This chapter contains sections titled: Contractualist Justification and Private Property Three Models of Welfare Rights The Proposals as Reasonable Alternatives Objections Conclusion References.

When the Supreme Court in 2003 struck down a Texas law prohibiting homosexual sodomy, it cited the right to privacy based on the guarantee of "substantive due process" embodied by the Constitution. But did the court act undemocratically by overriding the rights of the majority of voters in Texas? Scholars often point to such cases as exposing a fundamental tension between the democratic principle of majority rule and the liberal concern to protect individual rights. Democratic Rights challenges this view by (...) showing that, in fact, democracy demands many of these rights. Corey Brettschneider argues that ideal democracy is comprised of three core values--political autonomy, equality of interests, and reciprocity--with both procedural and substantive implications. These values entitle citizens not only to procedural rights of participation but also to substantive rights that a "pure procedural" democracy might not protect. What are often seen as distinctly liberal substantive rights to privacy, property, and welfare can, then, be understood within what Brettschneider terms a "value theory of democracy." Drawing on the work of John Rawls and deliberative democrats such as Jürgen Habermas, he demonstrates that such rights are essential components of--rather than constraints on--an ideal democracy. Thus, while defenders of the democratic ideal rightly seek the power of all to participate, they should also demand the rights that are the substance of self-government. (shrink)

Brettschneider extends this analysis from freedom of expression to the freedoms of religion and association, and he shows that value democracy can uphold the protection of these freedoms while promoting equality for all citizens.

Democratic theorists often distinguish between two views of democratic procedures. ‘Outcomes theorists’ emphasize the instrumental nature of these procedures and argue that they are only valuable because they tend to produce good outcomes. In contrast, ‘proceduralists’ emphasize the intrinsic value of democratic procedures, for instance, on the grounds that they are fair. In this paper. I argue that we should reject pure versions of these two theories in favor of an understanding of the democratic ideal that recognizes a commitment to (...) both intrinsically valuable democratic procedures and democratic outcomes. In instances in which there is a conflict between these two commitments, I suggest they must be balanced. This balancing approach offers a justification of judicial review on the grounds that it potentially limits outcomes that undermine democracy. But judicial review is not justifiable in any instance in which a bad democratic outcome results from democratic procedures. When the loss that would result from overturning a democratic procedure is greater than the gain to democracy that would result from ensuring against an undemocratic outcome; judicial review is not justifiable. Loss or gain to democracy is defined by the negative or positive impact of each action on the core democratic values of equality and autonomy, aspects of the democratic ideal. Even when judicial review is justified, the fact that it overturns intrinsically valuable procedures suggests that such review is never ideal from the standpoint of democracy. (shrink)

Religious freedom is often thought to protect, not only religious practices, but also the underlying religious beliefs of citizens. But what should be said about religious beliefs that oppose religious freedom itself or that deny the concept of equal citizenship? The author argues here that such beliefs, while protected against coercive sanction, are rightly subject to attempts at transformation by the state in its expressive capacities. Transformation is entailed by a commitment to publicizing the reasons and principles that justify the (...) basic rights of citizens. (shrink)

In this essay I develop and defend a theory of state punishment within a wider conception of political legitimacy. While many moral theories of punishment focus on what is deserved by criminals, I theorize punishment within the specific context of the state's relationship to its citizens. Central to my account is Rawls's “liberal principle of legitimacy,” which requires that all state coercion be justifiable to all citizens. I extend this idea to the justification of political coercion to criminals qua citizens. (...) I argue that the liberal principle of legitimacy implicitly requires states to respect the basic political rights of those who are guilty of committing crimes, thus prohibiting capital punishment. (shrink)

Hate groups are often thought to reveal a paradox in liberal thinking. On the one hand, such groups challenge the very foundations of liberal thought, including core values of equality and freedom. On the other hand, these same values underlie the rights such as freedom of expression and association that protect hate groups. Thus a liberal democratic state that extends those protections to such groups in the name of value neutrality and freedom of expression may be thought to be undermining (...) the values on which its legitimacy rests. In this paper, I suggest how this apparent paradox might be resolved. I argue that the state should protect the expression of illiberal beliefs, but that the state (along with its citizens) is also obligated to criticize publicly those beliefs. Distinguishing between two kinds of state action—coercive and expressive—I contend that such criticism should be pursued through the state’s expressive capacities in its roles as speaker, educator, and spender. Here I extend the familiar idea that law, to be legitimate, must be widely publicized; I contend that a proper theory of the freedom of expression obligates the legitimate state to publicize the reasons that underlie rights, in particular reasons that appeal to the entitlement of each citizen subject to coercion to be treated as free and equal. My theory of freedom of expression is thus “expressive” in two senses: it protects the entitlement of citizens to express any political viewpoint, and it emphasizes a role for the state in explaining these free-speech protections and persuading its citizens of the value of the entitlements that underlie them. (shrink)

Feminist thinkers have long criticized liberal theory’s public/private distinction for perpetuating indifference to injustices within the family. Thinkers such as Susan Okin have extended this criticism in evaluating the theory of political liberalism, suggesting that this theory’s reliance on a public conception of citizenship renders it indifferent to the way in which the internal politics of the family can undermine equality.However, I argue in this article that the feminist concern to ensure equality within the domestic sphere can in fact be (...) incorporated into a reconstructed account of political liberalism. Central to my strong public reconstruction is the principle of publicly justifiable privacy, according to which the public/private distinction itselfmust be formulated with reference to the values of free and equal citizenship. On my account, the public values of citizenship should figure prominently in evaluations of family life. This reformulation of the public/private distinction answers feminist critics who suggest that political liberalism fails to offer a politics of the personal. (shrink)

Liberal political theorists often argue that justice requires limits on policy outcomes, limits delineated by substantive rights. Distinct from this project is a body of literature dedicated to elaborating on the meaning of democracy in procedural terms. In this article, I offer an alternative to the traditional divide between procedural theories of democracy and substantive theories of justice; I call this the ‘value theory of democracy’. I argue that the democratic ideal is fundamentally about a core set of values (political (...) autonomy, equality of interests, and reciprocity) with both procedural and substantive implications. Further, I contend that limits on policy outcomes can be newly understood as part of the democratic ideal. Key Words: democracy • rights • substantive • procedural • Habermas. (shrink)

In this short essay, I respond to Brian Leiter’s Why Tolerate Religion. I focus on two criticisms. First, I argue that Leiter’s own theory depends on an unacknowledged ideal of equality, and that equality is central to the utilitarian and Rawlsian bases for religious toleration that he draws upon in his book. Second, I argue against Leiter’s allowing, in certain circumstances, the state to establish religion and to promote religious conceptions of the good.

The right to private property is among the most fundamental in liberal theory. For many liberals the idea of the state is grounded in its role as a protector of private property. If the liberal state is justified by its ability to protect property, the modern welfare state is often justified by its ability to meet needs. According to a view commonly referred to as “welfarism,” the very fact that needs exist implies there is a moral obligation to meet them. (...) In this Article I appeal to Rawlsian contractualist justification, including the “criterion of reciprocity,” in developing a third manner of thinking about the relationship between property and welfare. I argue that welfare rights are necessary conditions for justifying a role for the state in enforcing the “right to exclude,” a fundamental element of private ownership. My Article thus aims to use Rawls’ account of justification, outlined in his later works, to theorize the notion of property-owning democracy from Theory of Justice. (shrink)

This chapter argues that the same logic that imbues the state with the legitimate authority to punish also imposes restraints on that authority. It suggests that scholarship on punishment puts more emphasis on the political legitimacy of state punishment rather than on the moral question of what is deserved by criminals. It turns to Rousseau's social contract based justification for punishment as a crucial resource in that effort. It begins by closely examining Rousseau's claim that the criminal consents to punishment, (...) and by suggesting that his seemingly absurd and perverse claims are actually defensible. It goes on to clarify two senses in which Rousseau's understanding of consent serves to ground the rights of the guilty. First, it argues that the idea of consent itself legitimizes some punishment but also sets strict limits on when and how the state can punish. Second, it argues that Rousseau's account of welfare rights also sets a limit on when the state may rightfully punish. The final two sections of the chapter consider the role of punishment outside the social contract in Rousseau's theory and suggest an important contrast between Rousseau's and Hobbes's conceptions of punishment. (shrink)

This is a really good book. Brettschneider’s When the State Speaks is both provocative and persuasive, resolving a stubborn conflict within democratic theory in a way many will initially reject, but which he argues for so effectively that, by the end, the controversial appears the commonsensical.The problem Brettschneider addresses is one with which we are all familiar. In democracies we believe in the right to free speech. We believe that this right is implied by the underlying principles of (...) democracy, and believe that the exercise of this right is essential for democracy to function. We are presented with a conflict when some people use their right to free speech to advocate values that are contradictory to democracy: to argue that not everyone should be allowed to speak, to argue that not all citizens are equal, to argue that some people should be discriminated against for reasons of race, religion, sex, or other distinctions that, in a democracy, we hold to be irrelevant. The probl. (shrink)

This contemporary, comprehensive, and practical text helps you discover and determine your own guidelines for helping within the broad limits of professional codes of ethics and divergent theoretical positions. This text is the relied-upon, essential text for students in any helping field-the book many students return to well into their professional careers. The authors raise what they consider to be central issues, present a range of diverse views on the issues, discuss their position, and present opportunities for you to refine (...) your own thinking and actively develop your own informed position. Questions explored include: What role do the therapist's personal values play in the counseling relationship? What ethical responsibilities and rights do clients and therapists have? What considerations are involved in adapting counseling practice to diverse client populations? And more... (shrink)

Up-to-date and comprehensive, this practical best seller provides students with the basis for discovering their own guidelines for helping within the broad limits of professional codes of ethics and divergent theoretical positions. Respected authors Gerald Corey, Marianne Corey, and Cindy Corey raise what they consider to be central issues, present a range of diverse views on the issues, discuss their position, and provide opportunities for students to refine their thinking and develop an informed position. With new material (...) in every chapter and an emphasis on critical thinking, ISSUES AND ETHICS IN THE HELPING PROFESSIONS, 10th Edition, is useful for students as well as practicing professionals. This edition features MindTap®, the digital learning solution that helps instructors engage and transform today's students into critical thinkers and successful helpers. (shrink)

Applying critical sociological theory, this book explores the shortcomings of popular tactics in animal liberation efforts. Building a case for a scientifically-grounded grassroots approach, it is argued that professionalized advocacy that works in the service of theistic, capitalist, patriarchal institutions will find difficulty achieving success.

Table of Contents: Chapter 1: Wolff and the Refinement of the Mathematical Method / Chapter 2: Wolff’s Emendation of Ontology / Chapter 3: Soul, World, and God: Wolff’s Metaphysics / Chapter 4: The Abuse of Philosophy: Pietism and the Metaphysics of Freedom / Chapter 5: Women and the Wolffian Philosophy / Chapter 6: Reason beyond Proof: Debating the Use and Limits of the PSR / Chapter 7: The Paradoxes of Sensation from Wolff to Amo / Chapter 8: The Fate of (...) the Soul: G. F. Meier on Immortality / Chapter 9: Moses Mendelssohn and Spinoza’s Ghost . (shrink)

Throughout the world people differ in the magnitude with which they value strong family ties or heightened religiosity. We propose that this cross-cultural variation is a result of a contingent psychological adaptation that facilitates in-group assortative sociality in the face of high levels of parasite-stress while devaluing in-group assortative sociality in areas with low levels of parasite-stress. This is because in-group assortative sociality is more important for the avoidance of infection from novel parasites and for the management of infection in (...) regions with high levels of parasite-stress compared with regions of low infectious disease stress. We examined this hypothesis by testing the predictions that there would be a positive association between parasite-stress and strength of family ties or religiosity. We conducted this study by comparing among nations and among states in the United States of America. We found for both the international and the interstate analyses that in-group assortative sociality was positively associated with parasite-stress. This was true when controlling for potentially confounding factors such as human freedom and economic development. The findings support the parasite-stress theory of sociality, that is, the proposal that parasite-stress is central to the evolution of social life in humans and other animals. (shrink)

Evidence-based practice (EBP) is a relatively recent incarnation in social work's long history of valuing evidence as a basis for practice. Few argue with the ethics and usefulness of grounding practice in empirically tested interventions. Critics of EBP instead focus on how it is defined and implemented. Critiques include what counts as evidence, who makes decisions regarding research agendas and processes, and the lack of attention to context. This essay reflects on such critiques and suggests that social work, as a (...) profession that values human diversity, equality, and self-determination, is well situated to shed light on such debates about EBP. As a profession that supports a person-in-environment perspective, we must examine not only the theory but the practice of EPB in academic, institutional, and societal settings. It is also argued that, owing to our professional mission, it is not enough to acknowledge the risk of oppression and harm; we are obligated to take them seriously and include such potential for harm in our assessment of so-called best practices. (shrink)

Corey W. Dyck presents a new account of Kant's criticism of the rational investigation of the soul in his monumental Critique of Pure Reason, in light of its eighteenth-century German context. When characterizing the rational psychology that is Kant's target in the Paralogisms of Pure Reason chapter of the Critique commentators typically only refer to an approach to, and an account of, the soul found principally in the thought of Descartes and Leibniz. But Dyck argues that to do so (...) is to overlook the distinctive rational psychology developed by Christian Wolff, which emphasized the empirical foundation of any rational cognition of the soul, and which was widely influential among eighteenth-century German philosophers, including Kant. In this book, Dyck reveals how the received conception of the aim and results of Kant's Paralogisms must be revised in light of a proper understanding of the rational psychology that is the most proximate target of Kant's attack. In particular, he contends that Kant's criticism hinges upon exposing the illusory basis of the rational psychologist's claims inasmuch as he falls prey to the appearance of the soul as being given in inner experience. Moreover, Dyck demonstrates that significant light can be shed on Kant's discussion of the soul's substantiality, simplicity, personality, and existence by considering the Paralogisms in this historical context.Readership: Scholars and advanced students in history of philosophy, especially those working on Kant. (shrink)

For those who subscribe to a pro-Black political ideology, like that of Pan-Africanism or Black Nationalism, is there a specific moral obligation between Black agents to protect one another against intersectional/multidimensional oppressions? Africana people are often subjugated to other forms of domination outside of anti-Black racism exclusively. When examining offenses against Black women, queer Black people, poor Black people, etc., both Black Nationalist and Pan-Africanist ethics suggest a moral obligation of protection to all Africana people, but there are varying ways (...) that obligation is explicated. In this argument, I assert that Amílcar Cabral’s text Resistance and Decolonization provides a critical framework for the ways in which disenfranchised, Africana people should be advocated for by their Africana counterparts that take Black collectivity seriously. This argument, as a starting point, conceptualizes Africana people defending one another as a form of decolonization, and it describes four dimensions of moral obligation for defense both within and outside of Black communities: political, economic, cultural, and armed defense. (shrink)

Representation is central to contemporary theorizing about the mind/brain. But the nature of representation--both in the mind/brain and more generally--is a source of ongoing controversy. One way of categorizing representational types is to distinguish between the analog and the digital: the received view is that analog representations vary smoothly, while digital representations vary in a step-wise manner. I argue that this characterization is inadequate to account for the ways in which representation is used in cognitive science; in its place, I (...) suggest an alternative taxonomy. I will defend and extend David Lewis's account of analog and digital representation, distinguishing analog from continuous representation, as well as digital from discrete representation. I will argue that the distinctions available in this four-fold account accord with representational features of theoretical interest in cognitive science more usefully than the received analog/digital dichotomy. (shrink)