Brettschneider extends this analysis from freedom of expression to the freedoms of religion and association, and he shows that value democracy can uphold the protection of these freedoms while promoting equality for all citizens.

When the Supreme Court in 2003 struck down a Texas law prohibiting homosexual sodomy, it cited the right to privacy based on the guarantee of "substantive due process" embodied by the Constitution. But did the court act undemocratically by overriding the rights of the majority of voters in Texas? Scholars often point to such cases as exposing a fundamental tension between the democratic principle of majority rule and the liberal concern to protect individual rights. Democratic Rights challenges this view by (...) showing that, in fact, democracy demands many of these rights. Corey Brettschneider argues that ideal democracy is comprised of three core values--political autonomy, equality of interests, and reciprocity--with both procedural and substantive implications. These values entitle citizens not only to procedural rights of participation but also to substantive rights that a "pure procedural" democracy might not protect. What are often seen as distinctly liberal substantive rights to privacy, property, and welfare can, then, be understood within what Brettschneider terms a "value theory of democracy." Drawing on the work of John Rawls and deliberative democrats such as Jürgen Habermas, he demonstrates that such rights are essential components of--rather than constraints on--an ideal democracy. Thus, while defenders of the democratic ideal rightly seek the power of all to participate, they should also demand the rights that are the substance of self-government. (shrink)

Democratic theorists often distinguish between two views of democratic procedures. ‘Outcomes theorists’ emphasize the instrumental nature of these procedures and argue that they are only valuable because they tend to produce good outcomes. In contrast, ‘proceduralists’ emphasize the intrinsic value of democratic procedures, for instance, on the grounds that they are fair. In this paper. I argue that we should reject pure versions of these two theories in favor of an understanding of the democratic ideal that recognizes a commitment to (...) both intrinsically valuable democratic procedures and democratic outcomes. In instances in which there is a conflict between these two commitments, I suggest they must be balanced. This balancing approach offers a justification of judicial review on the grounds that it potentially limits outcomes that undermine democracy. But judicial review is not justifiable in any instance in which a bad democratic outcome results from democratic procedures. When the loss that would result from overturning a democratic procedure is greater than the gain to democracy that would result from ensuring against an undemocratic outcome; judicial review is not justifiable. Loss or gain to democracy is defined by the negative or positive impact of each action on the core democratic values of equality and autonomy, aspects of the democratic ideal. Even when judicial review is justified, the fact that it overturns intrinsically valuable procedures suggests that such review is never ideal from the standpoint of democracy. (shrink)

Religious freedom is often thought to protect, not only religious practices, but also the underlying religious beliefs of citizens. But what should be said about religious beliefs that oppose religious freedom itself or that deny the concept of equal citizenship? The author argues here that such beliefs, while protected against coercive sanction, are rightly subject to attempts at transformation by the state in its expressive capacities. Transformation is entailed by a commitment to publicizing the reasons and principles that justify the (...) basic rights of citizens. (shrink)

In this essay I develop and defend a theory of state punishment within a wider conception of political legitimacy. While many moral theories of punishment focus on what is deserved by criminals, I theorize punishment within the specific context of the state's relationship to its citizens. Central to my account is Rawls's “liberal principle of legitimacy,” which requires that all state coercion be justifiable to all citizens. I extend this idea to the justification of political coercion to criminals qua citizens. (...) I argue that the liberal principle of legitimacy implicitly requires states to respect the basic political rights of those who are guilty of committing crimes, thus prohibiting capital punishment. (shrink)

Feminist thinkers have long criticized liberal theory’s public/private distinction for perpetuating indifference to injustices within the family. Thinkers such as Susan Okin have extended this criticism in evaluating the theory of political liberalism, suggesting that this theory’s reliance on a public conception of citizenship renders it indifferent to the way in which the internal politics of the family can undermine equality.However, I argue in this article that the feminist concern to ensure equality within the domestic sphere can in fact be (...) incorporated into a reconstructed account of political liberalism. Central to my strong public reconstruction is the principle of publicly justifiable privacy, according to which the public/private distinction itselfmust be formulated with reference to the values of free and equal citizenship. On my account, the public values of citizenship should figure prominently in evaluations of family life. This reformulation of the public/private distinction answers feminist critics who suggest that political liberalism fails to offer a politics of the personal. (shrink)

Hate groups are often thought to reveal a paradox in liberal thinking. On the one hand, such groups challenge the very foundations of liberal thought, including core values of equality and freedom. On the other hand, these same values underlie the rights such as freedom of expression and association that protect hate groups. Thus a liberal democratic state that extends those protections to such groups in the name of value neutrality and freedom of expression may be thought to be undermining (...) the values on which its legitimacy rests. In this paper, I suggest how this apparent paradox might be resolved. I argue that the state should protect the expression of illiberal beliefs, but that the state (along with its citizens) is also obligated to criticize publicly those beliefs. Distinguishing between two kinds of state action—coercive and expressive—I contend that such criticism should be pursued through the state’s expressive capacities in its roles as speaker, educator, and spender. Here I extend the familiar idea that law, to be legitimate, must be widely publicized; I contend that a proper theory of the freedom of expression obligates the legitimate state to publicize the reasons that underlie rights, in particular reasons that appeal to the entitlement of each citizen subject to coercion to be treated as free and equal. My theory of freedom of expression is thus “expressive” in two senses: it protects the entitlement of citizens to express any political viewpoint, and it emphasizes a role for the state in explaining these free-speech protections and persuading its citizens of the value of the entitlements that underlie them. (shrink)

Liberal political theorists often argue that justice requires limits on policy outcomes, limits delineated by substantive rights. Distinct from this project is a body of literature dedicated to elaborating on the meaning of democracy in procedural terms. In this article, I offer an alternative to the traditional divide between procedural theories of democracy and substantive theories of justice; I call this the ‘value theory of democracy’. I argue that the democratic ideal is fundamentally about a core set of values (political (...) autonomy, equality of interests, and reciprocity) with both procedural and substantive implications. Further, I contend that limits on policy outcomes can be newly understood as part of the democratic ideal. Key Words: democracy • rights • substantive • procedural • Habermas. (shrink)

This chapter contains sections titled: Contractualist Justification and Private Property Three Models of Welfare Rights The Proposals as Reasonable Alternatives Objections Conclusion References.

In this short essay, I respond to Brian Leiter’s Why Tolerate Religion. I focus on two criticisms. First, I argue that Leiter’s own theory depends on an unacknowledged ideal of equality, and that equality is central to the utilitarian and Rawlsian bases for religious toleration that he draws upon in his book. Second, I argue against Leiter’s allowing, in certain circumstances, the state to establish religion and to promote religious conceptions of the good.

The right to private property is among the most fundamental in liberal theory. For many liberals the idea of the state is grounded in its role as a protector of private property. If the liberal state is justified by its ability to protect property, the modern welfare state is often justified by its ability to meet needs. According to a view commonly referred to as “welfarism,” the very fact that needs exist implies there is a moral obligation to meet them. (...) In this Article I appeal to Rawlsian contractualist justification, including the “criterion of reciprocity,” in developing a third manner of thinking about the relationship between property and welfare. I argue that welfare rights are necessary conditions for justifying a role for the state in enforcing the “right to exclude,” a fundamental element of private ownership. My Article thus aims to use Rawls’ account of justification, outlined in his later works, to theorize the notion of property-owning democracy from Theory of Justice. (shrink)

This chapter argues that the same logic that imbues the state with the legitimate authority to punish also imposes restraints on that authority. It suggests that scholarship on punishment puts more emphasis on the political legitimacy of state punishment rather than on the moral question of what is deserved by criminals. It turns to Rousseau's social contract based justification for punishment as a crucial resource in that effort. It begins by closely examining Rousseau's claim that the criminal consents to punishment, (...) and by suggesting that his seemingly absurd and perverse claims are actually defensible. It goes on to clarify two senses in which Rousseau's understanding of consent serves to ground the rights of the guilty. First, it argues that the idea of consent itself legitimizes some punishment but also sets strict limits on when and how the state can punish. Second, it argues that Rousseau's account of welfare rights also sets a limit on when the state may rightfully punish. The final two sections of the chapter consider the role of punishment outside the social contract in Rousseau's theory and suggest an important contrast between Rousseau's and Hobbes's conceptions of punishment. (shrink)

Building on the work of Rousseau, Rawls, and theorists of deliberative democracy, my dissertation makes use of a substantive conception of reason-giving called "mutual justification" to develop and defend four basic rights: privacy, property, welfare, and life. While theories of reciprocity are prominent in the literature of democratic theory, my contribution lies in using reciprocity to reformulate the way theorists think about the fundamental rights essential to a legitimate society. My approach therefore rejects the common belief that individual rights are (...) distinct from or serve to constrain democracy. Furthermore, although theorists like Rousseau have employed reciprocal reason-giving while ignoring the importance of negative rights, I argue that the rights of life and privacy should actually be derived from mutual justification. When these rights, as well as material rights, are thought of in this way, their substance as well as the method of defending them differs from orthodox conceptions. (shrink)

This is a really good book. Brettschneider’s When the State Speaks is both provocative and persuasive, resolving a stubborn conflict within democratic theory in a way many will initially reject, but which he argues for so effectively that, by the end, the controversial appears the commonsensical.The problem Brettschneider addresses is one with which we are all familiar. In democracies we believe in the right to free speech. We believe that this right is implied by the underlying principles of (...) democracy, and believe that the exercise of this right is essential for democracy to function. We are presented with a conflict when some people use their right to free speech to advocate values that are contradictory to democracy: to argue that not everyone should be allowed to speak, to argue that not all citizens are equal, to argue that some people should be discriminated against for reasons of race, religion, sex, or other distinctions that, in a democracy, we hold to be irrelevant. The probl. (shrink)

In Corey Brettschneider’s book, Democratic Rights: The Substance of Self- Government, he builds the value theory of democracy wherein procedural and substantive rights are both grounded in the core values of democracy. In his second book, When the State Speaks, What Should It Say? How Democracies Can Protect Expression and Promote Equality, Brettschneider elaborates on his theory to provide an account of how a liberal democracy can address hateful and discriminatory views. In response to both theories, critics (...) have charged that the ideal value democracy does not sufficiently account for systemic inequalities that women and black citizens face. In this paper, I will elaborate on his theory of democratic education and argue that this necessary development can address these critics’ concerns. (shrink)

In the target article, we presented the hypothesis that parasite-stress variation was a causal factor in the variation of in-group assortative sociality, cross-nationally and across the United States, which we indexed with variables that measured different aspects of the strength of family ties and religiosity. We presented evidence supportive of our hypothesis in the form of analyses that controlled for variation in freedom, wealth resources, and wealth inequality across nations and the states of the USA. Here, we respond to criticisms (...) from commentators and attempt to clarify and expand the parasite-stress theory of sociality used to fuel our research presented in the target article. (shrink)

Hilbert’s choice operators τ and ε, when added to intuitionistic logic, strengthen it. In the presence of certain extensionality axioms they produce classical logic, while in the presence of weaker decidability conditions for terms they produce various superintuitionistic intermediate logics. In this thesis, I argue that there are important philosophical lessons to be learned from these results. To make the case, I begin with a historical discussion situating the development of Hilbert’s operators in relation to his evolving program in the (...) foundations of mathematics and in relation to philosophical motivations leading to the development of intuitionistic logic. This sets the stage for a brief description of the relevant part of Dummett’s program to recast debates in metaphysics, and in particular disputes about realism and anti-realism, as closely intertwined with issues in philosophical logic, with the acceptance of classical logic for a domain reflecting a commitment to realism for that domain. Then I review extant results about what is provable and what is not when one adds epsilon to intuitionistic logic, largely due to Bell and DeVidi, and I give several new proofs of intermediate logics from intuitionistic logic+ε without identity. With all this in hand, I turn to a discussion of the philosophical significance of choice operators. Among the conclusions I defend are that these results provide a finer-grained basis for Dummett’s contention that commitment to classically valid but intuitionistically invalid principles reflect metaphysical commitments by showing those principles to be derivable from certain existence assumptions; that Dummett’s framework is improved by these results as they show that questions of realism and anti-realism are not an “all or nothing” matter, but that there are plausibly metaphysical stances between the poles of anti-realism and realism, because different sorts of ontological assumptions yield intermediate rather than classical logic; and that these intermediate positions between classical and intuitionistic logic link up in interesting ways with our intuitions about issues of objectivity and reality, and do so usefully by linking to questions around intriguing everyday concepts such as “is smart,” which I suggest involve a number of distinct dimensions which might themselves be objective, but because of their multivalent structure are themselves intermediate between being objective and not. Finally, I discuss the implications of these results for ongoing debates about the status of arbitrary and ideal objects in the foundations of logic, showing among other things that much of the discussion is flawed because it does not recognize the degree to which the claims being made depend on the presumption that one is working with a very strong logic. (shrink)

Representation is central to contemporary theorizing about the mind/brain. But the nature of representation--both in the mind/brain and more generally--is a source of ongoing controversy. One way of categorizing representational types is to distinguish between the analog and the digital: the received view is that analog representations vary smoothly, while digital representations vary in a step-wise manner. I argue that this characterization is inadequate to account for the ways in which representation is used in cognitive science; in its place, I (...) suggest an alternative taxonomy. I will defend and extend David Lewis's account of analog and digital representation, distinguishing analog from continuous representation, as well as digital from discrete representation. I will argue that the distinctions available in this four-fold account accord with representational features of theoretical interest in cognitive science more usefully than the received analog/digital dichotomy. (shrink)

Relative to digital computation, analogue computation has been neglected in the philosophical literature. To the extent that attention has been paid to analogue computation, it has been misunderstood. The received view—that analogue computation has to do essentially with continuity—is simply wrong, as shown by careful attention to historical examples of discontinuous, discrete analogue computers. Instead of the received view, I develop an account of analogue computation in terms of a particular type of analogue representation that allows for discontinuity. This account (...) thus characterizes all types of analogue computation, whether continuous or discrete. Furthermore, the structure of this account can be generalized to other types of computation: analogue computation essentially involves analogue representation, whereas digital computation essentially involves digital representation. Besides being a necessary component of a complete philosophical understanding of computation in general, understanding analogue computation is important for computational explanation in contemporary neuroscience and cognitive science. (shrink)

Corey W. Dyck presents a new account of Kant's criticism of the rational investigation of the soul in his monumental Critique of Pure Reason, in light of its eighteenth-century German context. When characterizing the rational psychology that is Kant's target in the Paralogisms of Pure Reason chapter of the Critique commentators typically only refer to an approach to, and an account of, the soul found principally in the thought of Descartes and Leibniz. But Dyck argues that to do so (...) is to overlook the distinctive rational psychology developed by Christian Wolff, which emphasized the empirical foundation of any rational cognition of the soul, and which was widely influential among eighteenth-century German philosophers, including Kant. In this book, Dyck reveals how the received conception of the aim and results of Kant's Paralogisms must be revised in light of a proper understanding of the rational psychology that is the most proximate target of Kant's attack. In particular, he contends that Kant's criticism hinges upon exposing the illusory basis of the rational psychologist's claims inasmuch as he falls prey to the appearance of the soul as being given in inner experience. Moreover, Dyck demonstrates that significant light can be shed on Kant's discussion of the soul's substantiality, simplicity, personality, and existence by considering the Paralogisms in this historical context.Readership: Scholars and advanced students in history of philosophy, especially those working on Kant. (shrink)

I argue that the appropriateness of an assertion is sensitive to context—or, really, the “common ground”—in a way that hasn’t previously been emphasized by philosophers. This kind of context-sensitivity explains why some scientific conclusions seem to be appropriately asserted even though they are not known, believed, or justified on the available evidence. I then consider other recent attempts to account for this phenomenon and argue that if they are to be successful, they need to recognize the kind of context-sensitivity that (...) I argue for. (shrink)