Liberalism without Perfection offers an introduction to the debate between liberal perfectionism and political liberalism. This book is a new account and defence of Rawlsian political liberalism, one of the most discussed, but widely misunderstood and criticized theories in contemporary political theory.
Jerry Gaus is the most important philosopher of public reason since John Rawls. His path-breaking work on this topic has deeply influenced a large group of moral and political philosophers, a group to which I happily belong. In this short paper I examine one feature of the account developed in his incredibly rich and illuminating book, The Order of Public Reason.Gaus (2011), cited hereafter as OPR. I argue Gaus’s theory struggles to resolve a crucial question: how can we be confident (...) that public reason will yield a set of moral rules whose content is minimally acceptable?Gaus’s viewGiven pervasive disagreement about morality, how can we engage in the practice of morality—making demands on others and frequently enforcing those demands with coercive threats—in a way that also manages to respect others as free and equal interpreters of morality? One solution, which Gaus associates with Kant and Rawls, is to bracket all those beliefs or commitments that divide us, and construct a set of mo. (shrink)
In this paper, I offer two arguments in support of the proposition that there are sometimes agent-relative prerogatives to impose harm on nonliable persons. The first argument begins with a famous case where most people intuitively agree it is permissible to perform an act that results in an innocent person’s death, and where there is no liability-based or consequentialist justification for acting. I show that this case is relevantly analogous to a case involving the intentional imposition of lethal defensive harm (...) on a nonliable person. In the final part of the paper, I provide a second, independent, argument in support of the proposition that there are agent-relative permissions to foreseeably harm or kill nonliable people under certain conditions. (shrink)
A person who is liable to defensive harm has forfeited his rights against the imposition of the harm, and so is not wronged if that harm is imposed. A number of philosophers, most notably Jeff McMahan, argue for an instrumental account of liability, whereby a person is liable to defensive harm when he is either morally or culpably responsible for an unjust threat of harm to others, and when the imposition of defensive harm is necessary to avert the threatened unjust (...) harm. Others may favour a purely noninstrumental account of liability: one that looks only to the past behaviour of the potentially liable person. We argue that both views are vulnerable to serious objections. Instead we develop and defend a new view of liability to defensive harm: the pluralist account. The pluralist account states that liability to defensive harm has at least two bases. First, if an attacker is morally or culpably responsible for an unjust attack then he has forfeited what we call his agency right, and in doing so he has made himself partially liable to defensive harm. Whether the attacker is fully liable to defensive harm depends, however, on whether the imposition of defensive harm would infringe a different right held by the attacker: his humanitarian right. Humanitarian rights are rights to be provided with urgently needed resources or to be protected from serious harms when others can do so at reasonably low cost. We argue the pluralist account avoids the objections to which the instrumental and noninstrumental views are vulnerable, coheres with our intuitive reactions in a wide range of cases, and sheds new light on the way different rights combine to determine a person's liability to suffer harm. (shrink)
Some philosophers defend the fact-relative view of moral rights against harm:Whether B infringes A's right not to be harmed by ϕ-ing depends on what will in fact occur if B ϕs. B's knowledge of, or evidence about, the exact consequences of her ϕ-ing are irrelevant to the question of whether her ϕ-ing constitutes an infringement of A's right not to be harmed by B.In this paper I argue that the fact-relative view of moral rights is mistaken, and I argue for (...) an alternative view whereby our rights against harm depend on what we can reasonably demand of others. I illustrate the importance of this conclusion with a discussion of liability to defensive harm. (shrink)
This essay reviews G.A. Cohen’s final major work, Rescuing Justice and Equality. In the book, Cohen challenges the Rawlsian account of the content and the concept of justice. This essay offers a summary of Cohen’s main arguments, and develops objections to several of those arguments, particularly Cohen’s claim that his proposed egalitarian ethos is not vulnerable to a well-known trilemma (liberty, equality, efficiency) that might be pressed against it. The essay’s final section offers critical reflections on the important differences between (...) Cohen’s and Rawls’s views about the nature of justice, and suggests that Cohen’s view may not be helpful if we believe justice is a complex value that includes considerations other than distributive equality. (shrink)
Reasonable people disagree deeply about the nature of the good life. But reasonable people also disagree fundamentally about principles of justice. If this is true, then why does political liberalism permit the state to act on reasons of justice, but not for reasons grounded in conceptions of the good life? There appears to be an indefensible asymmetry in the way political liberalism treats disagreements about justice and disagreements about the good life. This is the asymmetry objection to political liberalism. The (...) principal aim of this article is to show that the asymmetry objection can be refuted. This is done by drawing a distinction between two different types of reasonable disagreement that can occur between citizens. The first type is foundational disagreement . Disagreements of this type are characterized by the fact that the participants do not share any premises which can serve as a mutually acceptable standard of justification. The second type of disagreement, justificatory disagreement , occurs when participants do share premises that serve as a mutually acceptable standard of justification, but they nevertheless disagree about certain substantive conclusions. Making this distinction allows me to show why political liberalism’s asymmetric treatment of justice and the good life is both defensible and desirable. Key Words: John Rawls • perfectionism • political liberalism • public reason • reasonable pluralism. (shrink)
Can contractualism yield a suitably egalitarian conception of social justice? G.A. Cohen has forcefully argued that it cannot - that one cannot be both a contractualist and an egalitarian. Cohen presents a number of arguments to this effect, the particular target of which is John Rawls’s version of contractualism. In this article, I show that, contra Cohen, the Rawlsian model of contractualism, and the ideal of reciprocity on which it relies, can coherently yield egalitarian principles of distributive justice such as (...) the difference principle. I also defend Rawls from the further claim, pressed by Cohen and others, that relying on the idea of mutual or reciprocal advantage will leave the infirm or severely handicapped outside the scope of egalitarian justice. I argue that Rawlsians can account for the claims that the infirm or severely handicapped have on others in terms of a natural duty to aid. Key Words: G.A. Cohen • John Rawls • duty to aid • incentives • inequality • difference principle • social contract. (shrink)
Identity claims are a common feature of political debate in many Western democracies. Cultural, linguistic, and religious minorities often defend or attack particular political proposals by appealing to the effect the proposal will have on their group's identity. Is this form of reasoning compatible with the normative ideal of deliberative democracy? This article examines and refutes two powerful arguments recently advanced in the literature which suggest the answer is no. First, there is the public reason objection, which holds that identity (...) claims do not meet the standards of reciprocal moral dialogue. Second, there is a compossibility objection, which asserts that identity claims cannot be simultaneously realized. This would force us into the undesirable position of having to disrespect deliberative participants, instead of merely disagreeing with them. Both objections are shown to be mistaken. Identity claims, it is argued, can be good deliberative reasons like any other. The article concludes by suggesting several tests identity claims must pass in order to meet the standards of deliberative reciprocity. (shrink)
This paper addresses the problem of disputed cultural practices within liberal, deliberative democracies, arguing against the currently dominant view, advocated by Susan Okin among others, that such problems represent a fundamental tension between two liberal values: gender equality and cultural autonomy. Such an approach, I argue, requires the state to render normative judgements about conceptions of the good life, something which is both arbitrary and unfair in societies characterised by reasonable pluralism. Disputed practices, I claim, are defined by the existence (...) of reasonable disagreement over their legitimacy, which means they need to be resolved in a way that abstains from morally evaluating the religious or cultural doctrines of the group in question. The paper therefore articulates a cost-based approach to such problems. The cost-based approach focuses our conceptual attention on the sorts of publicly identifiable costs that any state decision will have on the various parties to a dispute. By restricting itself to public reasons, this method thereby avoids arbitrarily privileging certain conceptions of the good at the expense of others when determining the boundaries of reasonable pluralism. (shrink)
Jonathan Quong | : Alan Patten presents his account of minority rights as broadly continuous with Ronald Dworkin’s theory of equality of resources. This paper challenges this claim. I argue that, contra Patten, Dworkin’s theory does not provide a basis to offer accommodations or minority rights, as a matter of justice, to some citizens who find themselves at a relative disadvantage in pursuing their plans of life after voluntarily changing their cultural or religious commitments. | : Alan Patten considère que (...) sa théorie des droits des minorités s’inscrit en continuité avec celle de l’égalité des ressources chez Donald Dworkin. Cet article interroge cette affirmation. Je soutiens que, contrairement à ce que pense Patten, la théorie de Dworkin ne fournit pas de base en vue d’accommodations ou des droits de la minorité, en ce qui a trait à la justice, à des citoyens relativement désavantagés par la poursuite de leur plan de vie après avoir volontairement changé de culture ou d’engagements religieux. (shrink)
I would like to begin by thanking all the contributors to this symposium, especially Elvio Baccarini, who hosted the conference at the University of Rijeka where several of the papers in this symposium were initially presented. I?ve learned a great deal from these essays, and I?m very fortunate for my work to be the subject of such careful and perceptive philosophical attention. Below I offer some replies to each contributor, though I do not address all the important points raised in (...) each paper. nema. (shrink)
This paper discusses Jessica Flanigan’s book, Pharmaceutical Freedom. The paper advances two main claims. First, the paper argues that, despite what Flanigan claims, there is a coherent way to endorse the Doctrine of Informed Consent while resisting the view that there is a right to self-medicate. Second, the paper argues that Flanigan is committed to a more radical conclusion than she acknowledges in the book; namely, that under some conditions it is morally permissible for people to take medications from drug (...) manufacturers or pharmacies without paying the full price for those medications. The paper concludes by suggesting that this thesis about permissible theft, when combined with some further premises regarding the morality of defensive force, implies some even more radical conclusions regarding the use of force to obtain these medications. (shrink)
This paper discusses Cécile Laborde’s book, Liberalism’s Religion. First, I pose some questions about how Laborde’s central proposal—disaggregating religion—is meant to solve the two most serious challenges that she argues confront existing liberal egalitarian theories. Second, I respond to some of the objections Laborde presses against my conception of political liberalism. Third, I argue that Laborde is mistaken in adopting accessibility as the appropriate standard for reasons within public justification. Finally, I suggest that Laborde’s view is, in the end, too (...) accommodating to perfectionism in politics. Her view allows laws and public policies to promote particular religions or controversial conceptions of the good life when certain conditions are met, but this, I argue, is inconsistent with the foundational ideals of freedom and equality. (shrink)
Political liberalism famously requires that fundamental political matters should not be decided by reference to any controversial moral, religious or philosophical doctrines over which reasonable people disagree. This means we, as citizens, must abstain from relying on what we believe to be the whole truth when debating or voting on fundamental political matters. Many critics of political liberalism contend that this requirement to abstain from relying on our views about the good life commits political liberalism to a kind of scepticism: (...) we should abstain from relying on our views about the good life because we should be uncertain about the truth of those views. But this kind of scepticism is itself a controversial epistemic position which many reasonable people reject, thus apparently making political liberalism internally incoherent. This is the sceptical critique of political liberalism. This paper shows the sceptical critique to be false. The paper argues that the epistemic restraint required of citizens in political liberalism does not assume or imply any version of scepticism about our ability to know the good life. Liberal neutrality is motivated not by scepticism about our own views, but rather by a desire to justify fundamental political principles to others. (shrink)
When is it morally permissible to engage in self-defense or the defense of others? Jonathan Quong gives an original philosophical account of the central moral principles that should regulate the use of defensive force. The morality of defensive force needs to be understood in the context of a more general account of justice and moral rights.
