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

Quentin Skinner’s dedication to investigating Hobbes’s concept of liberty in a number of essays and books has born some unusual fruit. Not only do we see the enormous problems that Hobbes set himself by proceeding as he did, but Skinner’s careful analysis allows us to chart Hobbes’ ingenuity as he tried to steer a path between the Charybdis of determinism and the Scylla of voluntarism – not very successfully, as we shall see. The upshot is a theory of (...) individual freedom and civil liberty to challenge the classical republican traditionThis Article does not have an abstract. (shrink)

Carl Schmitt contends that liberal constitutionalism or the rule of law fails because it neglects the state of exception and the political, namely politics viewed as a distinction between friend and enemy groups. Yet, as a representative of liberal constitutionalism, Locke grapples with the state of exception by highlighting a magistrate prerogative and/or the right of the majority to act during a serious political crisis. Rather than neglecting the political, Locke’s state of war presupposes it. My thesis is that Schmitt’s (...) assault against Locke’s liberal constitutionalism is one-sided, and hence Locke’s militant liberalism can disarm it. In support of my thesis I shall argue (1) that Schmitt overlooks Locke’s distinction between liberty and license; (2) that, ironically, Schmitt’s conception of politics resembles Locke’s state of war; and (3) that Locke’s liberalism is militant rather than neutral because it excludes extremists from enjoying equal civil and political rights, as reasonable citizens do, to compete for political power. (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 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)

How should broadly liberal democratic societies stop illiberal and antidemocratic views from gaining influence while honouring liberal democratic values? This question has become particularly pressing after the recent successes of right-wing populist leaders and parties across Europe, in the US, and beyond. This book develops a normative account of liberal democratic self-defence that denounces the failures of real-world societies without excusing those supporting illiberal and antidemocratic political actors. This account is innovative in focusing not only on the role of the (...) state but also on the duties of nonstate actors including citizens, partisans, and municipalities. Consequently, it also addresses cases where the central government has at least been partly captured by illiberal and antidemocratic agents. Gabriele Badano and Alasia Nuti's approach builds on John Rawls's treatment of political liberalism and his awareness of the need to 'contain' unreasonable views, that is, views denying that society should treat every person as free and equal through a mutually acceptable system of social cooperation where pluralism is to be expected. The authors offer original solutions to vexed problems within political liberalism by putting forward a new account of the relation between ideal and non-ideal theory, explaining why it is justifiable to exclude unreasonable persons from the constituency of public reason, and showing that the strictures of public reason do not apply to those suffering from severe injustice. In doing so, the book further politicizes political liberalism and turns it into a framework that can insightfully respond to the challenges of real politics. (shrink)

In Free Market Fairness, John Tomasi tries to show that ‘thick’ economic liberties, including the right to own productive property, are basic liberties. According to Tomasi, the policy-level consequences of protecting economic liberty as basic are essentially libertarian in character. I argue that if economic liberties are basic, just societies must guarantee their fair value to all citizens. And in order to secure the fair value of economic liberty, states must guarantee that citizens of roughly similar dispositions and (...) talents are roughly equally able to use their economic liberties to develop and pursue a conception of the good. This, I will argue, is a very demanding standard that requires aggressive taxation and redistribution. (shrink)

Contemporary debates on obedience and consent, such as those between Thomas Senor and A. John Simmons, suggest that either political obligation must exist as a concept or there must be natural duty of justice accessible to us through reason. Without one or the other, de facto political institutions would lack the requisite moral framework to engage in legitimate coercion. This essay suggests that both are unnecessary in order to provide a conceptual framework in which obedience to coercive political institutions can (...) be understood. By providing a novel reading of Hobbes’s Leviathan, this article argues that both political obligation and a natural duty to justice are unnecessary to ground the ability of political institutions to engage in legitimate coercion. This essay takes issue with common readings of Hobbes which assume consent is necessary to generate obedience on the part of citizens, and furthermore that political obligation is critical for the success of political institutions. While the failure of the traditional Hobbesian narrative of a consenting individual would seem to suggest the Leviathan is indefensible as a project, this paper argues that the right of war in the state of nature was more central for Hob- bes’s understanding of political institutions than obligation. Furthermore, Hobbes provides an adequate defense of political institutions even if his arguments about consent, obligation and punishment are only rhetorical. In this way Hobbesian law is best understood as a set of practical requirements to avoid war, and not as moral requirements that individuals are bound to comply with. Thus Hobbesian political institutions are not vulnerable to contemporary philosophical anarchist criticisms about political obligation and political institutions as such. To develop this reading, I focus primarily on the Leviathan, including interpretations by Skinner, Kateb, Flathman, and Oakeshott. Ultimately, this argument provides insight into contem- porary political institutions of the state, citizenship, criminality, and the law in a world where political obligation has not been adequately justified. (shrink)

Freedom as a natural right, the importance of consent, defending the idea that government should be in the hands of the most virtuous and reflective citizens, denouncing patronage, the need to link individual and political freedom ? These are some of the characteristics of La Boétie's doctrine that I believe place him within the tradition that Quentin Skinner calls the neo-Roman conception of civil liberty. Of course, La Boétie did not write a positive defence of the rule of (...) law, as Livy did in his History of Rome and as the English republicans do, but the Discourse can easily be read as a legal plea condemning absolute monarchy and any kind of arbitrary regime. (shrink)

The contemporary political philosopher John Rawls considers himself to be part of the social contract tradition of John Locke, Jean-Jacques Rousseau and Immanuel Kant, but not of the tradition of Locke's predecessor, Thomas Hobbes. Call the Hobbesian tradition interest-based, and the Lockean tradition right-based, because it assumes that there are irreducible moral facts which the social contract can assume. The primary purpose of Locke's social contract is to justify the authority of the state over its citizens despite the fact that (...) those citizens are naturally free and equal. I assume that this task is of central importance to all right-based social contract theories: in chapter one I lay out the general problems faced by all contract theories, and in chapter two, three and four I examine in depth the accounts of political obligation offered by Locke, Rousseau, and Rawls. I conclude that all members of the right-based social contract tradition fail to provide an account of obligation that can explain the bond between a citizen and her state. (shrink)

Locke’s Second Treatise of Government lays the foundation for a fully liberal order that includes representative and limited government, and that guarantees basic civil liberties. Though future thinkers filled in some gaps left in his doctrine, such as division of powers between executive and judicial branch of government, as well as fuller exposition of economic freedom and human rights, it is Locke, who paves the way for others. The article reviews the Treatise, paying particular attention to his ingenious way to (...) render absolute power illegitimate and to create an order that breeds citizens, not subject. In this, the article claims, Locke is a Whig rather than a continental liberal. He worries about state omnipotence and the threat it poses for citizens. Though resorting to an abstract construct—state of nature—he still is a common sense, English thinker, far from a continental reformer who would thoroughly redesign the existing order. (shrink)

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

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)

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

A half-century of Rawls interpreters have overemphasized economic equality in A Theory of Justice, slighting liberty—the central value of liberalism—in the process. From luck-egalitarian readings of Rawls to more recent claims that Rawls was a “reticent socialist,” these interpretations have obscured Rawls’s identity as a philosopher of freedom. They have also obscured the perhaps surprising fact that Rawlsian liberties (basic and non-basic) restrain and even undermine that same economic equality. As I will show in this article, such undermining occurs (...) in three areas: first, in the lexical priority of the basic liberties; second, in the (underappreciated) role played by free and competitive markets in Rawls’s theory; and third, in the structure and functioning of Rawls’s preferred economic institutions, viz., liberal socialism and property-owning democracy. (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.

The aim of this essay is to clarify the meaning and extent of Kant's liberalism by contrasting some of his key ideas to those of Burke, Hobbes, Machiavelli, Nozick, Rawls, and Schmitt. My claim is that Kant's political philosophy navigates the path between the extremes of liberalism and conservatism, just as his theoretical philosophy tries to navigate between dogmatism and skepticism, and that current liberal claim on Kant has important limitations in Kant's letter, as well as in spirit.

In this essay I discuss a powerful challenge to high-liberalism: the challenge presented by neoclassical liberals that the high-liberal assumptions and values imply that the full range of economic liberties are basic rights. If the claim is true, then the high-liberal road from ideals of democracy and democratic citizenship to left-liberal institutions is blocked. Indeed, in that case the high-liberal is committed to an institutional scheme more along the lines of laissez-faire capitalism than property-owning democracy. To present and discuss this (...) challenge, I let John Rawls represent the high-liberal argument that only a narrow range of economic liberties are basic rights and John Tomasi represent the neoclassical liberal argument that the full range of economic liberties are basic rights. I show that Rawls’s argument is inadequate, but also that Tomasi’s argument fails. I thus conclude that high-liberalism is in a precarious situation, but is not yet undone by the neoclassical liberal challenge. (shrink)

Rawls in his later philosophy claims that it is sufficient to accept political conception as true or right, depending on what one's worldview allows, on the basis of whatever reasons one can muster, given one's worldview (doctrine). What political liberalism is interested in is a practical agreement on the political conception and not in our reasons for accepting it. There are deep issues (regarding deep values, purpose of life, metaphysics etc.) which cannot be resolved through invoking common reasons (this is (...) the fact of free reason itself), and trying to resolve them would involve us in interminable debates and would hamper the practical task of agreement on the political conception. Given the absolute necessity of a political society which is stable and enduring, it is thus wise to avoid these issues in founding a political society and choosing its basic principles - this is the pragmatic part of Rawls's position. In this paper I argue that this strategy leads Rawls into a paradox: (i) although the intention is to stay independent of comprehensive doctrines, the political conception is in fact totally (and precariously) dependent on comprehensive doctrines (not just on one doctrine but on each and every major doctrine in society). It is dependent on them: for its conceptualisation as an independent idea, for its justification, for the check of its reasonability in relation to the external world, for the formation of identities and value inculcation and hence for the formation of its model citizen; (ii) the very search for independence makes the political conception more dependent on comprehensive doctrines, and by extension makes it potentially more prone to intervention in and tampering with comprehensive doctrines (it is enough to show that it is a strong conceptual possibility to cast doubt on the whole strategy). Thus, for example, the political conception relies on the hope that “firmly held convictions gradually change” and that it would “in fact . . . have the capacity to shape those doctrines toward itself”. The purpose of the Rawlsian conjecture is to give these “hopes” a concrete, practical form by giving advice to proponents of the comprehensive doctrine on how they can do all this and “try to show them that, despite what they might think, they can still endorse a reasonable political conception”. I further argue that this paradox can be overcome by making the core of political liberalism more flexible. (shrink)

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

In ‘Public Reason and Prenatal Moral Status’ (2015), Jeremy Williams argues that the ideal of Rawlsian public reason commits its devotees to the radically permissive view that abortion ought to be available with little or no qualification throughout pregnancy. This is because the only (allegedly) political value that favours protection of the foetus for its own sake—the value of ‘respect for human life’—turns out not to be a political value at all, and so its invocation in support of considerations bearing (...) upon the permissibility of abortion is beyond public reason’s remit. Thus, it will scarcely if ever be legitimate to restrict women’s equality and bodily autonomy for the sake of the foetus, even at full term. In this paper, I argue that Williams fails to establish that Rawlsian reasonable citizens must endorse the radically permissive stance vis-à-vis abortion. Citizens can, I claim, reasonably accord the value of respect for human life weight, and indeed converge on the claim that it outweighs other salient political values, during later stages of gestation. Nevertheless, Williams’s argument gets something right in that it reveals why the value of respect for human life is inadmissible at the bar of public reason in early stages of pregnancy. But then, far from throwing Rawlsian public reason into disrepute, Williams’s argument actually (albeit inadvertently) provides arguably more compelling grounds than any hitherto rallied for endorsing Rawls’s much maligned claim that opposition to the duly qualified right to abortion in the first trimester of pregnancy is ‘unreasonable’. (shrink)

Public justification in political liberalism is often conceptualized in light of Rawls’s view of its role in a hypothetical well-ordered society as an ideal or idealizing form of justification that applies a putatively reasonable conception of political justice to political matters. But Rawls implicates a different idea of public justification in his doctrine of general reflective equilibrium. The paper engages this second, more fundamental idea. Public justification in this second sense is actualist and fundamental. It is actualist in that it (...) fully enfranchises actual reasonable citizens. It is fundamental in that political liberalism qualifies conceptions of political justice as reasonable to begin with only if they can be accepted coherently by actual reasonable citizens. Together, these features invite the long-standing concern that actualist political liberalism is objectionably exclusionary. I argue that the exclusion objection, while plausible, is more problematic in own right than it seems if actualist and fundamental public justification hypotheticalizes and discursive respect is compatible with substantive discursive inequality. This leaves proponents and critics of political liberalism with deeper questions about the nature of permissible discursive inequality in public justification. (shrink)

In this essay I develop and defend a theory of state punishment within a wider conception of political legitimacy. While many moral theories of punishment focus on what is deserved by criminals, I theorize punishment within the specific context of the state's relationship to its citizens. Central to my account is Rawls's “liberal principle of legitimacy,” which requires that all state coercion be justifiable to all citizens. I extend this idea to the justification of political coercion to criminals qua citizens. (...) I argue that the liberal principle of legitimacy implicitly requires states to respect the basic political rights of those who are guilty of committing crimes, thus prohibiting capital punishment. (shrink)

Contemporary egalitarian liberals—unlike their classical counterparts—have lived through many contentious events where the right to freedom of expression has been tested to its limits—the Skokie, Illinois, skinhead marches, hate speech incidents on college campuses, Internet pornography and hate speech sites, Holocaust deniers, and cross-burners, to name just a few. Despite this contemporary tumult, freedom of expression has been nearly unanimously affirmed in both the U.S. jurisprudence and philosophical discourse. In what follows, I will examine Ronald Dworkin's influential contemporary justification for (...) freedom of expression, which claims that a thoroughgoing right to freedom of expression is justified by the fact that it guarantees and preserves liberalism's commitment to equality by offering everyone an opportunity to speak, whereas any other policy, such as state regulation, would fail to offer this equal opportunity. This justification has been challenged by feminists and critical race theorists, who find the cases of pornography and hate speech to be sufficient threats to the freedom of expression and equality of their targets—women and minorities—to warrant limiting freedom of expression in these cases. I will argue that if Dworkin is to take equality as seriously as he claims to, then, by his own lights, he must back away from an unrestricted freedom of expression, in light of these distinctly contemporary challenges of the harms of systemic racism and sexism, which underlie hate speech and pornography. (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)

Rawls's theory of political obligation attempts to avoid the obvious flaws of a Lockean consent model. Rawls rejects a requirement of consent for two reasons: First, the consent requirement of Locke’s theory was intended to ensure that the liberty and equality of the contractors was respected, but this end is better achieved by the principles chosen in the original position, which order the basic structure of a society into which citizens are born. Second, "basing our political ties upon a (...) principle of obligation would complicate the assurance problem." Instead, Rawls offers a duty-based account, whereby we are duty-bound to support and comply with just institutions that apply to us. A. John Simmons argues that Rawls cannot meet the particularity requirement of establishing political obligation to only one state. I assess the response that this requirement can be met by the political constructivist element of Rawls's theory. I conclude that there are fatal flaws in this response. (shrink)

The paper is focused on the criticisms that theorists of political constitutionalism raise against legal constitutionalism, especially with regard to the idea of representation and political sovereignty. At the same time, the intention is to reconstruct the debate between legal and political constitutionalism in contemporary liberalism, starting from the so-called counter-majoritarian difficulty. This debate concerns two different approaches: the political one rejects the idea of judicial review by the Supreme Court because it may establish a possible rule of the judges (...) (Michelman; Dworkin). It defends the role of Parliament in constitutional matters, in contrast with the role of the Supreme Court, inasmuch as – according to them – it is not open to political participation. Parliament is considered the only place in which we can exercise our constitutional power and in which our rights could be adequately protected (Bellamy; Waldron; Tushnet; Goldoni). On the other hand, legal constitutionalism upholds the idea of judicial review, defending the role of the Supreme Court as “exemplar of public reason” (Rawls 1993). This article tries to answer to three fundamental questions about constitutional democracy under the banner of political liberalism: 1. What do we mean by counter-majoritarian difficulty? 2. What is the answer that legal and political model of constitutionalism give to this question? 3. What is the role of constitutional courts in democratic regimes and what is their authority within the State? (shrink)

This paper explores the question of whether there can be a right to secede from a liberal state by examining the concept of a liberal state and the different forms of liberalism that may be appealed to in order to justify secession. It argues that where the foundations of the state’s legitimacy are conceived in terms of a non-derivative right to self-determination, then secession from a liberal state may be a justified form of action for different types of groups including (...) ‘illiberal’ ones. If, however, a broader definition of political legitimacy is adopted – one that is predicated upon the liberal notions of individual moral autonomy and equality – then the right to independent statehood will generally not include a right to secede from a state that already upholds these principles. Consequently, liberal theorists of secession are forced to choose between particularizing a right of independent statehood to groups trapped in illiberal states, or acknowledging that the right to secede includes a right to establish an ‘illiberal’ state that bestows upon its citizens unequal rights and entitlements other than a right of exit. (shrink)

For over 30 years, Ozamiz city was ruled by a political dynasty whose predatory politics has brought about the radical deficit of democracy in the state. Politics in the city is characterized with political harassments and violence. For three decades the ruling family succeeded in reformulating the democratic values of the place that they were able to rule the city without any threats of popular uprising and protestations. With their political machinery they were able to hostage the people of Ozamiz; (...) often denying most of the citizens their freedom to insist for their fundamental democratic rights and entitlements. However, with the advent of a radical leadership exemplified by Chief Inspector Jovi Espenido, the fate of democracy in the city is radically empowered. This paper intends to examine the state of politics of Ozamiz city following Chantal Mouffe’s radical democratic paradigm. It aims to elucidate how Mouffe’s antagonistic democracy fits to the state of politics in Ozamiz after the progressive leadership of Jovi Espinido was realized. (shrink)

This interview explores the extent to which Kant’s philosophy, which postulates certain moral principles categorically, has influenced the contemporary theory of justice. Many academics believe such principles to be relative and emphasise that justice lies beyond the remit of science. Otfried Höffe is convinced that categorical legal principles remain a valid subject for an academic discussion. In his works, he often appeals to Kantian philosophy. In the interview, Prof. Dr. О. Höffe refers to such famous German Neo-Kantian philosophers of law (...) as R. Stammler and G. Radbruch. He also mentions J. Rawls and J. Habermas — self-confessed adherents of the Kantian tradition in moral philosophy. Prof. Dr. Höffe expounds his views on the problems discussed by these authors. He dismisses G. W. F. Hegel’s criticism of Kant and denies the dependence of the fundamental principles of justice on the Zeitgeist and the opinions of the masses. The interviewee calls freedom the supreme human value, advocates the idea of a democratic constitutional state (he considers the principles of a social state as a mission of the state rather than a subjective right of citizens), and argues that dictatorship and tyranny deserve resistance. Prof. Dr. Höffe gives detailed definitions of the notions of transcendental exchange, categorical legal principles, enlightened liberal democracy, and a world republic. This interview will supplement the body of Prof. Dr. Höffe’s works that have already been translated into Russian. (shrink)

The purpose of the article is to identified the origin and essence of Western individualism. Methods of research. I used the methodology of post-nonclassical metaphysics of history, as well as the methods of epistemological polytheism and comparative. Results. The first sprouts of individualism can be detected in Greek poleis. It is the crisis of the polis system in Ancient Greece that predetermined the disappointment of the Greeks in the old collectivist ideals. Roman collectivism quite naturally got along with ideas about (...) civil liberties and the dignity of an individual citizen. The idea of citizenship was brought to the theoretical perfection by moving it beyond the boundaries of city walls. The Christian ideal is not a self-sufficient person, but the community of believers. It is the weakening of the church’s position and the strengthening of the influence of Antiquity that led to the formation of the Western style of thinking, which became the basis of the new European civilizational project. John Locke rethought the Hobbesian “Roman” theory of the social contract, thereby laying the foundations of liberalism, and hence of individualism. However, radically changing the hierarchical society, even the shaken revolution and the restoration of the Stuarts, no theoretical work could not. But in the New World, free from class barriers, Locke’s ideas found a much more fertile soil. Conclusions. The Western version of individualism emerges as a civilizational ideal at the junction of two completely different paradigms — the Ancient (Greek and Roman) and the Christian. Being present in the “body” of the West, individualism could not access its code. The latter was guarded by numerous barriers, among which the Catholic collectivism and the class divisions of hierarchical society were the most powerful guards. In American society, security barriers were significantly weaker, which allowed individualism to develop in the United States. Then American individualism returned to Europe and is now perceived as an integral element of Western civilization. (shrink)

The article presents Lord Acton’s notion of liberalism and citizenship. Liberalism, as ordinarily understood, treats the individual as the founding stone of civil society and the measure of political order – man and woman and their rights are supreme. In the past, this allowed liberalism to delegitimize society of estates and absolutism, yet it raised the insoluble dilemma of how to reconnect the self‑sufficient individual with the society and the state. Furthermore, social engineering employed in service of equality and individual (...) rights, made liberalism an abstract doctrine, hostile to any tradition and illiberal in its nature. Unlike this doctrinaire liberalism, Actonian liberalism is organic, thriving on national tradition and having only one arbitrary element – higher law that is the yardstick of good and evil. Organic liberalism knows not the contradiction between the individual and the polity. It balances the rights of the individual with the respect for the national tradition, and stresses individual and communal liberty as the ultimate aim of politics. Further, man and woman participate in a multitude of intermediate organizations in which they can truly exercise their citizenship. Organic liberalism, as Acton claims, is a constant element of Western Civilization, even if it achieves its maturity sometime in the seventeenth‑eighteenth century. It then become a characteristic feature of Anglo‑American liberalism. (shrink)

The language of rights pervades modern social and political discourse and yet there is deep disagreement amongst citizens, politicians and philosophers about just what they mean. Who has them? Who should have them? Who can claim them? What are the grounds upon which they can be claimed? How are they related to other important moral and political values such as community, virtue, autonomy, democracy and social justice? In this book, Duncan Ivison offers a unique and accessible integration of, and introduction (...) to, the history and philosophy of rights. He focuses especially on the politics of rights: the fact that rights have always been, and will remain, deeply contested. He discusses not only the historical contexts in which some of the leading philosophers of rights formed their arguments, but also the moral and logical issues they raise for thinking about the nature of rights more generally. At each step, Ivison also considers various deep criticisms of rights, including those made by communitarian, feminist, Marxist and postmodern critics. The book is aimed at students and readers coming to these issues for the first time, but also at more knowledgeable readers looking for a distinctive integration of history and theory as applied to questions about the nature of rights today. (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. 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)

In this paper, I contrast two approaches to political legitimacy, both influenced by Rawls. One is the classic political liberal picture, according to which a state is legitimate if its “constitutional essentials” could be endorsed by reasonable citizens. The alternative is the idea that what makes a state legitimate is primarily its success at organizing the basic structure in a way that is demonstrably favorable to the governed. Specifically, I suggest that a state is legitimate insofar as it organizes the (...) basic structure in a manner that makes it easier for citizens to behave justly towards one another and adopt autonomous choices. I then move to demonstrate the superiority of this normative impact solution to the problem of legitimacy vis-à-vis political liberalism, even when reasonable disagreement about justice is factored in. (shrink)

My aim in this chapter is to take the complexity of our histories of rights as seriously as the nature of rights themselves. Let me say immediately that the point is not to satisfy our sense of moral superiority by smugly pointing out the prejudices found in arguments made over three hundred years ago. We have more than our own share of problems and prejudices to deal with. Rather, in coming to grips with this history, and especially how early-modern political (...) theorists struggled with the extension and application of natural rights to the ‘New World’, we may learn something about our own struggles to extend human rights beyond the boundaries of the state system of which Grotius, Hobbes, Locke and Vattel were among the key intellectual architects. For Richard Tuck, the autonomous rights-bearing agent at the heart of liberal individualism is a product of seventeenth-century theorizing about the nature of the autonomous state acting in the international sphere. The sovereign individual is the ‘traditional cousin of the sovereign state’, argues Tuck, and especially the aggressive, violent, and minimally constrained relative described by Hugo Grotius, Thomas Hobbes, John Locke and Emer de Vattel. Thus the connection between liberalism and imperialism, on this reading, is not merely chronological or historical but metaphysical. The analogy between the sovereign state and the sovereign individual acting on the basis of their natural rights, constrained by the recognition of the basic rights of others (but not much more than that) represents an influential vision of liberal freedom. This minimalist account of freedom represents only one vision, however, and Tuck’s account of the pre-history of liberal rights has to be balanced against other conceptions, including more emancipatory ones. (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)

Nancy MacLean’s book, Democracy in Chains, raised questions about James M. Buchanan’s commitment to democracy. This paper investigates the relationship of classical liberalism in general and of Buchanan in particular to democratic theory. Contrary to the simplistic classical liberal juxtaposition of “coercion vs. consent,” there have been from Antiquity onwards voluntary contractarian defenses of non-democratic government and even slavery—all little noticed by classical liberal scholars who prefer to think of democracy as just “government by the consent of the governed” and (...) slavery as being inherently coercive. Historically, democratic theory had to go beyond that simplistic notion of democracy to develop a critique of consent-based non-democratic government, e.g., the Hobbesian pactum subjectionis. That critique was based firstly on the distinction between contracts or constitutions of alienation (translatio) versus delegation (concessio). Then the contracts of alienation were ruled out based on the theory of inalienable rights that descends from the Reformation doctrine of inalienability of conscience down through the Enlightenment to modern times in the abolitionist and democratic movements. While he developed no theory of inalienability, the mature Buchanan explicitly allowed only a constitution of delegation, contrary to many modern classical liberals or libertarians who consider the choice between consent-based democratic or non-democratic governments (e.g., private cities or shareholder states) to be a pragmatic one. But Buchanan seems to not even realize that his at-most-delegation dictum would also rule out the employer-employee or human rental contract which is a contract of alienation “within the scope of the employment.”. (shrink)

In my 1990 work – Marxism, Morality, and Social Justice – I argued for four modifications of Rawls’s principles of social justice and rendered a modified version of his theory in four principles, the first of which is the Basic Rights Principle demanding the protection of people’s security and subsistence rights. In both his Political Liberalism and Justice as Fairness Rawls explicitly refers to my version of his theory, clearly accepting three of my four proposed modifications but rejecting the fourth (...) ‐‐ the demand for social and economic democracy – on grounds that it automatically justifies socialism as opposed to capitalism. I argue, contrary to Rawls, that it is not true that this demand automatically picks socialism as the preferablesocioeconomic/political system and that a Social and Economic Democracy Principle demanding workplace and neighborhood democracy is officially neutral between these two systems … although plausible empirical assumptions may, indeed, favor the former. I then significantly elaborate my second version of Rawls’s theory of social justice which is composed of the following principles arranged in a very strong order of priority : Basic Rights Principle, Equal Basic Liberties Principle, Fair Equality of Opportunity Principle, Modified Difference Principle, and Social and Economic DemocracyPrinciple. I argue that this elaborated version of the theory – which I call “Justice as Fair Rights” – is better than either Rawls’s original theory or my previous versions of it. (shrink)

Across almost a decade, Desmond Tutu, Anglican cleric and chairman of South Africa’s Truth and Reconciliation Commission, supported a model of civil resistance against the apartheid regime based solely on religious argument. Tutu is one of what Appleby (2000) calls the “religious militants for peace”: people of faith who use religious arguments to buttress resistance against unjust regimes and to support vital political change with regard to rights and justice. Yet the employment of religious arguments to justify political action seems (...) to contradict the liberal democratic requirements of public reason, particularly the duty of liberal citizens to provide reasons that others could reasonably endorse. If “religious militants” violate their duty of civility by appealing to their comprehensive doctrines, should liberal democracy exclude this form of religiously founded dissent as being unreasonable? Or, rather, should liberal democracy embrace and support the efforts of “religious militants” to enhance and/or restore political justice? (shrink)

The project of “public reason” claims to offer an epistemological resolution to the civic dilemma created by the clash of incompatible options for the rational exercise of freedom adopted by citizens in a diverse community. The present Article proposes, via consideration of a contrast between two classical accounts of dialectical reasoning, that the employment of “public reason,” in substantive due process analysis, is unworkable in theory and contrary to more reflective Supreme Court precedent. Although logical commonalities might be available to (...) pick out from the multitude of particularized accounts of what constitutes “civic order,” no “public reason” so derived could adequately capture - and thus be able to secure in a practical sense - any single determinate civic order, much less one that would be consistent with all citizens' conceptions of public order. Part I of this Article raises a number of issues for consideration relating to the epistemology of law and focuses especially on the concept of public reason and its critique. Part II addresses alternative approaches to legal reasoning suggested by classical accounts of practical reasoning and virtue theory and considers the operation of such legal analysis outside the area of substantive due process; Part III analyzes post-Lawrence case law confirming the dilemma created by the Supreme Court's ambiguous approaches to substantive due process and concludes that only one interpretation - that articulated fully in Washington v. Glucksberg and given lip service in Lawrence v. Texas - provides a method for resolving novel substantive due process challenges that is philosophically sound as well as historically coherent. Rather than perpetuating a fiction that denies the propriety of lawmaking unless based on principles that all citizens can rationally agree upon, an appropriate model of substantive due process analysis recognizes that law must inevitably be based upon principles that cannot be agreed upon by all citizens in virtue of rationality alone. -/- Abstract Footnotes (291) Beta -/- Revise My Submission -/- -/- One-Click Download | Share | Email | Add to Briefcase -/- Facebook | Twitter | Digg | Del.icio.us | CiteULike | Permalink Using the URL or DOI link below will ensure access to this page indefinitely -/- Based on your IP address, your paper is being delivered by: New York, USA Processing request. [Processing request.] Illinois, USA Processing request. [Processing request.] Brussels, Belgium Processing request. [Processing request.] Seoul, Korea Processing request. [Processing request.] California, USA Processing request. [Processing request.] -/- If you have any problems downloading this paper, please click on another Download Location above, or view our FAQ File name: SSRN-id1004757. ; Size: 424K -/- Sample Cover You will receive a black and white printed and perfect bound version of this document in 8 1/2 x 11 inch format, with glossy color front and back covers. Currently shipping to the US addresses only. Your order will be shipped within three business days. Quantity: Total Price = $0.50 plus shipping (U.S. Only) -/- If you have any problems with this purchase, please email [email protected] or call 1-585-442-8170. Reason's Freedom and the Dialectic of Ordered Liberty -/- Edward C. Lyons University of Notre Dame Law School -/- Cleveland State Law Review, Vol. 55, p. 157, 2007 -/- Abstract: The project of "public reason" claims to offer an epistemological resolution to the civic dilemma created by the clash of incompatible options for the rational exercise of freedom adopted by citizens in a diverse community. The present Article proposes, via consideration of a contrast between two classical accounts of dialectical reasoning, that the employment of "public reason," in substantive due process analysis, is unworkable in theory and contrary to more reflective Supreme Court precedent. Although logical commonalities might be available to pick out from the multitude of particularized accounts of what constitutes "civic order," no "public reason" so derived could adequately capture - and thus be able to secure in a practical sense - any single determinate civic order, much less one that would be consistent with all citizens' conceptions of public order. -/- Part I of this Article raises a number of issues for consideration relating to the epistemology of law and focuses especially on the concept of public reason and its critique. Part II addresses alternative approaches to legal reasoning suggested by classical accounts of practical reasoning and virtue theory and considers the operation of such legal analysis outside the area of substantive due process; Part III analyzes post-Lawrence case law confirming the dilemma created by the Supreme Court's ambiguous approaches to substantive due process and concludes that only one interpretation - that articulated fully in Washington v. Glucksberg and given lip service in Lawrence v. Texas - provides a method for resolving novel substantive due process challenges that is philosophically sound as well as historically coherent. -/- Rather than perpetuating a fiction that denies the propriety of lawmaking unless based on principles that all citizens can rationally agree upon, an appropriate model of substantive due process analysis recognizes that law must inevitably be based upon principles that cannot be agreed upon by all citizens in virtue of rationality alone. -/- Keywords: substantive due process, practical reason, public reason, Rawls, Casey, Lawrence, Glucksberg, Plato, Aristotle, Kant, Hegel, dialectic, autonomy, freedom -/- . (shrink)

Is there a principled way to understand what liberal democratic states owe, as a matter of justice, to the victims of disasters? This article shows what is normatively special and distinctive about disasters and argues for the view that there are substantial duties of justice for liberal democratic states. The article rejects both a libertarian and a utilitarian approach to this question and, based on broadly Rawlsian principles, argues for a ‘political definition’ of disasters that is concerned with the restoration (...) of citizens' dignity and their capacities for effective citizenship. (shrink)

The human rights often are cited as an ultimate goal for the discipline of social science. It guides the UN in the pursuit of its organizational mission, and the civil democratic government generally endorses this paradigm of state rule as supreme. Nonetheless, it seems a mishap if the human rights are thought to be valued only in the courtroom or police office. They are the kind of ubiquitous concept that we could share and must share, who would be the scientists (...) in ideological pursuit, the policy makers and administrators in state engineering, and even the business enterprises in the emerging influence. It is typically regrettable if the human rights are not one of foremost concern, but a penumbra from the callous public officers while the human rights allow them to stand fundamentally. They comprise the magic code they are required to respect than any other priority, and also provide the basis of ethics on which the administrators deliberate. The paper attempts to deal with the theme of human rights, and delineates the elements of them with the aid of history and philosophy as well as comparative summary if adequate. Then the author leads the discussion to any new perspective or suggestion in the face of modern administrative state and social progress. (shrink)

Honors Research: PPE @ UPenn | This thesis seeks to address some of the most central questions to the fields of political philosophy and political economy. How can social order and government develop from anarchy under standard economic assumptions of rationality, where all agents act strictly in their own interests? What are the deontological limits to the State’s use of force such that political legitimacy is maintained, and how do these ethical boundaries of government relate to moral obligations conferred upon (...) individuals? Finally, what sets of policies and social institutions ought the State implement to achieve the best welfare outcomes for a society, and is there a necessary conflict between policy consequentialism and deontological ethics? This thesis will first show that a laissez-faire capitalist social order spontaneously emerges from the State of Nature as a result of mutual self-interest between rational agents, with the institution of government being a mere product of market forces that is best modeled as a locally-monopolized, excludable, collective entity with global competition. Then, this thesis will defend a theory of natural rights on the basis that persons are normatively separate, before establishing that laissez-faire capitalism and its contractual form of government are uniquely in compliance with these universal moral standards of conduct that predate the institution of any state. Finally, it will be argued in this thesis that the key tenets of laissez-faire capitalism - strong individual rights to life, liberty, and property - produce maximal human welfare from both individualist and collectivist aggregations, before such conclusions are translated into a foundation for limited government. These arguments serve to solidify libertarianism as both the dominant political philosophy and the globally convergent equilibrium of political organization, while also demonstrating that laissez-faire capitalism is the optimal form of social order. (shrink)

Current events force upon Americans not only the duties of a citizen of a nation at war but also the conceptual challenge of understanding the nature of citizenship. In Aristotle and the Rediscovery of Citizenship Susan Collins argues that contemporary liberal political theory, based on presuppositions about the priority of the individual to the state, is incapable of responding to such an intellectual challenge. At least since the publication of John Rawls’ Political Liberalism (1993), contemporary liberal political theory has struggled (...) to articulate an account of liberal citizenship which captures the obligations inherent in citizenship consistent with the individual freedom inherent in liberalism. But Collins argues that it is only through a return to Aristotle, who does not share liberal presuppositions, that we can understand the limitations of the liberal notion of citizenship adequately. To understand two crucial issues—the relationship of the right to the good and the nature of civic education—Collins claims we “must begin from Aristotle’s treatment of law and the education to moral virtue in his Nicomachean Ethics. This treatment opens the way to his direct investigation of the meaning and limits of citizenship in the Politics” (3). (shrink)

Much recent philosophical work on social freedom focuses on whether freedom should be understood as non-interference, in the liberal tradition associated with Isaiah Berlin, or as non-domination, in the republican tradition revived by Philip Pettit and Quentin Skinner. We defend a conception of freedom that lies between these two alternatives: freedom as independence. Like republican freedom, it demands the robust absence of relevant constraints on action. Unlike republican, and like liberal freedom, it is not moralized. We show that freedom (...) as independence retains the virtues of its liberal and republican counterparts while shedding their vices. Our aim is to put this conception of freedom more firmly on the map and to offer a novel perspective on the logical space in which different conceptions of freedom are located. (shrink)

Hate groups are often thought to reveal a paradox in liberal thinking. On the one hand, such groups challenge the very foundations of liberal thought, including core values of equality and freedom. On the other hand, these same values underlie the rights such as freedom of expression and association that protect hate groups. Thus a liberal democratic state that extends those protections to such groups in the name of value neutrality and freedom of expression may be thought to be undermining (...) the values on which its legitimacy rests. In this paper, I suggest how this apparent paradox might be resolved. I argue that the state should protect the expression of illiberal beliefs, but that the state (along with its citizens) is also obligated to criticize publicly those beliefs. Distinguishing between two kinds of state action—coercive and expressive—I contend that such criticism should be pursued through the state’s expressive capacities in its roles as speaker, educator, and spender. Here I extend the familiar idea that law, to be legitimate, must be widely publicized; I contend that a proper theory of the freedom of expression obligates the legitimate state to publicize the reasons that underlie rights, in particular reasons that appeal to the entitlement of each citizen subject to coercion to be treated as free and equal. My theory of freedom of expression is thus “expressive” in two senses: it protects the entitlement of citizens to express any political viewpoint, and it emphasizes a role for the state in explaining these free-speech protections and persuading its citizens of the value of the entitlements that underlie them. (shrink)

al-Fārābi was well aware that ecumenism can easily convert to tyranny if a certain city–state attempts to impose its laws outside its territory. State legislation depends on specific cultural and historical factors which deprives it from being universal because culture and history could not unite different nations in an ecumenical state. Legislation has to be built on universal premises, e.g. on philosophy, so as to serve the needs of a global state. Philosophy is the bond which unites humans and communities, (...) while religion and legislation are disruptive factors. Despite the fact that in our days there are different philosophies, philosophy encourages dialogue, not hatred. As a result, al-Fārābi was right when he founded his ecumenical state on philosophy. Consequently, philosophers ought to persuade the citizens through rational arguments, dialectic, symbols and religion so as to accept the existence of an ecumenical state. The goal of this state is the supreme good, understood as the theoretical living. Al-Fārābi’s ecumenism is a means for the perfection of human beings and societies and not simply for the augmentation of wealth, as it is seen today. Al-Fārābi dreams of an anthropocentric ecumenical state. I support that this should be the form of modern ecumenism. While modern scholars have strong objections to the governing of philosophers, we should agree that philosophy is the appropriate universal language. The persistence on power and other divisive factors, such as religion or tradition, is doomed to fail. (shrink)

John Rawls’ gamification of justice leads him – along with many other monist political philosophers, not least Ronald Dworkin – to fail to take politics seriously enough. I begin with why we consider games frivolous and then show how Rawls’ theory of justice is not merely analogous to a game, as he himself seems to claim, but is in fact a kind of game. As such, it is harmful to political practice in two ways: one as regards the citizens who (...) participate directly in it, and the other as regards those who do no more than follow it. Similar harms, I then argue, come from taking politics too seriously, which is the attitude I ascribe to pluralist political philosophers such as Isaiah Berlin, Stuart Hampshire, and Bernard Williams. To them, the plural, incommensurable nature of values means that they cannot be reconciled and so that politics must be a matter of negotiating dirty, and often tragic, compromises. What we need instead, I conclude, is a third way, one that is neither monist nor pluralist but in-between the two extremes. (shrink)