Populism – which positions a ‘true people’ in opposition to a corrupt elite – is often contrasted with liberalism. This article initially outlines the incompatibility between populism and normative...

ABSTRACTIn his account of public reason Rawls assumes that some facts ought to be treated as ‘fixed’, or beyond reasonable disagreement. These include, for him, facts upon which there is a scientif...

This paper critiques the version of the argument that the regulation of hateful speech by the state undermines its democratic legitimacy made by Ronald Dworkin and James Weinstein. It argues that in some cases the harmful effects of hateful speech on the democratic process outweigh those of restriction. It does not challenge the central premise of the Legitimacy Argument, that a wide-ranging right to freedom of expression is an essential political right in a liberal democracy. Instead, it uses ideal and (...) nonideal theory as a framework for judgements about the regulation of hate speech. The mistake underpinning the Legitimacy Argument is that it assumes that other conditions pervade that make an ideal democratic procedure possible when they do not. In reality the state can be put in a position where, whatever course of action it takes with regard to the regulation or non-regulation of hate speech, some citizens will not be able to participate fully in political deliberation. Under such conditions there remain strong pro tanto reasons not to regulate hate speech on democratic grounds, but they are not all-things-considered reasons, and there are also pro tanto reasons to regulate hate speech that might outweigh them in some cases. This leads to the cautious conclusion that while there might be a normative justification for the regulation of hate speech in individual instances, the debate is best understood as one between competing pro tanto reasons, and must be approached on a case-by-case basis. (shrink)

Education must be good for something, and personal well-being is a plausible candidate for this role. The informed desired account of personal well-being has particular advantages so far as education is concerned, but it is vulnerable to criticism on grounds relating to the objectivity of prudential value. Accounts which avoid this problem, on the other hand, are exposed to objections from the libertarian standpoint, and in terms of their adequacy to reflect the distinctive value of education. This paper attempts to (...) defend an objectivist account of personal well-being as the value of education against these criticisms. (shrink)

Traditional analytical philosophy of education assigns a peripheral place to physical education, partly because orthodox epistemology finds its cognitive claims implausible. An understandable but dubious response to this state of affairs is the attempt to relocate physical education within the academic curriculum, with its characteristic emphasis on theoretical knowledge and formal assessment. Dissatisfaction with this response suggests an analysis of physical activity in terms of practical knowledge or knowing how, but the results of this seem inconclusive. More recently, the development (...) of neurocomputational and embodied-cognition approaches in cognitive science appears to offer alternative ways of understanding motor skill and physical activity, and thus of rescuing physical education from its marginal status. But these strategies are not unproblematic, particularly where questions of personal agency and motor control are concerned. Examination of these issues prompts a radical reconsideration of the traditional problem of physical education, and consequently of some familiar assumptions in the philosophy of education. (shrink)

In the aftermath of the ‘Brexit’ referendum two pieces of campaign material used by the successful Leave campaign proved controversial: a slogan on the side of a bus fallaciously implying that leaving the EU would necessarily free up £350 million a week for the NHS; and a poster stating that Britain was at “Breaking Point” – purportedly due to an influx of migrants – that was redolent of Nazi propaganda. This paper analyses and develops some criticisms that were levelled at (...) the Leave campaigners who authorised these from the perspective of political liberalism. It concludes that those behind the Breaking Point poster could justifiably have been subject to non-criminal sanction by institutions such as the Electoral Commission, but that this is not the case for the NHS bus. The Breaking Point poster warrants sanction because it belongs to a category of hateful speech that propagates false and discriminatory beliefs about its targets. Where these are disseminated by those in authority or of high status, such as political campaigns, they can strengthen these beliefs amongst the rest of the population. This can lead to members of the targeted group being unable to deliberate effectively as they are not treated with adequate respect in political discussions, which in turn undermines the process of public justification. As a result, it undermines public justification in a way that false factual claims do not, eventhough in this case the NHS slogan appears to have had a greater effect on the referendum result. (shrink)

Policies are often justified to the public with reference to factual claims that most people cannot easily verify or scrutinise because they lack relevant knowledge or expertise. This poses a challenge for theories of public justification which require that laws are justified using reasons that all can accept. Further difficulties arise in cases such as the response to the ongoing COVID-19 pandemic where the factual base of knowledge used to justify policies is limited, subject to a high degree of disagreement (...) amongst experts, and marked by rapid changes. This paper reviews some strategies that public justification theorists might draw on to address the question of how to justify policies that depend on this kind of expert knowledge. Whilst such strategies cohere with existing theories of public justification, they do not yield intuitively attractive recommendations. Ideally, theories of public justification would provide criteria by which to evaluate expert testimony such that it guides and informs, but does not lead, policy making. However, in cases like the pandemic response, theories of public reason currently tend towards recommendations that are intuitively unattractive: either requiring citizens to defer to ‘experts’ in a fairly uncritical way or being overly permissive of most factual claims. (shrink)