This article examines the attempts by John Rawls in the works published after Political Liberalism to engage with some of the feminist responses to his work. Rawls goes a long way toward addressing some of the major feministliberal concerns. Yet this has the unintended consequence of pushing justice as fairness in the direction of a more comprehensive, rather than a strictly political, form of liberalism. This does not seem to be a problem peculiar to Rawls: rather, any (...) form of liberalism hospitable to feminist concerns must be, at the very least, a partly comprehensive, rather than a strictly political, doctrine. (shrink)

For well over a decade, much of liberal political theory has accepted the founding premise of Rawls's political liberalism, according to which the fact of reasonable pluralism renders comprehensive versions of liberalism incoherent. However, the founding premise presumes that all comprehensive doctrines are moral doctrines. In this essay, the author builds upon recent work by Allen Buchanan and develops a comprehensive version of liberalism based in a partially comprehensive social epistemic doctrine. The author (...) then argues that this version of liberalism is sufficiently accommodating of the fact of reasonable pluralism. The conclusion is that the founding premise of political liberalism admits of a counterexample; there is a version of comprehensive liberalism that is sufficiently pluralistic. (shrink)

In Liberalism without Perfection Jonathan Quong defends a form of political liberalism; that is, a political philosophy that answers ‘no’ to both the following questions: 1. Must liberal political philosophy be based in some particular ideal of what constitutes a valuable or worthwhile human life, or other metaphysical beliefs? 2. Is it permissible for a liberal state to promote or discourage some activities, ideals, or ways of life on grounds relating to their inherent or intrinsic value, or on (...) the basis of other metaphysical claims? In these remarks, I respond to Quong’s arguments against those of his rivals who answer ‘Yes’ to his first question by dint of their comprehensive commitment to an ideal of individual autonomy. One of these, which Quong calls ‘comprehensive antiperfectionism’, answers ‘Yes’ to Question 1 and ‘No’ to Question 2. The other, which answers ‘Yes’ to both, he calls (comprehensive) ‘liberal perfectionism’. Quong poses these positions a dilemma: they cannot consistently be both comprehensive (by retaining their commitment to autonomy) and liberal (by ruling out the sort of coercive interference in people’s choices which is beyond the liberal pale). I argue on the contrary that a comprehensive commitment to autonomy actually demands a general injunction against such coercive interference, because responsibility is an important component of the autonomous life, and coercion always undermines responsibility. So, Quong’s dilemma is unsuccessful. (shrink)

In this paper, I looked into the debate between feminism and multiculturalism via the works of Susan Moller Okin, Will Kymlicka and Martha C. Nussbaum. After analyzing Susan Okin's position in "Is Multiculturalism Bad For Women?", I tried to locate Okin's problematic stance towards multiculturalism in her specific form of feminist comprehensive liberalism, whilst defending Nussbaum's less problematic version of political liberalism.

John Rawls raises three challenges – to which one can add a fourth challenge – to an impartial spectator account: (a) the impartial spectator is a utility-maximizing device that does not take seriously the distinction between persons; (b) the account does not guarantee that the principles of justice will be derived from it; (c) the notion of impartiality in the account is the wrong one, since it does not define impartiality from the standpoint of the litigants themselves; (d) the account (...) would offer a comprehensive, rather than a political, form of liberalism. The narrow aim of the article is to demonstrate that Adam Smith's impartial spectator account can rise to Rawls's challenges. The broader aim is to demonstrate that the impartial spectator account offers the basis for a novel and alternative framework for developing principles of justice, and does so in the context of a political form of liberalism. (shrink)

The paper argues that Rawls’ critique of perfectionism from the standpoint of neutral liberalism scrutinizes the conceptions of the good without demarcation between them, that is, without distinguishing whether they are comprehensive religious or philosophical conceptions, or whether they are piecemeal comprehensions of local values, concepts and goods. In addition to the high contestability in the use of the concept of comprehensiveness, it is necessary to retain the concept of reasonableness, as comprehensions of the good have to be (...) to some extent well-founded, consistent and coherent to be considered relevant in a political dispute. Considering these distinctions, it can be claimed that, in particular cases, the application of considerations of the good in disputes concerning constitutional essentials can be supported and, considering reasonable pluralism, morally justified. Nevertheless, moderate perfectionism has to specify whether political decisions create and support options, promote valuable goods or they discourage worthless goods. It is necessary to delineate the limits of perfectionistic measures accordingly. (shrink)

In this paper I argue that Rawlsians have largely misunderstood the idea of an overlapping consensus of reasonable comprehensive doctrines, thereby failing to delineate in an appropriate way the place of comprehensive doctrines in political liberalism. My argument rests on two core claims. The first claim is that (i) political liberalism is committed to three theses about the overlapping consensus. The first thesis concerns the subject of the overlapping consensus; the second thesis concerns the function of (...) the overlapping consensus; the third thesis explains how the overlapping consensus can serve its function in accordance with political liberalism’s commitment to epistemic neutrality. The second claim on which my argument relies is empirical: (ii) Rawlsians typically deny at least one of the three theses to which political liberalism is committed. Based on (i) and (ii), I conclude that Rawlsians have hitherto provided unconvincing accounts of the place of comprehensive doctrines in political liberalism. (shrink)

In his last works, John Rawls explicitly argued for an overlapping consensus on a family of reasonable liberal political conceptions of justice, rather than just one. This ‘Deep Version’ of political liberalism opens up new questions about the relationship between citizens’ political conceptions, from which they must draw and offer public reasons in their political advocacy, and their comprehensive doctrines. These questions centre on whether a reasonable citizen’s choice of political conception can be influenced by her comprehensive (...) doctrine. In this paper I present two models of the relationship, which give contrasting answers to these questions, and defend the model that is more permissive with regard to the influence of comprehensive doctrines. This has important implications for our understanding of Rawlsian political liberalism, and reduces the force of objections that have been offered by theorists sympathetic to religion. (shrink)

Public reason liberals from John Rawls to Gerald Gaus uphold a principle of public justification as a core commitment of their theories. Critics of public reason liberalism have sometimes conceded that there is something compelling about the idea of public justification. But so far there have not been many attempts to elaborate and defend a ‘comprehensive’ liberalism that incorporates a principle of public justification. This article spells out how public justifiability could be integrated into a comprehensive (...) liberalism and defends the claim that what is worthwhile about public justification can be extracted from public reason liberalism. (shrink)

Citizens are politically autonomous insofar as they are subject to laws that are (a) justified by reasons acceptable to them and (b) authorized by them via their political institutions. An obstacle to the equal realization of political autonomy is the plurality of religious, moral, and philosophical views endorsed by citizens. Decisions regarding certain fundamental political issues (e.g., abortion) can involve citizens imposing political positions justified in terms of their respective worldviews upon others. Despite citizens’ disagreements over which worldview is correct, (...) ‘political liberalism’ claims that there is a form of political autonomy that is realizable within pluralist societies. (Political liberalism differs from ‘comprehensive liberalism’ by, inter alia, being ‘freestanding’ vis-à-vis citizens’ different worldviews.) Citizens can be politically autonomous if they enjoy equal political power and justify its exercise with ‘public reasons.’ A political liberal education would aim at ensuring that all students can become politically autonomous citizens by teaching them how to exercise their democratic rights effectively and how to engage in public reasoning. Some political and educational theorists, however, argue that teaching students how to be politically autonomous amounts to teaching them how to be ‘comprehensively’ autonomous. If this is so, then the distinction between political liberalism and comprehensive liberalism collapses, at least with respect to education. This chapter outlines the main elements of political liberalism, summarizes the main requirements of a political liberal citizenship education, and surveys three arguments in support of and against the thesis that a political liberal education amounts to an education for comprehensive autonomy. (shrink)

Martha Nussbaum grounds her version of the capabilities approach in political liberalism. In this paper, we argue that the capabilities approach, insofar as it genuinely values the things that persons can actually do and be, must be grounded in a hybrid account of liberalism: in order to show respect for adults, its justification must be political; in order to show respect for children, however, its implementation must include a commitment to comprehensive autonomy, one that ensures that children (...) develop the skills necessary to make meaningful choices about whether or not to exercise their basic capabilities. Importantly, in order to show respect for parents who do not necessarily recognize autonomy as a value, we argue that the liberal state, via its system of public education, should take on the role of ensuring that all children within the state develop a sufficient degree of comprehensive autonomy. (shrink)

John Rawls claims that the kind of citizenship education required by political liberalism demands ‘far less’ than that required by comprehensive liberalism. Many educational and political theorists who have explored the implications of political liberalism for education policy have disputed Rawls's claim. Writing from a comprehensive liberal perspective, Amy Gutmann contends that the justificatory differences between political and comprehensive liberalism generally have no practical significance for citizenship education. Political liberals such as Stephen Macedo (...) and Victoria Costa maintain that political liberalism requires a form of citizenship education that is far more demanding than that suggested by Rawls. Gordon Davis and Blain Neufeld, in contrast, defend Rawls's position. These different views have implications for the content of mandatory citizenship education, understanding of the ‘common school ideal,’ and the scope for educational choice within the framework of political liberalism. However, the differences between Gutmann, Macedo, and Costa, on the one hand, and Davis and Neufeld, on the other, might be attributable, at least in part, to their different foci. Gutmann, Macedo, and Costa focus on non-ideal theory, specifically the contemporary American context, whereas Davis and Neufeld begin, as does Rawls, within ideal theory, and consider non-ideal circumstances from that perspective. (shrink)

In this paper we argue that John Rawls’s account of political liberalism requires a conception of mutual respect that differs from the one advanced in A Theory of Justice. We formulate such a political liberal form of mutual respect, which we call ‘civic respect.’ We also maintain that core features of political liberalism – in particular, the ideas of ‘the burdens of judgment’ and ‘public reason’ – do not commit political liberalism to an ideal of personal autonomy, (...) contrary to claims made by various commentators. Furthermore, we maintain that teaching the idea of ‘public reason’ to students in civic education courses does not threaten their ‘ethical integrity.’ On the basis of these points, we maintain – against political and educational theorists like Eamonn Callan and Amy Gutmann – that political liberalism permits a wider range of educational policy options, including some ‘school choice’ policies, than most forms of comprehensive liberalism. We conclude the article by considering some such policies. (shrink)

_"One of the most important political books of 2018."—Rod Dreher, ___American Conservative__ Of the three dominant ideologies of the twentieth century—fascism, communism, and liberalism—only the last remains. This has created a peculiar situation in which liberalism’s proponents tend to forget that it _is _an ideology and not the natural end-state of human political evolution. As Patrick Deneen argues in this provocative book, liberalism is built on a foundation of contradictions: it trumpets equal rights while fostering incomparable material (...) inequality; its legitimacy rests on consent, yet it discourages civic commitments in favor of privatism; and in its pursuit of individual autonomy, it has given rise to the most far-reaching, comprehensive state system in human history. Here, Deneen offers an astringent warning that the centripetal forces now at work on our political culture are not superficial flaws but inherent features of a system whose success is generating its own failure. (shrink)

Liberal societies conventionally treat religion as unique under the law, requiring both special protection and special containment. But recently this idea that religion requires a legal exception has come under fire from those who argue that religion is no different from any other conception of the good, and the state should treat all such conceptions according to principles of neutrality and equal liberty. Cécile Laborde agrees with much of this liberal egalitarian critique, but she argues that a simple analogy between (...) the good and religion misrepresents the complex relationships among religion, law, and the state. Religion serves as more than a statement of belief about what is true, or a code of moral and ethical conduct. It also refers to comprehensive ways of life, political theories of justice, modes of voluntary association, and vulnerable collective identities. Disaggregating religion into its various dimensions, as Laborde does, has two clear advantages. First, it shows greater respect for ethical and social pluralism by ensuring that whatever treatment religion receives from the law, it receives because of features that it shares with nonreligious beliefs, conceptions, and identities. Second, it dispenses with the Western, Christian-inflected conception of religion that liberal political theory relies on, especially in dealing with the issue of separation between religion and state. As a result, Liberalism's Religion offers a novel answer to the question: Can Western theories of secularism and religion be applied more universally in non-Western societies?--. (shrink)

This study addresses the complex and often fractious relationship between liberal political theory and difference by examining how distinctive liberalisms respond to human diversity. Drawing on published and unpublished writings, private correspondence and lecture notes, the study offers comprehensive reconstructions of Immanuel Kant's and John Stuart Mill's treatment of racial, cultural, gender-based and class-based difference to understand how two leading figures reacted to pluralism, and what contemporary readers might draw from them. The book mounts a qualified defence of Millian (...) liberalism against Kantianism's predominance in contemporary liberal political philosophy, and resists liberalism's implicit association with imperialist domination by showing different divergent responses to diversity. Here are two distinctive liberal visions of moral and political life. (shrink)

Political liberalism holds that political decisions should be made on the basis of public considerations, and not on the basis of comprehensive religious, moral, or philosophical views. An important objection to this view is that it presupposes doubt, hesitation, or skepticism about the truth of comprehensive doctrines on the side of reasonable citizens. Proponents of political liberalism, such as John Rawls and Jonathan Quong, successfully defend political liberalism against several objections of this kind. In this (...) paper, I argue that recent developments in the epistemology of disagreement require us to revisit these skeptical concerns. I will argue that the correct understanding of political liberalism’s epistemic commitments, in combination with a conciliatory view about peer disagreement, lead to a new skeptical problem for political liberalism. All reasonable citizens who also hold a set of religious, moral, or philosophical beliefs, I will argue, suffer from a breakdown of epistemic rationality. I will show that existing answers to skeptical objections fail to resolve this problem. (shrink)

The author builds upon recent work by Allen Buchanan and develops a comprehensive version of liberalism based in a partially comprehensive social epistemic doctrine. The author then argues that this version of liberalism is sufficiently accommodating of the fact of reasonable pluralism. The conclusion is that the founding premise of political liberalism admits of a counterexample; there is a version of comprehensive liberalism that is sufficiently pluralistic.

Baruch de Spinoza (1632-1677)--often recognized as the first modern Jewish thinker--was also a founder of modern liberal political philosophy. This book is the first to connect systematically these two aspects of Spinoza's legacy. Steven B. Smith shows that Spinoza was a politically engaged theorist who both advocated and embodied a new conception of the emancipated individual, a thinker who decisively influenced such diverse movements as the Enlightenment, liberalism, and political Zionism. Focusing on Spinoza's Theologico-Political Treatise, Smith argues that Spinoza (...) was the first thinker of note to make the civil status of Jews and Judaism (what later became known as the Jewish Question) an essential ingredient of modern political thought. Before Marx or Freud, Smith notes, Spinoza recast Judaism to include the liberal values of autonomy and emancipation from tradition. Smith examines the circumstances of Spinoza's excommunication from the Jewish community of Amsterdam, his skeptical assault on the authority of Scripture, his transformation of Mosaic prophecy into a progressive philosophy of history, his use of the language of natural right and the social contract to defend democratic political institutions, and his comprehensive comparison of the ancient Hebrew commonwealth and the modern commercial republic. According to Smith, Spinoza's Treatise represents a classic defense of religious toleration and intellectual freedom, showing them to be necessary foundations for political stability and liberal regimes. In this study Smith examines Spinoza's solution to the Jewish Question and asks whether a Judaism, so conceived, can long survive. (shrink)

This first comprehensive commentary on The Spirit of the Laws uncovers and explicates the plan of Montesquieu's famous but baffling treatise. Pangle brings to light Montesquieu's rethinking of the philosophical groundwork of liberalism, showing how The Spirit of the Laws enlarges and enriches the liberal conception of natural right by means of a new appeal to History as the source of basic norms.

The distinction between ‘comprehensive’ and ‘political’ liberalisms, explored in the previous chapter, has become central to contemporary political theory. My aim in this chapter is to examine various ‘comprehensive’ liberalisms, with particular care to identifying in what sense they are comprehensive. As I have argued elsewhere (Gaus, 2003: chap. 7), the distinction between political and comprehensive liberalisms is elusive. Rawls repeatedly describes as ‘comprehensive’ ‘philosophical’, ‘moral’ and ‘religious’ ‘doctrines’ (1996: xxv, 4, 36, 38, 160) or (...) ‘beliefs’ (1996: 63). Indeed, so often does Rawls characterize comprehensiveness in terms of moral, religious and philosophical doctrines or beliefs that a reader may be tempted to conclude that doctrine C is comprehensive if and only if it is a moral, religious or philosophical doctrine or belief. But though it is tempting to understand ‘comprehensive conceptions’ in this way, it would be wrong. Rawls is clear that ‘the distinction between the political conception and other moral conceptions is a matter of scope; that is, the range of subjects, to which a conception applies and the content a wider range requires’ (1996: 13). Comprehensive and general doctrines cover a wide range of topics, values and ideals applicable to various areas of life. Even given the terms of Rawls’s own analyses, rather than conceiving of comprehensive liberalisms as all relying on a fully comprehensive doctrine, it is better to conceive of them in terms of a spectrum of theories, from those that rely on something like a fully comprehensive view to those that rely on, say, only a general theory of the right. In this chapter I shall focus on the following versions of comprehensive liberalism. (shrink)

In Equal Citizenship and Public Reason, Watson and Hartley dispute the claim that Rawls’s doctrine of political liberalism must tolerate gender hierarchy because it counts conservative and orthodox religions as reasonable comprehensive doctrines. I argue that their defense in fact contains two arguments, both of which fail. The first, which I call the “Deliberative Equality Argument”, fails because it does not establish conclusively that political liberalism’s demand for equal citizenship forbids social practices of domination, as the authors (...) contend. The second, which I call the “Equal Liberties Argument”, fails because it supports a particular version of political liberalism and not the doctrine itself. (shrink)

According to political liberalism, laws must be justified to all citizens in order to be legitimate. Most political liberals have taken this to mean that laws must be justified by appeal to a specific class of ‘public reasons’, which all citizens can accept. In this paper I defend an alternative, convergence, model of public justification, according to which laws can be justified to different citizens by different reasons, including reasons grounded in their comprehensive doctrines. I consider three objections (...) to such an account—that it undermines sincerity in public reason, that it underestimates the importance of shared values, and that it is insufficiently deliberative—and argue that convergence justifications are resilient to these objections. They should therefore be included within a theory of political liberalism, as a legitimate form of public justification. This has important implications for the obligations that political liberalism places upon citizens in their public deliberations and reason-giving, and might make the theory more attractive to some of its critics, particularly those sympathetic to religious belief. (shrink)

Timothy Michael Fowler has argued that, as a consequence of their commitment to neutrality in regard to comprehensive doctrines, political liberals face a dilemma. In essence, the dilemma for political liberals is that either they have to give up their commitment to neutrality (which is an indispensible part of their view), or they have to allow harm to children. Fowler’s case for this dilemma depends on ascribing to political liberals a view which grants parents a great degree of freedom (...) in deciding on the education of their children. I show that ascribing this view to political liberals rests upon a misinterpretation of political liberalism. Since political liberals have access to reasons based upon the interests of children, they need not yield to parent’s wishes about the education of their children. A correct understanding of political liberalism thus shows that political liberals do not face the dilemma envisaged by Fowler. (shrink)

Rawlsian political liberalism is often rejected by feminist philosophers on the grounds that it reinstates a problematic public/private divide and includes sexist comprehensive doctrines as reasonable. My dissertation reclaims a revised version of Rawlsian political liberalism for feminist objectives. Using children who are raised in accordance with sexist comprehensive doctrines as a test case, I investigate the permissible limitations for reasonable pluralism. In the first half of my dissertation, I investigate challenges posed to Rawlsian stability and (...) civic education. I argue that Rawlss aim of making reasonableness broadly inclusive for political purposes is in tension with his goal of using reasonableness to delineate the scope of liberal legitimacy. To resolve this tension, I suggest that we separate liberal legitimacy from reasonableness. I then broaden the analysis by exploring the implications of the bifurcation of reasonableness for both feminism and political liberalism. I argue that the resulting theory is a defensible version of political liberalism that serves some crucially important feminist aims without becoming a comprehensive feminist theory. (shrink)

In this article, I shall contend that Rawlsian public reason liberalism (PRL) is in tension with non-anthropocentric environmentalism. I will argue that many reasonable citizens reject non-anthropocentric values, and PRL cannot allow them to be used as the justification for ecological policies. I will analyse attempts to argue that PRL can incorporate non-anthropocentric ideas. I shall consider the view, deployed by theorists such as Derek Bell and Mark A. Michael, that PRL can make a distinction between constitutional essentials and (...) non-essentials, and therefore ecocentric values can be employed when only non-essentials are at stake. I will also consider Simon Hailwood’s argument that PRL can incorporate concern for nature based on its ‘otherness’. I shall conclude that both positions fail to rebut the claim that PRL excludes non-anthropocentric viewpoints. I will consider the question of whether PRL’s exclusion of non-anthropocentric ethics is a problem, and I shall show that appealing to purely anthropocentric arguments leads to a variety of unpalatable conclusions. I will suggest that comprehensive liberalism can include non-anthropocentric concerns, and hence is superior from an environmental perspective. (shrink)

(Please note: the main ideas of this paper are restated in revised/developed form in: "On actualist and fundamental public justification in political liberalism" and "Patterns of justification: on political liberalism and the primacy of public justification". Both papers are available from philpapers.) The paper suggests the deep view of Rawls-type public justification as promising, non-ideal theory variant of an internal conception of political liberalism. To this end, I demonstrate how the deep view integrates a range of ideas, (...) views and commitments at the core of political liberalism’s justification structure, including pro tanto justification, full justification, political values and their priority, justificatory neutrality, the role of reasonable comprehensive views, the nature public reasons, the wide view of public political culture, the role of overlapping consensus and political legitimacy, and not least, the status of reflective equilibrium and the Original Position. I then contrast the deep view with Quong’s ideal theory variant if the internal conception, and argue that we should prefer the deep view. Thus, the prospects of political liberalism depend not so much on whether we find ways to make ideal theory relevant for non-ideal purposes. Rather, it depends on whether political liberalism can devise a credible response to the problem of public dogma. (shrink)

In this chapter, I consider the problem children, conceived of as future citizens, pose to understanding the scope and limits of Rawls’s Political Liberalism by focusing on the civic education of children. Can a politically liberal state provide all children the opportunity to become reasonable citizens? Or does the cultivation of reasonableness require comprehensive liberalism? I show that educating children to become reasonable in the way Rawls outlines imposes a demanding requirement that conflicts with Rawls’s aim of (...) including a wide constituency in the scope of political liberalism. Rawls’s aim of making reasonableness broadly inclusive for political purposes is in tension with his goal of using reasonableness as the standard that delineates the scope of liberal legitimacy. I argue that political liberalism can and should try to cultivate the reasonableness of its future citizens through the civic education of children. However, a defensible version of political liberal civic education requires introducing a bifurcation within Rawls’s conception of reasonableness. A political liberal form of civic education should aim towards the inclusive scope of reasonableness by cultivating reasonableness in only two of what appear to be three senses that Rawls emphasizes. Teaching children that legitimacy requires embracing public reason demands more than may be justifiably required by a state that seeks to be broadly inclusive. (shrink)

Imposing Values provides an even-handed characterization of the differences between modern liberalism and classical liberalism about the proper scope of government. It also systematically and comprehensively discusses arguments for and against various regulatory regimes favored by modern liberals and opposed by classical liberals.

Rawls hoped to meet these critics on their own ground by accepting that a comprehensive liberal position cannot be vindicated and by showing how a less ambitious, merely political, version of liberalism could be vindicated. His conception of political liberalism was less ambitious in two ways. In the first place its substantive normative claims were confined to the domain of politics: all he aspired to was a liberal theory of justice. Secondly, he argued that liberalism could (...) dispense with metaphysical and moral foundations: liberal justice could be vindicated as “political not metaphysical.” Since the publication of Political Liberalism, the term ‘political liberalism’ has increasingly been used to indicate this quite specific version of liberalism, whose normative claims are merely political, and which purports not to draw on “comprehensive moral doctrines,” or on unsustainable metaphysical claims. (shrink)

John Gray argues that the modern conception of man is common for all variants of the liberal tradition. The version of liberalism which is defended in this paper cannot be called ‘classical’ because it refuses the conception in question (it refuses such elements of it as, for example, claims of universality, idea of neutral Reason, idea of human nature). That is why the best label which can be given to it is ‘postmodern’ or ‘communitarian’ liberalism. Moreover, postmodern (...) class='Hi'>liberalism does not express any reluctance toward community as such. It only requires a community which respects the rights of individuals to autonomous, moral and comprehensive choices. In this sense one can say that postmodern liberalism renounces anti-social biases while remaining faithful to individualism, which - starting with the social and the common - arrives at the truly individual. In this way it can revitalize the sense and meaning of humanism understood as the idea of life of human beings who can create their own lives independently and freely in the political and social milieu, promoting justice and solidarity. (shrink)

This article suggests a Kantian reading of Rawls’s Political Liberalism. As much as Rawls distanced himself from a presentation of his theory in terms of a comprehensive Kantian moral doctrine, we ought to read it as a noncomprehensive Kantian moral-political theory. According to the latter approach, the liberal conception of justice is compatible with a plurality of comprehensive doctrines as long as they share the independently defined and grounded essentials of that conception of justice—that is, as long (...) as they are “reasonable,” to use the term that does most of the Kantian work. (shrink)

In this paper, I critically assess John Rawls' repeated claim that the duty of civility is only a moral duty and should not be enforced by law. In the first part of the paper, I examine and reject the view that Rawls' position may be due to the practical difficulties that the legal enforcement of the duty of civility might entail. I thus claim that Rawls' position must be driven by deeper normative reasons grounded in a conception of free speech. (...) In the second part of the paper, I therefore examine various arguments for free speech and critically assess whether they are consistent with Rawls' political liberalism. I first focus on the arguments from truth and self-fulfilment. Both arguments, I argue, rely on comprehensive doctrines and therefore cannot provide a freestanding political justification for free speech. Freedom of speech, I claim, can be justified instead on the basis of Rawls' political conception of the person and of the two moral powers. However, Rawls' wide view of public reason already allows scope for the kind of free speech necessary for the exercise of the two moral powers and therefore cannot explain Rawls' opposition to the legal enforcement of the duty of civility. Such opposition, I claim, can only be explained on the basis of a defence of unconstrained freedom of speech grounded in the ideas of democracy and political legitimacy. Yet, I conclude, while public reason and the duty of civility are essential to political liberalism, unconstrained freedom of speech is not. Rawls and political liberals could therefore renounce unconstrained freedom of speech, and endorse the legal enforcement of the duty of civility, while remaining faithful to political liberalism. (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 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)

Liberalism is a term employed in a dizzying variety of ways in political thought and social science. This essay challenges how the liberal tradition is typically understood. I start by delineating different types of response—prescriptive, comprehensive, explanatory—that are frequently conflated in answering the question “what is liberalism?” I then discuss assorted methodological strategies employed in the existing literature: after rejecting “stipulative” and “canonical” approaches, I outline a contextualist alternative. Liberalism, on this account, is best characterised as (...) the sum of the arguments that have been classified as liberal, and recognised as such by other self-proclaimed liberals, over time and space. In the remainder of the article, I present an historical analysis of shifts in the meaning of liberalism in Anglo-American political thought between 1850 and 1950, focusing in particular on how Locke came to be characterised as a liberal. I argue that the scope of the liberal traditionexpanded during the middle decades of the twentieth century, such that it came to be seen by many as the constitutive ideology of the West. This capacious understanding of liberalism was a product of the ideological wars fought against “totalitarianism” and assorted developments in the social sciences. Today we both inherit and inhabit it. (shrink)

This article offers a critique of John Rawls’s great work, Political Liberalism, from a non-Rawlsian liberal standpoint. It argues that Rawlsian political liberalism is influenced as much by a comprehensive view I call “radical-democracy” as by comprehensive liberal views. This can be seen in Rawls’s account of some of political liberalism’s fundamental ideas—notably the idea of society as a fair system of cooperation, the “liberal” principle of legitimacy, and the idea of public reason. I further (...) argue that Rawls’s impressive attempt to unify liberal and democratic traditions philosophically obscures the prudent liberal attitude to democracy, which remains sound. (shrink)

In this paper, the author engages William Galston's recent attempt to revive the Berlinian project of developing a comprehensive theory of liberalism from value pluralist premises. The author's argument maintains that, despite Galston's attempts, the value pluralist in fact has no resources with which to recommend a liberal political order over a variety of illiberal regimes, and that, further, Galston's own justificatory strategy is indistinguishable from the later Rawls's noncomprehensive, ‘political' liberalism. Although the argument engages the work (...) of Berlin and Galston in particular, the primary aim is to preserve the intuition, common to Rawls, Brian Barry, Ronald Dworkin, and John Gray, that value pluralism is inconsistent with comprehensive liberalism. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Liberalism, Art, and FundingDale Francis MurrayLiberalism, Art, and FundingSince Ronald Dworkin published A Matter of Principle, a host of critics have attempted to systematically dismantle his arguments advocating state support for the arts that appear in a chapter entitled, "Can a Liberal State Support Art?"1 The combined critical force of Noël Carroll, Samuel Black, and most recently, Harry Brighouse, has dislodged the main supports of Dworkin's position on (...) this subject.2 However, while I am skeptical that the arguments of liberals who endorse state support for the arts can be fully resurrected, I reckon that a few remarks can be presented to try to deflect at least a fraction of the contentions cast on Dworkin's argument by the critics listed above. In order to refine our understanding of precisely why state support for cultural expression should or should not be permitted, it is imperative that some sort of response to the critics of state support for the arts is offered.In this essay, I focus primarily on Brighouse's objections that Dworkin's arguments supporting arts funding fail primarily because they are not sensitive enough to the ways in which such support violates two demands of justice in a liberal state — state neutrality and publicity. I examine these two objections since they seem to be the most interesting, compelling, and damaging to Dworkin's case if substantiated. If Brighouse is correct, these violations act as heavy bulwarks against state support for arts funding, especially since public distrust of the state's intent (and the state's perceived advocacy of notions of the good with which the public disagrees) is high. I will employ Brighouse's neutrality of intent constraint, because it best represents the alleged specific violations of state neutrality that may undermine Dworkin's case. Additionally, neutrality of intent is the most plausible form of neutrality for advocates of public arts funding to build a case for in the space of a short essay.I also wish to make a distinction, which for the most part, is ignored by Dworkin's critics — that there is a degree to which moral value and aesthetic value are different and that this effects a possible alternative reading of the term "ways of life" as most liberals understand it. As a final note of preface, I will assume that the background conditions of income and wealth are just.3 This proviso will become important when we examine the role of the market in funding arts projects in lieu of the government. Now let us reiterate the two requirements of any just liberal state that are at issue when considering the legitimacy of state support for the arts. [End Page 116]Brighouse sets the pair of constraints on any just liberal state (neutrality and publicity) as the centerpieces of his essay. Neutrality of intent, that he appeals to more specifically, can be understood to mean, as Brighouse himself explains, "[T]hat while it is unobjectionable that state actions will have differential effects on conceptions of the good, the government should not intend to favor some conceptions over others" (NPS, 38, emphasis mine). The publicity constraint can be characterized by saying that in any just, liberal regime, justice must not only be done, but it must also be seen as being done. While this serves as the motto of the publicity constraint, it is significant to acknowledge that it stipulates that the real reasons for governmental action must be comprehensible to, and available for inspection by, reasonable citizens. In addition, it must be readily apparent to citizens that the demands of justice are being met. I will return to this constraint on the state later in this essay.Neutrality is of chief interest, since recent liberal political philosophers have emphasized the primacy of the right over the good (RLD, 245). Presumably, individuals, via their rational autonomy, shall define the good for themselves beyond the dictates of government. Our morality is our own personal affair, just so long as we remain within the confines of the harm principle and do not violate the equal liberty of others.On the surface, it is not apparent that state funding for the... (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 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 argues that political liberalism, of the type formulated by John Rawls and Charles Larmore and further developed in Amartya Sen and Martha Nussbaum's capabilities approach, is superior to more comprehensive political views both in domestic and in global affairs. Perfectionist liberalism as advocated by John Stuart Mill and Joseph Raz attempts to erase existing religions and replace them with the religion of utility or autonomy. This is wrong, because in the ethico-religious environment of reasonable disagreement (...) that we inhabit all comprehensive forms of political morality pose a threat to people's liberty and equality. Only thin and narrow conceptions of value like the ones suggested by Rawls, Larmore, Sen, and Nussbaum can guarantee the respect for diversity that is needed in a pluralistic world. Although Rawls famously failed to extend this idea from domestic to transnational matters, the argument of the article is that not only do the principles of political liberalism apply to global mat.. (shrink)

Supporters of Justificatory Liberalism (JL)—such as John Rawls and Gerard Gaus—typically maintain that the state may not coerce its citizens on matters of constitutional essentials unless it can provide public justification that the coerced citizens would be irrational in rejecting. The state, in other words, may not coerce citizens whose rejection of the coercion is based on their reasonable comprehensive doctrines (i.e., worldviews). Proponents of the legal recognition of same-sex marriage (SSM) usually offer some version of JL as (...) the most fundmental reason why laws that recognize marriage only if it is a union between one man and one woman are unjust. In this article I argue that the application of JL in support of legal recognition of SSM does not succeed because the issue under scrutiny—the nature of marriage—is deeply embedded in, and in most cases integral to, many (if not most) citizens’ reasonable comprehensive doctrines. Thus, I argue that because of the effects and consequences of the legal recognition of SSM, it results (or will result) in a violation of JL against dissenting citizens. (shrink)

abstract According to “legal moralism” it is part of law's proper role to “enforce morality as such”. I explore the idea that legal moralism runs afoul of morality itself: there are good moral reasons not to require by law all that there is nevertheless good moral reason to do. I suggest that many such reasons have broad common‐sense appeal and could be appreciated even in a society in which everyone completely agreed about what morality requires. But I also critique legal (...) moralism from the special perspective of liberal political justice. Liberalism requires that citizens who disagree with one another on a number of morally significant matters nevertheless coexist and cooperate within a political framework of basic rights protections. When it comes to working out the most basic terms of their political association, citizens are expected to address one another within the limits of what Rawls has called “public reason”. Critics of liberalism claim that this is an essentially a‐moral (or expedient) attempt to evade substantive moral issues — such as the moral status of the fetus. I argue, on the contrary, that liberalism's emphasis on public reason is itself grounded in very deep — though (suitably) “non‐comprehensive”— moral considerations. (shrink)

abstract According to “legal moralism” it is part of law's proper role to “enforce morality as such”. I explore the idea that legal moralism runs afoul of morality itself: there are good moral reasons not to require by law all that there is nevertheless good moral reason to do. I suggest that many such reasons have broad common‐sense appeal and could be appreciated even in a society in which everyone completely agreed about what morality requires. But I also critique legal (...) moralism from the special perspective of liberal political justice. Liberalism requires that citizens who disagree with one another on a number of morally significant matters nevertheless coexist and cooperate within a political framework of basic rights protections. When it comes to working out the most basic terms of their political association, citizens are expected to address one another within the limits of what Rawls has called “public reason”. Critics of liberalism claim that this is an essentially a‐moral (or expedient) attempt to evade substantive moral issues — such as the moral status of the fetus. I argue, on the contrary, that liberalism's emphasis on public reason is itself grounded in very deep — though (suitably) “non‐comprehensive”— moral considerations. (shrink)

In this paper, I propose to look closely at certain crucial aspects of the logic of Rawls' argument in Political Liberalism and related subsequent writings. Rawls' argument builds on the notion of comprehensiveness, whereby a doctrine encompasses the full spectrum of the life of its adherents. In order to show the mutual conflict and irreconcilability of comprehensive doctrines, Rawls needs to emphasise the comprehensiveness of doctrines, as their irreconcilability to a large extent emanates from that comprehensiveness. On the (...) other hand, in order to show the possibility and plausibility of the political liberal solution he needs to emphasise that most of these doctrines are reasonable: i.e., they are willing to cede a portion of their authority to political liberalism for the right reasons. Yet, if they are willing to cede a portion of their authority to a political conception they cannot be as comprehensive as we initially thought they were. All these elements highlight the tension in the argument itself. I suggest that many of these tensions can be removed by making Rawls' account more flexible. In this context I propose certain amendments to Rawls' account, which may overcome some of the tensions mentioned above. (shrink)

Jonathan Quong’s book, Liberalism without Perfection, provides an innovative new defense of political liberalism based on an “internal conception” of the goal of public justification. Quong argues that public justification need merely be addressed to persons who affirm liberal political values, allowing people to be coerced without a public justification if they reject liberal values or their priority over comprehensive values. But, by extensively restricting members of the justificatory public to a highly idealized constituency of liberals, Quong’s (...) political liberalism becomes objectionably sectarian. Coercing citizens without a public justification if they hold non-liberal comprehensive views is no different from the sectarian perfectionist view that people can be coerced without a public justification if they hold false comprehensive views. Quong argues that some degree of sectarianism is unavoidable in formulating a conception of political liberalism. While this may be, I maintain that the internal conception is nonetheless excessively sectarian. To demonstrate this, I develop an attractive competitor conception, the convergence conception, which addresses public justification to a diverse, moderately idealized justificatory public. If convergence is a viable interpretation of political liberalism, I argue, then the internal conception is excessively sectarian. (shrink)

Is a feminist political liberalism possible? Political liberalism’s regard for a wide range of comprehensive doctrines as reasonable makes some feminists skeptical of its ability to address sex inequality. Indeed, some feminists claim that political liberalism maintains its position as a political liberalism at the expense of securing substantive equality for women. We claim that political liberalism’s core commitments actually restrict all reasonable political conceptions of justice to those that secure genuine substantive equality for (...) all, including women and other marginalized groups. In particular, we argue that political liberalism’s criterion of reciprocity limits reasonable political conceptions of justice to those that eliminate social conditions of domination and subordination relevant to reasonable democratic deliberation among equal citizens and that the criterion of reciprocity requires the social conditions necessary for recognition respect among persons as equal citizens. As a result, we maintain that the criterion of reciprocity limits reasonable political conceptions of justice to those that provide genuine equality for women along various dimensions of social life central to equal citizenship. (shrink)

My aims in this paper are twofold: (1) to develop an account of a kind of respect for persons as reasoners which is motivated by John Rawls’ defense of reasonable pluralism on epistemic grounds, and (2) to demonstrate that this kind of respect vindicates a stronger civic duty to incorporate nonpublic comprehensive doctrines in public deliberation than Rawls provides in his account of public reason. I begin with a discussion of Rawls’ account of the epistemic sources of reasonable disagreement (...) – the burdens of judgment – and argue that this idea provides support for an important conception of respect currently absent in scholarship about norms of public deliberation. I then outline the conception of persons as reasoners and the corollary duties of respect that follow from the recognition of persons as reasoners. I conclude with a discussion of the implications of this conception of respect for the idea of public reason. (shrink)

Liberal attempts to defend faith schooling have been conditional on the ability of faith schools to serve as a context for individual choice. A recent critique of these attempts claims that religious parents would find such moderate faith schooling unacceptable. This article sets forth a new liberal defence of faith schools drawing heavily on the distinction between political and comprehensive liberalism. Since political liberalism's understanding of personal autonomy does not include the ability to make choices, the political (...) liberal defence of faith schools can accommodate denominational schools that limit the ability of students to choose or change their religion. (shrink)