This paper focuses on evaluating Odera Oruka’s role as an expert witness in customary law for the Luo community during the Nairobi, Kenya-based trial in 1987 to decide on the place of the burial of S.M. Otieno. During that trial, an understanding of Luo burial and widow guardianship (ter) practices was essential. Odera Oruka described the practices carefully and defended them against misunderstanding and stereotype. He revisited related topics in several delivered papers, published articles, and even interviews and columns in (...) the Kenyan newspapers. The paper will raise the questions: How does Odera Oruka’s role as expert on Luo customs fit in with his sage philosophy project? In his testimony at the trial and subsequent public addresses and published work, does he accomplish two important goals, the first being defending African traditions against prejudice and anti-African bias, and secondly, does he champion reform of traditions when reform is needed? And, can Odera Oruka’s participation in the famous trial avoid seeming ethnic chauvinism and marginalization of women? My conclusion is that he achieves the first goal, but some problems remain in the achievement of the other goals. While he often asserted the need to evaluate traditions and to jettison those that have become unhelpful, in this context he evaluated traditions so strongly that the need for evaluation and possible change was muted. (shrink)

After a regime-changing war, a state often engages in lustration—condemnation and punishment of dangerous, corrupt, or culpable remnants of the previous system—e.g., de-Nazification or the more recent de-Ba’athification in Iraq. This common practice poses an important moral dilemma for liberals because even thoughtful and nuanced lustration involves condemning groups of people, instead of treating each case individually. It also raises important questions about collective agency, group treatment, and rectifying historical injustices. Liberals often oppose lustration because it denies moral individualism and (...) ignores rule of law, and their only justifications for lustration are consequentialist ones. This article suggests that lustration may not necessarily be a problem for liberals. While group treatment might be justified on grounds of convenience and pragmatism in times of transitional justice, there are also valid moral arguments consistent with moral individualism and due process for wholesale group punishment after a war. This article offers four overlapping moral justifications, in a robust defense of the core concept of lustration that is covered by each argument. (shrink)

The new coronavirus pandemic, COVID-19, has resurrected a number of historical and sociological problems associated with naming and blaming collectives for the origin or transmission of infectious disease. The default example of the false accusation in 2020 has been the case of the charge of well poisoning against the Jews of Western Europe causing the pandemic of the Black Death during the fourteenth century. Equally apparent is the wide-spread accusation that Asians are collectively responsible for the spread of the present (...) pandemic. Yet querying group actions in times of pandemics is not solely one of rebutting false attributions. What happens when a collective is at fault, and how does the collective respond to the simultaneous burden of both false, stereotypical accusations and appropriate charges of culpability? The case studies here are of Ultra-Orthodox Jewish (Haredi) communities and the PRC during the 2020 outbreak of COVID-19. (shrink)

As the product of liberalism's first encounter with the theoretical problems posed by legal discrimination and unequal treatment of minority groups, Locke's argument for religious toleration foreshadowed contemporary democratic theory's emphasis on non-coercive discussion of diverse rights claims and broadly inclusive public deliberations. This study tries to illuminate the democratic dimension of Locke's toleration theory by focusing on his crucial account of the church as a voluntary association. Here Locke presented discursive possibilities for the articulation of diverse beliefs and interests (...) that he believed would not only benefit both society as a whole and the minority religious groups contained in it, but also weave principles of contestation and deliberation into the very fabric of the liberal polity. (shrink)

ABSTRACTLe Nouveau Cynée has been neglected and little cited by Anglo-American historians of political thought, and its author, Emeric Crucé, considered a secondary figure and nearly forgotten. Why is he largely ignored if his book offers the broadest notion of toleration of its time, along with new and original proposals to make peace and organize the world without distinction as to religion and race? Indeed, his peace plan compared with Sully’s, Saint-Pierre’s or Leibniz’s was the only one not addressed exclusively (...) to Christians, but which incorporated all kinds of people, no matter what their religion was. And he did so at a time when the Turks were considered by Christian kings to be their natural enemies, since their threat to Christianity was constant. Besides, his concept of toleration goes beyond that of the so-called champions of toleration of the seventeenth and eighteenth centuries such as Locke, Pierre Bayle, Voltaire, Rousseau or Kant. Thus, he can be regarded, along with Spinoza, as one of the most tolerant authors prior to Enlightenment. (shrink)

Contrary to the prevailing scholarly view, this article claims that the example of the first modern author to extensively discuss the art of exoteric-esoteric writing provides decisive evidence that writing on more than one layer was not a device all modern authors had recourse to solely in order to avoid political, social, or religious persecution. By means of an analysis of the genealogy of the thought of this author, John Toland, the article shows that an ulterior reason for practicing the (...) art of careful writing may be found in an attempt to avoid both classical superstition and public atheism. And by way of a discussion of the key concept Toland employed in order to make such an attempt successful, the concept of ‘pantheism,’ the article concludes that the relationship between faith and reason in modern times is not as straightforward and uncomplicated as it usually appears. (shrink)

Public reason accounts commonly claim that exercises of coercive political power must be justified by appeal to reasons accessible to all citizens. Such accounts are vulnerable to the objection that they cannot legitimate coercion to protect basic liberal rights against infringement by deeply illiberal people. This paper first elaborates the distinctive interpersonal conception of justification in public reason accounts in contrast to impersonal forms of justification. I then detail a core dissenter-based objection to public reason based on a worrisome example (...) advanced by Jonathan Quong. While we may be able to impersonally justify coercing the illiberal dissenter, public reason liberals must explain how we can interpersonally justify such coercion—meaning justify given the perspective of the dissenter. The two prominent strategies for dealing with dissenters involve idealization of reasoning and requiring liberal values; I show that these strategies do not succeed in a way compatible with the public reason project. That is, the prominent strategies leave public reason theorists with a dilemma between denying the legitimacy of using coercion to protect core freedoms against deeply illiberal people or abandoning the fundamental public reason project. I conclude by proposing a different answer to public reason liberalism’s fundamental question: what requires justification? On my account, it is not that coercion requires interpersonal justification for its permissibility, but that such justification is necessary as a constitutive element of a kind of moral community. (shrink)

Locke, además de justificar un derecho natural a la propiedad privada, también sostiene que todos los hombres tienen un derecho natural a la caridad. En el presente trabajo me propongo defender la hipótesis de que el derecho a la caridad postulado por Locke se explica por la presencia en su teoría de la propiedad de elementos procedentes de la teología cristiana. Cumpliría la función de garantizar que, en el contexto de una economía monetizada donde los individuos son, además, desigualmente industriosos, (...) se cumpla el designio divino de que todos los hombres dispongan de medios para preservarse. (shrink)

In light of technology that may reveal the content of a person’s innermost thoughts, I address the question of whether there is a right to ‘brain privacy’—a right not to have one’s inner thoughts revealed to others–even if exposing these thoughts might be beneficial to society. I draw on a conception of privacy as the ability to control who has access to information about oneself and to an account that connects one’s interest in privacy to one’s interests in autonomy and (...) associated reputational interests, and preserving one’s dignity. Focusing on the controversial case of Gilberto Valle, known as the ‘cannibal cop’, who faced legal punishment and moral reproach for deeply disturbing thoughts of doing violence to women, thoughts he claimed were mere fantasies, I argue that Valle has a right to brain privacy if he has a legitimate privacy interest that is not outweighed by competing societal interests in avoiding harm. Our weighing of competing privacy and societal interests will depend on the magnitude of the privacy interests in autonomy and dignity, and on how reliable the technology used to expose inner thoughts is in predicting future harmful behavior and identifying true threats. (shrink)

With the publication of A Theory of Justice in 1971, John Rawls not only rejuvenated contemporary political philosophy but also defended a Kantian form of Enlightenment liberalism called “justice as fairness.” Enlightenment liberalism stresses the development and exercise of our capacity for autonomy, while Reformation liberalism emphasizes diversity and the toleration that encourages it. These two strands of liberalism are often mutually supporting, but they conflict in a surprising number of cases, whether over the accommodation of group difference, the design (...) of civic education, or the promotion of liberal values internationally. During the 1980’s, however, Rawls began to jettison key Kantian characteristics of his theory, a process culminating in the 1993 release of Political Liberalism and completing the transformation of justice as fairness into a Reformation liberalism. -/- Reconstructing Rawls argues that this transformation was a tragic mistake because it jeopardized the most important features of his theory, viz. the lexical priorities of right, liberty, and fair equality of opportunity as well as the difference principle. Controversially, this book contends that Rawls’s so-called “political turn,” motivated by a newfound interest in diversity and the accommodation of difference, has been unhealthy for autonomy-based liberalism and has pushed liberalism more broadly towards cultural relativism, be it in the guise of liberal multiculturalism or critiques of cosmopolitan distributive-justice theories. The book then demonstrates that the central elements of justice as fairness can only be defended within the context of a Kantian Enlightenment liberalism and that Rawls’s hope for a more pluralistic grounding for his theory, endorsed by a wide variety of belief systems present in modern democratic societies, is illusory. -/- Reconstructing Rawls is the first book to systematically compare Rawls’s and Kant’s theories and the first to offer an internal critique and reconstruction of justice as fairness, reconceiving it as a comprehensive, universalistic Kantian liberalism. By doing so, it gives us both the vision of a liberal world order—“a republicanism of all states, together and separately,” as Kant put it—and a mode of justification addressed to all men and women, not as members of particular nations, races, and faiths, but as human beings, as citizens of the world. In short, it reclaims Rawls for the Enlightenment. (shrink)

This article challenges the claim that John Locke’s arguments for toleration are fundamentally at odds with any we might now associate with the liberal tradition. By showing how this perspective fundamentally misreads Locke on toleration, it seeks to defend Locke’s own status as one of the founding fathers of the liberal tradition.

A “recent consensus” has emerged in Locke studies that has sought to place theology at the center of Locke's political philosophy, insisting that the validity and cogency of Locke's political conclusions cannot be substantiated independently of the theology that resides at their foundation. This paper argues for the need to distance Locke from God, claiming that not only can we “bracket” the normative conclusions of Locke's political philosophy from their theological foundations, but that this was in fact Locke's own intention, (...) intent as he was to justify these conclusions to a diverse political audience often divided by faith. In other words, this “recent consensus” in Locke studies is premised on an erroneous understanding of Locke's political philosophy, even as advanced by Locke himself. Locke's own philosophical discourse bears witness to the very “bracketing” of his political conclusions from their theological foundations that these Locke scholars claim is impossible. (shrink)

The political philosopher John Gray is a foremost critic of the liberal tradition. But while many have engaged with Gray concerning aspects of this tradition, few have challenged Gray’s conception of the tradition as a whole. Yet it is precisely this broader, background element in Gray’s account that is most problematic and that requires excavation if we are to reveal the deeper shortcomings of his critique as a whole. This article challenges Gray’s claim, made in 2000, that the liberal tradition (...) is capable of being understood in terms of two faces — one representing the ‘universalist’ aspects of that tradition and the other representing the more pragmatic, value-pluralist, modus vivendi aspects. By focusing on Gray’s erroneous interpretation of the key universalist figure of John Locke, we see how his dichotomous account of the liberal tradition collapses at both ends. The article then looks at Gray’s most recent defence of his critique of liberalism, in 2007, and shows how many of the errors that characterize his 2000 account are compounded in 2007 as Gray seeks to build on his earlier position in contradictory directions. In all these ways therefore, this article seeks to defend the integrity of the liberal tradition by showing how Gray’s excoriating critique falls short. (shrink)

In Two Faces of Liberalism, John Gray pursues the dual agenda of condemning familiar liberal theories for perpetuating the failed “Enlightenment project,” and promoting his own version of anti‐Enlightenment liberalism, which he calls “modus vivendi.” However, Gray's critical apparatus is insufficient to capture accurately the highly influential “political” liberalism of John Rawls. Moreover, Gray's modus vivendi faces serious challenges raised by Rawls concerning stability. In order to respond to the Rawlsian objections, Gray would have to reinstate the aspirations and principles (...) characteristic of Enlightenment theories of liberalism. (shrink)

A liberalism of conscience incorporates both persuasion and reasoning to achieve its ends, but it does not entail guilt or bad conscience about the need to rule. Neither does the approach involve efforts to convert dissenters to some specific conception of the good. My view differs significantly from the views of John Rawls and John Locke: a liberalism of conscience is based in principles that people should accept, and which provide a firmer ground for rightful toleration. The theory is critical (...) for rethinking the nature of value-pluralism, and it is capable of uniting religious and secular parties in an affirmation of fundamental political principles. (shrink)

ABSTRACT Liberal theory has failed to provide theocrats who are aggrieved by the sinful practices widespread in liberal societies good reasons to tolerate these sins. Moreover, liberal theory has faltered in identifying grounds on which to impose regulations that violate theocrats? religious doctrines. These challenges must be met if liberalism is to temper religious discord and to maintain its own relevance in a world replete with theocratic conceptions of the good.

The recent global movement for women's human rights has achieved considerable re-thinking of human rights as previously understood. Since many of women's rights violations occur in the private sphere of family life, and are justified by appeals to cultural or religious norms, both families and cultures (including their religious aspects) have come under critical scrutiny.

This paper discusses the role of religious speech in the public square and the common school. It argues for more openness to political theology than many liberals are willing to grant and for an educational strategy of engagement over one of avoidance. The paper argues that the exclusion of religious debate from the public square has dysfunctional consequences. It discusses Rawls’s more recent views on public reason and claims that, while they are not altogether adequate, they are consistent with engagement. (...) The outcome of these arguments is applied to three ‘hot button’ issues in US education: creationism, an issue of gay rights, and teaching the Bible in schools. (shrink)

Multicultural societies are far more likely than others to include minorities committed to the pursuit of practices that offend the majority, and treating the cultural commitments of all citizens fairly will require some set of guiding principles to distinguish tolerable ‘cultural controversies’ from intolerable ones. This paper does not directly address the moral question at stake here (i.e. demarcating the limits of toleration) but rather seeks to provide a politically justifiable normative argument to explain when tolerant restraint is necessary, permissible (...) or prohibited. This argument emerges from a concern to treat the cultural commitments of all citizens fairly. In turn, the argument indicates a potential reconciliation of the ‘politics of toleration’ with the ‘politics of respect’. (shrink)

The eighteenth‐century controversy among Moses Mendelssohn, Friedrich Heinrich Jacobi, and Immanuel Kant undermines the tendency to equate liberalism with the Enlightenment. While the defender of the Enlightenment, Mendelssohn, championed defended such traditional liberal values as religious toleration, his arguments were often illiberal. In contrast, many of the views of his anti‐ Establishment opponent, Jacobi, are remarkably liberal. Kant's essays from the mid‐i78os advanced a liberal conception of politics but a view of Enlightenment that was quite distant from those of both (...) Mendelssohn and Jacobi. (shrink)

To end Europe's great cycle of religious wars, some early modern states imposed a secular ‘rule of law’ in spheres of life previously governed by religion. The following essay compares two instances of this basic fact of seventeenth-century European political history, one German and the other English. In these different religious and political settings, different juridifications were undertaken that do not reduce to manifestations of a single underlying process of social change. Considered in a legal-historical light, early modern juridifications therefore (...) invite a clear disciplinary alternative to the socio-theoretical and socio-critical perspective on juridification associated with Jürgen Habermas. The larger challenge on behalf of legal history is to end the subordination of historical method to critical social theory. (shrink)

ABSTRACT Locke’s Letter on Tolerance has been a controversial issue since the seventeenth century: its defense of tolerance compromises restricting atheists and Catholics, which would attain religious freedom, one of the highest values of liberal theory. Taking this issue as its central, the purpose of this article is to think about this tension in Locke’s political thinking. In order to collaborate with this debate, the text is divided in two parts: in the first one, the various meanings of what Locke (...) understands by atheist will be presented in his different political texts; in the second, we will analyze the importance of religion in Lockean political thought. (shrink)

To inform the ongoing discussion of whether claims of conscientious objection allow medical professionals to refuse to perform tasks that would otherwise be their duty, this paper begins with a review of the philosophical literature that describes conscience as either a moral sense or the dictate of reason. Even though authors have starkly different views on what conscience is, advocates of both approaches agree that conscience should be obeyed and that keeping promises is a conscience-given moral imperative. The paper then (...) considers exemplars of conscientious objection—Henry David Thoreau, Mohandas Gandhi, and Martin Luther King Jr.—to identify the critical feature of conscientious objection as willingness to bear the burdens of one’s convictions. It concludes by showing that medical professionals who put their own interests before their patients’ welfare violate their previous commitments and misappropriate the title “conscientious objector” because they are unwilling to bear the burdens of their choices and instead impose burdens on their patients and colleagues. (shrink)

This article began as a paper read at the ‘Embedded Memory and the Theological Contours of Division’ seminar held at Trinity College, Dublin in December 2011. I should like to thank Professor Linda Hogan of the Irish School of Ecumenics at Trinity for the opportunity of rehearsing these ideas in that forum.

Pediatricians provided expert testimony that, in the case of Baby K, provision of ventilator support goes beyond accepted standards of care for anencephalic infants and so is medically futile. This argument, however reasonable, does not persuade those who believe in the absolute value of even a fraction of human life. In Baby K, court records indicate that Ms. H, Baby K's mother, persistently adheres to the sanctity-of-life principle on religious grounds.While I think that quality-of-life considerations have a role in medical (...) decision making, those who reject such considerations must be respected. This article makes the following claims, on behalf of religious dissenters: the Baby K case should be interpreted in light of the freedom of religion guaranteed in the First Amendment ; religious beliefs should not be trivialized in clinical ethics, even if reason, not belief, is the language of the public forum; the time-honored free exercise clause is essential to the American experiment in liberty and should not be overridden in the name of a concept as vague as futility; and free exercise of religion deserves serious discussion in the futility debate, and significant religious accommodation must be included in any hospital or societal futility policies. In the concluding section, issues are raised regarding the balance between religious consideration and resource allocation. (shrink)

Pediatricians provided expert testimony that, in the case of Baby K, provision of ventilator support goes beyond accepted standards of care for anencephalic infants and so is medically futile. This argument, however reasonable, does not persuade those who believe in the absolute value of even a fraction of human life. In Baby K, court records indicate that Ms. H, Baby K's mother, persistently adheres to the sanctity-of-life principle on religious grounds.While I think that quality-of-life considerations have a role in medical (...) decision making, those who reject such considerations must be respected. This article makes the following claims, on behalf of religious dissenters: the Baby K case should be interpreted in light of the freedom of religion guaranteed in the First Amendment ; religious beliefs should not be trivialized in clinical ethics, even if reason, not belief, is the language of the public forum; the time-honored free exercise clause is essential to the American experiment in liberty and should not be overridden in the name of a concept as vague as futility; and free exercise of religion deserves serious discussion in the futility debate, and significant religious accommodation must be included in any hospital or societal futility policies. In the concluding section, issues are raised regarding the balance between religious consideration and resource allocation. (shrink)

The philosophical tradition of liberal political thought has come to see tolerance as a crucial element of a liberal political order. However, while much has been made of the value of toleration, little work has been done on individual-level motivations for tolerant behavior. In this article, we seek to develop an account of the rational motivations for toleration and of where the limits of toleration lie. We first present a very simple model of rational motivations for toleration. Key to this (...) model is an application of David Ricardo’s model of trade to thinking about toleration. This model supports the claim that we always have reasons to be as tolerant as possible. We then explore why we do not always see tolerant attitudes in the actual world, and point to some potential preconditions for toleration that the initial model does not capture. Subsequently, we examine a more detailed model that allows us to investigate more carefully the conditions under which tolerant behavior can be rewarded. We conclude by arguing that a consideration of self-interested motivations for toleration is essential to the success of a robust theory of toleration for a diverse society, but that even this approach has its limitations. (shrink)

This paper deals with three guiding principles of contemporary Western civilization. It explores the compatibility of Toleration, Pluralism and Truth, as well as their application to diverse domains of cultural activity and creation. There is no place for toleration, let alone pluralism, in the realm of logic and mathematics. Scientific conclusions allow diverse degrees of certainty. The realm of monotheistic religions excludes pluralism, but necessitates toleration. The domains of ethics and its related social institutions allow diversity in secondary matters, but (...) essentially should be guided by universally valid principles. In the case of aesthetics, a diversity of taste suggests a virtually unlimited pluralism. Yet, a universal basic principle of aesthetic evaluation is suggested which would greatly reduce tolerable pluralism, although this assertion is made with less confidence than the insistence on basic norms in ethics. (shrink)

I argue that there is a mutually illuminating parallel between the concept of obedience and the concept of believing a person. Just as both believing what a person says and believing what a person says for the reason that the person says it are insufficient for believing the person, so acting as a person demands and acting as a person demands for the reason that the person demands it are insufficient for obeying the person. Unlike the concept of believing a (...) person, however, the concept of obedience has two distinct senses, one applying to coerced action and one applying to non-coerced action based on authoritative directives. While the former sense of obedience has no theoretical analogue, the latter sense of obedience can be understood as the practical analogue of the theoretical case of believing a person, making room for a deep parallel between believing and acting on authority. (shrink)

The aim of this article is to consider the prospects of a liberal conception of religious freedom in some Muslim-majority states. Part I offers a brief sketch of three approaches to religious freedom that inform my view. Part II then presents a liberal framework for religious toleration that draws ideas from Rainer Forst’s Toleration in Conflict, as well as some perennial themes in classical liberal thought. I briefly examine three case studies in Part III: the Turkish Republic; the Arab Spring (...) states; and the post-Soviet republics of Central Asia. This is followed by a short conclusion. (shrink)

Research Articles Eric Mack, Social Philosophy and Policy, FirstView Article.

This paper offers a programmatic philosophical articulation of moral and political individualism. This individualism consists of two main components: value individualism and rights individualism. The former is the view that, for each individual, the end which is of ultimate value is his own well-being. Each individual's well-being has ultimate agent-relative value and the only ultimate values are these agent-relative values. The latter view is that individuals possess moral jurisdiction over themselves, i.e., rights of self-ownership. These rights (along with other rights (...) individuals may come to possess) constrain the manner in which agents may pursue value. For this reason, the articulated individualism is an constrained individualism. Sketches of arguments are offered for both value and rights individualism. And it is argued that the sole legitimate function of legal/political institutions is to further delineate and protect the rights of individuals. However, the paper is also concerned to indicate why this radical moral and political individualism does not have many of the features or implications that are commonly ascribed to it. In this connection, I seek to show how this social doctrine accords with individuals' having concern for the well-being of others, with the emergence of relationships among individuals that have both instrumental and non-instrumental value, with a degree of responsibility for self and others that is often thought to be antithetical to individualism and, in general, with a flourishing of civil order. (shrink)

The article focuses on examining the distinct nature of persecution. In the article I argue that on the grounds of common historical cases of persecution an account of the core components of the concept may be established. The core comprises three central elements: asymmetrical and systemic threat, severe and sustained harm, and unjust discriminatory targeting. I will conclude the paper by suggesting that none of the components alone make persecution anything distinct. However, the simultaneous occurrence of the components may be (...) argued to amount to a separable class of harms that are among the worst-case scenarios for those having to endure them. (shrink)

While Spinoza’s political philosophy is often described as liberal, it is not always clear what this label means or whether it is warranted. Calling Spinoza ‘liberal’ implies that he belongs to a historical tradition of political philosophers, who formulated and defended claims, which later became identified as central to political liberalism. Consequently, clarifying how Spinoza is a liberal requires specifying precisely which liberal views he articulated and defended. This paper, first, examines the various ways that commentators have interpreted Spinoza as (...) defending liberal commitments. This examination shows that most commentators describe Spinoza as liberal on the grounds that his politics defends the value of individual political freedom, specifically of speech and thought. The paper, second, considers whether he upholds a claim that is important to contemporary liberalism, what is sometimes called the fundamental liberal principle. The paper concludes that Spinoza does not, which suggests that he does not sit as easily in the liberal tradition as some scholars have suggested. (shrink)

Current philosophical and legal bioethical reflection on reprogenetics provides little more than a rationalization of the interests of science. There are two reasons for this. First, bioethicists attempt to address ethical issues in a “language of precision” that characterizes science, and this works against analogical and narratological modes of discourse that have traditionally provided guidance for understanding human nature and purpose. Second, the current ethical and legal debate is framed by a public/private distinction that banishes robust norms to the private (...) realm, and leaves a minimalist public discourse of harm avoidance that is insufficient for regulating the science. In this essay, I argue that Mark Hanson's account of anxiety provides a valuable starting point for addressing deficiencies in the current philosophical and legal debate, and it highlights the need for a theological discourse on genetic enhancements. Through an assessment of Joel Shumann's criticism of the public/private distinction, I show how the needed theological discourse should be situated in the context of robust communities, and how such a communitarian inter-ethic is compatible with a variant of liberalism. Finally, I critically assess James Keenan's account of virtue and perfection, in order to outline what a sufficient discourse on reproductive and genetic enhancements requires. (shrink)

SummaryThe paper examines David Armitage's claim that Locke makes an important contribution to international theory by exploring the place of international relations within the Two Treatises of Government. Armitage's suggestion is that the place of international theory in Locke's canonical works is under-explored. In particular, the paper examines the implication of Locke's account of the executive power of the law of nature which allows third parties to punish breaches of the law of nature wherever they occur. The corollary is a (...) general right of intervention under the law of nature. Such a right could create a chaotic individualistic cosmopolitanism and has led scholars such as John Rawls to claim that Locke has no international theory. In response to this problem the paper explores the way in which Locke's discussion of conquest, revolution and the right of peoples to determine the conditions of good government in chapters xvi to xix of the second Treatise contributes to a view of international relations that embodies a law of peoples. (shrink)

Whereas bioethicists generally consider medicine a practice aimed at the individual good of each patient, in this paper I present an alternative conception of the goods of medicine. I first explain how modern liberal political theory gives rise to the predominant view of the medical good and then contrast this understanding of politics with that of Thomas Aquinas, informed by Aristotle. I then show how this Christian politics is implicit in certain aspects of contemporary medical practice and argue that Christians (...) ought to draw more attention to this point in order to direct medicine toward the common good. (shrink)

Recently, scholars have disputed whether Locke's political theory should be read as the groundwork of secular liberalism or as a Protestant political theology. Focusing on Locke's mature theory of toleration, the article raises a central question: What if these two readings are compatible? That is, what would be the consequences if Locke's political philosophy has theological foundations, but has also given shape to secular liberalism? Examining Locke's theory in the Letter Concerning Toleration , the article argues that this is indeed (...) the case. The liberal model of toleration is a secularization of the theology of Christian liberty and its division of society into a temporal political kingdom and the spiritual kingdom of Christ. Therefore, when liberal toleration travels beyond the boundaries of the Christian West or when western societies become multicultural, it threatens to lose its intelligibility. (shrink)

A philosophical genealogy of the development of liberal 'arts of government' through the work of John Locke and Michel Foucault.

After a brief sketch of the history of philosophical pragmatism generally, and of legal pragmatism specifically (section 1), this paper develops a new, neo-classical legal pragmatism: a theory of law drawing in part on Holmes, but also on ideas from the classical pragmatist tradition in philosophy. Main themes are the "pluralistic universe" of law (section 2); the evolution of legal systems (section 3); the place of logic in the law (section 4); and the relation of law and morality (section 5).

Full-Blooded religion is not acceptable in mainstream bioethics. This article excavates the cultural history that led to the suppression of religion in bioethics. Bioethicists typically fall into one of the following camps. 1) The irreligious, who advocate for suppressing religion, as do Timothy F. Murphy, Sam Harris, and Richard Dawkins. This irreligious camp assumes American Fundamentalist Protestantism is the real substance of all religions. 2) Religious bioethicists, who defend religion by emphasizing its functions and diminishing its metaphysical commitments. Religious defenders (...) empty religion of its theology to present its feel-good functions in a way that is acceptable to the irreligious. However, religion reduced to its functions dissolves into a counter-culture that may counteract materialism but lacks the power to motivate much more. This article criticizes both camps, as both presume Enlightenment myths and consequently neuter religion. Both irreligious and religious bioethicists commonly presume Enlightenment myths about secularity and religion. Secularity is presumed neutral and rational. Religion is presumed divisive and irrational. This myth provides built-in value-judgements; we have already judged secularity as good and religion as bad. Much of the debate over religion in bioethics is arguing over false stereotypes of religion. Consequently, mainstream bioethics neuters religion, while the irreligious are gifted political power to define the field. (shrink)

The article lays down the broad strokes of an interpretive approach to social criticism. In developing this approach, the author stresses the importance of both a pluralistic notion of social justice and a rich ideal of personal growth. While objecting to one-dimensional conceptions of social justice centering on legal equality, the author develops the idea of there being multiple "spheres of justice", including the spheres of "care" and "merit". Each of these spheres, he argues, is subject to historical interpretation. He (...) furthers this view by arguing that the social basis for these different spheres is best understood against the canvas of an ideal of self-fulfillment and individuality. Based on the elaboration of these two sets of premises—a pluralistic conception of social justice and a collective ideal of personal self-fulfillment—the article outlines the basis for and challenges inherent to the practice of interpretive social criticism. (shrink)

Toleration is one of the fundamental principles that inform the design of a democratic and liberal society. Unfortunately, its adoption seems inconsistent with the adoption of paternalistically benevolent policies, which represent a valuable mechanism to improve individuals’ well-being. In this paper, I refer to this tension as the dilemma of toleration. The dilemma is not new. It arises when an agent A would like to be tolerant and respectful towards another agent B’s choices but, at the same time, A is (...) altruistically concerned that a particular course of action would harm, or at least not improve, B’s well-being, so A would also like to be helpful and seeks to ensure that B does not pursue such course of action, for B’s sake and even against B’s consent. In the article, I clarify the specific nature of the dilemma and show that several forms of paternalism, including those based on ethics by design and structural nudging, may not be suitable to resolve it. I then argue that one form of paternalism, based on pro-ethical design, can be compatible with toleration and hence with the respect for B’s choices, by operating only at the informational and not at the structural level of a choice architecture. This provides a successful resolution of the dilemma, showing that tolerant paternalism is not an oxymoron but a viable approach to the design of a democratic and liberal society. (shrink)

One of the pressing challenges we face today—in a post-Westphalian order and post-Bretton Woods world —is how to design the right kind of MAS that can take full advantage of the socio-economic and political progress made so far, while dealing successfully with the new global challenges that are undermining the best legacy of that very progress. This is the topic of the article. In it, I argue that in order to design the right kind of MAS, we need to design (...) the right kind of norms that constitute them; in order to design the right kind of constitutive norms, we need to identify and adopt the right kind of principles of normative design; toleration is one of those principles; unfortunately, its role as a foundation for the design of norms has been undermined by the “paradox of toleration”; however, the paradox can be solved; so toleration can be re-instated as the right kind of foundational principle for the design of the right kind of norms that can constitute the right kind of MAS that can operate across cultures, societies and states, to help us to tackle the new global challenges facing us. (shrink)

The purpose of this response piece is to summarize what is meant by “critical religion” as a contribution to the ongoing debates within the discipline, and specifically in relation to critical research on religion.