This paper considers whether the promotion of an environmental ethic in schools is compatible with the political liberal's commitment to ‘neutrality’. A new account of the implications of John Rawls's political liberalism for the ‘basic structure’ of education is developed. The prima facie incompatibility of political liberalism and the promotion of an environmental ethic is misleading. Rawls's political liberalism requires—as a matter of intergenerational justice—the promotion of the ‘sustainability virtues’. Moreover, it permits the promotion of ‘greener’ ideals.

In this wide-ranging interdisciplinary work, Paul W. Kahn argues that political order is founded not on contract but on sacrifice. Because liberalism is blind to sacrifice, it is unable to explain how the modern state has brought us to both the rule of law and the edge of nuclear annihilation. We can understand this modern condition only by recognizing that any political community, even a liberal one, is bound together by faith, love, and identity.Putting Liberalism in Its Place (...) draws on philosophy, cultural theory, American constitutional law, religious and literary studies, and political psychology to advance political theory. It makes original contributions in all these fields. Not since Charles Taylor's The Sources of the Self has there been such an ambitious and sweeping examination of the deep structure of the modern conception of the self.Kahn shows that only when we move beyond liberalism's categories of reason and interest to a Judeo-Christian concept of love can we comprehend the modern self. Love is the foundation of a world of objective meaning, one form of which is the political community. Arguing from these insights, Kahn offers a new reading of the liberalism/communitarian debate, a genealogy of American liberalism, an exploration of the romantic and the pornographic, a new theory of the will, and a refoundation of political theory on the possibility of sacrifice.Approaching politics from the perspective of sacrifice allows us to understand the character of twentieth-century politics, which combined progress in the rule of law with massive slaughter for the state. Equally important, this work speaks to the most important political conflicts in the world today. It explains why American response to September 11 has taken the form of war, and why, for the most part, Europeans have been reluctant to follow the Americans in their pursuit of a violent, sacrificial politics. Kahn shows us that the United States has maintained a vibrant politics of modernity, while Europe is moving into a postmodern form of the political that has turned away from the idea of sacrifice. Together with its companion volume, Out of Eden, Putting Liberalism in Its Place finally answers Clifford Geertz's call for a political theology of modernity. (shrink)

This essay argues that the “republicanism versus liberalism” debate that came to prominence in the 1980s was largely an artificial construction made possible by the recent genealogies of its constituent terms. The first section suggests that the idea of “early modern liberalism” took shape from the 1930s, and identifies three broad schools of thought: Marxist, democratic and classical. Despite their differences, they pioneered a stereotype of “liberalism” that was well established – especially in the United States – (...) by the 1950s. The second section examines the so-called “republican tradition,” arguing it did not acquire that identity until the early 1970s, and that earlier work excavating the “commonwealth tradition” did not intend it as an alternative to liberalism. That only came into focus as a result of Wood’s work. The third section looks at elements of the debate in the 1970s, stressing the attempt to displace Locke and exploring the contribution of Pocock. He increasingly argued for the complex and interwoven nature of both “republicanism” and “liberalism,” partly as a response to revisionist work on the natural law origins of liberalism. By contrast, Appleby restated the older “liberalism” and pitted it against “republicanism,” thereby reinforcing the binary. (shrink)

Widely hailed as one of the most significant works in modern political philosophy, John Rawls's _Political Liberalism_ defended a powerful vision of society that respects reasonable ways of life, both religious and secular. These core values have never been more critical as anxiety grows over political and religious difference and new restrictions are placed on peaceful protest and individual expression. This anthology of original essays suggests new, groundbreaking applications of Rawls's work in multiple disciplines and contexts. Thom Brooks, Martha Nussbaum, (...) Onora O'Neill, Paul Weithman, Jeremy Waldron, and Frank Michelman explore political liberalism's relevance to the challenges of multiculturalism, the relationship between the state and religion, the struggle for political legitimacy, and the capabilities approach. Extending Rawls's progressive thought to the fields of law, economics, and public reason, this book helps advance the project of a free society that thrives despite disagreements over religious and moral views. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:RECLAIMING LIBERALISM * DOUGLAS B. RASMUSSEN St. John's University Jamaica, New York Through the shift of emphasis from natural duties or obligations to natural rights, the individual, the ego, had become the center and origin of the moral world, since man-as distinguished from man's end-had become that center or origin. -Leo Strauss T:HE CONCEPTION of individuality that lies at the oundation of natural rights classical liberalism has (...) been a arget of criticism for some time. This is not news. What is news and what is becoming more apparent to those who examine the issue is that the alternatives Strauss presents in the above quotation are not mutually exclusive. Indeed, as I and my colleague, Douglas J. Den Uyl, have recently observed: Making the individual the moral center of the universe does not require that one accept nominalism, mechanism, or hedonism, nor does accepting essentialism, teleology, and eudaimonism... require rejecting individualism. It is possible for the fulfillment of the individual to be interpreted in terms of the requirements for human wellbeing. There can be a view of the ego or self that is neither otherwordly nor Hobbesian, but Aristotelian. Further, the achievement of man's natural end need not be interpreted along Platonic lines. There is no such thing as the flourishing of "man." There is only the flourishing of individual men. The human good neither exists apart from the chokes and actions of individual human beings nor independent of the particular " mix " of goods that the individual human being must determine as appropriate for his circumstances. *This essay is based on a paper presented at a meeting of the American Association for the Philosophic Study of Society, American Philosophical Association (Eastern Division) convention, December 29, 1991 in New York City. This meeting was devoted to David L. Norton's book Democracy and Moral Development (Berkeley: University of California Press, 1991). 109 110 DOUGLAS B. RASMUSSEN Strauss's dichotomy betrays a disturbing tendency, often found among proponents of natural right and natural law, to reify the concept " natural end " and make it some good that competes with the good of individual human beings.1 David L. Norton in his recent work, Democracy and Moral Development, has also noted the nonexclusivity of Strauss's alternatives. Conditioned as we are by modernity's conception of the individual, the question of replacing avarice as the thematic motivation in lives of persons is likely to leave us at a loss. What else could possibly serve? The purpose of this book is to propose the eudaimonistic answer, and that answer is love in the meaning of Eros. Thus understood, love is not exclusively or primarily interpersonal; it is first of all the right relationship of each person with himself or herself. The self to which love is in the first instance directed is the ideal self that is aspired to and by which random change is transformed into the directed development we term growth. When the ideal of the individual is rightly chosen, it realizes objective values that subsisted within the individual as innate potentialities, thereby achieving in the individual the self-identity that is termed "integrity" and that constitutes the foundation of other virtues.2 Norton desires to reconceptualize the individualism historically associated with classical liberalism so as both to retain the gains of classical liberalism and to overcome its moral minimalism. According to Norton, the crucial problem with the conception of individuality historically associated with classical liberalism is that it is "non-developmental," or rather, there is only development within a single stage, namely, for self-preservation. There is nothing more. There is no standard of self-perfection by which to distinguish satisfaction of desire from satisfaction of right desire -no way to distinguish Socrates's satisfaction from that of a fool's. Norton thus seeks to replace classical liberalism's non-developmental conception of individuality with a eudaimonistic conception of the individual. 1 Douglas B. Rasmussen and Douglas J. Den Uy!, Liberty and Nature: An Aristotelian Defense of Liberal Order (La Salle, IL: Open Court, 1991), pp. 2 Democracy and Moral Development, p. 40. 92-93. RECLAIMING LIBERALISM 111 By replacing classical liberalism's conception of individuality with a... (shrink)

Jonathan Quong’s book, Liberalism without Perfection, provides an innovative new defense of political liberalism based on an “internal conception” of the goal of public justification. Quong argues that public justification need merely be addressed to persons who affirm liberal political values, allowing people to be coerced without a public justification if they reject liberal values or their priority over comprehensive values. But, by extensively restricting members of the justificatory public to a highly idealized constituency of liberals, Quong’s political (...) liberalism becomes objectionably sectarian. Coercing citizens without a public justification if they hold non-liberal comprehensive views is no different from the sectarian perfectionist view that people can be coerced without a public justification if they hold false comprehensive views. Quong argues that some degree of sectarianism is unavoidable in formulating a conception of political liberalism. While this may be, I maintain that the internal conception is nonetheless excessively sectarian. To demonstrate this, I develop an attractive competitor conception, the convergence conception, which addresses public justification to a diverse, moderately idealized justificatory public. If convergence is a viable interpretation of political liberalism, I argue, then the internal conception is excessively sectarian. (shrink)

This book develops an original and comprehensive theory of political liberalism. It defends bold new accounts of the nature of autonomy and individual liberty, the content of distributive justice, and the justification for the authority of the State. The theory that emerges integrates contemporary progressive and pluralistic liberalism into a broadly Aristotelian intellectual tradition. The early chapters of the book challenge the traditional conservative idea of individual liberty-the liberty to dispose of one's property as one wishes-and replace it (...) with a new one, according to which liberty is of equal value to all persons, regardless of economic position. The middle chapters present an original theory of socio-economic justice, arguing that a society in which every citizen enjoys an equal share of liberty should be the distributive goal of the State. It is argued that this goal is incompatible with the existence of large disparities in wealth and economic power, and that (contra conservative and libertarian economic arguments) such disparities are harmful to the overall health of national and global economies. The final chapters provide an original argument that the State has both a moral duty and a moral right to pursue this program of socio-economic justice (contra conservative and libertarian moral arguments), and that only the measures necessary to implement this program lie within the morally justifiable limits on the State's authority. Though primarily a political work, it spans most areas of practical philosophy-including ethical, social, and legal theory; and meta-ethics, moral psychology, and action theory. And though fundamentally a philosophical work, it incorporates research from a number of fields-including decision theory, economics, political science, and jurisprudence; primatology, neuroscience, and psychology; and history, anthropology, sociology, and ecology-and is sure to be of interest to a wide range of scholars and students. (shrink)

I attempt to show that toleranceis part of the idea of American law: for any legalsystem must incorporate the capacity toaccommodate differences in order to meet theminimal standards necessary to apply a rule. There are multiple forms of tolerance, however, some ofwhich are inconsistent with liberal principles.By examining several lines of jurisprudencerelating to speech and privacy, I show thatAmerican law reflects elements of bothliberalism and conservative communitarianism. I attempt to reconcile these by suggesting they actuallyreflect a perfectionist foundation of liberalautonomy. (...) That is to say, American law doesnot value moral autonomy and reasoned discoursebecause they protect neutrality betweendifferent ideas of the good life: rather, thelaw reflects an idea of the good life that seesmoral autonomy as advancing well being.This perfectionist liberal foundation oftolerance reflects the evolution of Americanlaw. Through slavery, sexism and the controlof erotic speech we see how it expanded theideas of who is capable of rationaldiscourse and what activities incorporatethe exercise of reasoned moral autonomy;and how the law imposes this autonomouscapacity on individuals as the price ofcitizenship, even if they belong to groups whodeny the value of reason or autonomy. (shrink)

ABSTRACTIt is contended that British Idealists, New Liberals and Liberal Imperialists were all in favour of imperialism, especially when it took the form of white settler communities. The concession of relative autonomy was an acknowledgement of the potential of white settler communities to go the way of America by severing their relationship with the Empire completely. Where significant differences emerge in their thinking is in relation to non-white territories in the Empire where native peoples comprised the majority, and the British (...) Government and its agents administered in trust ‘lower’ peoples on the scale of civilisation with the ostensible goal of guiding them towards self-determination in the Empire. The differences in degree of commitment to these ideals were largely expressed in terms of the pejorative categories of ‘sane’ and ‘insane’ imperialism, which were flexible and manipulated for political gain, rather than analytic precision. Liberal Imperialists and New Liberals were opposed to each other in terms of the degree to which they supported imperialism, whereas British Idealists aligned themselves on both sides of the divide. (shrink)

This work brings together leading defenders of Natural Law and Liberalism for a series of frank and lively exchanges touching upon critical issues of contemporary moral and political theory. The book is an outstanding example of the fruitful engagement of traditions of thought about fundamental matters of ethics and justice.

The just war tradition assumes that civil war is a possible site of justice. It has an uneasy relationship with liberalism, because the latter resists the idea that insurgency and counterinsurgency can be justified in moral terms. The paper suggests that, even if this is true, these two schools of thought are closer to each other than often appears to be the case. In particular, the paper argues that insurgency and counterinsurgency can be justified using the liberal assumptions that (...) nonviolent opposition is the proper non-institutional technique to fight oppressive regimes, and that law enforcement is the appropriate response to unjustified rebellions. Given these assumptions, insurgent warfare is limited to circumstances in which, firstly, nonviolent resistance is no longer a reasonable course of action; and secondly, insurgents have the intention to create the political conditions that are needed to make it a coherent option again.Counter insurgent warfare, in turn, is restrained to those situations in which, first, there is a rebellion or revolution even though the use of nonviolent strategies for conflict and change remains a reasonable choice; and second, police agencies lack the resources that arerequired for managing and suppressing rebel activities. Of course, these requirements should be taken as presumptions, and there may be cases when they do not hold. (shrink)

The reply to five reviews of Bourgeois equality in a symposium in EJPE observes that all the reviewers admit the great force of ideas in causing the Great Enrichment. Materialism is dead. Liberalism reigns.

In this collection, thirteen prominent philosophers and political scientists address the nature of liberalism, its origins, and its meaning and proper interpretation. Some essays examine the writings of liberalism's earliest defenders, like John Locke and Adam Smith, or the influence of classical liberalism on the American founders. Some focus on the Progressive movement and the rise of the administrative state, while others defend particular conceptions of liberalism or examine liberal theories of justice, including those of John (...) Rawls and Robert Nozick. Several essays discuss the U.S. Constitution, seeking to determine whether it is best viewed as empowering the federal government to achieve certain ends, or as strictly limiting its power to ensure the broadest freedom for individuals to pursue their own ends. Other essays address the limits of economic freedom or focus on the nature and extent of property rights and the government's power of eminent domain. (shrink)

In this volume, prominent political theorist Michael Zuckert presents an important and pathbreaking set of meditations on the thought of John Locke. In more than a dozen provocative essays, many appearing in print for the first time, Zuckert explores the complexity of Locke's engagement with his philosophical and theological predecessors, his profound influence on later liberal thinkers, and his amazing success in transforming the political understanding of the Anglo-American world. At the same time, he also demonstrates Locke's continuing relevance in (...) current debates involving such prominent thinkers as Rawls and MacIntyre. Zuckert's careful reconsideration of Locke's role as "launcher" of liberalism involves a sustained engagement with the hermeneutical issues surrounding Locke, an innovator who faced special rhetorical needs in addressing his contemporaries and the future. It also involves highlighting the novelty of Locke's position by examining his stance toward the philosophical and religious traditions in place when he wrote. Zuckert argues that neither of the dominant ways of understanding Locke's relations to his predecessors and contemporaries is adequate; he is not well seen as a follower of any orthodoxy nor of any anti-orthodoxy of his day, either philosophical or theological. He found a path to innovation that was philosophically radical but which was also able to connect with prevailing and accepted traditions. That allowed him to exercise a practical influence in history rarely, if ever, matched by any other philosopher. Zuckert illustrates that influence by showing how William Blackstone used Lockean philosophy to reshape the common law and how the Americans of the eighteenth century used Lockean philosophy to reshape Whig political thought. Zuckert argues that Locke's philosophy has continuing philosophic and political force, a proposition he demonstrates by arguing that Locke presents a form of political philosophy superior to that of the liberal theorists of our day and that he has solid rejoinders to contemporary critics of liberalism. (shrink)

John Gray argues that the modern conception of man is common for all variants of the liberal tradition. The version of liberalism which is defended in this paper cannot be called ‘classical’ because it refuses the conception in question (it refuses such elements of it as, for example, claims of universality, idea of neutral Reason, idea of human nature). That is why the best label which can be given to it is ‘postmodern’ or ‘communitarian’ liberalism. Moreover, postmodern (...) class='Hi'>liberalism does not express any reluctance toward community as such. It only requires a community which respects the rights of individuals to autonomous, moral and comprehensive choices. In this sense one can say that postmodern liberalism renounces anti-social biases while remaining faithful to individualism, which - starting with the social and the common - arrives at the truly individual. In this way it can revitalize the sense and meaning of humanism understood as the idea of life of human beings who can create their own lives independently and freely in the political and social milieu, promoting justice and solidarity. (shrink)

Congress's national-security legislation will often require clear and specific congressional authorization before the executive can undertake certain actions. The War Powers Resolution, for example, prohibits any law from authorizing military hostilities unless it "specifically authorizes" them. And the Foreign Intelligence Surveillance Act of 1978 required laws to amend FISA or repeal its "exclusive means" provision before they could authorize warrantless electronic surveillance. But efforts to legislate clear-statement regimes in national-security law have failed to induce compliance. The Clinton Administration inferred congressional (...) "authorization" for the 1999 Kosovo War from an appropriations statute that failed to specifically authorize the conflict. And the Bush Administration inferred congressional "authorization" for the NSA surveillance program from ambiguous language in the post-September 11th Authorization to Use Military Force. In both situations, executive-branch lawyers employed expansive theories of implied repeal and constitutional avoidance to evade the codified clear-statement requirements, and Congress and the courts acquiesced to the President's actions. Recent proposals to strengthen the clear-statement requirements in Congress's national-security framework legislation are unlikely to be effective without institutional mechanisms, such as points of order, that can deter future legislators from enacting vague or ambiguous legislation from which the executive might claim implicit congressional "authorization," and that can induce Congress to confront Presidents that act without specific congressional authorization. Simply enacting more narrow or explicit clear-statement requirements, or adding funding restrictions to Congress's framework legislation, fails to counter the aggressive interpretive doctrines that executives of both political parties have used to concoct congressional "authorization" from vague or ambiguous statutory language. (shrink)

Civil libertarians characterize prostitution as a "victimless crime," and argue that it ought to be legalized. Feminist critics counter that prostitution is not victimless, since it harms the people who do it. Civil libertarians respond that most women freely choose to do this work, and that it is paternalistic for the government to limit a person's liberty for her own good. In this book Peter de Marneffe argues that although most prostitution is voluntary, paternalistic prostitution laws in some form are (...) nonetheless morally justifiable. If prostitution is commonly harmful in the way that feminist critics maintain, then this argument for prostitution laws is not objectionably moralistic and some prostitution laws violate no one's rights. Paternalistic prostitution laws in some form are therefore consistent with the fundamental principles of contemporary liberalism. (shrink)

Liberalism and Distributive Justice discusses liberalism, capitalism, distributive justice, and John Rawls's difference principle. Chapters are organized in a narrative arc: from liberalism as the dominant political and economic system, to the laws governing interpersonal transactions in liberal society, to basic economic and political institutions that determine distributive justice.

RESUMEN Los defensores del liberalismo político sostienen que el ejercicio del poder político es legítimo solo cuando es justificado por razones públicas que todos los ciudadanos pueden aceptar con independencia de la doctrina religiosa, filosófica o moral a la que se adhieren. Según John Rawls, satisfacer esa concepción de la legitimidad exige apelar, en la justificación pública de la acción del Estado, a "concepciones políticas de la justicia". Se busca elaborar un nuevo tipo de argumento a favor de la posición (...) de Rawls. ABSTRACT The supporters of political liberalism hold that the exercise of political power is legitimate only when it is justified by public reasons acceptable to all citizens, independently of the religious, philosophical, or moral doctrine they adhere to. In John Rawls' view, satisfying this conception of legitimacy makes it necessary to appeal to "political conceptions of justice" when attempting to publicly justify actions by the State. The article sets forth a new type of argument in favor of Rawls' position. RESUMO Os defensores do liberalismo político sustêm que o exercício do poder político é legítimo só quando é justificado por razões públicas que todos os cidadãos podem aceitar com independência da doutrina religiosa, filosófica ou moral à qual se aderem. Segundo John Rawls, satisfazer essa concepção da legitimidade exige apelar, na justificativa pública da ação do Estado, a "concepções políticas da justiça". Procura-se elaborar um novo tipo de argumento a favor da posição de Rawls. (shrink)

This article focuses on the following three novel and original philosophical approaches to classical liberalism: Den Uyl and Rasmussen’s perfectionist argument from meta-norms, Gaus’s justificatory model, and Kukathas’s conscience-based theory of authority. None of these three approaches are utilitarian or consequentialist in character. Neither do they appeal to the notion of a rational bargain as it is typical within contractarianism. Furthermore, each of these theory rejects the idea that classical liberalism should be grounded on considerations of interpersonal justice (...) such as those that are central to the Lockean tradition. It is argued that these three theories, despite their many attractive features, fail to articulate in a convincing manner some central classical liberal concerns. (shrink)

Liberal societies conventionally treat religion as unique under the law, requiring both special protection and special containment. But recently this idea that religion requires a legal exception has come under fire from those who argue that religion is no different from any other conception of the good, and the state should treat all such conceptions according to principles of neutrality and equal liberty. Cécile Laborde agrees with much of this liberal egalitarian critique, but she argues that a simple analogy between (...) the good and religion misrepresents the complex relationships among religion, law, and the state. Religion serves as more than a statement of belief about what is true, or a code of moral and ethical conduct. It also refers to comprehensive ways of life, political theories of justice, modes of voluntary association, and vulnerable collective identities. Disaggregating religion into its various dimensions, as Laborde does, has two clear advantages. First, it shows greater respect for ethical and social pluralism by ensuring that whatever treatment religion receives from the law, it receives because of features that it shares with nonreligious beliefs, conceptions, and identities. Second, it dispenses with the Western, Christian-inflected conception of religion that liberal political theory relies on, especially in dealing with the issue of separation between religion and state. As a result, Liberalism's Religion offers a novel answer to the question: Can Western theories of secularism and religion be applied more universally in non-Western societies?--. (shrink)

Terry McLaughlin's sudden death in 2006 deprived the academic world of a leading British philosopher of education, and the author himself of the opportunity to publish a planned synthesis of his work. This volume brings together a collection of his essays from a variety of leading journals. They have been selected by former colleagues well-acquainted with his thinking to celebrate his work and make it available in a convenient and accessible form.

Does neo-Rawlsian political philosophy offer an adequate account of the social conditions of capitalism? In this paper, I present two arguments for thinking that it does not. First, I develop a historicist critique of liberal egalitarianism, arguing that it provides a vision of social reality that is intimately connected to the historical and ideological constellation that I call postwar liberalism, and as such cannot account for social reality since the neoliberal revolutions of the late twentieth century. Second, I explore (...) arguments in Marxist and critical social theory that cast liberal egalitarianism as partial, on account of its inadequate portrait of capitalist society. In surveying responses to these critiques, I argue that merely extending liberal egalitarianism into new domains to account for how contemporary circumstances have changed since the mid-twentieth century cannot address the problem of its partial view of the social world. Taking seriously the insights of critical social theory and the study of capitalism should lead to a challenge to liberal egalitarianism, not an extension of it. (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)

In the 1960s, the strict opposition between the religious and the secular began to break down, blurring the distinction between political philosophy and political theology. This collapse contributed to the decline of modern liberalism, which supported a neutral, value-free space for capitalism. It also deeply unsettled political, religious, and philosophical realms, forced to confront the conceptual stakes of a return to religion. Gamely intervening in a contest that defies simple resolutions, Clayton Crockett conceives of the postmodern convergence of the (...) secular and the religious as a basis for emancipatory political thought. Engaging themes of sovereignty, democracy, potentiality, law, and event from a religious and political point of view, Crockett articulates a theological vision that responds to our contemporary world and its theo-political realities. Specifically, he claims we should think about God and the state in terms of potentiality rather than sovereign power. Deploying new concepts, such as Slavoj Žižek's idea of parallax and Catherine Malabou's notion of plasticity, his argument engages with debates over the nature and status of religion, ideology, and messianism. Tangling with the work of Derrida, Deleuze, Spinoza, Antonio Negri, Giorgio Agamben, Alain Badiou, John D. Caputo, and Catherine Keller, Crockett concludes with a reconsideration of democracy as a form of political thought and religious practice, underscoring its ties to modern liberal capitalism while also envisioning a more authentic democracy unconstrained by those ties. (shrink)

Robert Talisse charges as doomed the Berlinian effort to infer liberal politics from value pluralism, based on the observation that it unavoidably vio- lates Hume’s law and that the two in fact clash in their basic logic. In arriving at this diagnosis, however, Talisse relies on several problematic assumptions about practical reasoning as well as about value pluralism and liberalism. As a result, he fails to appreciate the practical nature of practical reasoning and also fails to see the negative (...) aspects of value pluralism and of liberalism. Once these misconceptions get straightened out there is an increased opportunity for the Berlinian inference to succeed. (shrink)

This article analyses Ukraine’s language policies from 2002 to 2022 within a framework of liberalism, while avoiding making normative judgements or recommendations, updating the discussion raised in Kymlicka and Opalski’s Can Liberal Pluralism be Exported? The analysis takes into consideration Ukraine’s present and historic position, including the challenge that postcolonial nation building can pose for achieving liberalism and linguistic justice. The paper focuses on three main areas of language policy: education, businesses and media, and assesses if they can (...) be described as liberal orthodox, pluralist or illiberal. The article begins by defining liberalism and illiberalism, discussing the context of Ukraine’s linguistic diversity and postcolonial context, before outlining the language situation until EuroMaidan. Then, the main issue of language policy in the areas of education, business and media is analysed, before considering whether Ukrainian language laws might be considered liberal or illiberal. Finally, potential future trajectories are outlined. (shrink)

Bioethicists working on national ethics commissions frequently think of themselves as advisors to the government, but distance themselves from any claims to actual authority. Governments however may find it beneficial to appear to defer to the authority of these commissions when designing laws and policies, and might appoint such commissions for exactly this reason. Where does the authority for setting laws and policies come from? This question is best answered from within a normative political philosophy. This paper explains the locus (...) of moral authority as understood within one family of normative political theories—liberal political theories—and argues that most major “liberal” commentators have understood both the source and scope of ethics commissions’ authority in a manner at odds with liberalism, rightly interpreted. The author argues that reexamining the implications of liberalism for bioethics commissions would mean changing what are considered valid criticisms of such commissions and also changing the content of national bioethics commission mandates. The author concludes that bioethicists who participate in such commissions ought to carefully examine their own views about the normative limits of governmental authority because such limits have important implications for the contribution that bioethicists can legitimately make to government commissions. (shrink)

Climate Liberalism examines the potential and limitations of classical-liberal approaches to pollution control and climate change. Some successful environmental strategies, such as the use of catch-shares for fisheries, instream water rights, and tradable emission permits, draw heavily upon the classical liberal intellectual tradition and its emphasis on property rights and competitive markets. This intellectual tradition has been less helpful, to date, in the development or design of climate change policies. Climate Liberalism aims to help fill the gap in (...) the academic literature examining the extent to which classical-liberal principles, including an emphasis on property rights, decentralized authority and dynamic markets, can inform the debate over climate-change policies. The contributors in this book approach the topic from a range of perspectives and represent multiple academic disciplines. Chapters consider the role of property rights and common-law legal systems in controlling pollution, the extent to which competitive markets backed by legal rules encourage risk minimization and adaptation, and how to identify the sorts of policy interventions that may help address climate change in ways that are consistent with liberal values. (shrink)

In this paper we argue that John Rawls’s account of political liberalism requires a conception of mutual respect that differs from the one advanced in A Theory of Justice. We formulate such a political liberal form of mutual respect, which we call ‘civic respect.’ We also maintain that core features of political liberalism – in particular, the ideas of ‘the burdens of judgment’ and ‘public reason’ – do not commit political liberalism to an ideal of personal autonomy, (...) contrary to claims made by various commentators. Furthermore, we maintain that teaching the idea of ‘public reason’ to students in civic education courses does not threaten their ‘ethical integrity.’ On the basis of these points, we maintain – against political and educational theorists like Eamonn Callan and Amy Gutmann – that political liberalism permits a wider range of educational policy options, including some ‘school choice’ policies, than most forms of comprehensive liberalism. We conclude the article by considering some such policies. (shrink)

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

In her book, Socially Undocumented: Identity and Immigration Justice, Amy Reed-Sandoval discloses and criticizes a kind of oppression that is uniquely suffered by a group she identifies as "socially undocumented." The problem with her account is not with the identification of this group nor in her conclusions or recommendations, but in taking an overly constrained version of liberalism as her starting point. This non-radical version of liberalism does not have the necessary resources to properly recognize as unjust the (...) kind of oppression that Reed-Sandoval is most concerned with. I therefore argue in this essay that in order to properly recognize this kind of oppression as unjust, one must either subscribe to a “Goldilocks” version of liberalism or rely on a political theory that gets beyond liberalism. (shrink)

Darwinian Evolution and Classical Liberalism brings together a collection of new essays that examine the multifaceted ferment between Darwinian biology and classical liberalism.

Recent defenses of same-sex marriage and polygamy have invoked the liberal doctrines of neutrality and public reason. Such reasoning is generally sound but does not go far enough. This paper traces the full implications of political liberalism for marriage. I argue that the constraints of public reason, applied to marriage law, entail ‘minimal marriage’, the most extensive set of state-determined restrictions on marriage compatible with political liberalism. Minimal marriage sets no principled restrictions on the sex or number of (...) spouses and the nature and purpose of their caring relationships, nor on which marital rights are exchanged, and whether they are exchanged reciprocally or asymmetrically. Minimal marriage supports adult care networks, urban tribes, friendships, and other forms of relationships as well as ‘traditional’ marriages. I provide a publically justifiable rationale for a legal framework supporting non-dependent caring relationships between adults. The argument is that caring relationships are primary goods, and that liberal justice accordingly requires legal frameworks supporting caring relationships. Minimal marriage is one such framework. (shrink)

In this brief comment on Chandran Kukathas’s “Ethical Pluralism from a Classical Liberal Perspective,” I present the other side of the liberal dialogue on diversity. It sets out the responses of deliberative liberals to the difficulties of pluralism where these responses are different from those presented by Kukathas’s liberals. One of the best examples of this other strand of classical liberalism today is John Rawls’s “political liberalism,” a view of liberalism founded on the ideal of the exchange (...) of public reasons among ethically plural citizens. Of course, both types of liberals share a great deal and most are members of both schools under some descriptions. However, important differences remain and their continuous contestation within liberalism make this a living and evolving tradition. The aim of this comment is thus to supplement Kukathas’s excellent account by bringing in these other liberal voices where they dissent from the views of the minimal liberals on pluralism. (shrink)

While Okin's feminist appropriation of Rawls's theory of justice requires that principles of justice be applied directly to the family, Rawls seems to require only that the family be minimally just. Rawls's recent proposal dulls the critical edge of liberalism by capitulating too much to those holding sexist doctrines. Okin's proposal, however, is insufficiently flexible. An alternative account of the relation of the political and the nonpolitical is offered by Jürgen Habermas.

Liberalism without Perfection offers an introduction to the debate between liberal perfectionism and political liberalism. This book is a new account and defence of Rawlsian political liberalism, one of the most discussed, but widely misunderstood and criticized theories in contemporary political theory.

Darwinian Evolution and Classical Liberalism brings together a collection of new essays that examine the multifaceted ferment between Darwinian biology and classical liberalism.

There is widespread opinion that, notwithstanding deviations, the political life of humanity on a large scale is on the path of progress, and humans are becoming freer and more enlightened with time. I am going to contend with this opinion, namely, with a part of it telling that the prevailing mass of the people strives to achieve more freedom and enlightenment. On the opposite, freedom, individual independence, and political rights are of minor importance to the mass. The ideology of (...) class='Hi'>liberalism in its classical form, as created by John Locke, Immanuel Kant, John Stuart Mill and others, yields to the pressure of the ideology of state paternalism. The pressure comes not only from above ; the people also welcome more paternalism. They appear not to value their individual freedom and independence, and they are inclined to give them up voluntarily to some mighty organization such as the state in exchange for care, protection and leadership. Liberalism has played an important role in the development of human civilization and the formation of the Western world, but new ideologies and political practices are pushing it out of people’s minds. For the author, as adherent of classical liberalism, this is unfortunate. However, I wish to treat this issue realistically, even if the facts conflict with my own convictions and desires. (shrink)

Hobbes is commonly treated as a foundational figure for liberalism. This familiar view relies on emphasizing his account of the relationship between rights bearing individuals and state power. By contrast, this essay centers the practical question of how to govern, and develops this perspective to both question Hobbes's supposed liberalism and to demonstrate the utility of construing liberalism as more than a set of philosophical arguments regarding subject-state relations. In particular, understanding liberalism in terms of political (...) technique offers a new perspective on the relationship between liberalism and republicanism. (shrink)

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

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 assesses Frank I. Michelman’s constitution-centered and proceduralist interpretation of Rawls’ conception of political legitimacy and argues that it merits attention because it highlights the institutional aspects of Rawls’ understanding of political legitimacy for constitutional democracies. However, the article also questions Michelman’s interpretation of Rawls’ ‘liberal principle of legitimacy’ (LPL) and the later ‘idea of political legitimacy based on the criterion of reciprocity’ (ILBR). As Michelman rightly points out, for the exercise of political power to be legitimate in a (...) constitutional democracy, it must be in accordance with a constitution that is itself legitimate or reasonably acceptable to free and equal citizens. Yet, the article argues that Rawls’ two legitimacy formulations are attempts to make an additional point: Namely that when democratic citizens exercise political power in ‘the fundamental political issues’, or in issues that shape the basic justice of society or the essentials of the constitution itself, they must respect the ideal of public reason – or ensure themselves and other citizens that their exercise of political power is in accordance with the underlying basic political-moral ideas of persons and society that make the constitution itself acceptable to them. The LPL and the ILBR are conceptions of political legitimacy, not in the sense of setting up a criterion for when a specific law is legitimate, but in the sense of outlining civic or “office-specific” constraints that citizens and public officials must put on their reasoning and exercise of political power in the fundamental political issues for the practice of a constitutional democracy to be legitimate, or well-ordered, reasonably just, and stable for the right reasons – in the long run. The article also discusses why Rawls saw the need to reformulate the LPL, and how the later ILBR assigns a new significance to citizens’ actual use of public reason and their intersubjective deliberation. (shrink)

This book elaborates, illuminates, and illustrates a confident and attractive account of social and political liberalism in light of a rich understanding of flourishing and fulfilment rooted in a version of natural law theory. Examining issues in ethics, law, and politics - including consumer responsibility, the assignment of grades by teachers, deception by lawyers, war and empire, and the use of victim-impact statements in parole decisions - Gary Chartier shows how natural law theory can effectively support pluralism, diversity, social (...) equality, integrity, peace, and freedom. (shrink)

This article looks at how various political cultures and imaginaries occlude the public’s deeply democratic political role, especially the currently reigning anti-political culture of neo-liberalism. Even in an era when millions of people the world over take to the streets in protest, dominant political imaginaries position most of the world’s people as largely powerless. What is needed is a radical political imaginary along the lines that Cornelius Castoriadis suggests. This imaginary foregrounds the ways in which all social and political (...) formations are already constituted by human beings’ ability to create new formations in the absence of foundations. But ignorant of this power, people are trapped in imaginaries where it seems that power resides elsewhere, only in halls of state or corporate boardrooms. This article offers an account that identifies where power originates and how it can be reclaimed through a more radical democratic political imaginary. The article proceeds as follows: the first two sec... (shrink)

It has been widely argued that East Asian governments should be permitted to promote Confucian values. Recently, Zhuoyao Li rejected this view and advocates that East Asian govern- ments should be neutral to all cultures and religions, including Confucianism. Nevertheless, Li believes that Confucianism does not loses its significance in a political liberal state because Confucians can still propose laws and policies, so long as their proposals are justified by public reason. In this paper, I argue that Li misunderstands the (...) true significance of Confucianism in his model. Under the constraint of public reason, Confucians can hardly give any novel input in public deliberation. Rather, I believe that the contribution of Confucianism is to educate citizens to become fully just in the private sphere. Citizens may learn to be unjust if injustices are common in the private sphere. However, a political liberal state would be criticized as being overly invasive if it directly regulates the private sphere. Hence, I propose a division of educational labour between po- litical liberalism and Confucianism in the public and private sphere. Finally, I use the Confucian workplace as an example to show how rituals in the workplace can enhance citizens’ sense of justice in the private sphere. (shrink)

Caring for Liberalism brings together chapters that explore how liberal political theory, in its many guises, might be modified or transformed to take the fact of dependency on board. In addressing the place of care in liberalism, this collection advances the idea that care ethics can help respond to legitimate criticisms from feminists who argue that liberalism ignores issues of race, class, and ethnicity. The chapters do not simply add care to existing liberal political frameworks; rather, they (...) explore how integrating dependency might leave core components of the traditional liberal philosophical apparatus intact, while transforming other aspects of it. Additionally, the contributors address the design of social and political institutions through which care is given and received, with special attention paid to non-Western care practices. This book will appeal to scholars working on liberalism in philosophy, political science, law, and public policy, and it is a must-read for feminist political philosophers. (shrink)