In Liberalism and Pluralism, Richard Bellamy explores the challenges posed by conflicting values, interests and identities to liberal democracy. Conventional liberal thought is no longer suited to the complex, plural societies of today. By analyzing the three major strands of liberal thought as represented by Hayek, Rawls and Walzer, the author reveals how standard liberalism has tried to circumvent unstable settlements. This book establishes a more satisfactory alternative: namely, negotiated compromise.

discussion de l'auteur. peu de théorie additionnelle. question de l'acceptation de la punition p330.

In this paper, I compare the extent of Anglo-American judicial engagement in response to civil disobedience with that of the French judiciary. I begin by examining what the civil disobedient can realistically expect to achieve in a court of law. I shall argue that his priority should be to require the judge, acting as a mouthpiece for the law, to respond to his complaints. To do this, the civil disobedient must be able to deny liability for the offence he has (...) allegedly committed by urging a different interpretation of the law on the basis of an alternative -- but plausible -- reading of constitutional or human rights. If the civil disobedient can do this, he can claim a victory of sorts, even if his claims are ultimately unsuccessful. But legal culture can present a further barrier. Judges have different roles in different jurisdictions and therein lie further difficulties for the French civil disobedient. (shrink)

The debate over whether ‘fair-play’ can serve as a justification for legal punishment has recently resumed with an exchange between Richard Dagger and Antony Duff. According to the fair-play theorist, criminals deserve punishment for breaking the law because in so doing the criminal upsets a fair distribution of benefits and burdens, and punishment rectifies this unfairness. Critics frequently level two charges against this idea. The first is that it often gives the wrong explanation of what makes crime deserving of punishment, (...) since the wrongfulness of murder is not primarily about unfairness. The second is that it implies that all crimes deserve the same degree of punishment, because all crimes create the same degree of unfairness. These objections are viewed as revealing fatal flaws in the theory. Although Dagger attempts to meet these objections by drawing on political theory, Duff responds that this still draws upon the wrong kind of resources for meeting these objections. This paper argues that these two objections rest on a crucial mistake that has been overlooked by both the defenders and critics of fair-play. This mistake results from failing to distinguish between what justifies punishment as a response to crime (which requires a common element to all crime) and what justifies attaching particular penalties to crimes (which requires making distinctions in the severity of crime). The arguments presented will give reasons to consider fair-play as a viable justification for legal punishment. (shrink)

Hillel Steiner; III*—Individual Liberty, Proceedings of the Aristotelian Society, Volume 75, Issue 1, 1 June 1975, Pages 33–50, https://doi.org/10.1093/aristote.

This paper develops a theory of civil disobedience informed by a deliberative conception of democracy. In particular, it explores the justification of illegal, public and political acts of protest in constitutional deliberative democracies. Civil disobedience becomes justifiable when processes of public deliberation fail to respect the principles of a deliberative democracy in the following three ways: when deliberation is insufficiently inclusive; when it is manipulated by powerful participants; and when it is insufficiently informed. As a contribution to ongoing processes of (...) public deliberation, civil disobedience should be carried out in a way that respects the principles of deliberative democracy, which entails a commitment to persuasive, non-violent forms of protest. (shrink)

Though all of the principal features of Rawls's definition of civil disobedience are in varying degrees unacceptable, one of these consists of the fertile but unargued suggestion that civil disobedience is a mode of address. The first half of the paper tests this by construing civil disobedience as a vehicle of non?natural meaning (but not necessarily of linguistic non?natural meaning) and so as operating the Gricean mechanism of a hierarchy of intentions and beliefs. This feature is absent from other definitions (...) but is essential if other kinds of conscientious illegality are to be contrasted. In the second half a definition is arrived at through rejections or modifications of the other Rawlsian conditions and by reference to some recent accounts of force and violence. It is hoped that the definition has the double advantage of being broadly congruent with our intuitions and of supplying a theoretical underpinning for what it includes and excludes. (shrink)

In most discussions of civil disobedience, certain characteristics are offered as essential to an act of justifiable civil disobedience, or sometimes to any act of civil disobedience. Among these one of the most frequently mentioned is nonviolence. Some thinkers, like Bedau and Wasserstrom, require an act to be nonviolent before they will even count it as an act of civil disobedience; the very concept for them includes the notion of nonviolence. Others, like Stuart Brown, Rex Martin and Michael Bayles, admit (...) the possibility of a violent act of civil disobedience; but hold that, though nonviolent civil disobedience is justifiable, violent civil disobedience is not justifiable. (shrink)

1. Presumably the point of, say, inculcating a moral outlook lies in a concern with how people live. It may seem that the very idea of a moral outlook makes room for, and requires, the existence of moral theory, conceived as a discipline which seeks to formulate acceptable principles of conduct. It is then natural to think of ethics as a branch of philosophy related to moral theory, so conceived, rather as the philosophy of science is related to science. On (...) this view, the primary topic of ethics is the concept of right conduct, and the nature and justification of principles of behaviour. If there is a place for an interest in the concept of virtue, it is a secondary place. Virtue is a disposition to behave rightly; the nature of virtue is explained, as it were, from the outside in. (shrink)

Deliberative democracy is a revolutionary political ideal that requires fundamental changes in political institutions, bases of collective decision making, and the distribution of resources. Perhaps because of its revolutionary character accounts of deliberation in political theory thus far have offered little guidance for actors in actually-existing democratic circumstances. This article develops an ethical account of deliberative democratic action under imperfectly just conditions characterized by material and political inequality and failures of reciprocity. Under such conditions, appropriate principles of action can resolve (...) the tension between deliberation and confrontational political activism. The logic of this account parallels the justification for civil disobedience: the extent of permissible deviationfrom deliberative norms increases according to the adversity of political circumstances. This ethical account is composed of principles of deliberative activism, applications of those principles to four kinds of increasing unfavorable circumstances, and a menu of institutional and political strategies that increase deliberative inclusion and equality. (shrink)

This collection concludes with two essays dealing with concepts used in appraising the whole of a person's life: absurdity and self-fulfillment, and their interplay.Dealing with a diverse set of problems in practical and theoretical ethics, ...

Philosophy, despite its typical attitude of detachment and abstraction, has for most of its long history been engaged with the practical and mundane-seeming question of whether there is a duty to obey the law. As Matthew Kramer has recently summarized: “For centuries, political and legal theorists have pondered whether each person is under a general obligation of obedience to the legal norms of the society wherein he or she lives. The obligation at issue in those theorists' discussions is usually taken (...) to be prima-facie, comprehensively applicable, universally borne, and content-independent.” This essay is a commentary on the current state of discussion of this perennial philosophical topic. (shrink)

Three concepts—authority, obedience and obligation—are central to understanding law and political institutions. The three are also involved in the legitimation of the state: an apology for the state has to make a normative case for the state’s authority, for its right to command obedience, and for the citizen’s obligation to obey the state’s commands. Recent discussions manifest a cumulative scepticism about the apologist’s task. Getting clear about the three concepts is, of..

In both theoretical and applied contexts the concept of autonomy has assumed increasing importance in recent normative philosophical discussion. Given various problems to be clarified or resolved the author characterizes the concept by first setting out conditions of adequacy. The author then links the notion of autonomy to the identification and critical reflection of an agent upon his first-order motivations. It is only when a person identifies with the influences that motivate him, assimilates them to himself, that he is autonomous. (...) In addition this process of identification must itself meet certain procedural constraints. (shrink)

This article defends the fair-play theory of legal punishment against three objections. The first, the irrelevance objection, is the long-standing complaint that fair play fails to capture what it is about crimes that makes criminals deserving of punishment ; the others are the recently raised false-equivalence and lacks-integration objections. In response, I sketch an account of fair-play theory that is grounded in a conception of the political order as a meta- cooperative practice—a conception that falls somewhere between contractual and communitarian (...) conceptions—and draw on this account to show how the theory can overcome the objections. (shrink)

I suggest that civility is the display of respect, tolerance, or considerateness. Social norms enable us to successfully display these basic moral attitudes, and social consensus sets the bounds of civility, i.e., what views and behaviors are not owed a civil response. Because tied to social norms, there is no guarantee that standards of civility will exempt us from civilly responding to what, from a socially critical moral point of view, is tolerable. I raise and addresses the question: How could (...) civility be a moral virtue if it is so thoroughly governed by social norms? (shrink)

The purpose of this paper is not to define civil disobedience, but to identify a paradigm case of civil disobedience and the features exemplified in it. After noting the benefits of this methodological approach, the paper proceeds with an examination of two key, interconnected features: conscientiousness and communication. First, a link is made between the conscientious aspect of civil disobedience and moral consistency; a civil disobedient demonstrates a conscientious commitment to certain values through her willingness to condemn, and to dissociate (...) herself from, governmental decisions that violate those values. A parallel is then drawn between the communicative aspect of civil disobedience and the communicative aspect of lawful punishment by the state. Both practices are associated with an aim to demonstrate protest against certain types of conduct and an aim to bring about a change in that conduct. In paradigm situations, a civil disobedient aims to lead policymakers not only to reform existing law, but also to internalise her objections so as to produce a lasting change in the law. Having such aims places some constraints upon the modes of communication that she reasonably may use to achieve these aims. This paper concludes by considering three controversial modes of communication -- coercion, publicity and violence. (shrink)

The concept of reasonableness is essential to John Rawls’s political liberalism, and especially to its main ideas of public reason and liberal legitimacy. Yet the somewhat ambiguous account of reasonableness in Political Liberalism has led to concerns that the Rawlsian distinction between the reasonable and the unreasonable is arbitrary and ultimately indefensible. This paper attempts to advance a more convincing interpretation of reasonableness. I argue that the reasonable applies first to citizens, who then play an important role in determining which (...) comprehensive doctrines and political conceptions of justice are reasonable. In addition, while Rawls fails to specify explicitly the meaning of the reasonable in his standard of political justification (i.e. the liberal principle of legitimacy based on the criterion of reciprocity), I offer an interpretation of what it means for citizens to present reasonable claims and arguments to one another in public reason. (shrink)

For many contemporary liberal political philosophers the appropriate response to the facts of pluralism is the requirement of public reasonableness, namely that individuals should be able to offer to their fellow citizens reasons for their political actions that can generally be accepted.This article finds wanting two possible arguments for such a requirement: one from a liberal principle of legitimacy and the other from a natural duty of political civility. A respect in which conversational restraint in the face of political agreement (...) involves incivility is sketched.The proceduralist view which commends substantive disagreement within agreement on procedures is briefly outlined, as is the possible role for civic virtue on this view. (shrink)

The themes of citizenship and community are today at the center of a fierce debate as both left and right try to mobilize them for their cause. For the left such notions are crucial in all the current attempts to redefine political struggle through extending and deepening democracy. But, argue the contributors to this volume, these concepts need to be made compatible with the pluralism that marks modern democracy. Rather than reject the liberal tradition, they argue, the aim should be (...) to radicalize it. These essays set out to examine what types of “citizen” and “community” might be required by such a radical and plural democracy. From a range of disciplines and a fruitful diversity of theoretical perspectives, the contributors help us to address the following challenge: how to defend the greatest possible pluralism without destroying the very framework of the democratic political community. Despite their differences, a vision emerges from these essays which is sharply at odds both with the universalistic and rationalistic conception to be found in the work of Habermas, and with postmodern celebrations of absolute heterogeneity. For this book is an exploration of politics—of a politics where power, conflict and antagonism will always play a central role. (shrink)

Andres Rosler's study looks at Aristotle and the question of political obligation and its limits. Rosler takes his exploration further, considering the ethical underpinning of Aristotle's political thought, the normativity of his ethical and political theory, and the concepts of political authority and obligation themselves"--Provided by publisher.

Argues that role obligations are not marginal, "that they are central to morality and should be taken seriously." "A 'role obligation' is a moral requirement, which attaches to an institutional role, whose content is fixed by the function of the role, and whose normative force flows from the role." Rejects what he calls the doctrine of perfect adequacy which holds that role obligations are both comprehensive and transparent. Although this may have been plausible at earlier times, it is clearly implausible (...) now. It is the implausibility of this doctrine which has led theorists to accept the standard view: which holds that role obligations that are noncontractual are extremely problematic. Once we reject the doctrine of perfect adequacy, however, we can see the significance of role obligations more clearly. [The content of role obligations, Hardimon admits, is indeterminate in the sense that it is subject to constructive interpretation. This suggests, however, that the obligations are not the source of their normative power, rather it is their justifying value which explains why some role requirements are obligatory. This is confirmed by the rest of the article.] One thing that should lead us to question the notion that we do not have obligations of this sort by considering what it would be like to have no noncontractual role obligations. [This, however, does not establish that the force of role obligations flows from the obligations themselves.] One objection to NCR obligations is that they may require acting in accordance with an unjust institution. However, the solution here is the same as with contractual obligations: unjust institutions and contracts do not bind. Moves on to identity. "What I am assuming is that most of us do at least tacitly conceive of ourselves as family members and citizens, that these self-understandings are central to our own general self-conception, and that we can, through reflection come to recognize that we do in fact conceive of ourselves in these ways. If this is correct, then abandoning the idea that we have noncontractual role obligations would require radical revision of our self-conception, for we cannot give up the idea of nonctractual role obligation without also ceasing to conceive of ourselves as family members and citizens. What, after all, would it mean to say that we conceive of ourselves as family members but regard oursleves as having no familial obligations whatsoever?...The upshot of the last two paragraphs is that the cost of abandoning our conception of ourselves as family members and citizens would be enormous." [The moral significance of identity is unclear here - is the only normative element loss of identity with rejection of role obligations? What of the case when one's identity is caught up in a role which requires one to act immorally in other ways?] If impressment is our concern, it shouldn't be, for role obligations are not like impressment - one is born into them, not impressed [how does this make a difference?]. Role must be reflectively acceptable to produce genuine obligations. "Determining whether a given social role is reflectively acceptable involves stepping back from that role in thought and asking whether it is a role people ought to occupy and play. Determining that a given social role is reflectively acceptable involves judging that it is meaningful, rational, or good." [Hence, some independent value is going to do all the work for role obligations - the normative force of a role does not flow from the role itself.] Concerning voluntary roles - even if we agree that voluntary acceptance is essential, this omits important elements of role identification. "The key component of the idea of identifying with a role is that of conceiving of oneself as someone for whom the norms, that is, the evaluative standards associated with a role, its rights, duties, virtues, ideals, and supererogations, have reason-giving force. Here is the idea. If you identify with a role, its norms will function for you as reasons. If you are a judge who identifies with the role of judge, the fact that this is something judges do will give you a reason for doing it." [Clearly a non-sequiter - conceiving of oneself as having a reason does not give oneself a reason for doing - there must actually be a reason for doing something. Moreover, the content of the role may be in question - and here we are to engage in constructive interpretation, which is just to say that we are to identify some underlying value and this will serve to justify and determine the content of the role. Refers to usage of "look, its your job" as basis for substantiating claims about the normative force of identity. "But here a basic point of similarity emerges between contractual and noncontractual role obligations. People can and do identify with their noncontractual roles and not just with their contractual roles. And when they do, assuming that the appropriate background moral conditions are in place, the fact taht they occupy these roles will provide them with reasons for carrying out the tasks of their noncontractual roles...The basic form of motivation provided by identification with contractual and noncontractual role obligations is the same.". (shrink)

The last half-century has seen a steady loss of confidence in the defensibility of a duty to obey the law — even a qualified, pro tanto duty to obey the laws of a just or nearly just state. Over roughly the same period, there has been increasing interest in virtue ethics as an alternative to the dominant consequentialist and deontological approaches to normative ethics. Curiously, these two tendencies have so far only just barely linked up. Although there has been discussion (...) of the question whether patriotism should be considered a virtue, and abstract discussion about the virtuous person’s relation to authority and justice in general, there has been little virtue-oriented discussion having specific reference to the kinds of difficulties that have motivated the ascendant skepticism about political obligation. This silence has persisted despite repeated calls for renewed work on “virtue politics”. This article proposes and defends a preliminary account of law-abidance (as contrasted to obedience) as a virtue. It argues that a virtue-theoretic account of our relation to the law offers advantages that are not contingent upon the independence or priority of the virtues with respect to consequentialist and deontological components of a complete moral theory. Chief among these advantages is the promise of an alternative to the deadlocked positions taken by apologists for the duty to obey the law and their philosophical-anarchist critics — positions which have tacitly been assumed to exhaust the viable possibilities. (shrink)