We regularly wield powers that, upon close scrutiny, appear remarkably magical. By sheer exercise of will, we bring into existence things that have never existed before. With but a nod, we effect the disappearance of things that have long served as barriers to the actions of others. And, by mere resolve, we generate things that pose significant obstacles to others' exercise of liberty. What is the nature of these things that we create and destroy by our mere decision to do (...) so? The answer: the rights and obligations of others. And by what seemingly magical means do we alter these rights and obligations? By making promises and issuing or revoking consent When we make promises, we generate obligations for ourselves, and when we give consent, we create rights for others. Since the rights and obligations that are affected by means of promising and consenting largely define the boundaries of permissible action, our exercise of these seemingly magical powers can significantly affect the lives and liberties of others. (shrink)

In this wide-ranging interview, Bob Jessop discusses the development of, and many of the main themes in, his work over the last fifty years. He explains how he became interested in realism and Marx...

This book explores the thesis that legal roles force people to engage in moral combat, an idea which is implicit in the assumption that citizens may be morally required to disobey unjust laws, while judges may be morally required to punish citizens for civil disobedience. Heidi Hurd advances the surprising argument that the law cannot require us to do what morality forbids. The 'role-relative' understanding of morality is shown to be incompatible with both consequentialist and deontological moral philosophies. In (...) the end, Hurd shows that our best moral theory is one which never makes one actor's moral success turn on another's moral failure. Moral Combat is a sophisticated, well-conceived and carefully argued book on a very important and controversial topic at the junction between legal and political philosophy. It will be of interest to moral, legal, and political philosophers, as well as teachers and students of professional ethics in law. (shrink)

This chapter concentrates on two discussions, both of which enlist Wittgenstein's rule‐following considerations in support of radical and highly revisionary conclusions about the objectivity of meaning ‐ conclusions which may appear to entail, and have been taken to entail, consequences for the objectivity of truth and judgment which are no less radical and revisionary. There is widespread agreement that Wittgenstein advances, in the rule‐following sections of Philosophical Investigations and Remarks on the Foundations of Mathematics, considerations that are quite destructive of (...) certain conceptions of meaning, understanding, and rule‐following into which one may easily slide when attempts a general philosophical account of them. Saul Kripke interprets central sections of Philosophical Investigations as developing a 'skeptical paradox' about meaning. Kripke himself describes the skeptical conclusion as 'insane and intolerable'. (shrink)

The philosophy of modality investigates necessity and possibility, and related notions--are they objective features of mind-independent reality? If so, are they irreducible, or can modal facts be explained in other terms? This volume presents new work on modality by established leaders in the field and by up-and-coming philosophers. Between them, the papers address fundamental questions concerning realism and anti-realism about modality, the nature and basis of facts about what is possible and what is necessary, the nature of modal knowledge, modal (...) logic and its relations to necessary existence and to counterfactual reasoning. The general introduction locates the individual contributions in the wider context of the contemporary discussion of the metaphysics and epistemology of modality. (shrink)

Bob Hale presents a broadly Fregean approach to metaphysics, according to which ontology and modality are mutually dependent upon one another. He argues that facts about what kinds of things exist depend on facts about what is possible. Modal facts are fundamental, and have their basis in the essences of things--not in meanings or concepts.

A process-based approach to archaeology combines traditional third-person data collection methods with first- and second-person inquiries. Drawing from the traditions of cognitive archaeology, transpersonal psychology, and ecopsychology, this mixed-methods approach can be thought of as a movement toward a more holistic or “integral” archaeology. By way of example, a prehistoric rock art site on Ometepe Island, Nicaragua is explored from the inside (through the researcher's lucid dreaming incubations) as well as in relationship with the researcher's embodied presence (an exploration of (...) environmental hermeneutics). These multiple perspectives can be seen to situate the researcher's worldview and biases within the context of the study as well as perhaps lead to new questions about the significance of these cognitive artifacts. (shrink)

"The Symons Medal—one of Canada's most prestigious honours—recognizes an individual who has made an exceptional contribution to Canadian life. The 2020 Symons Medal was awarded to Mr. Bob Rae, P.C., C.C., O.Ont, Q.C. Mr. Rae is the 20th Medallist in this series, following a formidable line of recipients. Hon. Rae's lecture is Learning from The Past, Imagining the Future: Reflections from a Political Life. Throughout the address, published in a bilingual book format, he explores such themes as Canada's improbable origins (...) as a nation; post-war emergence onto the global stage; active membership within the United Nations; and the significance of the ever-evolving Canadian constitution—a "living tree document." Welcoming remarks were made by the Honourable Premier Dennis King, while the official response was delivered by the Honourable Roy Romanow, PC, OC, SOM, QC. Hon. Rae is the 2020 recipient in part for his many years of work on humanitarian issues, most recently the Rohingya Refugee crisis, as well as his time focusing on indigenous issues and his decades of public service and teaching. He has always been deeply involved in the political life of Canada—as MP, former premier of Ontario, and interim leader of the federal Liberal Party. The Symons Medal and Lecture Series is named in honour of Professor Thomas H.B. Symons, a long-time supporter of Confederation Centre and a Board Governor. Held each fall, the medal ceremony and its associated lecture offer a national platform for an eminent Canadian to discuss the nation’s current state, shared histories, and future prospects using themes related to their professional pursuits. The award is presented at Confederation Centre of the Arts—Canada’s living monument to Canadian Confederation—in honour of the meetings of the Fathers of Confederation, who first gathered at Province House National Historic Site in the fall of 1864."--. (shrink)

Pitchfork Country: The Photography of Bob Moorhouse showcases the beautiful, almost mystical photos taken by the vice president and general manager of the historic Pitchfork Ranch in Guthrie, Texas. Moorhouse's photographic work reflects his trademark style and traditional western subjects that create the illusion of scenes from a bygone era. As a working cowboy who carries his camera sometimes twenty to thirty miles a day on horseback, Moorhouse has been able to record moments in the field few photographers will ever (...) see. With an appreciation for great light and its selected application to the subject, his photographic images are an accurate portrayal of ranch life. Viewed in future years with the work of Erwin E. Smith, Ray Rector, and others who have photographed ranch life of the past 150 years, Moorhouse's images will be the standard for documenting ranching in the last quarter of the twentieth century. Also 04 Activeable in a limited edition. Distributed for the National Ranching Heritage Center. (shrink)

This book explores the thesis that legal roles force people to engage in moral combat, an idea which is implicit in the assumption that citizens may be morally required to disobey unjust laws, while judges may be morally required to punish citizens for civil disobedience. Heidi Hurd advances the surprising argument that the law cannot require us to do what morality forbids. The 'role-relative' understanding of morality is shown to be incompatible with both consequentialist and deontological moral philosophies. In (...) the end, Hurd shows that our best moral theory is one which never makes one actor's moral success turn on another's moral failure. Moral Combat is a sophisticated, well-conceived and carefully argued book on a very important and controversial topic at the junction between legal and political philosophy. It will be of interest to moral, legal, and political philosophers, as well as teachers and students of professional ethics in law. (shrink)

It seems today that a sense of crisis permeates international affairs. From war to pollution to trade and beyond, there is much talk of the disintegration of the settled ways of doing things and fear of what comes next. The twenty-first century has turned sour for many believers in international order. This is not unique in history; order has been on the minds of writers for centuries, from Kant to Carr to Hedley Bull. It is hard to find a period (...) in history when there has not been some sense of crisis. The problem of international order is both a perennial theme and an urgent contemporary concern. The essays in this collection broaden the conversation to consider the ambiguity, complexity, and contradiction within the concept of world order. Order is neither self-evident nor universally agreed upon; to the contrary, it is contested, political, and contingent. Order is a very disorderly idea. (shrink)

This book is an eye-opening account of transnational advocacy, not by environmental and rights groups, but by conservative activists. Mobilizing around diverse issues, these networks challenge progressive foes across borders and within institutions. In these globalized battles, opponents struggle as much to advance their own causes as to destroy their rivals. Deploying exclusionary strategies, negative tactics and dissuasive ideas, they aim both to make and unmake policy. In this work, Clifford Bob chronicles combat over homosexuality and gun control in the (...) UN, the Americas, Europe and elsewhere. He investigates the 'Baptist-burqa' network of conservative believers attacking gay rights, and the global gun coalition blasting efforts to control firearms. Bob draws critical conclusions about norms, activists and institutions, and his broad findings extend beyond the culture wars. They will change how campaigners fight, scholars study policy wars, and all of us think about global politics. (shrink)

In this Symposium contribution, I argue that ordinary moral discourse recognizes six categories of morally significant actions: positively obligatory actions ; negatively obligatory actions ; supererogatory actions ; suberogatory actions ; quasi-supererogatory actions ; and amoral or morally neutral actions . As I argue, super-, sub-, and quasi-supererogatory actions paradoxically rely upon the existence of "non-obligatory oughts"--moral injunctions to do what as a moral matter we need not do. The remainder of the article is devoted to developing a theory that (...) makes these non-obligatory oughts coherent. The theory that I advance distinguishes deontic duties from aretaic duties, and derives the oughts of super- and suberogation from our aretaic duties to develop certain dispositions or character traits. As I argue, our aretaic duties require us to perform actions that are deontically supererogatory and to refrain from actions that are deontically suberogatory. Only if we conceive of super- and suberogation as simultaneously governed by deontic permissions and aretaic obligations can we make sense of the dual claims implicit in daily gossip that we are obligated to cultivate such virtues as kindness and generosity, and that kindness and generosity consist in doing what we are not obligated to do. As the title elliptically suggests, the article thus advances the claim that we have duties to go beyond the call of duty. (shrink)

In this essay, I use Martin Luther King Jr.'s “Letter from Birmingham Jail” to open questions about international order and disorder. The idea of order is central to modern discourse on international politics, but the concept is often ill defined and ambiguous. King's ideas clarify three issues: First, is order understood as an objective condition of a system or a political judgment about its suitability for social life? Second, does compliance with law lead naturally to order? And third, is order (...) always preferable to disorder? The way King answers each question is somewhat different than the conventional wisdom in international relations. IR scholars typically assume that international order is a universal good and that compliance with law enhances it. King highlights the gap between order as defined by the authorities in Alabama and his own lived experience. I use the difference to map the terrain of scholarship on international order and disorder and to draw implications for concepts, research methods, and political judgment. (shrink)

According to a rich tradition in philosophy of action, intentional action requires practical knowledge: someone who acts intentionally knows what they are doing while they are doing it. Piñeros Glasscock argues that an anti-luminosity argument, of the sort developed in Williamson, can be readily adapted to provide a reductio of an epistemic condition on intentional action. This paper undertakes a rescue mission on behalf of an epistemic condition on intentional action. We formulate and defend a version of an epistemic condition (...) that is free from any luminosity commitments. While this version of an epistemic condition escapes reductio, it comes with substantive commitments of its own. In particular, we will see that it forces us to deny the existence of any essentially intentional actions. We go on to argue that this consequence should be embraced. On the resulting picture, intentional action is not luminous. But it still entails practical knowledge. (shrink)

As we begin our exploration of our relationship with animals, we come face to face with Peter Singer and his insistence that speciesism is a vice. It is important to come to know what he means by speciesism, why he regards it as a moral mistake.

There are many modal epistemologies available to us. Which should we endorse? According to Bob Hale, we can start to answer this question by examining the architecture of modal knowledge. That is, we can try to decide between the following claims: knowing that p is possible is essentially a matter of having a well-founded belief that there are no conflicting necessities—a necessity-based approach—and knowing that p is necessary is essentially a matter of having a well-founded belief that there are no (...) conflicting possibilities—a possibility-based approach. Hale argues for the first of these claims, but I contend that his arguments fail. However, it doesn't follow that we should endorse a possibility-based approach. I repurpose Hale's arguments to show those who would endorse possibility-based approaches need to say more about our modal knowledge concerning logic and mathematics; if they can't, then they ought to endorse a hybrid modal epistemology that doesn't give priority to one modality across the board. Additionally, those who endorse possibility-based views may be committed to Peter van Inwagen's modal skepticism. (shrink)

Must we believe in logical necessity? I examine an argument for an affirmative answer given by Ian McFetridge in his posthumously published paper 'Logical Necessity: Some Issues', and explain why it fails, as it stands, to establish his conclusion. I contend, however, that McFetridge's argument can be effectively buttressed by drawing upon another argument aimed at establishing that we ought to believe that some propositions are logically necessary, given by Crispin Wright in his paper 'Inventing Logical necessity'. My contention is (...) that Wright's argument, whilst it likewise fails, as it stands, to establish the necessity of necessity, established enough to close off what appears to me to be the only effective-looking sceptical response to McFetridge's original argument. My paper falls into four principal parts. In the first I expound McFetridge's argument and draw attention to the possibility of a certain type of sceptical counter to it. In the second, I begin a response to this sceptical move, taking it as far as I can without reliance upon argument of the kind given by Wright. Turning, then, to Wright's argument, I explain to what extent I think it is successful and seek to rebut some objections to the argument which, were they well-taken, would show that the argument cannot enjoy even the partial success I which to claim for it. Finally, I return to my main theme and try to show, with the assistance of what I take to be solidly established by Wright's argument, that the sceptical response collapses. (shrink)

This book is a collection of essays written by Bob Hale (three co-authored), with a critical introduction from Kit Fine. They comprise Hale’s final years of work, adding to and extending beyond his landmark monograph Necessary Beings: An Essay on Ontology, Modality, and the Relations Between Them (OUP, 2013, 2nd edition 2015). The essays develop and consolidate several key themes in Hale’s work, most notably the notion of definition, especially as it extends beyond definition of a word to definition of (...) a thing more generally, and its relations to essence and existence; how the recently influential notion of truthmaking relates to and illuminates some of these issues; and ontological questions connected with Hale’s metaphysical commitments on the one hand, and his commitments in the foundations of mathematics on the other. Several of the essays engage with and respond to work by Kit Fine, and contributions to Being Necessary: Themes of Ontology and Modality from the Work of Bob Hale (OUP 2018). As such, these essays also demonstrate a rich and fruitful philosophical dialogue between Hale and his critics and friends. (shrink)

Mark Dooley has recently argued (principally against Simon Critchley) that the attempt to establish too strong a ‘connection’ between Jacques Derrida and Emmanuel Levinas not only distorts crucial disparities between their respective philosophies, it also contaminates Derrida’s recent work with Levinas’s inherent ‘political naivety’. In short, on Dooley’s reading, Levinas is only of ‘inspirational value’ for Derrida. I am not concerned with defending Critchley’s own reading of the ‘Derrida–Levinas connection’. My objective is rather to demonstrate, first, the way in which (...) Dooley’s argument hinges upon a misreading of Levinas and Derrida, and, second, why Derrida’s recent thinking is in fact fundamentally Levinasian. Key Words: contingency • guilt • Holocaust • hospitality • institutions • nature • suffering • third party • violence. (shrink)

ABSTRACTWe examine Marx's critiques of language, politics, and capitalist political economy and show how these anticipated critical discourse and argumentation analysis and ‘cultural political economy’. Marx studied philology and rhetoric at university and applied their lessons critically. We illustrate this from three texts. The German Ideology critically explores language as practical consciousness, the division of manual and mental labor, the state, hegemony, intellectuals, and specific ideologies. The Eighteenth Brumaire studies the semantics and pragmatics of political language and how it represents (...) the class content of politics and contributes to social transformation. Capital deconstructs the categories of classical political economy and their constitutive role in capitalist social relations. This is one aspect of CPE. Capital also highlights the structural and agential aspects of these relations, their contradictory dynamic, and their crisis-prone character. We comment on this aspect too. This said, Marx held that social transformation is mediated through political imaginaries and highlighted the need for the proletariat to develop a ‘poetry’ of the future. We then consider the misleading ‘base-superstructure’ metaphor and note how, against the thrust of Marx's work, it tends to reify culture. The article concludes that Marx contributed to the critique of semiotic as well as political economy. (shrink)

The article argues that modal concepts should be explained in terms of the essences or nature of things: necessarilypif, and because, there is something the nature of which ensures thatp; possiblypif, and because, there is nothing whose nature rules out its being true thatp. The theory is defended against various objections and difficulties, including ones arising from attributing essences to contingent individuals.

Bob Sandmeyer - The Basic Problems of Phenomenology. From the Lectures, Winter Semester, 1910-11 - Journal of the History of Philosophy 45:2 Journal of the History of Philosophy 45.2 338-339 Muse Search Journals This Journal Contents Reviewed by Bob Sandmeyer University of Kentucky Edmund Husserl. The Basic Problems of Phenomenology. From the Lectures, Winter Semester, 1910–11. Translated by Ingo Farin and James G. Hart. Edmund Husserl Collected Works, Volume 12. Dordrecht: Springer, 2006. Pp. xi + 179. Cloth, $119.00. Husserl's seminal (...) lectures on the phenomenological reduction and transcendental theory of empathy have finally been translated into English. Known by the title of the course, The Basic Problems of Phenomenology presents some of Husserl's most important innovations in the theory of the phenomenological.. (shrink)

On the neo-Fregean approach to the foundations of mathematics, elementary arithmetic is analytic in the sense that the addition of a principle wliich may be held to IMJ explanatory of the concept of cardinal number to a suitable second-order logical basis suffices for the derivation of its basic laws. This principle, now commonly called Hume's principle, is an example of a Fregean abstraction principle. In this paper, I assume the correctness of the neo-Fregean position on elementary aritlunetic and seek to (...) explain one way in which it may be extended to encompass the theory of real numbers, introducing the reals, by means of suitable further abstraction principles, as ratios of quantities. (shrink)

:This essay undertakes two tasks: first, to describe the differing mens rea requirements for accomplice liability of both Anglo-American common law and the American Law Institute's Model Penal Code; and second, to recommend how the mens rea requirements of both of these two sources of criminal law in America should be amended so as to satisfy the goals of clarity and consistency and so as to more closely conform the criminal law to the requirements of moral blameworthiness. Three "pure models" (...) of the mens rea requirements for complicity are distinguished, based on the three theories of liability conventionally distinguished in the general part of Anglo-American criminal law. One of these, the vicarious responsibility model, is put aside initially because of both its descriptive inaccuracy and its normative undesirability. The analysis proceeds using the other two models: that of the mens rea requirements for principal liability for completed crimes, and that of the mens rea requirements for attempt liability. Both the common law and the Model Penal Code are seen as complicated admixtures of these two models, the common law being too narrow in the scope of its threatened liability and the Model Penal Code being both too broad and too opaque in its demands for accomplice liability. The normative recommendation of the paper is to adopt the model for the mens rea of complicity that treats it as a form of principal liability, recognizing that the overbreadth of liability resulting from adoption of that model would have to be redressed by adopting a "shopkeeper's privilege" as an affirmative defense separate from any mens rea requirement. View HTML Send article to KindleTo send this article to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about sending to your Kindle. Find out more about sending to your Kindle. Note you can select to send to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be sent to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply. Find out more about the Kindle Personal Document Service.UNTYING THE GORDIAN KNOT OF MENS REA REQUIREMENTS FOR ACCOMPLICESVolume 32, Issue 2Heidi M. Hurd and Michael S. Moore DOI: https://doi.org/10.1017/S0265052516000157Your Kindle email address Please provide your Kindle [email protected]@kindle.com Available formats PDF Please select a format to send. By using this service, you agree that you will only keep articles for personal use, and will not openly distribute them via Dropbox, Google Drive or other file sharing services. Please confirm that you accept the terms of use. Cancel Send ×Send article to Dropbox To send this article to your Dropbox account, please select one or more formats and confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about sending content to Dropbox. UNTYING THE GORDIAN KNOT OF MENS REA REQUIREMENTS FOR ACCOMPLICESVolume 32, Issue 2Heidi M. Hurd and Michael S. Moore DOI: https://doi.org/10.1017/S0265052516000157Available formats PDF Please select a format to send. By using this service, you agree that you will only keep articles for personal use, and will not openly distribute them via Dropbox, Google Drive or other file sharing services. Please confirm that you accept the terms of use. Cancel Send ×Send article to Google Drive To send this article to your Google Drive account, please select one or more formats and confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about sending content to Google Drive. UNTYING THE GORDIAN KNOT OF MENS REA REQUIREMENTS FOR ACCOMPLICESVolume 32, Issue 2Heidi M. Hurd and Michael S. Moore DOI: https://doi.org/10.1017/S0265052516000157Available formats PDF Please select a format to send. By using this service, you agree that you will only keep articles for personal use, and will not openly distribute them via Dropbox, Google Drive or other file sharing services. Please confirm that you accept the terms of use. Cancel Send ×Export citation Request permission. (shrink)

In diesem Beitrag werde ich die Wege untersuchen, auf denen Moraltheoretiker philosophischen Sinn in der These entdecken könnten, daß das Gesetz die moralische Schlechtigkeit von Personen dadurch tolerieren sollte, daß es den Bürgern Rechte zuerkennt, moralisch Falsches zu tun. Dabei vernachlässige ich Fälle, in denen diese Toleranz deshalb angemessen erscheint, weil die Moralität des in Rede stehenden Verhaltens ungewiss oder jedenfalls unter gleichermaßen vernünftigen Personen hinreichend umstritten ist, so daß die Gewährung von Freiheit auch für den Staat als das angemessene (...) Mittel erscheint, die Problematik zu lösen. Stattdessen werde ich mich auf Fälle konzentrieren, in denen der Gesetzgeber davon überzeugt ist, daß das betreffende Verhalten tadelnswert ist, so daß weder Zweifel noch Uneinigkeit über die Bewertung des Verhaltens als ausreichende Gründe dafür genannt werden können, daß der Staat sich der Sache nicht annimmt.Wie ich im 1. Teil zeige, kann sowohl von konsequentialistischen als auch von deontologischen Moraltheorien angenommen werden, daß sie unmoralisches Verhalten erlauben, das keine Verletzung von konsequentialistischen bzw. deontologischen Pflichten darstellt. Regel-Konsequentialisten verlangen Toleranz für akt-konsequentialistisch betrachtete Verstöße, sofern sie im Rahmen ihrer Regeln erfolgen; und Deontologen fordern Toleranz für kategorisch erlaubte Taten, die sub-optimale Konsequenzen haben. Im Hinblick darauf, daß wir eine Tugenpflicht haben könnten, uns zu Personen zu entwickeln, die deontologische Erlaubnisse nicht mißbrauchen, untersuche ich eine Reihe von Gründen, die es nahe legen, daß diejenigen, die sich einer Moraltheorie der Tugendpflichten verbunden fühlen, die die Besorgnis um Handlungen durch eine Besorgnis um den Charakter der Person ersetzt, gleichwohl gute Gründe dafür hat, die Kultivierung eines guten Charakters außerhalb der Reichweite des Staates zu belassen.Die Problematik wird schwieriger, wenn wir von den unmoralischen Handlungen, die keine Pflichten verletzen , zu den unmoralischen Handlungen übergehen, die solche Pflichten verletzen. Kann ein Konsequentialist sich damit einverstanden erklären, daß der Staat Personen die Freiheit zugesteht, etwas zu tun, was konsequentialistisch verboten ist? Kann ein Deontologe nicht nur die Freiheit, Erlaubnisse zu missbrauchen, verteidigen, sondern auch die Freiheit, kategorische Verbote zu verletzen? Im 2. Teil des vorliegenden Beitrages vertrete ich die These, daß es durchaus einleuchtende Gründe dafür geben mag, daß Freiheit entweder intrinsisch oder instrumentell gut ist, um andere intrinsisch gute Dinge zu bewirken, in welchem Fall Konsequentialisten gute Gründe dafür haben, daß der Staat grundsätzlich moralische Schlechtigkeit tolerieren sollte, oder sie zumindest dann tolerieren sollte, wenn dies der Preis dafür ist, größeres Gutes zu befördern. Im 3. Teil behaupte ich, daß selbst unsere beste deontologische Theorie Maximen in sich aufnehmen kann, die es dem Gesetzgeber kategorisch verbieten, den Bürgern die Verletzung kategorischer Maximen zu verbieten. So kann es dem Gesetzgeber z.B. verboten sein, in die Privatsphäre der Bürger einzugreifen, um das Fehlverhalten von Bürgern zu ermitteln. Oder es kann dem Gesetzgeber auferlegt sein, nicht etwas zu verbieten, wenn er dieses Verbot nicht gegenüber allen Bürgern durchsetzen kann.Das Ergebnis meiner Analyse ist, daß die Theorie liberaler Toleranz nicht von der Behauptung vernünftigen Zweifels und der Uneinigkeit zwischen Gesetzgeber und Bürgern abhängt, wie es unter liberalen Politikwissenschaftlern oftmals voraus-gesetzt wird. Selbst dann, wenn vernünftige Personen sich darüber einig sind, daß eine bestimmte Art von Verhalten unmoralisch ist, und selbst dann, wenn bei dem Gesetzgeber kaum Zweifel an der Unmoralität des Verhaltens vorhanden sind, gibt es doch schwerwiegende moralische Gründe dafür, weshalb der Gesetzgeber moralisch verpflichtet sein kann, die Begehung unmoralischer Handlungen zu tolerieren. In this article I explore the ways in which moral theorists might make philosophical sense of the claim that the law ought to tolerate moral wickedness by according citizens legal rights to do moral wrongs. I set aside cases in which tolerance is proper because the morality of the conduct in question is uncertain or sufficiently contested by equally reasonable persons so as to make liberty the appropriate default solution for the state. Instead, I confine my inquiry to cases in which lawmakers are confident that the conduct in question is blameworthy, so that doubt and disagreement cannot be said to be sufficient reasons for staying the hand of the state. As I argue in Part I, both consequentialist and deontological moral theories can be thought to permit immoralities that are not violations of consequentialist or deontological obligations. Rule-consequentialists require tolerance of act-consequential wrongs that are done in the name of their rules; and deontologists require tolerance of consequentially sub-optimal deeds that are categorically permitted. While we may have aretaic obligations to become the kinds of persons who do not abuse deontological permissions, I explore a series of reasons to think that those who subscribe to an aretaic moral theory that substitutes concerns for character for concerns for actions will nevertheless have good grounds to place the cultivation of good character beyond the scope of the state. The question is harder when we move from immoralities that do not violate obligations to immoralities that do violate such obligations. Can consequentialists make sense of the state according persons liberty to do what is consequentially prohibited? Can deontologists defend not just the liberty to misuse permissions but the liberty to violate categorical prohibitions? I argue in Part II that there may be sound arguments for why liberty is either intrinsically good or instrumentally good for the achievement of other intrinsically good things, in which case, consequentialists have sounds reasons for supposing that the state ought to tolerate wickedness, tu cour , or tolerate it when it is a price that purchases greater goods. And I argue in Part III that our best deontological theory may contain within it maxims that categorically prohibit legislators from prohibiting violations of categorical maxims on the part of citizens. For example, they may be enjoined from invading citizens' privacy in the ways required to detect citizens' wrongdoing; or they may be enjoined not to prohibit what they cannot equally enforce against all. The upshot of my analysis is that a theory of liberal tolerance does not depend upon claims of reasonable doubt and disagreement amongst lawmakers and citizens, as is so often supposed amongst liberal political theorists. Even if reasonable persons agree that a kind of conduct is immoral, and even if lawmakers are in little doubt about its immorality, there are powerful moral reasons why lawmakers might be morally obligated to tolerate its persistence. (shrink)