This article examines the relationship between compromise and fairness, and considers in particular why, if a fair outcome to a conflict is available, the conflict should still be subject to compromise. It sets out the defining features of compromise and explains how fair compromise differs from both principled and pragmatic compromise. The fairness relating to compromise can be of two types: procedural or end-state. It is the coherence of end-state fairness with compromise that proves the more puzzling case. We offer (...) reasons why people should be allowed to resolve conflicting or competing claims through compromise, even if compromise comes at the expense of end-state fairness, but we resist the suggestion that the primary rationale for compromise is to be found in non-ideal circumstances. (shrink)

Issues of religious toleration might be thought dead and advocacy of religious toleration a pointless exercise in preaching to the converted, at least in most contemporary European societies. This paper challenges that view. It does so principally by focusing on issues of religious accommodation as these arise in contemporary multi-faith societies. Drawing on the cases of exemption, Article 9 of the ECHR, and law governing indirect religious discrimination, it argues that issues and instances of accommodation are issues and instances of (...) toleration. Special attention is given to issues that arise when the claims of religious belief conflict with those of other legally protected characteristics, especially sexual orientation. The paper uses a concept of toleration appropriate to a liberal democratic political order—one that replaces the ‘vertical’ ruler-to-subject model of toleration that suited early modern monarchies with a ‘horizontal’ citizen-to-citizen model appropriate to a political order that aims to uphold an ideal of toleration rather than itself extend toleration to those whose lives it regulates. (shrink)

In recent years there has been much debate over whether recognition has displaced, or should displace, redistribution as the pre‐eminent concern of contemporary politics. That debate is not about whether we should continue to pursue an egalitarian ideal, since equality is as much a goal for the politics of recognition as it is for the politics of redistribution. In this essay, I address only issues of recognition and ask what kind of equal recognition we can reasonably demand or pursue. I (...) argue that we can expect to secure equal recognition of difference or particularity only if that recognition is mediated by more general forms of recognition. Certainly that approach is implied if we hold that difference should be recognised because that difference matters to the recognised rather than to the recogniser. Thus, I challenge the prevailing view that the politics of difference should replace the politics of universalism; rather, the politics of difference presupposes a form of universalism. I also use a distinction between status and merit recognition to indicate the difficulties that confront the goal of equal recognition if we insist that particularity or difference should be the object of unmediated recognition. I use cultural and religious identities as the main foci for my argument, but I also consider how far that argument translates to issues of sexuality and gender. (shrink)

How should we deal with social diversity if we conceive it as cultural diversity? Appeals to cultural relativism and to the collective good of diversity provide inadequate answers. Taking cultural diversity seriously requires that we respond to it fairly or justly and that, in turn, requires an approach that is impartial (or neutral) amongst cultures. Claims of impartiality are often thought peculiarly implausible when applied to cultural diversity, but an impartialist approach is in fact peculiarly appropriate to that form of (...) diversity. The issue is not whether we can be impartial, but whether we are ready to accept the implications of describing a diversity as ?cultural? and, if we are, what form our impartiality should take. Attempts to avoid claims of impartiality by dealing with diversity through deliberative processes are misguided since those processes must embody commitments to impartiality if their outcomes are to be just. (shrink)

The paper reflects on the relationship between the understanding of human activity which Marx expresses in Capital and the theoretical model of activity offered by an influential contemporary variant of Activity Theory. The paper argues that this variant departs significantly from Marx’s conception of human activity and its role in what he calls the ‘labour process’. In particular, Activity Theory has failed to distinguish between the labour process and the valorization process, a distinction which is fundamental to Capital and to (...) Marx’s theoretical and political perspective more generally. The paper also argues that this conceptual conflation is also evident in the theoretical discourse of the founders of the Activity Theory tradition. The paper goes on to consider the theoretical and practical implications of this departure from the method and conclusions of Capital. (shrink)

(2000). Human rights and diverse cultures: Continuity or discontinuity? Critical Review of International Social and Political Philosophy: Vol. 3, Human Rights and Global Diversity, pp. 27-50.

I reply to each of the contributions in this issue. I agree with much that Hillel Steiner argues, especially his insistence that the associated ideas of impartiality and discontinuity are crucial to dealing satisfactorily with a diversity of competing claims. I am, however, less willing to conceive provision for that diversity as the role, rather than a role, that we should ascribe to rights. I question the success of David Miller?s endeavour to provide a unified justification of human rights grounded (...) in the concept of need. It is the notion of a minimally decent human life, rather than need itself, that does most of the justificatory work in Miller?s argument and, arguably, that notion does not deliver a genuinely unitary account of human rights. I concede the case for state funding of opera and the arts more generally to John Horton?s argument, but defend neutralism, and its associated distinction between the right and the good, as a strategy for dealing with diversity, including cultural diversity. I resist Richard Bellamy?s attempt to ground all basic rights in democracy and suggest that his argument relies upon idealized assumptions about the functioning of democracy. I share much of his objection to substituting judicial for political decision-making but argue that a strong moral commitment to rights need not imply a shift in power from democratic processes to courts. I endorse Albert Weale?s argument for favouring a beneficial design approach over a rights approach to healthcare and to many other social goods. Rights should not monopolize our moral and political thinking. (shrink)

With some qualifications, this article endorses Brian Leiter’s argument that religious accommodation should not shift burdens from believers to non-believers. It argues that religious believers should take responsibility for their beliefs and for meeting the demands of their beliefs. It then examines the implications of that argument for British law on indirect discrimination as it relates to religion or belief: burden-shifting from believers to employers and providers of goods and services should be deemed acceptable only insofar as the burden incurred (...) by the employer or provider is ‘insignificant’. Legal exemptions should satisfy a similar test. Why should there be religious accommodation at all, even if it entails no significant burden-shifting? The author agrees with Leiter in finding the most plausible answer in the claims of conscience rather than in general theories of equality or features special to religion. Those claims can reasonably be made in respect of liberty of conscience but also when conscience is merely disadvantaged. (shrink)

We often speak of 'Eastern' and 'Western' philosophy, yet it is not always easy to distinguish the key factors that justify this distinction. This essay explores the two very different conceptions of the continuum that underlie these traditions of thought and knowledge. The views of Hermann Weyl are given and it is proposed they are correct. Attention is drawn to the mutually-exclusive visions of the continuum that separate the philosophies of East and West, for they offer us a way of (...) pinning down a definition of these vague geographical terms so as to give them, in at least one respect, a clear philosophical and scientific meaning. (shrink)

(2006). Toleration, Value‐pluralism, and the Fact of Pluralism. Critical Review of International Social and Political Philosophy: Vol. 9, The Political Theory of John Gray, pp. 189-210.

Two distinct senses of 'understanding', Neither implying that works of art have meaning, Or communicate: (1) 'cognitive', Referring to knowledge of character of work; (2) 'phenomenal', Parasitic on (1), Referring to what a viewer takes work to be, Or sees it as. Individuation and characterization of works is settled by contingent agreement. Understanding a work shares features with understanding persons, And arguments. It is an achievement concept, Partly passive, Partly active, Whose nature is unknown in advance. Critics create conventions for (...) talking about works; this leaves little room for pretending, At least in sense (2) which is an explicitly 'intentional' concept. (shrink)

This chapter contains sections titled: Biography Philosophy.

Journal of Social Philosophy, EarlyView.

The United Nations General Assembly adopted the Universal Declaration of Human Rights in 1948. A burgeoning human rights movement followed, yielding many treaties and new international institutions and shaping the constitutions and laws of many states. Yet human rights continue to be contested politically and legally and there is substantial philosophical and theoretical debate over their foundations and implications. In this volume distinguished philosophers, political scientists, international lawyers, environmentalists and anthropologists discuss some of the most difficult questions of human rights (...) theory and practice: What do human rights require of the global economy? Does it make sense to secure them by force? What do they require in jus post bello contexts of transitional justice? Is global climate change a human rights issue? Is there a human right to democracy? Does the human rights movement constitute moral progress? For students of political philosophy, human rights, peace studies, and international relations. (shrink)