Are government restrictions on hate speech consistent with the priority of liberty? This relatively narrow policy question will serve as the starting point for a wider discussion of the use and abuse of nonideal theory in contemporary political philosophy, especially as practiced on the academic left. I begin by showing that hate speech (understood as group libel) can undermine fair equality of opportunity for historically-oppressed groups but that the priority of liberty seems to forbid its restriction. This tension between free (...) speech and equal opportunity creates a dilemma for liberal egalitarians. Nonideal theory apparently offers an escape from this dilemma, but after examining three versions of such an escape strategy, I conclude that none is possible: liberal egalitarians are indeed forced to choose between liberty and equality in this case and others. I finish the paper by examining its implications for other policy arenas, including markets in transplantable human organs and women’s reproductive services. (shrink)

A question of interpersonal sovereignty dating back to the early modern era has resurfaced in contemporary political philosophy: viz. Should one individual have, prior to any consent, property rights in another person? Libertarians answer that they should not – and that this commitment requires us to reject all positive duties. Liberal-egalitarians largely agree with the libertarian’s answer to the question, but deny the corollary they draw from it, arguing instead that egalitarian regimes do not require other-ownership. Drawing on recent property (...) theory I argue the libertarians are wrong that positive duties necessarily imply other-ownership, and the egalitarians are wrong that egalitarian entitlements largely avoid other-ownership. Instead, a prohibition on other-ownership guides us towards a middling political position, both allowing and constraining our positive duties and liabilities to others. I conclude by suggesting that a prohibition on other-ownership creates an attractive boundary condition for property in general. (shrink)

Are there moral rights to do moral wrong? A right to do wrong is a right that others not interfere with the right-holder’s wrongdoing. It is a right against enforcement of duty, that is a right that others not interfere with one’s violation of one’s own obligations. The strongest reason for moral rights to do moral wrong is grounded in the value of personal autonomy. Having a measure of protected choice (that is a right) to do wrong is a condition (...) for an autonomous life and for autonomous moral self-constitution. This view has its critics. Responding to these objections reveals that none refute the coherence of the concept of a ‘moral right to do moral wrong’. At most, some objections successfully challenge the weight and frequency of the personal autonomy reasons for such rights. Autonomy-based moral rights to do moral wrong are therefore conceptually possible as well as, at least on occasion, actual. (shrink)

Are there moral rights to do moral wrong? A right to do wrong is a right that others not interfere with the right-holder’s wrongdoing. It is a right against enforcement of duty, that is a right that others not interfere with one’s violation of one’s own obligations. The strongest reason for moral rights to do moral wrong is grounded in the value of personal autonomy. Having a measure of protected choice (that is a right) to do wrong is a condition (...) for an autonomous life and for autonomous moral self-constitution. This view has its critics. Responding to these objections reveals that none refute the coherence of the concept of a ‘moral right to do moral wrong’. At most, some objections successfully challenge the weight and frequency of the personal autonomy reasons for such rights. Autonomy-based moral rights to do moral wrong are therefore conceptually possible as well as, at least on occasion, actual. (shrink)