Includes bibliographical references and index.

It is often claimed that liberalism is falsely and perniciously universalist. I take this charge seriously, exploring three positions: the communitarians’, Rorty’s, and that of “comprehensive” liberalism. After explaining why universalism is thought impossible, I examine the communitarian view that value is determined within communities and argue that it results in a form of relativism that is unacceptable. I next discuss Richard Rorty’s liberal acceptance of “conventionalism” and explain how, despite his rejection of universalism, Rorty remains a liberal. I then (...) present a defense of universalism, based in part on arguments that parallel Thomas Nagel’s arguments in defense of a “view from nowhere” and Jean Hampton’s objectivist arguments against Rawls’s moves to a “merely political” theory. That defense requires that we can distance ourselves from our ends to make moral judgments shorn of all partialities. (shrink)

Populism and Civil Society: The Challenge to Democratic Constitutionalism (2022) by Andrew Arato and Jean Cohen is an important book that addresses a widespread and ominous phenomenon around the world: The challenge of populism. This book forms a symposium by renowned authors which gathers commentaries on Arato and Cohen’s book. From different points of view, comments, suggestions and queries are put forward, to which the authors respond. The authors’ illuminating rejoinders not only present some (...) of their arguments in a new light but also arrive at a clarifying interpretation of their approach. (shrink)

I will critically explore Arato and Cohen’s work on populism acknowledging areas of agreement while noting gaps in their reasoning particularly regarding the complex relations between capitalism and democracy and the recent erosion of democracy replacing it with authoritarian regimes that are better suited for neoliberal policies.

In this paper, I defend what may seem a surprising view: that John Stuart Mill’s famous harm principle would, if taken to be what justifies government action, disallow the existence of corporations. My claim is not that harmful activities of currently existing corporations warrants their losing corporate status according to the harm principle. The claim, rather, is that taken strictly, the harm principle and the legal possibility of incorporation are mutually exclusive. This view may be surprising—and I do not at (...) all mean to attribute it to Mill—but if I am right, it should be obvious. It should also encourage us to think more about the nature of the markets within which business occurs. (shrink)

Ende Oktober 2014 organisierte das Martin-Heidegger-Institut in Wuppertal die erste internationale Tagung uber Heideggers "Schwarze Hefte" in Deutschland. Im Fruhjahr desselben Jahres hatte die Veroffentlichung der "Uberlegungen," der ersten Reihe der "Schwarzen Hefte," gezeigt, dass Heidegger zwischen 1938 und 1941 in seinen Aufzeichnungen antisemitische Gedanken auftreten lasst. Es war und ist die Frage, welche Motive den Philosophen dabei leiteten. Wie sind jene Ausserungen zu verstehen? Wie weit betreffen sie Heideggers Denken uberhaupt? Der Band versammelt die Resultate dieser Tagung. Er enthalt (...) Aufsatze von Jean-Luc Nancy, Donatella Di Cesare, Francoise Dastur, Danielle Cohen-Levinas u.a. (shrink)

I defend a neo-Kantian view wherein we are capable of being completely autonomous and impartial and argue that this ability can ground normativity. As this view includes an existentialist conception of the self, I defend radical choice, a primary component of that conception, against arguments many take to be definitive. I call the ability to use radical choice “existentialist voluntarism” and bring it into a current debate in normative philosophy, arguing that it allows that we can be distanced from all (...) ends at once so as to be completely impartial. Finally, I indicate how this can be the source of normativity as it provides a purely impartial reason for being rational. (shrink)

A review of the anthology, Feminist Interpretations of Ayn Rand.

Many social scientists think of exchange in terms far broader than philosophers. I defend the broader use of the term as well as the claim that meaningful human relationships are usefully understood as constituted by exchanges. I argue, though, that we must recognize that a great number of non-monetary and non-material goods are part of our daily lives and exchanges. Particularly important are emotional goods. I defend my view against the important objection that it demeans intimate relationships. As an addendum, (...) I also defend it against claims that economics cannot study such exchanges. (shrink)

Contemporary philosophical debates surrounding toleration have revolved around three issues: What is toleration? Should we tolerate and, if so, why? What should be tolerated? These questions are of central importance to social and political thought.

Attempting to settle various debates from recent literature regarding its precise nature, I offer a detailed conceptual analysis of toleration. I begin by isolating toleration from other notions; this provides us some guidance by introducing the eight definitional conditions of toleration that I then explicate and defend. Together, these eight conditions indicate that toleration is an agent’s intentional and principled refraining from interfering with an opposed other (or their behavior, etc.) in situations of diversity, where the agent believes she has (...) the power to interfere. This non-normative definition can serve as a preliminary to normative discussions of toleration. (shrink)

This book argues that justice often governs apologies. Drawing on examples from literature, politics, and current events, Cohen presents a theory of apology as corrective offers. Many leading accounts of apology say much about what apologies do and why they are important. They stop short of exploring whether and how justice governs apologies. Cohen argues that corrective justice may require apologies as offers of reparation. Individuals, corporations, and states may then have rights or duties regarding apology. Exercising rights (...) to apology or fulfilling duties to provide them are ways of holding one another mutually accountable. By casting rights and duties of apology as justifiable to free and equal persons, the book advances conversations about how liberalism may respond to historic injustice. Apologies and Moral Repair will be of interest to scholars and advanced students in ethics, political philosophy, and social philosophy. (shrink)

In this engaging and comprehensive introduction to the topic of toleration, Andrew Jason Cohen seeks to answer fundamental questions, such as: What is toleration? What should be tolerated? Why is toleration important? Beginning with some key insights into what we mean by toleration, Cohen goes on to investigate what should be tolerated and why. We should not be free to do everythingÑmurder, rape, and theft, for clear examples, should not be tolerated. But should we be free to (...) take drugs, hire a prostitute, or kill ourselves? Should our governments outlaw such activities or tolerate them? Should they tolerate “outsourcing” of jobs or importing of goods or put embargos on other countries? Cohen examines these difficult questions, among others, and argues that we should look to principles of toleration to guide our answers. These principles tell us when limiting freedom is acceptableÑthat is, they indicate the proper limits of toleration. Cohen deftly explains the main principles on offer and indicates why one of these stands out from the rest. This wide-ranging new book on an important topic will be essential reading for students taking courses in philosophy, political science and religious studies. (shrink)

This paper considers the relation of corrective to distributive justice. I discuss the shortfalls of one sort of account that holds these are independent domains of justice. To support a more modest claim that these are sometimes independent domains of justice, I focus instead on the case of apologies. Apologies are sometimes among the measures specified by corrective justice. I argue that the sorts of injustices that apologies can help to correct need not always be departures from ideals specified by (...) distributive justice. Apologies and the moral relations they engage might thus be parts of a domain of justice that is neither distributive nor dependent on distributive justice. (shrink)

abstract Contractarianism roots moral standing in an agreement among rational agents in the circumstances of justice. Critics have argued that the theory must exclude nonhuman animals from the protection of justice. I argue that contractarianism can consistently accommodate the notion that nonhuman animals are owed direct moral consideration. They can acquire their moral status indirectly, but their claims to justice can be as stringent as those among able‐bodied rational adult humans. Any remaining criticisms of contractarianism likely rest on a disputable (...) moral realism; contractarianism can underwrite the direct moral considerability of nonhuman animals by appealing to a projectivist quasi‐realism. (shrink)

Early in the history of liberalism, its most important proponents were concerned with freedom of religion. As polities and individuals now accept a dizzying array of religions, this has receded to the background for most theorists. It nonetheless remains a concern. Freedom of speech is a similar concern and very much in the foreground for theorists looking at the current state of academia. In this essay, I argue that inappropriate limits to freedom of religion and inappropriate limits to freedom of (...) speech—especially in the form of de-platforming on college campuses—both have, as one of their effects, what I call harms of silence. This means we ought not have those limits, so should seek to change them where they exist. (shrink)

In this paper I look at three versions of the charge that liberalism’s emphasis on individuals is detrimental to community—that it encourages a pernicious disregard of others by fostering a particular understanding of the individual and the relation she has with her society. According to that understanding, individuals are fundamentally independent entities who only enter into relations by choice and society is seen as nothing more than a venture voluntarily entered into in order to better oneself. Communitarian critics argue that (...) since liberals neglect the degree to which individuals are dependent upon their society for their self-understanding and understanding of the good, they encourage individuals to maintain a personal distance from others in their society. The detrimental effect this distancing is said to have on communities is often called “asocial individualism” or “asocialism.” I argue that all three versions of the charge fail against liberalism and that liberalism—with its insistence on the normative import of individuals—is not detrimental to communities, but can actually foster strong communities. (shrink)

Although a great deal of literature has looked at how individuals respond to stigma, far less has been written about how professional groups address challenges to their self-perception as abiding by clear moral standards. In this paper, we ask how professional group members maintain a positive self-perception in the face of moral stigma. Drawing on pragmatic and cultural sociology, we claim that professional communities hold narratives that link various aspects of the work their members perform with specific understanding of the (...) common good. These narratives allow professionals to maintain a shared view of their work as benefitting society and to perceive themselves as moral individuals. As a case study, we focus on the advertising industry, which has long been stigmatized as complicit in exploitative capitalist mechanisms and cultural degradation. We draw on nine total months of fieldwork and seventy-four interviews across three US advertising agencies. We find that advertising practitioners use narratives to present their work as contributing to the common good, depicting themselves as moral individuals who care about others in the process. We analyze three prevalent narratives: the account-driven narrative, which links moral virtue to caring for clients; the creative-driven narrative, which ties caring to the production of meaningful advertisements; and the strategic-driven narrative, which sees caring in finding meaningful relationships for consumers and brands. (shrink)

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 (...) members of the group. Finally, it is argued that toleration excludes external protections of minority groups. (shrink)

Hugh LaFollette proposed parental licensing in 1980 (and 2010)--not as a requirement for pregnancy, but for raising a child. If you have a baby, are not licensed, and do not get licensed, the baby would be put up for adoption. Despite the intervention required in an extremely personal area of life, I argue that those who endorse the harm principle ought to endorse parental licensing of this sort. Put differently, I show how the harm principle strengthens the case for parental (...) licensing. (shrink)

Toleration matters to us all. It contributes both to individuals leading good lives and to societies that are simultaneously efficient and just. There are personal and social matters that would be improved by taking toleration to be a fundamental value. This book develops and defends a full account of toleration—what it is, why and when it matters, and how it should be manifested in a just society. Cohen defends a normative principle of toleration grounded in a new conception of (...) freedom as freedom from harm. He goes on to argue that the moral limits of toleration have been reached only when freedom from harm is impinged. These arguments provide support for extensive toleration of a wide range of individual, familial, religious, cultural, and market activities. _Toleration Matters_ will be of interest to political philosophers and theorists, legal scholars, and those interested in matters of social justice. (shrink)

In this essay I describe how contractarianism might approach interspecies welfare conflicts. I start by discussing a contractarian account of the moral status of nonhuman animals. I argue that contractors can agree to norms that would acknowledge the “moral standing” of some animals. I then discuss how the norms emerging from contractarian agreement might constrain any comparison of welfare between humans and animals. Contractarian agreement is likely to express some partiality to humans in a way that discounts the welfare of (...) some or all animals. While the norms emerging from the contract might be silent or inconsistent in some tragic or catastrophic cases, in most ordinary conflicts of welfare, contractors will agree to norms that produce some determinate resolution. What the agreement says can evolve depending upon how the contractors or the circumstances change. I close with some remarks on contractarian indeterminacy. (shrink)

Critics of liberalism in the past two decades have argued that the fact that we are necessarily "situated" or "embedded" means that we can not always choose our own ends (for example, our conceptions of the good or our loyalties to others). Some suggest that we simply discover ourselves with these "connections." If correct, this would argue against (Rawlsian) hypothetical contract models and liberalism more broadly, make true impartiality impossible, and give support to traditionalist views like those of Alasdair MacIntyre, (...) Charles Taylor, and Michael Sandel. These same critics argue that liberalism's rejection or neglect of this supposed fact of our moral life has pernicious anti-social affects. I argue that the critics are wrong in both cases, defending what I call "strong voluntarism." In contrast both to recent critics of liberalism and the dominant trend in recent liberal thought, my defense of strong voluntarism allows that we can always choose to accept or reject any end we happen to have but that this does not lead to any pernicious anti-social effects. (shrink)

Contemporary Debates in Applied Ethics features pairs of newly commissioned essays by some of the leading theorists working in the field today. Brings together fresh debates on eleven of the most controversial issues in applied ethics Topics addressed include abortion, affirmative action, animals, capital punishment, cloning, euthanasia, immigration, pornography, privacy in civil society, values in nature, and world hunger. Lively debate format sharply defines the issues, and paves the way for further discussion. Will serve as an accessible introduction to the (...) major topics in applied ethics, whilst also capturing the imagination of professional philosophers. (shrink)

When ethics committees are consulted about patients who have or need court-appointed guardians, they lack empirical evidence about several common issues, including the relationship between guardianship and prolonged, potentially medically unnecessary hospitalizations for patients. To provide information about this issue, we conducted quantitative and qualitative analyses using a retrospective cohort from Veterans Healthcare Administration. To examine the relationship between guardianship appointment and hospital length of stay, we first compared 116 persons hospitalized prior to guardianship appointment to a comparison group (n (...) = 348) 3:1 matched for age, diagnosis, date of admission, and comorbidity. We then compared 91 persons hospitalized in the year following guardianship appointment to a second matched comparison group (n = 273). Mean length of stay was 30.75 days (SD = 46.70) amongst those admitted prior to guardianship, which was higher than the comparison group (M = 7.74, SD = 9.71, F = 20.75, p. (shrink)

Communitarians like Alasdair MacIntyre, Charles Taylor, and Michael Sandel, defend what we may call the ‘social constitution thesis.’ This is the view that participation in society makes us what we are. This claim, however, is ambiguous. In an attempt to shed some light on it and to better understand the impact its truth would have on our beliefs regarding autonomy, I offer four possible ways it could be understood and four corresponding senses of individual independence and autonomy. I also indicate (...) what senses liberals can accept that we are socially constituted and in what sense I take communitarians to argue we are socially constituted. (shrink)

What makes a policy work? What should policies attempt to do, and what ought they not do? These questions are at the heart of both policy-making and ethics. Philosophy, Ethics and Public Policy: An Introduction examines these questions and more. Andrew I. Cohen uses contemporary examples and controversies, mainly drawn from policy in a North American context, to illustrate important flashpoints in ethics and public policy, such as: public policy and globalization: sweatshops; medicine and the developing world; immigration (...) marriage, family and education: same-sex marriage; women and the family; education and Intelligent Design justifying and responding to state coercion: torture; reparations and restorative justice the ethics of the body and commodification: the human organ trade, and factory farming of animals. Each chapter illustrates how ethics offers ways of prioritizing some policy alternatives and imagining new ones. Reflecting on various themes in globalization, markets, and privacy, the chapters are windows to enduring significant debates about what states may do to shape our behavior. Overall, the book will help readers understand how ethics can frame policymaking, while also suggesting that sometimes the best policy is no policy. Including annotated further reading, this is an excellent introduction to a fast-growing subject for students in Philosophy, Public Policy, and related disciplines. (shrink)

This paper highlights areas of concern in the assessment of pragmatics, with the intent of stimulating fresh thinking about the assessment of pragmatics both for research purposes and as a part of classroom instruction. It starts by considering what aspects of ability in pragmatics to assess, and then contrasts the trade-off between the feasibility of obtaining data and the ultimate importance of the data. Next, the conspicuous lack of assessment of ability in L2 pragmatics in language classes is noted. Then (...) follow sections on topics all relating primarily to the assessment of pragmatics for research purposes – the use of mixed methods, data elicitation procedures, and norms used in determining the appropriateness of any given performance in pragmatics. The last two topics deal, respectively, with the perceived relevance of the given assessment by the learners and with the value of collecting verbal report data from the respondents as a means for validating the assessment measures. Finally, considerations regarding the most prominent of these issues are provided. (shrink)

This paper argues against an individualist challenge to the possibility of corporate apologies. According to this challenge, corporations always and only act through their members; thus they are not the sorts of entities that can apologize. Consequently there can be no corporate apologies. Against this challenge, this paper argues that even if corporate acts can be analyzed as acts by individuals within certain relationships, there can still be corporate apologies. This paper offers a noneliminative individualist account of such apologies. The (...) paper also responds to various substantive objections to the possibility of such apologies. (shrink)

We explain libertarian thought about family and children, including controversial issues in need of serious attention. To begin our discussion of marriage, we distinguish between procedural and substantive contractarian approaches to marriage, each endorsed by various libertarians. Advocates of both approaches agree that it is a contract that makes a marriage, not a license, but disagree about whether there are moral limits to the substance of the contract with only advocates of the substantive approach accepting such. Either approach, though, offers (...) advantages over the current licensing system, so we discuss paths from that to a contractarian system. We also discuss the concept of marriage itself, the ages of consent for marriage, sexual activity, and reproduction, as well as how marriages can be dissolved, and coercion that sometimes occurs in marriage. We then turn to children. We first discuss reproductive freedom and then discuss the moral relationship between children and parents, especially considering stewardship, propertarian, and best interests approaches (we also touch on anti-natalism). One of the biggest issues facing parents is how to properly raise and educate children; we discuss this in depth and consider the sort of schooling that should be offered in a free society. Since children lack the requisite ability to consent, they cannot choose their education; how to respond to this is of the utmost importance for libertarians. As we note, the same issue of consent looms large for many forms medical treatment of children. (shrink)

We explain libertarian thought about family and children, including controversial issues in need of serious attention. To begin our discussion of marriage, we distinguish between procedural and substantive contractarian approaches to marriage, each endorsed by various libertarians. Advocates of both approaches agree that it is a contract that makes a marriage, not a license, but disagree about whether there are moral limits to the substance of the contract with only advocates of the substantive approach accepting such. Either approach, though, offers (...) advantages over the current licensing system, so we discuss paths from that to a contractarian system. We also discuss the concept of marriage itself, the ages of consent for marriage, sexual activity, and reproduction, as well as how marriages can be dissolved, and coercion that sometimes occurs in marriage. We then turn to children. We first discuss reproductive freedom and then discuss the moral relationship between children and parents, especially considering stewardship, propertarian, and best interests approaches (we also touch on anti-natalism). One of the biggest issues facing parents is how to properly raise and educate children; we discuss this in depth and consider the sort of schooling that should be offered in a free society. Since children lack the requisite ability to consent, they cannot choose their education; how to respond to this is of the utmost importance for libertarians. As we note, the same issue of consent looms large for many forms medical treatment of children. (shrink)

The article criticizes arguments by Henry Shue, Cass Sunstein, and Stephen Holmes that rights entail enforceable positive duties.

Liberalism, historically, is closely associated with increased toleration, so it is unsurprising that a variety of contemporary authors (Hampton, Kukathas, Barry, Ten) consider toleration to be “the substantive heart of liberalism” (Hampton 1989, 802). The precise role of toleration in liberalism, though, is unclear; different liberals have different views. In this essay, I will discuss three sorts of liberal theories and indicate how they approach questions of toleration, arguing that one of them supports toleration of more sorts of activities (including (...) speech acts and lifestyles) than the others. While I think this is reason to favor that sort of theory, I will not defend that claim. Some reasonably think (and defend the view) that though toleration is of value, its limits should be drawn more narrowly. (shrink)

This book provides rigorous but accessible scholarship, ideal for students in philosophy and public policy. It includes twelve original essays by world-renowned scholars, each examining a key topic in philosophy and public policy and demonstrating how policy debates can be advanced by employing the tools and concepts of philosophy.

Some claim that liberalism’s neutrality toward the Good encourages anomie, thereby disallowing social confirmation of beliefs, leaving the individual with an uncertainty about judgments that is opposed to confidence and self-respect. This is the “anomie challenge.” I begin by discussing toleration and neutrality and motivating the problem. I then look at responses to the challenge by liberal pluralists and liberalism’s critics. After dismissing both, I argue that the right to choose is the good to be advocated and that it allows (...) for supportive, but voluntary, social structures. I conclude that liberalism better supports self-respect than the alternatives. (shrink)

The basic idea of this essay is that it is a mistake to deny the existence of psychological harms or that such harms may justify limiting certain sorts of speech acts in certain sorts of circumstances, but that such circumstances are not part of the paradigmatic college environment.

We live in a market system with much economic inequality. This may not be an essential characteristic of market systems but seems historically inevitable. How we should evaluate it, on the other hand, is contentious. I propose that bleeding heart libertarianism provides the best diagnosis and prescription.