This chapter contains sections titled: The Perfectionist Idea Pluralism and Skepticism The Challenge of Justificatory Liberalism Justification, Power, and Restraint Conclusion Notes.

This book explores the relationship between different versions of liberalism and toleration by focusing on their shared theoretical and political challenges. Toleration is among the most pivotal and the most contested liberal values and virtues. Debates about the conceptual scope, justification, and political role of toleration are closely aligned with historical and contemporary philosophical controversies on the foundations of liberalism. The essays in this volume focus on the specific connection between toleration and liberalism. The essays in Part (...) I reconstruct some of the major historical controversies surrounding toleration and liberalism. Part II centers on general conceptual and justificatory questions concerning toleration as a central category for the definition of liberal political theory. Part III is devoted to the theoretical analysis of applied issues and cases of conflicts of toleration in liberal states and societies. Toleration and the Challenges to Liberalism will be of interest to researchers and advanced students in social and political philosophy, ethics, and political theory. (shrink)

Broadly speaking, the principle of public justifiability requires that the exercise of political power be justifiable to each and every person over whom that power is exercised. The idea of being justifiable to every person means being acceptable to any reasonable or otherwise qualified person , without such persons having to give up the comprehensive religious or philosophical doctrine they reasonably espouse. Public justifiability thus involves a partly idealized unanimity requirement, or as I will say, a criterion of multi-perspectival acceptability. (...) The demand for public justifiability can be specified in different ways, depending on what exactly has to be publicly justifiable, who is supposed to apply the principle, who counts as reasonable or otherwise qualified, and so on. One of these dimensions concerns the notion of acceptability. Should we care about acceptability to each reasonable perspective, based on all of the reasons that perspective accepts, or should we care about acceptability to all, based on only those reasons that all reasonable perspectives accept? This choice has been referred to by the distinction between "consensus" and "convergence." Sometimes people agree about practical conclusions but for different reasons, in which case their reasoning can be said to converge from different moral or philosophical starting points. Other times, people agree about their moral or philosophical starting points, but reach different practical conclusions, based on different beliefs about the factual context, different rankings of shared concerns, or different judgments about how to apply these concerns to specific situations. (shrink)

This paper examines the ways in which liberal theory and democratic procedure have sought to address the justificatory challenge posed by the existence of coercive states, given the liberal account of individuals as naturally free and equal. In doing so, this paper invokes the justifications for the limited state advanced by the Austrian school of political economy, referring in particular to the work of F.A.Hayek. It argues that the scepticism this school of theory advances, with regard to (...) the effectiveness and desirability of state intervention into the affairs of free individuals, offers a better approach to understanding state legitimacy than does the ideal theory often relied upon by liberal political theorists. It further argues that the simple inclusion of majoritarian democratic procedure as the method for deciding whether, when and how states should intervene into the affairs of free individuals cannot legitimise these interventions in a manner consistent with the demands of liberalism. This paper finally employs the Austrian school’s scepticism about the state’s capacity to ‘do good’ in order to advance a proposal for reducing the degree to which any individual need be coerced by a state seeking to advance particular ends, rather than to enforce general rules. (shrink)

In recent years the concepts of individual autonomy and political liberalism have been the subjects of intense debate, but these discussions have occurred largely within separate academic disciplines. Autonomy and the Challenges to Liberalism contains essays devoted to foundational questions regarding both the notion of the autonomous self and the nature and justification of liberalism. Written by leading figures in moral, legal and political theory, the volume covers inter alia the following topics: the nature of the self (...) and its relation to autonomy, the social dimensions of autonomy and the political dynamics of respect and recognition, and the concept of autonomy underlying the principles of liberalism. (shrink)

This is the editors' preface to a special issue of Philosophia on 'Religion and Limits of Liberalism'. It begins by noting the challenges which the 'return' of religions to liberal democracies poses to the liberal commitment to respect citizens’ freedom and equality. Then, with particular reference to Rawls' theory of liberal politics, it situates the papers in relation to three different senses of liberal ‘respect’ that are challenged by contemporary religions – one understood in terms of the justification of (...) political power, another as tolerance of diversity, and the third in terms of freedom from interference. (shrink)

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)

Are liberalism and perfectionism compatible? In this study Steven Wall presents and defends a perfectionist account of political morality that takes issue with many currently fashionable liberal ideas but retains the strong liberal commitment to the ideal of personal autonomy. He begins by critically discussing the most influential version of anti-perfectionist liberalism, examining the main arguments that have been offered in its defence. He then clarifies the ideal of personal autonomy, presents an account of its value and (...) shows that a strong commitment to personal autonomy is fully compatible with an endorsement of perfectionist political action designed to promote valuable pursuits and discourage base ones. (shrink)

Contemporary egalitarian liberals—unlike their classical counterparts—have lived through many contentious events where the right to freedom of expression has been tested to its limits—the Skokie, Illinois, skinhead marches, hate speech incidents on college campuses, Internet pornography and hate speech sites, Holocaust deniers, and cross-burners, to name just a few. Despite this contemporary tumult, freedom of expression has been nearly unanimously affirmed in both the U.S. jurisprudence and philosophical discourse. In what follows, I will examine Ronald Dworkin's influential contemporary justification for (...) freedom of expression, which claims that a thoroughgoing right to freedom of expression is justified by the fact that it guarantees and preserves liberalism's commitment to equality by offering everyone an opportunity to speak, whereas any other policy, such as state regulation, would fail to offer this equal opportunity. This justification has been challenged by feminists and critical race theorists, who find the cases of pornography and hate speech to be sufficient threats to the freedom of expression and equality of their targets—women and minorities—to warrant limiting freedom of expression in these cases. I will argue that if Dworkin is to take equality as seriously as he claims to, then, by his own lights, he must back away from an unrestricted freedom of expression, in light of these distinctly contemporary challenges of the harms of systemic racism and sexism, which underlie hate speech and pornography. (shrink)

In replying to Steven Wall’s and Andrew Lister’s thoughtful essays on my account of justificatory liberalism in this issue, I respond to many of their specific criticisms while taking the opportunity to explicate the foundations of justificatory liberalism. Justificatory liberalism takes seriously the moral requirement to justify all claims of authority over others, as well as all coercive interferences with their lives. If we do so, although we are by no means committed to libertarianism, (...) we find that that many of our cherished values, moral intuitions, and political aspirations no longer ground the range of authority over others many of us would claim. In this sense, justificatory liberalism is a theory of limited authority and limited government — which is what a genuinely liberal theory must be. (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)

Political perfectionism, by its nature, is a political morality that is always in danger of being taken as parochial, if not exclusionary, in pluralist societies. In their rejection of the traditional liberal insistence on the priority of the right over the good, defenders of perfectionist theories walk a tightrope between defending substantive moral ideals that are elitist and denigrating to reasonable dissenters, on the one hand, and resting on values that render the view indistinguishable from traditional liberal conceptions from (...) which they want to depart, on the other. Steven Wall, in this painstaking defense of liberal perfectionism, avoids the second pitfall but, insofar as he succeeds, arguably falls into the first. (shrink)

Contemporary political philosophy - especially in the works of Martha Nussbaum, John Rawls and Amartya Sen - has assumed that it can separate itself off from other philosophical positions and frameworks. In this book, Den Uyl and Rasmussen challenge this trend by moving from the liberalism they advocate in their earlier work to what they call 'individualistic perfectionism' in ethics. They continue to challenge the assumption that a neo-Aristotelian ethical framework cannot support a liberal, non-perfectionist political (...) theory by filling in the nature of the perfectionist ethical approach utilised in their previous political theorising. By developing the central features and principles of individualistic perfectionism they show that it is a major and powerful alternative to much contemporary ethical thinking - particularly to constructivism - and that it is capable of overcoming standard objections to perfectionism. (shrink)

Gerald Gaus has written a stimulating and thoroughly argued book. His main aim is to show that the kind of liberalism that is underwritten by the ideal of public reasoning and justification is compatible with the extensive facts of disagreement that we see in contemporary societies regarding justice and politics. Gaus argues that the liberalisms of Rawls and Larmore suffer from the fact that they rely on something quite close to actual consensus on political principles in society. They either (...) end up publicly justifying nothing at all or they end up justifying illiberal conclusions. This is a common complaint and the attempt to show that public justification liberalism can be given an account that avoids these problems is a worthy one. (shrink)

The distinctly contemporary proliferation of pornography and hate speech poses a challenge to liberalism's traditional ideal of a 'marketplace of ideas' facilitated by state neutrality about the content of speech. This new study argues that the liberal state ought to depart from neutrality to meet this challenge.

In the few decades a new conception of liberalism has arisen—the “public reason view” — which developed out of contractualist approaches to justifying liberalism. The social contract theories of Hobbes, Locke and Rousseau all stressed that the justification of the state depended on showing that everyone would, in some way, consent to it. By relying on consent, social contract theory seemed to suppose a voluntarist conception of political justice: what is just depends on what people choose to agree (...) to — what they will. As Hume famously pointed out, such accounts seem to imply that ultimately political justice derives from promissory obligations, which the social contract theory leaves unexplained.1 Only in Kant, I think, does it become clear that consent is not fundamental to a social contract view: we have a duty to agree to act according to the idea of the “original contract.”2 Rawls’s revival of social contract theory in A Theory of Justice also made no important appeal to consent, though the apparatus of an “original agreement” of sorts persisted. The aim of the original position, Rawls announced, is to settle “the question of justification…by working out a problem of deliberation.”3 As the question of public justification takes center stage (we might say as contractualist liberalism becomes justificatory liberalism), it becomes clear that posing the problem of justification in terms of a deliberative or a bargaining problem is simply a heuristic: the real issue.. (shrink)

Some philosophers claim that perception immediately and prima facie justifies belief in virtue of its phenomenal character (Huemer, Skepticism and the veil of perception. Rowman & Littlefield, Lanham, 2001; Pryor, There is immediate justification. In: Steup M, Sosa E (eds) Contemporary debates in epistemology. Blackwell, London (2014), pp. 181–202, 2005). To explain this special justificatory power, some appeal to perception’s presentational character: the idea that perceptual experience presents its objects as existing here-and-now (Chudnoff, Intuition. Oxford University Press, Oxford, 2013; (...) Berghofer, Husserl Stud 34(2):145–170, 2018). As some philosophers have noted, if perception justifies in virtue of its presentational character alone, the kind of content perception has should not matter for perceptual justification; more precisely, it should not matter whether perceptual content is propositional or not (e.g., Smithies, The epistemic role of consciousness. Oxford University Press, Oxford, 2019; Kriegel, Australas J Philos, 2021). However, most philosophers tend to resist this conclusion, holding that perception must be propositional in order to justify, on the ground that all our model of justification are propositional (e.g., Gauker, Philos Perspect 26(1):19–50, 2012). This paper challenges this claim. The paper consists of a negative and a positive part. In the negative part, I discuss and reject the master argument for the propositionality of perception; the conclusion is that propositional content is neither sufficient nor necessary to explain perception’s justificatory power. In the positive part, I take this conclusion seriously and outline an objectual model of perceptual justification. I define objectual attitudes as mental states whose content is not a full proposition, but a sub-propositional representational item, such as the representation of objects, properties, and kinds (Grzankowski and Montague, Non-propositional intentionality. Oxford University Press, Oxford, 2018), and show that it is plausible that some perceptions and some beliefs are attitudes of this kind. I then argue that objectual perceptual experiences have the right kind of phenomenal character and the right kind of structure to serve for immediate prima facie justification. I conclude by defending my objectual model from three objections. (shrink)

Under free institutions the exercise of human reason leads to a plurality of reasonable, yet irreconcilable doctrines. Rawls's political liberalism is intended as a response to this fundamental feature of modern democratic life. Justifying coercive political power by appeal to any one (or sample) of these doctrines is, Rawls believes, oppressive and illiberal. If we are to achieve unity without oppression, he tells us, we must all affirm a public political conception that is supported by these diverse reasonable doctrines. (...) The first part of this essay argues that the free use of human reason leads to reasonable pluralism over most of what we call the political. Rawls's notion of the political does not avoid the problem of state oppression under conditions of reasonable pluralism. The second part tries to show how justificatory liberalism provides (1) a conception of the political that takes seriously the fact that the free use of human reason leads us to sharply disagree in the domain of the political while (2) articulating a conception of the political according to which the coercive intervention of the state must be justified by public reasons. (shrink)

Recently Robert B. Talisse has put forth a socio-epistemic justification of liberal democracy that he believes qualifies as a public justification in that it purportedly can be endorsed by all reasonable individuals. In avoiding narrow restraints on reasonableness, Talisse argues that he has in fact proposed a justification that crosses the boundaries of a wide range of religious, philosophical and moral worldviews and in this way the justification is sufficiently pluralistic to overcome the challenges of reasonable pluralism familiar from Rawls. (...) The fascinating argument that Talisse furthers is that when cognitively functional individuals reflect on some of their most basic epistemic commitments they will come to see that, in virtue of these commitments, they are also committed to endorsing key liberal democratic institutions. We argue that the socio-epistemic justification can be reasonably rejected on its own terms and thus fails as a public justification approach. This point is made by illustrating the significance of deep epistemic disagreements in liberal democracies. (shrink)

Based on Steven Wall's work I take perfectionism in political philosophy to include two components: the objective good and the non-neutral state. Some perfectionist theories aim to be liberal. But given the objective good component perfectionism seems to be unable to accommodate the commitment to value pluralism found in liberalism, this is what I call the challenge of pluralism. The perfectionist reply is to claim that their objective good can also be plural and thus there is (...) no conflict. My aim in this paper is to show that this reply does not work. I do this by looking at three different ways we could conceive of perfectionist theories as plural and show how each is unsatisfactory. (shrink)

Advocates of political liberalism hold it as a superior alternative to perfectionism on the grounds that it avoids superfluous and/or controversial claims in favor of a maximally-inclusive approach undergirded by a "free-standing" justification for the ideology. These assertions prove difficult to defend: political interpretations of liberalism tend to be implicitly ethnocentric; they often rely upon a number of controversial, and even empirically falsified, assumptions about rationality--and in many ways prove more parochial than their perfectionist cousins. It is (...) possible to reform political liberalism to address these challenges, but generally at the expense of the supposed normative force and universality of the liberal project. However, this para-liberal approach is much better in keeping with contemporary findings in sociology, psychology and cognitive science--and can much more effectively accommodate the illiberal challenge. (shrink)

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

The present article tries to analyze the role played in Hans Jonas’ ethical reflection by religious—namely, Jewish—tradition. Jonas goes in search of an ultimate foundation for his ethics and his theory of the good in order to face the challenges currently posed by technology’s nihilistic attitude towards life and ethics. Jonas’ ethical investigation enters into the domain of metaphysics, which offers an incomparable contribution to the philosophical endeavour, without undermining its overall independence. In this way, Jewish categories—such as remorse, (...) shame, sacrifice, repentance, and selfrestraint—strengthen the philosopher’s ethical reflection, since he considers them to be essential moral values for the technological epoch. Yet the reference to the Jewish tradition supplies Jonas’ ethical endeavour with a powerful but only hypothetical insight into transcendence. (shrink)

This paper reconstructs the political–theoretical triangle between liberalism, communitarianism and conservatism. It shows how these three positions are related to each other and to what extent they are actually incompatible. The substantive outcome is the following thesis: the conservative position poses a challenge to liberalism that communitarianism is unable to offer and that liberalism cannot incorporate as it could with communitarianism. This challenge lies in the conservative’s ideal of a traditionally evolved, purposeless form of civil (...) association, and its associated view on the justification of authority within such forms of association. This ideal cannot be incorporated into liberalism’s overall concern with individual autonomy, in contrast to the communitarian’s ideal of community. This will be shown through an investigation of two key elements of the conservative ideal of civil association: its ‘purposelessness’ and its justification of authority. (shrink)

Does the Australian state exercise legitimate power over the indigenous peoples within its borders? To say that the state’s political decisions are legitimate is to say that it has the right to impose those decisions on indigenous peoples and that they have a (at least a prima facie) duty to obey. In this paper, I consider the general normative frameworks within which these questions are often grasped in contemporary political theory. Two dominant modes of dealing with political legitimacy are through (...) the politics of ‘recognition’ and ‘justification’. I argue that in order to address the fundamental challenges posed by indigenous peoples to liberal settler states today we need to pluralise our conceptions of political legitimacy. (shrink)

Contemporary political theory is characterised by a realistic critique of liberalism. Realist theorising is seen as avoiding foundational disagreements about justice mutating into second-order disputes concerning the justifiability of legitimate political institutions. In this sense, the realist critique challenges a key aspect of Rawls’ liberal project – that is, its justificatory constituency. McCabe’s Modus Vivendi Liberalism presents an interesting case of such a critique. Given the condition of deep pluralism that characterizes contemporary democracies, the liberal Justificatory (...) Requirement (JR) should be recast so to include those, illiberal or sceptical, who are excluded by Rawls’ justificatory constituency. This paper confronts McCabe’s modus vivendi justificatory project with Rawls view. It suggests that both views seem to endorse a practice-dependent account of political justice in which “politics is prior to morality”; yet the ways in which reasons are endorsed to justify the shared conception of political authority are significantly different in these two schemes. The paper shows that the most problematic aspect of McCabe contingent model is that it disconnects the idea of legitimacy from a conception of liberal political morality. On this account, political legitimacy that reflects the uncoercive character of extant institutions seems to be sufficient to meet the MVL JR. Yet, from a normative point of view, this might be not enough to ensure morally acceptable outcomes. In conclusion, the paper considers McCabe’s model as a version of ‘practice-independent’ moral theorizing committed to a transcendent view of ‘threshold morality’. This move, however, comes at the cost of sacrificing the theory’s premises of anti-perfectionism and realism. (shrink)

This thesis focuses on what I call the question of exclusion. This question, I argue, is one that poses serious challenges to social contract approaches to justice and political legitimacy. In an intuitive way, the exclusion of some individuals seems to be a corollary of the social contractualist approach, which ascribes justice or legitimacy to a social arrangement insofar as it can be regarded as the product of the (actual – expressed or tacit – or hypothetical) consent of specified parties. (...) Consequently, this approach excludes those whose consent is not required in order to view an arrangement as legitimate or just. Given the enormous and continuing influence of John Rawls’s social contract theory, I take the Rawlsian view as my primary focus, concentrating on the way in which the question of exclusion raises challenges for Rawlsian contractualism. According to Rawls’s theory, those who participate in the hypothetical contract and to whom political power ought to be justifiable are reasonable and rational. They are reasonable in the sense that they understand and are willing to comply with the requirements of justice and they are rational in that they have the capacity to form, revise, and pursue a conception of the good. This gives rise to two categories of exclusion. In the first part of the thesis, I examine the exclusion of those who will develop the two moral powers sufficiently only if those who are represented in the social contract act (or refrain from acting) in certain ways. This category includes children, foetuses, and unreasonable citizens. Intuitively, justice issues in requirements in at least some of these cases, but it is hard to make sense of this on the Rawlsian approach. In the second part of the thesis, I address the question of exclusion regarding those who will never develop the two moral powers to the requisite degree, such as individuals with severe cognitive disabilities and non-human animals. Again, intuitively, justice issues in requirements here, but their justification is not clear on the contractualist approach. My conclusion is threefold. First, I argue that the problems the question of exclusion poses cannot be addressed by a single solution. Second, I safeguard Rawlsian contractualism by showing how each problem can be resolved. Third, I offer policy-prescriptions on a number of issues, such as education, abortion, and the criminal justice system. (shrink)

Issues relating to diversity and pluralism continue to permeate both social and political discourse. Of particular contemporary importance and relevance are those issues raised when the demands associated with forms of pluralism clash with those of the liberal state. These forms of pluralism can be divided into two subcategories: thin and thick pluralism. Thin pluralism refers to forms of pluralism that can be accommodated by the existing liberal framework, whereas thick pluralism challenges this liberal framework. -/- This thesis is an (...) examination of four forms of political association that may be able to accommodate and support the demands of pluralism. These four models are Rawls’ political liberalism, Crowder’s value pluralism, Rorty’s post-foundational liberalism, and Mouffe’s radical democratic project. What unites these four forms of political association is their capacity to avoid the exclusionary effects of a form of liberalism that I, following Gaus, refer to as Enlightenment liberalism. As the name suggests, this conception of liberalism is anchored in the Enlightenment, and in particular with what may be considered as the Enlightenment view of reason. As such, therefore, Enlightenment liberalism is both universal and perfectionist. In this context, I argue that Enlightenment liberalism is a species of what Berlin refers to as ‘moral monism’. -/- These four forms of political association are ordered in such a way as to chart an intellectual trajectory. Rawls and Crowder are both situated firmly within the liberal tradition, whereas Rorty and Mouffe move beyond this, and embrace a form of post-foundational politics. It is in this trajectory that the second theme of this thesis emerges. This is centred on a paradox: in order to avoid the exclusionary effect of Enlightenment liberalism and embrace a form of political association that meets the demands of pluralism and diversity, the models examined still promote autonomy as the dominant virtue. (shrink)

Christopher Eberle has developed a powerful critique of justificatory liberalism. According to Eberle, justificatory liberalism’s doctrine of restraint , which requires religious citizens to refrain from publicly advocating for policies that can be supported only by their religious reasons, is illiberal. In this article, I defend justificatory liberalism against Eberle’s critique.

This paper discusses Cécile Laborde’s book, Liberalism’s Religion. First, I pose some questions about how Laborde’s central proposal—disaggregating religion—is meant to solve the two most serious challenges that she argues confront existing liberal egalitarian theories. Second, I respond to some of the objections Laborde presses against my conception of political liberalism. Third, I argue that Laborde is mistaken in adopting accessibility as the appropriate standard for reasons within public justification. Finally, I suggest that Laborde’s view is, in the (...) end, too accommodating to perfectionism in politics. Her view allows laws and public policies to promote particular religions or controversial conceptions of the good life when certain conditions are met, but this, I argue, is inconsistent with the foundational ideals of freedom and equality. (shrink)

Psychological research has discovered that episodic memories are constructive in nature. This paper examines how, despite being constructive, episodic memories can provide us with justification for beliefs about the past. In current literature, two major approaches to memorial justification are internalist foundationalism and reliabilism. I first demonstrate that an influential version of internalist foundationalism, dogmatism, encounters problems when we compare certain types of memory construction with cognitive penetration in perception. On the other hand, various versions of reliabilism all face skeptical (...) challenges. I propose an alternative, two-factor theory that recognizes an epistemic distinction typically overlooked by dogmatism and reliabilism. Although our account leaves certain aspects unspecified, it is an important step forward. (shrink)

Crupi and Tentori (2012) propose a condition of adequacy for any Bayesian measure of explanatory power, which they call Explanatory Justice. They criticize a measure recently defended by Schupbach and Sprenger(2011) for failing to satisfy this condition, and they offer a new explanatorily just measure of explanatory power. In this paper, we investigate Explanatory Justice’s merits as a condition of adequacy. We offer three arguments against this condition, thus supporitng the idea that a measure of explanatory power should rather be (...) unjust. Then, in order to ensure that the debate advances beyond a mere battle of intuitions, we offer some new results derived from the empirical study described in (Schupbach, 2011a). All of this strengthens the case for Schupbach and Sprenger’s measure while simultaneously posing new challenges to Crupi and Tentori’s alternative proposal. (shrink)

Contemporary philosophical pluralism recognizes the inevitability and legitimacy of multiple ethical perspectives and values, making it difficult to isolate the higher-order principles on which to base a theory of justice. Rising up to meet this challenge, Rainer Forst, a leading member of the Frankfurt School's newest generation of philosophers, conceives of an "autonomous" construction of justice founded on what he calls the basic moral right to justification. Forst begins by identifying this right from the perspective of moral philosophy. Then, (...) through an innovative, detailed critical analysis, he ties together the central components of social and political justice—freedom, democracy, equality, and toleration—and joins them to the right to justification. The resulting theory treats "justificatory power" as the central question of justice, and by adopting this approach, Forst argues, we can discursively work out, or "construct," principles of justice, especially with respect to transnational justice and human rights issues. As he builds his theory, Forst engages with the work of Anglo-American philosophers such as John Rawls, Ronald Dworkin, and Amartya Sen, and critical theorists such as Jürgen Habermas, Nancy Fraser, and Axel Honneth. Straddling multiple subjects, from politics and law to social protest and philosophical conceptions of practical reason, Forst brilliantly gathers contesting claims around a single, elastic theory of justice. (shrink)

Public reason liberalism demands that political decisions be publicly justified to the citizens who are subjected to them. Much recent literature emphasises the differences between the two main interpretations of this requirement, justificatory and political liberalism. In this paper, I show that both views share structural democratic deficits. They fail to guarantee political autonomy, the expressive quality of law, and the justification to citizens, because they allow collective decisions made by incompletely theorised agreements. I argue that the (...) result can only be avoided by changing public reason’s role in collective decision-making. Instead of incompletely theorised agreements, we should demand agreement both on the public reasons themselves and on the other premises that justify political decisions. In this way, it is always possible to point to a procedure-independent reason that justifies democratic decisions, and the reasoning of the state is public and contestable. Finally, I explain how this, in turn, implies that only political liberalism can be rescued—by accepting what I will call strong political liberalism. Modifying justificatory liberalism in the necessary way will inevitably open the door to an objectionable form of perfectionism. (shrink)

There is much to like about the idea that justification should be understood in terms of normality or normic support (Smith 2016, Goodman and Salow 2018). The view does a nice job explaining why we should think that lottery beliefs differ in justificatory status from mundane perceptual or testimonial beliefs. And it seems to do that in a way that is friendly to a broadly internalist approach to justification. In spite of its attractions, we think that the normic support (...) view faces two serious challenges. The first is that it delivers the wrong result in preface cases. These cases suggest that the view is either too sceptical or too externalist. The second is that the view struggles with certain kinds of Moorean absurdities. It turns out that these problems can easily be avoided. If we think of normality as a condition on *knowledge*, we can characterise justification in terms of its connection to knowledge and thereby avoid the difficulties discussed here. The resulting view does an equally good job explaining why we should think that our perceptual and testimonial beliefs are justified when lottery beliefs cannot be. Thus, it seems that little could be lost and much could be gained by revising the proposal and adopting a view on which it is knowledge, not justification, that depends directly upon normality. (shrink)

This book is about power and freedoms in our technological world and has two main objectives. The first is to demonstrate that a theoretical exploration of the algorithmic governmentality hypothesis combined with the capability approach is useful for a better understanding of power and freedoms in Ambient Intelligence, a world where information and communication technologies are invisible, interconnected, context aware, personalized, adaptive to humans and act autonomously. The second is to argue that these theories are useful for a better comprehension (...) of privacy and data protection concepts and the evolution of their regulation. Having these objectives in mind, the book outlines a number of theses based on two threads: first, the elimination of the social effects of uncertainty and the risks to freedoms and, second, the vindication of rights. Inspired by and building on the outcomes of different philosophical and legal approaches, this book embodies an effort to better understand the challenges posed by Ambient Intelligence technologies, opening paths for more effective realization of rights and rooting legal norms in the preservation of the potentiality of human capabilities. (shrink)

Heidegger's connection with Nazism is well known and has been exhaustively debated. But we need to understand better why Heidegger believed National Socialism to be the best cure for the ills of modern society. In this book Christopher Rickey examines the internal logic of Heidegger's ideas to explain how they led him to become a powerful critic of liberalism and a Nazi supporter. Key to Rickey's interpretation is the radically antinomian conception of religiosity he finds at the core of (...) Heidegger's challenge to modernity. Heidegger responds to the crisis of modernity with a philosophy attuned to the fundamental need for humans to live with the proper stance toward the divine. Inspired by Lutheran and mystical theology, Heidegger outlines an essentially religious conception of authentic human being. Like his radical Lutheran forerunners, Heidegger politicizes the radical strains of Luther's theology to create a potent revolutionary brew: the revolution of the saints. Rickey traces out the ways in which these currents fundamentally shape Heidegger's thought: the Lutheran background to his critique of modern science and the technological rationality it spawns; his transformation of Aristotle's prudential conception of practical wisdom into the total revelation of being that lays the basis for revolutionary political action; and his mystical and sectarian understanding of authentic community. Rickey shows how this political-theological vision forms the basis of Heidegger's concrete political action, and concludes with an analysis of the fundamental problems this vision poses to our political thinking today. (shrink)

Determining which moral principles should guide political action is a vexing question in political theory. This is especially true when faced with the "toleration paradox": believing that something is morally wrong but also believing that it is wrong to suppress it. In this book, Alex Tuckness argues that John Locke's potential contribution to this debate--what Tuckness terms the "legislative point of view"--has long been obscured by overemphasis on his doctrine of consent. Building on a line of reasoning Locke made explicit (...) in his later writings on religious toleration, Tuckness explores the idea that we should act politically only on those moral principles that a reasonable legislator would endorse; someone, that is, who would avoid enacting measures that could be self-defeating when applied by fallible human beings.Tuckness argues that the legislative point of view has implications that go far beyond the question of religious toleration. Locke suggests an approach to political justification that is a provocative alternative to the utilitarian, contractualist, and perfectionist approaches dominating contemporary liberalism. The legislative point of view is relevant to our thinking about many types of disputed principles, Tuckness writes. He examines claims of moral wrong, invocations of the public good, and contested political roles with emphasis on the roles of legislators and judges. This book is must reading not only for students and scholars of Locke but all those interested in liberalism, toleration, and constitutional theory. (shrink)

The explicit articulation of a cosmopolitan conception of human security and a corresponding right to peace is a positive development in global politics, inasmuch as it decenters the state in our understanding of the human community and delegitimizes organized violence as the generally accepted means for the “continuation” of realist politics. I have argued that just war theory, when defined in suitably narrow fashion, helps to contribute to our thinking on issues of human security in several ways. First, it provides (...) a stringent normative framework for a reasonable humanitarian justification of the resort to force. Second, it enables us to conceptualize significant moral and legal constraints on war and thus on the powers of states to wage war, thereby displacing the use of force from the statist paradigm of security. Third, it contributes to the delegitimation of unjust wars, that is, military actions undertaken for any purposes other than human security. Fourth, insofar as it provides a justificatory basis for the increasing demilitarization of society, it may influence the progressive and just pacification of global politics.As long as the types of human wrongs that present the gravest threats to human security continue to haunt the global community, there remains a need to be able to respond effectively so as to protect the rights and well-being of individuals. This need poses a genuine dilemma for humanitarian morality and politics, insofar as many of the military capabilities required to defend and to aid vulnerable persons can also be the source of threats to human life and welfare. Yet the existence of this dilemma need not lead us either to apathy or to cynicism. The nexus of human security, the right to peace, and just war theory offers a resolution to the traditional security dilemma by challenging the realist rationale for aggressive militarism, and by supporting the emergence of global security structures and processes guided by the humanitarian norms of just peace. *** DIRECT SUPPORT *** A28BB021 00002. (shrink)

Rawlsian liberals face the challenge of providing reasons to oppose stigma that do not appeal to a rejection of controversial stigmatic attitudes, but rather to political values that are undermined by stigma. One prominent strategy (the Self-Respect Strategy) appeals to the threat stigma poses to self-respect. Another strategy (the Hierarchy Strategy) appeals to the dependence of stigmas on social hierarchies, which are taken to be intrinsically problematic. I argue that the Self-Respect Strategy needs further resources in order to answer (...) important questions about which stigmas are most morally and politically urgent. The Hierarchy Strategy confronts the obstacle, for the purposes of political justification, of sustaining a highly contentious interpretation of the value of equality. In my view, Rawlsian liberals should jettison this underlying normative concern with hierarchy when making the case for opposing stigmas, and instead use considerations of hierarchy to identify some of the most pronounced threats that stigma poses to self-respect. In this way, considerations of hierarchy can help supply the explanatory resources that the Self-Respect Strategy needs. (shrink)

Public reason liberals claim that legitimate rules must be justifiable to diverse perspectives. This Public Justification Principle threatens that failing to justify rules to reprehensible agents makes them illegitimate. Although public reason liberals have replies to this objection, they cannot avoid the challenge of powerful deceivers. Powerful deceivers trick people who are purportedly owed public justification into considering otherwise good rules unjustified. Avoiding this challenge requires discounting some failures of justification according to what caused people’s beliefs. I offer (...) a conception of public justification that accommodates these externalist considerations while positioning Public Reason Liberalism to provide insight into real cases of deception. (shrink)

In this collection of essays on the core values of liberalism, Stephen Holmes—noted for his scathing reviews of books by liberalism's opponents—challenges commonly held assumptions about liberal theory. By placing it into its original historical context, _Passions and Constraints_ presents an interconnected argument meant to fundamentally change the way we conceive of liberalism. According to Holmes, three elements of classical liberal theory are commonly used to attack contemporary liberalism as antagonistic to genuine democracy and the welfare (...) state: constitutional constraints on majority rule, the identification of individual freedom with an absence of government involvement, and a strong emphasis on the principle of self-interest. Through insightful essays on Hobbes's analysis of the English Civil War in _Behemoth_, Bodin's writings on the benefits of limited government, and Mill's views on science and politics, Holmes shows that these basic principles provide, to the contrary, a necessary foundation for the development of democratic, regulatory, and redistributionist politics in the modern era. Holmes argues that the aspirations of liberal democracy—including individual liberty, the equal dignity of citizens, and a tolerance for diversity—are best understood in relation to two central themes of classical liberal theory: the psychological motivations of individuals and the necessary constraint on individual passions provided by institutions. Paradoxically, Holmes argues that such institutional restraints serve to enable, rather than limit, effective democracy. In explorations of subjects ranging from self-interest to majoritarianism to "gag rules," Holmes shows that limited government can be more powerful than unlimited government—indeed, that liberalism is one of the most effective philosophies of state building ever contrived. By restricting the arbitrary powers of government officials, Holmes states, a liberal constitution can increase the state's capacity to focus on specific problems and mobilize collective resources for common purposes. _Passions and Constraint_ is an assessment of what that tradition has meant and what it can mean today. (shrink)

In recent work, Cheryl Misak has developed a novel justification of deliberative democracy rooted in Peircean epistemology. In this article, the author expands Misak's arguments to show that not only does Peircean pragmatism provide a justification for deliberative democracy that is more compelling than the justifications offered by competing liberal and discursivist views, but also fixes a specific conception of deliberative politics that is perfectionist rather than neutralist. The article concludes with a discussion of whether the `epistemic perfectionism' implied (...) by the pragmatist argument could be endorsed by liberal democrats. Key Words: deliberative democracy • epistemology • liberalism • Cheryl Misak • Charles Peirce • perfectionism • pragmatism • truth. (shrink)

Hegel and the Challenge of Spinoza explores the powerful continuing influence of Spinoza's metaphysical thinking in late eighteenth- and early nineteenth-century German philosophy. George di Giovanni examines the ways in which Hegel's own metaphysics sought to meet the challenges posed by Spinoza's monism, not by disproving monism, but by rendering it moot. In this, di Giovanni argues, Hegel was much closer in spirit to Kant and Fichte than to Schelling. This book will be of interest to students and (...) researchers interested in post-Kantian Idealism, Romanticism, and metaphysics. (shrink)

The introduction to this issue is meant to address the ways in which turbulent immigration is challenging European democratic countries’ capacity to integrate the pluralism of cultures in light of the current state of economic instability, strong public debt, unemployment and an aging resident population. The Reset-Dialogues on Civilizations Association has organized its annual Istanbul Seminars in order to fill the need for constructive dialogue dedicated to increasing understanding and implementing social and political change. Turkey’s accession to the European Union (...) represents in this light a challenge to our liberal views, which must become more open-minded in order to address adequately cultural and religious differences, Islam included. We must set ourselves the task of finding a new perspective so that we may defuse the populist radicalization, fear-mongering politicians and xenophobia that are emerging in many countries. Yet it is equally essential that we reconfigure and recontextualize the traditional secular battle for freedom from the dominance of the Christian majority away from a binary opposition to a plural dimension that takes into account other religious communities. After introducing the major challenges our seminars were organized to address, the introduction will summarize and explain the articulation of the contents of this issue in the following three parts: (1) realigning liberalism in the context of globalization (with contributions by Nilüfer Göle, Alain Touraine, Albena Azmanova, Stephen Macedo, Zygmunt Bauman); (2) different paths: towards modernity and democracy from within different cultures and religions (Fred Dallmayr, Sadik Al Azm, Irfan Ahmad, Ibrahim Kalin); and (3) philosophical presuppositions of intercultural dialogue and multiculturalism (Maeve Cooke, Sebastiano Maffettone, Volker Kaul). (shrink)

We live with the legacy of injustice, political as well as personal. Even if our governments are now democratically elected and governed, our societies are scarred by forms of power and privilege accrued from a time in which people’s race, sex, class and religion were grounds for denying them a role in government, or in the selection of those who governed them. What does that past imply for the treatment of religion in democratic states? The problem is particularly pressing once (...) one accepts that religious freedom is not just a matter of individuals’ freedom of conscience and worship, but of people’s claims to associate with others through institutions whose powers, status and commitment to equality are very different (Laborde, 2015). If this means that churches pose some of the same philosophical and practical problems as families, from a democratic perspective, the fact that churches have no obvious point or justification, beyond being the repository of the claims to conscience of their members, appears to distinguish them from the former. In principle, this should make it easier to think about the claims of government, as compared to those of churches. In practice, however, it may simply bring into sharper focus philosophical and political challenges to equality that contemporary democracies now face. (shrink)

The article is on the exegesis of the parable of the Good Samaritan (Lk 10:25–35) and its relevance to the challenges that are being posed by COVID-19. Through the historical-critical approach, the article has concluded that the parable is relevant in troubleshooting the challenges that are caused by COVID-19, such as discrimination, stigma, hate and stereotypes. The article sees COVID-19 as teaching humanity the important lesson that no one can live in isolation, however powerful or economically strong they are. (...) Therefore, there is a need to take the opportunity of being a neighbour. Neighbourhood is understood as offering services to those in need and COVID-19 has presented a chance to the entire world to help someone with needs. A need-based world requires neighbours and this makes the parable relevant. Contribution: This article is a reflection of the challenges that are currently faced by people in response to the COVID-19 pandemic. It is within the scope of this theological journal that issues of identity, relationships, and theological reflection should be addressed, hence the article fits well within this scope. (shrink)

In this article, it is argued that a significant internal tension exists in John Rawls' political liberalism. He holds the following positions that might plausibly be considered incongruous: (1) a commitment to tolerating a broad right of freedom of political speech, including a right of subversive advocacy; (2) a commitment to restricting this broad right if it is intended to incite and likely to bring about imminent violence; and (3) a commitment to curbing this broad right only if there (...) is a constitutional crisis. By supporting a broad right of freedom of political speech in Political Liberalism, he allows militant intolerant people such as Jihadists, White Supremacists and Neo-Nazis to advocate publicly their dangerously intolerant beliefs. Public advocacy of dangerously intolerant beliefs can be construed as subversive advocacy. As demonstrated by the historical examples of the Weimar Republic and the Second Spanish Republic, militant intolerant groups could use a right of subversive advocacy to threaten the stability of liberal democracies. Hence, by allowing them to exercise a broad right of freedom of political speech, Rawls could jeopardize that which he intends to defend, namely the actual political stability of a liberal democratic order. Lastly, Rawls' conception of ideal constitutional interpretation, which privileges a broad right of freedom of political speech, might be insufficient to deal effectively with the threat posed by militant intolerant groups. Yet a tradition of American constitutional interpretation that balances freedom of speech with other important constitutional and/or political values has overcome a civil war, two world wars, the Cold War and the 9/11 terrorist attacks without abandoning democracy or permanently renouncing those values. Still, Rawls' ideal approach to constitutional interpretation might, in hindsight, help us to understand some of the excesses and deficiencies of American jurisprudence in times of emergency.<br><br><br><br>. (shrink)

Derrick Darby’s Rights, Race, and Recognition and Ronald R. Sundstrom’s The Browning of America and the Evasion of Social Justice are two recent efforts to answer the challenges that race and racism pose to liberal theory. Darby draws upon civil rights and abolitionist discourse to advance an “externalist” account of political rights, while Sundstrom explores the strains placed upon liberalism by recent demographic trends. In this review essay, I provide a brief account of their overall arguments, and offer some (...) further critical considerations. (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)