T. H. Marshall, a British sociologist, gave a series of lectures in 1949 under the title “Citizenship and Social Class.” To many American intellectuals, his analysis still offers a persuasive account of the origins of the welfare state in the West. But Marshall spoke in the early postwar era, when the case for expanded social benefits seemed unassailable. Today's politics are more conservative. In every Western country the welfare state is under review. Yet Marshall's conception can still help define the (...) issues in social policy and the way forward. (shrink)

Criterion referenced assessment, if high stakes is not compatible with the development of rich knowledge and understanding in schools.

The present article commences analyzing the origins and influences of the religious discourse on the configuration of the modern constitutional discourse and the contributions of the jus-positivism in the consolidation of this sacred-civil language. The second issue is the definition of the U.S. Constitution as a mixed and not as a democratic constitution, with regard to the influences of Plato, Aristotle, Cicero and Polybius to the Drafters of the first modern constitutional text; stability and equilibrium took preference over democracy in (...) a wide sense. I also analyze how the Drafter’s decision has conditioned the modern constitutional system up to the present. (shrink)

Quotas, including youth quotas for representative institutions, are usually evaluated from within the social justice discourse. That discourse relies on several questionable assumptions, seven of which I critically address and radically revise in this contribution from a libertarian perspective. Temporal justice then takes on an entirely different form. It becomes a theory in which responsibilities are clear and cannot be shifted onto the shoulders of the weak and innocent. I shall only briefly sketch some outlines and general implications of such (...) a theory, arguing that it offers too little guidance for our imperfect world. While that implies more tolerance for quotas, I nevertheless propose an alternative more suited to a representative, deliberative democracy: veto rights. (shrink)

For the past two decades, philosophers of religion have paid close attention to the debates on public reason taking place within the context of political philosophy. Some thinkers claim that religious arguments should play a very limited role in political discourse, as this would amount to a politically sanctioned imposition of religious beliefs on people with different religious or non-religious worldviews. Others claim that excluding religious reasons would lead to an unfair exclusion of religious citizens from democratic processes. Underlying these (...) positions is a highly problematic idea of what it means to be a religious citizen. On the one hand, religious citizens are conceptualized as highly self-reflective theologians. Others instead imagine religious citizens to be wholly incapable of such self-reflection and of distinguishing between public and non-public spheres. In my article I attempt to criticize these underlying assumptions and point towards a more nuanced conception of the religious citizen. (shrink)

This article sets out two central theses. Both theses primarily involve a fundamental criticism of current contractarian business ethics(CBE), but if these can be sustained, they also constitute two boundary conditions for any future contractarian theory of business ethics. The first, which I label the self-discipline thesis, claims that current CBE would gain considerably in focus if more attention were paid to the logic of the social contract argument. By this I mean the aims set by the theorist and method (...) of reasoning by which normative conclusions are drawn in the contract model. The second, to which I refer as the domain-specificity thesis, argues that current CBE needs to be better adapted to its field of application and the specific goals which it aims to establish. I will substantiate these two theses on the basis of a comparative analysis of CBE with two earlier families of social contract theories. (shrink)

Why should a lottery be used in the allocation of an indivisible good to which participants in the lottery have an equally strong claim? Stone argues that when indeterminacy arises, in which it is impossible to satisfy the equality condition requiring like cases to be treated alike, the impartiality principle suggests that the agent responsible for the allocation task should not intend to favor one over another on the basis of invalid reasons. In this article, I argue that the impartiality (...) principle is neither sufficient nor necessary to explain the fairness of lotteries. Instead, the fairness of lotteries is explained by the sanitizing effect that lotteries generate to screen out the reactive attitudes of resentment and indignation that claimants might otherwise have if they do not obtain the good in question. (shrink)

Existing accounts of the Rule of Law are inadequate and require fleshing out. The main value of the ideal of rule of law for liberal political theory lies in the notion of predictability, which is essential to individual autonomy. The author examines this connection and argues that conservative theories of rule of law claim too much. Liberal theory equates the rule of law with legality, which is only one of the elements necessary for a just social order.

G.A. Cohen’s book brings together and elaborates on articles that he has written on selfownership, on Marx’s theory of exploitation, and on the future of socialism. Although seven of the eleven chapters have been previously published (1977-1992), this is not merely a collection of articles. There is a superb introduction that gives an overview of how the chapters fit together and of their historical relation to each other. Most chapters have a new introduction and often a postscript or addendum that (...) connect them with other chapters. And the four new chapters (on justice and market transactions, exploitation in Marx, the concept of self-ownership, and the plausibility of the thesis of self-ownership) are important contributions that round out and bring closure to many of the central issues. As always with Cohen, the writing is crystal clear, and full of compelling examples, deep insights, and powerful arguments. Cohen has long been recognized as one of the most important exponents of analytic Marxism. His innovative, rigorous, and exciting interpretations of Marx’s theories of history and of exploitation have had a major impact on Marxist scholarship. Starting in the mid-1970s he has increasingly turned his attention to normative political philosophy. As Cohen describes it, he was awakened from his “dogmatic socialist slumbers” by Nozick’s famous Wilt Chamberlain example in which people starting from a position of equality (or other favored patterned distribution) freely choose to pay to watch Wilt Chamberlain play, and the net result is inequality (or other unfavored pattern). During the subsequent twenty years, political 1 philosophy has benefited from his thinking about the nature and plausibility of the thesis of selfownership, and about the scope and demands of equality. In what follows I will focus solely on the material dealing with self-ownership, but first I shall mention some of the interesting material on Marxism and socialism that I will be ignoring. First, at various points Cohen discusses how something like a principle of self-ownership is latent in the standard Marxist condemnation of capitalist exploitation (e.g., the capitalist steals labor time from the laborer).. (shrink)

Elmer John Thiessen; Two Concepts or Two Phases of Liberal Education?, Journal of Philosophy of Education, Volume 21, Issue 2, 30 May 2006, Pages 223–234, https.

Elmer John Thiessen; Two Concepts or Two Phases of Liberal Education?, Journal of Philosophy of Education, Volume 21, Issue 2, 30 May 2006, Pages 223–234, https.

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)

Two recent collections of papers—Social Equality: On What It Means to Be Equals, edited by Carina Fourie, Fabian Schuppert, and Ivo Wallimann-Helmer and The Equal Society: Essays on Equality in Theory and Practice, edited by George Hull —demonstrate well the wide diversity of perspectives on egalitarianism within political theory today. But there are unifying themes amidst all this diversity. In particular, these collections make plain the extent to which contemporary egalitarianism in all forms is indebted to Rawls. This debt is (...) reflected, for example, in the luck egalitarianism/social egalitarian debate which plays a central role in both books. It is also reflected in the concern so many contemporary egalitarians have for respect and its social basis. But while egalitarianism today owes much to Rawls, this does not mean that Rawls has nothing left to contribute to the conversation. This essay will argue that a return to Rawls can help contemporary egalitarians avoid taking their debates in certain unproductive directions. (shrink)

Abstract.This article focuses on a critical interpretation of the work of Unger. It is argued that Unger's view is less revolutionary than he depicts it and that American law often develops as Unger describes it, though this is absolutely no revolution. The authors further show what the possibilities and the limits of a transformative vocation at the bar can be.

:The paper seeks to defend Telic Egalitarianism by distinguishing two distinct categories into which typical objections to it fall. According to one category of objections TE isgroundless. That is, there is simply no good reason to think that inequality as such is bad. The other type of objections to TE focuses on itscounterintuitiveimplications: it is forced to condemn inequalities between ourselves and long-dead Inca peasants, or between us and worse-off aliens from other planets. The paper shows that once we unpack (...) these two types of objections to TE they become much less persuasive. (shrink)

In the presence of anthropogenic climate change, gross environmental degradation, and mass abject poverty, many political theorists currently debate issues such as people's right to water, the right to food, and the distribution of rights to natural resources more generally. However, thus far many theorists either focus (somewhat arbitrarily) only on one particular resource (e.g. water) or they treat all natural resources alike, meaning that many relevant distinctions within the group of natural resources are overlooked. Hence, the paper will start (...) with an analysis of the various forms which natural resources can take and how this might influence one's conception of resource rights. In so doing, the paper argues that we have to carefully distinguish between the actual physical resources people might control and how we distribute these, and the life-sustaining benefits each and every person draws from sustainable and functioning ecosystems. Based on this distinction, the paper will argue for a right to the benefits of life-sustaining ecosystem services as a universal basic right every person has. Further distributive claims with respect to particular physical resources would thus be limited by the requirements of such a basic right. (shrink)

Despite women’s increased labor force participation, household divisions of labor remain highly unequal. Properly implemented, gender egalitarian political interventions such as work time regulation, dependent care provisions, and family leave initiatives can induce families to share work more equally than they currently do. But do these interventions constitute legitimate uses of political power? In this article, I defend the political legitimacy of these interventions. Using the conception of citizenship at the heart of political liberalism, I argue that citizens would accept (...) political interventions aimed at protecting the ‘genuinely available option’ to enact gender egalitarian lifestyles. More strongly still, I argue that under certain circumstances, citizens would insist on the enactment of political interventions to protect this option. According to political liberalism’s constraints on legitimacy, this insistence renders these interventions not only legitimate but positively mandatory. It is legitimate for a state to exercise power to preserve the genuinely available option to enact a gender egalitarian lifestyle, and under certain circumstances, it is illegitimate for a state to fail to do so. (shrink)

Despite women’s increased labor force participation, household divisions of labor remain highly unequal. Properly implemented, gender egalitarian political interventions such as work time regulation, dependent care provisions, and family leave initiatives can induce families to share work more equally than they currently do. But do these interventions constitute legitimate uses of political power? In this article, I defend the political legitimacy of these interventions. Using the conception of citizenship at the heart of political liberalism, I argue that citizens would accept (...) political interventions aimed at protecting the ‘genuinely available option’ to enact gender egalitarian lifestyles. More strongly still, I argue that under certain circumstances, citizens would insist on the enactment of political interventions to protect this option. According to political liberalism’s constraints on legitimacy, this insistence renders these interventions not only legitimate but positively mandatory. It is legitimate for a state to exercise power to preserve the genuinely available option to enact a gender egalitarian lifestyle, and under certain circumstances, it is illegitimate for a state to fail to do so. (shrink)

ABSTRACT:This article examines the presuppositions and theoretical frameworks of the “new-wave” “Post-Westphalian” approach to international business ethics and compares it to the more philosophically oriented moral theory approach that has predominated in the field. I contrast one author’s Post-Westphalian political approach to the human rights responsibilities of transnational corporations (TNCs) with my own “Fair Share” theory of moral responsibility for human rights. I suggest how the debate about the meaning of corporate human rights “complicity” might be informed by the fair (...) share theory. While I point out that Post-Westphalians and moral philosophers may have fundamental disagreements about basic concepts such as legitimacy, justice, and democratic deliberation, I conclude that the Post-Westphalians have made a major contribution to the expansion of the field by presenting business ethicists with an opportunity to inform and guide debates about the potential future course of transnational governance. (shrink)

This paper claims that the intuitive and widespread legitimating power of majority rule (MR) arises from the link between majority rule and the principle of equality of political opportunity. The egalitarian character of MR is established by exploring “puzzles” in democratic theory, such as the insensitivity of democratic voting procedures to unequal intensity of citizens' preferences, and the relationship between the principle of unanimity (sometimes thought better to respect citizens' equality) and MR. Special attention is directed to the relationship between (...) political equality and equality in the outcomes of political decisions: The claim is made that the language of equal political opportunity captures well the idea of equal political influence, in the circumstance of disagreement about what is required to achieve equal treatment through the outcomes of political decisions. (shrink)

Friends and foes of liberal neutrality assume that neutrality presupposes pluralism. On this view, the state should be neutral among the many permissible conceptions of the individual good that citizens affirm. I argue that neutrality need not be construed as a response to pluralism. I focus on the case of specifically religious neutrality and argue that it can be an appropriate political response to what I call “the fact of religious hegemony,” which is a social scenario in which a particular (...) religion is unanimously recognized as dominant. Religious neutrality, in this kind of context, requires the state to avoid all religious words and symbols that can be taken as an expression of endorsement or criticism of religion. I take this conception of religious neutrality from both political history and current political practice and discourse. Neutrality was originally conceived of as a proper political response in contexts of religious hegemony both in France and in Mexico. Today, and despite the growth of religious pluralism, this conception continues to be a live political posture in the places where it first originated. I call it “neutrality as independence from religion” and argue that it differs from liberal neutrality in crucial respects. (shrink)

The common school ideal is the source of one of the oldest educational debates in liberal democratic societies. The movement in favour of greater educational choice is the source of one of the most recent. Each has been the cause of major and enduring controversy, not only within philosophical thought but also within political, legal and social arenas. Echoing conclusions reached by Terry McLaughlin, but taking the historical and legal context of the United States as my backdrop, I argue that (...) the ideal of common schooling and the existence of separate schools, which is to say, the existence of educational choice, are not merely compatible but necessarily co-exist in a liberal democratic society. In other words, we need both common schooling and educational choice. The essay proceeds in four parts. First, I explain why we need to understand something about pluralism in order to understand common schooling and school choice. In the second and third parts, I explore the normative significance of pluralism for common schooling and educational choice, respectively. In the fourth part, I show how the two can be reconciled, given a certain understanding of what pluralism demands. (shrink)

E l conflict o entr e l a democraci a a g r e gat iva (basad a e n e l v alo r igualitari o d e l a r e gla d e l a m a y oría ) y l a deliberat iva (centrad a e n l a fuerz a epistémic a de l mejo r a r gumento) constitu ye un a d e la s principale s tensione s d e l a (...) teorí a contemporáne a d e l a democracia. Est e trabaj o sostien e qu e quiene s dibuja n dich o conflict o l o hace n a pa r ti r d e un a visión e xces iv ament e optimist a de l v alo r mora l d e l a primer a y demasiad o pesimist a de l carácte r no igualitari o d e l a s e gunda . N i l a con e xió n d e l a r e gl a d e l a m a y orí a co n l a igualda d política sería n ta n fue r t e y e xclus iv a , n i l a deliberació n u n proces o controla b l e únicament e po r la búsqued a objet iva d e solucione s política s co r recta s y n o tambié n po r e xigencia s d e justicia procedimental . N o obstante , aunqu e co n una s proporcione s mucho s meno s e xagerada s a la sugeridas , e xistirí a entr e ambo s procedimiento s u n cie r t o g rad o d e incompatibilida d que podría , s i n o superars e po r completo , s í relajars e d e admiti r qu e cualquie r justi f icació n de u n procedimient o d e tom a d e decisione s n o pued e desa r rollars e d e fo r m a completamente abstracta , sin o qu e h a d e ajustars e a l cont e xto. (shrink)

ABSTRACT The paper critically evaluates Rahel Jaeggi’s concept of form of life. Particularly, it deals with the question of why one should want to criticize forms of life or society in the first place. While Jaeggi mentions issues of rationality and success, the paper refers to issues of suffering. Therefore, it introduces firstly the concept of pervasive doctrine, which aims at complementing, not at substituting, Jaeggi’s concept of form of life. A pervasive doctrine is composed by (1) a coherent system (...) of believes, by (2) a coherent set of values inspired by these believes, as well by a set of (3) norms and of (4) social practices organized around (1) and (2). It is pervasive insofar as it aims at explaining and regulating every aspect of the life of individuals and communities. The paper establishes, secondly, a connection between pervasive doctrines and systemic suffering, i.e. a suffering whose roots lie in the very way society is structured and the power relations within it that have been distributed along its history. Analysing the effects of pervasive doctrines in provoking systemic suffering is offered as a complementary critical strategy to the critique of forms of life provided by Jaeggi. (shrink)

Since contemporary societies are deeply multicultural and plural, the partisan ideological politics obviously animate conflict of opinions and hard bargains that brings coercion into play. Thus political power is exercised to establish legitimacy and stability in the polity. The use of public reason as a tool of public inquiry is considered as most effective in deciding upon the outcomes of laws and policies. The idea of public reason is one of the contemporary innovations of liberal thinking in democracy and has (...) gained a wider currency among the political theorists after John Rawls adoption of it into his political thinking. On this background, my concern is to see the feasibility of public reason alone into democratic outcomes through coercive use of power provided that this is widely accepted among the epistemic peers in a democracy. I propose that the exclusiveness of public reason is inadequate to arbitrate on fundamental questions of politics in situations where disagreement becomes acute because of the adversary positions held by citizens. And hence love and truth add to the rigorousness of reason as strong ideals to combat an insurgency of deadly disagreements. It is an attempt to engage love and truth to public reason to make public deliberations more productive in the arena of law making and policy outputs. The strengthening of this democratic process is pioneering effort of M. K. Gandhi. (shrink)

Egalitarian theories assume, without defending it, the view that the costs of children should be shared between non-parents and parents. This standard position is called into question by the Parental Provision view. Drawing on the familiar idea that people should be held responsible for the consequences of their choices, the Parental Provision view holds that under certain conditions egalitarian justice requires parents to pay for the full costs of their children, as it would be unfair for non-parents to bear the (...) negative externalities of others’ choices to have children. This article examines closely the Parental Provision view and argues that various possible justifications for it are unsuccessful. In so doing, it brings to light respects in which the choice to have and rear children is special and may not be treated as being on a par with other choices for which we think people should be held responsible. (shrink)

This article provides a survey of existing studies of majority rule, outlines misconceptions of majority rule, and highlights underexplored fields of research. It argues that the reasons why the minority complies with majority decisions have been underexplored.

RÉSUMÉ: Plusieurs libéraux modernes soutiennent que le pluralisme des valeurs a d’importantes conséquences pour l’élaboration des procédures et des institutions politiques. Mais les arguments fondés sur l’incommensurabilité et sur l’indétermination de la rationalité ou de la délibération se révèlent tous compatibles avec le monisme; et certaines formes de pluralisme sont compatibles soit avec une hiérarchisation des valeurs soit avec une hiérarchisation méta-éthique de certains types de concepts normatifs. En outre le «pluralisme» en tant que thèse métaphysique concernant les valeurs est (...) souvent confondu avec la thèse descriptive qu’il existe une pluralité de conceptions du bien dans les sociétés modernes, qui, elle, fournit la véritable justification du libéralisme dans l’organisation politique. Or cette forme de pluralisme est également compatible avec le monisme des valeurs. Le libéral pluraliste se trouve ainsi confronté à un dilemme: soit certaines valeurs sont d’importance prioritaire pour la justification de l’organisation politique, soit les conséquences du pluralisme des valeurs en pareil domaine sont indéterminées. (shrink)

In this paper I explore the concept of tolerance and suggest a description of that concept that could be accepted regardless of the political theory one supports. Since a neutral perception of the limits of tolerance is impossible, this paper offers a guideline for a substantive-liberal or a perfectionist-liberal approach to it. The limits of tolerance are described through the principles of reciprocity and proportionality. The former explains why intolerance should not be tolerated whereas the latter prescribes how and to (...) what extent it should be tolerated. The cumulative effect of these principles is that apart from extremely rare occasions intolerance should not be tolerated at any time. (shrink)

Michael Naish; Education and Essential Contestability Revisited, Journal of Philosophy of Education, Volume 18, Issue 2, 30 May 2006, Pages 141–153, https://doi.

Michael Naish; Education and Essential Contestability Revisited, Journal of Philosophy of Education, Volume 18, Issue 2, 30 May 2006, Pages 141–153, https://doi.

Nurse leaders, including clinical nurse educators, who exercise stewardship at the point of service, may facilitate practising nurses' articulation of their shared value priorities, including respect for persons' dignity and self-determination, as well as equity and fairness. A steward preserves and promotes what is intrinsically valuable in an experience. Theories of virtue ethics and discourse ethics supply contexts for clinical nurse educators to clarify how they may facilitate nurses' articulation of their shared value priorities through particularism and universalism, as well (...) as how they may safeguard nurses' self-interpretation and discursive reasoning. Together, clinical nurse educators and nurses may contribute to management decisions that affect the point of service, and thus the health care organization. (shrink)

Liberals who want to support multiculturalism need to be able to justify the parental authority to instill cultural value systems or worldviews into children. However, such authority may be at odds with liberal demands that citizens be autonomous. This paper argues that parents do not have the legitimate authority to instill in their children a specific value system, contrary to the complex and intriguing arguments of Robert Noggle (2002). Noggle’s argument, which draws heavily on key ideas in Rawls’ theory of (...) justice, is that children are not moral agents and that parents are in a special kind of fiduciary relationship vis-à-vis their children. Noggle’s position is contrasted with the more limited conception of parental authority advanced by David Archard (2002). I argue that we can accept that parents are agents of their children, but contra Noggle, this does not entitle them to impose their parochial value systems onto their children. I argue that while children have an interest in acquiring values, they do not have an interest in acquiring a value system. (shrink)