This collection of essays is dedicated to the memory of the late Harvard philosopher Robert Nozick, who died in 2002. The publication of Nozick's Anarchy, State, and Utopia in 1974 revived serious interest in natural rights liberalism, which, beginning in the latter half of the eighteenth century, had been eclipsed by a succession of antithetical political theories including utilitarianism, progressivism, and various egalitarian and collectivist ideologies. Some of our contributors critique Nozick's political philosophy. Other contributors examine earlier figures in (...) the liberal tradition, most notably John Locke, whose Second Treatise of Government, published in the late seventeenth century, profoundly influenced the American founders. The remaining authors analyze natural rights liberalism's central doctrines. (shrink)

This collection of essays is dedicated to the memory of the late Harvard philosopher Robert Nozick, who died in 2002. The publication of Nozick's Anarchy, State, and Utopia in 1974 revived serious interest in natural rights liberalism, which, beginning in the latter half of the eighteenth century, had been eclipsed by a succession of antithetical political theories including utilitarianism, progressivism, and various egalitarian and collectivist ideologies. Some of our contributors critique Nozick's political philosophy. Other contributors examine earlier figures in (...) the liberal tradition, most notably John Locke, whose Second Treatise of Government, published in the late seventeenth century, profoundly influenced the American founders. The remaining authors analyze natural rights liberalism's central doctrines. (shrink)

Classical Iiberalism has at least two distinct strains. Its natural rights version requires extensive use of moral concepts. Some denigrate this tradition on grounds that it has been made obsolete by empiricist epistemology and materialist metaphysics. Since that tradition requires knowledge of moral truth and since empiricism precludes this, the tradition is hopeless. Since it also requires a teleological explanation of human action, and since mechanism precludes this, the hopelessness of the tradition is compounded. I argue that neither the empiricist (...) nor the mechanistic view may be taken for granted - indeed, if anything, they are obsolete, and the road is open to a philosophy which makes the natural rights tradition even more credible than it was when developed by John Locke. (shrink)

(1999). Difference as an occasion for rights: A feminist rethinking of rights, liberalism, and difference. Critical Review of International Social and Political Philosophy: Vol. 2, Feminism, Identity and Difference, pp. 27-55.

Liberalism is the political philosophy of equal persons, yet liberalism has denied equality to those it saw as black sub-persons. In Black Rights/White Wrongs: The Critique of Racial Liberalism, political philosopher Charles Mills challenges mainstream accounts that ignore this history and its current legacy in the United States today.

This dissertation seeks to answer the following question: does a commitment to liberalism require state remediation of illiberal practices of illiberal minority cultures that only affect their own members? Put differently, it asks: should the state deny illiberal minority cultures such as those of the Amish, Ultra-Orthodox Jews, Pueblo Indians, et cetera the freedom to be internally illiberal from a liberal viewpoint? The answer proposed by this dissertation is a qualified ‘no’. Assuming that liberalism is fundamentally committed to (...) the protection of individual freedom, I argue that states should allow illiberal minority cultures to be internally illiberal in order to respect the individual freedom of citizens with illiberal conceptions of the good. At the same time, I propose limits to this toleration in order to protect the individual freedom of progressive-minded citizens, as well as to guard children from severely harmful cultural practices. Whether the state should tolerate illiberal practices of illiberal minority cultures that only affect their own members, I claim, should depend on whether the following conditions are met: Their adult members are guaranteed substantive exit rights, i.e. rights to a realistic ability to change cultural affiliations. The cultural communities in question do not engage in illiberal practices that inflict severe harm on children. To realise condition, which forms the core of this dissertation’s ‘substantive exit rights strategy’, I argue that the state should take five measures. These include making an autonomy-facilitating education compulsorily for children, providing particular groups of defectors with financial assistance, and ensuring that the liberal majority culture is open to ex-members of illiberal minority cultures. By contrast, condition is not considered to be central to this dissertation’s substantive exit rights strategy, the reason being that it is dubious whether liberalism’s core commitment to the protection of individual freedom alone can justify a ban on cultural practices that severely harm children. Even so, it will become clear that adding this condition renders this approach more plausible. My central claim is that this dissertation’s substantive exit rights strategy better protects the individual freedom of members of illiberal minority cultures than the main rival liberal strategies, as proposed by Will Kymlicka and Chandran Kukathas. Whereas Kymlicka gives members of these groups too little liberty to engage in illiberal practices, I argue that Kukathas makes the opposite mistake of granting them too much liberty. In both cases, we will see that the individual freedom of some members of illiberal minority cultures is not appropriately protected. This holds true, I conclude, regardless of whether individual freedom is construed as personal autonomy or in a less demanding way, namely as ability to live in accordance with one’s conception of the good. (shrink)

Moral and political theorists who espouse Egalitarianism and Marxism tend to assume that it is extremely hard, if not impossible, to put forward an original and plausible moral justification of classical liberalism. Professor Spector is concerned to build just such a justification. He reconstructs and then criticizes a familiar approach to the moral foundations of classical liberalism which rests on the maximization of negative freedom, and then frames an alternative theory centered in the obligation to protect positive freedom. (...) In doing so he parts company not only with utilitarianism and contractarianism, but also with the theory of natural rights. Among the topics he discusses are the concepts of negative and positive freedom, the notion of a moral right, the connection between positive freedom and personal autonomy, the axiological uniqueness of each human being, and the agent-relativity of moral reasons. (shrink)

This chapter contains sections titled: Demands for Equality Demands for Recognition Demands for Self‐Determination Shifting the Grounds of Liberalism Notes.

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)

Dagger argues for a republican liberalism that, while celebrating the liberal heritage of autonomy and rights, solidly places these within social relations and obligations, which while ubiquitous, are often obscured and forgotten.

This paper critically explores the growing assertiveness with which liberalism has approached questions of the just use of force since 9/11. The liberal position rests upon broad claims about the centrality of human rights concerns to considerations of the justice of war. The claim is that a liberal-cosmopolitan respect for human rights forces us to reconsider the conservative, generally prohibitive, position on the use of force defended by traditional just war theory and enshrined in international law. This argument is (...) has been most fully developed by Allen Buchanan in several important books and papers and it is Buchanan’s position that forms the basis for the critique of the assertive cosmopolitan attitude to the use of force that is offered in this article. The paper shows that both the just war tradition and those who theorize the ethics of the law of armed conflict have taken the moral and political reality of human rights seriously (in a manner that directly addresses Buchanan’s core argument) but that there remain compelling reasons to defend a conservative approach to the use of force. (shrink)

Within the small body of philosophical work on strikes, to participate in a strike is commonly seen as to refuse to do the job while retaining one’s claim upon it. What is the relationship, though, between liberalism and the right to strike? This is our main question.

This article contextualises current debates over human rights and transnational corporations. More specifically, we begin by first providing the background to John Ruggie's appointment as 'Special Representative of the Secretary-General on the issue of human rights and transnational corporations and other business enterprises'. Second, we provide a brief discussion of the rise of transnational corporations, and of their growing importance in terms of global governance. Third, we introduce the notion of human rights, and note some difficulties associated therewith. Fourth, we (...) refer to Ruggie's scholarly work on 'embedded liberalism', the 'global public domain' and 'social constructivism'. Following this, we refer to the other five papers contained in this "Journal of Business Ethics" special issue, 'Spheres of Influence/Spheres of Responsibility: Multinational Corporations and Human Rights', and consider some of the potential obstacles to Ruggie's recent suggestion that a 'new consensus' has formed, or is forming, around his 'Protect, Respect and Remedy' framework. We conclude by raising questions regarding the processes of consensus-building around, and the operationalisation of, Ruggie's 'Protect, Respect and Remedy' framework. (shrink)

The conviction that political recognition is accomplished through the extension and completion of the Enlightenment project of toleration is shared by some of the most influential political theorists of our time. John Rawls, Charles Taylor and Will Kymlicka all formulate the issue of recognition as if it were a corollary of the principle of toleration based in equal liberty or dignity. This raises important issues which political thought must confront and engage with. Above all, it means reconsidering the primacy of (...) Enlightenment critique for our understanding of ourselves, our world and our encounter with others. In this article I examine the liberal conviction that tolerance (in the sense of a commitment to individual autonomy) best promotes recognition of cultural diversity. I argue that two weaknesses haunt the liberal project and undermine this belief. They prevail because of a failure adequately to address the question of recognition in its normative, ontological and symbolic aspects. In contrast, I argue that philosophical hermeneutics affords a critical perspective on democratic theory and practice that must be taken up and extended following the experience of identity politics. Key Words: hermeneutics • Kymlicka • multicultural democracy • normativity • Rawls • ontology • symbolic • Taylor. (shrink)

In Hegel's Critique of Liberalism , Steven B. Smith examines Hegel's critique of rights-based liberalism and its relevance to contemporary political concerns. Smith argues that Hegel reformulated classic liberalism, preserving what was of value while rendering it more attentive to the dynamics of human history and the developmental structure of the moral personality. Hegel's goal, Smith suggests, was to find a way of incorporating both the ancient emphasis on the dignity and even architectonic character of political life (...) with the modern concern for freedom, rights, and mutual recognition. Smith's insightful analysis reveals Hegel's relevance not only to contemporary political philosophers concerned with normative issues of liberal theory but also to political scientists who have urged a revival of the state as a central concept of political inquiry. (shrink)

In this article, I argue that public education should provide a constructive forum for discussing aspects of lesbian and gay lifestyles in both primary and secondary schools. My argument is that such action is necessary to offset the way the dominant culture limits the capacities of gays and lesbians to achieve human self-fulfillment. In making this argument, I recognize that I am going beyond merely promoting social tolerance to legitimizing an actual place for discussion of the needs and interests of (...) gays and lesbians in the society at large. The principles I will apply to make this argument are not specifically situated in legal philosophy (concerning the nature of law and its evaluation), but rather, principles of normative political philosophy (concerning ethical justifications of governmental institutions) as we might find in the Universal Declaration of Human Rights adopted by the UN in 1948. (shrink)

It may be suggested that much of what goes by the name of contemporary cosmopolitanism is liberalism envisioned at the global level. It has become a common claim that the liberalism which provides the ethical content for cosmopolitanism is not tolerant enough of diverse ways of living; that liberalism’s claim to be a just referee between competing conceptions of the good life in fact hides a failure to treat diverse forms of life with an egalitarian hand. This (...) essay argues this is a correct observation that is in principle a good thing, not something to be derided. At least from the liberal point of view, part of the misunderstanding lies in the tendency to translate liberalism’s claim to be egalitarian towards all individuals into the claim that this means liberalism must be egalitarian towards all the conceptions of the good life that are held by these individuals. Such an extension of liberalism’s tolerance and egalitarianism would in fact undermine liberalism’s core values and render the cosmopolitan project a series of contradictions in terms. (shrink)

My dissertation examines the rights of children in the context of liberal conceptions of justice. The theoretical aspects of the dissertation concern liberal paternalism, autonomy, and the adequacy of Rawls's argument for the lexical priority of liberty. I apply my theoretical conclusions to practical issues of medical decision making for children, compulsory education, parental and state authority, and the age of majority. ;I begin with an analysis of paternalism in liberal political theory and its justificatory bases in the concepts of (...) rationality and autonomy. On the basis of empirical studies of children's rationality I draw the preliminary conclusion that the age of majority should be lowered to fourteen years. Next, I consider utilitarian justifications for paternalistic treatment of children. I conclude that utilitarianism leads to an illiberal paternalism that would both maintain the present age of majority and call for expanded compulsory education and compulsory parent training. ;In light of utilitarian objections to rationality-based paternalism I consider whether the scope of liberal paternalism might be expanded to give greater weight to welfarist concerns. I argue against Rawls's lexical priority of liberty and for a more flexible balancing of liberty against welfare within the conception of justice as fairness. ;Turning to concrete problems, I analyze recent cases in law involving transplantation of organs between siblings, and argue that the nature of intimate relationships provides a ground for the partial compromise of freedom of the person in the context of family medical needs. However, I contend that adolescents should have authority to make their own medical decisions at age fourteen. I consider the proper scope of parental authority to shape the lives and values of children. I consider the justification and scope of compulsory education and propose a non-compulsory incentive system for continued education after the age of fourteen years. On the basis of my earlier argument for balancing welfare against liberty, I claim that it is permissible and advisable to set a higher age threshold for drinking, driving, marriage, and military service than is set for majority generally. (shrink)

The interview focuses on Kymlicka's major area of research, i.e., the issue of minority rights. Kymlicka explains why the rights of national minorities have been traditionally neglected in the Western political tradition. He argues that these rights promote individual freedom, and so should be seen as promoting liberal democratic principles. The interview covers many issues including the relationship between ethno‐cultural groups and other forms of “identity politics”; how to individuate cultural groups with legitimate claims to minority rights; whether something like (...) a “cosmopolitan view” can seriously challenge the need for minority rights; what are the dangers of building transnational political institutions such as the EU for democratic citizenship; what are the bases of social unity in multination states and what are the limits of toleration of illiberal minorities. (shrink)

Not long ago, the actor and playwright Tim Robbins directed a production in New York and Los Angeles called Embedded. The play is strange, but nowhere more so than in one, infamous scene: a black mass in honor of the deceased political philosopher Leo Strauss, conducted by candlelight by advisers to President Bush in the run-up to the Iraq war. Characters who are transparent representations of Dick Cheney, Donald Rumsfeld, Richard Perle, Paul Wolfowitz and Condoleezza Rice masturbate with abandon, all (...) the while yelping “hail Leo Strauss!” beneath an outsized portrait of his face. The scene reaches a climax with this verbal ejaculation from “Woof” : “I'm hard! I'm rock hard!”. (shrink)

Since the publication of his A Theory of Justice (TJ), John Rawls has revolutionized political philosophy in many ways, including the understanding of human rights. His theory of rights in TJ is drawn from a comprehensive liberal doctrine and is limited to the domestic society. However, his account of human rights developed in his last major work, The Law of Peoples, claims to be politically free standing, following the model of his Political Liberalism. For Rawls, human rights are necessary (...) conditions for social cooperation. They are meant to serve as one of the principles of foreign policy of the reasonable liberal peoples, in their relations with non-liberal societies. Rawls believes that his category of human rights cannot be rejected by non-liberal peoples as parochial or particular to the Western tradition, because they are not based on any comprehensive doctrine. On the other hand, however, many African scholars have dismissed the current international human rights regime on the account of being too liberal, and not corresponding to the African communalist worldview. It is in that regard that The African Charter on Human and Peoples’ Rights and subsequent African human rights instruments were adopted to dress a list of human rights that take into account African history, civilization, and values. Thus, in three main sections, this article examines whether the Rawlsian account and the African view of human rights can enrich each other, or whether they are completely opposed. (shrink)

This paper attempts to show how certain approaches in Values Based Practice duplicate key moves in liberal political theory.

Paul Gottfried and Paul Piccone wrongly confuse liberal activism with liberal absolutism, and anti-genocidal interventionism with Western imperialism. Gottfried claims that human rights are just “pious noise signifying whatever journalists or victimologists want it to mean in a particular situation,” manipulated by the self-appointed vicars of the church of “human rights,” whose “new theocratic world government” means a “reduction of morality to trendiness.” Trendy theocrats? Is there some contradiction here? In his various comments on my work, and his critique of (...) Victor Zaslavsky's views on totalitarianism,1 Piccone rejects universal human rights and the liberal critique of totalitarian states—a theme echoed…. (shrink)

_A bracing account of liberalism’s most radical critics introducing one of the most controversial movements of the twentieth century__ “Powerful.... Bracing.... Part of the book’s eerie relevance comes from the role Russia plays throughout.”—Ezra Klein, _New York Times___ “One of the best books I’ve read this year.... Its importance at this critical moment in our history cannot be overstated.”—Rod Dreher, ___American Conservative__ In this eye-opening book, Matthew Rose introduces us to one of the most controversial intellectual movements of the (...) twentieth century, the “radical right,” and discusses its adherents’ different attempts to imagine political societies after the death or decline of liberalism. Rose shows how such thinkers are animated by religious aspirations and anxieties that are ultimately in tension with Christian teachings and the secular values those teachings birthed in modernity. (shrink)

_Reflects new advances in Hegel scholarship and demonstrates the contemporary relevance of the Philosophy of Right._.

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

In their 1969 so-called White Paper on Indian Policy,Pierre Trudeau's government argued that it was time to abolish the group-specific rights differentiating Aboriginal people from other Canadians, including, in some Aboriginal societies, the group-specific right to restrict voting, residency, public office, and other social goods, to their Aboriginal members. Given the negative impact the loss of such so-called collective or group rights would have on the security of their cultures, Aboriginal people were incensed, and, consequently, the federal liberals backed (...) down. More recently, Gordon Campbell maintained as a 1996 election promise that, were his provincial liberal party to be elected in British Columbia, he would oppose group-specific rights for Aboriginal people in British Columbia. Both Trudeau and Campbell argued that it is wrong for Aboriginal people to have group-specific rights by appeal to the idea that such collective rights are discriminatory because they assign opportunities to individuals on the basis of culture or race. Political elites are not alone in thinking that collective rights override individual rights. In fact, it has become a national motif that Section 15 of the Canadian Charter, which makes it illegal to discriminate on the grounds that citizens are to be guaranteed equal protection of the law, is incompatible with group-specific rights for Aboriginal people. (shrink)

_A bracing account of liberalism’s most radical critics introducing one of the most controversial movements of the twentieth century__ “Powerful.... Bracing.... Part of the book’s eerie relevance comes from the role Russia plays throughout.”—Ezra Klein, _New York Times___ “One of the best books I’ve read this year.... Its importance at this critical moment in our history cannot be overstated.”—Rod Dreher, ___American Conservative__ In this eye-opening book, Matthew Rose introduces us to one of the most controversial intellectual movements of the (...) twentieth century, the “radical right,” and discusses its adherents’ different attempts to imagine political societies after the death or decline of liberalism. Rose shows how such thinkers are animated by religious aspirations and anxieties that are ultimately in tension with Christian teachings and the secular values those teachings birthed in modernity. (shrink)

Summary Liberals, from Mill to Rawls see personal autonomy as paramount in civil society. They see human dignity to consist essentially in personal autonomy, that is, ?in the ability of each person to determine for himself or herself a view of the good life? (Taylor, C. (1992) p. 27). Multiculturalism and ?The Politics of Recognition? p. 57 (Princeton, Princeton University Press). This emphasis on personal autonomy underlies much of liberal emphasis on freedom of conscience, justice, rights and fairness. Its core (...) thesis is that a just society seeks not to promote any particular view of the good life, but enables its citizens to pursue their own ends consistent with a similar liberty for all others. Yet, when some citizens in America attempted to pursue their own view of the good life, they came up against head?on conflict with the liberal state. These groups saw civic education with its emphasis on individual choice, on reflecting and weighing of alternative viewpoints and on personal autonomy, as threatening to their way of life and to their fundamental religious beliefs, and consequently they challenged the state in the courts. What ensued raised profound educational problems for educating children, parental rights, and the right of the State in a liberal democratic society, which are discussed in this paper. (shrink)

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