Governments today often apologize for past injustices and scholars increasingly debate the issue, with many calling for apologies and reparations. Others suggest that what matters are victims of injustice today, not injustices in the past. Spinner-Halev argues that the problem facing some peoples is not just the injustice of the past, but that they still suffer from injustice today. They experience what he calls enduring injustices, and it is likely that these will persist without action to address them. The history (...) of these injustices matters, not as a way to assign responsibility or because we need to remember more, but in order to understand the nature of the injustice and to help us think of possible ways to overcome it. Suggesting that enduring injustices fall outside the framework of liberal theory, Spinner-Halev spells out the implications of arguments for conceptions of liberal justice and progress, reparations, apologies, state legitimacy and post-nationalism. (shrink)

Advocates of remedying historical injustices urge political communities to take responsibility for their past, but their arguments are ambiguous about whether all past injustices need remedy, or just those regarding groups that suffer from current injustice. This ambiguity leaves unanswered the challenge of critics who argue that contemporary injustices matter, not those in the past. I argue instead for a focus on injustices that have roots in the past, and continue to the present day, what I call enduring injustice. Instead (...) of focusing on finding the party responsible for the injustice, I argue that we use history to help us understand why some injustices endure, which I suggest is partly due to the limitations of liberal justice. I conclude with a conception of responsibility for repairing enduring injustice that deemphasizes searching for the causal agent, and instead focuses on how to repair the injustice, which I explain through an expansive conception of shared space. (shrink)

The Protestant conception of religion as a private matter of conscience organized into voluntary associations informed early liberalism's conception of religion and of religious toleration, assumptions that are still present in contemporary liberalism. In many other religions, however, including Hinduism (the main though not only focus of this article), practice has a much larger role than conscience. Hinduism is not a voluntary association, and the structure of its practices, some of which are inegalitarian, makes exit very difficult. This makes liberal (...) religious toleration an awkward fit for Hinduism; granting religious toleration in India undermines equality and autonomy in severe ways. Yet Hinduism is not without its virtues, and has historically been what I call externally tolerant-it has been relatively tolerant of other religions. Liberal toleration, by contrast, is internally tolerant-it is tolerant of religions that fit the Protestant model, while its tolerance of others is considerably more qualified. I briefly speculate at the end of the article about how to combine these two models of toleration. (shrink)

Meet the Sorbs. They are a Slavic people in Germany who number around sixty thousand. They are not mistreated or oppressed by the German government. They live in two German states, but they are interspersed with other Germans. Do the Sorbs deserve special, group rights to help maintain their culture? The recent arguments of many theorists suggest that they do. Iris Marion Young has recently argued that all marginalized groups should have group rights. Avishai Margalit and Moshe Halbertal maintain that (...) all cultural groups have certain rights. Will Kymlicka suggests that all ‘societal cultures’ have group rights, which might include the Sorbs. (shrink)

I argue here against recent trends in liberal and feminist theory contending that the state should insist that religious groups internalize liberal justice and equality. Doing so dangerously ascribes too much power to the state, and threatens liberty and stability. I argue instead that the liberal state must balance different values. I begin by claiming that while Rawls worries that religious people want to impose their way of life on others, a more accurate concern is that of liberalism imposing its (...) way of life on religious conservatives. I also contend that Rawls’s concern about stability leads him wrongly to think that there must be widespread agreement on the principles of justice, which leads to considerable intrusion in conservative religions. This widespread agreement is unattainable; a better route to stability is through extensive agreement on decision making procedures. Feminist arguments are less concerned with stability, but share with Rawls the idea that private values should be congruent with public ones. I argue that doing so leads to unacceptable intrusions on liberty. Religious groups can be internally non-liberal as long as there is pluralism within the society, exit from groups is assured, and their members all receive a decent education. (shrink)

This article examines multiculturalism, focusing on the so-called ethnocultural groups which are often ethnic and national cultural groups or intergenerational communities that have some shared practices and history that members believe are constitutive of the group. It explains that liberalist multiculturalists tend to view respect for cultural groups in instrumental terms while non-liberals often argue that cultures deserve respect because they are intrinsically valuable. It suggests that the non-liberal respect argument and the identity argument avoids some ambiguities involved in liberal (...) multiculturalism since they do not argue for group-differentiated rights because of autonomy or self-respect. (shrink)

Liberal theorists often link autonomy and identity together, since, these liberals argue, an education that bestows a particular identity on children undermines their autonomy. The charge of schools ought to be to teach children to be open to a variety of identities. Encounters with diversity and cosmopolitanism are good, since they encourage students to think deeply about their own identity, while traditional religions and nationalism seek to impress a particular identity on students. This standard liberal account, echoed in some of (...) the essays in this book, underplays the ways in which education is a cultural practice like many others. Moreover, as other essays in this volume point out, there are good reasons to want aspects of a common culture to be transmitted in schools—in democratic states we want citizens to be able to understand one another, and to have some understanding of important historical events in the country's history. Yet schools that teach an honest history of one's country, and that teach about the country's political principles, will impress upon students only a partially shared identity. That this identity be only partly shared is important: it allows for differences among students, differences that ought to be understood, at least to some extent. (shrink)

Nili’s important book presents us with an intriguing idea in chapter five. If we see the liberal state as having integrity then that means certain kinds of policies should be prioritized by the state. I cast doubt on this argument by contending that the priorities of liberal integrity are either no different from liberal egalitarianism or are misguided. I also argue that history has little normative force as Nili suggests.

Many of the most popular liberal arguments for cultural rights all note that the world is formed into groups. But in the attempt to universalise these arguments, it is too often assumed that the nation is the most important of these groups. This focus upon the nation ignores the many and varying bases of self?respect. It overlooks the fact that self?respect may be tied to many different kinds of groups. Further, most discussions of cultural rights are fuelled by the experience (...) of particular groups. Which groups depends on the theorist and issue at hand. The discussion may be sound for the particular group being discussed. But then many cultural rights theorists, in generalising from one case to others, may not have good reason to do so, leading into a mistaken universalism. The study of cultural rights arguments, with closer reference to the case studies that underpin them, should serve to limit illicit generalisation and to illuminate the true value of cultural rights arguments. (shrink)

Groups around the world are increasingly successful in maintaining or winning autonomy. However, what happens to individuals within the groups who find that their group discriminates against them? This volume brings together sixteen distinguished scholars who examine the balance between group autonomy and individual rights in relation to conflicts involving gender, religion, culture, and indigenous rights in the national and international sphere.

This essay investigates how a liberal state should treat violations of human rights within minority cultures. It is argued that the best approach gives due weight to the following three features: the free exercise of culture, protection of human rights and the balance of power between the majority and minority communities in a given polity. This balanced approach is contrasted with the theories of Kukathas, Okin and Spinner-Halev, who are criticised for concentrating on only the first, second and third of (...) these features respectively. The Arab Israeli Plonit case and the Indian Muslim Shah Bano case are used to illustrate this argument. The Israeli treatment of Plonit shows the virtues of the author's preferred approach, while the Indian treatment of Shah Bano indicates the dangers of concentrating on the second feature alone, as many liberals advocate, and neglecting the other two. (shrink)

This book provides an original and provocative combination of ethnomethodological analysis and the concepts of linguistic philosophy with a breadth and clarity unusual in this field of writing. It is designed to be read by sociologists, psychologists and philosophers and concerns itself with the contributions of Wittgenstein, defending the claim for his relevance to the human sciences. However, this book goes some way beyond the usual limitations of such interdisciplinary works by outlining some empirical applications of ideas derived from the (...) Wittgenstein tradition. (shrink)

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Attempts to determine or to select what kind of person or people to bring into existence are controversial. This is particularly true of “negative selection” or “selecting against” a certain type of person—that is, the attempt to prevent a person of a certain type, or people of that type, from existing. Virtually everyone agrees that some instances of negative selection are objectionable—for example, that selection against healthy people would be wrong, particularly if this were combined with positive selection of people (...) with serious diseases. But some people believe that all negative selection is objectionable and therefore that all “selection for existence,” whether positive or negative, is objectionable. For if negative selection is objectionable, it seems to follow that positive selection is as well, since the attempt to bring a person of a certain type into existence is simultaneously an attempt not to bring into existence a person who is not of that type. In short, positive selection is implicitly negative as well. (shrink)

Bruno Latour has had a tremendous impact on the field of science studies. Yet, it is not always easy to say what he stands for. Indeed, Latour has often claimed that his work lacks any overall unity. In this essay, I suggest that at least one concept remains constant throughout Latour’s diverse studies of modern science and technology, namely, mediation. I try to make good this claim by focussing on Latour’s numerous attempts over the years to distance himself from, so (...) as to discredit, the philosopher Martin Heidegger. I argue that Latour’s repeated denunciations of Heidegger amount to a systematic tactic of dissimulation: by suppressing the substance of Heidegger’s critique of modern technoscience, Latour directs attention away from the not insignificant weaknesses in his own theory of mediation. Against the backdrop of an appropriately reconstructed Heidegger, Latour’s self-promotion as a radically progressive non-modern thinker cannot be sustained. (shrink)

THERE’S a well-known scene in Shakespeare’s Henry V in which the King, disguised as an ordinary soldier, is conversing with some of his soldiers on the eve of the battle of Agincourt. Hoping to find or inspire support among them, he remarks: “Methinks I could not die anywhere so contented as in the King’s company, his cause being just and his quarrel honorable.” One soldier replies: “That’s more than we know,” whereupon a second says: “Ay, or more than we should (...) seek after; for we know enough if we know we are the King’s subjects: if his cause be wrong, our obedience to the King wipes the crime of it out of us.”. (shrink)

Discussions of the morality of the Gulf War have tended to embrace the traditional theory of the just war uncritically and to apply its tenets in a mechanical and unimaginative fashion. We believe, by contrast, that careful reflection of the Gulf War reveals that certain principles of the traditional theory are oversimplifications that require considerable refinement. Our aims, therefore, are both practical and theoretical. We hope to contribute to a better understanding of the ethics both of war in general and (...) of the Gulf War in particular. (shrink)

Alvin Plantinga gave a reductio of the conjunction of the following three theses: Existentialism (the view that, e.g., the proposition that Socrates exists can't exist unless Socrates does), Serious Actualism (the view that nothing can have a property at a world without existing at that world) and Contingency (the view that some objects, like Socrates, exist only contingently). I sketch a view of truth at a world which enables the Existentialist to resist Plantinga's argument without giving up either Serious Actualism (...) or Contingency. (shrink)

However much one may wish for nonviolent solutions to the problems of unjust and unrestrained human violence that Glover explores in Humanity, some of those problems at present require violent responses. One cannot read his account of the Clinton administration’s campaign to sabotage efforts to stop the massacre in Rwanda in 1994 – a campaign motivated by fear that American involvement would cost American lives and therefore votes – without concluding that Glover himself believes that military intervention was morally required (...) in that case. Military intervention in another state that is intended to stop one group within that state from brutally persecuting or violating the human rights of members of another group is now known as “humanitarian intervention.” Those against whom the intervention is directed are almost always the government and its supporters, though this is not a necessary feature of humanitarian intervention. It is, however, a conceptual condition of humanitarian intervention that it does not occur at the request or with the consent of the government. The use of force within another state with the consent of the government counts as assistance rather than intervention. The principal reason that humanitarian intervention is contentious is that it seems to violate the target state’s sovereign right to control its own domestic affairs. Because humanitarian intervention is a response to human rights violations within the target state, it is regarded as altogether different from wars of defense against aggression. Indeed, since aggression is normally understood to be war against a state that.. (shrink)

In this article I present several challenges to the view that Shelly Kagan calls ‘modal personism’. First, there is a plausible account of our identity that, if true, greatly diminishes the scope of Kagan's view. But the scope of the view is already quite limited because the category of modal persons is restricted to those non-persons that had but have lost the potential to become persons. If the category were to include non-persons that retain the potential to become persons, Kagan's (...) view would have implausible implications about abortion and about the moral status of certain animals. (shrink)

A persistent puzzle for philosophers of science is the well-documented appeal made by scientists to their aesthetic emotions in the course of scientific research. Emotions are usually viewed as irremediably subjective, and thus of no epistemological interest. Yet, by denying an epistemic role for scientists’ emotional dispositions, philosophers find themselves in the awkward position of ignoring phenomena which scientists themselves often insist are of importance. This paper suggests a possible solution to this puzzle by challenging the wholesale identification of emotion (...) with subjectivity. The proposed method is a naturalistic and externalist one, calling for empirical investigation into the intersubjective processes by which scientists’ emotional dispositions become refined and attuned to specific objects of attention. The proposal is developed through a critical discussion of Michael Polanyi’s theory of scientific passions, as well as plant geneticist Barbara McClintock’s celebrated “feeling for the organism.”. (shrink)

This paper concerns the question of how to draw inferences common sensically from uncertain knowledge. Since the early work of Shore and Johnson (1980), Paris and Vencovská (1990), and Csiszár (1989), it has been known that the Maximum Entropy Inference Process is the only inference process which obeys certain common sense principles of uncertain reasoning. In this paper we consider the present status of this result and argue that within the rather narrow context in which we work this complete and (...) consistent mode of uncertain reasoning is actually characterised by the observance of just a single common sense principle (or slogan). (shrink)

One of Kripke's fundamental objections to descriptivism was that the theory misclassifies certain _a posteriori_ propositions expressed by sentences involving names as _a priori_. Though nowadays very few philosophers would endorse a descriptivism of the sort that Kripke criticized, many find two-dimensional semantics attractive as a kind of successor theory. Because two-dimensionalism needn't be a form of descriptivism, it is not open to the epistemic argument as formulated by Kripke; but the most promising versions of two-dimensionalism are open to a (...) close relative of that argument. (shrink)

A range of arguments are presented to demonstrate that (1) human visual orientations are conceptually constituted (concept?bound); (2) the concept?boundedness of visual orientations does not require a cognitivist account according to which a mental process of ?inference? or of ?interpretation? must be postulated to accompany a purely ?optical? registration of ?wavelengths of light?, ?photons?, or contentless ?information'; (3) concept?bound visual orientations are not all instances of ?seeing as?, contrary to some currently prominent cognitivist accounts; (4) the dispute between cognitivist and (...) realist accounts about the phenomenon of ?seeing as? is spurious, and is based upon a confusion about the fundamental analytical distinction made by Wittgenstein between ?seeing? and ?seeing as'; (5) ?perceiving?, ?seeing?, and ?seeing as? are but three of a large array of verbs of human visual orientation, and are not ?master categories? under which one can subsume these other modalities; (6) one cannot deduce a continuity of human visual orientation from a continuity of photon?photoreceptor interaction, a point we characterize as the ?staggered character? of human visual orientations; (7) detailed attention to the grammars of the diverse verbs of human visual orientation can open up a domain of study which we here refer to as a ?praxiology of perception'; (8) the nature of such an inquiry can be illustrated with exemplary reference to the analysis of the properties of ?noticing? as embedded in courses of practical action; and (9) such arguments, which claim that existing perceptual theories overly homogenize what is involved in visual orientations to the world, parallel those of Stroll, who proposes that standard accounts of ?what is perceived? overly homogenize the perceptible environment. (shrink)

These essays, by widely respected scholars in fields ranging from social and political theory to historical sociology and cultural studies, illuminate the significance of the public/private distinction for an increasingly wide range of ...

What should and what should not be for sale in a society? This is the central question in the Moral Limits of Markets debate, which is conducted by a group of business ethicists and liberal egalitarian political theorists. These MLM theorists, which we will dub ‘market moralists,’ all put forward a specific version of the argument that while the market is well suited to allocate some categories of goods and services, it is undesirable for the allocation of other such categories. (...) We argue that the current MLM debate is too much framed in terms of a market/non-market dichotomy. Moreover, authors tend to distinguish insufficiently between values such as freedom, equality, and efficiency, and allocation methods such as the market, the queue, and rationing. We introduce a new conceptual scheme consisting of societal domains, values, and allocation methods to provide a better structure for this debate. The argument is illustrated from the education and healthcare domains. (shrink)

It is widely thought that God must love each and every human to the same depth and degree. This proposition plays a prominent role in influential versionsof the problem of evil, and in theistic attempts to answer the problem of evil. A common reason cited in support of the idea of God’s loving equally every human is that a perfect being would possess every great-making property and loving equally every human would be a great-making property. It is the argument of (...) this essay, however, that a perfect being cannot in principle equally love every human. This argument is erected upon an unnoticed principle of perfect being theology: for all properties F, if F is a deficiency when had by a human, then F cannot be great-making when had by God. (shrink)

Responding to Michael Luntley's article, ‘Learning, Empowerment and Judgement’, the author shows he cannot successfully make the following three moves: (1) dissolve the analytic distinction between learning by training and learning by reasoning, while advocating the latter; (2) diminish the role of training in Wittgenstein's philosophy, nor attribute to him a rationalist model of learning; and (3) turn to empirical research as a way of solving the philosophical problems he addresses through Wittgenstein. Drawing on José Medina's analysis of the fundamental (...) role of training in Wittgenstein's later philosophy, the paper offers a tour of key passages in the Investigations and other works to develop an understanding of what Wittgenstein meant by ‘mastery of techniques’. In opposition to Luntley's liberal‐individual, or his subject as rational agent, the author explores Wittgenstein's non‐foundationalist, forms of life approach to how we act with agreement. More effort must be given to differentiating Wittgenstein's view from that of the analytic school, which Luntley appears to echo despite his criticism of the analytic divide. (shrink)