Scholars in the "Critical Legal Studies" movement have challenged some of the most cherished ideals of modern Western legal and political thought. CLS thinkers claim that the rule of law is a myth and that its defense by liberal thinkers is riddled with inconsistencies. This first book-length liberal reply to CLS systematically examines the philosophical underpinnings of the CLS movement and exposes the deficiencies in the major lines of CLS argument against liberalism.

"This is a most timely, intelligent, well-written, and absorbing essay on a central and painful social and political problem of out time."--Sir Isaiah Berlin"The major achievement of this remarkable book is a critical theory of nationalism, worked through historical and contemporary examples, explaining the value of national commitments and defining their moral limits. Tamir explores a set of problems that philosophers have been notably reluctant to take on, and leaves us all in her debt."--Michael WalzerIn this provocative work, Yael Tamir (...) urges liberals not to surrender the concept of nationalism to conservative, chauvinist, or racist ideologies. In her view, liberalism, with its respect for personal autonomy, reflection, and choice, and nationalism, with its emphasis on belonging, loyalty, and solidarity are not irreconcilable. Here she offers a new theory, "liberal nationalism," which allows each set of values to accommodate the other. Tamir sees nationalism as an affirmation of communal and cultural memberships and as a quest for recognition and self-respect. Persuasively she argues that national groups can enjoy these benefits through political arrangements other than the nation-state. While acknowledging that nationalism places members of national minorities at a disadvantage, the author offers guidelines for alleviating the problems involved using examples from currents conflicts in the Middle East and in Eastern Europe.Liberal Nationalismis an impressive attempt to tie together a wide range of issues often kept apart: personal autonomy, cultural membership, political obligations, particularity versus impartiality in moral duties, and global justice. Drawing on material from disparate fields--including political philosophy, ethics, law, and sociology--Tamir brings out important and previously unnoticed interconnections between them, offering a new perspective on the influence of nationalism on modern political philosophy. (shrink)

Ranging over central issues of morals and politics and the nature of freedom and authority, this study examines the role of value-neutrality, rights, equality, ...

This book continues and revises the ideas of justice as fairness that John Rawls presented in _A Theory of Justice_ but changes its philosophical interpretation in a fundamental way. That previous work assumed what Rawls calls a "well-ordered society," one that is stable and relatively homogenous in its basic moral beliefs and in which there is broad agreement about what constitutes the good life. Yet in modern democratic society a plurality of incompatible and irreconcilable doctrines--religious, philosophical, and moral--coexist within the (...) framework of democratic institutions. Recognizing this as a permanent condition of democracy, Rawls asks how a stable and just society of free and equal citizens can live in concord when divided by reasonable but incompatible doctrines? This edition includes the essay "The Idea of Public Reason Revisited," which outlines Rawls ' plans to revise _Political Liberalism,_ which were cut short by his death. "An extraordinary well-reasoned commentary on _A Theory of Justice_...a decisive turn towards political philosophy." --_Times Literary Supplement_. (shrink)

Thomas Nagel addresses the conflict between the claims of the group and those of the individual. Nagel attempts to clarify the nature of the conflict – one of the most fundamental problems in moral and political theory – and argues that its reconciliation is the essential task of any legitimate political system.

In developing a new theory of political and moral community, J. Donald Moon takes questions of cultural pluralism and difference more seriously than do many other liberal thinkers of our era: Moon is willing to confront the problem of how ...

[This book] develops an account of rationality and justice that is tradition specific.-http://undpress.nd.edu.

This book continues and revises the ideas of justice as fairness that John Rawls presented in A Theory of Justice but changes its philosophical interpretation in a fundamental way. That previous work assumed what Rawls calls a "well-ordered society," one that is stable and relatively homogenous in its basic moral beliefs and in which there is broad agreement about what constitutes the good life. Yet in modern democratic society a plurality of incompatible and irreconcilable doctrines -- religious, philosophical, and moral (...) -- coexist within the framework of democratic institutions. Recognizing this as a permanent condition of democracy, Rawls asks how a stable and just society of free and equal citizens can live in concord when divided by reasonable but incompatible doctrines? This edition includes the essay "The Idea of Public Reason Revisited," which outlines Rawls' plans to revise Political Liberalism, which were cut short by his death. "An extraordinary well-reasoned commentary on A Theory of Justice...a decisive turn towards political philosophy." -- Times Literary Supplement. (shrink)

in a very different sense, to refer to the cultural community, or cultural structure, itself On this view, the cultural community continues to exist even when its members arc free to modify the character of the culture, should they find its traditional ...

This first volume in the four-volume series The Moral Limits of the Criminal Law focuses on the "harm principle," the commonsense view that prevention of harm to persons other than the perpetrator is a legitimate purpose of criminal legislation. Feinberg presents a detailed analysis of the concept and definition of harm and applies it to a host of practical and theoretical issues, showing how the harm principle must be interpreted if it is to be a plausible guide to the lawmaker.

According to the ideal of tolerance, the state is supposed to be neutral or evenhanded in its dealings with religious sects and doctrines. The tolerant state does not pursue policies aimed at favoring one sect over another.

In this first book-length liberal reply to CLS, Andrew Altman systematically examines the philosophical underpinnings of the CLS movement and exposes the deficiencies in the major lines of the CLS argument against liberalism.

Offers a compelling vision of how to achieve and conduct a liberal but democratic society through the ideal of Neutrality--between people and ideas of the good--and using the tool of Neutral dialogue.

Can we conceive of a market economy that fulfils the ideals of socialism? In this book, David Miller provides a comprehensive examination, from the standpoint of political theory, of an economy in which market mechanisms retain a central role, but in which capitalist patterns of ownership have been superseded.

A collection of critical essays by English and American scholars, including such controversial academic political theorists as Gutmann, Barry and Nussbaum, that raises questions about the current theoretical reassessment of political liberalism.

Originally published in 1989 Liberal Neutrality approaches the recommendation of neutrality by confronting the abstract prescription (that we should be neutral) with the implications for particular people and institutions. This not only identifies what neutrality involves logically, but also exposes the practical difficulties that may be encountered in pursuing it. In some cases, such close examination shows that neutrality is not desirable, and in others that it is attainable only within certain limits. Although neutrality has become a fashionable term in (...) political theory, this is the only volume to subject the idea to systematic scrutiny. It will be useful not only to specialists in diverse disciplines - political scientists, philosophers, sociologists, lawyers and educationalists. (shrink)

Almost every country today contains adherents of different religions and different secular conceptions of the good life. Is there any alternative to a power struggle among them, leading most probably to either civil war or repression? The argument of this book is that justice as impartiality offers a solution. According to the theory of justice as impartiality, principles of justice are those principles that provide a reasonable basis for the unforced assent of those subject to them. The object of this (...) book is to set the theory out, explain its rationale, and respond to a variety of criticism that have been made of it. As the second volume of his work-in-progress, A Treatise on Social Justice, this work lies at the heart of a thriving academic debate which the author has played a key role in shaping. (shrink)

In the wake of the revolutions of 1989, the ongoing political turmoil in the Soviet Union, and the democratization of most of Latin America, what is the task of political theorists? Ronald Beiner's invigorating critique of liberal theory and liberal practices takes on the shibboleths of modern Western discourse. He confronts the aridity of liberal societies that possess incommensurable "values" and "rights," but no principles. To Beiner, this neutralist view is both a false description of liberal society and an incoherent (...) political ideal. Rather, he encourages the theorist to remain faithful to the important task of questioning and criticism, instead of serving as a source of ideological reassurance about our own superiority. Beiner looks to the Socratic tradition for guidance. Permitting ethos to replace values, and discourse about "the good" to replace talk about "rights," the theorist is able to reorder social priorities. Considered in this light, the liberal political philosophy of the 1970s and 1980s appears insufficiently Socratic, as does a liberal way of life that presents itself as a model of imitation. Polemical, impassioned, and brilliantly argued, What's the Matter with Liberalism? is essential reading for everyone who cares about contemporary theory and the future of liberal society. In the wake of the revolutions of 1989, the ongoing political turmoil in the Soviet Union, and the democratization of most of Latin America, what is the task of political theorists? Ronald Beiner's invigorating critique of liberal theory and liberal practices takes on the shibboleths of modern Western discourse. He confronts the aridity of liberal societies that possess incommensurable "values" and "rights," but no principles. To Beiner, this neutralist view is both a false description of liberal society and an incoherent political ideal. Rather, he encourages the theorist to remain faithful to the important task of questioning and criticism, instead of serving as a source of ideological reassurance about our own superiority. Beiner looks to the Socratic tradition for guidance. Permitting ethos to replace values, and discourse about "the good" to replace talk about "rights," the theorist is able to reorder social priorities. Considered in this light, the liberal political philosophy of the 1970s and 1980s appears insufficiently Socratic, as does a liberal way of life that presents itself as a model of imitation. Polemical, impassioned, and brilliantly argued, What's the Matter with Liberalism? is essential reading for everyone who cares about contemporary theory and the future of liberal society. (shrink)

For them, citizenship is by definition a matter of treating people as individuals with equal rights under the law. This is what distinguishes democratic citizenship from feudal and other pre-modern views that determined people's political status by ...

Larmore aims to recover three forms of moral complexity that have often been neglected by moral and political philosophers. First, he argues that virtue is not simply the conscientious adherence to principle. Rather, the exercise of virtue apply. He argues - and this is the second pattern of complexity - that recognizing the value of constitutive ties with shared forms of life does not undermine the liberal ideal of political neutrality toward differing ideals of the good life. Finally Larmore agrues (...) for what he calls the heterogeneity of morality. Moral thinking need not be exclusively deontological or consequentialist, and we should recognize that the ultimate sources of moral value are diverse. The arguments presented here do not attack the possibility of moral theory. But in addressing some of the central issues of moral and political thinking today thay attempt to restore to that thinking greater flexibility and a necessary sensitivity to our common experience. (shrink)