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Public reason accounts commonly claim that exercises of coercive political power must be justified by appeal to reasons accessible to all citizens. Such accounts are vulnerable to the objection that they cannot legitimate coercion to protect basic liberal rights against infringement by deeply illiberal people. This paper first elaborates the distinctive interpersonal conception of justification in public reason accounts in contrast to impersonal forms of justification. I then detail a core dissenter-based objection to public reason based on a worrisome example (...) |
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In Two Faces of Liberalism, John Gray pursues the dual agenda of condemning familiar liberal theories for perpetuating the failed “Enlightenment project,” and promoting his own version of anti‐Enlightenment liberalism, which he calls “modus vivendi.” However, Gray's critical apparatus is insufficient to capture accurately the highly influential “political” liberalism of John Rawls. Moreover, Gray's modus vivendi faces serious challenges raised by Rawls concerning stability. In order to respond to the Rawlsian objections, Gray would have to reinstate the aspirations and principles (...) |
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A liberalism of conscience incorporates both persuasion and reasoning to achieve its ends, but it does not entail guilt or bad conscience about the need to rule. Neither does the approach involve efforts to convert dissenters to some specific conception of the good. My view differs significantly from the views of John Rawls and John Locke: a liberalism of conscience is based in principles that people should accept, and which provide a firmer ground for rightful toleration. The theory is critical (...) |
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ABSTRACT Liberal theory has failed to provide theocrats who are aggrieved by the sinful practices widespread in liberal societies good reasons to tolerate these sins. Moreover, liberal theory has faltered in identifying grounds on which to impose regulations that violate theocrats? religious doctrines. These challenges must be met if liberalism is to temper religious discord and to maintain its own relevance in a world replete with theocratic conceptions of the good. |
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The recent global movement for women's human rights has achieved considerable re-thinking of human rights as previously understood. Since many of women's rights violations occur in the private sphere of family life, and are justified by appeals to cultural or religious norms, both families and cultures (including their religious aspects) have come under critical scrutiny. |
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This paper discusses the role of religious speech in the public square and the common school. It argues for more openness to political theology than many liberals are willing to grant and for an educational strategy of engagement over one of avoidance. The paper argues that the exclusion of religious debate from the public square has dysfunctional consequences. It discusses Rawls’s more recent views on public reason and claims that, while they are not altogether adequate, they are consistent with engagement. (...) |
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The eighteenth‐century controversy among Moses Mendelssohn, Friedrich Heinrich Jacobi, and Immanuel Kant undermines the tendency to equate liberalism with the Enlightenment. While the defender of the Enlightenment, Mendelssohn, championed defended such traditional liberal values as religious toleration, his arguments were often illiberal. In contrast, many of the views of his anti‐ Establishment opponent, Jacobi, are remarkably liberal. Kant's essays from the mid‐i78os advanced a liberal conception of politics but a view of Enlightenment that was quite distant from those of both (...) |
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This article began as a paper read at the ‘Embedded Memory and the Theological Contours of Division’ seminar held at Trinity College, Dublin in December 2011. I should like to thank Professor Linda Hogan of the Irish School of Ecumenics at Trinity for the opportunity of rehearsing these ideas in that forum. |
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Pediatricians provided expert testimony that, in the case of Baby K, provision of ventilator support goes beyond accepted standards of care for anencephalic infants and so is medically futile. This argument, however reasonable, does not persuade those who believe in the absolute value of even a fraction of human life. In Baby K, court records indicate that Ms. H, Baby K's mother, persistently adheres to the sanctity-of-life principle on religious grounds.While I think that quality-of-life considerations have a role in medical (...) |
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Pediatricians provided expert testimony that, in the case of Baby K, provision of ventilator support goes beyond accepted standards of care for anencephalic infants and so is medically futile. This argument, however reasonable, does not persuade those who believe in the absolute value of even a fraction of human life. In Baby K, court records indicate that Ms. H, Baby K's mother, persistently adheres to the sanctity-of-life principle on religious grounds.While I think that quality-of-life considerations have a role in medical (...) |
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I argue that there is a mutually illuminating parallel between the concept of obedience and the concept of believing a person. Just as both believing what a person says and believing what a person says for the reason that the person says it are insufficient for believing the person, so acting as a person demands and acting as a person demands for the reason that the person demands it are insufficient for obeying the person. Unlike the concept of believing a (...) |
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Research Articles Eric Mack, Social Philosophy and Policy, FirstView Article. |
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The article focuses on examining the distinct nature of persecution. In the article I argue that on the grounds of common historical cases of persecution an account of the core components of the concept may be established. The core comprises three central elements: asymmetrical and systemic threat, severe and sustained harm, and unjust discriminatory targeting. I will conclude the paper by suggesting that none of the components alone make persecution anything distinct. However, the simultaneous occurrence of the components may be (...) |
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While Spinoza’s political philosophy is often described as liberal, it is not always clear what this label means or whether it is warranted. Calling Spinoza ‘liberal’ implies that he belongs to a historical tradition of political philosophers, who formulated and defended claims, which later became identified as central to political liberalism. Consequently, clarifying how Spinoza is a liberal requires specifying precisely which liberal views he articulated and defended. This paper, first, examines the various ways that commentators have interpreted Spinoza as (...) |
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After a brief sketch of the history of philosophical pragmatism generally, and of legal pragmatism specifically (section 1), this paper develops a new, neo-classical legal pragmatism: a theory of law drawing in part on Holmes, but also on ideas from the classical pragmatist tradition in philosophy. Main themes are the "pluralistic universe" of law (section 2); the evolution of legal systems (section 3); the place of logic in the law (section 4); and the relation of law and morality (section 5). |
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When Herbert Marcuse's essay entitled “Repressive tolerance” was published in the mid-1960s it was trenchantly criticised because it was anti-democratic and defied the academic canon of value neutrality. Yet his argument is attracting renewed interest in the 21st century, particularly when, post 9/11, the thresholds or limits of tolerance are being contested. This article argues that Marcuse's original essay was concerned to problematise the dominant social understandings of tolerance at the time, which were more about insisting that individual citizens tolerate (...) |
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Toleration is one of the fundamental principles that inform the design of a democratic and liberal society. Unfortunately, its adoption seems inconsistent with the adoption of paternalistically benevolent policies, which represent a valuable mechanism to improve individuals’ well-being. In this paper, I refer to this tension as the dilemma of toleration. The dilemma is not new. It arises when an agent A would like to be tolerant and respectful towards another agent B’s choices but, at the same time, A is (...) |
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One of the pressing challenges we face today—in a post-Westphalian order and post-Bretton Woods world —is how to design the right kind of MAS that can take full advantage of the socio-economic and political progress made so far, while dealing successfully with the new global challenges that are undermining the best legacy of that very progress. This is the topic of the article. In it, I argue that in order to design the right kind of MAS, we need to design (...) |
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. What are the assumptions that underline the Jewish Law Project? To what extent is this project relates to Zionism as a political program and national vision? Does the secular version of this project and the religious one have anything in common? I argue that aside from the ideological lines that guide the Jewish Law Project, within it rests a reductionist and utopianist stance vis‐à‐vis halakhah which are considered to be obvious. I shall attempt to claim that reductionism and utopianism (...) |
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Two normative principles of toleration are offered, one individual-regarding, the other group-regarding. The first is John Stuart Mill’s harm principle; the other is “Principle T,” meant to be the harm principle writ large. It is argued that the state should tolerate autonomous sacrifices of autonomy, including instances where an individual rationally chooses to be enslaved, lobotomized, or killed. Consistent with that, it is argued that the state should tolerate internal restrictions within minority groups even where these prevent autonomy promotion of (...) |
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Im Rahmen der Maßnahmen zur Eindämmung der Covid-19- Pandemie sind die Bürgerinnen und Bürger in Deutschland und vielen anderen Ländern dazu angehalten, weitestgehend in ihren Privatwohnungen zu bleiben. Wurde der Wert des Privaten in der liberalen Tradition gerade im Rückzug von und als Schutz vor der politischen Öffentlichkeit sowie administrativen Eingriffen gesehen, wird das Private damit nun unmittelbar politischen Anforderungen unterworfen. Indem die Kontrolle über die Gewährung und Verwehrung des Zugangs zum Privaten eingeschränkt worden ist und keinen frei gewählten Rückzugsort (...) No categories |
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In Why Tolerate Religion?, Brian Leiter argues against the special legal status of religion, claiming that religion should not be the only ground for exemptions to the law and that this form of protection should be, in principle, available for the claims of secular conscience as well. However, in the last chapter of his book, he objects to a universal regime of exemptions for both religious and secular claims of conscience, highlighting the practical and moral flaws associated with it. We (...) |
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Jacobs and Arora (2015) argue convincingly for the permissibility of ritual male infant circumcision in general, but they allow for the state to prohibit the practice if it violates local norms. They say that such a ban would be permissible unless it amounts to unethical discrimination. In other words, if male infant circumcision is outlawed, then, as they say, “the same state should protect all children from all unnecessary procedures and practices that are equally uncomfortable and unsafe.” While such an (...) |
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Nicholas Wolterstorff and Christopher J. Eberle have defended the view that the ethics of liberal citizenship allows citizens to publicly support the passage of coercive laws based solely on their religious convictions. They also develop positive conceptions of virtuous citizenship that place moral limits on how citizens may appeal to their religion. The question I address in this essay is whether the limits they impose on citizens’ appeals to their religion are adequate. Since Eberle’s “ideal of conscientious engagement” provides us (...) |
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Abstract This article outlines Locke's theory of war as found in his political writings and seeks to redress a perceived imbalance in John Locke's morality of war. Locke's strident rejection of any sense of proportionality in warfare against unjust aggression, as read in the Second Treatise of Government, has to be tempered with his general philosophical programme against extremism of any sort. Arguably, Locke's war ethic when read alone is strict, objective, and emphatic, but when compared with his epistemological work, (...) |
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