This chapter contains sections titled: From Liberalism to Republican Liberalism Cohen's Critique of Rawls A Liberal Republican Political Economy Liberal and Republican Approaches to Effective Political Agency The Republican Alternative Conclusion References.

This article evaluates the conception of citizenship embodied in political liberalism as the core ingredient of a national syllabus designed to provide an uncontroversial yet substantial education in moral and political values in a liberal democratic state system. I argue (pace recent work by Stephen Macedo) that Rawls's paradigmatic version of political liberalism fails to avoid begging the political question against those who do not share liberal values. I contend in particular that (...) class='Hi'>Rawls's defence of the distinction between comprehensive and political values and his assignment of priority to the latter, invokes an idea of what is politically reasonable that involves a comprehensive and therefore controversial liberal conception of the person. (shrink)

Liberal egalitarians have been wary of being orientated by the empathetic understanding of others lest it offends the separateness of persons. This worry can be overcome by embracing second‐order as well as first‐order empathetic‐imagination, while doing so strengthens liberal‐egalitarian claims to treat all with equal concern and respect. ‘First‐order’ empathic‐imagination, which accesses objective knowledge about a person’s experience, is a necessary but not sufficient part of relating to others as agents. ‘Second‐order’ empathic‐imagination, encompassing a ‘disposition of surprise’ at (...) an agent’s ability to have a valued life contrary to what is normally and reasonably expected, should also be encouraged. This disposition accepts that making fundamental mistakes in empathic‐imagination is inevitable, but by being disposed to recognize these as mistakes a person is more open to understanding and identifying with ‘disadvantaged others’ who are agents. As a result, policy‐makers and practitioners must recognize a potential tension between promoting social systems that redistribute resources and the image those defined as ‘worse‐off’ hold of themselves. Such interventions need to be sensitive to the positive image those they view as disadvantaged may hold of themselves, while nevertheless recognizing their entitlement to resources to improve their condition. (shrink)

This article evaluates the conception of citizenship embodied in political liberalism as the core ingredient of a national syllabus designed to provide an uncontroversial yet substantial education in moral and political values in a liberal democratic state system. I argue (pace recent work by Stephen Macedo) that Rawls's paradigmatic version of political liberalism fails to avoid begging the political question against those who do not share liberal values. I contend in particular that (...) class='Hi'>Rawls's defence of the distinction between comprehensive and political values and his assignment of priority to the latter, invokes an idea of what is politically reasonable that involves a comprehensive and therefore controversial liberal conception of the person. (shrink)

This article evaluates the conception of citizenship embodied in political liberalism as the core ingredient of a national syllabus designed to provide an uncontroversial yet substantial education in moral and political values in a liberal democratic state system. I argue (pace recent work by Stephen Macedo) that Rawls's paradigmatic version of political liberalism fails to avoid begging the political question against those who do not share liberal values. I contend in particular that (...) class='Hi'>Rawls's defence of the distinction between comprehensive and political values and his assignment of priority to the latter, invokes an idea of what is politically reasonable that involves a comprehensive and therefore controversial liberal conception of the person. (shrink)

With the publication of A Theory of Justice in 1971, John Rawls not only rejuvenated contemporary political philosophy but also defended a Kantian form of Enlightenment liberalism called “justice as fairness.” Enlightenment liberalism stresses the development and exercise of our capacity for autonomy, while Reformation liberalism emphasizes diversity and the toleration that encourages it. These two strands of liberalism are often mutually supporting, but they conflict in a surprising number of cases, whether over the accommodation of group difference, the (...) design of civic education, or the promotion of liberal values internationally. During the 1980’s, however, Rawls began to jettison key Kantian characteristics of his theory, a process culminating in the 1993 release of Political Liberalism and completing the transformation of justice as fairness into a Reformation liberalism. -/- Reconstructing Rawls argues that this transformation was a tragic mistake because it jeopardized the most important features of his theory, viz. the lexical priorities of right, liberty, and fair equality of opportunity as well as the difference principle. Controversially, this book contends that Rawls’s so-called “political turn,” motivated by a newfound interest in diversity and the accommodation of difference, has been unhealthy for autonomy-based liberalism and has pushed liberalism more broadly towards cultural relativism, be it in the guise of liberal multiculturalism or critiques of cosmopolitan distributive-justice theories. The book then demonstrates that the central elements of justice as fairness can only be defended within the context of a Kantian Enlightenment liberalism and that Rawls’s hope for a more pluralistic grounding for his theory, endorsed by a wide variety of belief systems present in modern democratic societies, is illusory. -/- Reconstructing Rawls is the first book to systematically compare Rawls’s and Kant’s theories and the first to offer an internal critique and reconstruction of justice as fairness, reconceiving it as a comprehensive, universalistic Kantian liberalism. By doing so, it gives us both the vision of a liberal world order—“a republicanism of all states, together and separately,” as Kant put it—and a mode of justification addressed to all men and women, not as members of particular nations, races, and faiths, but as human beings, as citizens of the world. In short, it reclaims Rawls for the Enlightenment. (shrink)

A Theory of Freedom and Government has provided a systematic basis for republican theory in the idea of freedom as non-domination. Can a pure republican view, which confines itself to the normative resources thus afforded, adequately address the full range of issues of social justice? This article argues that while there are many sorts of structural injustice with which a pure republican view can well cope, unfair disparities in political influence, of the kind that Rawls labeled failures of the (...) ‘fair value’ of the equal political liberties, cannot be well addressed by a pure republican view. In arguing the point, the article assesses the reach not only of the core ideal of freedom as non-domination itself, but also of three further layers in Pettit’s republican theory: its suggestion that domination is to be minimized, its account of a set of institutions needed to restrict domination, and its requirement that, to prevent governments from having the power to act arbitrarily and so to dominate, they be made responsive to the common good. Some of these further conceptual resources are shown to be of no help in addressing unfair disparities in political influence, while the ones that are promising are so only because they rely on distinctively liberal ideals, and so depart from a pure republican basis. Key Words: republicanism • liberalism • justice • common good • non-domination • fair value • Philip Pettit • John Rawls. (shrink)

John Rawls’s argument for egalitarianism famously depends on his rejection of desert. In The Theology of Liberalism, Eric Nelson contends that Rawls’s treatment of desert depends on anti-Pelagian commitments he first endorsed in his undergraduate thesis and tacitly continued to hold. He also contends that a broad range of liberal arguments for economic egalitarianism fail because they rest on an incoherent conception of human agency. The failure becomes evident, Nelson says, when we see that proponents of those (...) arguments unknow­ingly assume the anti-Pelagianism on which Rawls relied. Nelson concludes that egalitarianism must be given a different political and theoretic basis than Rawls and his followers have provided. I argue that Nelson misreads Rawls and that egalitarians can avoid inconsistency without staking a theological claim they want to avoid. (shrink)

It is argued that only the embedding of Rawlsian political liberalism within a republican framework secures the content of his view against Cohen's critique of Rawlsian special incentives. That content is fully specified in the form of a property-owning democracy; only this background set of institutions (or one functionally equivalent to it) will secure the stability of Rawls's egalitarian principles. A liberal-republicanism, rather than political liberalism alone, offers deeper grounding for our commitment to a property-owning (...) democracy as a privileged political economy for the expression of our egalitarian ideals. (shrink)

Rawls offers three arguments for the priority of liberty in Theory, two of which share a common error: the belief that once we have shown the instrumental value of the basic liberties for some essential purpose (e.g., securing self-respect), we have automatically shown the reason for their lexical priority. The third argument, however, does not share this error and can be reconstructed along Kantian lines: beginning with the Kantian conception of autonomy endorsed by Rawls in section 40 of Theory, we (...) can explain our highest-order interest in rationality, justify the lexical priority of all basic liberties, and reinterpret Rawls’ threshold condition for the application of the priority of liberty. Perhaps unsurprisingly, this Kantian reconstruction will not work within the radically different framework of Political Liberalism. (shrink)

This book would more aptly, if wordily, have been subtitled "An Introduction to Contemporary Liberal, Anglo-American Political Philosophy." The author’s purpose is "to bring within a single focus the main lines of thinking in the recent welter of speculation on social justice" as set forth by such scholars as John Rawls, Robert Nozick, and Kenneth Arrow. Pettit’s conception of political philosophy, his selection of views to be considered, and his judgments of those views are bounded by (...) class='Hi'>political assumptions derived from liberal egalitarianism, and methodological premises characteristic of the "analytic" school of philosophy: Marxist thought is barely alluded to, and there is no reference to the work of such radically different thinkers as Martin Heidegger or Leo Strauss. (shrink)

The paper defends the theoretical strength and consistency of Rawls's constructivism, showing its ability to articulate and convincingly weave together several key ethical ideas; yet it questions the political relevance of this admirable normative architecture. After having illustrated Rawls's conception of moral agency and practical reason, the paper tackles two criticisms raised by Scheffler. First the allegation of naturalism based on Rawls's disdain of common sense ideas on desert is rebutted. It is then shown that, contrary (...) to Scheffler's contention, Rawls takes proper account of our moral sentiments in the process of constructing his normative theory. Finally, the second criticism is assessed, namely the inability of Rawls's theory to increase consent around liberal policies. Despite disagreement with details of Scheffler's argument, it is suggested that the failure of recent normative liberal theories to have a political impact belies their inability to take into proper consideration the reality of politics. A more realistic appraisal of political life and of historical events and developments are called for if political philosophy wants to be something more than an academic exercise. (shrink)

Without question, Process Philosophy and Political Liberalism: Rawls, Whitehead, Hartshorne, is Daniel Dombrowski's most important and well-argued treatise to date within his growing, prolific literary corpus. Bringing his expertise on John Rawls's political thought to bear on the process thinking of A. N. Whitehead and Charles Hartshorne, he explores commonalities of approach and ventures the interpretive hypothesis that Rawls is, at least broadly speaking, a process philosopher. He also argues that each of these philosophers appropriately shares the (...) appellation “political liberal” when that term is carefully defined. I find this strongly plausible. (shrink)

Many theorists have addressed a central concern of current political theory by contending that the dithering intellectualism of left politics prevents genuine political action. Arguments and Fists confronts this concern by refuting these arguments, and reconciling philosophical debates with the realities of current activism. By looking at theorists such as Montesquieu, Kant, Rousseau, the book contradicts current academic debates and also goes against contemporary theory's image of the liberal political agent as a narrowly rational abstraction. Mika (...) LaVaque-Manty also argues that progressive political philosophy and political action go hand in hand. He then ventures past Kant and Rousseau to talk about specific environmental activism, finding middle ground between the two while asserting that the liberal urge for political reform stems from sound philosophical considerations about the nature of politics and isn't the "cowardly" afterthoughts some theorists have called it. Arguments and Fists then puts these theoretical insights to use, examining environmental justice movements and varieties of environmental radicalism, showing how liberal theory illuminates concrete contemporary political practices. (shrink)

Rawls's recent articulation of his theory of justice in Political Liberalism (1993) carries on the contractarian approach to defining justice, which was first laid out in A Theory of Justice (1971). However, this approach is now characterised as ‘political’, not metaphysical. It is intended to appeal to those who are deeply divided by cultural, religious, and moral beliefs: it is to explain how justice can be stable in a divided society. This ‘political’approach, nevertheless, has narrowed its (...) appeal. Since it relies on the shared ideas in democratic societies, its appeal becomes political and cultural. Morever, this theory's requirement of equal basic liberties for a just society calls for a relatively developed economy and social institutions. It fails to provide guidance to societies that, owing to their lesser development, cannot afford to guarantee the worth of equal basic liberties. The structual insufficiency of Rawls's ‘political’theory explains the failure of his continuing efforts to extend his liberal theory of justice to the international terrain. This essay analyses this insufficiency and the narrow applicability of Rawls's ‘political’theory of justice. (shrink)

John Rawls has recently shifted to a "freestanding" or "political" liberalism from his earlier "comprehensive" and "moral" liberalism. I argue that this move is based on several key features that make Rawlsian liberal pluralism indelibly postmodern. Two of the more obvious features are the denial of foundationalism and the rejection of a truth status for public-sphere justifications of the basic political structure. In conclusion, I suggest that a late-modern postliberalism is a viable alternative.

The first book length study of property-owning democracy, Republic of Equals argues that a society in which capital is universally accessible to all citizens is uniquely placed to meet the demands of justice. Arguing from a basis in liberal-republican principles, this expanded conception of the economic structure of society contextualizes the market to make its transactions fair. The author shows that a property-owning democracy structures economic incentives such that the domination of one agent by another in the market is (...) structurally impossible. The result is a renovated form of capitalism in which the free market is no longer a threat to social democratic values, but is potentially convergent with them. It is argued that a property-owning democracy has advantages that give it priority over rival forms of social organization such as welfare state capitalism and market socialist institutions. The book also addresses the currently high levels of inequality in the societies of the developed West to suggest a range of policies that target the "New Inequality" of our times. For this reason, the work engages not only with political philosophers such as John Rawls, Philip Pettit and John Tomasi, but also with the work of economists and historians such as Anthony B. Atkinson, François Bourguignon, Jacob S. Hacker, Lane Kenworthy, and Thomas Piketty. (shrink)

The first book-length study of property-owning democracy, Republic of Equals, argues that a society in which capital is universally accessible to all citizens is uniquely placed to meet the demands of justice. Arguing from a basis in liberal-republican principles, this expanded conception of the economic structure of society contextualizes the market to make its transactions fair. It shows that a property-owning democracy structures economic incentives such that the domination of one agent by another in the market is structurally impossible. (...) The result is a renovated form of capitalism in which the free market is no longer a threat to social democratic values but is potentially convergent with them. It is argued that a property-owning democracy has advantages that give it priority over rival forms of social organization such as welfare-state capitalism and market socialist institutions. The book also addresses the currently high levels of inequality in the societies of the developed West to suggest a range of policies that target the “New Inequality” of the twenty-first century. For this reason, the work engages not only with political philosophers such as John Rawls, Philip Pettit, and John Tomasi but also with the work of economists and historians such as Anthony B. Atkinson, François Bourguignon, Jacob S. Hacker, Lane Kenworthy, and Thomas Piketty. (shrink)

We provide a justification for political liberalism’s Reciprocity Principle, which states that political decisions must be justified exclusively on the basis of considerations that all reasonable citizens can reasonably be expected to accept. The standard argument for the Reciprocity Principle grounds it in a requirement of respect for persons. We argue for a different, but compatible, justification: the Reciprocity Principle is justified because it makes possible a desirable kind of political community. The general endorsement of the Reciprocity (...) Principle, we will argue, helps realize joint political rule and relationships of civic friendship. The main obstacle to the realization of these values is the presence of reasonable disagreement about religious, moral, and philosophical issues characteristic of liberal societies. We show the Reciprocity Principle helps to overcome this obstacle. (shrink)

The relation between Kant’s philosophy and the “philosophy of balance” as it is described in the report Come on! Capitalism, Short-termism, Population and the Destruction of the Planet, delivered to the Club of Rome in 2018, requires some analysis. The authors of the report consider Kant to be a philosopher of European Enlightenment which laid the foundations of the modern world, but also proved to be the source of global problems. The report characterises the philosophy of the Enlightenment as lop-sided (...) rationalism which dismisses everything that does not possess desirable properties. In exchange, the authors offer a philosophy of balance, described in several points as the balance between conflicting values. The overarching problem of the philosophy of balance is the restraining of egoism. For this reason I first examine the relationship between duty and human inclinations in Kant’s ethics. I then demonstrate that the topic of political forecasts and the recommendations which Kant prescribes both in his philosophy of history and in his reflections on politics, right and justice, essentially boils down to three points of the philosophy of balance: the balance between development and justice (Kantian republicanism), between the speed and stability of development (external policy, the Kantian peace project), and between the short-term and long-term perspectives (reform policy). I then touch upon the problem of the implementation of Kantian principles in politics in the light of the reception of Kant in the modern theories of social conflicts, the communication theory of J. Habermas and the justice theory of J. Rawls. The overall conclusion is that Kant’s philosophy is not a philosophy of exclusion, capitalist values and utilitarianism and is not their ideological basis. (shrink)

What grounds human rights? How do we determine that something is a genuine human right? This chapter offers a new answer: human beings have human rights to the fundamental conditions for pursuing a good life. The fundamental conditions for pursuing a good life are certain goods, capacities, and options that human beings qua human beings need whatever else they qua individuals might need in order to pursue a characteristically good human life. This chapter explains how this Fundamental Conditions Approach is (...) better than James Griffin’s Agency Approach as well as Martha Nussbaum’s Central Capabilities Approach. It also shows how it can be compatible with the increasingly popular Political Conceptions of human rights defended by John Rawls, Charles Beitz, and Joseph Raz. (shrink)

Despite the enormous influence of Michel Foucault in gender studies, social theory, and cultural studies, his work has been relatively neglected in the study of politics. Although he never published a book on the state, in the late 1970s Foucault examined the technologies of power used to regulate society and the ingenious recasting of power and agency that he saw as both consequence and condition of their operation. These twelve essays provide a critical introduction to Foucault's work on politics, exploring (...) its relevance to past and current thinking about liberal and neo-liberal forms of government. Moving away from the great texts of liberal political philosophy, this book looks closely at the technical means with which the ideals of liberal political rationalities have been put into practice in such areas as schools, welfare, and the insurance industry. This fresh approach to one of the seminal thinkers of the twentieth century is essential reading for anyone interested in social and cultural theory, sociology, and politics. (shrink)

Women's exclusion from political enfranchisement in Kant's political writings has frequently been noted in the literature, and yet has not been closely scrutinized. More often than not, commentators suggest that this reflects little more than Kant's sharing in the prejudices of his era. This paper argues that, for Kant, women's civil incapacities stem from defects relating to their capacities as moral agents, and more specifically, to his teleological account of the conditions within which we, as imperfect beings, (...) develop our moral capacities. Women are not incidentally or tangentially excluded from the boundaries of political and moral agency, but rather must adopt an explicitly nonmoral character if we are to understand humanity as moving toward its naturally given, moral ends. I argue (1) that Kant's teleological view of human development requires women to develop an explicitly nonmoral character; (2) that this teleology is inextricable from his view of the moral agency that human—and not merely rational—beings are capable of; and (3) that taken together, these suggest that women's subordinate status is internally connected to Kant's view of moral personhood. (shrink)

This is a new interpretation and analysis of John Rawls's leading theory of distributive justice, which also considers the responding egalitarian theories of scholars such as Richard Arneson, G. A. Cohen, Ronald Dworkin, Martha Nussbaum, John Roemer, and Amartya Sen. Rawls's theory, Kaufman argues, sets out a normative ideal of justice that incorporates an account of the structure and character of relations that are appropriate for members of society viewed as free and equal moral beings. Forging an approach (...) distinct amongst contemporary theories of equality, Rawls offers an alternative to egalitarian justice methodologies that aim primarily to compensate victims for undeserved bad luck. For Rawls, the values that ground the most plausible account of egalitarianism are real equality of economic opportunity combined with the guarantee of a fair distribution of social goods. Kaufman's analysis will be of interest to scholars and advanced students of political theory and political philosophy, particularly those working on justice, and on the work of John Rawls. (shrink)

This article addresses the ways in which art and philosophy have been discursively used to conceptualize critical political changes and frame narratives of liberation by including and excluding primitive consciousness simultaneously. More concretely, it analyzes the contribution of art and philosophy to the understanding of history and post-history through different representations of black bodies, black desires, and black agencies in the novels She (1886) by Rider Haggard and The Quest of the Silver Fleece (1911) by W. E. B. Du (...) Bois. At stake is the question of the archeology of the past as a living memory in the post-historical time. This past is politically relevant especially if its cognitive fossils negate the idea of exhausted primitive consciousness in the modern world and give meanings to incongruous bedfellows such as civilization and slavery, neoliberalism and poverty, democracy and Nazism, globalization, terrorism and racism, liberalism and homophobia. Arguably, the triumph of scientific ideas has left us with a perpetual quest for liberation rather than the actualization of liberation as a world phenomenon. I hypothesize the relation between exhaustible elements of technical consciousness simulating progress and their inexhaustible materiality at critical historical junctures as a struggle for taste and self-determination. Critical in this relation is the sense that not only primitive stages of consciousness are never fully exhausted at historical junctures, but that one never comes close to thinking about genuine liberation without engaging with real world matters both domestic/intimate and foreign. (shrink)

The unquestionable achievement of J. G. A. Pocock's The Machiavellian Moment was to describe the retention of pre-modern values in a modern society. Pocock was notoriously accused of decentring Locke and side-lining the Liberal Tradition. A more pertinent critique had it that he failed to articulate how civic humanism in the context of increasingly commercial societies produced more than Jeremiahs or Cassandras. This article explains how Pocock responded to his various critics by inventing the term “commercial humanism” in an (...) effort to clarify the way in which classical virtue was modified in modern commercial contexts, especially by natural jurists and republicans. Commercial humanism proved controversial but stimulated one of the most original scholars working in the history of political thought, István Hont, to undertake a prolonged engagement with Pocock's revisionist ideas, which ultimately allowed him to answer Pocock's critics better than Pocock, whose voice remained too in tune with those whose view of modern political thought he had rejected. For Hont, Pocock's labours in the history of political thought remained less relevant to present politics than they might become, once the depth of eighteenth-century analyses of the relationship between wealth and virtue was recovered. (shrink)

Luck egalitarianism is a family of egalitarian theories of distributive justice that give a special place to luck, choice, and responsibility. These theories can be understood as responding to perceived weaknesses in influential earlier theories of both the left – in particular Rawls’ liberal egalitarianism (1971) – and the right – Nozick’s libertarianism (1974) stands out here. Rawls put great emphasis on the continuity of his theory with the great social contract theories of modern political thought, (...) particularly emphasising its Kantian character, while Nozick overtly develops his theory as an elaboration of John Locke’s account of property. By contrast, how luck egalitarianism is related to the history of political thought or philosophy more generally has been left unexplored by its proponents. Perhaps this is because they see luck egalitarianism, with its focus on individual choice and association with such contemporary concerns as equality of opportunity, as without significant predecessors in the canon. My purpose in this chapter is to make the tentative first steps towards identifying some historical antecedents of luck egalitarianism among the main works of Western political thought, in particular Aristotle, Machiavelli, and Locke. (shrink)

Political Theory as a Vocation -- Transgression, Equality, and Voice -- Norm and Form : The Constitutionalizing of Democracy -- Fugitive Democracy -- Hobbes and the Epic Tradition of Political Theory -- Hobbes and the Culture of Despotism -- On Reading Marx Politically -- Max Weber : Legitimation, Method, and the Politics of Theory -- Reason in Exile : Critical Theory and Technological Society -- Hannah Arendt: Democracy and the Political -- Hannah Arendt and the Ordinance of (...) Time -- The Liberal/Democratic Divide : On Rawls's Political Liberalism -- On the Theory and Practice of Power -- Democracy in the Discourse of Postmodernism -- Postmodern Politics and the Absence of Myth -- The Destructive Sixties and Postmodern Conservatism -- From Progress to Modernization : The Conservative Turn -- Editorial -- What Revolutionary Action Means Today -- The People's Two Bodies -- The New Public Philosophy -- Democracy, Difference, and Re-Cognition -- Constitutional Order, Revolutionary Violence and Modern Power -- Agitated Times. (shrink)

The dissertation develops and defends a form of liberalism it calls "deliberative liberalism." The aim of developing this form of liberalism is to show how liberal theory can be sensitive to the importance people place on particular aspects of their practical identities. In particular, the dissertation answers four criticisms of liberalism. Catharine MacKinnon and Michel Foucault claim that liberalism is incapable of attending to the role power plays in constructing our identities, and is thus insensitive to forms of opression (...) tied to those identities. Charles Taylor and James Tully claim that liberalism fails to recognize adequately the depth and breadth of human diversity, and thus winds up exerting normative pressures on liberal citizens. ;Deliberative liberalism revolves around a conception of political philosophy which it takes from the work of Rousseau, Hegel, and John Rawls: that political philosophy should determine the conditions under which otherwise diverse people can come to form a shared will about essential political matters. Deliberative liberalism does this through the articulation of an ideal of reasonable political deliberation conceived as the exchange of public reasons among citizens. This ideal rests on an intersubjective account of reasons, in which the authority of reasons derives from aspects of the practical identities of the reasoners. This central ideal is then supplemented by two principles which prevent the ideal from misfiring. The reciprocity of constructive power principle works to prevent people from imposing particular identities on others. The non-burdensomeness of citizenship principle ensures that the exchange of public reasons serves as a means of recognizing citizens' diverse non-political identities and not effacing them. In the conclusion, connections are drawn between deliberative liberalism and Rawls's "political liberalism.". (shrink)

Fishkin defines tyranny as all acts of public policy which impose severe deprivations upon individuals in circumstances in which such deprivations are avoidable. His argument is that "virtually all of the principles currently prominent in political theory" will in some instances support or legitimate policies which tend to tyranny understood in this way. However, his parochial conception of what counts as currently prominent political theory makes his indictment considerably less universal than he apparently takes it to be. The (...) style, questions, and sources for the book are drawn entirely from the works of the liberal or public choice school in political philosophy. Fishkin’s critique is thus directed only at the kinds of principles developed by writers like Rawls, Nozick, and Buchanan and Tullock; but precisely because it is so wholly within the tradition it criticizes, the book provides a challenge to that tradition which manages to be both fundamental and free from tendentiousness. (shrink)

This dissertation extends John Rawls’s mature theory of justice out to address the environmental challenges that citizens of liberal democracies now face. Specifically, using Rawls’s framework of political liberalism, I piece together a theory of procedural justice to be applied to a constitutional democracy. I show how citizens of pluralistic democracies should apply this theory to environmental matters in a four stage contracting procedure. I argue that, if implemented, this extension to Rawls’s theory would secure background environmental justice. (...) I explain why the theory can be viewed as a partially specified political conception of environmental pragmatism, and how it relates to public environmental policy and discourse. While the framework is anthropocentric, it is one that reasonable non-anthropocentrists can endorse. Using this theory, I argue that liberal democracies must take measures to secure basic environmental rights for all presently existing and future citizens. Measures must also be in place to secure a minimum of social goods (including environmental goods) that guarantees that all citizens (present and future) can exercise their basic rights and liberties. Moreover, disparities in environmental goods should only be tolerated if they arise in accord with Rawls’s principle of fair equality of opportunity. I discuss carbon taxes, as well as carbon allocation trading schemes. I also argue that free democracies should employ precautionary reasoning when attempting to meet the demands of background environmental justice. (shrink)

Liberal egalitarian jurisprudence and critical legal studies have often been at odds, despite sharing a core of set of political and analytical commitments. This paper makes the case for their conciliation in the 21st century on the basis that both traditions have much to offer one another. Liberal egalitarians offer the theoretical tools for developing an egalitarian normative approach to law, and critical legal theorists offer a vital realism about power.

Liberalism has been one of the leading incarnations of political thought for the past two centuries and it was also the first form of political theory to acquire a truly global reach. This volume examines the work of the most pivotal thinkers in the liberal tradition, starting with Montesquieu and proceeding to a wide range of authors from the French Revolution to the present. The book is distinctive in encompassing the wide spectrum of views historically encompassed by (...) liberalism, revealing its geographical as well as intellectual scope by including conceptions of liberalism formed in Latin America, the Middle East and Asia. Twenty-four chapters cover thinkers including Madame de Stael, Alexis de Tocqueville, Abraham Lincoln, John Stuart Mill Ahmad Faris al-Shidyaq, John Dewey, Hu Shih, Hannah Arendt and John Rawls. Each chapter offers a commentary on a short critical passage from the author concerned. Essayists use their chosen passage to explore the meaning and significance of the author's work for both the historical tradition of liberalism and for political thought more generally. The book is organized chronologically, building up a richly detailed overview of the tradition of liberalism and its key writings. The book will be an indispensible companion to courses on liberal thought, on political ideologies and on the history of political thought and will be of interest to students and scholars of politics, philosophy and history. (shrink)

In Political Liberalism, Rawls emphasizes the practical character and aims of his conception of justice. Justice as fairness is to provide the basis of a reasoned, informed and willing political agreement by locating grounds for consensus in the fundamental ideas and values of the political culture. Critics urge, however, that such a politically liberal conception of justice will be designed merely to ensure the stability of political institutions by appealing to the currently-held opinions of actual (...) citizens. In order to evaluate this concern, I suggest, it is necessary to focus on the normative character of Rawls's analysis. Rawls argues that justice as fairness is the conception of justice that citizens of modern democratic cultures should choose in reflective equilibrium, after reflecting fully upon their considered judgments regarding justice. Since judgments in reflective equilibrium are grounded in considered judgment, rather than situated opinions, I argue that the criticism fails. Key Words: justification • objectivity • political liberalism • Rawls • reflective equilibrium. (shrink)

Historically, republicans were of different minds about markets: some, such as Rousseau, reviled them, while others, like Adam Smith, praised them. The recent republican resurgence has revived this issue. Classical liberals such as Gerald Gaus contend that neo-republicanism is inherently hostile to markets, while neo-republicans like Richard Dagger and Philip Pettit reject this characterization—though with less enthusiasm than one might expect. I argue here that the right republican attitude toward competitive markets is celebratory rather than acquiescent and that (...) class='Hi'>republicanism demands such markets for the same reason it requires the rule of law: because both are essential institutions for protecting individuals from arbitrary interference. I reveal how competition restrains—and in the limit, even eradicates—market power and thereby helps us realize “market freedom,” i.e., freedom as non-domination in the context of economic exchange. Finally, I show that such freedom necessitates “Anglo-Nordic” economic policies. (shrink)

The political liberalism of Rawls and Larmore is presented as uniquely able to solve the problems of modern political theory. In the face of a plurality of reasonable comprehensive conceptions of the good, a legitimate liberal state can legislate solely on the basis of a modular conception of justice affirmed from within each reasonable conception. However, it is argued that this view, while restrictive, has to permit the promotion of its own pre-conditions. This demanding duty of civic (...) restraint requires citizens who have been educated for citizen virtue in the context of associational life in civil society. This challenge to expand liberalism to cover its own preconditions at the level of a moral background culture, has usually been levelled by one kind of republican/communitarian (Charles Taylor) or so-called "ethical liberals". It can be met by the adoption of a liberal republicanism that operates within the constraints of Rawls' political liberalism but nevertheless explains and justifies why such a view must treat traditional republican themes such as active citizenship and the importance of associational life. The solution lies in treating these values as option values, in a sense that is explained. (shrink)

The term “judicial restraint,” applied to courts engaged in judicial constitutional review, may refer to any one or more of three possible postures of such courts, which we here will distinguish as “quiescent,” “tolerant,” and “weak-form.” A quiescent court deploys its powers sparingly, strictly limiting the agenda of social disputes on which it will pronounce in the constitution’s name. A tolerant court confirms as valid laws whose constitutional compatibility it finds to be reasonable sustainable, even though it independently would conclude (...) to the contrary. A weak-form court acts on the understanding that its pronouncements on matters constitutional will be duly open to considered rejection by other political agencies. Theory commonly tends to treat the question of judicial restraint as turning on a bedrock political value of democracy. We may also, however, understand debates over judicial restraint in the light of a different bedrock value, that of political legitimacy. Where democracy is the focal concern, debaters may tend toward conflating into one measure the three dimensions of judicial restraint. A focus on legitimacy rather tends toward a dis-bundling of the three dimensions, thus complicating the choices while also clarifying the stakes. The political philosophy of John Rawls helps us to see how and why this occurs. (shrink)

John Rawls’s political liberalism and its ideal of public reason are tremendously influential in contemporary political philosophy and in constitutional law as well. Many, perhaps even most, liberals are Rawlsians of one stripe or another. This is problematic, because most liberals also support the redefinition of civil marriage to include same-sex unions, and as I show, Rawls’s political liberalism actually prohibits same- sex marriage. Recently in Perry v. Schwarzenegger, however, California’s northern federal district court reinterpreted the traditional (...) rational basis review in terms of liberal neutrality akin to Rawls’s “public reason,” and overturned Proposition 8 and established same-sex marriage. (This reinterpretation was amplified in the 9th Circuit Court’s decision upholding the district court on appeal in Perry v. Brown.) But on its own grounds Perry should have drawn the opposite conclusion. This is because all the available arguments for recognizing same-sex unions as civil marriages stem from controversial comprehensive doctrines about the good, and this violates the ideal of public reason; yet there remains a publicly reasonable argument for traditional marriage, which I sketch here. In the course of my argument I develop Rawls’s politically liberal account of the family by drawing upon work by J. David Velleman and H. L. A. Hart, and discuss the implications of this account for political theory and constitutional law. (shrink)

Balancing citizens’ freedom thought, conscience and religion with the authority of the law which applies to all citizens alike presents an especial challenge for the governments of European nations with socially diverse and pluralistic populations. I address this problem from within the republican tradition represented by Machiavelli, Harrington and Madison. Republicans have historically focused on public debate as the means to identify a set of shared interests which the law should uphold in the interests of all. Within pluralistic societies, however, (...) a greater attention must be paid to the background social conditions that may disrupt the deliberative process and lead to factionalism and instability. This includes certain changes in perspectives by both religious and secular citizens. (shrink)

In the longstanding debate between liberals and libertarians over the morality of redistributive labor taxation, liberals such as John Rawls and Ronald Dworkin have consistently taken the position that such taxation is perfectly compatible with individual liberty, whereas libertarians such as Robert Nozick and Murray Rothbard have adopted the (very) contrary position that such taxation is tantamount to slavery. In this paper, I argue that the debate over redistributive labor taxation can be usefully reconstituted as a debate over the incidents (...) (or components) of self-ownership, with liberals arguing for a narrow definition of the concept and libertarians arguing for a broad one. By using what Alan Ryan has called the “language of proprietorship,” I pinpoint precisely the source of the disagreement between liberals and libertarians and assess the relative strengths of their arguments. I also show that the respective definitions of self-ownership used by liberals and libertarians are deeply problematic—though for strikingly different reasons. (shrink)

During the last decade a new utopian horizon has emerged from the radical left: that of a future postcapitalist society in which technological progress and renewable energy finally take care of our material needs while robots do most our work for us, making paid employment a thing of the past. Instead, we can focus on fulfilling our desires and dreaming up new ones, leading lives of luxury and ease. This utopia, often called “fully automated luxury communism," could be reached through (...) opportunistically accelerating features of the existing neoliberal capitalist system. -/- However, behind this vision of a bright, sustainable future lurks a worrying political prospect. I show how the post-capitalist’s philosophical prejudice against work comes at a high political cost. By painting productive activity as mere drudgery that machines will emancipate us from, they also end up giving up on work as the root of radical democratic agency. The luxury communist proposal ends up resembling an extreme case of the neoliberal hegemony that it claims to be fighting against, a centrally ruled world completely focused on private enjoyment of luxury and devoid of any shared understanding of human flourishing on which democratic public life could thrive – a political dystopia. (shrink)

John Rawls’s distinction between a comprehensive liberalism and his political version remains unclear to even his sympathetic critics. They stress his over-reliance on intuitive ideas of a liberal political culture in formulating the original position and its principles of justice. In this article, I argue that Rawls defends his liberal intuitions in a way philosophers might least expect. He conveys the sense of justice that motivates political liberalism through his metaphors. Rawls draws his concept of (...) a well-ordered society – a social union of social unions – from Wilhelm von Humboldt, a seldom-noticed source. Paralleling von Humboldt’s use of musical metaphors, Rawls characterizes liberal democracy as a symphony orchestra. Analyzing this metaphor, I argue, reveals the cultural limitations of Rawls’s overlapping consensus and the political project which undergirds his theory of justice. (shrink)

In this dissertation, I present Marx's conception of ideology as a counterpart of his critical analysis of society. I take exception to current Marxist notions of ideology, and I attempt to show that they correspond to Marxism's failure to develop an historical, material analysis of contemporary society, and its consequent reliance upon an idealist theory of social change. I am ultimately interested in utilizing Marx's theory of ideological critique as the basis for a return to a materially grounded social criticism. (...) ;The thesis begins with an analysis of Marx's early philosophical investigations, showing his concept of ideology emerge with his recognition of a pattern of philosophical abstractions from social movement. Marx's demonstration that nineteenth century economists reduced political economy to a static theory of social distribution and reproduction is contrasted with his theory of the dynamics of social production. ;Marx's anti-ideological methodology decrees, however, a continuing need to reassess the social organism, digging beneath prominent theoretical abstractions to reveal the processes of historical development immanent in present society. Modern Marxism shirks this responsibility, countering the abstractions of liberal theory with its own tired categories of class struggle and false consciousness, offering a moral critique rather than an alternative conception of capitalism. ;I present Althusser's theory of ideological practices as the basis for a renewed interest in the historically specific structures of present society. It grounds my critique of the ideological assumption, shared by Marxism and liberalism, that economic relations have priority in theories of social transformation. Applying Marx's materialist, historical methodology to the analysis of contemporary social relations, I conclude that a post-Marxist theory, emphasizing noneconomic contradictions as sources of instability and immanent social change, is now warranted. The traditional economic oppositions of class and consciousness have, I maintain, been superseded rather than merely conditioned by noneconomic social antagonisms. (shrink)

Myriad contemporary public-policy issues--including physician-assisted suicide, medical marijuana, abortion, surrogate motherhood, gay rights, conscription, and markets in human organs--raise the following important question: what rights should individuals have over their own bodies? The concept of self-ownership offers one way to answer this question. Just as ownership of an external object involves having rights, liberties, powers, immunities, etc., with respect to it, so self-ownership involves having these incidents of ownership with respect to one's own body and labor power. Much of the (...) contemporary debate over self-ownership has been about which of these incidents should be included in its definition. This dissertation endorses a particular configuration of incidents called Control Self-Ownership, consisting of permanent rights in rem of use, exclusion, and transfer over one's own body and labor power. As I show, this conception of self-ownership is coherent--two of its incidents can be either directly or indirectly derived from the third--but it creates difficulties for the political theorists who use it. For example, liberal egalitarians' tentative adoption of CSO forces them to be not only more liberal but also less egalitarian than they would otherwise be, whereas libertarians' efforts to adopt CSO but also extend it to include a right to labor income are unsuccessful, leaving their opposition to redistributive labor taxation ungrounded. The dissertation also shows that CSO can act as a mediating concept between the abstract political value of autonomy and a variety of concrete policy prescriptions, including the decriminalization of victimless crimes and the abolition of forced labor. More specifically, I demonstrate that CSO is tightly linked to autonomy by developing two distinct but interrelated Kantian defenses of it. I also argue that CSO is highly inconsistent with several existing and proposed nonmarket institutions to allocate transplantable human organs but that it can provide moral support for markets in human organs. The dissertation concludes with a critical examination of anticommodificationist and social-contract critiques of self-ownership. (shrink)

This article discusses Jan Narveson's "Welfare and Wealth, Poverty and Justice in Today's World," and "Is World Poverty a Moral Problem for the Wealthy?" and their relation to my "Thinking about the Needy, Justice, and International Organizations." Section 2 points out that Narveson's concerns differ from mine, so that often his claims and mine fail to engage each other. For example, his focus is on the poor, mine the needy, and while many poor are needy, and vice versa, our obligations (...) may differ regarding the poor than regarding the needy. Also, Narveson invokes a narrow conception of morality as those rules that government or society may compel people to follow. Given a broader, more plausible, conception of morality, many of Narveson's claims actually support my substantive views. Section 3 shows that many of Narveson's claims are relevant to the best means of aiding the needy, but do not challenge the validity of that end. This is true, for example, of his claims about the role of poor governments, the importance of freedom, the undesirability of mere "handouts," and the effects of bad economic policies. Section 4 defends the importance of my distinction between acting justly and acting for reasons of justice. It illustrates that on several widely shared conceptions of justice there might be agent-neutral reasons of justice to aid the needy, even if from an agent-relative perspective one would not be acting unjustly if one failed to do so. Section 5 contests Narveson's portrayal of egalitarianism as concerned about inequality of wealth, per se, as insensitive to prior wrongs, and as holding that the worse-off have a right to be made better off at the expense of the well-off. In addition, it rejects Narveson's contention that egalitarians violate impartiality, and aim to impose their personal tastes on others. Section 6 challenges a fundamental assumption underlying Narveson's doctrine of mutual advantage. In addition, it denies that egalitarians are irrational merely because equality can conflict with the pareto principle. More generally, by appealing to impersonal ideals, it challenges the widely held view that the pareto principle is a condition of rationality. Section 7 argues that Narveson's meta-ethical assumptions are controversial, internally inconsistent, in tension with his normative views, and ultimately a version of skepticism. In addition, it challenges Narveson's view about the role intuitions play in moral theory. Section 8 clarifies points where Narveson's discussion of my views may be misleading. Finally, the paper notes the role that moral reasons may play in deliberation and action, but emphasizes the philosophical and theoretical nature of my work. My aim is to determine the moral considerations that are relevant to how people should act regarding the needy. Whether people will actually be moved to so act, for those reasons or otherwise, is another matter. (shrink)

This paper explores John Rawls’s strangely neglected notion, the political conception as educator, which captures how the public political culture can educate citizens. The aim is to elucidate both the idea itself and above all its function in Rawls’s Political Liberalism. After first surveying its main content and some historical parallels, the main body of the paper explores why Rawls places so much trust in the educative effect of institutions and, apparently, so little in schools. Along the (...) way we shall discuss the relation between political liberalism and republicanism, the border disagreement between political conception and comprehensive doctrine, Mackie’s distinction between wide and narrow morality and the importance of trust in Rawls’s view of society. (shrink)

Are government restrictions on hate speech consistent with the priority of liberty? This relatively narrow policy question will serve as the starting point for a wider discussion of the use and abuse of nonideal theory in contemporary political philosophy, especially as practiced on the academic left. I begin by showing that hate speech (understood as group libel) can undermine fair equality of opportunity for historically-oppressed groups but that the priority of liberty seems to forbid its restriction. This tension between (...) free speech and equal opportunity creates a dilemma for liberal egalitarians. Nonideal theory apparently offers an escape from this dilemma, but after examining three versions of such an escape strategy, I conclude that none is possible: liberal egalitarians are indeed forced to choose between liberty and equality in this case and others. I finish the paper by examining its implications for other policy arenas, including markets in transplantable human organs and women’s reproductive services. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Why Political Liberalism? On John Rawls’s Political Turn by Paul WeithmanMatthew ArboWhy Political Liberalism? On John Rawls’s Political Turn Paul Weithman New York: Oxford University Press, 2010. 379 pp. $65.00In Why Political Liberalism? Paul Weithman takes a bifocal look at political liberalism in the Rawlsian tradition. First he interrogates the rationale for John Rawls’s “political turn” from A Theory of Justice (...) to Political Liberalism. Second, he explores the viability of political liberalism in contemporary Western societies. The soundness of the former—the logic of Rawls’s argument, that is—validates the workability of the latter. Weithman argues that the monumental turn in Rawls’s thought is based first on his dissatisfaction with how Theory of [End Page 203] Justice treated the principle of stability, failing as it did to show that “members of a [well-ordered society] would all judge it good to preserve their ‘firm good will’” (369). Liberalism emerged as a potential answer to the question of stability by further elaborating the criteria for fairness and reasonableness in a civil society composed of citizens desirous of justice and who maintain for themselves a “sense” of justice. Weithman affirms Rawls’s explanation of how the virtue of justice is displayed in fairness and reasonableness. Just how monumental this shift turns out to be, however, depends a great deal on how compelling one finds “justice as fairness” to be.In recent decades, reasonable doubts have been expressed over the viability of Rawls’s liberal dictum: whether liberty and equality are mutually reinforcing or parasitic, or whether fairness is too morally opaque to shoot for as a political ideal. Weithman seems to believe the principle sound; it is, after all, merely a descriptive explanation of how justice is upheld politically, not a prescriptive project. Rawls concerned himself with the stability and endurance of political liberalism and with how to achieve fair and rational equilibrium. Why Weithman believes the project of Rawlsian liberalism to be fruitful, or at least philosophically successful, is due at least in part to its repeated appeal to reasonableness—that is, the rational promotion of equal liberty for all citizens. Political liberalism, as a theory, affirms and encourages all that the West values in civil society: We must desire and actively support justice for it to be preserved.This book is intended primarily for Rawls scholars. Weithman assumes his reader to have “fairly sophisticated” acquaintance with Rawls’s major theories and texts, and thus also assumes proficiency in symbolic logic and analytic methods. Weithman furnishes a way around this demand for analytic aptitude from all readers, however, by inviting those “uninterested in textual exegesis” and “content with a general understanding” of why Rawls made his turn to “read selectively” from chapters 3 through 9 (15). Be that as it may, all eleven chapters of this text are dense, rigorous, and tightly argued—standard industry practice in contemporary analytic philosophy. If one can also forebear the methodological vices of analytic philosophy, its propensity for tedious detail and narrowness, then one will eventually enjoy unexpected clarity on the subject under consideration. It will be of value to scholars with interests in the development of Rawlsian thought, the conditions for the possibility of political liberalism, and theories of justice Rawls’s account of liberalism seeks to elucidate.I doubt one unconvinced by Rawls’s political vision will undergo intellectual conversion upon reading Weithman’s Why Political Liberalism?, but that is not the point. His aim is to defend Rawls’s political turn and the project of political liberalism broadly construed. Defense of the former is done rather successfully; defense of the latter may require more voices than Weithman’s. [End Page 204]Matthew ArboUniversity of EdinburghCopyright © 2013 Society of Christian Ethics... (shrink)