Online research in philosophy

This essay argues that neutral paternalism (NP) is problematic for antiperfectionist liberal theories. Section 2 raises textual evidence that Rawlsian liberalism does not oppose and may even support NP. In section 3, I cast doubt on whether NP should have a place in political liberalism by defending a partially comprehensive conception of the good I call “moral capacity at each moment,” or MCEM, that is inconsistent with NP. I then explain why MCEM is a reasonable conception on Rawls's account of reasonableness. In section 4, I handle concerns that showing NP fails the test of Rawlsian public justification is a nonstarter since NP does not threaten any of our basic liberties. I sketch an argument that, if this is so, the burden is on political liberalism to defend its particular account of basic liberties, since MCEM is reasonable on Rawlsian grounds. More precisely, MCEM is a conception that challenges the way Rawls characterizes basic liberties; that is, his list of basic liberties should be more inclusive by political liberalism's own structural commitments, including Rawls's “liberal principle of legitimacy.” On this revised account, political liberalism can mount a strong opposition to hard legal paternalism.

Abstract Rawls ?s political liberalism abandons the traditional political?theory objective of providing a philosophical account of liberal democracy. However, Rawls also aims for a liberal political order endorsed by citizens on grounds deeper than what he calls a ?modus vivendi? compromise; he contends that a liberal political order based upon a modus vivendi is unstable. The aspiration for a pluralist and ?freestanding? liberalism is at odds with the goal of a liberalism endorsed as something deeper than a modus vivendi compromise among competing comprehensive doctrines. A liberalism that is supported ?for its own sake? rather than as a compromise must necessarily be based on some conception of the good, of the sort that political liberalism eschews.

Law as Politics thematically organises in one volume the varying engagements and confrontations with Schmitt's work and allows scholars to acknowledge-and ...

This article examines the attempts by John Rawls in the works published after "Political Liberalism" to engage with some of the feminist responses to his work. Rawls goes a long way toward addressing some of the major feminist-liberal concerns. Yet this has the unintended consequence of pushing justice as fairness in the direction of a more comprehensive, rather than a strictly political, form of liberalism. This does not seem to be a problem peculiar to Rawls: rather, any form of liberalism hospitable to feminist concerns must be, at the very least, a partly comprehensive, rather than a strictly political, doctrine.

This article raises some structural and theoretical problems in comprehensively reading Rawls. The first part divides Rawls’s oeuvre into two periods: the period marked by his most significant work A Theory of Justice (1971), and the period represented by Political Liberalism (1993) and The Law of Peoples (1999). The article examines ideas from all three books. The author first tries to show the continuity of Rawls’s liberalism, the best example being the development of the idea of the priority of right over the idea of the good, and the development of the ideal of equality. The second aim is to explain the idea of public reason, introduced in Rawls’s second period, and related objections, while examining three basic forms of justification in Political Liberalism. The author also takes into account Rawls’s criticism of the idea of political philosophy, which he sees as too keen to solve the needs of political society and less willing to explore the philosophical doctrine’s potential, and his idea of philosophical liberalism as opposed to political liberalism. The third part of the article stresses the principles and norms of international law and practice, and explains what Rawls calls “realistic utopia” and some related problems.

The later Rawls attempts to offer a non-comprehensive, but nonetheless moral justification in political philosophy. Many critics of political liberalism doubt that this is successful, but Rawlsians often complain that such criticisms rely on the unwarranted assumption that one cannot offer a moral justification other than by taking a philosophically comprehensive route. In this article, I internally criticize the justification strategy employed by the later Rawls. I show that he cannot offer us good grounds for the rational hope that citizens will assign political values priority over non-political values in cases of conflict about political matters. I also suggest an alternative approach to justification in political philosophy (that is, a weak realist, Williams-inspired account) that better respects the later Rawls’s concern with non-comprehensiveness and pluralism than either his own view or more comprehensive approaches. Thus, if we take reasonable pluralism seriously, then we should adopt what Shklar aptly called ‘liberalism of fear’.

As Rawls's thought evolved from his 1958 article ‘Justice as Fairness’ to the 1996 edition of his book Political Liberalism, his response to the problem of political compliance would seem to have undergone a number of changes. This article critically evaluates the development of Rawls's various explicit or implied arguments that serve to justify compliance to just social arrangements, and concludes that the problem of political compliance remains without any cogent solution within the vast corpus of Rawls's work. Key Words: liberalism • philosophical anarchism • political duties • political obligation • Rawls.

This is the first in-depth critical appraisal in English of the political, legal, and cultural writings of Carl Schmitt, perhaps this century's most brilliant critic of liberalism. It offers an assessment of this most sophisticated of fascist theorists without attempting either to apologise for or demonise him. Schmitt's Weimar writings confront the role of technology as it finds expression through the principles and practices of liberalism. Contemporary political conditions such as disaffection with liberalism and the rise of extremist political organizations have rendered Schmitt's work both relevant and insightful. John McCormick examines why technology becomes a rallying cry for both right- and left-wing intellectuals at times when liberalism appears anachronistic, and shows the continuities between Weimar's ideological debates and those of our own age.

(In German.) The book addresses Rawls's post-1985 political liberalism. His justification of political liberalism -- as reflected in his arguments from overlapping consensus -- faces the problem that liberal content can be justified as reciprocally acceptable only if the addressees of such a justification already endorse points of view that suitably support liberal ideas. Rawls responds to this legitimacy-theoretical problem by restricting public justification's scope to include reasonable people only, while implicitly defining reasonableness as a substantive liberal virtue. But this virtue-ethical grounding of political liberalism is itself unreasonable. The phenomenon of disharmony of practical reason gives the reasonable reasons to take it that political legitimacy does not obtain if and where moral-political principles are acceptable from their point of view only.

Three interlocking features appear to underpin Rawls’s justification of political compliance within the context of political liberalism: namely, a specific territory; a specific society; and a specific conception of what it is to be reasonable. When any one feature is subject to critical examination, while presupposing that the other two are acceptable, Rawls’s argument for political compliance may seem persuasive. But when all three features are critically examined together, his justification of political compliance within political liberalism can be seen to lack cogency. Thus, political compliance fails to be justified by a free-standing political liberalism. Key Words: philosophical anarchism • political duties • political liberalism • political obligation • Rawls.