My discussion in this paper proceeds in four stages. First, Iprovide a brief description of Nozick’s entitlement theory and I raise some general questions about it. Secondly, I argue, contrary to Nozick, that we are justified in distributing some goods on the basis of need. More specifically, I argue that we must distinguish between the claim that goods ought to be distributed on the basis of need and the claim that goods which are essential needs ought to be distributed on (...) the basis of need. In the third section I consider the objection that such distributions will inevitably lead to the violation of individuals’ property rights. I argue that individuals are obliged to be charitable and that this obligation places limits on what they are entitled to. What charity requires of us, I maintain, we have no rights over and we must relinquish. In the fourth and final section I point out the general significance of these arguments. _______________ Replies include : -/- * Antony Flew, Meeting Needs: charity or justice?: Journal of Applied Philosophy 5 (2): 225-231. 1988. -/- * Tony Skillen, "Flew on Russell on Nozick: uncharitable interpretations of justice and unjust views of charity"; Journal of Applied Philosophy 7 (1): 87-89. 1990. (shrink)

The essay takes up that old Gordian knot of the Lockean exegetical tradition, that of the relationship between the right to life and the right to property, which was already analyzed in important articles by the author, developing the conclusions and completing the critical apparatus.

This paper draws a line of demarcation between fallibilism and infallibilism. Taking Cartesian Infallibilism as a guide, it advances a picture of infallibilism whereby infallible knowledge requires, among other conditions, luminosity of a truth-guaranteeing property. Some implications for contemporary theories of knowledge are explored.

Climate Liberalism examines the potential and limitations of classical-liberal approaches to pollution control and climate change. Some successful environmental strategies, such as the use of catch-shares for fisheries, instream water rights, and tradable emission permits, draw heavily upon the classical liberal intellectual tradition and its emphasis on property rights and competitive markets. This intellectual tradition has been less helpful, to date, in the development or design of climate change policies. Climate Liberalism aims to help fill the gap in the (...) academic literature examining the extent to which classical-liberal principles, including an emphasis on property rights, decentralized authority and dynamic markets, can inform the debate over climate-change policies. The contributors in this book approach the topic from a range of perspectives and represent multiple academic disciplines. Chapters consider the role of property rights and common-law legal systems in controlling pollution, the extent to which competitive markets backed by legal rules encourage risk minimization and adaptation, and how to identify the sorts of policy interventions that may help address climate change in ways that are consistent with liberal values. (shrink)

Color relationalism holds that the colors are constituted by relations to subjects. The introspective rejoinder against this view claims that it is opposed to our phenomenally-informed, pre-theoretic intuitions. The rejoinder seems to be correct about how colors appear when looking at how participants respond to an item about the metaphysical nature of color but not when looking at an item about the ascription of colors. The present article expands the properties investigated to sound and taste and inspects the mentioned asymmetry, (...) with a particular focus on the principle of charity. Using a metaphysical item, we find that color and sound are no different from shape, our control for a clearly anti-relational property. Taste, on the other hand, is no different from likability, our control for a clearly relational property. Importantly, we find that the disparity between metaphysical and ascription items is due to participants using a principle of charity to interpret disagreement cases such that both parties can be correct. (shrink)

Neo-classical liberals aim to offer a more consistent, coherent, and morally ambitious form of liberalism than the traditional classical and social liberal alternatives by providing grounds for a strong commitment to both individual economic liberty and social justice. The key neo-classical liberal claim is that the stringent protection of negative economic liberty does not conflict with, but is rather an essential component of, a commitment to political and social justice. My focus in this article is not on this key neo-classical (...) claim itself, but rather on the conceptually prior question of the meaning and institutional implications of the negative conception of individual economic liberty. In addressing this question I trace some lines of argument which derive from the classical political economy of the late eighteenth and early nineteenth centuries. Drawing in particular on ideas and arguments developed by the American economist and social critic Henry George, I argue that a fully coherent and defensible conception of negative economic liberty is compatible with a commitment to a strongly conditional form of private landownership, but is incompatible with a commitment to absolute private property in land. (shrink)

Justifications for intellectual property rights are typically made in terms of utility or natural property rights. In this article, I justify limited regimes of copyright and patent grounded in no more than the rights to use our ideas and to contract, conjoined at times with a weak right to hold property in tangibles. I describe the Contracting Situation plausibly arising from vesting rational agents with these rights. I go on to consider whether in order to provide the (...) best protection for the voluntary activities and consensual interactions occurring within the Contracting Situation, it might be appropriate or even necessary to move to institutions qualitatively similar to copyright and patent. I conclude that in at least some circumstances limited regimes of copyright and patent may be defendable solely on the basis of these very basic rights. (shrink)

I address Frank Michelman’s recent attempts to dispel the notion that there are deep tensions between a liberal approach to constitution making and a resolute commitment to fighting poverty, i.e., to holding what he calls ‘social liberalism’. He focuses on the prima facie tension between anti-poverty struggle on the part of government and the existence of a property clause in a constitution, a tension that several commentators in South Africa have contended requires removing that clause from its Constitution. In (...) reply, Michelman argues that in the final analysis there need be no principled conflict between the two, which implies that amending the South African Constitution is unnecessary and perhaps even unwise. I provide reason to think that Michelman’s attempted resolution is incomplete, and suggest plausible ways to understand the legal function of a property clause in a liberal constitutional order beyond those Michelman addresses that can also help to resolve the apparent tension between it and a concerted effort to reduce poverty. (shrink)

RESUMEN En el contexto de nuevos cercamientos sobre la naturaleza y la cultura, la cuestión de los derechos de propiedad intelectual ha adquirido una relevancia inusitada, y ha redefinido la cuestión misma de la propiedad. El artículo examina las teorías de J. Locke y D. Hume, para confrontarlas con las posiciones que, desde el liberalismo contemporáneo, defienden o critican la propiedad intelectual. A partir de allí, se busca una línea superadora que trascienda los supuestos liberales sobre la propiedad intelectual en (...) particular y la propiedad privada en general. ABSTRACT In the context of new enclosures of nature and culture, the issue of intellectual property rights has acquired unprecedented relevance and redefined the very question of property. The article examines the theories of J. Locke and D. Hume, in order to contrast them with those positions that either defend or criticize intellectual property from the perceptive of contemporary liberalism. This serves as the basis for a position that transcends liberal assumptions regarding intellectual property, in particular, and private property, in general. (shrink)

Conservatives claim that all phenomenal properties are sensory. Liberals countenance non-sensory phenomenal properties such as what it’s like to perceive some high-level property, and what it’s like to think that p. A hallmark of phenomenal properties is that they present an explanatory gap, so to resolve the dispute we should consider whether experience has non-sensory properties that appear ‘gappy’. The classic tests for ‘gappiness’ are the invertibility test and the zombifiability test. I suggest that these tests yield conflicting results: (...) non-sensory properties lend themselves to zombie scenarios but not to inversion scenarios. Which test should we trust? Against Carruthers & Veillet (2011), I argue that invertibility is not a viable condition of phenomenality. In contrast, being zombifiable is credibly necessary and sufficient for phenomenality. I conclude that there are non-sensory properties of experience that are ‘gappy’ in the right way, and that liberalism is therefore the most plausible position. (shrink)

Liberalism and Distributive Justice discusses liberalism, capitalism, distributive justice, and John Rawls's difference principle. Chapters are organized in a narrative arc: from liberalism as the dominant political and economic system, to the laws governing interpersonal transactions in liberal society, to basic economic and political institutions that determine distributive justice.

This chapter contains sections titled: Introduction The Republicanism of Rawls's Liberalism: An Open Question Property‐Owning Democracy Justice and Stability Tocqueville on the Ills of Democratic Personality The Republican Response Some Objections Conclusion: Lessons for Republicans and Liberals References.

What does the 'colonialist' reading of Locke's political theory suggest about the relationship between liberalism and colonialism in general, as well as the pre-history of liberalism in particular?

Treating the principle of charity as a non-empirical, foundational principle leads to insoluble problems of justification. I suggest instead treating semantic properties realistically, and semantic terms as theoretical terms. This allows us to apply ordinary scientific reasoning in meta-semantics. In particular, we can appeal to widespread verbal agreement as an empirical phenomenon, and we can make use of probabilistic reasoning as well as appeal to theoretical simplicity for reaching the conclusion that there is a high rate of agreement in belief (...) between speakers who have a high rate of verbal agreement. Although this does not by itself imply that the beliefs agreed upon are generally true, it does imply that any single speaker who is party to such a verbal agreement is justified in taking the other speakers to have mostly true beliefs. She is so justified because of the fact that it is incoherent to take her own beliefs not to be mostly true. Indirectly, this justifies a version of the principle of charity as an empirically correct principle. (shrink)

In 1994 the "Ramsey Colloquium," under the leadership of Richard John Neuhaus, posed a challenge to what it called the "homosexual movement" within the Christian Church. The challenge was to prove that it had reasons distinguishable from secular liberalism--reasons consistent with orthodox Christian theology--in favor of same-sex coupling. Eugene Rogers's book, "Sexuality and the Christian Body: Their Way into the Triune God, can be read as a response to this challenge. The book is important not only for the content of (...) its arguments, which are imaginative and theologically rigorous, but also for the exemplary way in which Rogers exhibits charity in his account of his conservative opponents. Rogers's recent anthology, "Theology and Sexuality", provides additional evidence that a new, more promising debate is arising within the Church, a debate that has some hope of transcending the rhetoric of the culture wars. (shrink)

An exploration of the theories, histories, practices, and contradictions of liberalism today. What does it mean to be a liberal in neoliberal times? This collection of short essays attempts to show how liberals and the wider concept of liberalism remain relevant in what many perceive to be a highly illiberal age. Liberalism in the broader sense revolves around tolerance, progress, humanitarianism, objectivity, reason, democracy, and human rights. Liberalism's emphasis on individual rights opened a theoretical pathway to neoliberalism, through private (...) class='Hi'>property, a classically minimal liberal state, and the efficiency of “free markets.” In practice, neoliberalism is associated less with the economic deregulation championed by its advocates than the re-regulation of the economy to protect financial capital. Liberalism in Neoliberal Times engages with the theories, histories, practices, and contradictions of liberalism, viewing it in relation to four central areas of public life: human rights, ethnicity and gender, education, and the media. The contributors explore the transformations in as well as the transformative aspects of liberalism and highlight both its liberating and limiting capacities. The book contends that liberalism—in all its forms—continues to underpin specific institutions such as the university, the free press, the courts, and, of course, parliamentary democracy. Liberal ideas are regularly mobilized in areas such as counterterrorism, minority rights, privacy, and the pursuit of knowledge. This book contends that while we may not agree on much, we can certainly agree that an understanding of liberalism and its emancipatory capacity is simply too important to be left to the liberals Contributors Alejandro Abraham-Hamanoiel, Patrick Ainley, Abdullahi An-Na'im, Michael Bailey, Haim Bresheeth, Başak Çalı, David Chandler, William Davies, Costas Douzinas, Natalie Fenton, Des Freedman, Roberto Gargarella, Priyamvada Gopal, Jonathan Hardy, John Holmwood, Ratna Kapur, Gholam Khiabany, Ray Kiely, Monika Krause, Deepa Kumar, Arun Kundnani, Colin Leys, Howard Littler, Kathleen Lynch, Robert W. McChesney, Nivedita Menon, Toby Miller, Kate Nash, Joan Pedro-Carañana, Julian Petley, Anne Phillips, Jonathan Rosenhead, Annabelle Sreberny, John Steel, Michael Wayne, Milly Williamson. (shrink)

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.

In Free Market Fairness, John Tomasi argues that a wider range of private economic freedoms should be included amongst the high liberal set of basic rights than is normally thought. The topic of this paper is not primarily Tomasi’s own views, but a view that has emerged in the critical literature responding to Tomasi, consideration of which has so far been neglected. This view holds that whilst the specific private economic freedoms Tomasi proposes should be rejected, certain ‘weak’ private economic (...) freedoms should be included amongst the high liberal basic rights. In the paper, I critically assess (and reject) one version of this position, which claims that Rawlsian high liberals ought to accept a weak basic right to privately own productive property. (shrink)

For most of the century and a half that began roughly with the later works of John Stuart Mill, the most important divide within liberal political thought was that between classical liberalism and welfare liberalism. The questions that were important to the socialist/liberal debate also became important for debates within liberalism: What is the relationship between property and freedom? Between free trade and freedom? Is freedom of commercial activity on a moral par with other sorts of freedom? Is the (...) alleviation of poverty or material need a more important political goal than freedom? How do freedom and equality fit together in a liberal understanding of justice? What degree of state economic planning, or state taxation and expenditure, is compatible with liberal freedom? (shrink)

Contemporary liberalism, which prescribes state regulation of property for purposes of welfare but proscribes state regulation of the expression of thought and conscience, may seem inherently paradoxical. Kant's analysis of property, however, shows that political liberalism is coherent and indeed necessitated by Kantian moral principles. For property rights are constituted by interpersonal agreement to defer to an owner's claim to an object; and if such agreement is to be rightfully, that is, freely obtained, then it can only (...) be obtained under conditions of fairness that would make it rational for all affected by the claim to so defer, and can rightfully be restricted to such conditions by political means. Freedom of thought and expression, however, has no inherent dependence on the agreement of others, and thus gives rise to no right for the state to regulate it except in marginal cases which can be analyzed as ordinary action rather than thought and its expression. Fundamental differences in ontology thus give rise to fundamental differences in the rightful use of political regulation. Der heutige Liberalismus, der einerseits die staatliche Regulierung des Eigentums für Zwecke der Wohlfahrt fordert, andererseits die staatliche Regulierung des Ausdrucks von Gedanken und Gewissen verbieten möchte, könnte schon an sich selbst betrachtet als paradox erscheinen. Kants Deutung des Eigentums zeigt jedoch, daß der politische Liberalismus kohärent ist und aus Kants moralischen Prinzipien auch tatsächlich folgt. Eigentumsrechte entstehen aus der Übereinkunft zwischen Personen, die Ansprüche, die Eigentümer auf ihre Sachen erheben, auch anzuerkennen. Wenn eine derartige Übereinkunft rechtmäßig und also frei zustandekommen soll, kann sie nur unter der Bedingung der Fairneß zustandekommen, die es für alle Betroffenen als vernünftig erscheinen läßt, die fraglichen Eigentumsansprüche anzuerkennen. Deshalb kann die Übereinkunft auch durch politische Mittel auf die Bedingung der Fairneß eingeschränkt werden. Die Freiheit der Gedanken und des Ausdrucks von Gedanken dagegen steht in keiner inneren Abhängigkeit von der Zustimmung anderer, und das bedeutet, daß der Staat kein Recht hat, sie zu regulieren, außer in Randbereichen, in denen gewisse Äußerungen eher als Handlungen im gewöhnlichen Sinne denn als Ausdruck von Gedanken eingestuft werden können. Grundsätzliche Unterschiede in der Ontologie führen so zu grundsätzlichen Unterschieden im rechtmäßigen Gebrauch politischer Regulierung. (shrink)

Drieu Godefridi’s “Critique de l’utopie libertarienne”1 is not only an attempt to refute Rothbardian anarcholibertarian theory but also an attempt to resurrect the idea of the formal Rechtsstaat.2 I shall say a few words about the first topic and then present some arguments for resisting the introduction of that idea into classical liberal discourse. Contrary to Godefridi’s suggestion, there is no logical or historical ground for considering the Rechtsstaat a necessary or even useful condition of freedom. I do not dispute (...) that the Rechtsstaat was a central concept of the political liberalism that for a while held sway in Continental Europe in the nineteenth century, or that in some quarters there is considerable nostalgia for it. What I want to stress is that both in its logical definition and in its historical implementations it failed to support the classical liberal commitment to freedom, property and law. Indeed, it may.. (shrink)

This essay contends that the ascendancy of Western liberalism after the Enlightenment worked catalytically on the development of both the Industrial Revolution and a modern agrarianism based on the widespread dispersal of small-scale property ownership. Due to power dynamics, however, as well as the liberal faith in inevitable progress, agrarian thought has remained a marginal concern in Western politics, economics, and education. Although the agrarian philosophical tradition in the United States was created by the same liberal rhetoric and argumentation (...) that gave birth to industrialism, the two world views hinged on vastly different interpretations of the same concepts. One aim of this essay is to sort out these differences and examine their implications for a contemporary reconsideration of agrarian thought. (shrink)

The project of this chapter is to explore some relations between the rule-following considerations and radical interpretation. I spell out the sense in which the rule-following considerations are about meaning determination, and investigate whether the principle of meaning determination used in the early Davidson's account of meaning determination - the principle of charity - provides an answer to what I shall call "Wittgenstein's paradox". More precisely, I am interested in one aspect of the paradox: the "problem of objectivity". My question (...) then is whether meaning, as determined by charity, is such that the correctness of the applications of meaningful expressions is an objective matter. After running us through the basics of the radical interpretation account of meaning determination I argue that the principle of charity does seem to fall prey to the problem of objectivity. After unsuccessfully trying to rescue objectivity by means of Lewisian natural properties, this is the verdict I in the end endorse. (shrink)

From the seventeenth to the mid?nineteenth centuries, the language of natural law and natural rights structured the commitment of liberalism to the development of both a market society and democratic political institutions. The existence of widespread poverty was seen, at various times, as a problem to be resolved either by an expanding commercial/capitalistic society or through democratic political reform. As Thomas Home shows in Property Rights and Poverty, liberalism as apolitical theory has, from its origins, been deeply committed to (...) (at least a minimalist) social welfare policy. Nevertheless, not only have the dimensions of the problem of poverty increased with the growth of democratic capitalist society, but also, viewed from an historical perspective, it is the problem of poverty that exposes the fundamental tensions at the heart of liberal political theory. (shrink)

This book develops an original and comprehensive theory of political liberalism. It defends bold new accounts of the nature of autonomy and individual liberty, the content of distributive justice, and the justification for the authority of the State. The theory that emerges integrates contemporary progressive and pluralistic liberalism into a broadly Aristotelian intellectual tradition. The early chapters of the book challenge the traditional conservative idea of individual liberty-the liberty to dispose of one's property as one wishes-and replace it with (...) a new one, according to which liberty is of equal value to all persons, regardless of economic position. The middle chapters present an original theory of socio-economic justice, arguing that a society in which every citizen enjoys an equal share of liberty should be the distributive goal of the State. It is argued that this goal is incompatible with the existence of large disparities in wealth and economic power, and that (contra conservative and libertarian economic arguments) such disparities are harmful to the overall health of national and global economies. The final chapters provide an original argument that the State has both a moral duty and a moral right to pursue this program of socio-economic justice (contra conservative and libertarian moral arguments), and that only the measures necessary to implement this program lie within the morally justifiable limits on the State's authority. Though primarily a political work, it spans most areas of practical philosophy-including ethical, social, and legal theory; and meta-ethics, moral psychology, and action theory. And though fundamentally a philosophical work, it incorporates research from a number of fields-including decision theory, economics, political science, and jurisprudence; primatology, neuroscience, and psychology; and history, anthropology, sociology, and ecology-and is sure to be of interest to a wide range of scholars and students. (shrink)

This book aims to re-evaluate the relations between two major ideologies that have been increasingly contested in recent years, yet continue to be invoked or rejected as foundational systems for political thought or action. With socialism conceiving of itself as an alternative to economic liberalism, the two systems of thought emerged partially in opposition to each other. However, this book seeks to redefine their specificities and the way in which they have not only opposed each other but drew on common (...) notions or paradigms to become both competing and complementary systems of thought and practices. With contributions from eminent political scientists and historians of political and economic thought, the book examines how the polarisation of debates and politicisation of concepts such as property, freedom, the individual, or the State, serve to construct the adversary and form a basis for political commitment. Offering an interdisciplinary assessment of the relation between liberalism and socialism, the authors help to make sense of current debate on individual freedom, political obligation and the changing role of the State. Providing an innovative perspective, this edited collection will be of interest to scholars and students researching political and economic thought, history or science, as well as anyone seeking to understand current developments affecting Western societies, and their past, present, and future ideologies. (shrink)

What are the core values of liberalism and how can they best be promoted? Liberals in the classical tradition championed individual freedom, limited government and a capitalist economic system with strong rights to private property. Contemporary liberals, in contrast, embrace more egalitarian values and allow for a far more prominent role for government intervention in the market to reduce inequality, redistribute wealth and regulate economic activity. What accounts for these very disparate liberal views of property rights and economic (...) freedom? How should we understand the transition from the classical view of liberalism to its more egalitarian modern version? And what, ideally, should the relationship be between the central values of liberalism and the economic institutions of capitalism? The eleven essays in this volume address these questions and examine related issues. (shrink)

In this collection, thirteen prominent philosophers and political scientists address the nature of liberalism, its origins, and its meaning and proper interpretation. Some essays examine the writings of liberalism's earliest defenders, like John Locke and Adam Smith, or the influence of classical liberalism on the American founders. Some focus on the Progressive movement and the rise of the administrative state, while others defend particular conceptions of liberalism or examine liberal theories of justice, including those of John Rawls and Robert Nozick. (...) Several essays discuss the U.S. Constitution, seeking to determine whether it is best viewed as empowering the federal government to achieve certain ends, or as strictly limiting its power to ensure the broadest freedom for individuals to pursue their own ends. Other essays address the limits of economic freedom or focus on the nature and extent of property rights and the government's power of eminent domain. (shrink)

The recent `religious turn' within Locke scholarship has stressed the need to understand his theological commitments when approaching his political thought. One area of interpretation that has been completely transformed by this heightened sensitivity to the religious roots of Locke's thought is his account of property ownership which, it is claimed, contains a `right to charity' — a subsistence entitlement that trumps established ownership rights. However, this increasingly accepted interpretive claim has been made without significant attention to the way (...) in which charity is deployed throughout Locke's writing. The aim of this article is to try and get to grips with Locke's various usages of the term and determine whether the concept he deploys is a consistent one. After discussion of the uncertain role charity plays in his account of property, we examine how it is defined in the Essay Concerning Human /nderstanding, and then turn to the crucial position it occupies in his theological corpus. Though Locke's understanding of charity seems fraught with ambiguities, the reason for these ambiguities relate to his configuration of charity as a disposition rather than a mere act , a configuration linked inextricably to his account of toleration. (shrink)

The project of this chapter is to explore some relations between the rule-following considerations and radical interpretation. I spell out the sense in which the rule-following considerations are about meaning determination, and investigate whether the principle of meaning determination used in the early Davidson's account of meaning determination - the principle of charity - provides an answer to what I shall call "Wittgenstein's paradox". More precisely, I am interested in one aspect of the paradox: the "problem of objectivity". My question (...) then is whether meaning, as determined by charity, is such that the correctness of the applications of meaningful expressions is an objective matter. After running us through the basics of the radical interpretation account of meaning determination I argue that the principle of charity does seem to fall prey to the problem of objectivity. After unsuccessfully trying to rescue objectivity by means of Lewisian natural properties, this is the verdict I in the end endorse. (shrink)

Liberalism sanctions both democracy and capitalism, but incorporating the two into a coherent intellectual system presents difficulties. The anti-foundational pragmatism of Richard Rorty offers a way to describe and defend a meaningful democratic capitalism while avoiding the problems that come from the more traditional liberal justification. Additionally, Rorty's rejection of the search for extra-human grounding of social and political arrangements suggests that democracy is entitled to a philosophical support that capitalism is not. A viable democratic capitalism therefore justifies its use (...) of markets on the consent of the governed, rather than appeals to liberal notions of individualism, liberty, and property. (shrink)

This paper applies aspects of Hugo Grotius's theologically informed theory of property to contemporary issues concerning access to the human DNA sequence and patenting practices. It argues that Christians who contribute to public debate in these areas might beneficially employ some of the concepts with which he worked--notably "common right," the "right of necessity," and "use right." In the seventeenth century, wars were fought over trading rights and access to the sea. In the twenty-first century, information and intellectual (...) class='Hi'>property are the issues of the day. Grotius's writings serve to correct the overemphasis in modern liberalism on individual rights, and have practical application to the debate concerning the reduction of the human genome to the status of private property. (shrink)

Marxian Liberalism is a theory of justice that results from combining the liberal belief that people have a natural right to be free from unwanted coercion, with the Marxian belief that property is coercive. This combination implies that property must be consented to by all people who do or will exist-and thus such consent must be theoretical. Theoretical consent occurs in a Marxian-liberal original position among parties whose knowledge includes Marxian and liberal beliefs. The parties find it rational (...) to consent to a state that protects liberty, and to a system of property governed by the difference principle interpreted according to a moral version of the labor theory of value. (shrink)

This paper concerns the question of which properties figure in the contents of perceptual experience. According to conservatives, only low-level properties figure in the contents of perceptual experience. Liberals, on the other hand, claim that high-level properties, such as natural kind properties, artifacts, and even moral properties, can figure in the contents of perceptual experience. I defend a novel argument in favor of liberalism, the Epistemic Argument, which hinges on two crucial claims. The first is that many perceptual experiences of (...) even neurotypical human beings can justify beliefs in high-level properties without providing justification for their low-level constituents. The second claim, roughly, is that any experience that alone provides (defeasible) justification for beliefs about some property p, other things being equal, has p as part of its content. In short, certain perceptual experiences represent high-level but not low-level properties, which entails that liberalism is true. (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)

The central characteristic of cognitive explanations of behavior is the appeal to inner representations. I examine the grounds which justify representational explanations, seeking the minimum conditions which organisms must meet to be candidates for such explanations. I first discuss Fodor's proposal that representationality be attributed to systems which respond to nonnomic properties, arguing that the distinction between the nomic and nonnomic in perception is fatally ambiguous. Then I turn to an illustrative review of the behavior and neurobiology of Hermissenda crassicornis, (...) a marine mollusk. Concerning this "model system," I compare the representational style of explanation with both behaviorist and neurophysiological explanations. Representational explanation is potentially more comprehensive than its rivals, and thus I conclude that representations are useful posits wherever internal information-bearing states mediate behavior. (shrink)

Grafting the Marxian idea that private property is coercive onto the liberal imperative of individual liberty, this new thesis from one of America's foremost intellectuals conceives a revised definition of justice that recognizes the harm inflicted by capitalism's hidden coercive structures. Maps a new frontier in moral philosophy and political theory Distills a new concept of justice that recognizes the iniquities of capitalism Synthesis of elements of Marxism and Liberalism will interest readers in both camps Direct and jargon-free style (...) opens these complex ideas to a wide readership. (shrink)

The familiar irony of ‘real existing socialism’ is that it never was. Socialist ideals were used to legitimize regimes that fell far short of realizing those ideals – indeed, that violently repressed anyone who tried to realize them. This paper suggests that the derogatory concept of ‘the criminal’ may be allowing liberal ideals to operate in contemporary political philosophy and real politics in a worryingly similar manner. By depoliticizing deep dissent from the prevailing order of property, this concept can (...) obscure what I call the legitimation gap. This is the gulf between (a) liberal accounts of state legitimacy, and (b) the actual functioning of liberal states. Feminists have long pointed out that the exclusion of what is deemed ‘personal’ from political consideration is itself a political move. I propose that the construction of the criminal as a category opposed to the political works similarly to perpetuate unjust forms of social power. (shrink)

In this article, we evaluate the capacity of liberal egalitarianism to rebut what we call the libertarian challenge of charity. This challenge states that coercive redistributive taxation is neither needed nor justified, since those who endorse redistribution can give charitably, and those who do not endorse redistribution cannot justifiably be coerced. We argue that contemporary developments in liberal political thought render liberalism more vulnerable to this libertarian challenge. Many liberals have, in recent years, sought to recast liberalism such that it (...) is more hospitable to cultural, religious, and ethnic diversity. This move has resulted in increased support for the claim that liberalism should be understood as a political rather than comprehensive doctrine, and that liberal institutions should draw their legitimacy from agreements made among members of an appropriately conceived deliberative community, rather than from controversial liberal principles like individual autonomy. We argue that, while this move may indeed make liberalism more compatible with cultural diversity, it also makes it more vulnerable to the libertarian challenge of charity. Not all versions of liberalism are troubled by the challenge, but those that are troubled by it are increasingly dominant. We also discuss G.A. Cohen's claim that liberal equality requires an ‘egalitarian ethos’ and argue that, if Cohen is right, it is difficult to see how there can be an adequate response to the libertarian challenge of charity. In general, our argument can be summarised as follows: the more that liberalism is concerned accurately to model the actual democratic wishes and motivations of the people it governs, the less it is able to justify coercively imposing redistributive principles of justice. (shrink)

In Property Rights and Poverty, / argued that seventeenth? to mid?nineteenth?century liberal theories of the natural right to property included both the ability to exclude others from resources lawfully acquired and the ability to claim as property the resources necessary for life and livelihood. Virtually every defense of the right to exclude written during this period carried limits which allowed and even required the government to enforce the rights of those without resources to the property of (...) others. But although Locke, among others, was a theorist of welfare rights, it is a mistake to describe him as a radical, as Richard Ashcraft does, which identifies Locke's purposes too closely with the legitimately radical theorists of the early nineteenth century who were deeply influenced by his work. (shrink)

If the U.S. Constitution is a liberal Constitution, liberal governments can have a constitutional obligation to secure positive benefits or welfare rights. The original constitutional text describes a government instrumental to the Preamble's abstract ends or goods. Constitutional rights can be reconciled to the text's instrumentalist logic by viewing them as functional to better conceptions of abstract ends among actors who would compensate for their fallibility. The Federalist confirms the instrumentalism of the constitutional text. Conservative writers who treat negative liberties (...) as constitutional ends err in several ways. They assume rational actors would establish a government for the sake of limiting it, and they ignore the positive nature of goods (life, liberty, property) that are the objects of negative liberties. They also fail to see that tax-supported protections for all positive goods, including the objects of negative liberties, must be justified by public purposes. (shrink)

The article argues that Rawls’s property-owning democracy should not be understood as a necessary standard of democratic legitimacy. This position contradicts Rawls’s own understanding to some extent, but a rejoinder with elements of political liberalism is possible. He concedes that justice as fairness is a ‘comprehensive liberal doctrine’ and that a well ordered society affirming such a doctrine ‘contradicts reasonable pluralism’. Rawls makes clear that reasonable pluralism in combination with the burdens of judgment lead to rare unanimity in political (...) life and to the necessity of majority and plurality voting procedures. (shrink)

This chapter contains sections titled: Locke, Nozick, and the Ambivalence of Property Kant, Narveson, and the Ambivalence of Property Marx and the Structural Coerciveness of Property.