This article reflects on an in‑depth reading of a publication exploring the question of transsexualism and transsexuals in Poland, as well as the experiences resulting from the medical care of such individuals. The first part of the text is a supplement with essential information from the medical field, which to a large degree is uncovered in the book under review. The second part presents critical comments relating to the book’s contents both in terms of the information it contains (on a (...) theoretical level) and equally in terms of its research (on an empirical level). In the conclusion, both the overall positive aspects of the publication as well as its weaker points are summed up in general terms. (shrink)

Postcolonial Liberalism presents a compelling account of the challenges to liberal political theory by claims to cultural and political autonomy and land rights made by indigenous peoples today. It also confronts the sensitive issue of how liberalism has been used to justify and legitimate colonialism. Ivison argues that there is a pressing need to re-shape liberal thought to become more receptive to indigenous aspirations and modes of being. What is distinctive about the book is the middle way it (...) charts between separatism, on the one hand, and assimilation, on the other. These two options present a false dichotomy as to what might constitute a genuinely postcolonial liberal society. In defending this ideal, the book addresses important recent debates over the nature of public reason, justice in multicultural and multinational societies, collective responsibility for the past, and clashes between individual and group rights. (shrink)

Debunking skeptics claim that our moral beliefs are formed by processes unsuited to identifying objective facts, such as emotions inculcated by our genes and culture; therefore, they say, even if there are objective moral facts, we probably don’t know them. I argue that the debunking skeptics cannot explain the pervasive trend toward liberalization of values over human history, and that the best explanation is the realist’s: humanity is becoming increasingly liberal because liberalism is the objectively correct moral stance.

Debates between political liberals and liberal perfectionists have been reinvigorated by Jonathan Quong’s Liberalism Without Perfection. In this paper I argue that certain forms of perfectionism can rebut or evade Quong’s three central objections – that perfectionism is manipulative, paternalistic, and illegitimate. I then argue that perfectionists can defend an ‘internal conception’ of perfectionism, parallel in structure to Quong’s ’internal conception’ of political liberalism, but with a different conception of the justificatory constituency. None of Quong’s arguments show that his (...) view should be preferred to this perfectionist internal conception. It can thus equally claim to achieve ‘justification to all reasonable citizens’. (shrink)

Many accounts of political liberalism contend that reasonable citizens ought to refrain from invoking their disputed comprehensive beliefs in public deliberation about constitutional essentials. Critics maintain that this ‘refraining condition’ puts pressure on citizens to entertain skepticism about their own basic beliefs, and that accounts of political liberalism committed to it are resultantly committed to a position – skepticism about conceptions of the good – that is itself subject to reasonable disagreement. Discussions in the epistemology of disagreement have tended to (...) reinforce this critique, which has come to be known as political liberalism’s skeptical problem. This paper responds to the skeptical problem by providing a novel rationale to the refraining condition, which I call the burden of total experience. Such a burden emphasizes that full communication of the basis of individual belief is not always possible, even between epistemic peers. Accepting the burden of total experience allows individuals to recognize the reasonableness of the refraining condition in a way that stops the slide to skepticism, all while avoiding, or so I argue, relying on a problematically controversial explainer for disagreement. (shrink)

In the emerging literature on judgment aggregation over logically connected proposi- tions, expert rights or liberal rights have not been investigated yet. A group making collective judgments may assign individual members or subgroups with expert know- ledge on, or particularly affected by, certain propositions the right to determine the collective judgment on those propositions. We identify a problem that generalizes Sen's 'liberal paradox'. Under plausible conditions, the assignment of rights to two or more individuals or subgroups is inconsistent (...) with the unanimity principle, whereby unanimously accepted propositions are collectively accepted. The inconsistency can be avoided if individual judgments or rights satisfy special conditions. (shrink)

Liberal political institutions have been an enormous boon for humanity. The free market aspect of liberalism has led to an explosion of innovation, ranging from new kinds of technology and novel forms of entertainment to advances in science and medicine. The emphasis on individual rights at the core of liberalism has increased our ability to explore new ways of living and to construct an identity of our own choosing. But liberal political institutions around the world are facing two (...) crises: low fertility and declining social trust. In particular, liberalism’s focus on individual liberty rather than group cohesion can increase economic productivity by encouraging the free movement of people and capital, but this movement is associated with declines in social cohesion and fertility. In this essay, we highlight some challenges to the long-term evolutionary stability of liberalism. In other words, we raise the question: Can liberalism last? (shrink)

The ‘convergence conception’ of political liberalism has become increasingly popular in recent years. Steven Wall has shown that convergence liberals face a serious dilemma in responding to disagreement about whether laws are publicly justified. What I call the ‘conjunctive approach’ to such disagreement threatens anarchism, while the ‘non-conjunctive’ approach appears to render convergence liberalism internally inconsistent. This paper defends the non-conjunctive approach, which holds that the correct view of public justification should be followed even if some citizens do not consider (...) enacted laws to be publicly justified. My argument sheds light on the fundamental structure of convergence liberalism. (shrink)

The original – and often continuing – sin of countries with a settler colonial past is their brutal treatment of indigenous peoples. This challenging legacy continues to confront modern liberal democracies ranging from the USA and Canada to Australia, New Zealand and beyond. Duncan Ivison’s book considers how these states can justly accommodate indigenous populations today. He shows how indigenous movements have gained prominence in the past decade, driving both domestic and international campaigns for change. He examines how the (...) claims made by these movements challenge liberal conceptions of the state, rights, political community, identity and legitimacy. Interweaving a lucid introduction to the debates with his own original argument, he contends that we need to move beyond complaints about the ‘politics of identity’ and towards a more historically and theoretically nuanced liberalism better suited to our times. This book will be a key resource for students and scholars interested in political theory, historic injustice, Indigenous studies and the history of political thought. (shrink)

I analyse the 2014 policy to promote 'British values' in schools from the perspective of the two main positions in contemporary liberal theory, comprehensive liberalism and political liberalism. I highlight in what ways comprehensive and political liberal defences of the policy are unsatisfactory, before briefly sketching a possible alternative position – ‘thin comprehensive liberalism’ – and discussing its potential for justifying a substantive education in liberal values. In light of this theoretical perspective, I suggest some ways that (...) the existing British values policy might be amended in practice so as to bring it more in line with the liberal ideal. (shrink)

Liberalism has a complicated and sometimes uneasy relationship with truth. On one hand, liberalism requires that truth be widely valued and widely shared. It demands that governments be truthful and that citizens have ready access to numerous truths. Some liberals even take facilitating the discovery and dissemination of truth to be part of the raison d’être of liberal institutions. On the other hand, liberalism is averse to proclaiming or enforcing truth. It detaches truth from political legitimacy and deems certain (...) truths unfit to serve as bases of government. Some liberals have even suggested that liberal theory must work “without the concept of truth.” How has liberalism come to both demand truth and eschew it? This introductory section provides the beginnings of an answer by surveying some of the origins and core elements of liberal thought. (shrink)

(Winner of The Res Publica Essay Prize) This article defends a moderate version of state perfectionism by using Gerald Gaus’s argument for liberal neutrality as a starting point of discussion. Many liberal neutralists reject perfectionism on the grounds of respect for persons, but Gaus has explained more clearly than most neutralists how respect for persons justifies neutrality. Against neutralists, I first argue that the state may promote the good life by appealing to what can be called “the qualified (...) judgments about the good life,” which have not been considered by liberal perfectionists including Joseph Chan and Steven Wall. Then I clear up several possible misunderstandings of these judgments, and argue that: (a) moderate perfectionism does not rely on controversial rankings of values and is committed to promoting different valuable ways of life by pluralistic promotion; and (b) moderate perfectionism requires only an indirect form of coercion in using tax money to support certain moderate perfectionist measures, which is justifiable on the grounds of citizens’ welfare. Thus, I maintain that moderate perfectionism does not disrespect citizens, and is not necessarily unfair to any particular group of people. It is, in fact, plausible and morally important. The defence of moderate perfectionism has practical implications for the state’s policies regarding art development, drug abuse, public education, and so on. (shrink)

The child’s right to an open future aims at protecting the autonomy of the mature person into which a child will normally develop. The justification of state interventions into parental decisions which unduly restrict the options of the prospective adult has to address the problem that the value of autonomy is highly contested in modern pluralist societies. The article argues that the modern majority culture provides young adults with many more options than traditionalist religious communities. However, the options that can (...) be chosen in faith groups, such as the Amish, do not constitute a subset of the options available in the wider society. Therefore, state policies which pursue the goal of providing every child with the greatest possible set of options cannot be based on a neutralist version of political liberalism. The advocates of a child’s right to an open future must rely on a perfectionist version of liberalism which draws on the ideal of leading an autonomous life. Since liberal perfectionism has problematic implications, the article defends a neutralist position that largely refrains from state interference with the educational authority of fundamentalist religious communities. (shrink)

I argue that contemporary liberal theory cannot give a general justification for the institution or practice of punishment, i.e., a justification that would hold across a broad range of reasonably realistic conditions. I examine the general justifications offered by three prominent contemporary liberal theorists and show how their justifications fail in light of the possibility of an alternative to punishment. I argue that, because of their common commitments regarding the nature of justification, these theorists have decisive reasons to (...) reject punishment in favor of a non-punitive alternative. I demonstrate the possibility of this alternative by means of a careful examination of the nature of punishment, isolating one essential characteristic—the aim to impose suffering—and showing how this characteristic need not guide enforcement. There is logical space for a forceful and coercive, yet non-punitive method of enforcement. This fact poses difficulties for many classical and contemporary justifications of punishment, but it poses particularly crippling problems for general liberal justifications. (shrink)

How sexuality should be regulated in a liberal political community is an important, controversial theoretical and empirical question—as shown by the recent criminalization of possession of some adult pornography in the United Kingdom. Supporters of criminalization argue that Mill, often considered a staunch opponent of censorship, would support prohibition due to his feminist commitments. I argue that this account underestimates the strengths of the Millian account of private conduct and free expression, and the consistency of Millian anticensorship with feminist (...) values. A Millian contextual defense of liberty, however, suggests several other policy approaches to addressing the harms of pornography. (shrink)

There is a close conceptual relation between the notions of religious disenchantment and scientific naturalism. One way of resisting philosophical and cultural implications of the scientific image and the subsequent process of disenchantment can be found in attempts at sketching a reenchanted worldview. The main issue of accounts of reenchantment can be a rejection of scientific results in a way that flies in the face of good reason. Opposed to such reenchantment is scientific naturalism which implies an entirely disenchanted worldview. (...) However, one of the main problems of scientific naturalism are placement problems. A reenchanted worldview does have the conceptual resources to avoid placement problems, yet seems to throw out the baby with the bathwater. A dilemma results: the Scylla of an undesirable scientific naturalism and the Charybdis of a rampant, seemingly prescientific reenchanted worldview. In this article I argue that there is a safe middle passage between these two options, i.e. the recently proposed liberal naturalism which allows for a moderate normative reenchantment. Liberal naturalism lets us have it both ways: avoiding the placement problems while retaining a necessary and reasonable adherence to science, thereby avoiding both an all-too restrictive scientific naturalism. (shrink)

This paper asks whether we can defend associative duties to our compatriots that are grounded solely in the relationship of liberal co-citizenship. The sort of duties that are especially salient to this relationship are duties of justice, duties to protect and improve the institutions that constitute that relationship, and a duty to favour the interests of compatriots over those of foreigners. Critics have argued that the liberal conception of citizenship is too insubstantial to sustain these duties — indeed, (...) that it gives us little reason to treat compatriots any differently from how we treat foreigners, with all the practical consequences that this would entail. I suggest that on a specific conception of liberal citizenship we can, in fact, defend associative duties, but that these extend only to the duty to protect and improve the institutions that constitute that relationship. Duties of justice and favouritism, I maintain, cannot be particularised to one's compatriots. (shrink)

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?

According to the “internal” conception (Quong), political liberalism aims to be publicly justifiable only to people who are reasonable in a special sense specified and advocated by political liberalism itself. One advantage of the internal conception allegedly is that it enables liberalism to avoid perfectionism. The paper takes issue with this view. It argues that once the internal conception is duly pitched at its fundamental, metatheoretical level and placed in its proper discursive context, it emerges that it comes at the (...) cost of public dogma. The paper examines this problem and argues that a plausible response to this problem is to go beyond the internal conception and adopt a more inclusive, dynamic conception. But this calls for a form of perfectionism. Thus, the internal conception of political liberalism, far from showing how liberalism can be had without perfectionism, effectively calls for perfectionism as a remedy for its problems. (shrink)

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

There is a tendency in contemporary jurisprudence to regard political authority and, more particularly, legal intervention in human affairs as having no justification unless it can be defended by what Laing calls the principle of modern liberal autonomy (MLA). According to this principle, if consenting adults want to do something, unless it does specific harm to others here and now, the law has no business intervening. Harm to the self and general harm to society can constitute no justification for (...) legal regulation or prohibition. So pervasive is this understanding of legal intervention in human affairs, that it is common now to encounter arguments in favour of permissive laws on, for example, private drug use, pornography, sexual and reproductive choice, based on the idea that to intervene in these areas would constitute a breach of the liberal ideal. The only alternative to modern liberal autonomy is assumed to be radical oppression, in which the State intervenes in the individual’s life to impose unwarranted measures designed to further its own ends. The legacy of Stalin, Hitler and other modern tyrants has undermined conceptual appeals to the common good. So widespread is this liberal assumption in the Western, English-speaking world that critics of the outlook embodied by MLA are customarily regarded with suspicion and charged with paternalism, narrow-mindedness and intolerance. Laing highlights contradictions inherent in the modern liberal tradition. She argues that there is a certain reliance on the notion of the common good within the natural law tradition that is instructive. According to this view, the common good constitutes a mean between two extremes: on the one hand, contemporary liberalism’s over-insistence on radical individual autonomy and, on the other hand, totalitarianism’s over-emphasis on collective social benefit. There is, I will argue, substantial terrain between the conceptual excesses of modern liberalism and oppressive tyranny that needs to be acknowledged and discussed. (shrink)

Liberalism remains the dominant political philosophy of the 21st century, despite the challenges it faces. One of these challenges was the rise of right-wing populism, which is based on anti-liberal nationalist rhetoric. However, some political philosophers try to combine liberalism and nationalism. This article explores the plausibility of such a hybrid theory. This article examines the compatibility of nationalism with the three main forms of liberalism: neutralist, perfectionist and republican. Liberal neutralism is incompatible with nationalism because the policy (...) of national self-determination violates the principle of state neutrality between reasonable conceptions of the good life. Liberal perfectionism is incompatible with nationalism because the rationale for nationalist policies doesn’t refer to any deeper aspects of human nature other than external phenotypic traits, and a preference for national community as the basis for political self-government is arbitrary. Liberal republicanism is incompatible with nationalism because it faces problems of domination and inclusion. The problem of domination is that nationalist policies prevent the maximization of non-domination both between nations and within nations. The problem of inclusion is that nationalists have no nonarbitrary reason to limit political communities to the boundaries of nation-states. The article concludes with seven arguments for a synthesis of liberalism and nationalism. An analysis of these arguments demonstrates that none of the reasons given can motivate liberals’ appeal to nationalist values. Thus, nationalism is incompatible with liberalism, and consistent liberal nationalism is impossible. (shrink)

The local food movement is, increasingly, becoming a part of the modern American landscape. However, while it appears that the local food movement is gaining momentum, one could question whether or not this trend is, in fact, politically and socially sustainable. Is local food just another trend that will fade away or is it here to stay? One way to begin addressing this question is to ascertain whether or not it is compatible with liberalism, a set of influential political theories (...) that have shaped and continue to shape our political system. In this paper, I argue that the local food movement is partially compatible with forms of liberalism that accept the limited application of the principle of neutrality, as there are two directions or trends within local food: (1) The systems based direction and (2) the individual focused direction. The systems based direction is not compatible while the individual focused movement is largely compatible with liberalism. I go on to argue that the two directions form a dialectic that increases the political and social sustainability of the movement as a whole. Conceiving of the individual focused and the systems focused directions as in opposition to one another is, itself, a mistake. (shrink)

This paper focuses on liberation as the experience of pervasive radiance.

Despite being a common phenomenon with significant consequences on our everyday life, strikes (and direct actions in general) are still relatively undertheorized in the philosophical literature. Our paper has a specific focus that is best encapsulated in a question: What is the relationship between liberalism and the right to strike? Liberalism’s cornerstone is the idea that rights and liberties of individuals are of supreme political importance. Rights and liberties, however, are not created equal. The basic liberties are those that are (...) so politically important that legal restrictions upon them are unjustified unless to protect other basic liberties within an overall scheme of liberties, such as under a bill of rights. So, our question becomes: Is the right to strike a basic liberty? Two ongoing disputes are relevant here. The ‘older’ debate concerns the status of economic liberties and their relation to the right to strike. We will focus on a ‘newer’ discussion because it poses a challenge to liberalism itself. Namely, some ‘radical’ critics of liberalism (Gourevitch, Raekstad and Rossi) have argued that there are rights that involve coercing others, exercised during strikes or engagement in other direct action, that do not qualify as liberal basic liberties and that can sometimes take normative precedence over the liberal basic liberties. This criticism, if correct, defeats liberalism. Notice, though: since the weighing of different particular basic liberties against each other in an overall scheme of liberty is integral to high liberalism, the genuine threat that the radical critique poses stems not from the second conjunct (which its proponents have defended) but from its first (which they have merely assumed). For, if (contrary to what the radical work assumes) the right to engage in coercive strike action is a liberal basic liberty then it can, at least in principle, win out over other basic liberties, within an overall scheme of liberties, in situations of prima facie moral conflict. Raekstad and Rossi extend the radical critique, beyond the case of coercive strikes, to other forms of direct action (outside of industrial disputes) that have avowedly moral or political goals. These could include workplace occupations, street blockades, hacktivism, counter-economics, tax resistance and more. In the paper we argue that the ‘radicals’ are not entitled to the assumption that the right to strike is not a liberal basic liberty. Moreover, we suggest, high liberalism has the resources to accommodate not only a general right to engage in non-coercive strike action, but also the right to engage in some forms of coercive direct action, whether as part of an industrial dispute or not. More precisely, we show that liberalism has the resources to accommodate not only (i) a general right to engage in non-coercive strike action, but also (ii) the right to engage in some forms of coercive direct action, whether (iii) as part of an industrial dispute or (iv) not. (shrink)

Political liberty is at the centre of liberal conceptions of toleration. Liberal political philosophers disagree about the limits of toleration, whether equality is central to liberal toleration, and the toleration of illiberal religious and cultural practices, among other topics. Some non-liberal states adopt a model of toleration, despite significant limitations on liberty. Moreover, some recent work in comparative philosophy emphasizes pluralism across traditions of political morality. This chapter will consider a variety of positions on liberal (...) toleration as well as the challenge to liberal toleration posed by ethical pluralism. (shrink)

One central objection to philosophical defences of liberal neutrality is that many neutrally justified laws and policies are nonetheless discriminatory as they unilaterally impose costs or confer unearned privileges on the bearers of a particular conception of the good. Call this the false neutrality objection. While liberal neutralists seldom consider this objection to be a serious allegation, and often claim that it rests on a misunderstanding, I argue that it is a serious challenge for proponents of justificatory neutrality. (...) Indeed, a careful examination of recent French and Canadian laws which impede the members of cultural minorities from freely practising their religion reveals that the state can hide its discriminatory aims by cloaking the policies it enacts in neutral language. In order to avoid the problem of false neutrality, I contend, liberal neutralists should defend a combination of neutrality of justification and neutrality of aim and operationalize neutrality of aim through a practical test that has been a defining feature of American jurisprudence on religious freedom in the last thirty years: the general applicability requirement. (shrink)

Rawlsian political liberalism famously requires a prohibition on truth. This has led to the charge that liberalism embraces non-cognitivism, according to which political claims have the moral status of emotions or expressions of preference. This result would render liberalism a non-starter for liberatory politics, a conclusion that political liberals themselves disavow. This conflict between what liberalism claims and what liberalism does has led critics to charge that the theory is disingenuous and functions as political ideology. In this paper, I explore (...) one way that this charge unfolds: critics charge that liberalism utilizes an individualistic and identity-insensitive social ontology, which in turn yields epistemic deficiencies that render it incapable of detecting oppression. The theory’s claim to freestandingness then shields it from necessary critique. I argue that this objection relies on constructing a conflict between liberalism’s professed non-cognitivism and its actual cognitivist commitments. By demonstrating that Rawlsian political liberalism explicitly endorses substantive moral truths, and that the method of avoidance applies only to public justification for coercive state action, I show that the theory is openly and foundationally cognitivist, and thus that the charge of disingenuousness does not stick. (shrink)

This is a review of liberation theology and Papal encyclicals. This blog-entry shows how the Roman Catholic Church reacted through its Magisterium to the liberation theology. Discussed are materialist dialectics and the ontologies of liberation theology. It is left to the reader to conclude whether they agree or disagree with the main contentions of liberation theology.

Many of the benefits and burdens we might experience in our lives — from bank loans to bail terms — are increasingly decided by institutions relying on algorithms. In a sense, this is nothing new: algorithms — instructions whose steps can, in principle, be mechanically executed to solve a decision problem — are at least as old as allocative social institutions themselves. Algorithms, after all, help decision-makers to navigate the complexity and variation of whatever domains they are designed for. In (...) another sense, however, this development is startlingly new: not only are algorithms being deployed in ever more social contexts, they are being mechanically executed not merely in principle, but pervasively in practice. Due to recent advances in computing technology, the benefits and burdens we experience in our lives are now increasingly decided by automata, rather than each other. How are we to morally assess these technologies? In this chapter, I propose a preliminary conceptual schema for identifying and locating the various injustices of automated, algorithmic social decision systems, from a broadly liberal perspective. (shrink)

If the legitimate exercise of political power requires justifiability to all citizens, as John Rawls’s influential Liberal Principle of Legitimacy states, then what should we say about the legitimacy of institutions and actions that have a significant impact on the interests of future citizens? Surprisingly, this question has been neglected in the literature. This paper questions the assumption that it is only justifiability to presently existing citizens that matters, and provides reasons for thinking that legitimacy requires justifiability to future (...) citizens as well. Further, it is argued that the presently dominant interpretation of Rawls’s principle is unable to take future citizens into account in an adequate way. Therefore, the inclusion of these citizens among those to whom justifiability is owed gives us good reasons to reject this interpretation, and to adopt a different understanding of the view. (shrink)

Using Australia to illustrate the case, in this paper it is argued that the transformation of universities into businesses and the undermining of the liberal arts is motivated by either contempt for or outright hostility to democracy. This is associated with a global managerial revolution that is enslaving nations and people to the global market and the corporations that dominate it. The struggle within universities is the site of a struggle to reverse the gains of the Radical Enlightenment, the (...) tradition of Enlightenment that, committed to upholding and developing the civic humanism of the Renaissance, strove for liberty, understood as democratic self-governance. The central place the liberal arts had in upholding this liberty is shown. Inspired by the Ancient Greek notion of paideia, the liberal arts, which originated in republican Rome, was the form of education required designed for free people, in opposition to the specialist education appropriate for slaves, to inspire them to maintain their liberty and enable them to govern themselves. While not always upholding this ideal, it is argued in this paper that the liberal arts always kept alive this quest for liberty, bequeathing this quest to the Renaissance philosophers and to the proponents of the Radical Enlightenment. With managerialism and the undermining of democracy, such education and the questioning, creative people it produced, are now seen as a threat to the new global corporatocracy who, to achieve cultural hegemony, have coöpted university managers and academics to impose their agenda to cripple the liberal arts. Their goal, never fully articulated as such but successfully prosecuted, is a dumbed-down population. (shrink)

In this paper I propose an approach to thinking about religion and politics that should inform how we think about liberalism and religion. I also consider how the conception of political authority defended by the prominent Muslim public intellectual Abdullahi Ahmed An-Na’im is a paradigm example of liberalism. In Part I I consider two approaches to religion and politics. According to the reductionist view, whether values that are central to a religious tradition can be reconciled to liberalism is more a (...) matter of doctrine than practice. By contrast a non-reductionist approach emphasizes that the relationship between political and religious values is influenced by a number of variables in addition to religious doctrine, including ethnicity, historical memory, political economy, and local politics. On this view, the path between religious and political convictions is anything but a straight line. In Part II I examine central arguments in An-Na’im’s work that are central to his version of liberalism, with a focus on liberty of conscience and religious freedom. To illustrate An-Na’im’s liberalism I focus on examples of claims about morality and theology, politics, and history. I conclude in Part III by considering how An-Na’im’s position is one example of what we would expect from a non-reductionist understanding of religion and politics. (shrink)

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

The idea that only complex brains can possess genuine representations is an important element in mainstream philosophical thinking. An alternative view, which I label ‘liberal representationalism’, holds that we should accept the existence of many more full-blown representations, from activity in retinal ganglion cells to the neural states produced by innate releasing mechanisms in cognitively unsophisticated organisms. A promising way of supporting liberal representationalism is to show it to be a consequence of our best naturalistic theories of representation. (...) However, several philosophers and scientists have recently argued against this strategy. In the paper I counter these objections in defense of liberal representationalism. (shrink)

Since 1987, the Brazilian government has implemented a no-contact policy, which prevents contact between isolated indigenous tribes in the Amazon and members of the general public, including state officials. The government justifies this policy on the grounds that contact would expose members of isolated tribes to dangerous illnesses as well as violate their right to determine their own life processes. In this essay, I bring liberal theory to bear on the question of whether Brazil's treatment of isolated indigenous tribes (...) is justified. I argue that the current policy actually fails to treat isolated indigenous persons as free and equal. (shrink)

The ‘liberal-communitarian’ debate arose within anglophone political philosophy during the 1980s. This essay opens with an account of the main outlines of the debate, showing how liberals and communitarians tended to confront each other with opposing interpretations of John Rawls’ Theory of Justice (1999; originally published in 1971) and Political Liberalism (2005; originally published in 1993). The essay then proceeds to discuss four forms of ‘liberalism after communitarianism’: Michael Freeden’s account of liberalism as an ideology; Joseph Raz and Will (...) Kymlicka’s perfectionist liberalisms; the liberalism of value pluralists such as Isaiah Berlin and Bernard Williams; and Judith N. Shklar’s liberalism of fear. It concludes with the suggestion that there are times when liberals of every kind should set aside their ideology, even if only temporarily, in order to listen to their interlocutors with truly open minds. (shrink)

What do we talk about when we talk about ethical diversity as a challenge to the normative justifiability of liberal democracy? Many theorists claim that liberal democracy ought to be reformed or rejected for not being sufficiently ‘inclusive’ towards diversity; others argue that, on the contrary, liberalism is desirable because it accommodates (some level of) diversity. Moreover, it has been argued that concern for diversity should lead us to favour (say) neutralistic over perfectionist, universalistic over particularistic, participative over (...) representative versions of liberal democracy. This paper provides a conceptual framework to situate those debates, and argues that there are two fundamental ways in which diversity constitutes a challenge to the justificatory status of liberal democracy: consistency (whereby diversity causes clashes between the prescriptions generated by normative political theories), and adequacy (whereby diversity generates a rift between our experience of what is considered valuable and what the theory treats as such). (shrink)

Women continue to be in charge of most childrearing; men continue to be responsible for most breadwinning. There is no consensus on whether this state of affairs, and the informal norms that encourage it, are matters of justice to be tackled by state action. Feminists have criticized political liberalism for its alleged inability to embrace a full feminist agenda, inability explained by political liberals’ commitment to the ideal of state neutrality. The debate continues on whether neutral states can accommodate two (...) feminist demands: to enact policies aimed at dismantling the feminization of caregiving, especially childrearing, and to compensate women for some of the disadvantages they incur by being primary care-givers. I contribute to this debate with three arguments in support of policies meant to de-gender care-giving and compensate care-givers. The first appeals to equality of opportunity to positions of advantage and justifies policies that prevent or mitigate statistical discrimination and implicit biases. The second draws attention to a possible causal relationship between the specialization of women in early childcare and misogyny; since the latter is incompatible with political liberal justice, it yields the conclusion that political liberals ought to further investigate the causal hypothesis with the aim of establishing or refuting it. The third argument concludes that legitimate childrearing prohibits adults from socializing children or, at least girls, into gender norms; it justifies duties of justice on the side of parents, educators, and economic agents, and state policies meant to offset foreseeable breaches of some of these duties. (shrink)

The starting point regarding consent has to be that it is both extremely important, and that it is often suspicious. In this article, the author tries to make sense of both of these claims, from a largely liberal perspective, tying consent, predictably, to the value of autonomy and distinguishing between autonomy as sovereignty and autonomy as nonalienation. The author then discusses adaptive preferences, claiming that they suffer from a rationality flaw but that it's not clear that this flaw matters (...) morally or politically. What matters is whether they suffer from an autonomy flaw. To answer this question, the author develops an account of autonomy failure, according to which a preference is nonautonomous if an injustice played an appropriate role in its causal history. The author then discusses the moral implications—and in an initial way, the political ones as well—of proclaiming a preference, or consent based on it, nonautonomous in this way. (shrink)

Short online essay on the state of policing in liberal societies, discussing how executive discretionary power has grown to such a degree that it has trended toward illiberal practices and policies.

Over the past ten years or so, the position of Liberal Nationalism has progressed from being an apparent oxymoron to a widely accepted view. In this paper I sketch the most prominent liberal defenses of nationalism, focusing first on the difficulties of specifying criteria of nationhood, then criticizing what I take to be the most promising, culture-based defense, forwarded by Will Kymlicka. I argue that such an approach embroils one in a pernicious conservatism completely at odds with the (...) global justice concerns that I take to be central to liberalism with its core values of equality and liberty. (shrink)

Review of John Tomasi's Liberalism Beyond Justice: Citizens, Society, and the Boundaries of Political Theory.

În acest capitol prezint neutralismul liberal urmând, în esență, patru pași. Încep cu definirea neutralismului și cu unele precizări și explicații importante pentru înțelegerea adecvată a susținerii lui fundamentale. Al doilea pas este dedicat evidențierii și explicării celor mai importante argumente neutraliste. Mă concentrez apoi asupra caracterizării principalelor versiuni ale acestei teorii politice și a reliefării argumentelor pe baza cărora se legitimează ele. În sfârșit, într-un ultim pas, expun obiecțiile sau argumentele anti-neutraliste și – totodată – replicile neutraliștilor liberali (...) la ele. Și de această dată este vorba, trebuie să precizez, doar despre obiecțiile cele mai importante (și mai „rezonabile”), nu despre toate obiecțiile, mai mult sau mai puțin plauzibile, care au fost aduse neutralismului de criticii săi. (shrink)

In this paper I look at three versions of the charge that liberalism’s emphasis on individuals is detrimental to community—that it encourages a pernicious disregard of others by fostering a particular understanding of the individual and the relation she has with her society. According to that understanding, individuals are fundamentally independent entities who only enter into relations by choice and society is seen as nothing more than a venture voluntarily entered into in order to better oneself. Communitarian critics argue that (...) since liberals neglect the degree to which individuals are dependent upon their society for their self-understanding and understanding of the good, they encourage individuals to maintain a personal distance from others in their society. The detrimental effect this distancing is said to have on communities is often called “asocial individualism” or “asocialism.” I argue that all three versions of the charge fail against liberalism and that liberalism—with its insistence on the normative import of individuals—is not detrimental to communities, but can actually foster strong communities. (shrink)

The received view holds that there is a significant divide between full-blown representational states and so called ‘detectors’, which are mechanisms set off by specific stimuli that trigger a particular effect. The main goal of this paper is to defend the idea that many detectors are genuine representations, a view that I call ‘Strong Liberal Representationalism’. More precisely, I argue that ascribing semantic properties to them contributes to an explanation of behavior, guides research in useful ways and can accommodate (...) misrepresentation. (shrink)

When is a testimony-based belief justified? According to so-called "Anti-Reductionism," the principle that a hearer is prima facie justified to take what another tells them at face value is true. I call this position "Liberal Foundationalism." I call it "liberal" for it is more liberal than "Moderate Foundationalism" that holds that perception-based beliefs are prima facie justified but testimony-based beliefs are not. Liberal Foundationalism has two interpretations: the principle is a contingent empirical truth, or an a (...) priori necessary truth. I call the view that the principle is a priori necessary "Liberal Fundamentalism." This chapter defends Liberal Fundamentalism against objections in the first half, and then in the second half it introduces "Weak Liberal Fundamentalism," the view that it is a priori necessary that testimony provides some epistemic support, but perhaps not enough, absent defeat, for knowledge. In later work I abandon the view that the principle is a priori necessary, but I still maintain the distinction between Strong and Weak variants of the principle, and the replies to many of the objections to the principle. (shrink)

John Rawls’s political liberalism and its ideal of public reason are tremendously influential in contemporary political philosophy and in constitutional law as well. Many, perhaps even most, liberals are Rawlsians of one stripe or another. This is problematic, because most liberals also support the redefinition of civil marriage to include same-sex unions, and as I show, Rawls’s political liberalism actually prohibits same- sex marriage. Recently in Perry v. Schwarzenegger, however, California’s northern federal district court reinterpreted the traditional rational basis review (...) in terms of liberal neutrality akin to Rawls’s “public reason,” and overturned Proposition 8 and established same-sex marriage. (This reinterpretation was amplified in the 9th Circuit Court’s decision upholding the district court on appeal in Perry v. Brown.) But on its own grounds Perry should have drawn the opposite conclusion. This is because all the available arguments for recognizing same-sex unions as civil marriages stem from controversial comprehensive doctrines about the good, and this violates the ideal of public reason; yet there remains a publicly reasonable argument for traditional marriage, which I sketch here. In the course of my argument I develop Rawls’s politically liberal account of the family by drawing upon work by J. David Velleman and H. L. A. Hart, and discuss the implications of this account for political theory and constitutional law. (shrink)

Many public health dilemmas involve a tension between the promotion of health and the rights of individuals. This article suggests that we should resolve the tension using our familiar liberal principles of government. The article considers the common objections that liberalism is incompatible with standard public health interventions such as anti-smoking measures or intervention in food markets; there are special reasons for hard paternalism in public health; and liberalism is incompatible with proper protection of the community good. The article (...) argues that we should examine these critiques in a larger methodological framework by first acknowledging that the right theory of public health ethics is the one we arrive at in reflective equilibrium. Once we examine the arguments for and against liberalism in that light, we can see the weaknesses in the objections and the strength of the case for liberalism in public health. (shrink)

After a regime-changing war, a state often engages in lustration—condemnation and punishment of dangerous, corrupt, or culpable remnants of the previous system—e.g., de-Nazification or the more recent de-Ba’athification in Iraq. This common practice poses an important moral dilemma for liberals because even thoughtful and nuanced lustration involves condemning groups of people, instead of treating each case individually. It also raises important questions about collective agency, group treatment, and rectifying historical injustices. Liberals often oppose lustration because it denies moral individualism and (...) ignores rule of law, and their only justifications for lustration are consequentialist ones. This article suggests that lustration may not necessarily be a problem for liberals. While group treatment might be justified on grounds of convenience and pragmatism in times of transitional justice, there are also valid moral arguments consistent with moral individualism and due process for wholesale group punishment after a war. This article offers four overlapping moral justifications, in a robust defense of the core concept of lustration that is covered by each argument. (shrink)