One source of controversy surrounding John Rawls's later work — a source of both criticism and praise — has been the impression that he abandoned the philosophical project of figuring out what is truly just, in favour of the political project of working out a feasible consensus for people from a particular political tradition. One aspect of this controversy is the question of whether Rawls could advance his theory as being worthy of endorsement on the basis of good reasons without (...) also claiming it to be true. In preferring to claim reasonableness rather than truth, Rawls's main concern seems to have been to distinguish the ‘whole truth’ as represented by a particular comprehensive religious or philosophical doctrine, from the truth about politics given that reasonable people will inevitably disagree about the whole truth. (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)

In philosophical debates on human rights between the East and the West, scholars argue whether rights in the Universal Declaration of Human Rights (UDHR) and other international documents (in short, “international human rights”) are universal or culturally relative. Some scholars who emphasize the importance of East Asian cultures (such as the Confucian tradition) have different attitudes toward civil and political rights (CP rights) than toward economic, social, and cultural rights (ESC Rights). They argue that at least some international human rights (...) on the list of CP rights are not universal and believe that East Asian cultures can contribute to the moral justification of ESC rights. This chapter introduces a philosophical argument to support a normative account of human rights. This normative account, called “the minimal account of human rights,” is based on the ideas of minimal values, especially essential necessities of dignity. Based on this account, we can explain why international human rights are both universal and justified by East Asian cultures, especially the Confucian tradition. To explain this minimal account and illustrate how it can be applied to debates on international human rights, this chapter focuses on debates on the international human rights to liberty on the list of CP rights and the human rights to health on the list of ESC rights. (shrink)

Liberal political philosophy presupposes a moral theory according to which the ability to assess and choose conceptions of the good from a universal and impartial moral standpoint is central to the individual's moral identity. This viewpoint is standardly understood by liberals as that of a rationalhuman(nottranscendental) agent. Such an agent is able to reflect on her ends and pursuits, including those she strongly identifies with, and to understand and take into account the basic interests of others. From the perspective of (...) liberalism as a political morality, the most important of these interests is the interest in maximum, equal liberty for each individual, and thus the most important moral principles are the principles of justice that protect individuals' rights to life and liberty.According to the communitarian critics of liberalism, however, the liberal picture of moral agency is unrealistically abstract. Communitarians object that moral agents in the real world neither choose their conceptions of the good nor occupy a universalistically impartial moral standpoint. Rather, their conceptions of the good are determined chiefly by the communities in which they find themselves, and these conceptions are largely “constitutive” of their particular moral identities. Moral agency is thus “situated” and “particularistic,” and an impartial reflection on the conception of the good that constitutes it is undesirable, if not impossible. Further, communitarians contend, the good is “prior” to the right in the sense that moral norms are derived from, and justified in terms of, the good. An adequate moral and political theory must reflect these facts about moral agency and moral norms. (shrink)

Communitarians reject the impartial and universal viewpoint of liberal morality in favor of the "situated" viewpoint of the agent's community, and elevate political community into the moral community. I show that the preeminence of political community in communitarian morality is incompatible with concern for people's lives in the partial communities of family, friends, or others. Ironically, it is also incompatible with the communitarian thesis about the situated nature of moral agency. Political community is preeminent in communitarianism because of its unargued-for (...) assumption that a good society is a morally unified society. I further argue that the ability to take the impartial standpoint is essential to the ability to make particular commitments that have an intrinsic human importance. (shrink)

Normative discourse on genocide frequently refers to group injuries, but this can be problematic for those for whom normative justification ought, in principle, to be reducible to individual terms. Such ethical individualists may hold that an ultimately individualizable description of injury is always theoretically superior (in lacking either superfluous or ontologically suspect entities). Accepting the strictures of individualistic justification, this paper presumes that attributing injury to group subjects will be unsatisfying if this attribution does not include a normatively significant group (...) character. Taking up these challenges, this essay analyzes the conceptual possibility of normatively significant group injury, describing its necessary and sufficient conditions. (shrink)

I argue that individuals may be as problematic political agents as groups are. In doing so, I draw on theory from economics, philosophy, and computer science and evidence from psychology, neuroscience, and biology. If successful, this argument undermines agency-based justifications for embracing strong notions of individual rights while rejecting the possibility of similar rights for groups. For concreteness, I critique these mistaken views by rebutting arguments given by Chandran Kukathas in his article `Are There Any Cultural Rights?' that groups lack (...) the temporal coherence, political independence, and indivisibility of individuals. I also show how formal critiques of group agency from social science (in particular, Arrow's Impossibility Theorem) can be applied as reasonably to individuals as groups. Because these symmetries between groups and individuals undermine common implicit assumptions in political philosophy, I argue that they may have broader implications for liberal political theory, as they emphasize the importance of intrapersonal justice. (shrink)

In this essay, the author focuses on an underlying theoretical issue which she believes seriously affects our collective response to the idea of group rights in the genetic-control context. That issue is to what extent are our responses to claims of group rights hampered by our bringing to the table a model which is structured to acknowledge only individual concerns? Put another way, to what extent are our objections to group rights in this context a product of our inability to (...) imagine the idea of group rights, rather than the product of truly substantive concerns? (shrink)

During the past 20 years, the importance of human genetic information has exploded. Whether sought for medical treatment, disease prediction studies, cultural studies, or the general study of human origins, human genetic information is now viewed as crucial for scientific research and general attempts at human understanding.With the importance of genetic information have come bitter battles over its control. The demonstrated power of human genetic information has moved the issue of its “ownership” from the realm of musty academic musings to (...) protracted political and legal battles among “source” individuals, researchers, commercial concerns, government agencies, and others. Whether collected through targeted scientific studies, “discarded” biological tissue, initial charitable bequest, or other means, genetic information and the biological materials in which it is contained have become the subject of protracted legal battles for control and intense social and ethical controversy. (shrink)

Confucian scholars express skepticism about rights. This skepticism is relevant to managers who face issues about the recognition of workplace rights in a Confucian culture. My essay examines the foundations of this skepticism, and the cogency of potential leading Western liberal responses to it. I conclude that Confucian skepticism is more formidable than liberals have recognized. I attempt to craft an argument that defuses Confucian skepticism about workplace rights while at the same time respecting the moral depth of Confucianism.

The Western liberal view of human rights has been imposed by the West on the rest of the world as universal values applicable to all cultures and traditions. This paper argues that the Chinese Marxist approach provides an alternative conceptualization of human rights, which entails anti-hegemonic sovereignty, and prioritization of social and economic rights over others. It begins with distinction between false universal and genuine universal to illustrate that the West-promoted universal is false rather than genuine. Western liberal view of (...) human rights is critiqued, followed by different perspectives on sovereignty and human rights. Anti-hegemonic sovereignty, this paper maintains, is a prerequisite for human rights improvements. The right to socio-economic well-being is a top priority for the Chinese government, as Chinese cultural traditions, Confucianism for example, value social and economic rights. The West-touted human rights discourse is intended to retain Western hegemony and seek global dominance. The Communist Party of China (CPC) has strived for human rights on behalf of the Chinese people through such projects as reform and opening-up, poverty alleviation, common prosperity, and Belt and Road Initiative, among other programs. This paper concludes that the Chinese Marxist approach goes beyond the debates over cultural relativism and Western-style “universalism”, and provides an alternative that features genuine universality and privileges the right to socio-economic well-being. (shrink)

Allen Buchanan holds that nations do not have a general primary unilateral right to secede. However, nations could legitimately secede if there were a special right to do so, if it were the result of negotiations and, more importantly, if some previous injustice had to be repaired. According to Buchanan, the three kinds of injustice that allow for unilateral secession are: violation of human rights, unjust annexation of territories, and systematic violations of previous agreements on self-government. I agree that nations (...) only have a general remedial right to unilateral secession. But I argue that nations also have a general primary right to self-determination not held by other cultural groups. In virtue of this general primary right, nations also have a primary right to internal self-determination. I will then argue that the "past injustices" should include a failure to comply with internal self-determination. I also want to show that this alternative version of the Remedial Right Only theory meets the constraints, imposed by Buchanan himself, upon any satisfactory institutionalization of the principles governing secession. In the end, it will appear that my own version fares much better than Buchanan's in meeting these constraints. (shrink)

The paper is an attempt to revisit Rawls’ idea of a self, which elicits the concept of justice in the liberal tradition. Justice, as understood in the social and political context, is the basic feature of a well-ordered and rationally developed society and it is considered to be a virtue of the social institution. The liberal theory believes in the basic principle that right is prior to the good, and what is most fundamental to our personhood are not the ends (...) we choose but our capacity to choose them. Hence, in Rawls’ account of the self, absoluteness of the metaphysical priority has an edge over the absoluteness of the moral priority. The idea of an unencumbered self, in the social and historical sense, is at the core of the Kantian-Rawlsian theory of justice, which is under attack by the communitarians. Communitarians like Sandel, however, questions Rawls’ claim for the priority of right over good and maintains that liberals fail to recognize the self is ‘embedded,’ in and partly constituted by communal commitments and values which are objects of choice. In this paper, I examine communitarian critiques of Rawls’ liberal self. Further, I also refer to Rawls’ turn to the ‘political,’ which works as a ‘module’ that fits into and can be supported by a variety of reasonable comprehensive doctrines. (shrink)

Although I do not find any of Sterba's responses to my recent criticisms of his work How to Make People Just convincing, I shall not attempt to answer them point by point since this would be a boring, scholastic exercise at best.1 Rather, I shall expand upon what I believe continue to be the three major problems with Sterba's theory and explain why his recent responses to my criticisms along these lines are not adequate.

In this paper I criticise an influential version of associative theory of political obligation and I offer a reformulation of the theory in ‘quasi-voluntarist’ terms. I argue that although unable by itself to solve the problem of political obligation, my quasi-voluntarist associative model can play an important role in solving this problem. Moreover, the model teaches us an important methodological lesson about the way in which we should think about the question of political obligation. Finally, I suggest that the quasi-voluntarist (...) associative model is particularly attractive because it manages to combine the main thrust of the traditional associative view with the most attractive feature of transactional theories, while avoiding at the same time the main problems that afflict each of these two approaches. (shrink)

Does the cultivation of liberty undermine communities of practice? The answer depends significantly on what is meant by the cultivation of liberty and on what is meant by a community of practice. On the question of community, the work of Rawls and Sandel serves as a starting point. I examine three conceptions — the instrumental, the sentimental and the constitutive — and attempt to illustrate them with examples of communities of practice. I argue that Sandel's criterion for distinguishing between the (...) sentimental and constitutive conceptions of community does not do the work required of it.On the question of liberty undermining community, I argue that if liberty is taken as license then it is a threat both to communities and to practices, whereas if it is taken as independence then it threatens neither. Two conceptions of independence can be distinguished. One, which is central to liberal political theory, does not presuppose an account of the good; the other, which I argue is central to the flourishing of a community of practice, does. It presupposes that account of the good which is implicit in the end or telos of the practice concerned. (shrink)

Tekst je prosireno obrazlozenje predlozene teme projekta koja se bavi mogucnoscu prihvatanja i stabilizacije liberalnih obrazaca distribucije u drustvima u tranziciji. Srbija je u ovom pogledu iz niza razloga poseban slucaj. Liberalizacija ovih drustava je uvek neizvestan proces jer zavisi od dve vazne pretpostavke. Prva je olicena u paradoksu ovakvog vida tranzicije koji se sastoji u postojanju ili nepostojanju politickih poticaja da se neke sfere zivota osamostale od procesa politickog odlucivanja. Druga je da liberalizacija moze biti samo destruktivna. Naime, minimalni (...) ucinci liberalizacije, uspostavljanje obrazaca odgovornosti i javne sfere, mogu u svom krajnjem ishodu imati neliberalne ucinke. No, pored svega, stabilnost liberalnih poredaka pociva upravo na otvorenoj mogucnosti stalnog preispitivanja i korigovanja obrazaca raspodele koji su ugradjeni u institucionalne mehanizme ovih drustava. (shrink)

Tekst je prosireno obrazlozenje predlozene teme projekta koja se bavi mogucnoscu prihvatanja i stabilizacije liberalnih obrazaca distribucije u drustvima u tranziciji. Srbija je u ovom pogledu iz niza razloga poseban slucaj. Liberalizacija ovih drustava je uvek neizvestan proces jer zavisi od dve vazne pretpostavke. Prva je olicena u paradoksu ovakvog vida tranzicije koji se sastoji u postojanju ili nepostojanju politickih poticaja da se neke sfere zivota osamostale od procesa politickog odlucivanja. Druga je da liberalizacija moze biti samo destruktivna. Naime, minimalni (...) ucinci liberalizacije, uspostavljanje obrazaca odgovornosti i javne sfere, mogu u svom krajnjem ishodu imati neliberalne ucinke. No, pored svega, stabilnost liberalnih poredaka pociva upravo na otvorenoj mogucnosti stalnog preispitivanja i korigovanja obrazaca raspodele koji su ugradjeni u institucionalne mehanizme ovih drustava. (shrink)

Some theorists, worried about liberalism’s potential as a foundation for public health ethics, suggest that republicanism provides a better background of justification for public health policies, interventions, etc. In this article, this suggestion is put to the test, and it is argued that (i) contemporary (civic) republicanism and liberalism are not nearly as opposed as it is sometimes suggested, and that (ii) the kind of republicanism which one leading scholar in the field, Bruce Jennings, as an alternative to liberalism, does (...) not reflect the contemporary understanding of republicanism as held by, e.g. Phillip Pettit et al. (shrink)

In September 1994, theNew York Timescarried a front page article declaring healthcare reform dead in Congress. The obituary on healthcare followed a Congressional decision not to pursue the issue further in 1994. Although Congress and the President will likely revisit healthcare reform during 1995, the choices may be between various incremental steps, rather than substantive changes to bring about universal coverage.

Over the past decade or so the term ‘communitarianism’ has been applied to a wide range of positions with great variation between them. This is not in itself an objection to its continued use, for a concept may be coherent and illuminating even though it shelters considerable diversity. What is troubling about the body of literature now labelled as communitarian is that it frequently appeals to images of community without giving the notion the analytical attention it deserves and that we (...) have come to expect in relation to other central political concepts such as ‘liberty’ and ‘justice.’ What I propose to do in this paper is to focus on a particular understanding of community which I think has been neglected in recent discussions, largely because it has not been sufficiently distinguished from others, and then to raise a question in the light of it which has been at the forefront of the debate: viz., can liberalism in its currently dominant form truly respect the value and importance of community? Several writers have responded to the critiques of liberalism develoged in the work of those such as Michael Sandel and Alasdair Macintyre by arguing that the basic framework of liberal thought is fully compatible with a due appreciation of community. Joel Feinberg, for example, attempts to show that ‘one can preserve one’s allegiance to personal autonomy in the way that liberalism requires while fully acknowledging the central and indispensable importance of community in human lives.’ I shall register some doubts about whether liberalism can show proper respect for community when ‘community’ is understood in the way I describe. (shrink)

One source of controversy surrounding John Rawls's later work — a source of both criticism and praise — has been the impression that he abandoned the philosophical project of figuring out what is truly just, in favour of the political project of working out a feasible consensus for people from a particular political tradition. One aspect of this controversy is the question of whether Rawls could advance his theory as being worthy of endorsement on the basis of good reasons without (...) also claiming it to be true. In preferring to claim reasonableness rather than truth, Rawls's main concern seems to have been to distinguish the ‘whole truth’ as represented by a particular comprehensive religious or philosophical doctrine, from the truth about politics given that reasonable people will inevitably disagree about the whole truth. (shrink)

Under what conditions, if any, do those the law addresses have a moral duty or obligation to obey it simply because it is the law? In this essay, I identify five general approaches to carrying out this task, and offer a somewhat detailed discussion of one or two examples of each approach. The approaches studied are: relational‐role approaches that appeal to the fact that an agent occupies the role of member in the political community; attempts to ground the duty to (...) obey the law in individual consent or fair play; natural duty approaches; instrumental approaches; and philosophical anarchism, an approach that denies that most subjects of contemporary states have a duty to obey the law simply in virtue of its status as such. (shrink)

This paper examines the political philosophy of Liberalism with particular focus on the principles of liberal neutrality and value pluralism. These principles, which are advocated by the most prominent contemporary liberal theorists mark a significant departure from classical liberalism and its monistic approach to seeking truth and the good. I argue that the shift to neutrality and pluralism have done a disservice to liberalism and that the cultivation of discrimination skills is needed to deal with the complex tasks of making (...) decisions intelligently and effectively. (shrink)

MacIntyre characterises liberal societies as suffering distinctive, structural forms of malaise: they are a ‘disaster’, a ‘moral calamity’, sites of ‘barbarism and darkness’. I argue that, whilst we well understand why MacIntyre thinks liberalism is false, it is unclear why this falsity should imply such moral catastrophe. I begin by motivating the question and distinguishing it from the classic liberal-communitarian debates (§§1-2). In particular, I highlight liberalism’s ability to offer ‘workarounds’, accommodating at least some of MacIntyre’s commitments and so forestalling (...) the prospect of moral disaster. I then introduce two arguments which supply the missing premises, in each case juxtaposing MacIntyre with other critics of liberalism. First, I argue that liberalism’s conception of the private sphere systematically marginalizes MacIntyre’s vision of pedagogy (§3). I compare the argument and the attendant conception of privacy with Adorno’s (§4). In §5, I introduce the second premise: I argue that liberalism espouses a conception of maturity that actively undermines MacIntyre’s model of development, subverting liberal ‘workarounds’. I contrast this claim with recent attacks on liberalism by Deneen. I close with some methodological implications: MacIntyre’s case against liberalism should be seen as a form of external, not immanent, critique. (shrink)

This paper examines two models of thinking relating to the issue of the right to die in dignity: one takes into consideration the rights and interests of the individual; the other supposes that human life is inherently valuable. I contend that preference should be given to the first model, and further assert that the second model may be justified in moral terms only as long as it does not resort to paternalism. The view that holds that certain patients are not (...) able to comprehend their own interests in a fully rational manner, and therefore ‘we’ know what is good for these patients better than ‘they’ do, is morally unjustifiable. I proceed by refuting the ‘quality of life’ argument, asserting that each person is entitled to decide for herself when it is worth living and when it is not. In this connection, a caveat will be made regarding the role of the family. (shrink)

This paper examines two models of thinking relating to the issue of the right to die in dignity: one takes into consideration the rights and interests of the individual; the other supposes that human life is inherently valuable. I contend that preference should be given to the first model, and further assert that the second model may be justified in moral terms only as long as it does not resort to paternalism. The view that holds that certain patients are not (...) able to comprehend their own interests in a fully rational manner, and therefore ‘we’ know what is good for these patients better than ‘they’ do, is morally unjustifiable. I proceed by refuting the ‘quality of life’ argument, asserting that each person is entitled to decide for herself when it is worth living and when it is not. In this connection, a caveat will be made regarding the role of the family. (shrink)

There are many East and West debates on human rights. One of them is whether all civil and political rights are human rights. On one hand, scholars generally agree that rights to physical security are human rights. On the other hand, some scholars argue that rights to political liberty are only Western rights but not human rights because political liberty conflicts with some East Asian cultural factors, especially the Confucian tradition. I argue that physical security also conflicts with some parts (...) of the Confucian tradition, but rights to physical security are still human rights because physical security is a minimal value. I then argue that political liberty, similar to physical security, is also a minimal value. Therefore, similar to rights to physical security, rights to political liberty are also human rights, even though political liberty also conflicts with some parts of the Confucian tradition. (shrink)

Medical practitioners have traditionally seen themselves as part of an international community with shared and unifying scientific and ethical goals in the treatment of disease, the promotion of health, and the protection of life. This shared mission is underpinned by explicit acceptance of traditional concepts of medical morality, and by an implied link between individual human rights and the ethics of medical practice long enshrined in a range of World Medical Association (WMA) and other medical codes. These have been powerful (...) instruments exhorting individual practitioners to promote health and to defend universal principles in order to protect their patients and the physician-patient relationship even in the face of authoritarian state coercion and imposed national ideologies and policies. There has been widespread support for this approach and this should be intensified. (shrink)

My main aim here is to examine what the significance is of the communitarian critique of liberalism for Hermann Cohen's political philosophy. I will conclude that Cohen's socialist Kantianism can successfully meet this critique. Also, I will argue that his political philosophy can better deal with some of the problems that communitarians detect in our Western democracies than can communitarianism itself. One crucial reason for this is that Cohen completes the original Kantian liberal project by making all agents fully autonomous (...) in the economic sphere. (shrink)

Thesis (Ph. D.)--University of Hawaii at Manoa, 1991.

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)

Communitarians and liberals have long held vigorous discussions about the status of the self. The former argue that we do not actively choose our ends, but that they come to the fore through self-discovery. This implies that the self is encumbered and that the liberal self—one capable of choosing his ends—is unrealistic. In this article, we consider these two paradigms and especially Will Kymlicka’s position within this debate. Kymlicka defends a liberal theory without relying on an unencumbered self, and may (...) therefore have rescued liberalism from communitarian attacks. In the first part of our article, we argue that Kymlicka’s theory can only be sustained if it involves an unencumbered self that is prior to its ends. Ultimately, this means that the communitarian critique on liberalism can no longer be refuted. In order to support our argument, we introduce a distinction between the metaphysical depiction of the self as an unencumbered chooser and the psychological depiction of the self, which draws upon people’s understanding of themselves as being constitutively bound to certain ends. In the second part of our article, we invoke Jacques Lacan’s psychoanalytical theory in order to assert that neither communitarians nor liberals are entirely able to explain what is at stake when individuals describe being bound to ‘extimate ends’—ends they feel they did not choose, yet cannot relinquish. Although both philosophical paradigms cannot fully account for the ‘extimate subject’, in the policies they respectively defend, liberalism is the one that should be preferred. (shrink)