One central objection to philosophical defences of liberal neutrality is that many neutrally justified laws and policies are nonetheless discriminatory as they unilaterally impose costs or confer unearned privileges on the bearers of a particular conception of the good. Call this the false neutrality objection. While liberal neutralists seldom consider this objection to be a serious allegation, and often claim that it rests on a misunderstanding, I argue that it is a serious challenge for proponents of justificatory neutrality. Indeed, a (...) careful examination of recent French and Canadian laws which impede the members of cultural minorities from freely practising their religion reveals that the state can hide its discriminatory aims by cloaking the policies it enacts in neutral language. In order to avoid the problem of false neutrality, I contend, liberal neutralists should defend a combination of neutrality of justification and neutrality of aim and operationalize neutrality of aim through a practical test that has been a defining feature of American jurisprudence on religious freedom in the last thirty years: the general applicability requirement. (shrink)

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

George Sher’s book Beyond Neutrality: Perfectionism and Politics has, he says, two main purposes. The first is to “defuse the main reasons to deny that the state may seek to promote the good”, the other is to “develop a conception of the good that is worth promoting” (1). In this article, I will not be concerned with either of these aims. Instead, I will focus on Sher’s preliminary discussion of the “scope and meaning” of neutralism (20). I consider Sher’s (...) careful analysis of the structure of neutralism one of the book’s virtues, alongside his original theory of the good and his comprehensive and convincing arguments against neutralism. This careful analysis inspires me to attempt some critique and development. I will defend an account of neutralism according to which this doctrine puts a constraint on what reasons should enter into political reasoning. What I defend is not neutralism per se, but only this account of neutralism relative to competing accounts. I believe this account is an improvement over Sher’s, in terms of conceptual precision and normative plausibility, both in general and from the perspective of the doctrine’s proponents in particular. (shrink)

The purpose of this article is to consider the question of whether democratic legitimacy requires viewpoint neutrality with regard to political speech – including extremist political speech, such as hate speech. The starting point of my discussion is Jeremy Waldron’s negative answer to this question. He argues that it is permissible for liberal democracies to ban certain extremist viewpoints – such as vituperative hate speech – because such viewpoint-based restrictions protect the dignity of persons and a social and moral environment (...) of mutual respect. According to Waldron, well-drafted narrow hate speech bans are not democratically illegitimate, and they do not undermine systemic democratic legitimacy – that is, the legitimacy of a democratic political system. In contrast to Waldron, I will argue that democratic legitimacy requires viewpoint neutrality to respect persons as thinking agents. I will defend a civil libertarian doctrine of viewpoint neutrality, and this doctrine requires that citizens in liberal democracies ought to have a legal free speech right to do moral wrong – that is, a legal right to express and defend any political viewpoint or idea, even if it is morally wrong to express, or expose others to, such views. It will be argued that any viewpoint-based restriction on public discourse is democratically illegitimate, and that such restrictions undermine systemic democratic legitimacy. (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)

According to the Value-Neutrality Thesis, technology is morally and politically neutral, neither good nor bad. A knife may be put to bad use to murder an innocent person or to good use to peel an apple for a starving person, but the knife itself is a mere instrument, not a proper subject for moral or political evaluation. While contemporary philosophers of technology widely reject the VNT, it remains unclear whether claims about values in technology are just a figure of (...) speech or nontrivial empirical claims with genuine factual content and real-world implications. This paper provides the missing argument. I argue that by virtue of their material properties, technological artifacts are part of the normative order rather than external to it. I illustrate how values can be empirically identified in technology. The reason why value-talk is not trivial or metaphorical is that due to the endurance and longevity of technological artifacts, values embedded in them have long-term implications that surpass their designers and builders. I further argue that taking sides in this debate has real-world implications in the form of moral constraints on the development of technology. (shrink)

This Handbook focuses on value theory as it pertains to ethics, broadly construed, and provides a comprehensive overview of contemporary debates pertaining not only to philosophy but also to other disciplines-most notably, political theory...

In Liberalism with Excellence, Matthew Kramer makes an argument for how excellence may enter in into liberalism, despite liberalism’s strong commitment to neutrality. Kramer seeks to challenge not only the uncompromising rejection of this position by liberals such a Jonathan Quong, but also the so-called “blended” approach of “soft-perfectionist” scholars such as Joseph Raz and George Sher. In this essay, I do not so much challenge Kramer’s approach as offer an alternative for accomplishing the same thing. Under my proposal, certain (...) forms of excellence and neutrality can both be accommodated as long as state support for the form of excellence at issue is proportional to the support for such a form of excellence within the relevant polity, competing forms of excellence are non-rivalrous, and no one is forced to embrace a form of excellence with which they disagree. My proposal is therefore not what Ronald Dworkin derogatively characterized as “a checkerboard solution.” Rather than allowing the state to support contrary moral positions at one and the same time, it is a solution that takes morally compatible but nevertheless competing conceptions of excellence seriously, and exhibits neutrality by giving them proportional rather than full support. This neither forces anyone to pursue the particular forms of excellence the state supports nor prevents them from pursuing some other form of excellence entirely or, if they wish, no form of excellence at all. (shrink)

To date, both the United States federal government and twenty-one individual states have passed Religious Freedom Restoration Acts that aim to protect religious persons from having their sincere beliefs substantially burdened by governmental interests. RFRAs accomplish this by offering a three-pronged exemption test for religious objectors that is satisfied only when (1) an objector has a sincere belief that is being substantially burdened; (2) the government has a very good reason (e.g., health or safety) to interfere; and (3) there is (...) a reasonable alternative to serve the compelling interest. Legal balancing tests like those found in RFRA are content neutral insofar as they sideline the belief-content of conscientious objections as irrelevant when determining the permissibility of granting legal accommodations. However, some theorists worry that this legal picture may be backward: perhaps balancing tests should be content non-neutral given the usual features of conscientious objections. For example, Yossi Nehushtan contends that, contrary to their typical codification, religious conscience beliefs seem undeserving of special legal accommodations because they possess uniquely strong empirical and theoretical ties to intolerance. Thus, the illiberally intolerant content of these conscientious objections might actually give the state a reason to refuse to grant legal exemptions. In this paper, I offer a cursory defense of content neutrality with respect to balancing tests like those found in RFRA. To begin, I outline Nehushtan’s argument for content non-neutrality. The cornerstone of his argument is that illiberal intolerance is intolerable such that conscientious objections that are based upon illiberally intolerant values provide the state with strong, normally prevailing reason not to grant an exemption. I argue that, even when the illiberally intolerant content of one’s conscience constitutes a weighty and relevant factor in determining the permissibility of granting a legal exemption, there remain significant problems. It is difficult, for example, to determine which views are illiberally intolerant and difficult to say whether illiberally intolerant views can effectively serve as the principled demarcating line in balancing tests. To conclude, I offer several cursory arguments in favor of adopting content-neutral approaches without necessarily making a comprehensive case. By drawing on the work of Amy Sepinwall, Nadia Sawicki, and Nathan Chapman, I show that content-neutral approaches can help to safeguard robust protections for conscience by permitting atypical exercises of conscience, protect minority thoughts and practices from being coercively supplanted by majoritarian understandings of morality, appropriately maintain the skepticism and humility that we owe each other as compatriots in a pluralistic society, and allow the kind of justifiable civil disobedience that has an important place in political history among other things. (shrink)

Institutions promoting republican freedom as non-domination are commonly believed to differ significantly from institutions promoting negative freedom as non-interference. Philip Pettit, the most prominent contemporary defender of this view, also maintains that these republican institutions are neutral between the different conceptions of the good that characterise a modern society. This paper shows why these two views are incompatible. By analysing the institutional requirements Pettit takes as constitutive of republican freedom, I show how they also promote negative freedom by reducing (...) overall interference. To avoid this result, republican institutions must be more restrictive and require that citizens conform to a life of political engagement. But then republican freedom will not be a neutral ideal. Rejecting negative freedom therefore means sacrificing neutrality. (shrink)

This paper provides a theoretical discussion with point of departure in the case of Denmark of some of the theoretical issues concerning the relation liberal states may have to religion in general and religious minorities in particular. Liberal political philosophy has long taken for granted that liberal states have to be religiously neutral. The paper asks what a liberal state is with respect to religion and religious minorities if it is not a strictly religiously neutral state with full (...) separation of church and state and of religion and politics. To illuminate this question, the paper investigates a particular case of an arguably reasonably liberal state, namely the Danish state, which is used as a particular illustration of the more general phenomenon of “moderately secular” states, and considers how one might understand its relations to religion. The paper then considers the applicability to this case of three theoretical concepts drawn from liberal political philosophy, namely neutrality, toleration and recognition, while simultaneously using the case to suggest ways in which standard understandings of these concepts may be problematic and have to be refined. (shrink)

There is already a long history of conversation between feminism and deconstruction, feminist theorists and Derrida or Derrideans. That conversation has been by turns fraught and constructive. While some of these interactions have occurred in queer feminism, to date little has been done to stage an engagement between deconstruction and transfeminism. Naysayers might think that transfeminism is too recent and too identitarian a discourse to meaningfully interact with Derrida’s legacy. On the other hand, perhaps Derrida’s work was too embedded in (...) second wave feminism, and in some cases implicit misogyny and transphobia, to meet transfeminism on its own playing field. And yet, I think both suspicions shortchange these discourses. In this article, I stage a conversation between Derrida and two writers working in the area of trans feminism: Paisley Currah and Julia Serano. I explore, in particular, how their conceptions of gender neutrality or gender pluralism are complementary and together change the so-called “question of woman,” from a philosophical and political perspective. (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)

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)

Suppose the present generation leaves future ones with a world depleted of all the natural resources required for many valuable human pursuits. Has the present generation acted unjustly? According to contemporary theories of liberal egalitarian intragenerational and intergenerational justice, the answer, it appears, is no. The explanation for this verdict lies in the liberal commitment to remaining neutral between different ways of life: many value-laden environ- mental sites and species are not an all-purpose means to any reasonable human end (...) and so their existence is not directly relevant in an assessment of whether justice obtains. Against this view, I argue that a commitment to neutrality and its underlying justification – the idea that individuals should be equipped to live lives of their own design – in fact supports the opposite conclusion. If justice requires that citizens can pursue whatever way of life they do or might value, then it will also demand the continued existence of the natural resources necessary for those pursuits. (shrink)

Many political theorists believe that a state cannot be neutral when it comes to languages. Legislatures cannot avoid picking a language in which to conduct their business and teachers have to teach their pupils in a language. However, against that, some political liberals argue that liberal neutrality is consistent with the state endorsement of particular languages. Claims to the contrary, they say, are based on a misguided understanding of what neutrality is. I will argue that this line of argument (...) fails, for two reasons. First, the primary challenge to which political liberals should respond is not that of reconciling the promotion of languages with liberal neutrality but, rather, that of reconciling liberal neutrality with the fact that reasonable people disagree about the existence and nature of languages. Second, even if everyone accepted the existence of languages along essentialist lines, one should still doubt the possibility of state neutrality with respect to them, regardless of the conception of neutrality one prefers. The reason why is that human beings cannot care about or value languages so when a state promotes a particular language, it is not supporting the preferences of its citizens but, rather, acting on perfectionist or simply irrational grounds. (shrink)

In 2009, a law was passed in the Danish parliament, according to which judges cannot wear religious symbols in courts of law. First, I trace the development of this legislation from resistance to Muslim religious practices on the nationalist right to ideas in mainstream Danish politics about secularism and state neutrality – a process I refer to as ‘liberalization’. Second, I consider the plausibility of such liberal justifications for restrictions on religious symbols in the public sphere and, in particular, (...) for the ban on the wearing of religious symbols by judges. I argue that such justifications are flawed and so are not plausible corollaries of anti-Islamic justifications originating on the nationalist right. (shrink)

This chapter outlines a new disentangling strategy for moral epistemology. It builds on the fundamental distinction between value-neutrality and value-independence as two separate aspects of methodological austerity introduced by Matthew Kramer. This type of conceptual analysis is then applied to two major challenges in moral epistemology: globalised scepticism and debate fragmentation. Both challenges arise from collapsing the fact/value dichotomy. They can be addressed by comprehensive disentangling that runs along both dimensions – value neutrality vs. value non-neutrality and value independence vs. (...) value dependence. The success of this strategy rests on two factors. The first is broadening the scope of disentangling to include theoretical-explanatory values on a par with distinctly ethical values. The second is differentiating between wider and narrower conceptualisations of what value neutrality requires with respect to contested matters. The objective is to pre-empt unjust theorising, a distinctive form of epistemic injustice that derives from the exclusive methodological focus on ethical evaluations at the expense of epistemic ones. When these methodological conditions are fulfilled, opponents should gain the confidence to treat each other as fellow inquirers engaged in the same project, that of reducing the scope of unhelpful disagreements. (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)

The Lautsi case in Italy attracted widespread attention in Europe and beyond. Though the issue under contention was a Christian symbol, the European Court of Human Rights (ECHR) judgements showed changes in assessment both about religion (in contrast with former cases regarding Muslim veils) and secularism (which did not have the same meaning for everyone). In light of those rulings, this paper reflects on the concepts of neutrality and secularism and their normative implications for European citizens in terms of belonging, (...) solidarity and cohesion. An open and plural public sphere, in which intercultural exchange can flourish, is crucial if Europe is serious about the integration of its immigrants, many of whom possess a Muslim background. A ‘post-secular’ Europe may have to reconsider long-held stereotypes about religion and nuance its self-understanding as ‘secular’, in a way that religious citizens can identify with Europe too. The discussion will draw on the ideas of Taylor, Casanova, Habermas, Weiler and Beck to illustrate some of the political, ethical and theoretical complexities of the Lautsi case, specifically issues to do with neutrality, secularism and the role of religion in the public sphere. (shrink)

In this article I maintain that a progressive and leftist carbon tax should be revenue-neutral through a dual policy package: first, it should use some revenues to offset price increases for the poor and middle classes; second, it should use the remaining part of revenues to lower taxes on labour income (both employed and self-employed income) for those below a middle-income threshold. I will briefly examine three reasons why such a revenue-neutral and dual-package carbon tax (RN-DP-CT) could (and (...) should) become central in the political agenda of the European Left – even though much of what I will suggest can reasonably hold also with respect to other countries. First, the tax wage on labour in the euro area is one of the highest in the world. Second, the revenue-neutral and dual policy package carbon tax will tax more capital that yields income without a proportional increase in labour demand, rather than capital that creates new job opportunities. Third, we live in societies that are highly unequal, hence I see no moral reason why a carbon tax reform should not aim, among other things, to take wealth away from the richest. (shrink)

To Gandhi, secularism went beyond the political separation of religion and state; it was a moral commitment to uphold human dignity and social justice. His approach to secularism was intertwined with his socio-economic philosophy of Sarvodaya, or the welfare of all. Gandhi argued that true secularism required addressing the socio-economic disparities that often fueled religious tensions. He believed in the “Sarvadharmasambhava principle,” which means equal respect for all religions. This perspective aimed at eradicating prejudices and promoting a culture of empathy. (...) In this context, this paper highlights Gandhi’s views on secularism which went beyond conventional notions, emphasising the interconnectedness of spirituality, social equity, and communal harmony. The author argues that Gandhi’s vision remains a poignant reminder of the potential for secularism to facilitate societal transformation by nurturing an environment of acceptance, understanding, and unity amidst diversity. (shrink)

The intuition of neutrality, as discussed by John Broome, says that the addition of people does not, by itself, produce or subtract value from the world. Such intuition allows us to disregard the effects of climate change policy onto the size of populations, effectively allowing us to make policy recommendations. Broome has argued that the intuition has to go. Orsi responds by urging a normative (rather than Broome's axiological) interpretation of neutrality in terms of an exclusionary permission to disregard the (...) value of adding lives. He explores justifications and limits of such permission by referring to the prospect of human extinction. (shrink)

Based on a close reading of the debate between Rawls and Sen on primary goods versus capabilities, I argue that liberal theory cannot adequately respond to Sen’s critique within a conventionally neutralist framework. In support of the capability approach, I explain why and how it defends a more robust conception of opportunity and freedom, along with public debate on substantive questions about well-being and the good life. My aims are: to show that Sen’s capability approach is at odds with Rawls’s (...) political liberal version of neutrality; to carve out a third space in the neutrality debate; and to begin to develop, from Sen’s approach, the idea of public value liberalism as a position that falls within that third space.En me basant sur une lecture attentive du débat entre Rawls et Sen sur les biens premiers versus les capabilités, je soutiendrai que la théorie libérale est incapable, dans un cadre neutraliste conventionnel, de répondre adéquatement à des injustices dans le domaine de la santé. À partir de l’approche des capabilités, j’explique pourquoi et comment cette approche permet de défendre une conception plus robuste de l’opportunité et de la liberté, de même qu’un débat public sur des questions substantielles concernant le bien-être et la vie bonne. Mes objectifs sont : de clarifier le rapport entre le neutralisme de Rawls et sa défense des biens premiers,, de démontrer les implications de la critique des capabilités de Sen, et, d’esquisser une troisième position dans le débat sur la neutralité versus le perfectionnisme – à savoir, celle d’un perfectionnisme motivé par des considérations de légitimité. (shrink)

One of the main characteristics of today’s democratic societies is their pluralism. As a result, liberal political philosophers often claim that the state should remain neutral with respect to different conceptions of the good. Legal and social policies should be acceptable to everyone regard- less of their culture, their religion or their comprehensive moral views. One might think that this commitment to neutrality should be especially pronounced in urban centres, with their culturally diverse populations. However, there are a large (...) number of laws and policies adopted at the municipal level that contradict the liberal principle of neutrality. In this paper, I want to suggest that these perfectionist laws and policies are legitimate at the urban level. Specifically, I will argue that the principle of neutrality applies only indirectly to social institutions within the broader framework of the nation-state. This is clear in the case of voluntary associations, but to a certain extent this rationale applies also to cities. In a liberal regime, private associations are allowed to hold and defend perfectionist views, focused on a particular conception of the good life. One problem is to determine the limits of this perfectionism at the urban level, since cities, unlike private associations, are public institutions. My aim here is therefore to give a liberal justification to a limited form of perfectionism of municipal laws and policies. (shrink)

Postfoundational political theory has been criticized for being incapable of establishing a normative basis for politics. This is because postfoundationalism's conception of the “political” as a radical contingency disproves the existence of an objective ground that would make it possible to evaluate political movements from a neutral position. In this article, I counter this critique by distinguishing between Chantal Mouffe's political theory and other postfoundational theories based on their respective normative implications. This is done by explicating how Mouffe's (...) way of conceptualizing the political implies a conservative political disposition. In order to accomplish this, I develop an understanding of the conservative political disposition, which refers to the normative idea that police power is necessary for producing and upholding a social order. Through an analysis of Carl Schmitt's theory, I elaborate that the conservative disposition is an attempt to justify the depoliticization of social relations. On the basis of this idea that some political theories have normative implications that are in line with the conservative disposition, I examine postfoundationalism. My argument is that while Mouffe's theory does imply the idea that police power is necessary, this is not the case with other postfoundational theories. On the contrary, other postfoundational democratic theories categorically deny that a form of power, namely police power, would be necessary. (shrink)

While the volume of material inspired by Rawls’s reinvigoration of the discipline back in 1971 has still not begun to subside, its significance has been in serious decline for quite some time. New and important work is appearing less and less frequently, while the scope of the work that is appearing is getting smaller and more internal and its practical applications more difficult to discern. The discipline has reached a point of intellectual stagnation, even as real-world events suggest that the (...) need for what political philosophy can provide could not be more critical. What follows then is a set of statements about how I believe that we, as political philosophers, should approach what we do. It contains my view as to what political philosophy should be about, how political philosophy should be done, and how courses in political philosophy should be taught, interlaced with commentary on the current state of the profession. (shrink)

Theorists of liberal neutrality, including in this context David Miller, claim that it is unjust for environmental policy to privilege a particular conception of the good by appealing to normative principles derived from any substantive conception of human flourishing. However, analysis of Miller's arguments reveals the inability of procedural justice thus understood to adequately engage with the complex and contested issue of the relationship between human beings and the rest of the world. Miller's attempt to distinguish categories of public goods (...) generally, and environmental goods in particular, according to the possibility of reasonable disagreement, is seriously flawed. It results in an inability to distinguish between want-regarding and ideal-regarding justifications for the public provision of environmental goods, and more generally, an inability to recognise ecological sustainability as an important aspect of the common good. Effective environmental policy is not rendered illegitimate or unjust by incompatibility with liberal neutrality. (shrink)

Summary of Nussbaum's book. Raises worries about the political neutrality of her psychoanalytic assumptions and about whether her compassion promoting policies can adequately mitigate problems like racism, selfishness, and partiality.

Can an ordinary viewer ever experience art---particularly politically charged, socially relevant art--in a neutral, detached, and objective way? The familiar philosophical notion of disinterestedness has its roots in eighteenth-century theories of taste and was refined throughout the twentieth century. In contrast, many contemporary theorists have argued for what I call an "interested approach" in order to expand beyond the traditional emphasis on neutrality and universality. Each group, in effect, has argued for the value of a work of art by (...) excluding the other's approach. This essay will consider the legacy of the concept of disinterestedness for contemporary aesthetic theory in light of challenges posed by postmodern skepticism regarding the possibility of disinterestedness, and by the difficulties involved in appreciating political art with a disinterested attitude. My principle example of political art will be drawn from feminist art--the extraordinary and controversial performance art of the French artist, ORLAN. Unlike traditional philosophers, I will advocate that an interested stance toward art is, at times, inevitable and appropriate. I will also argue not only that feminist art--and by extension political art of all kinds--can be experienced disinterestedly, but that it should be. As a position inconsistent with both traditionalists and feminist critics of tradition, my recommendation of both disinterestedness and interestedness affords what I take to be the fullest and fairest experience of a work of art. (shrink)

Voting Advice Applications (VAAs) are interactive online tools designed to assist voters by improving the basis on which they decide how to vote. In recent years, they have been widely adopted, but their design is the subject of ongoing and often heated criticism. Most of these debates focus on whether VAAs accurately measure the standpoints of political parties and the preferences of users and on whether they report valid results while avoiding political bias. It is generally assumed that if their (...) methodology is sound, then VAAs can be seen as strengthening the democratic process. But as we argue in this chapter, the setup of VAAs raises basic questions of normative democratic theory as well. Insofar as VAAs are supposed to improve the functioning of the democratic process, it must be clarified in what sense they aim to make a contribution, before it even makes sense to discuss their effectiveness at doing so. -/- VAAs are often intended to enhance the democratic process by one or all of the following: (I) informing voters about the policy standpoints of political parties (or individual candidates), (2) increasing voter turnout, and (3) ensuring that the composition of parliaments more accurately reflects the political attitudes of the electorate. In the next three sections, we discuss three central bones of contention in current democratic theory that are crucial to these ways in which VAAs typically take themselves to contribute to strengthening the democratic process: -/- 1. Questions about citizen competence: What forms of competence do citizens need to have, and to what extent, for a democracy to function properly? -/- 2. Questions about political participation: What forms and extent of participation are vital to democracy? -/- 3. Questions about democratic representation: How should the relation between the elected and the electorate be understood? -/- For each issue we aim to show, first, how the design and setup of mainstream VAAs are tacitly structured by a specific conception of the democratic aim at issue and, second, what some alternative positions on these questions are within contemporary political theory. In the final section, we will discuss some of the implications of this analysis for the responsibilities of VAA developers, and particularly for the procedural neutrality to which they are typically committed. Our conclusion will be that once these issues are identified, developers of VAAs should either argue in favour of their views on democratic competence, participation and representation, or they should rethink the design of VA As in ways that move beyond their current assumptions, or both. (shrink)

This essay discusses the continued importance that religion holds in African life, not only in terms of numbers of believers, but also regarding the varieties of religious experience and its links with politics and the “public sphere(s)”. Coinciding with the wave of democratization and economic liberalization efforts since about 1990, a notable growth of the public presence of religion and its political referents in Africa has been witnessed; alongside “development”, religion will remain a hot issue in the future political (...) trajectory of the continent. Its renewed presence in public spheres has also led to new understandings of what religion means and how it figures into both “world-making” and identity politics. This will prolong the challenges associated with the role and status of religion in the “secular state model” found in most African countries. Can these states, while “besieged” by believers, maintain neutrality among diverse worldviews, and if so, how? The paper discusses these issues in a general manner with reference to African examples, some taken from fieldwork by the author, and makes a philosophical argument for the development of a new kind of “secular state” that can respect the religious commitments of African populations. (shrink)

I argue that a commitment to liberal neutrality, and an opposition to coercion, means that we ought to support a redistributive state in which wealth, insofar as it is instrumental in allowing us to pursue our ends, is equalised. This is due to the fact that any conception of justice and desert works in favour of some, but against others, and that those who lose out by any particular conception are likely not to consent to it (meaning that its imposition (...) is coercive). As having some understanding of justice and desert is inescapable in a society, coercion is unavoidable. However, those who are harmed by the imposition of a certain conception of justice and desert deserve compensation for their foregone position in the alternate conceptions in which they would be better off. This compensation is owed by those who have benefitted from the existing conception of justice and desert. (shrink)

If a political theory of ownership is to be acceptable, it must rationally prescribe one system or model of ownership as opposed to others. Such a prescription would be rational only if strong normative arguments could be mounted to show it more desirable than its competitors. Thus, the prefatory work for such a theory would consist in the construction of viable models of ownership from which a sound choice could be made. This project would, however, be successful only if originating (...) from coherent, evaluatively neutral analyses of the concept of ownership and other related ideas. The point of this essay is to do this prefatory work. (shrink)

Eva Erman and Niklas Möller have recently criticised a range of political theorists for committing a pragmatistic fallacy, illicitly drawing normative conclusions from politically neutral ideas abo...

This article investigates how Max Weber’s theory of value conflict is connected to his realist understanding of politics and how he conceives the relation of politics and ethics. This investigation also covers Weber’s views on the argumentative limits of the social sciences and ethics. The center of Weber’s philosophy of science is constituted by his methodological thoughts on “ethical neutrality” (Wertfreiheit) of the social sciences. The first thesis of this paper contends that Weber’s theory of a clash of (...) irreconcilable values and ideals goes back to Nietzsche. According to the second thesis of the article, the general claim of Weber’s philosophy of science is that there is no possibility of an ultimate rational, philosophical, or scientific grounding of values and normative theories. Weber’s endorsement of an ethics of responsibility in the field of politics led to the criticism that he contradicts his postulate of the “ethical neutrality” (Wertfreiheit) of the scientist. The third thesis of the paper claims that Weber’s arguments for a political ethics of responsibility are compatible with his methodological postulate. (shrink)

Does the recent success of Podemos and Syriza herald a new era of inclusive, egalitarian left populism? Because leaders of both parties are former students of Ernesto Laclau and cite his account of populism as guiding their political practice, this essay considers whether his theory supports hope for a new kind of populism. For Laclau, the essence of populism is an “empty signifier” that provides a means by which anyone can identify with the people as a whole. However, the concept (...) of the empty signifier is not as neutral as he assumes. As I show by analyzing the role of race in his theory, some subjects are constituted in a way that prevents their unmediated identification with the people. Consequently, Laclau’s view should be read as symptomatic of the problems with populist logic if its adherents are to avoid reproducing its exclusions and practice a more inclusive politics. (shrink)

Allies of those experiencing injustice or oppression face a dilemma: to be neutral in the face of calls to solidarity risks siding with oppressors, yet to speak or act on behalf of others risks compounding the injustice. We identify what we call ‘a normative demand for deference’ (NDD) to those with lived experience as a response to this dilemma. Yet, while the NDD is prevalent, albeit sometimes implicitly so, in contemporary solidarity theory and activist practice, it remains under-theorised. In (...) this article, we analyse the potential benefits of adhering to the NDD, highlighting both a commonly accepted epistemic benefit, and a neglected but important good in bearing witness. Yet adhering to the NDD also raises real challenges. While the literature focuses on a gold standard model of direct engagement, we defend a valuable role for a second-order form of engagement through reading, films, and similar media, which, we argue, is particularly salient for global and transnational solidarity, an important element of contemporary global politics. (shrink)

One of the Machiavelli's most famous and innovative thesis states that good laws arise from social conflicts, according to the Roman Empire example of the opposition between plebs and nobles. Conflicts are able to bring about order in virtue of the characteristic constrictive force of necessity, which prevents the ambition to prevail. Nonetheless, law does not neutralize the conflict; just give it a regulation. So, law is subjected to history, to the continuous change, which means that it is potentially corruptible. (...) On this account, Machiavelli says that a State can only maintain its authority through a continuous return to the originary moment, viz. to the revival of the experiences of "fear", "terror" and "punishment" lived in the originary event of the foundation. For that reason, in the origin of law is also the violence, whose combined function is to provide legitimacy to its exercise by the State apparatus as the only form to preserve political life from ruin.Uma das mais famosas e inovadoras teses de Maquiavel é a afirmação de que as boas leis nascem dos conflitos sociais, segundo o exemplo romano das oposições entre plebe e nobres. Os conflitos são capazes de produzir ordem por conter a força constritiva própria da necessidade, que impede a ambição de reinar. Contudo, a lei não neutraliza o conflito, mas apenas lhe dá uma ordenação. A lei está, pois, exposta à história, à contínua mudança, o que significa dizer que é potencialmente corruptível. Por causa desta possibilidade, Maquiavel afirma que um Estado somente mantém sua autoridade por meio de um retorno contínuo ao momento da origem, isto é, à revivência da experiência do "medo", do "terror" e da "punição" do acontecimento originário da fundação. Assim, na origem da lei está a violência, cuja função é proporcionar a legitimação de seu exercício pelo aparato estatal como única forma de preservar da ruína a vida política. (shrink)

The aim of this master’s thesis is to analyse and highlight the interaction between science, politics and law. More precisely, our research question concerns the use of scientific arguments in social spheres (notably in politics and law) instead of legal or political arguments. In fact, we want to raise the way in which certain actors invoke scientific arguments to impose "objective" elements of fact in debate and, in this way, refrain from politically and "subjectively" discussing these same elements (...) (or, at least, their social consequences). This Master’s thesis will adopt an interdisciplinary theoretical framework (chapter 1) mobilising philosophy of science, philosophy of law, sociology of law, legal technique and analytical theories. Then, we will apply it to a case study: the European regulation of genetically modified organisms (GMOs) after the European Court of Justice (CJEU) ruling of 25 July 2015 (chapter 2). The first chapter will provide theoretical elements to rethink the interaction between science, politics and law. The first section will propose a 'state of the art’ of the philosophical literature on the relationship between science (as a regime of truth) and politics. This master’s thesis will assess a truth under construction rather than a transcendental truth. Section 2 anticipates authoritarian claims based on science by considering the relationship science can have with power (Foucault). A solid review of philosophical, sociological and legal literature highlights the risks of giving decision-making power to an all-powerful science. Notably, the use of science to justify discriminatory policies is emphasised as these policies could not be challenged because, at the time, it was considered an objective scientific truth. Finally, section 3 offers a critique of the narratives of neutral and objective science, through the approach of science in action. This sociological approach presented all the doubts and subjectivity of science in action. The second chapter will propose a case study to illustrate the theoretical framework. We have chosen GMOs because they constitute a hybrid 'event', marked by scientific controversies, and with major socio-economic implications. The legal framework of GMOs in the European Union will be presented in the first section. In addition, the legal status of new breeding techniques (NBTs) will be examined. The second section will analyse the ruling of the European Court of Justice which made NBTs subject to GMO regulation. Finally, the third section will propose a reflection on the philosophy of law on the modes of existence of scientific, legal and political disciplines. (shrink)

Many philosophers of music, especially within the analytic tradition, are essentialists with respect to musical experience. That is, they view their goal as that of isolating the essential set of features constitutive of the experience of music, qua music. Toward this end, they eliminate every element that would appear to be unnecessary for one to experience music as such. In doing so, they limit their analysis to the experience of a silent, motionless individual who listens with rapt attention to the (...) sounds produced by either musicians a on stage, a stereo, or a portable device. This approach is illustrated in recent work by Nick Zangwill. Drawing on essentialist assumptions, Zangwill concludes that properly musical experience is effectively disembodied and radically private. While this seems plausible when we consider the essentialists’ paradigm case, Zangwill’s conclusion seems odd once we consider the wide variety of ways that people experience music. One’s body and social situation seem ineluctably enmeshed within the experience of, e.g., hot jazz played in a nightclub, where listeners bob their heads and dance to the music, cheer on the musicians, and socialize with their fellow concertgoers. The question this paper aims to answer is: should we consider this and similar experiences of music properly “musical”? I maintain that we should. Far from the world of pure music that Zangwill and others relegate properly musical experience, I conclude that our musical experiences are fully enmeshed within the somatic, affective, and interpersonal dimensions of human life. (shrink)

This paper challenges the first Gettier counterexample to the tripartite account of knowledge. Noting that 'the man who will get the job' is a description and invoking Donnellan's distinction between their 'referential' and 'attributive' uses, I argue that Smith does not actually believe that the man who will get the job has ten coins in his pocket. Smith's ignorance about who will get the job shows that the belief cannot be understood referentially, his ignorance of the coins in his pocket (...) shows that it cannot be understood attributively. An explanation for why Smith appeared to have justified true belief is given by distinguishing between 'belief' and 'belief in truth'. Smith believes the sentence 'the man who will get the job has ten coins in his pocket' to be true (he mistakenly believes that Jones will get the job, of whom he knows that he has ten coins in his pocket) (hence his 'belief'), the sentence is true (hence 'truth'), and he has sufficient reason to assent to it (hence his 'justification'). But he does not believe the proposition expressed. Hence he does not know it either. (shrink)

If Carl Schmitt’s Political Theology (1922) serves as a sort of ‘ground zero’ of political theological questions, at least in the disciplinary framework of political and legal theory, today’s debate has managed to look beyond Schmitt’s analysis of political authority, public law and the prerogatives of sovereign power. Schmitt’s genealogical and analogical methods have thus been redeployed to trace not only the modern concept of power back to Christian theology between the second and the fifth centuries, but to expose a (...) systemic relation between the Trinitarian idea of ‘oikonomia’ and modern forms of biopolitical governance. This chapter contributes to contemporary reflections on economic theology. Drawing on Schmitt’s early attempts to elaborate a concept of ‘neutralization’, it makes the case for a theological-based analysis of ‘neoliberalization’ after the Great Crash of 2008. (shrink)

Supporters of neutrality as benign neglect argue that a neutral state should not grant any type of recognition to cultural or religious groups. Liberal multiculturalists argue instead that due to the non-neutral nature of public institutions, democratic states must adopt policies that recognize and accommodate the distinctive needs of ethnocultural groups. This article examines a different way of conceiving the principle of neutrality. In this conception, developed by Alan Patten in the framework of liberal multiculturalism, a state can (...) only be neutral when it extends equivalent levels of assistance/hindrance to rival conceptions of the good. Neutrality is thus reinterpreted to become a principle justifying the religious exemptions. The article highlights some aspects of this theory that should be reconsidered.// -/- Les défenseurs de la neutralité bienveillante soutiennent qu’un État neutre ne doit accorder aucun type de reconnaissance aux groupes culturels ou religieux. Les multiculturalistes libéraux avancent pour leur part que, en raison de la nature non neutre des institutions publiques, les États démocratiques doivent adopter des politiques vi-sant la reconnaissance et l’accommodement des besoins distinctifs des groupes ethnoculturels. Cet article examine une manière diffé-rente de concevoir le principe de neutralité. Dans cette conception, développée par Alan Patten dans le cadre du multiculturalisme libé-ral, un État ne peut être neutre que s’il assiste ou entrave de manière équivalente les différentes conceptions du bien. La neutralité est ainsi réinterprétée pour devenir un principe permettant de justifier les exemptions religieuses. L’article souligne certains aspects de cette théorie qui méritent d’être repensés. (shrink)

I argue that political liberals should not support the monopoly of a single educational approach in state sponsored schools. Instead, they should allow reasonable citizens latitude to choose the worldview in which their own children are educated. I begin by defending a particular conception of political liberalism, and its associated requirement of public reason, against the received interpretation. I argue that the values of respect and civic friendship that motivate the public reason requirement do not support the common demand that (...) citizens “bracket” their comprehensive commitments in politics. Rather, citizens should seek to enact policies the justification of which is compatible with the truth of their fellow reasonable citizens’ worldviews. Next I argue that no single educational approach can meet this standard of justification. Many believe that state sponsored education in a pluralist, liberal society ought to present multiple worldviews in a neutral way. I argue that this aspiration is unrealizable, and no other educational model will plausibly meet the justificatory demand. Finally, I address two objections to my favored alternative: that it may allow for the inculcation of disrespect, and that it violates children’s autonomy. Against the first, I claim that political liberals have no grounds for thinking that reasonable citizens will seek to inculcate disrespect. Finally, I argue that there is no conception of autonomy that can sustain the second. (shrink)

The dissertation defends that the often-assumed link between constructivism and universalism builds on non-constructivist, perfectionist grounds. To this end, I argue that an exemplary form of universalist constructivism – i.e., O’Neill’s Kantian constructivism – can defend its universalist commitments against an influential particularist form of constructivism – i.e., political liberalism as advanced by Rawls, Macedo, and Larmore – only if it invokes a perfectionist view of the good. (En route, I show why political liberalism is a form of particularism and (...) reconstruct the role of its conception of public justification, its implied contextualism about justified belief, its conceptions of toleration, neutrality, good reasons, and legitimacy, and, not least, its justification-constitutive conception of reasonableness.) Contrary to what is often assumed, then, at the level of a vindication of the very project of a universalist constructivism, universalist constructivists should construe perfectionists not as their opponents, but as partial, though uneasy, allies. (shrink)

In Liberalism without Perfection Jonathan Quong defends a form of political liberalism; that is, a political philosophy that answers ‘no’ to both the following questions: 1. Must liberal political philosophy be based in some particular ideal of what constitutes a valuable or worthwhile human life, or other metaphysical beliefs? 2. Is it permissible for a liberal state to promote or discourage some activities, ideals, or ways of life on grounds relating to their inherent or intrinsic value, or on the basis (...) of other metaphysical claims? In these remarks, I respond to Quong’s arguments against those of his rivals who answer ‘Yes’ to his first question by dint of their comprehensive commitment to an ideal of individual autonomy. One of these, which Quong calls ‘comprehensive antiperfectionism’, answers ‘Yes’ to Question 1 and ‘No’ to Question 2. The other, which answers ‘Yes’ to both, he calls (comprehensive) ‘liberal perfectionism’. Quong poses these positions a dilemma: they cannot consistently be both comprehensive (by retaining their commitment to autonomy) and liberal (by ruling out the sort of coercive interference in people’s choices which is beyond the liberal pale). I argue on the contrary that a comprehensive commitment to autonomy actually demands a general injunction against such coercive interference, because responsibility is an important component of the autonomous life, and coercion always undermines responsibility. So, Quong’s dilemma is unsuccessful. (shrink)

The purpose of this chapter is to consider the question of whether respect for persons requires toleration of the expression of any extremist political or religious viewpoint within public discourse. The starting point of my discussion is Steven Heyman and Jonathan Quong’s interesting defences of a negative answer to this question. They argue that respect for persons requires that liberal democracies should not tolerate the public expression of extremist speech that can be regarded as recognition-denying or respect-denying speech – that (...) is, speech or other expressive conduct that expresses viewpoints that explicitly reject that all persons should be regarded and treated as free and equal persons or citizens. According to Heyman and Quong, recognition-denying speech falls outside the scope of the right to participate in public discourse (i.e. what it is a right to). In contrast to Heyman and Quong, one can argue that a strong case can be made for viewpoint neutrality on the basis of what can be called a libertarian or Nozickean status-based theory of rights. According to this theory, toleration in a liberal democracy requires respect for the status of persons as thinking agents, and respect for thinking agents and their sovereignty over their own mind requires viewpoint neutrality – that is, a basic right to participate in public discourse as speakers and listeners free from state-imposed viewpoint-based restrictions. All persons should have a basic right to express, hear and consider any viewpoint within public discourse. This doctrine of viewpoint neutrality requires that citizens in liberal democracies ought to have a legal free speech right to do moral wrong – that is, a legal right to express and defend any viewpoint within public discourse, even if it is morally wrong to express, or expose others to, such views. (shrink)

This chapter examines some central features to liberal conceptions of toleration and liberty of conscience. The first section briefly examines conceptions of toleration and liberty of conscience in the traditions of Locke, Rawls, and Mill. The second section considers contemporary controversies surrounding toleration and liberty of conscience with a focus on neutrality and equality. The third section examines several challenges, including whether non-religious values should be afforded the same degree of accommodation as religious values, whether liberty of conscience requires a (...) secular state, and how bias impedes understandings of toleration and liberty of conscience. The chapter concludes with brief comments on future directions for research on toleration and liberty of conscience. One is exploring toleration and liberty of conscience in non-Western contexts; another is exploring ways that varieties of religious and political identity impact conceptions of toleration and liberty of conscience. (shrink)