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Gerald Gaus [48]Gerald F. Gaus [40]
  1. Gerald Gaus, Liberal Neutrality: A Compelling and Radical Principle.
    Compared to other debates in contemporary political philosophy, the light-to-heat ratio of discussions of neutrality has been somewhat dismal. Although most political philosophers seem to know whether they are for it or against it, there is considerable confusion about what “it” is. To be sure, some of this ambiguity has been noted, and at least partially dealt with, in the literature. Neutrality understood as a constraint on the sorts of reasons that may be advanced to justify state action is regularly (...)
     
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  2. Gerald Gaus, Respect for Persons and the Evolution of Morality.
    Let me begin with a stylized contrast between two ways of thinking about morality. On the one hand, morality can be understood as the dictate of, or uncovered by, impartial reason. That which is (truly) moral must be capable of being verified by everyone’s reasoning from a suitably impartial perspective. If we are to respect the free and equal nature of each person, each must (in some sense) rationally validate the requirements of morality. If we take this view, the genuine (...)
     
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  3. Gerald Gaus, Social Complexity and Evolved Moral Principles.
    A central theme in F. A. Hayek’s work is the contrast between principles and expediency, and the insistence that governments follow abstract general principles rather than pursue apparently expedient social and economic policies that seek to make us better off.2 This is a radical and striking thesis, especially from an economist: governments should abjure the pursuit of social and economic policies that aim to improve welfare and, instead, adhere to moral principles. In this chapter I defend this radical claim. I (...)
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  4. Gerald Gaus, State Neutrality and Controversial Values in On Liberty.
    In an important essay Charles Larmore tells us that Kant and Mill sought to justify the principle of political neutrality by appealing to ideals of autonomy and individuality. By remaining neutral with regard to controversial views of the good life, constitutional principles will express, according to them, what ought to be of supreme value throughout the whole of our life.1 On Larmore’s influential reading, Mill defended what we might call first-level neutrality: Millian principles determining justified legal (and, we might add, (...)
     
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  5. Gerald Gaus, The Diversity of Comprehensive Liberalisms.
    The distinction between ‘comprehensive’ and ‘political’ liberalisms, explored in the previous chapter, has become central to contemporary political theory. My aim in this chapter is to examine various ‘comprehensive’ liberalisms, with particular care to identifying in what sense they are comprehensive. As I have argued elsewhere (Gaus, 2003: chap. 7), the distinction between political and comprehensive liberalisms is elusive. Rawls repeatedly describes as ‘comprehensive’ ‘philosophical’, ‘moral’ and ‘religious’ ‘doctrines’ (1996: xxv, 4, 36, 38, 160) or ‘beliefs’ (1996: 63). Indeed, so (...)
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  6. Gerald Gaus, The Evolution of Society and Mind: Hayek's System of Ideas.
    As a rule, Hayek has not been treated kindly by scholars. One would expect that a political theorist and economist of his stature would be charitably, if not sympathetically, read by commentators; instead, Hayek often elicits harsh dismissals. This is especially true of his fundamental ideas about the evolution of society and reason. A reader will find influential discussions in which his analysis is described as “dogmatic,” “unsophisticated,” and “crude.” In this chapter I propose to take a fresh start, sketching (...)
     
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  7. Gerald Gaus, The Legal Coordination Game.
    Jeremy Waldron tells us that “the felt need among members of a certain group for a common framework or decision or course of action on some matter, even in the face of disagreement about what the framework, decision or action should be, are the circumstances of politics.”2 Political authority and the law, Waldron insists, presuppose the circumstances of politics. We reasonably disagree not only about conceptions of the good life and value, but about justice and the common good. However, because (...)
     
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  8. Gerald Gaus, The Place of Autonomy Within Liberalism.
    My concern in this chapter is the place of autonomy within liberalism, understood as a public morality.1 To what extent is liberal morality necessarily committed to some doctrine of autonomy, and what is the nature of this doctrine? I begin (§2) by briefly explicating my understanding of liberalism, which is based the fundamental liberal principle—that all interferences with action stand in need of justification. Section 3 then defends my first core claim: given a certain compelling view of the nature of (...)
     
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  9. Gerald Gaus, The Place of Religious Belief in Public Reason Liberalism.
    In the few decades a new conception of liberalism has arisen—the “public reason view” — which developed out of contractualist approaches to justifying liberalism. The social contract theories of Hobbes, Locke and Rousseau all stressed that the justification of the state depended on showing that everyone would, in some way, consent to it. By relying on consent, social contract theory seemed to suppose a voluntarist conception of political justice: what is just depends on what people choose to agree to — (...)
     
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  10. Gerald Gaus, Taking the Bad with the Good: Some Misplaced Worries About Pure Retribution.
    ∗ This paper has been presented to the Philosophy Departments of Tulane University and the University of Arizona and, originally, to the 1999 Sociedad Filosofica Ibero Americana (SOFIA) Conference on Legal and Political Philosophy, in Mazatlan, Mexico. I am most thankful to all the participants. I am especially grateful for discussions with Julia Annes, Tom Christiano, Eric Mack, Geoff Sayre-McCord, David Schmidtz and Michael Smith.
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  11. Gerald Gaus, What is Deontology?, Part Two: Reasons to Act Gerald F. Gaus.
    Part One of this essay considered familiar ways of characterizing deontology, which focus on the notions of the good and the right. Here we will take up alternative approaches, which stress the type of reasons for actions that are generated by deontological theories. Although some of these alternative conceptualizations of deontology also employ a distinction between the good and the right, all mark the basic contrast between deontology and teleology in terms of reasons to act.
     
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  12. Gerald Gaus, What is Deontology?, Part One: Orthodox Viewsa Gerald F. Gaus.
    Current moral philosophy is often seen as essentially a debate between the two great traditions of consequentialism and deontology. Although there has been considerable work clarifying consequentialism, deontology is more often attacked or defended than analyzed. Just how we are to understand the very idea of a deontological ethic? We shall see that competing conceptions of deontology have been advanced in recent ethical thinking, leading to differences in classifying ethical theories. If we do not focus on implausible versions, the idea (...)
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  13. Fred D’Agostino & Gerald F. Gaus (forthcoming). Introduction. Public Reason.
     
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  14. Gerald Gaus (forthcoming). On Being Inside Social Morality and Seeing It. Criminal Law and Philosophy:1-13.
    Eric Mack’s “Inside Public Reason” is thorough and fair-minded review of The Order of Public Reason. My deep thanks to him for his insights, as well as his judiciousness. In these remarks I cannot take up all the important matters he raises; in particular I put aside two important issues—the analysis of the political and discussion of how contingent social processes play a fundamental role in public justification (Fred D’Agostino focuses on this second feature of The Order of Public Reason (...)
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  15. Gerald Gaus (forthcoming). Review of Religious Convictions in Liberal Politics, by Christopher Eberle. [REVIEW] Notre Dame Philosophical Reviews.
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  16. Gerald Gaus & D. Shane (forthcoming). Courtland. 2011. Liberalism. Stanford Encyclopedia of Philosophy.
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  17. Gerald Gaus & D. Shane (forthcoming). Courtland." Liberalism.". Stanford Encyclopedia of Philosophy.
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  18. Gerald Gaus (2013). Arrow's Theorem. In Hugh LaFollette (ed.), The International Encyclopedia of Ethics. Wiley-Blackwell.
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  19. Gerald Gaus (2013). The Good, the Bad, and the Ugly: Three Agent-Type Challenges to The Order of Public Reason. Philosophical Studies:1-15.
    In this issue of Philosophical Studies, Richard Arneson, Jonathan Quong and Robert Talisse contribute papers discussing The Order of Public Reason (OPR). All press what I call “agent-type challenges” to the project of OPR. In different ways they all focus on a type (or types) of moral (or sometimes not-so-moral) agent. Arneson presents a good person who is so concerned with doing the best thing she does not truly endorse social morality; Quong a bad person who rejects it and violates (...)
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  20. Gerald Gaus (2012). Constructivist and Ecological Modeling of Group Rationality. Episteme 9 (3):245-254.
    These brief remarks highlight three aspects of Christian List and Philip Pettit's Group Agency: The Possibility, Design, and Status of Corporate Agents that illustrate its constructivist nature: (i) its stress on the discursive dilemma as a primary challenge to group rationality and reasoning; (ii) its general though qualified support for premise-based decision-making as the preferred way to cope with the problems of judgment aggregation; and (iii) its account of rational agency and moral responsibility. The essay contrasts List and Pettit's constructivist (...)
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  21. Gerald Gaus (2012). Justification, Choice and Promise: Three Devices of the Consent Tradition in a Diverse Society. Critical Review of International Social and Political Philosophy 15 (2):109-127.
    The twin ideas at the heart of the social contract tradition are that persons are naturally free and equal, and that genuine political obligations must in some way be based on the consent of those obligated. The Lockean tradition has held that consent must be in the form of explicit choice; Kantian contractualism has insisted on consent as rational endorsement. In this paper I seek to bring the Kantian and Lockean contract traditions together. Kantian rational justification and actual choice are (...)
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  22. Gerald F. Gaus & Fred D'Agostino (eds.) (2012). The Routledge Companion to Social and Political Philosophy. Routledge.
    The Routledge Companion to Social and Political Philosophy is a comprehensive, definitive reference work, providing an up-to-date survey of the field, charting its history and key figures and movements, and addressing enduring questions as ...
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  23. David Copp, Gerald Gaus, Henry S. Richardson, William A. Edmundson, David Estlund & Edward Slingerland (2011). 10. Larry May, Genocide: A Normative Account Larry May, Genocide: A Normative Account (Pp. 465-469). Ethics 121 (2).
     
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  24. Fred D'Agostino, John Thrasher & Gerald Gaus, Contemporary Approaches to the Social Contract. Stanford Encyclopedia of Philosophy.
  25. Gerald Gaus (2011). A Tale of Two Sets: Public Reason in Equilibrium. Public Affairs Quarterly 25:305-25.
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  26. Gerald Gaus (2011). On Seeking the Truth (Whatever That Is) Through Democracy: Estlund's Case for the Qualified Epistemic Claim. Ethics 121 (2):270-300.
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  27. Gerald Gaus (2011). The Property Equilibrium in a Liberal Social Order (or How to Correct Our Moral Vision). Social Philosophy and Policy 28 (2):74-101.
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  28. Gerald Gaus (2011). Weithman , Paul . Why Political Liberalism? On John Rawls's Political Turn . New York: Oxford University Press, 2011. Pp. Xii+379. $65.00 (Cloth). [REVIEW] Ethics 122 (1):220-224.
  29. Jonathan R. Cohen, All-Too-Human Human, Zdenek V. David, John Deely, Thomas Dixon, Geoffrey Cantor, Stephen Pumfrey, Christi Favor, Gerald Gaus & Julian Lamont (2010). Alexandrescu, Vlad, Editor. Branching Off: The Early Moderns in Quest for the Unity of Knowledge. Bucharest: Zeta Books, 2009. Pp. 409. Paper,£ 19.16. Alexandrescu, Vlad, and Robert Theis, Editors. Nature Et Surnaturel: Philosophies de la Nature Et Métaphy-Sique aux XVIe-XVIIIe Siècles. Europaea Memoria I, 79. Hildesheim-Zürich-New York: Georg Olms, 2010. Pp. 199. Paper,€ 34.80. [REVIEW] Journal of the History of Philosophy 48 (4):541-44.
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  30. Christi Favor, Gerald F. Gaus & Julian Lamont (eds.) (2010). Essays on Philosophy, Politics & Economics: Integration & Common Research Projects. Stanford Economics and Finance.
    "Essays on Philosophy, Politics, & Economics" offers a critical examination of economic, philosophical, and political notions, with an eye towards working ...
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  31. Gerald Gaus (2010). Coercion, Ownership, and the Redistributive State: Justificatory Liberalism's Classical Tilt. Social Philosophy and Policy 27 (01):233-.
    Justificatory liberalism1 rests on a conception of members of the public as free and equal. To say that each is free implies that each has a fundamental claim to act as she sees fit on the basis of her own reasoning. To say that each is equal is to insist that members of the public are symmetrically placed insofar as no one has a natural right to command others, nor does anyone have a natural duty to defer to the reasoning (...)
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  32. Gerald Gaus (2010). On Two Critics of Justificatory Liberalism: A Response to Wall and Lister. Politics, Philosophy and Economics 9 (2):177-212.
    In replying to Steven Wall’s and Andrew Lister’s thoughtful essays on my account of justificatory liberalism in this issue, I respond to many of their specific criticisms while taking the opportunity to explicate the foundations of justificatory liberalism. Justificatory liberalism takes seriously the moral requirement to justify all claims of authority over others, as well as all coercive interferences with their lives. If we do so, although we are by no means committed to libertarianism, we find that that many of (...)
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  33. Gerald Gaus (2010). The Idea and Ideal of Capitalism. In George G. Brenkert & Tom L. Beauchamp (eds.), The Oxford Handbook of Business Ethics. Oxford University Press.
    Consider a stylized contrast between medical and business ethics. Both fields of applied ethics focus on a profession whose activities are basic to human welfare. Both enquire into obligations of professionals, and the relations between goals intrinsic to the profession and ethical duties to others and to the society. I am struck, however, by a fundamental difference: whereas medical ethics takes place against a background of almost universal consensus that the practice of medicine is admirable and morally praiseworthy, the business (...)
     
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  34. Gerald F. Gaus (2010). The Demands of Impartiality and the Evolution of Morality. In Brian Feltham & John Cottingham (eds.), Partiality and Impartiality: Morality, Special Relationships, and the Wider World. Oup Oxford.
     
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  35. Gerald F. Gaus (2010). The Limits of Homo Economicus : The Conflict of Values and Principles. In Christi Favor, Gerald F. Gaus & Julian Lamont (eds.), Essays on Philosophy, Politics & Economics: Integration & Common Research Projects. Stanford Economics and Finance.
     
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  36. Gerald F. Gaus (2010). The Order of Public Reason: A Theory of Freedom and Morality in a Diverse and Bounded World. Cambridge University Press.
    Machine generated contents note: 1. The fundamental problem; Part I. Social Order and Social Morality: 2. The failure of instrumentalism; 3. Social morality as the sphere of rules; 4. Emotion and reason in social morality; Part II. Real Public Reason: 5. The justificatory problem and the deliberative model; 6. The rights of the moderns; 7. Moral equilibrium and moral freedom; 8. The moral and political orders; Appendix A. The plurality of morality; Appendix B. Mozick's attempt to solve the prisoner's dilemma; (...)
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  37. Gerald Gaus, Julian Lamont & Christi Favor (eds.) (2010). ESSAYS ON PHILOSOPHY, POLITICS & ECONOMIC: INTEGRATION AND COMMON RESEARCH PROJECTS. Stanford University Press.
    Essays on Philosophy, Politics, & Economics offers a critical examination of economic, philosophical, and political notions, with an eye towards working across all three, so that students and scholars from can expand their perspectives as ...
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  38. Gerald Gaus (2009). Is the Public Incompetent? Compared to Whom? About What? Critical Review 20 (3):291-311.
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  39. Gerald Gaus (2009). Recognized Rights as Devices of Public Reason. Philosophical Perspectives 23 (1):111-136.
    My concern in this essay is a family of liberal theories that I shall call “public reason liberalism,” which arose out of the social contract theories of Hobbes, Locke and Rousseau. These social contract accounts stressed that the justification of the state depended on showing that everyone would, in some way, consent to it. However, by relying on consent, social contract theory seemed to suppose a voluntarist conception of political obligation and authority: I am only bound by political authority if (...)
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  40. Gerald F. Gaus (2009). Public Justification and Democratic Adjudication. In Matt Zwolinski (ed.), Arguing About Political Philosophy. Routledge. 106--122.
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  41. Gerald F. Gaus (2009). The Moral Foundations of Liberal Neutrality. In Thomas Christiano & John Philip Christman (eds.), Contemporary Debates in Political Philosophy. Wiley-Blackwell. 91--2.
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  42. Gerald Gaus & Kevin Vallier (2009). The Roles of Religious Conviction in a Publicly Justified Polity: The Implications of Convergence, Asymmetry and Political Institutions. Philosophy and Social Criticism 35 (1-2):51-76.
    Our concern in this essay are the roles of religious conviction in what we call a “publicly justified polity” — one in which the laws conform to the Principle of Public Justification, according to which (in a sense that will become clearer) each citizen must have conclusive reason to accept each law as binding. According to “justificatory liberalism,”1 this public justification requirement follows from the core liberal commitment of respect for the freedom and equality of all citizens.2 To respect each (...)
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  43. Gerald Gaus, Liberalism. Stanford Encyclopedia of Philosophy.
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  44. Gerald Gaus (2008). Reasonable Utility Functions and Playing the Cooperative Way. Critical Review of International Social and Political Philosophy 11 (2):215-234.
    In this essay I dispute the widely held view that utility theory and decision theory are formalizations of instrumental rationality. I show that the decision theoretic framework has no deep problems accommodating the ?reasonable? qua a preference to engage in fair cooperation as such. All evaluative criteria relevant to choice can be built into a von Neumann?Morgenstern utility function. I focus on the claim that, while rational choice?driven agents are caught in the Pareto?inferior outcome, reasonable agents could ?solve? the PD (...)
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  45. Gerald Gaus (2008). The (Severe) Limits of Deliberative Democracy as the Basis for Political Choice. Theoria 55 (117):26-53.
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  46. Gerald F. Gaus (2007). On Justifying the Moral Rights of the Moderns: A Case of Old Wine in New Bottles. Social Philosophy and Policy 24 (1):84-119.
    In this essay I sketch a philosophical argument for classical liberalism based on the requirements of public reason. I argue that we can develop a philosophical liberalism that, unlike so much recent philosophy, takes existing social facts and mores seriously while, at the same time, retaining the critical edge characteristic of the liberal tradition. I argue that once we develop such an account, we are led toward a vindication of “old” (qua classical) liberal morality—what Benjamin Constant called the “liberties of (...)
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  47. Gerald Gaus (2006). The Rights Recognition Thesis : Defending and Extending Green. In Maria Dimova-Cookson & W. J. Mander (eds.), T.H. Green: Ethics, Metaphysics, and Political Philosophy. Oxford University Press.
    In his Lectures on the Principles of Political Obligation, T. H. Green characterizes a right as ‘a power claimed and recognized as contributory to a common good’ (LPPO §99). Scholars such as Rex Martin have noted that Green’s characterization of a right has multiple elements: it includes social recognition and the common good,1 as well as the idea of a power. More formally, it seems that Green wants to say that R is a right if and only if R is (...)
     
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  48. Gerald Gaus (2005). Should Philosophers 'Apply Ethics'? Think 3 (9):63-68.
    By , do philosophers actually succeed in corrupting philosophy?
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  49. Gerald F. Gaus (2005). Louis Kaplow and Steven Shavell, Fairness Versus Welfare (Cambridge, MA: Harvard University Press, 2002), Pp. XXII + 544. Utilitas 17 (2):233-236.
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  50. Gerald F. Gaus (2004). Andrew Reeve and Andrew Williams, Eds., Real Libertarianism Assessed: Political Theory After Van Parijs:Real Libertarianism Assessed: Political Theory After Van Parijs. Ethics 114 (4):830-836.
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