The essays in this collection investigate two political traditions and their critical interactions. The first series of essays deals with the development of natural rights individualism, some examining its origins in the thought of the seminal political theorist, John Locke, and the influential constitutional theorist, Montesquieu, others the impact of their theories on intellectual leaders during the American Revolution and the Founding era, and still others the culmination of this tradition in the writings of nineteenth-century individualists such as Lysander Spooner. (...) The second series of essays focuses on the Progressive repudiation of natural rights individualism and its far-reaching effect on American politics and public policy. (shrink)

This volume represents a contribution to the investigation of these issues of perennial interest and import, featuring essays whose authors hope to extend, deepen, and, in some cases, move in new directions, the current state of discussion.

Confronting crucial and difficult issues, the ten authors whose essays appear in this volume offer fresh perspectives on the nature and value of altruism. This collection of essays on moral philosophy deal with the balance to be struck between egoism and altruism - that is, between pursuing one's own interests and serving the interest of others - and with related issues. Contributions examine the relationship between altruism and rationality; consider cases in which one's personal needs and goals may legitimately be (...) given priority over the needs of others; question whether, and under what conditions, we may properly be forced to serve others' interests; and examine the role government should play in regulating our interactions. (shrink)

The essays in this volume, first published in 2000, explore questions about democracy that are relevant to political philosophy and political theory. Some essays discuss the appropriate ends of government or examine the difficulties involved in determining and carrying out the will of the people. Some address questions relating to the kinds of influence citizens can or should have over their representatives, asking, for example, whether individuals have a duty to vote, or whether inequalities in political influence among citizens can (...) be morally justified. Other essays analyze democratic institutions, discussing what role deliberation should play in the democratic process, and asking whether it is legitimate to use laws and public policies to express approval or disapproval of various kinds of conduct. Still others examine the relationship between democracy and value pluralism, or consider the suitability of democracy as a form of government in non-Western societies. (shrink)

Freedom of association is a cherished liberal value, both for classical liberals who are generally antagonistic toward government interference in the choices made by individuals, and for contemporary liberals who are more sanguine about the role of government. However, there are fundamental differences between the two viewpoints in the status that they afford to associational freedom. While classical liberals ground their support for freedom of association on the core notion of individual liberty, contemporary liberals usually conceive of freedom of association (...) as one among many values that are necessary for a liberal democracy to flourish. Which position provides a better grounding for freedom of association? The twelve essays in this volume explore the history and development of the right of free association, and discuss the limits that may legitimately be placed on this right. (shrink)

What are the core values of liberalism and how can they best be promoted? Liberals in the classical tradition championed individual freedom, limited government and a capitalist economic system with strong rights to private property. Contemporary liberals, in contrast, embrace more egalitarian values and allow for a far more prominent role for government intervention in the market to reduce inequality, redistribute wealth and regulate economic activity. What accounts for these very disparate liberal views of property rights and economic freedom? How (...) should we understand the transition from the classical view of liberalism to its more egalitarian modern version? And what, ideally, should the relationship be between the central values of liberalism and the economic institutions of capitalism? The eleven essays in this volume address these questions and examine related issues. (shrink)

The notion of obligation of what an agent owes to himself, to others, or to society generally occupies a central place in morality. But what are the sources of our moral obligations and what are their limits? To what extent do obligations vary in their stringency and severity, and does it make sense to talk about imperfect obligations, that is, obligations that leave the individual with a broad range of freedom to determine how and when to fulfil them? The twelve (...) essays in this volume address these and other questions and explore related issues. Some of them discuss broad theoretical questions, some essays look at moral reasons for action. Others discuss specific moral obligations or the tensions that may exist between our obligations and our other concerns. (shrink)

Modern industrial societies have achieved a level of economic prosperity undreamed of in earlier times, but in the view of the contemporary environmental movement, the prosperity has come at the cost of serious degradations to the natural world. For environmental advocates, problems such as resource depletion, air and water pollution, global warming and the loss of biodiversity represent due threats to the well-being of human societies and the planet itself. But just how serious are these threats and how should we (...) go about confronting them? Do environmental problems call for more extensive government controls over industrial activity, energy policy and the like, or is it possible to find solutions by harnessing the incentives of the free market? The essays in this collection address these questions and explore related issues. (shrink)

The institution of private property lies at the heart of contemporary Western societies. However, what are the limits of property ownership? Do principles of justice require some measure of governmental redistribution of property in order to relieve poverty or to promote greater equality among citizens? And what do principles of justice have to say about individuals' ownership of their own talents and the products of their labor, and about the initial acquisition of land and natural resources? The essays in this (...) volume, written by eleven prominent political and moral philosophers, address these questions and explore related issues. A number of them consider the theoretical foundations of property ownership, asking how the rights of individuals to acquire property can be justified, and how extensive these rights are. Some focus on the concept of self-ownership, discussing how the individual's right to control their own mind, body and actions relates to their right to gain control over extrapersonal objects and resources. Others look at connections between property ownership and various values, including democratic political participation and equality of wealth and opportunity. (shrink)

These essays assess market liberal or libertarian political theory. They provide insights into the limits of government, develop market-oriented solutions to pressing social problems, and explore some defects in traditional libertarian theory and practice. Some of the essays deal with crucial theoretical issues, asking whether the promotion of citizens' welfare can serve as the justification for the establishment of government, or inquiring into the constraints on individual behavior that exist in a liberal social order. Some essays explore market liberal or (...) libertarian positions on specific public policy issues, such as affirmative action, ownership of the airwaves, the provision of healthcare, or the regulation of food and drugs. Other essays look at property rights, the morality of profit-making, or the provision of public goods. Still others address libertarianism as a political movement, suggesting ways in which libertarians can reach out to those who do not share their views. (shrink)

Any comprehensive discussion of property must draw on a range of disciplines - philosophy, politics, economics, and legal theory - and must address a number of fundamental questions: What is the nature of ownership, and should there be limits on the rights that attend it? Should property be held privately or in common, or should some combination of these two types of ownership prevail? To what extent does the legitimacy of a system of property depend on considerations of economic efficiency (...) or distributive justice? The essays in this volume examine these questions, as well as other important issues, from a variety of perspectives. Some explore the theory of original acquisition; others deal with the concept of self-ownership; still others look at legal or constitutional issues. (shrink)

The essays in this volume address questions about responsibility that arise in moral philosophy and legal theory. Some analyse different theories of causality, asking which theory offers the best account of human agency and the most satisfactory resolution of troubling controversies about free will and determinism. Some essays look at responsibility in the legal realm, seeking to determine how the law should assign liability for negligence, or whether the courts should allow defendants to offer excuses for their wrongdoing or to (...) claim some form of 'diminished responsibility'. Other essays explore libertarian views about political freedom and accountability, asking whether libertarian positions on consent, contract law, and responsibility are consistent, or whether restitution is superior to retribution or deterrence as a basis for a theory of corrective justice. Still others examine the notion of partial or divided responsibility, or the relationship between responsibility and the emotions. (shrink)

The distinction between the public and private spheres of human life is a critical facet of contemporary moral, political, and legal thought. Much recent scholarship has invoked privacy as an important component of individual autonomy and as something essential to the ability of individuals to lead complete and fulfilling lives. However, the protection of one's privacy can interfere with the ability of others to pursue their own projects and with the capacity of the state to achieve collective goals. Developing an (...) acceptable account of the right to privacy - one that provides satisfactory answers to both theoretical and practical questions - has proven to be a vexing problem. The thirteen essays in this volume examine various aspects of both the right to privacy and the roles that this right plays in moral philosophy, legal theory, and public policy. (shrink)

These essays explore the history and justification of the welfare state and examine private alternatives to the public provision of aid. Essays focus on the nature of personal responsibility, the impact of identity politics on the welfare state, and the various strategies that have been proposed to deal with the problem of poverty. Others assess the success or failure of public housing, government assistance to veterans, or other specific programmes, suggesting ways of reforming, expanding, or replacing them.

A central idea in moral and political philosophy, 'autonomy' is generally understood as some form of self-governance or self-direction. Certain Stoics, modern philosophers such as Spinoza, and most importantly, Immanuel Kant, are among the great philosophers who have offered important insights on the concept. Some theorists analyze autonomy in terms of the self being moved by its higher-order desires. Others argue that autonomy must be understood in terms of acting from reason or from a sense of moral duty independent of (...) the passions. Autonomy seems closely related to the notion of freedom, but in what sense: freedom from coercion, freedom from psychological constraints, or freedom from material necessity? Various approaches to these and similar questions yield different implications for public policy. Is capitalism, social democracy or socialism more favorable to autonomy? The essays in this volume address these important questions. (shrink)

Courts and legal commentators have been notoriously unsuccessful in articulating a rule to differentiate between uncompensated police power regulations of land by govemment and situations in which the govemment can only interfere with property rights if it provides compensation to those owners who suffer losses. Noticeably absent from most discussions of this “takings” issue is any foundational underpinning in a theory of justice with respect to property holdings. Can two of the most influential contemporary theories ofjustice-that of John Rawls and (...) Robert Nozick -provide such needed support for the analysis of the “takings” issue? By employing the vehicle of three hypothetical exampIes I investigate this question and reach some conclusions conceming the applicability of such abstract theories of justice to the real world. (shrink)

What constitutes a just tax system, and what are its moral foundations? Should a society's tax regime be designed to achieve a just distribution of wealth among its citizens, or should such a regime be designed to promote economic growth, rising standards of living, and increasing levels of employment? Are these two goals compatible or incompatible? Why should justice not require, or at least lead to, an increase in general prosperity? The essays in this volume examine the history of tax (...) policies and the normative principles that have informed the selection of various types of taxes and tax regimes; economic data to discover which tax policies lead to economic growth; particular theories of justice or property rights regarding the design of tax systems; and other essays propose specific tax reforms. Still others challenge traditional theories of taxation, offering new ways of understanding the fiscal relationship between governments and their citizens. (shrink)

The essays in Cultural Pluralism and Moral Knowledge deal with philosophical issues that arise from the existence of a diversity of cultural traditions. The discussions range from broad examinations of the relevance of cultural pluralism to morality, to studies of specific cultural practices. Some essays explore the relationship between pluralism and political theory; some contrast pluralism with relativism or distinguish it from reasonable disagreement. Others propose and defend a set of principles that apply to all societies, forming the foundation of (...) a common moral system. Still others delve into questions of moral psychology, attempting to explain why people hold the values they do. (shrink)

Courts and legal commentators have been notoriously unsuccessful in articulating a rule to differentiate between uncompensated police power regulations of land by govemment and situations in which the govemment can only interfere with property rights if it provides compensation to those owners who suffer losses. Noticeably absent from most discussions of this “takings” issue is any foundational underpinning in a theory of justice with respect to property holdings. Can two of the most influential contemporary theories ofjustice-that of John Rawls and (...) Robert Nozick -provide such needed support for the analysis of the “takings” issue? By employing the vehicle of three hypothetical exampIes I investigate this question and reach some conclusions conceming the applicability of such abstract theories of justice to the real world. (shrink)

In this collection, twelve philosophers, historians, and political philosophers-scholars with a diverse set of disciplinary and political leanings-assess aspects of socialism in light of its recent reversals. Some of the essays consider what made the socialist project seem compelling to its advocates, examining the moral and political values that made socialism appealing to intellectuals. Others evaluate whether there are aspects of socialism that ought to be preserved, such as its quest for equality and community. Some essays examine whether free-market systems (...) need to be further modified in response to ongoing socialist critiques. Several others argue for the continuing validity of socialism in its social democratic incarnation, suggesting ways in which socialism may still have a productive future. Still others condemn the socialist project as inherently misguided in theory, while also portraying 'really existing socialism' as cataclysmic in practice. (shrink)

A central idea in moral and political philosophy, 'autonomy' is generally understood as some form of self-governance or self-direction. Certain Stoics, modern philosophers such as Spinoza, and most importantly, Immanuel Kant, are among the great philosophers who have offered important insights on the concept. Some theorists analyze autonomy in terms of the self being moved by its higher-order desires. Others argue that autonomy must be understood in terms of acting from reason or from a sense of moral duty independent of (...) the passions. Autonomy seems closely related to the notion of freedom, but in what sense: freedom from coercion, freedom from psychological constraints, or freedom from material necessity? Various approaches to these and similar questions yield different implications for public policy. Is capitalism, social democracy or socialism more favorable to autonomy? The essays in this volume address these important questions. (shrink)

Technological innovations and social developments have led to dramatic changes in the practice of medicine and in the way that scientists conduct medical research. Change has brought beneficial consequences, yet these gains have come at a cost, for many modern medical practices raise troubling ethical questions: Should life be sustained mechanically when the brain's functions have ceased? Should potential parents be permitted to manipulate the genetic characteristics of their embryos? Should society ration medical care to control costs? Should fetal stem (...) cells be experimented upon in an effort to eventually palliate or cure debilitating diseases? Bioethicists analyze and assess moral dilemmas raised by medical research and innovative treatments; they also counsel healthcare practitioners, patients, and their families. In this anthology, fifteen philosophers, social scientists, and academic lawyers assess various aspects of this field. (shrink)

Technological innovations and social developments have led to dramatic changes in the practice of medicine and in the way that scientists conduct medical research. Change has brought beneficial consequences, yet these gains have come at a cost, for many modern medical practices raise troubling ethical questions: Should life be sustained mechanically when the brain's functions have ceased? Should potential parents be permitted to manipulate the genetic characteristics of their embryos? Should society ration medical care to control costs? Should fetal stem (...) cells be experimented upon in an effort to eventually palliate or cure debilitating diseases? Bioethicists analyze and assess moral dilemmas raised by medical research and innovative treatments; they also counsel healthcare practitioners, patients, and their families. In this anthology, fifteen philosophers, social scientists, and academic lawyers assess various aspects of this field. (shrink)

These essays represent the latest research of a number of prominent political theorists. The essays explore the role of government, the nature of public discourse and the obligations of citizens. Some examine the sources of our need for government, asking what form of government we should establish and whether a single form can be suitable for all societies. Some seek to discover the proper aims of government - asking, for example, whether government should promote equality among its citizens or whether (...) it should allow inequalities in the hope of raising everyone's level of well-being. Others explore government's role in ensuring citizens' autonomy and in protecting their rights to pursue their own interests and projects. Still others examine the processes through which policies are formulated and debated, asking what forms of public deliberation are likely to produce the best results. (shrink)

Whether free speech is defended as a fundamental right that inheres in each individual, or as a guarantee that all of society's members will have a voice in democratic decision-making, the central role of expressive freedom in liberating the human spirit is undeniable. Freedom of expression will, as the essays in this volume illuminate, encounter new and continuing controversies in the twenty-first century. Advances in digital technology raise pressing questions regarding freedom of speech and, with it, intellectual property and privacy (...) rights. Campaign finance reform limits the formerly sacrosanct category of 'political speech'. Expressive liberties may face their greatest challenge from government efforts to thwart terrorism. The twelve legal scholars and philosophers whose work appears in this volume examine the history of free speech doctrine, its relevance to other social and personal values, and the radical critiques it has withstood in recent years. (shrink)

The essays in this volume examine the nature of human flourishing and its relationship to a variety of other key concepts in moral theory. Some of them trace the link between flourishing and human nature, asking whether a theory of human nature can allow us to develop an objective list of goods that are of value to all agents, regardless of their individual purposes or aims. Some essays look at the role of friendships or parent-child relationships in a good life, (...) or seek to determine whether an ethical theory based on human flourishing can accommodate concern for others for their own sake. Other essays analyze the function of families or other social-political institutions in promoting the flourishing of individuals. Still others explore the implications of flourishing for political theory, asking whether considerations of human flourishing can help us to derive principles of social justice. (shrink)

The essays in this volume examine the nature of human flourishing and its relationship to a variety of other key concepts in moral theory. Some of them trace the link between flourishing and human nature, asking whether a theory of human nature can allow us to develop an objective list of goods that are of value to all agents, regardless of their individual purposes or aims. Some essays look at the role of friendships or parent-child relationships in a good life, (...) or seek to determine whether an ethical theory based on human flourishing can accommodate concern for others for their own sake. Other essays analyze the function of families or other social-political institutions in promoting the flourishing of individuals. Still others explore the implications of flourishing for political theory, asking whether considerations of human flourishing can help us to derive principles of social justice. (shrink)

Since the end of the Cold War, there has been increasing interest in the global dimensions of a host of public policy issues - issues involving war and peace, terrorism, international law, regulation of commerce, environmental protection, and disparities of wealth, income, and access to medical care. Especially pressing is the question of whether it is possible to formulate principles of justice that are valid not merely within a single society but across national borders. The thirteen essays in this volume (...) explore a range of issues that are central to contemporary discussions of global politics. Written by prominent philosophers, political scientists, economists, and legal theorists, they offer valuable contributions to current debates over the nature of justice and its implications for the development of international law and international institutions. (shrink)

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)

Divisions abound as to whether politics should be held responsible to a higher moral standard or whether pragmatic considerations, or realpolitik, should prevail. The two poles are represented most conspicuously by Aristotle (for whom the proper aim of politics is moral virtue) and Machiavelli (whose prince exalted political pragmatism over morality). The fourteen contributions to this volume address perennial concerns in political and moral theory. They underscore the rekindled yearning of many to hold the political realm to a higher standard (...) despite the skepticism of dissenters who question the likelihood, or even the desirability, of success. (shrink)

Philosophers since ancient times have pondered how we can know whether moral claims are true or false. The first half of the twentieth century witnessed widespread skepticism concerning the possibility of moral knowledge. Indeed, some argued that moral statements lacked cognitive content altogether, because they were not susceptible to empirical verification. The British philosopher A. J. Ayer contends that 'They are pure expressions of feeling and as such do not come under the category of truth and falsehood. They are unverifiable (...) ... because they do not express genuine propositions.' The second half of the twentieth century brought a revival of interest among philosophers in moral and political questions. Whether or not ethics can be founded upon a rational basis continues to preoccupy the philosophical community even now. (shrink)

Philosophers since ancient times have pondered how we can know whether moral claims are true or false. The first half of the twentieth century witnessed widespread skepticism concerning the possibility of moral knowledge. Indeed, some argued that moral statements lacked cognitive content altogether, because they were not susceptible to empirical verification. The British philosopher A. J. Ayer contends that 'They are pure expressions of feeling and as such do not come under the category of truth and falsehood. They are unverifiable (...) … because they do not express genuine propositions.' The second half of the twentieth century brought a revival of interest among philosophers in moral and political questions. Whether or not ethics can be founded upon a rational basis continues to preoccupy the philosophical community even now. (shrink)

The notion of obligation of what an agent owes to himself, to others, or to society generally occupies a central place in morality. But what are the sources of our moral obligations and what are their limits? To what extent do obligations vary in their stringency and severity, and does it make sense to talk about imperfect obligations, that is, obligations that leave the individual with a broad range of freedom to determine how and when to fulfil them? The twelve (...) essays in this volume address these and other questions and explore related issues. Some of them discuss broad theoretical questions, some essays look at moral reasons for action. Others discuss specific moral obligations or the tensions that may exist between our obligations and our other concerns. (shrink)

In 1776, the American Declaration of Independence appealed to "the Laws of nature and of Nature's God" and affirmed "these Truths to be self-evident, that all Men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty, and the Pursuit of Happiness...." In 1935, John Dewey, professor of philosophy at Columbia University, declared, "Natural rights and natural liberties exist only in the kingdom of mythological social zoology." These opposing pronouncements on (...) natural rights represent two separate and antithetical American political traditions: natural rights individualism, the original Lockean tradition of the Founding; and Progressivism, the collectivist reaction to individualism which arose initially in the newly established universities in the decades following the Civil War. (shrink)

This collection of essays is dedicated to the memory of the late Harvard philosopher Robert Nozick, who died in 2002. The publication of Nozick's Anarchy, State, and Utopia in 1974 revived serious interest in natural rights liberalism, which, beginning in the latter half of the eighteenth century, had been eclipsed by a succession of antithetical political theories including utilitarianism, progressivism, and various egalitarian and collectivist ideologies. Some of our contributors critique Nozick's political philosophy. Other contributors examine earlier figures in the (...) liberal tradition, most notably John Locke, whose Second Treatise of Government, published in the late seventeenth century, profoundly influenced the American founders. The remaining authors analyze natural rights liberalism's central doctrines. (shrink)

This collection of essays is dedicated to the memory of the late Harvard philosopher Robert Nozick, who died in 2002. The publication of Nozick's Anarchy, State, and Utopia in 1974 revived serious interest in natural rights liberalism, which, beginning in the latter half of the eighteenth century, had been eclipsed by a succession of antithetical political theories including utilitarianism, progressivism, and various egalitarian and collectivist ideologies. Some of our contributors critique Nozick's political philosophy. Other contributors examine earlier figures in the (...) liberal tradition, most notably John Locke, whose Second Treatise of Government, published in the late seventeenth century, profoundly influenced the American founders. The remaining authors analyze natural rights liberalism's central doctrines. (shrink)

Some essays in this book consider whether objective moral truths can be grounded in an understanding of the nature of human beings as rational and social ...

“What is the basis of political legitimacy?” This question is one that lies at the foundation of any political theory, for the answer to it will determine virtually all subsequent questions relating to the relationship between man and the state. However, intricately related to this question is another, perhaps equally fundamental if not more so than this concerning the basis of political legitimacy. John Locke, for instance, in his The Second Treatise of Government, entertained the subject “What is political or (...) civil society” before proceeding to probe the origins of that political society. Indeed, Locke places a definition of the nature of political power at the very outset of his Treatise, contending, in a definition that has not been improved upon by subsequent theoreticians of the natural rights persuasion, that. (shrink)