Classical liberalism is skeptical about governmental organizations "doing good" for people. Instead governments should create the conditions so that people individually (Adam Smith) and in associations (Tocqueville) are empowered to do good for themselves. The market implications of classical liberalism are well-known, but the implications for organizations are controversial. We will take James Buchanan as our guide (with assists from Mill and Dewey). Unpacking the implications of classical liberalism for the "science of associations" (Tocqueville) requires a tour (...) through the intellectual history of the voluntary slavery contract and the voluntary non-democratic constitution. The argument concludes that the classical liberal endorsement of sovereign individuals acting in the marketplace generalizes to the joint action of individuals as the principals in their own organizations and associations. (shrink)

Nancy MacLean’s book, Democracy in Chains, raised questions about James M. Buchanan’s commitment to democracy. This paper investigates the relationship of classical liberalism in general and of Buchanan in particular to democratic theory. Contrary to the simplistic classical liberal juxtaposition of “coercion vs. consent,” there have been from Antiquity onwards voluntary contractarian defenses of non-democratic government and even slavery—all little noticed by classical liberal scholars who prefer to think of democracy as just “government by the (...) consent of the governed” and slavery as being inherently coercive. Historically, democratic theory had to go beyond that simplistic notion of democracy to develop a critique of consent-based non-democratic government, e.g., the Hobbesian pactum subjectionis. That critique was based firstly on the distinction between contracts or constitutions of alienation (translatio) versus delegation (concessio). Then the contracts of alienation were ruled out based on the theory of inalienable rights that descends from the Reformation doctrine of inalienability of conscience down through the Enlightenment to modern times in the abolitionist and democratic movements. While he developed no theory of inalienability, the mature Buchanan explicitly allowed only a constitution of delegation, contrary to many modern classical liberals or libertarians who consider the choice between consent-based democratic or non-democratic governments (e.g., private cities or shareholder states) to be a pragmatic one. But Buchanan seems to not even realize that his at-most-delegation dictum would also rule out the employer-employee or human rental contract which is a contract of alienation “within the scope of the employment.”. (shrink)

There is a fault line running through classical liberalism as to whether or not democratic self-governance is a necessary part of a liberal social order. The democratic and non-democratic strains of classical liberalism are both present today—particularly in America. Many contemporary libertarians and neo-Austrian economists represent the non-democratic strain in their promotion of non-democratic sovereign city-states (startup cities or charter cities). We will take the late James M. Buchanan as a representative of the (...) democratic strain of classical liberalism. Since the fundamental norm of classical liberalism is consent, we must start with the intellectual history of the voluntary slavery contract, the coverture marriage contract, and the voluntary non-democratic constitution (or pactum subjectionis). Next we recover the theory of inalienable rights that descends from the Reformation doctrine of the inalienability of conscience through the Enlightenment (e.g., Spinoza and Hutcheson) in the abolitionist and democratic movements. Consent-based governments divide into those based on the subjects' alienation of power to a sovereign and those based on the citizens' delegation of power to representatives. Inalienable rights theory rules out that alienation in favor of delegation, so the citizens remain the ultimate principals and the form of government is democratic. Thus the argument concludes in agreement with Buchanan that the classical liberal endorsement of sovereign individuals acting in the marketplace generalizes to the joint action of individuals as the principals in their own organizations. (shrink)

This book assesses the evolutionary sustainability of liberalism. The book’s central claim is that liberal institutions ultimately weaken their social groups in the evolutionary process of inter-group competition. In this sense, institutions relying on the liberal satisfaction of preferences reveal maladaptive tendencies. Based on the model of multilevel selection, this work appraises the capacity of liberal democracy and free markets to satisfy preferences. In particular, the book re-evaluates public choice theory’s classic postulate that free markets are a suitable alternative to (...) the shortcomings of western liberal democracies regarding preference satisfaction. Yet, the book concludes that free markets are not a solution to the problems of liberal democracy because both market and democratic liberal institutions rest on the liberal satisfaction of preferences, an ethic which hurts group evolutionary fitness. This volume is of interest to political theorists, evolutionary ethicists, political economists and to general readers interested in the future of liberalism. (shrink)

During the 1950s and 1960s, Patrick Devlin and H.L.A. Hart engaged in a heated intellectual exchange over the bases and limits of toleration in democratic societies. By most accounts, Hart is said to have won the debate by successfully refuting Devlin's ‘disintegration thesis’ in favour of liberal principles of political morality. This article draws attention to an unnoticed but essential element in Devlin's case: an appeal to certain principles of democracy. Although Hart is on firm ground in rejecting the (...) disintegration thesis, Devlin's democratic argument confronts Hart with a potentially devastating contradiction, for it rests on a value that liberals themselves accept — that is, equality. Because both supporters and critics of Devlin overlook the element in the debate that poses the most interesting questions about the relation between liberalism and democracy, contemporary students of liberal-democratic thought have good reason to revisit this classic debate. (shrink)

It is a commonplace amongst communitarians, socialists and feminists alike that liberalism is to be rejected for its excessive ‘individualism’ or ‘atomism,’ for ignoring the manifest ways in which we are ‘embedded’ or ‘situated’ in various social roles and communal relationships. The effect of these theoretical flaws is that liberalism, in a misguided attempt to protect and promote the dignity and autonomy of the individual, has undermined the associations and communities which alone can nurture human flourishing.My plan is to examine (...) the resources available to liberalism to meet these objections. My primary concern is with what liberals can say in response, not with what particular liberals actually have said in the past. Still, as a way of acknowledging intellectual debts, if nothing else, I hope to show how my arguments are related to the political morality of modem liberals from J.S. Mill through to Rawls and Dworkin. The term ‘liberal’ has been applied to many different theories in many different fields, but I’m using it in this fairly restricted sense. First, I’m dealing with a political morality, a set of moral arguments about the justification of political action and political institutions. Second, my concern is with this modem liberalism, not seventeenth-century liberalism, and I want to leave entirely open what the relationship is between the two. It might be that the developments initiated by the ‘new liberals’ are really an abandonment of what was definitive of classical liberalism. G.A. Cohen, for example, says that since they rejected the principle of ‘self-ownership’ which was definitive of classical liberalism, these new liberals should instead be called ‘social democrats.’My concern is to defend their political morality, whatever the proper label. (shrink)

This paper provides a brief overview of the relationship between libertarian political theory and the Universal Basic Income (UBI). It distinguishes between different forms of libertarianism and argues that a one form, classical liberalism, is compatible with and provides some grounds of support for UBI. A classical liberal UBI, however, is likely to be much smaller than the sort of UBI defended by those on the political left. And there are both contingent empirical reasons and principled moral reasons (...) for doubting that the classical liberal case for UBI will be ultimately successful at all. (shrink)

This book investigates the unresolved issue of democratic legitimacy in contexts of pervasive disagreement and contributes to this debate by defending a relational version of political liberalism that rests on the ideal of co-authorship. According to this proposal, democratic legitimacy depends upon establishing appropriate interactions among citizens who ought to ascribe to one another the status of putative practical and epistemic authorities. To support this relational reading of political liberalism, the book proposes a revised account of the civic (...) virtue of reasonableness along with an investigation of the epistemic-specific dimension of political equality. By engaging with political epistemology and social theory, this book explores ways to address inherent tensions within the liberal paradigm, using the following strategies of addressing these tensions: first, it defends a twofold model of legitimacy that distinguishes the goals, methodologies, and justificatory tasks of both ideal and nonideal phases of the two-level justificatory framework; second, it contends that democratic legitimacy requires an engaged and contextual critical appraisal of the injustices that characterize our daily social lives, illustrating how structural forms of injustice represent a profound betrayal of the liberal ideal of democratic legitimacy. (shrink)

This paper presents an argument for the democratic (or 'labor-managed') firm based on ordinary jurisprudence. The standard principle of responsibility in jurisprudence ('Assign legal responsibility in accordance with de facto responsibility') implies that the people working in a firm should legally appropriate the assets and liabilities produced in the firm (the positive and negative fruits of their labor). This appropriation is normally violated due to the employment or self-rental contract. However, we present an inalienable rights argument that descends from (...) the Reformation and Enlightenment which argues that the self-rental contract, like the self-sale or voluntary slavery contract, is inherently invalid. The key intuition of the inalienable rights theory is that one cannot in fact voluntarily transfer de facto responsibility for one's actions to another person. One can only voluntarily co-operate with another person, but then one is de facto jointly responsible for the results. Just as the legal authorities legally reconstruct the criminous employer and employee as a partnership with shared responsibility, so justice demands that every firm be legally reconstructed as a partnership of all who work (working employers and employees) in the enterprise, i.e., as a democratic firm. (shrink)

Darwinian Evolution and Classical Liberalism brings together a collection of new essays that examine the multifaceted ferment between Darwinian biology and classical liberalism.

Darwinian Evolution and Classical Liberalism brings together a collection of new essays that examine the multifaceted ferment between Darwinian biology and classical liberalism.

(1977). Classical Liberalism and Rawlsian Revisionism. Canadian Journal of Philosophy: Vol. 7, Supplementary Volume 3: New Essays on Contract Theory, pp. 95-119.

When this book was first published in 1990, there were massive economic changes in the East and significant economic challenges to the West. This critical analysis of democratic theory discusses the principles and forces that push both socialist and capitalist economies toward a common ground of workplace democratization. This book is a comprehensive approach to the theory and practice of the "Democratic firm" – from philosophical first principles to legal theory and finally to some of the details of (...) financial structure. The argument for economic democracy supports private property, free markets and entrepreneurship for instance, but fundamentally it replaces the employer/employee relationship with democratic membership in the firm. For students, teachers, policy makers and others interested in the application of democracy to the workplace, this book will serve as a manifesto and a standard reference on the topic. (shrink)

This paper aims to explore an important concept in the work of the later Rawls: the idea of the reasonable. While the concept has its roots in both Aristotle and Kant, Rawls develops a unique account of the reasonable in the light of his theory of political liberalism. The paper includes Rawlsian responses to the practical challenges of radical democrats on the one hand, and epistemological challenges to the reasonable on the other. It concludes that Rawls’s account of the reasonable (...) helps to bridge the gap between liberal theory and democratic practice. (shrink)

A certain view of Anglo-American liberal political theory has been commonplace for a couple of generations. It is said that the philosophical foundations of contractarian liberalism lie in the 17th century, chiefly in the formulations given to it by Hobbes and Locke. But for two distinct reasons these 17th century formulations fail to provide an adequate basis for contemporary political theory. First, the development of our political and economic institutions in the past two or three hundred years has made it (...) impossible to accept a theory which assumes a minimal, laissez-faire state and a highly competitive economy. Second, the individualist psychological and moral assumptions of the theory are highly dubious if not clearly false.In A Theory of justice John Rawls attempts to provide the systematic revision which liberalism so clearly needs. The revisionist intent of Rawls’ work has not received the attention it deserves, except by critics of the right who deny that such revision is needed. (shrink)

Democracy and the problem of judgment -- Judging at the "end of reasons": rethinking the aesthetic turn -- Historicism, judgment, and the limits of liberalism: the case of Leo Strauss -- Objectivity, judgment, and freedom: rereading Arendt's "Truth and politics" -- Value pluralism and the "burdens of judgment": John Rawls's political liberalism -- Relativism and the new universalism: feminists claim the right to judge -- From willing to judging: Arendt, Habermas, and the question of '68 -- What on earth is (...) a "form of life"? Judging "alien" cultures according to Peter Winch -- The turn to affect and the problem of judgment: making political sense of the nonconceptual -- Conclusion: judging as a democratic world-building practice. (shrink)

Despite growing interest in workplace democracy, the question whether nonworker stakeholders, like suppliers and local communities, warrant inclusion in the governance of democratic companies, as workers do, has been largely neglected. We inspect this question by leaning on the boundary problem in democratic theory. We first argue that the question of who warrants inclusion in democratic workplaces is best addressed by examining why workplace democracy is warranted in the first place, and offer a twofold normative benchmark—addressing objectionable (...) corporate power and upholding efficiency—to assess the principles of democratic inclusion on offer. Against this benchmark, we next argue that the All-Affected Principle is unfit due to its over- and underinclusive extensional results, and that the All-Subjected Principle, whose variants we examine alongside their extensional results, holds more promise when coupled with independent considerations of justice or a constrained variant of the All-Affected Principle. These combinations need not entirely preclude, but speak against, nonworker stakeholder inclusion. (shrink)

Lays out an account of the origins and development of liberal political and economic theoryIncludes case studies that cover thinkers and ideas from the English Civil War through to liberalism's first encounters with socialism Provides comparative analysis of distinct intellectual traditions including English natural rights theory, the Scottish Enlightenment, Victorian-era utilitarianism and classical political economyIntegrates history of economic thinking into broader milieu of modern political, moral and natural philosophyExamines secondary literature and research from a range of disciplinary areas including (...) political theory, modern intellectual history, economic thought and modern British history and philosophyThis book re-examines the philosophical roots of classical liberal political economy, as well as addressing the relationship between the empire and liberalism. It proposes an interpretive model based upon the interconnection between distinct theories of natural rights and the harmony of interests. It takes a fresh look at classical liberalism by exploring economic arguments in thinkers like Thomas Hobbes, Thomas Paine, John Trenchard and Thomas Gordon, who are not typically viewed as economic thinkers, and by highlighting the importance of Bernard Mandeville and Adam Smith in the development of interest-based liberalism. It also re-examines lesser-known economic tracts by thinkers such as John Locke, David Hume and John Stuart Mill in light of their more well-known political writings. With classical liberal assumptions still prominent in contemporary debates about economic justice, it is vital for every democratic citizen to understand the complex origins and development of the ideas that did so much to shape our world today. (shrink)

This seminal work by political philosopher C.B. Macpherson was first published by the Clarendon Press in 1962, and remains of key importance to the study of liberal-democratic theory half-a-century later. In it, Macpherson argues that the chief difficulty of the notion of individualism that underpins classical liberalism lies in what he calls its "possessive quality" - "its conception of the individual as essentially the proprietor of his own person or capacities, owing nothing to society for them." Under such (...) a conception, the essence of humanity becomes freedom from dependence on the wills of others; society is little more than a system of economic relations; and political society becomes a means of safeguarding private property and the system of economic relations rooted in property. As the New Statesman declared: "It is rare for a book to change the intellectual landscape. It is even more unusual for this to happen when the subject is one that has been thoroughly investigated by generations of historians.... Until the appearance of Professor Macpherson's book, it seemed unlikely that anything radically new could be said about so well-worn a topic. The unexpected has happened, and the shock waves are still being absorbed." A new introduction by Frank Cunningham puts the work in a twenty-first-century context. (shrink)

The theory of the firm initially developed by Ronald Coase has made explicit the political nature of firms by putting hierarchy at the heart of the economic process. Theories of workplace democracy articulate this intuition in the normative terms of the conditions under which this political power can be legitimate. This paper presents an organizational theory of workplace democracy, and contends that the democratization of firms requires that we take their organizational dimension explicitly into account. It thus construes (...) democracy as an organizational principle and juxtaposes it to market, hierarchy, and norm-compliance as rival principles for the organization of economic activities. Attempts to construe democracy as an organizational principle with unique features in the tradition of transaction-cost economics are discussed before proposing an innovative solution based on an updated version of grid/group cultural theory of politics, adjusted to accommodate the basic requirements of democratic theory. (shrink)

This volume brings together diverse sets of standpoints on liberalism in an era of growing skepticism and distrust regarding liberal institutions. The essays in the volume: - Relate concerns for liberal institutions with classical themes in perfectionist politics, such as the priority of the common good in decision-making or the role of comprehensive doctrines. - Analyse how perfectionist intuitions about the political life affect our concepts of public reason or public justification. - Outline various moral duties we have toward (...) other persons that underlie the liberal institutions or notions of rights functioning across the contemporary political landscape. - Explore various aspects of pluralism from within influential religious or philosophical traditions, applying insights from those traditions to issues in contemporary politics. The comprehensive volume will be of great interest to scholars, students, and researchers of politics, especially those in political philosophy and political theory. (shrink)

The development of the theory of deliberative democracy is connected to the completion of two tasks. The first is to combine broad political participation with the rationality of the political process. The second is to ensure the political unity of modern societies, which are characterized by a pluralism of often incompatible values, norms, and lifestyles. Within the framework of this theory, the key democratic procedure is rational deliberation open to all interested parties. The purpose of this procedure is to (...) reach an agreement, as stated in the theory of Jurgen Habermas. However, experimental studies of deliberative practices show that they may result not in agreement but in the radicalization of positions. Unlike Habermas, John Rawls believes that a consensus on values and norms is unattainable. His theory of political liberalism attempts to answer the question of how political unity is possible in practically insoluble conflict, that is, in a situation of disagreement. He proposes the ideal of a well-ordered society with the assumption that a just society is one in which there is no agreement on comprehensive doctrines, but there is a consensus on the basic principles of justice. However, Rawls’s theory, in turn, faces a number of significant problems. For example, he was forced to admit that the democratic culture of society is a prerequisite for the formation of basic principles of justice in a well-ordered society. Rawls’s idea about the connections among disagreement, political freedom, and democracy influenced the further development of the theory of democracy, stimulating the search for different models of decision-making and the formation of political will without rational agreement. After all, the possibility of democracy lies in the conflict of ideas about justice and good. (shrink)

This article focuses on the following three novel and original philosophical approaches to classical liberalism: Den Uyl and Rasmussen’s perfectionist argument from meta-norms, Gaus’s justificatory model, and Kukathas’s conscience-based theory of authority. None of these three approaches are utilitarian or consequentialist in character. Neither do they appeal to the notion of a rational bargain as it is typical within contractarianism. Furthermore, each of these theory rejects the idea that classical liberalism should be grounded on considerations of interpersonal justice (...) such as those that are central to the Lockean tradition. It is argued that these three theories, despite their many attractive features, fail to articulate in a convincing manner some central classical liberal concerns. (shrink)

What is freedom? Can we measure it? Does it affect policy? This book develops an original measure of freedom called 'Autonomy Freedom', consistent with J. S. Mill's view of autonomy, and applies it to issues in policy and political design. The work pursues three aims. First, it extends classical liberalism beyond exclusive reliance on negative freedom so as to take autonomous behavior explicitly into account. Second, it grounds on firm conceptual foundations a new standard in the measurement of freedom (...) that can be fruitfully coupled with existing gauges. Third, it shows empirically that individual preferences for redistribution and cross-country differences in welfare spending in Organisation for Economic Co-operation and Development countries are driven by the degree of 'autonomy freedom' that individuals enjoy. By means of an interdisciplinary approach and a sophisticated econometric methodology, the book takes an explicit stand in defense of freedom and sets the basis for a liberalism based upon people's actions and institutions. (shrink)

: My project aims to develop a relational, pluralistic political theory that moves us beyond liberal democracy, and to consider how such a theory translates into our public school settings. In this essay I argue that Dewey offers us possibilities for moving beyond one key assumption of classical liberalism, individualism, with his theory of social transaction. I focus my discussion for this paper on Dewey's renascent liberal democracy. I move from a discussion of Dewey's liberal democratic theory to (...) what a relational, pluralistic democratic theory might look like, with Dewey's help. (shrink)

Classical natural law theory derives moral conclusions from the essentialist and teleological understanding of nature enshrined in classical metaphysics. The paper argues that this understanding of nature is as defensible today as it was in the days of Plato, Aristotle, Augustine, and Aquinas. It then shows how a natural law theory of the grounds and content of our moral obligations follows from this understanding of nature, and how a doctrine of natural rights follows in turn from the theory (...) of natural law. With this background in place, the implications of the theory for questions about property rights and taxation are explored. It is argued that classical natural law theory entails the existence of a natural right of private property, and that this right is neither so strong as to support laissez faire libertarianism, nor so weak as to allow for socialism. Though the theory leaves much of the middle ground between these extremes open to empirical rather than moral evaluation, it is argued that there is a strong natural law presumption against social democratic policies and in favor of free enterprise. (shrink)

In Postmodernism and Democratic Theory, Aryeh Botwinick is concerned with defining postmodernism and exploring its political-economic dimensions. Previous attempts at definition have foundered because the theory has a built-in incoherence: in their rejection of reasoned argument, postmodernists must rely on reasoned argument to make their case. This issue of "self-referentialism" is pivotal, for example, in Jurgen Habermas's criticism of the postmodernists. But Botwinick shows that postmodernism can be coherently conceived as a "generalized agnosticism," which remains open to all possibilities (...) - including the possibility of its own falsity. In developing this view of postmodernism, the author applies it to the work of a wide range of contemporary political philosophers, from Jurgen Habermas and Jean-Francois Lyotard to Leo Strauss. Botwinick also invokes a "generalized agnosticism" in assessing the ideas of such classic thinkers as Rousseau, Freud, and Wittgenstein. In the second part of the book, Botwinick uncovers and analyzes participatory undercurrents in the thought of both Hobbes and Plato. On the basis of their work, Botwinick tries to plot the transition between modernist and postmodernist democratic society. (shrink)

Habermas' discourse theory stresses the autonomy of public deliberation transcending the spontaneous emergence of private networks of legal relationships between individuals. Only the public discourse which is detached from the inertia of overlapping practical forms of coordination can refer to the ideally designed social work of legitimated interpersonal relationships. The democratic constitution is regarded as a legal institutionalization of the priority of the public forum of discourse. Conceptions related to classical liberalism would question the cognitive potential of public (...) deliberation, and even deny its productivity as a normative frame of reference for (post‐)modern societies which are confronted with the challenge of uncertainty and the continuous process of self‐transformation. (shrink)

Workplace democracy is often defined, and has recently been defended, as a form of intra-firm governance in which workers have control rights over management with no ownership requirement on their part. Using the normative tools of republican political theory, the paper examines bargaining power disparities and moral hazard problems resulting from the allocation of control rights and ownership to different groups within democratic firms, with a particular reference to the European codetermination system. With various qualifications related to potentially (...) mitigating factors, such as workforce and shareholder composition or risk aversion and reallocation, the paper contends that forms of workplace democracy in which workers control and own the firm, such as cooperativism, are preferable to other forms, such as codetermination, in which ownership and control rights are formally separated. (shrink)

This book is a collection and reworking of research done by Pascal Salin since around 1990. Salin is an economist in the tradition of the Austrian school of economics. He emphasizes the centrality of individual choice in an uncertain world in which individual actions interact to produce spontaneous orders. But he is no mere conduit of established ideas. He also offers his own highly original insights honed after a lifetime as an economist, one who has earned the respect in which (...) he is now held by his peers worldwide. The book makes delightful reading. Salin covers a lot of ground in this book, mostly within the topics indicated by the title, though in the final two chapters he goes beyond these and into the foundations of economic science. The book is divided into five parts: (1) firms, markets and competition, (2) globalization and international economic problems, (3) monetary integration, (4) money, finance and economic policies, and (5) foundations of economic theory. (shrink)

In Free Market Fairness, John Tomasi defends classical-liberal principles not because of real-world considerations but on ideal-theoretic grounds. However, what constitutes a sufficiently “ideal” ideal theory is debatable since, as Tomasi shows, regimes that range from laissez faire to heavily interventionist can all be classified as legitimate from the perspective of ideal theory. Conversely, if ideal theory can allow for realistic constraints, as Rawls does, then we should recognize that even under ideal-theoretic conditions, political actors face logistical, epistemic, and (...) motivational challenges that only intensify in the real world, where questions of feasibility become paramount. (shrink)

Professor Macpherson is perhaps the most important living heir of John Stuart Mill and more especially of that in Mill which in the latter part of his life led him to become a socialist. Macpherson's polemics against liberalism's inheritance from possessive individualism make him the opponent of some of Mill's substantive positions and of even more of his formulations. But if we represent Macpherson as trying to rescue from Mill that which derives from his “concept of the power of a (...) man as his ability to use and develop his uniquely human capacities” from that which derives from his “concept of a man's power as his ability to command the services of others” we shall do him no injustice. If he disagrees with Mill and Berlin in his rejection of any purely negative concept of liberty, he agrees with them in rejecting what he calls the “Idealist or metaphysical rationalist” view of positive liberty with its “great, disciplined, authoritarian structures”. (shrink)

Although general equilibrium theory originated in the late nineteenth century, modern elaboration and development of the theory began only in the 1930s and 1940s. This book focuses on the version of the theory developed in the second half of the twentieth century, referred to by Lionel McKenzie as the classical general equilibrium theory. McKenzie offers detailed and rigorous treatment of the classical model, giving step-by-step proofs of the basic theorems. In many cases he elaborates on the individual steps (...) to give a fuller understanding of the underlying principles. His goal is to provide readers with a true mastery of the methodology so that they can derive new results that will further enrich their thinking about general equilibrium theory. Special attention is given to the McKenzie model, in which it is not assumed that the number of firms is given but rather that technologies or activities are available to any agents who can supply the resources they require. The McKenzie model is used to establish the turnpike theorems of optimal and competitive capital accumulation. (shrink)

This paper offers a critique of the “democratic state of education” proposed by Amy Gutmann in her influential book Democratic Education. In the democratic state of education, educational authority is shared among the state, parents and educational professionals; and educational objectives are geared toward equipping future citizens to participate in what Gutmann calls “conscious social reproduction”—the collective shaping of the future of society through democratic deliberation. Although I agree with some of Gutmann’s broad recommendations for civic (...) education, I have misgivings about the centrality that she gives to conscious social reproduction in her theory of education. I argue that in focusing so intently on the facilitation of conscious social reproduction, Gutmann’s theory makes insufficient room for the basic interests of individual children, and in particular, their prospective interest in autonomy. Gutmann’s considered position on sex education policy—specifically, her willingness to allow local communities to deny their children access to sex education—exemplifies the shortcomings of her theory. Ultimately, her democratic state of education fails to acknowledge the fundamental moral importance of individual flourishing, and the contribution that education can and should make to it. (shrink)

The pragmatic turn away from epistemology could mean a number of things for the definition of the future of political theory. First, political liberalism would mark a distinct departure from comprehensive liberalism that is based solely on epistemological justification of fundamental liberal notions. Second, the pragmatic turn would cause Rawls to modify his long-time emphasis on constructivism, moving from Kantian constructivism to political constructivism, and implicitly adopting more substantive approach. Third, the fact of pluralism would radically open up the question (...) of the foundation for consensus, which would lead to an emphasis on constitutionalism. Fourth, this move, innovative as it was, would lead to the establishment of an association between constitutional interpretation and public reason. Finally, this set of moves associated with the pragmatic turn would essentially set up a series of constraints when it comes to evaluating public reason from an international perspective. (shrink)

Augustine—for all of his influence on Western culture and politics—was hardly a liberal. Drawing from theology, feminist theory, and political philosophy, Eric Gregory offers here a liberal ethics of citizenship, one less susceptible to anti-liberal critics because it is informed by the Augustinian tradition. The result is a book that expands Augustinian imaginations for liberalism and liberal imaginations for Augustinianism. Gregory examines a broad range of Augustine’s texts and their reception in different disciplines and identifies two classical themes which (...) have analogues in secular political theory: love—and related notions of care, solidarity, and sympathy—and sin—as well as related notions of cruelty, evil, and narrow self-interest. From an Augustinian point of view, Gregory argues, love and sin constrain each other in ways that yield a distinctive vision of the limits and possibilities of politics. In providing a constructive argument for Christian participation in liberal democratic societies, Gregory advances efforts to revive a political theology in which love’s relation to justice is prominent. _Politics and the Order of Love _will provoke new conversations for those interested in Christian ethics, moral psychology, and the role of religion in a liberal society. (shrink)

The revolt against expertise is a novel aspect of a larger and longer-standing discontent with the power of managerial elites within modern democracies. In the United States, scientific expertise is contested adversarially on the model of a public trial. In broadcast media, expert disagreement proceeds via staged debates with opposing sides (generally representing extremes of more complex debates) arguing scientific questions bearing on public policy. By the mid-20th century many observers agreed that this broadcast format had transformed the active ‘public’ (...) – the target audience of these debates – into a passive ‘mass society’ that could listen to or view them, but had few or no means, outside of electoral politics, to engage with them. Two recent developments have challenged the traditional approach to public debates of scientific expertise, and challenged that expertise itself. The first is the rapid privatization of science since about 1980, changing public perception of scientists from disinterested servants of truth to spokespersons for government or economic interests. The second (since about 2007) is the combination of the universality of smartphones and direct access to internet discussion platforms not controlled by managerial elites, which have transformed the mute ‘mass’ into a highly vocal assortment of selforganizing publics (like those imagined in classical democratic theory) demanding to be heard directly on scientific questions. The matter of who now is a scientific expert, for whom, and under what circumstances, is a pressing question for historians, philosophers, and sociologists of science. (shrink)

Democratic theorists often distinguish between two views of democratic procedures. ‘Outcomes theorists’ emphasize the instrumental nature of these procedures and argue that they are only valuable because they tend to produce good outcomes. In contrast, ‘proceduralists’ emphasize the intrinsic value of democratic procedures, for instance, on the grounds that they are fair. In this paper. I argue that we should reject pure versions of these two theories in favor of an understanding of the democratic ideal that (...) recognizes a commitment to both intrinsically valuable democratic procedures and democratic outcomes. In instances in which there is a conflict between these two commitments, I suggest they must be balanced. This balancing approach offers a justification of judicial review on the grounds that it potentially limits outcomes that undermine democracy. But judicial review is not justifiable in any instance in which a bad democratic outcome results from democratic procedures. When the loss that would result from overturning a democratic procedure is greater than the gain to democracy that would result from ensuring against an undemocratic outcome; judicial review is not justifiable. Loss or gain to democracy is defined by the negative or positive impact of each action on the core democratic values of equality and autonomy, aspects of the democratic ideal. Even when judicial review is justified, the fact that it overturns intrinsically valuable procedures suggests that such review is never ideal from the standpoint of democracy. (shrink)

Activism undertaken by CEOs has been on the rise in recent years. Research on this practice has been primarily concerned with determining the conditions under which a CEO’s public statements on sociopolitical issues are beneficial or detrimental to her firm’s business performance. We complement this instrumental perspective on CEO activism with an ethical investigation of the implications of CEO activism for the democratic process. Drawing on political philosophy, we show that the answer to the question of whether CEO activism (...) is conducive to the democratic process depends on the view of democracy that is adopted. From the perspective of liberalism, the sole requirement that an instance of CEO activism must fulfill is that it is lawful, provided that the applicable law sufficiently protects people’s essential rights. However, from the viewpoint of republicanism, this is not a sufficient condition. Besides being law-abiding, CEOs should be “civic-minded” when intervening in public debates, i.e., concerned with the quality and fairness with which those debates are conducted. Based on the literature on republicanism, we suggest four possible criteria that civic-minded CEOs can apply to gauge the democratic conduciveness of a possible public intervention: added insight, timeliness, constructiveness, and transparency. Our article complements the predominantly instrumentally oriented literature on CEO activism and contributes, more broadly, to the literature that explores the normative dimensions of corporate political involvement, as well as to a growing strand of research that draws on philosophical theory to inform business leaders’ ethical decision-making. (shrink)

Augustine—for all of his influence on Western culture and politics—was hardly a liberal. Drawing from theology, feminist theory, and political philosophy, Eric Gregory offers here a liberal ethics of citizenship, one less susceptible to anti-liberal critics because it is informed by the Augustinian tradition. The result is a book that expands Augustinian imaginations for liberalism and liberal imaginations for Augustinianism. Gregory examines a broad range of Augustine’s texts and their reception in different disciplines and identifies two classical themes which (...) have analogues in secular political theory: love—and related notions of care, solidarity, and sympathy—and sin—as well as related notions of cruelty, evil, and narrow self-interest. From an Augustinian point of view, Gregory argues, love and sin constrain each other in ways that yield a distinctive vision of the limits and possibilities of politics. In providing a constructive argument for Christian participation in liberal democratic societies, Gregory advances efforts to revive a political theology in which love’s relation to justice is prominent. _Politics and the Order of Love _will provoke new conversations for those interested in Christian ethics, moral psychology, and the role of religion in a liberal society. (shrink)

The theme of this issue of Ethical Perspectives is the French tradition in liberal thought, and the unique contribution that this tradition can make to debates in contemporary liberalism. It is inspired by a colloquium held at the Katholieke Universiteit Leuven in December of 2008 entitled “In Search of a Lost Liberalism: Constant, Tocqueville, and the singularity of French Liberalism.” This colloquium was held in conjunction with the retirement of Leuven professor and former Dean of the Institute of Philosophy, André (...) Van de Putte, who found much inspiration in this tradition. A revised version of his valedictory lecture from the conference serves as the final contribution to this issue. Much contemporary liberal political philosophy is currently done in conversation with a line of liberal thinkers starting with John Locke, running through Immanuel Kant and John Stuart Mill, and culminating in the work of John Rawls and his followers. The reasons for the enormous appeal of this philosophical tradition are, among other things, the combination of the central role of the intuitively appealing value of individual liberty with a strong rationalistic, universalistic, and normative character. The thread running through most of these liberal theories is a commitment to what the French liberal Benjamin Constant referred to as “the liberty of the moderns,” that is, liberty in a negative sense, as a lack of interference in one’s activity from others and from government. This focus has expanded over time to include a richer body of civil, political, social, economic and cultural rights, for instance, in the work of liberal thinkers who have tried to integrate the insights of communitarian thought and discourse ethics in their work. However, the emphasis on individual liberty in the negative sense continues to be the normative and theoretical touchstone and default position for many contemporary liberal theories. The limitation of the canon of liberal thought to the aforementioned authors and themes deprives the contemporary debate of a rich source of ideas: the French liberal tradition. Montesquieu, considered to be the father of this tradition, provides a good example of how it can enrich current debates in liberal theory. Montesquieu’s work evinces a keen eye for the dynamics of power relations and the limitations of the power of the better rational argument. His insight that power can sometimes only be checked by an equal and opposing power, so that a system of separation and balance of powers is necessary in order to preserve liberty, is reflected in the foundations of most modern democracies. Montesquieu also argues that contingent environmental, historical, social and economic conditions play a dramatic role in determining what kind of government is appropriate for a particular society. On his view, ignoring these facts when framing a government can inadvertently end in despotism. Montesquieu’s observations challenge us to reexamine some of contemporary liberalism’s universalist and rationalist claims. Benjamin Constant is most famous for his distinction between two kinds of liberty: the liberty of the ancients and the liberty of the moderns. The ancient form of liberty manifested itself in the active political participation of citizens in the ancient republic. While this form of government and decision-making was suitable for small, homogeneous city-states, Constant argues that it is impracticable for large modern nation-states. Hence, the concept of modern liberty shifts to an emphasis on the rule of law and the non-interference of the state in private matters. This form of liberty is familiar to us from contemporary liberalism – and Constant cherishes this form of freedom as much as any liberal does today. However, his position is complex: he also argues that the liberty of the ancients should not be neglected. Active political participation is needed to ensure that the government is executing its duty of preserving the modern form of liberty by publicly pointing out violations. The contemporary relevance of Constant’s work is clear when we consider the alleged “democratic deficit” that plagues the EU and international institutions such as the UN, the IMF, and the World Bank. Not only does this democratic deficit threaten the modern form of liberty by placing decision-making processes out of sight of the people, it also threatens citizens’ sense of self-respect derived from self-governance. Constant’s argument for the necessity of combining the liberty of the ancients with that of the moderns provides a fruitful resource for confronting these contemporary issues. Tocqueville’s work on liberalism benefits from his opportunity to observe a society founded on liberal democratic principles – the United States of America – in action. In his Democracy in America, he examines the social consequences, both intended and unintended, of building a society on ‘the equality of conditions’, as he defines ‘democracy’. Tocqueville sees a tension between the democratic value of equality and the aristocratic value of the rule of the best. He observes that democratic societies do not necessarily choose the best leaders and instead promote mediocrity instead of virtue, talent, and excellence. Democracy also confronts citizens with the threat of ‘soft despotism’, where a government that preserves the outer signs of the liberty of the moderns nevertheless controls the behavior of its citizens in minute detail through a system of detailed rules ostensibly aimed at their welfare. This paternalism is an even more insidious threat to liberal values than the hard variety of despotism, since it is so difficult to detect and done in the name of liberal values themselves. Taking Tocqueville’s observations seriously would add complexity to attempts to theorize about the modern social-democratic welfare state. The contributions to this issue supplement and critique mainstream liberal thought and its relation to contemporary issues through a serious engagement with the French liberal tradition. Annelien De Dijn’s contribution discusses Bertrand de Jouvenel, a lesser-known 20th Century representative of the French political tradition she terms ‘aristocratic liberalism’. This tradition has its roots in the work of Montesquieu, and emphasizes the importance of intermediary bodies, most importantly the aristocracy, in providing a check to the top-down power of despotic state authorities and the bottom-up power of revolutionary leveling tendencies, both of which threaten liberty. De Dijn situates Jouvenel in this tradition, but then indicates an important difference between his thought and that of his predecessors: his most significant work, On Power, is not only on French history, but on European history. Pointing to the enthusiastic reception of this work in the Anglophone world, she suggests that the rise of totalitarianism in Europe gave the anti-totalitarian features of aristocratic liberalism a broader appeal. Valentino Lumowa’s paper concerns Constant’s classic text, The Liberty of the Ancients Compared with that of the Moderns. Lumowa argues that in order to understand Constant’s piece, we must be aware that its two parts were written under different historical circumstances and decipher the argumentative thrust inherent in the text. Following Stephen Holmes, he argues that to understand the shift Constant made in the second part of the text, we should read it within the context of the increasing influence of the ultra-Royalists in the legislature during the Bourbon Restoration. However, in contrast to Holmes, he contends that the spirit of both civic and individual freedom, which enlivens representative system, is the backbone of the text in its unity. Demin Duan’s essay investigates an apparent ambivalence between liberal and imperialist tendencies in the work of Alexis de Tocqueville, which has already drawn some attention from Tocquevillian scholars. These interpretations of Tocqueville and his writings on empire generally agree that Tocqueville stands in a recognized tradition of liberalism, which is characterized by respect for human rights, individual freedom and a sense of universal humanism. On this standard view, Tocqueville’s support of imperialism represents nothing but an unfortunate breach of his own otherwise consistent liberal thinking. Duan’s article questions this standard position. By questioning the assumption of Tocqueville’s liberalism in the first place, he tries to gauge the influence of both the old republican tradition and the new liberal perspective on his thinking. In conclusion, he argues that Tocqueville’s overall thought, especially his notion of freedom, is very much informed by an old republican tradition. His support of French imperialism could be better understood from this perspective rather than be rendered simply as a deviation from liberal norms. Pawel Marczewski’s contribution is an attempt to show that Tocqueville’s conception of liberty transcends the divisions between negative and positive aspects of freedom. He begins by juxtaposing this conception with the opposition drawn by Constant between liberty of the ancients and liberty of the moderns. While Tocqueville and Constant shared a concern for the preservation of individual rights, Tocqueville was much more reluctant to accept the modern loss of the communal dimension of liberty. He did not accept the view that jouissances privées, private pleasures, are the main compensation that the modern world has to offer for the lost ancient treasure of political participation. The essay then looks into the relevance of Tocqueville’s standpoint for current debates between liberal defenders of negative freedom and republican advocates of freedom as non-domination. Participants on both sides of the debate seem to be so devoted to showing that their particular approach provides the best guarantees against actual and possible threats to liberty that they overlook the fact that their definitions of freedom remain significantly similar. By arguing that ‘to be free is to be guided by one’s own will’, contemporary republicans, as well as their liberal counterparts, move along the lines drawn by Constant towards private pleasures. By questioning the inevitability of this turn, Tocqueville provides us with a valuable contribution to these discussions in contemporary political philosophy. Finally, André Van de Putte’s contribution, an adaptation of his emeritus speech that closed the conference on French Liberalism, appeals to Tocqueville in order to draw attention to the importance of intermediary, dialogical bodies in mitigating the implicit despotic tendencies of the democratic drive to equality. In Tocqueville’s view, the transition from the feudal corporate inequality to democratic individual equality was not a clean break. Rather, this transition is a continual process of democratization that is driven by a desire for equality, or egalité des conditions. This dissolution of distinctions of estate, class and status has the unintended consequence of concentrating the diffuse power of these entities into a centralized state, which is responsible for ensuring the equality of all under the law. This process leaves increasingly isolated and atomized individuals to face the power of a monolithic state in defense of their freedom, and moves toward a soft, paternalistic despotism. Constant’s freedom of the moderns is not sufficient to protect individuals from this centralized power. Democracy also requires the political freedom of the ancients. Van de Putte argues for a system in which atomized individuals organize themselves into intermediary bodies that, in a Montesquieuian balance of powers, can enter into dialogue with each other and the state on more equitable terms. Van de Putte’s contribution closes with a plea for a conception of democracy as a regime of dialogue. (shrink)

This paper uses structural analogies to competing political philosophies of human society as a heuristic tool to differentiate between ecological theories and to bring out new aspects of apparently well-known classics of ecological scholarship. These two different areas of knowledge have in common that their objects are ‘societies’, i.e. units composed of individuals, and that contradictory and competing theories about these supra-individual units exist. The benefit of discussing ecological theories in terms of their analogies to political philosophies, in this case (...) liberalism, democratism and conservatism, consists in the fact that political philosophies show clear differences and particularities as regards their approach to the concepts of individuality and intentional action. The method therefore helps to expose peculiarities of ecological theories that are usually considered canonical, as well as hybrid forms, and to differentiate between two different types of theories about functional wholes. The basis of this method is the constitutional-theoretical premise that modern paradigms of socialization structure the ecological discourse. (shrink)

A prominent concern in the literature on the ethics of human enhancement is that unequal access to future technology will exacerbate existing societal inequalities. The philosopher Daniel Wikler has argued that a futuristic cognitively enhanced majority would be justified in restricting the civil liberties of the unenhanced minority population for their own good in the same way that, mutatis mutandis, the cognitively normal majority are now justified in restricting the civil liberties of those deemed to be cognitively incompetent. Contrary to (...) this argument, the author of this manuscript presents and defends The Liberal Argument to Protect Cognitive ‘Normals’. According to this argument, while classical liberalism authorizes the cognitively competent to paternalistically restrict the civil liberties of the cognitively incompetent, classical liberalism does not authorize the cognitively enhanced to paternalistically restrict the civil liberties of the cognitively normal. Two additional arguments are developed in support of The Liberal Argument to Protect Cognitive ‘Normals’. The author of this manuscript concludes by suggesting that classical liberalism could be valuable for protecting the civil liberties of disenfranchised groups in a future in which enhancement technology could exacerbate existing societal inequalities. (shrink)

In The System of Liberty: Themes in the History of Classical Liberalism, George H. Smith focuses his thematic approach regarding the study of classical liberal political philosophy on both natural-rights philosophers, in what Smith deems the “Lockean Paradigm,” and nineteenth-century utilitarian liberals. Smith does not merely provide an overview of the history of this theory—rather, he attempts to discover how and why liberal theory had faced major challenges in the nineteenth-century with regard to both its theoretical foundations and (...) its level of public support. Concluding, along with Herbert Spencer, that following positive results in innovation and in the economic sphere, which were achieved through the reduction of government power, “most people, seeing that these beneficial results had something to do with government, failed to differentiate between the repeal of onerous laws and the passing of new laws” (p. 213), Smith attempts to discover why liberals were unsuccessful in clai. (shrink)