on to propose and discuss a series of aggregation rules for individual into group consent. Consideration of a number of scenarios shows that such rules cannot be formulated only in terms of fractions of consenters and non-consenters, but must incorporate their motives and how much they stand to win or lose. This raises further questions, including what is the appropriate impact of altruistic consenters and non-consenters, what should be the impact of costs and benefits and whether these should be understood as gross or net. All these issues are dealt with in a liberal, anti-paternalistic spirit, in order to explore whether group consent can contribute to the justification of option-restricting public health policy. (shrink)

There is a growing sense that many liberal states are in the midst of a shift in legal and political norms—a shift that is happening slowly and for a variety of reasons relating to security. The internet and tech booms—paving the way for new forms of electronic surveillance—predated the 9/11 attacks by several years, while the police’s vast use of secret informants and deceptive operations began well before that. On the other hand, the recent uptick in reactionary movements—movements in which (...) the rule of law seems expendable—began many years after 9/11 and continues to this day. One way to describe this book is an examination of the moral limits on modern police practices that flow from the basic legal and political tenets of the liberal tradition. The central argument is that policing in liberal states is constrained by a liberal conception of persons coupled with particular rule of law principles. Part I consists of three chapters that constitute the book’s theoretical foundation, including an overview of the police’s law enforcement role in the liberal polity and a methodology for evaluating that role. Part II consists of three chapters that address applications of the theory, including the police’s use of informants, deceptive operations, and surveillance. The upshot is that policing in liberal societies has become illiberal in light of its response to both internal and external threats to security. The book provides an account of what it might mean to retrieve policing that is consistent with the basic tenets of liberalism and the limits imposed by those tenets. [This is an uncorrected draft of the book's preface and introduction, forthcoming from Oxford University Press.]. (shrink)

Political liberty is at the centre of liberal conceptions of toleration. Liberal political philosophers disagree about the limits of toleration, whether equality is central to liberal toleration, and the toleration of illiberal religious and cultural practices, among other topics. Some non-liberal states adopt a model of toleration, despite significant limitations on liberty. Moreover, some recent work in comparative philosophy emphasizes pluralism across traditions of political morality. This chapter will consider a variety of positions on liberal toleration as well as the (...) challenge to liberal toleration posed by ethical pluralism. (shrink)

One of the most fascinating debates in the field of political theory has been the one about the relationship between value pluralism and liberalism. Based on their different conceptions and definitions, various theorists have often theorized a tension in the relationship between pluralism and liberalism. On the one hand, liberal authors who believe in the universality of liberal values that have to do with the safeguard of freedom (conceived at least to some extent as “negative freedom”), in the (...) expressions and the free choices that individuals within a society or group can make, tolerance, in their individuality, in the equality of opportunities for everyone, etc., and on the other hand, the pluralists, who emphasize that different values, beliefs and human goods (the diversity) in society are essentially incompatible with one another, and as such, also incommensurable. Against the positions of some various authors who theorize an inherent conflict between these two ideas, in this paper, we argue that in practice, but also theoretically justified, there is a connection and a mutual support relationship existing between pluralism and liberalism. Therefore, the main principles that pluralism protects, such as pluralism of value, incommensurability between multiple conceptions of the goods, etc., can find themselves best in the context of a liberal society. (shrink)

Classical liberalism is skeptical about governmental organizations "doing good" for people. Instead governments should create the conditions so that people individually (Adam Smith) and in associations (Tocqueville) are empowered to do good for themselves. The market implications of classical liberalism are well-known, but the implications for organizations are controversial. We will take James Buchanan as our guide (with assists from Mill and Dewey). Unpacking the implications of classical liberalism for the "science of associations" (Tocqueville) requires a tour (...) through the intellectual history of the voluntary slavery contract and the voluntary non-democratic constitution. The argument concludes that the classical liberal endorsement of sovereign individuals acting in the marketplace generalizes to the joint action of individuals as the principals in their own organizations and associations. (shrink)

Can a liberal state exclude illiberal immigrants in order to preserve its liberal status? Hrishikesh Joshi has argued that liberalism cannot require a commitment to open borders because this would entail that liberalism is committed to its own demise in circumstances in which many illiberal immigrants aim to immigrate into a liberal society. I argue that liberalism is committed to its own demise in certain circumstances, but that this is not as bad as it may appear. (...) class='Hi'>Liberalism’s commitment to its own demise is merely a reflection of the fact that it must take into account the rights of outsiders, not just the rights of existing citizens, and of the fact that circumstances of injustice can sometimes leave liberal societies with no correct choice. (shrink)

The Yogyakarta Principles for the application of human rights to sexual orientation and gender identity define gender identity as “each person’s deeply felt internal and individual experience of gender, which may or may not correspond with the sex assigned at birth, including the personal sense of the body and other expressions of gender, including dress, speech, and mannerisms.” This definition and its acknowledgment within human rights politics is a key step in the fight of trans people for legal protection. Our (...) aim is to analyze this definition both historically and systematically to find out how the Western liberal conception of rights fosters specific trans politics and limits the options for others. Specifically, we claim that political liberalism and the form of subjective rights that it brings about influence concepts of identity and political strategies. While we analyze the limits of the liberal framework, our aim is to think about how it is possible that even within this framework, non-normative bodies and queer identities can be acknowledged and supported through law. (shrink)

Advocates of political liberalism hold it as a superior alternative to perfectionism on the grounds that it avoids superfluous and/or controversial claims in favor of a maximally-inclusive approach undergirded by a "free-standing" justification for the ideology. These assertions prove difficult to defend: political interpretations of liberalism tend to be implicitly ethnocentric; they often rely upon a number of controversial, and even empirically falsified, assumptions about rationality--and in many ways prove more parochial than their perfectionist cousins. It is possible (...) to reform political liberalism to address these challenges, but generally at the expense of the supposed normative force and universality of the liberal project. However, this para-liberal approach is much better in keeping with contemporary findings in sociology, psychology and cognitive science--and can much more effectively accommodate the illiberal challenge. (shrink)

This paper defends a distinctly liberal approach to public health ethics and replies to possible objections. In particular, I look at a set of recent proposals aiming to revise and expand liberalism in light of public health's rationale and epidemiological findings. I argue that they fail to provide a sociologically informed version of liberalism. Instead, they rest on an implicit normative premise about the value of health, which I show to be invalid. I then make explicit the unobvious, (...) republican background of these proposals. Finally, I expand on the liberal understanding of freedom as non-interference and show its advantages over the republican alternative of freedom as non-domination within the context of public health. The views of freedom I discuss in the paper do not overlap with the classical distinction between negative and positive freedom. In addition, my account differentiates the concepts of freedom and autonomy and does not rule out substantive accounts of the latter. Nor does it confine political liberalism to an essentially procedural form. (shrink)

There is a fault line running through classical liberalism as to whether or not democratic self-governance is a necessary part of a liberal social order. The democratic and non-democratic strains of classical liberalism are both present today—particularly in America. Many contemporary libertarians and neo-Austrian economists represent the non-democratic strain in their promotion of non-democratic sovereign city-states (startup cities or charter cities). We will take the late James M. Buchanan as a representative of the democratic strain of classical (...) class='Hi'>liberalism. Since the fundamental norm of classical liberalism is consent, we must start with the intellectual history of the voluntary slavery contract, the coverture marriage contract, and the voluntary non-democratic constitution (or pactum subjectionis). Next we recover the theory of inalienable rights that descends from the Reformation doctrine of the inalienability of conscience through the Enlightenment (e.g., Spinoza and Hutcheson) in the abolitionist and democratic movements. Consent-based governments divide into those based on the subjects' alienation of power to a sovereign and those based on the citizens' delegation of power to representatives. Inalienable rights theory rules out that alienation in favor of delegation, so the citizens remain the ultimate principals and the form of government is democratic. Thus the argument concludes in agreement with Buchanan that the classical liberal endorsement of sovereign individuals acting in the marketplace generalizes to the joint action of individuals as the principals in their own organizations. (shrink)

Many of the benefits and burdens we might experience in our lives — from bank loans to bail terms — are increasingly decided by institutions relying on algorithms. In a sense, this is nothing new: algorithms — instructions whose steps can, in principle, be mechanically executed to solve a decision problem — are at least as old as allocative social institutions themselves. Algorithms, after all, help decision-makers to navigate the complexity and variation of whatever domains they are designed for. In (...) another sense, however, this development is startlingly new: not only are algorithms being deployed in ever more social contexts, they are being mechanically executed not merely in principle, but pervasively in practice. Due to recent advances in computing technology, the benefits and burdens we experience in our lives are now increasingly decided by automata, rather than each other. How are we to morally assess these technologies? In this chapter, I propose a preliminary conceptual schema for identifying and locating the various injustices of automated, algorithmic social decision systems, from a broadly liberal perspective. (shrink)

The local food movement is, increasingly, becoming a part of the modern American landscape. However, while it appears that the local food movement is gaining momentum, one could question whether or not this trend is, in fact, politically and socially sustainable. Is local food just another trend that will fade away or is it here to stay? One way to begin addressing this question is to ascertain whether or not it is compatible with liberalism, a set of influential political (...) theories that have shaped and continue to shape our political system. In this paper, I argue that the local food movement is partially compatible with forms of liberalism that accept the limited application of the principle of neutrality, as there are two directions or trends within local food: (1) The systems based direction and (2) the individual focused direction. The systems based direction is not compatible while the individual focused movement is largely compatible with liberalism. I go on to argue that the two directions form a dialectic that increases the political and social sustainability of the movement as a whole. Conceiving of the individual focused and the systems focused directions as in opposition to one another is, itself, a mistake. (shrink)

Agonism is a political theory that places contestation at the heart of politics. Agonistic theorists charge liberal theory with a depoliticization of pluralism through an excessive focus on consensus. This paper examines the agonistic critiques of liberalism from a normative perspective. I argue that by itself the argument from pluralism is not sufficient to support an agonistic account of politics, but points to further normative commitments. Analyzing the work of Mouffe, Honig, Connolly, and Owen, I identify two normative currents (...) of agonistic theory: emancipatory agonism, aimed at challenging violence and exclusion, and perfectionist agonism, aimed at the cultivation of nobility. From a normative perspective the former presents an internal challenge to liberalism, while the latter constitutes an external challenge to liberalism by providing a competing account of the ends of politics. Recognition of the distinction between emancipatory and perfectionist agonism is crucial in assessing the purchase of agonistic critiques of liberalism. Furthermore, this analysis draws us beyond the simple opposition between contestation and consensus. It is not simply a question of valuing genuine pluralism and therefore criticizing consensus; rather the question comes to be: what are the ends of politics? (shrink)