The essays in this collection investigate two political traditions and their critical interactions. The first series of essays deals with the development of natural rights individualism, some examining its origins in the thought of the seminal political theorist, John Locke, and the influential constitutional theorist, Montesquieu, others the impact of their theories on intellectual leaders during the American Revolution and the Founding era, and still others the culmination of this tradition in the writings of nineteenth-century individualists such as Lysander Spooner. (...) The second series of essays focuses on the Progressive repudiation of natural rights individualism and its far-reaching effect on American politics and public policy. (shrink)

This essay seeks to answer the question of how the behavior of wealthy advocates of some version of socialism can be reconciled with their advocacy of those ideas. The answer is that the conception of egalitarianism under which they choose to live is one that redistributes income, not wealth, while the egalitarianism that they advocate for others is that in which all wealth is the property of one person who decides how much will be distributed to others.

The following essay analyzes the arguments made by the principal academic proponent of income taxation, Columbia University economist E. R. A Seligman, after it was found to be unconstitutional in 1894. Seligman thought that the prevalent theory of just taxation, that it should be based on a natural right to one’s person and property, was wrong. The principal American philosophical proponent of this natural rights-based approach to taxation was the late Brown University philosopher and economist, Francis Wayland. The essay analyzes (...) the flaws in Seligman’s contention that there are no natural rights and, therefore, no natural property rights, so that taxation could not be justified by the benefits received for the protection of such rights. Instead, he claimed taxation should rest upon a person’s financial capacity. Since that capacity would be most accurately measured by net worth, we would have expected Seligman to endorse a proportionately assessed net worth tax (which was commonly used by the states in the nineteenth century). Alternatively, he argued for an income tax progressively assessed. This essay argues that since income is only a portion of financial capacity, his argument fails. (shrink)

The legitimacy of political authority may be philosophically defended in a number of ways. It may be argued that the lineage, biological or otherwise, of a society's rulers confers upon them an entitlement to be obeyed. Or it may be contended that the body of law to which a polity's citizens are subject is just and, therefore, whatever group of governmental officials executes it does so legitimately. Alternatively, it may be maintained that the consensual genesis of a society's political institutions (...) can serve as its warrant. And finally, no one of the above justifications may provide, by itself, a sufficient ground for the exercise of political authority. Rather, some combination of them may be required to affirm the legitimacy of governmental institutions. (shrink)

In this book Kymlicka attempts to confute two related criticisms of contemporary liberalism: first, that liberalism must understate the role played by communal relationships in our individual lives, and second, that liberalism cannot, without transgressing its own principles, defend the special legal protections which are often required for the continued existence of aboriginal cultures within the modern state. In responding to these critiques, Kymlicka employs the theoretical resources of the contemporary welfare-state liberalism delineated by Rawls and Dworkin.

Economic rights - rights to use, possess, exchange, and otherwise dispose of property - are at the centre of some of the most important and fundamental disputes in Western moral and political theory. This book provides a fresh look at assumptions that are sometimes overlooked in debates about capitalism, socialism and the welfare state. Essays in this book by internationally renowned academic lawyers, economists, and philosophers, explore what sort of economic rights people ought to have, how they ought to be (...) conceived of and grounded, and the consequences that would ensue were one system or another set up to ensure them; the related question of the nature of various economic systems and how well they do at guaranteeing such rights are also discussed. (shrink)

Confronting crucial and difficult issues, the ten authors whose essays appear in this volume offer fresh perspectives on the nature and value of altruism. This collection of essays on moral philosophy deal with the balance to be struck between egoism and altruism - that is, between pursuing one's own interests and serving the interest of others - and with related issues. Contributions examine the relationship between altruism and rationality; consider cases in which one's personal needs and goals may legitimately be (...) given priority over the needs of others; question whether, and under what conditions, we may properly be forced to serve others' interests; and examine the role government should play in regulating our interactions. (shrink)

The essays in this volume, first published in 2000, explore questions about democracy that are relevant to political philosophy and political theory. Some essays discuss the appropriate ends of government or examine the difficulties involved in determining and carrying out the will of the people. Some address questions relating to the kinds of influence citizens can or should have over their representatives, asking, for example, whether individuals have a duty to vote, or whether inequalities in political influence among citizens can (...) be morally justified. Other essays analyze democratic institutions, discussing what role deliberation should play in the democratic process, and asking whether it is legitimate to use laws and public policies to express approval or disapproval of various kinds of conduct. Still others examine the relationship between democracy and value pluralism, or consider the suitability of democracy as a form of government in non-Western societies. (shrink)

Freedom of association is a cherished liberal value, both for classical liberals who are generally antagonistic toward government interference in the choices made by individuals, and for contemporary liberals who are more sanguine about the role of government. However, there are fundamental differences between the two viewpoints in the status that they afford to associational freedom. While classical liberals ground their support for freedom of association on the core notion of individual liberty, contemporary liberals usually conceive of freedom of association (...) as one among many values that are necessary for a liberal democracy to flourish. Which position provides a better grounding for freedom of association? The twelve essays in this volume explore the history and development of the right of free association, and discuss the limits that may legitimately be placed on this right. (shrink)

What are the core values of liberalism and how can they best be promoted? Liberals in the classical tradition championed individual freedom, limited government and a capitalist economic system with strong rights to private property. Contemporary liberals, in contrast, embrace more egalitarian values and allow for a far more prominent role for government intervention in the market to reduce inequality, redistribute wealth and regulate economic activity. What accounts for these very disparate liberal views of property rights and economic freedom? How (...) should we understand the transition from the classical view of liberalism to its more egalitarian modern version? And what, ideally, should the relationship be between the central values of liberalism and the economic institutions of capitalism? The eleven essays in this volume address these questions and examine related issues. (shrink)

The notion of obligation of what an agent owes to himself, to others, or to society generally occupies a central place in morality. But what are the sources of our moral obligations and what are their limits? To what extent do obligations vary in their stringency and severity, and does it make sense to talk about imperfect obligations, that is, obligations that leave the individual with a broad range of freedom to determine how and when to fulfil them? The twelve (...) essays in this volume address these and other questions and explore related issues. Some of them discuss broad theoretical questions, some essays look at moral reasons for action. Others discuss specific moral obligations or the tensions that may exist between our obligations and our other concerns. (shrink)

Modern industrial societies have achieved a level of economic prosperity undreamed of in earlier times, but in the view of the contemporary environmental movement, the prosperity has come at the cost of serious degradations to the natural world. For environmental advocates, problems such as resource depletion, air and water pollution, global warming and the loss of biodiversity represent due threats to the well-being of human societies and the planet itself. But just how serious are these threats and how should we (...) go about confronting them? Do environmental problems call for more extensive government controls over industrial activity, energy policy and the like, or is it possible to find solutions by harnessing the incentives of the free market? The essays in this collection address these questions and explore related issues. (shrink)

The institution of private property lies at the heart of contemporary Western societies. However, what are the limits of property ownership? Do principles of justice require some measure of governmental redistribution of property in order to relieve poverty or to promote greater equality among citizens? And what do principles of justice have to say about individuals' ownership of their own talents and the products of their labor, and about the initial acquisition of land and natural resources? The essays in this (...) volume, written by eleven prominent political and moral philosophers, address these questions and explore related issues. A number of them consider the theoretical foundations of property ownership, asking how the rights of individuals to acquire property can be justified, and how extensive these rights are. Some focus on the concept of self-ownership, discussing how the individual's right to control their own mind, body and actions relates to their right to gain control over extrapersonal objects and resources. Others look at connections between property ownership and various values, including democratic political participation and equality of wealth and opportunity. (shrink)

These essays assess market liberal or libertarian political theory. They provide insights into the limits of government, develop market-oriented solutions to pressing social problems, and explore some defects in traditional libertarian theory and practice. Some of the essays deal with crucial theoretical issues, asking whether the promotion of citizens' welfare can serve as the justification for the establishment of government, or inquiring into the constraints on individual behavior that exist in a liberal social order. Some essays explore market liberal or (...) libertarian positions on specific public policy issues, such as affirmative action, ownership of the airwaves, the provision of healthcare, or the regulation of food and drugs. Other essays look at property rights, the morality of profit-making, or the provision of public goods. Still others address libertarianism as a political movement, suggesting ways in which libertarians can reach out to those who do not share their views. (shrink)

Any comprehensive discussion of property must draw on a range of disciplines - philosophy, politics, economics, and legal theory - and must address a number of fundamental questions: What is the nature of ownership, and should there be limits on the rights that attend it? Should property be held privately or in common, or should some combination of these two types of ownership prevail? To what extent does the legitimacy of a system of property depend on considerations of economic efficiency (...) or distributive justice? The essays in this volume examine these questions, as well as other important issues, from a variety of perspectives. Some explore the theory of original acquisition; others deal with the concept of self-ownership; still others look at legal or constitutional issues. (shrink)

The essays in this volume address questions about responsibility that arise in moral philosophy and legal theory. Some analyse different theories of causality, asking which theory offers the best account of human agency and the most satisfactory resolution of troubling controversies about free will and determinism. Some essays look at responsibility in the legal realm, seeking to determine how the law should assign liability for negligence, or whether the courts should allow defendants to offer excuses for their wrongdoing or to (...) claim some form of 'diminished responsibility'. Other essays explore libertarian views about political freedom and accountability, asking whether libertarian positions on consent, contract law, and responsibility are consistent, or whether restitution is superior to retribution or deterrence as a basis for a theory of corrective justice. Still others examine the notion of partial or divided responsibility, or the relationship between responsibility and the emotions. (shrink)

The distinction between the public and private spheres of human life is a critical facet of contemporary moral, political, and legal thought. Much recent scholarship has invoked privacy as an important component of individual autonomy and as something essential to the ability of individuals to lead complete and fulfilling lives. However, the protection of one's privacy can interfere with the ability of others to pursue their own projects and with the capacity of the state to achieve collective goals. Developing an (...) acceptable account of the right to privacy - one that provides satisfactory answers to both theoretical and practical questions - has proven to be a vexing problem. The thirteen essays in this volume examine various aspects of both the right to privacy and the roles that this right plays in moral philosophy, legal theory, and public policy. (shrink)

These essays explore the history and justification of the welfare state and examine private alternatives to the public provision of aid. Essays focus on the nature of personal responsibility, the impact of identity politics on the welfare state, and the various strategies that have been proposed to deal with the problem of poverty. Others assess the success or failure of public housing, government assistance to veterans, or other specific programmes, suggesting ways of reforming, expanding, or replacing them.

A central idea in moral and political philosophy, 'autonomy' is generally understood as some form of self-governance or self-direction. Certain Stoics, modern philosophers such as Spinoza, and most importantly, Immanuel Kant, are among the great philosophers who have offered important insights on the concept. Some theorists analyze autonomy in terms of the self being moved by its higher-order desires. Others argue that autonomy must be understood in terms of acting from reason or from a sense of moral duty independent of (...) the passions. Autonomy seems closely related to the notion of freedom, but in what sense: freedom from coercion, freedom from psychological constraints, or freedom from material necessity? Various approaches to these and similar questions yield different implications for public policy. Is capitalism, social democracy or socialism more favorable to autonomy? The essays in this volume address these important questions. (shrink)

These essays address some of the most intriguing questions raised by natural law theory and its implications for law, morality, and public policy. some of the essays explore the implications that natural law theory has for jurisprudence, asking what natural law suggests about the use of legal devices such as constitutions and precedents. Other essays examine the connections between natural law and various political concepts, such as citizens' rights and the obligation of citizens to obey their government.

What constitutes a just tax system, and what are its moral foundations? Should a society's tax regime be designed to achieve a just distribution of wealth among its citizens, or should such a regime be designed to promote economic growth, rising standards of living, and increasing levels of employment? Are these two goals compatible or incompatible? Why should justice not require, or at least lead to, an increase in general prosperity? The essays in this volume examine the history of tax (...) policies and the normative principles that have informed the selection of various types of taxes and tax regimes; economic data to discover which tax policies lead to economic growth; particular theories of justice or property rights regarding the design of tax systems; and other essays propose specific tax reforms. Still others challenge traditional theories of taxation, offering new ways of understanding the fiscal relationship between governments and their citizens. (shrink)

In this original and compelling book, Jeffrey P. Bishop, a philosopher, ethicist, and physician, argues that something has gone sadly amiss in the care of the dying by contemporary medicine and in our social and political views of death, as shaped by our scientific successes and ongoing debates about euthanasia and the "right to die"--or to live. __The Anticipatory Corpse: Medicine, Power, and the Care of the Dying__, informed by Foucault's genealogy of medicine and power as well as by a (...) thorough grasp of current medical practices and medical ethics, argues that a view of people as machines in motion--people as, in effect, temporarily animated corpses with interchangeable parts--has become epistemologically normative for medicine. The dead body is subtly anticipated in our practices of exercising control over the suffering person, whether through technological mastery in the intensive care unit or through the impersonal, quasi-scientific assessments of psychological and spiritual "medicine." The result is a kind of nihilistic attitude toward the dying, and troubling contradictions and absurdities in our practices. Wide-ranging in its examples, from organ donation rules in the United States, to ICU medicine, to "spiritual surveys," to presidential bioethics commissions attempting to define death, and to high-profile cases such as Terri Schiavo's, __The Anticipatory Corpse__ explores the historical, political, and philosophical underpinnings of our care of the dying and, finally, the possibilities of change. A ground-breaking work in bioethics, this book will provoke thought and argument for all those engaged in medicine, philosophy, theology, and health policy. "With extraordinary philosophical sophistication as well as knowledge of modern medicine, Bishop argues that the body that shapes the work of modern medicine is a dead body. He defends this claim decisively with with urgency. I know of no book that is at once more challenging and informative as __The Anticipatory Corpse. __To say this book is the most important one written in the philosophy of medicine in the last twenty-five years would not do it justice. This book is destined to change the way we think and, hopefully, practice medicine." --_Stanley Hauerwas, Duke Divinity School _ "Jeffrey Bishop carefully builds a detailed, scholarly case that medicine is shaped by its attitudes toward death. Clinicians, ethicists, medical educators, policy makers, and administrators need to understand the fraught relationship between clinical practices and death, and __The Anticipatory Corpse __is an essential text. Bishop's use of the writings of Michel Foucault is especially provocative and significant. This book is the closest we have to a genealogy of death." --_Arthur W. Frank, University of Calgary _ "Jeffrey Bishop has produced a masterful study of how the living body has been placed within medicine's metaphysics of efficient causality and within its commitment to a totalizing control of life and death, which control has only been strengthened by medicine's taking on the mantle of a bio-psycho-socio-spiritual model. This volume's treatment of medicine's care of the dying will surely be recognized as a cardinal text in the philosophy of medicine." --_H. Tristram Engelhardt, Jr., Rice University, Baylor College of Medicine_. (shrink)

In this collection, twelve philosophers, historians, and political philosophers-scholars with a diverse set of disciplinary and political leanings-assess aspects of socialism in light of its recent reversals. Some of the essays consider what made the socialist project seem compelling to its advocates, examining the moral and political values that made socialism appealing to intellectuals. Others evaluate whether there are aspects of socialism that ought to be preserved, such as its quest for equality and community. Some essays examine whether free-market systems (...) need to be further modified in response to ongoing socialist critiques. Several others argue for the continuing validity of socialism in its social democratic incarnation, suggesting ways in which socialism may still have a productive future. Still others condemn the socialist project as inherently misguided in theory, while also portraying 'really existing socialism' as cataclysmic in practice. (shrink)

A central idea in moral and political philosophy, 'autonomy' is generally understood as some form of self-governance or self-direction. Certain Stoics, modern philosophers such as Spinoza, and most importantly, Immanuel Kant, are among the great philosophers who have offered important insights on the concept. Some theorists analyze autonomy in terms of the self being moved by its higher-order desires. Others argue that autonomy must be understood in terms of acting from reason or from a sense of moral duty independent of (...) the passions. Autonomy seems closely related to the notion of freedom, but in what sense: freedom from coercion, freedom from psychological constraints, or freedom from material necessity? Various approaches to these and similar questions yield different implications for public policy. Is capitalism, social democracy or socialism more favorable to autonomy? The essays in this volume address these important questions. (shrink)

Technological innovations and social developments have led to dramatic changes in the practice of medicine and in the way that scientists conduct medical research. Change has brought beneficial consequences, yet these gains have come at a cost, for many modern medical practices raise troubling ethical questions: Should life be sustained mechanically when the brain's functions have ceased? Should potential parents be permitted to manipulate the genetic characteristics of their embryos? Should society ration medical care to control costs? Should fetal stem (...) cells be experimented upon in an effort to eventually palliate or cure debilitating diseases? Bioethicists analyze and assess moral dilemmas raised by medical research and innovative treatments; they also counsel healthcare practitioners, patients, and their families. In this anthology, fifteen philosophers, social scientists, and academic lawyers assess various aspects of this field. (shrink)

Technological innovations and social developments have led to dramatic changes in the practice of medicine and in the way that scientists conduct medical research. Change has brought beneficial consequences, yet these gains have come at a cost, for many modern medical practices raise troubling ethical questions: Should life be sustained mechanically when the brain's functions have ceased? Should potential parents be permitted to manipulate the genetic characteristics of their embryos? Should society ration medical care to control costs? Should fetal stem (...) cells be experimented upon in an effort to eventually palliate or cure debilitating diseases? Bioethicists analyze and assess moral dilemmas raised by medical research and innovative treatments; they also counsel healthcare practitioners, patients, and their families. In this anthology, fifteen philosophers, social scientists, and academic lawyers assess various aspects of this field. (shrink)

These essays represent the latest research of a number of prominent political theorists. The essays explore the role of government, the nature of public discourse and the obligations of citizens. Some examine the sources of our need for government, asking what form of government we should establish and whether a single form can be suitable for all societies. Some seek to discover the proper aims of government - asking, for example, whether government should promote equality among its citizens or whether (...) it should allow inequalities in the hope of raising everyone's level of well-being. Others explore government's role in ensuring citizens' autonomy and in protecting their rights to pursue their own interests and projects. Still others examine the processes through which policies are formulated and debated, asking what forms of public deliberation are likely to produce the best results. (shrink)