The paper explores a structural account of propositional justification in terms of the notion of being in a position to know and negation. Combined with a non-normal logic for being in a position to know, the account allows for the derivation of plausible principles of justification. The account is neutral on whether justification is grounded in internally individuated mental states, and likewise on whether it is grounded in facts that are already accessible by introspection or reflection alone. To this extent, (...) it is compatible both with internalism and with externalism about justification. Even so, the account allows for the proof of principles that are commonly conceived to depend on an internalist conception of justification. The account likewise coheres both with epistemic contextualism and with its rejection, and is compatible both with the knowledge-first approach and with its rejection. Despite its neutrality on these issues, the account makes propositional justification luminous and so is controversial. However, it proves quite resilient in the light of recent anti-luminosity arguments. (shrink)

Without directly addressing the Demarcation Problem for logic—the problem of distinguishing logical vocabulary from others—we focus on distinctive aspects of logical vocabulary in pursuit of a second goal in the philosophy of logic, namely, proposing criteria for the justification of logical rules. Our preferred approach has three components. Two of these are effectively Belnap’s, but with a twist. We agree with Belnap’s response to Prior’s challenge to inferentialist characterisations of the meanings of logical constants. Belnap argued that for a logical (...) constant to exist, its rules must be conservative over a previously given consequence relation and guarantee the uniqueness of the constant. The twist is that we require logical vocabulary to be provably conservative, not over a previously given formal consequence relation, but over a previously given meaningful vocabulary of a language. Uniqueness is also a feature defined in terms of provability: if two syntactically distinguished expressions are governed by the same rules, then formulas with them as main operators are interderivable. Belnap’s criteria are not only those for the existence of a logical constant, but more: they are what distinguishes logical vocabulary from all other expressions. It is the defining mark of a logical constant that it is provably conservative over the fragment of the language which excludes it and that its rules guarantee its uniqueness. The third component is the topic neutrality of logic. The provable conservativeness of logic over a previously given vocabulary of a language is motivated, in part, by appeal to molecularism in the theory of meaning. Molecularity is a feature endorsed by the theory of meaning as a whole, so it does not distinguish logical constants from other expressions. The same is true for conservativeness. We argue that molecularity, and hence conservativeness, are implicit presuppositions of speakers’ use of language: the addition of new vocabulary to a language is presupposed to be conservative. But this presupposition is one that we should be able reflectively to endorse (such as when attempting a rational reconstruction of the use of the vocabulary). Thus, where conservativeness is found to fail, this defect should be remedied and the use of the vocabulary corrected (as in classical negation) or excised altogether (as in pejoratives). We go on to characterise a notion of topic neutrality, which we argue applies to logical vocabulary. We then note that reflective endorsement of the conservativeness of a topic neutral vocabulary requires a proof that the vocabulary is conservative relative to any base vocabulary. Thus we require that logical vocabulary be demonstrably conservative. Allying this requirement, distinctive of logic, to a general consideration about the commitments of assertion yields a mode of justification for logical constants akin to some conceptions of Harmony, i.e., to the idea that the consequences of assertion of a logical complex need to be warranted by the grounds and ought to be the strongest consequences warranted by the grounds. Intuitionistic logic acquires a somewhat familiar justification but emanating from a new motivation. (shrink)

This paper examines a style of political justification prominent in contemporary liberalism, according to which policies are legitimate only if they can be shown to be acceptable to all. Although this approach is often associated with neutrality about the good life, it is argued that liberalism cannot be neutral about questions of the role of various goods, such as work, play and community. The paper closes by exploring the implications and applicability of this account of justification to contemporary political (...) practice. (shrink)

The dispute between Kantians and Humeans over whether practical reason can justify moral reasons for all agents is often characterized as a debate over whether reasons are hypothetical or categorical. Instead, this debate must be understood in terms of the distinction between agent-neutral and agent-relative reasons. This paper considers Alan Gewirth’s Reason and Morality as a case study of a Kantian justification of morality focused on deriving categorical reasons from hypothetical reasons. The case study demonstrates first, the possibility of categorical (...) agent-relative reasons, and second, that inattention to this possibility has caused considerable confusion in the debate between Kantians and Humeans. (shrink)

Epistemologists often claim that in addition to belief and disbelief there is a third, neutral, doxastic attitude. Various terms are used: ‘suspending judgment’, ‘withholding’, ‘agnosticism’. It is also common to claim that the factors relevant to the justification of these attitudes are epistemic in the narrow sense of being factors that bear on the strength or weakness of one’s epistemic position with respect to the target proposition. This paper addresses two challenges to such traditionalism about doxastic attitudes. The first concerns (...) the relevance of non-epistemic factors we might call "future-comparative" – e.g., that you’ll have more decisive evidence on whether p tomorrow – to the justification of suspending judgment. The second, from Jane Friedman, is to explain the point of the neutral attitude without appealing to inquiry and thus taking goal-related factors, which are not epistemic, such as the value of the goal or the prospects for finding means to achieve it, to bear on the justification of the neutral attitude. My defense of traditionalism relies on distinguishing three ways of being neutral on a question: agnosticism, inquiry and suspension of judgment. Traditionalism is saved because, of these, agnosticism alone is a genuine doxastic attitude. (shrink)

Self-Ownership, Liberal Neutrality and the Realm of Freedom: New Reflections on the Justification of Basic Income. A review of Axel Gosseries and Yannick Vanderborght (eds), Arguing about Justice: Essays for Philippe Van Parijs.

The existential insecurity of human beings has induced them to create protective spheres of symbols: myths, religions, values, belief systems, theories, etc. Rationality is one of the key factors contributing to the construction of civilisation in technical and symbolic terms. As Hankiss (2001) has emphasised, protective spheres of symbols may collapse – thus causing a profound social crisis. Social and political transformations had a tremendous impact at the end of the 20th century. As a result, management theories have been revised (...) in order to deal with transition and uncertainty. Francis Fukuyama's (2000) approach is supportive of hierarchical organisation as the best solution when facing a 'disruption'. The notion of Homo Hierarchicus has been based on, allegedly, rational presumptions. This paper contributes to the discussion on hierarchy within contemporary organisations. It criticises so-called 'natural' and 'rational' necessities justifying hierarchy. A key issue identified by the paper is the formalisation of language in claiming value-free knowledge and 'detached' observation as the basis for neutral rationality and aspired efficiency. This should be seriously reconsidered as hindering rather than aiding understanding of social complexity. All in all, Homo Hierarchicus appears to be misleading rather than helping symbolic sphere or construct. (shrink)

Carl Schmitt's critique of liberalism portrays liberalism as a supple political ideology, one which moves constantly between the horns of several connected dilemmas. In particular, liberalism cannot decide whether it is based on substantive political values or is neutral or substanceless. John Rawls's 'political liberalism' is argued to exemplify-and to fall prey to-Schmitt's critique. Rawls tries to find a shallow justification for liberalism, one which claims no truth for itself and is thus neutral between many different ideologies. But his justification, (...) as he is forced to admit, presupposes the substantive commitments he wants to avoid. Hence, liberalism has to move beyond Rawls and accept its place within democracy. (shrink)

Robust technological enhancement of core cognitive capacities is now a realistic possibility. From the perspective of neutralism, the view that justifications for public policy should be neutral between reasonable conceptions of the good, only members of a subset of the ethical concerns serve as legitimate justifications for public policy regarding robust technological enhancement. This paper provides a framework for the legitimate use of ethical concerns in justifying public policy decisions regarding these enhancement technologies by evaluating the ethical concerns (...) that arise in the context of testing such technologies on nonhuman animals. Traditional issues in bioethics, as well as novel concerns such as the possibility of moral status enhancement, are evaluated from the perspective of neutralism. (shrink)

A moral-pragmatic argument for a proposition is an argument intended to establish that believing the proposition would be morally beneficial. Since such arguments do not adduce epistemic reasons, i.e., reasons that support the truth of a proposition, they can seem at best to be irrelevant epistemically. At worst, believing on the basis of such reasoning can seem to involve wishful thinking and intellectual dishonesty of a sort that that precludes such beliefs from being epistemically unjustified. Inspired by an argument from (...) William James’ classic, “The Will to Believe”, I argue that there is a way of making sense of moral-pragmatic arguments such that they are epistemically relevant. I develop and argue for a theory of epistemic justification that I dub the “moral encroachment theory” (emphasizing its connection to recent pragmatic encroachment views). According to the theory, moral considerations can raise or lower epistemic standards from where they would be in morally neutral settings. The moral encroachment theory, I contend, denotes a normative property that is at once distinctively epistemic and valuable. The theory also allows a legitimate role for moral-pragmatic reasoning under certain conditions. The upshot is that moral-pragmatic reasoning can be epistemically as well as morally appropriate. (shrink)

This chapter follows Conee and Feldman in assuming the traditional conception of the mental. Thus, the author takes it that mentalistic evidentialism is inconsistent with process reliabilism. It examines Goldman's critique of evidentialism's account of the justification of memory beliefs and discusses a problem for Goldman's own reliabilist account of memory beliefs. The chapter distinguishes two sorts of epistemic status at issue and not usually clearly separated in these debates, historical justification vs. justification to retain a belief. It raises doubts (...) about the resources of reliabilism for explaining justification to retain beliefs; and makes a plea for a less ambitious account of justification to retain beliefs, a restricted form of epistemic conservatism. The chapter argues that the conservative account that the author recommend represents a kind of neutral baseline, insofar as there are both reliabilist‐friendly as well as evidentialist‐friendly arguments for it. (shrink)

Andrew Lister | : This comment examines the idea of ‘neutrality of treatment’ that is at the heart of Alan Patten’s defense of minority cultural rights in Equal Recognition. The main issue I raise is whether neutrality of treatment can do without an ‘upstream’ or foundational commitment to neutrality of justification. | : Ce commentaire se penche sur le concept de « neutralité de traitement » au coeur de la défense des droits des minorités culturelles qu’offre Alan (...) Patten dans son livre Equal Recognition. La principale question que je pose est celle de savoir ce que peut la neutralité de traitement si elle ne repose pas sur un engagement fondamental, en amont, quant à la neutralité de justification. (shrink)

Liberal neutrality requires that, given the diversity of conceptions of the good life held by people, the state should be in some sense neutral between these conceptions. Just what that sense is has been a matter of debate but it seems generally accepted that neutrality is a property of the justifications for government action and not of the consequences of such action. In other words, the state must be neutral by avoiding invoking any conception of the good (...) in its justification for laws and policies and by avoiding having any laws and policies that can be justified only by reference to some conception of the good. It need not, so it seems generally accepted, ensure that the consequences of its laws and policies do not favor some conceptions of the good over others. Against this commonly held view, in this chapter I argue that justificatory neutrality is inadequate as a full picture of what liberal neutrality means and that some conception of consequential neutrality is more plausible. (shrink)

Justificatory neutrality, as held by Nagel, holds that the state is only legitimate if it can be justified on the basis of the value-beliefs that we all share. I argue that this theory has faults that are avoided by Rawls’s alternative of stability for the right reasons as achieved by a reasonable overlapping consensus on the political norms for regulating the basic structure of society. However, neither approach explains why we should be concerned with people’s value-beliefs, a gap which (...) I begin to fill. I argue that justificatory neutrality is inadequate in two ways. Firstly, neutrality cannot serve as a guiding ideal, in that we must appeal to other values in order to determine when and how we should be neutral. Secondly, in excluding all controversial ideals, it has no guarantee that a) those values shared will be adequate for settling political questions, and/or b) that some of those values excluded aren’t significant to the people who believe in them in ways that prevent their accepting justifications that appeal solely to the shared values. I argue that Rawls’s theory avoids these problems but that his idea of public reason is both unnecessary and in tension with the aspiration to achieve an actual reasonable overlapping consensus. Drawing on Raz I argue that neither Nagel nor Rawls offer adequate explanations of why we should be concerned with justifiability to people on the basis of their value-beliefs. I provide such an explanation in terms of the value of being able to endorse the course of our own lives. This value grounds reasons to be responsive to people’s (possibly mistaken) value-beliefs in political justifications – though, since this is not the only value to be considered, sometimes other reasons may settle the matter. (shrink)

One central objection to philosophical defences of liberal neutrality is that many neutrally justified laws and policies are nonetheless discriminatory as they unilaterally impose costs or confer unearned privileges on the bearers of a particular conception of the good. Call this the false neutrality objection. While liberal neutralists seldom consider this objection to be a serious allegation, and often claim that it rests on a misunderstanding, I argue that it is a serious challenge for proponents of justificatory (...) class='Hi'>neutrality. Indeed, a careful examination of recent French and Canadian laws which impede the members of cultural minorities from freely practising their religion reveals that the state can hide its discriminatory aims by cloaking the policies it enacts in neutral language. In order to avoid the problem of false neutrality, I contend, liberal neutralists should defend a combination of neutrality of justification and neutrality of aim and operationalize neutrality of aim through a practical test that has been a defining feature of American jurisprudence on religious freedom in the last thirty years: the general applicability requirement. (shrink)

At the center of many critiques of liberalism is liberal neutrality, which is attacked on two fronts. First, it is argued that neutrality yields a restrictive sphere of public reason. Contentious views—like those endorsed by citizens with marginalized comprehensive doctrines—are outlawed from public consideration. Second, state policies must have neutral effects, lest they differentially impact those with unpopular views. Contentious state actions—like those endorsed by citizens with marginalized moral views—are outlawed from implementation. It is this combination of demands (...) for neutrality at the individual and state levels that produces the concern: if marginalized comprehensive doctrines cannot be discussed in the realm of public reason, and if marginalized moral views cannot be acted upon by the state, how will we ever achieve the goals of feminism, itself a marginalized moral view? Does liberal neutrality prohibit progress toward gender equality? In this paper, I argue to the contrary. Many objections regarding liberalism’s supposed failure to secure gender justice rely on a conception of neutrality as neutrality of effect. But at both the individual and state levels, liberalism’s demand for neutrality is about justification. Liberalism, specifically political liberalism, requires neither neutral content of public reasons nor neutral effects of state policies. (shrink)

This paper assesses several prominent recent attacks on the view that epistemic justification is conceptually prior to knowledge. I argue that this view—call it the Received View (RV)—emerges from these attacks unscathed. I start with Timothy Williamson’s two strongest arguments for the claim that all evidence is knowledge (E>K), which impugns RV when combined with the claim that justification depends on evidence. One of Williamson’s arguments assumes a false epistemic closure principle; the other misses some alternative (to E>K) explanations of (...) a putative fact about the evidence a particular subject has. Next, I neutralize each of Jonathan Sutton’s three recent arguments to the conclusion that any justified belief constitutes knowledge. Finally, I consider a recent analysis of justification due to Alexander Bird, according to which justified belief is possible knowledge. I argue that Bird’s analysis delivers neither a sufficient nor (more importantly) a necessary condition for justification. [Word count: 149]. (shrink)

In 2009, a law was passed in the Danish parliament, according to which judges cannot wear religious symbols in courts of law. First, I trace the development of this legislation from resistance to Muslim religious practices on the nationalist right to ideas in mainstream Danish politics about secularism and state neutrality – a process I refer to as ‘liberalization’. Second, I consider the plausibility of such liberal justifications for restrictions on religious symbols in the public sphere and, in (...) particular, for the ban on the wearing of religious symbols by judges. I argue that such justifications are flawed and so are not plausible corollaries of anti-Islamic justifications originating on the nationalist right. (shrink)

Neutralist defenses of liberalism fail because they cannot account for essential features of an acceptable liberal theory: a firm guarantee for a sphere of individual liberty, an account of our interest in being able to revise our moral commitments, a wide range of applicability, and the possibility of legitimate government in the face of rejection by unreasonable citizens. A liberalism based on the value of autonomy can address the problems which motivate neutralists, while succeeding in providing for the essential features (...) just mentioned. (shrink)

Despite the widespread presence of public arts funding in liberal societies, some liberals find it unjustified. According to the Neutrality Objection, arts funding preferences some ways of life. One way to motivate this challenge is to say that a public goods-styled justification, although it could relieve arts funding of these worries of partiality, cannot be argued for coherently or is, in the end, too susceptible to impressions of partiality. I argue that diversity-based arts funding can overcome this challenge, because (...) it invests in non-excludable infrastructure that fosters cultural literacy. We all have some interest as citizens in living in a society which fosters cultural literacy, seeing as this helps others to understand us, supports us to understand ourselves, and helps alleviate confusion and alienation we feel toward social difference. While some of these benefits can be enjoyed by those who make and consume art, they are also gained by those who don’t, because arts funding affects the makeup of public spaces and the communicative practices we all use to make sense of the world. (shrink)

The ecologist today finds scarce ground safe from controversy. Decisions must be made about what combination of data, goals, methods, and theories offers them the foundations and tools they need to construct and defend their research. When push comes to shove, ecologists often turn to philosophy to justify why it is their approach that is scientific. Karl Popper’s image of science as bold conjectures and heroic refutations is routinely enlisted to justify testing hypotheses over merely confirming them. One of the (...) most controversial theories in contemporary science is the Neutral Theory of Ecology. Its chief developer and proponent, Stephen Hubbell, presents the neutral theory as a bold conjecture that has so far escaped refutation. Critics of the neutral theory claim that it already stands refuted, despite what the dogmatic neutralists say. We see the controversy through a Popperian lens. But Popper’s is an impoverished philosophy of science that distorts contemporary ecology. -/- The controversy surrounding the neutral theory actually rests on a methodological fault. There is a strong but messy historical link between the concepts of being neutral and being null in biology, and Hubbell perpetuates this when he claims that the neutral theory is supplies the appropriate null for testing alternative theories. What method is being followed here? There are three contenders: -/- Null hypothesis testing tests for whether a there is a pattern to be explained. Null modeling tests for whether a process is causally relevant to a pattern. Baseline modeling apportions relative responsibility to multiple processes each relevant to a pattern. -/- Whether the neutral theory supplies an appropriate “null” depends upon whether null hypothesis, null modeling, or baseline model is intended. These methods prescribe distinct inference patterns. If they are null hypothesis testing or null modeling, the neutralists’s reasoning is invalid. If they are baseline modeling, the justification of a crucial assumption remains opaque. Either way, the neutral-null connection is being exploited rhetorically to privilege the neutral theory over its rivals. Clarifying the reasoning immunizes us against the rhetoric and foregrounds the underlying virtues of the neutralist approach to ecology. -/- The Popperian lens distorts theoretical development as dogmatism. Lakatos’s view of science as the development of research programmes clarifies the epistemology of the neutral theory. Focusing philosophical attention on the neutralist research programme illuminates (1) the synchronic uses of the neutral theory to make predictions and give descriptions and explanations; (2) its diachronic development in response to theoretical innovation and confrontation with data; (3) its complex relationships to alternative theories. For example, baseline modeling is now seen to be its primary explanatory heuristic. The justification for baseline modeling with the neutral theory, previously hidden from view, is seen in the logic of in the neutralist research programme. (shrink)

A powerful objection to civil marriage claims that it violates the principle of liberal neutrality because the institution implies state endorsement of matrimony as an ideal type of personal relationship. The chapter argues that this neutrality objection is cogent only if certain empirical conditions fail to be met. These conditions concern both the nature and the effects of the social norms that stipulate the intentions and beliefs necessary for good faith entrance into marriage. In certain circumstances, the presumptively (...) permanent nature of marital relationships supports a cogent justification of civil marriage without any implication of state endorsement of the matrimonial ideal. (shrink)

Justification thinking (using excuses to “allow” giving into temptation) has been identified as a potential link between negative affect and self-control failure. We hypothesised that negative affect would prompt greater justification thinking, specifically deservingness thinking (i.e. “I deserve a treat”), and tested this for both inhibitory (temptation is to approach reward; self-control is to inhibit) and initiatory (temptation is to refrain from action, self-control is to initiate action) hypothetical self-control dilemmas. We found that only for inhibitory self-control (Study 1; N (...) = 105) but not initiatory (Study 2; N = 116), negative affect resulted in greater deservingness thinking compared to neutral affect. We also hypothesised that negative mood coupled with justification would prompt greater likelihood of imagined self-control failure. We found that for inhibitory self-control (Study 3; N = 569), participants in negative affect (vs. neutral) and justification (vs. no justification) conditions were independently more likely to report they would fail at self-control. For initiatory self-control (Study 4; N = 321), we found an effect of negative affect on hypothetical self-control failure but no effect of justification. Overall, these studies confirm the role of negative affect in self-control processes and highlight differences between inhibitory and initiatory self-control situations. (shrink)

The apportionment of responsibility for health policy within multi‐level states should be sensitive to a number of conflicting normative pressures, some of which militate for placing decision‐making authority at the higher reaches of policy‐making structures, while others would seem to require placing them lower down this structure. The principle of subsidiarity is a structural principle that addresses in a manner that is neutral with respect to these values a way of addressing the conflicting claims of these values. Standard accounts of (...) federalism fare poorly with respect to the criterion of subsidiarity. While central governments are at first glance better equipped to apply such a principle to the issue of the distribution of authority, there are strong empirical grounds for thinking that centralized governments will non‐neutrally privilege central authorities in applying the principle. Federal structures that admit of overlapping jurisdictions, and that therefore require that deliberation among federal parties occur as a condition of the problem of the distribution of powers over health care being solved, are most amenable to solving problems of distribution of authority. (shrink)

The intuition of neutrality, as discussed by John Broome, says that the addition of people does not, by itself, produce or subtract value from the world. Such intuition allows us to disregard the effects of climate change policy onto the size of populations, effectively allowing us to make policy recommendations. Broome has argued that the intuition has to go. Orsi responds by urging a normative (rather than Broome's axiological) interpretation of neutrality in terms of an exclusionary permission to (...) disregard the value of adding lives. He explores justifications and limits of such permission by referring to the prospect of human extinction. (shrink)

Work is something with which most people have to engage. For many of us, it is also something towards which we feel ambivalent or worse. In this paper, I argue for the need to think about the meaning of this ambivalence when discussing the issue of state neutrality and the justification of state’s decisions as they pertain to the economy. Where the kinds of work some people have to perform issue in costs extensive enough to undermine their integrity, the (...) neutrality of a state’s decision is insufficient justification. In these circumstances, states must find ways to grant such workers an exemption, allowing them to renegotiate the extent and quality of the work they do. I examine unconditional basic income as a means of fulfilling this function. (shrink)

Cosmopolitanism seems to appeal to liberal neutrality because both are committed to core values such as reciprocity, autonomy, respect for the individual, personal accountability, and inclusivity. Further, cosmopolitanism is legitimate for many only insofar as it endorses value-pluralism in open societies, which is a staple of liberal neutrality. And yet, one might think that there is a moral obligation to create a cosmopolitan community. One can think of this as moral (normative) cosmopolitanism. To the end of creating a (...) cosmopolitan community, certain values ought to be fostered in laws and public policies, and certain attitudes ought to be cultivated. This leads to a potential impasse, namely if cosmopolitanism is committed to neutrality then it cannot promote its normativity, and if it is not committed to neutrality then it cannot promote value-pluralism. I propose a solution to this potential impasse by examining several of the democratic and cosmopolitan commitments of Alain Locke. What I take from Locke is his grounding of both pluralism and moral cosmopolitanism in democratic, time-honored principles that exist in all acts of free association, namely: liberty, equality, and fraternity. These values, of necessity, pervade all political conceptions of good lives because all political conceptions require what acts of free association allow, namely community with others. To this end, I provide an argument for how someone can consistently be committed to both moral cosmopolitanism and liberal neutrality. (shrink)

In an important essay Charles Larmore tells us that Kant and Mill sought to justify the principle of political neutrality by appealing to ideals of autonomy and individuality. By remaining neutral with regard to controversial views of the good life, constitutional principles will express, according to them, what ought to be of supreme value throughout the whole of our life.1 On Larmore’s influential reading, Mill defended what we might call first-level neutrality: Millian principles determining justified legal (and, we (...) might add, social) intervention are neutral between competing conceptions of the good life. However, Larmore insists that Millian neutral political principles do not posses second-level neutrality: they do not have a neutral justification. The problem with Mill’s valuebased defense of liberalism,” Larmore insists, is that because the value of individuality is “far from uncontroversial,” 2 Mill’s case liberalism is open to reasonable objection. In contrast Larmore and, of course, John Rawls, seek to develop a “political liberalism” that defends liberal neutrality without appeal to a “general ‘philosophy of man’ or a ‘comprehensive moral ideal’.”3 The justification of liberal principles “must be acceptable by reasonable people having different views of the good life, not just those who share, for example, Mill’s ideal of the person.”4 Liberals, argues Larmore, need “a neutral justification of neutrality.”5.. (shrink)

Work is something with which most people have to engage. For many of us, it is also something towards which we feel ambivalent or worse. In this paper, I argue for the need to think about the meaning of this ambivalence when discussing the issue of state neutrality and the justification of state’s decisions as they pertain to the economy. Where the kinds of work some people have to perform issue in costs extensive enough to undermine their integrity, the (...) neutrality of a state’s decision is insufficient justification. In these circumstances, states must find ways to grant such workers an exemption, allowing them to renegotiate the extent and quality of the work they do. I examine unconditional basic income as a means of fulfilling this function. (shrink)

(Please note: the main ideas of this paper are restated in revised/developed form in: "On actualist and fundamental public justification in political liberalism" and "Patterns of justification: on political liberalism and the primacy of public justification". Both papers are available from philpapers.) The paper suggests the deep view of Rawls-type public justification as promising, non-ideal theory variant of an internal conception of political liberalism. To this end, I demonstrate how the deep view integrates a range of ideas, views and commitments (...) at the core of political liberalism’s justification structure, including pro tanto justification, full justification, political values and their priority, justificatory neutrality, the role of reasonable comprehensive views, the nature public reasons, the wide view of public political culture, the role of overlapping consensus and political legitimacy, and not least, the status of reflective equilibrium and the Original Position. I then contrast the deep view with Quong’s ideal theory variant if the internal conception, and argue that we should prefer the deep view. Thus, the prospects of political liberalism depend not so much on whether we find ways to make ideal theory relevant for non-ideal purposes. Rather, it depends on whether political liberalism can devise a credible response to the problem of public dogma. (shrink)

We cannot conclude from the assumptions that justice is a virtue and desert is an ingredient in justice that desert claims themselves express a virtue. It could be that desert is morally neutral, or even immoral, and that there are other aspects of justice which make it all-in-all virtuous. We need, in other words, an independent moral justification of desert and desert-based emotions. In this paper I take on the challenge of articulating and defending a utilitarian justification of desert in (...) distributive justice. I argue, first, that while there may be ways of accommodating desert-concerns in liberal theory, this cannot, in the view of liberals themselves, be done without considerable cost to the ideals that are closest to their hearts. By contrast, I suggest that a deceptively simple utilitarian defence of desert can be made to work. Finally, I attempt to surmount various possible objections that might be raised against my utilitarian justification and conclude that none of them confutes it. (shrink)

One of the main characteristics of today’s democratic societies is their pluralism. As a result, liberal political philosophers often claim that the state should remain neutral with respect to different conceptions of the good. Legal and social policies should be acceptable to everyone regard- less of their culture, their religion or their comprehensive moral views. One might think that this commitment to neutrality should be especially pronounced in urban centres, with their culturally diverse populations. However, there are a large (...) number of laws and policies adopted at the municipal level that contradict the liberal principle of neutrality. In this paper, I want to suggest that these perfectionist laws and policies are legitimate at the urban level. Specifically, I will argue that the principle of neutrality applies only indirectly to social institutions within the broader framework of the nation-state. This is clear in the case of voluntary associations, but to a certain extent this rationale applies also to cities. In a liberal regime, private associations are allowed to hold and defend perfectionist views, focused on a particular conception of the good life. One problem is to determine the limits of this perfectionism at the urban level, since cities, unlike private associations, are public institutions. My aim here is therefore to give a liberal justification to a limited form of perfectionism of municipal laws and policies. (shrink)

Liberalism can be defined as that political system in which the state remains neutral on questions of the good life while providing a framework of rights that respects persons as free and independent selves capable of choosing their own values and ends. Neutrality is the priority of the right over the good . In Political Liberalism, John Rawls describes a liberal society in which political debate is based upon an overlapping consensus. An overlapping consensus consists in agreement about those (...) principles of justice which are held in common by all reasonable citizens. While these principles may be justified by appeal to "comprehensive" doctrines, no such "comprehensive" justifications are permitted within the arena of political debate. ;I examine the theories of Alasdair MacIntyre in order to show where Rawls fails. MacIntyre argues that a conception of the good is inherent in any decision-making procedure and the exclusion of that conception from political debate makes such debate impossible. I argue that traditions which justify conceptions of the good are after the fact constructs identified in light of a unifying theme. I also examine the work of William Galston which underlines liberalism's compatibility with a conception of the good, and argue that Galston's rejection of neutrality should be reconsidered. ;Rawls' attempt to solve the problem of managing pluralism limits pluralism to an unacceptable degree. I offer a theory which widens the scope of freedom while avoiding a reliance on the exclusion of moral goods in political debate. ;The foundation of my theory lies in the moral psychology of Adam Smith, a theory of social interaction and moral judgment that does not rely exclusively on rational deliberation. I argue that Smith's market model of competition should be understood as entailing neutrality between groups and not between goods. Neutrality is identified retrospectively by observing how newer or previously excluded members of society have influenced society's conception of the good. I conclude that if a society's conception of the good fluctuates over time in the ways and under the conditions described in my dissertation, then the society is appropriately neutral and liberal. (shrink)

This article discusses the connection between individualism, pluralism and the moral foundation of liberal democracy. It analyses whether the requirement of value pluralism promoted by liberal democracies leads inevitably to communitarian ethics, or whether the liberal and democratic values of autonomy, tolerance and equality are actually based on an objectivistic and teleological account of justice. The author argues that value‐neutral procedural and methodological individualism cannot support the liberal demands for pluralism and tolerance in a democratic regime. Instead, the justification of (...) liberal democracy has to replace mechanical, methodological individualism with moral individualism. Moral individualism shows that in order to be legitimate and functioning liberal democracy has to be based on the form of individualism which contains objectivist moral aspects. (shrink)

the issue of liberal neutrality, a topic suggested by the work of Catharine MacKinnon. I discuss two kinds of neutrality: neutrality at the level of justifying liberalism itself, and state neutrality in political decision-making. Both kinds are contentious within liberal theory. Rawls’s argument for justice as fairness has been criticized for non-neutrality at the justificatory level, a problem noted by Rawls himself in Political Liberalism . I will defend a qualified account of neutrality at (...) the justificatory level, taking an epistemic approach to argue for the exclusion of certain doctrines from the justificatory process. I then argue that the justification process I describe offers a justificatory stance supportive of the feminist rejection of state-sponsored gender hierarchy. Further, I argue that liberal neutrality at the level of political decision-making will have surprising implications for gender equality. Once the extent of the state’s involvement in the apparently private spheres of family and civil society is recognized, and the disproportionate influence of a sexist conception of the good on those structures—and concomitant promotion of that ideal—is seen, state neutrality implies substantive change. While—as Susan Moller Okin avowed—Rawls himself may have remained ambiguous on how to address gender inequality, his theory implies that the state must seek to create substantive, not merely formal, equality. I suggest that those substantive changes will not conflict with liberal neutrality but instead be required by it. (shrink)

One of the challenges that liberal neutrality faces in diverse societies is how to maintain neutrality towards conception of the good life, when establishment of a particular conception of the good and exclusion of other conceptions is inevitable, as in the case of language regulation. A possible solution is to justify this establishment by appealing to universal reasons, thus refraining from endorsing the intrinsic value of the established conception. This paper argues that such a solution is limited, as (...) it does not cover all inevitable-establishment domains. This is because there is a distinction within inevitable-establishment domains: domains in which rival options can coexist, such as language policy, and domains in which options are mutually exclusive, such as land-use policy. The paper argues that language policy is a coexistence domain, since it allows for a degree of personal agency, and it can refrain from making value judgments about the language that is endorsed by the state. Spatial organization and land-use policy, on the other hand, must rest on value judgments about the good life and cannot accommodate neutral justifications. The distinction has important implications for the scope of neutrality: neutrality turns out to be applicable in coexistence domains, and inapplicable in mutually-exclusive domains. Ultimately, it may be the case that neutrality may not be applicable even in language policy, since language policy exhibits characteristics of a mutually-exclusive domain. (shrink)

Une théorie de la justice peut-elle être métaphysiquement neutre ? John Rawls, aussi bien dans l’article de 1985 « La théorie de la justice comme équité : une théorie politique et non pas métaphysique » que dans son Libéralisme politique a soutenu qu’une théorie de la justice qui s’applique à une société libérale démocratique ne doit s’appuyer sur aucune doctrine compréhensive, mais doit au contraire s’en tenir à des règles de la vie politique et de la répartition des biens qui (...) soient métaphysiquement neutres. Prenant le contre-pied de la position de Rawls, cet article tente de montrer non seulement qu’une telle neutralité ne se vérifie pas dans la construction rawlsienne, lorsqu’il s’agit notamment de justifier les droits de l’homme, mais encore que cet « échec » est ce qui conserve à la théorie de Rawls toute sa force critique par rapport aux doctrines rivales comme l’utilitarisme. Is it possible for a theory of justice to be metaphysically neutral ? John Rawls, in his paper published in 1985 and titled “Justice as Fairness : Political, not Metaphysical”, as well as in his book Political Liberalism published in 1995, defended the thesis that a theory of justice which is supposed to be applied to a liberal and democratic society should not be rooted in a comprehensive doctrine, but, on the contrary, must be confined to a formulation of rules of political conduct and repartition of goods which is metaphysically neutral. From an alternative standpoint, this paper is an attempt to show that such neutrality is not verified in Rawls’ argumentation, especially when human rights’ justification is concerned, and that this failure in implementing neutrality is what helps to preserve all the critical strength of Rawls’ theory as compared to other doctrines as utilitarianism. (shrink)

The child’s right to an open future aims at protecting the autonomy of the mature person into which a child will normally develop. The justification of state interventions into parental decisions which unduly restrict the options of the prospective adult has to address the problem that the value of autonomy is highly contested in modern pluralist societies. The article argues that the modern majority culture provides young adults with many more options than traditionalist religious communities. However, the options that can (...) be chosen in faith groups, such as the Amish, do not constitute a subset of the options available in the wider society. Therefore, state policies which pursue the goal of providing every child with the greatest possible set of options cannot be based on a neutralist version of political liberalism. The advocates of a child’s right to an open future must rely on a perfectionist version of liberalism which draws on the ideal of leading an autonomous life. Since liberal perfectionism has problematic implications, the article defends a neutralist position that largely refrains from state interference with the educational authority of fundamentalist religious communities. (shrink)

The project of public-reason liberalism faces a basic problem: publicly justified principles are typically too abstract and vague to be directly applied to practical political disputes, whereas applicable specifications of these principles are not uniquely publicly justified. One solution could be a legislative procedure that selects one member from the eligible set of inconclusively justified proposals. Yet if liberal principles are too vague to select sufficiently specific legislative proposals, can they, nevertheless, select specific legislative procedures? Based on the work of (...) Gerald Gaus, this article argues that the only candidate for a conclusively justified decision procedure is a majoritarian or otherwise ‘neutral’ democracy. If the justification of democracy requires an equality baseline in the design of political regimes and if justifications for departure from this baseline are subject to reasonable disagreement, a majoritarian design is justified by default. Gaus’s own preference for super-majoritarian procedures is based on disputable specifications of justified liberal principles. These procedures can only be defended as a sectarian preference if the equality baseline is rejected, but then it is not clear how the set of justifiable political regimes can be restricted to full democracies. (shrink)

In defending toleration against its many critics, Respecting Toleration has both conceptual and normative aims. Conceptually, I defend and explain the coherence of political toleration. This involves, in part, highlighting a distinction between two forms of toleration; one of which always involves objection, and one which does not. Normatively, I defend a particular understanding of toleration as the best way of accommodating contemporary diversity. In brief, the state should be guided by an active ideal of neutrality, and citizens must (...) at minimum engage in forbearance tolerance with each others’ differences. In this paper, I respond to four main lines of criticism. The first is that my understanding of toleration – in which objection is not always necessary – is too broad, and that my non-moralised understanding of forbearance tolerance requires additional context. Second, my discussion of neutrality runs together the distinction between an active/passive state with a large/small state; wrongly fails to distinguish between mere preferences and deeply held beliefs; and is really a concern about equality. Third, my freedom-based justification for toleration is too limited; and may, in fact, enable recognition rather than resist it. Fourth, my rejection of inter-citizen respect for difference is too quick. (shrink)

In this paper I explore the extent to which the dialectical approach of Śrīharṣa can be identified as skeptical, and whether or how his approach resembles that of the first century Mādhyamika philosopher Nāgārjuna. In so doing, I will be primarily reading the first argument found in Śrīharṣa’s masterpiece, the Khaṇḍanakhaṇḍa-khādya. This argument grounds the position that the system of justification that validates our cognition to be true is not outside of inquiry. Closely adopting Śrīharṣa’s polemical style, I am neither (...) proposing a thesis in this paper that Śrīharṣa is a skeptic, nor am I denying such a possibility. I believe we can pursue our arguments on a neutral ground and let the facts speak for themselves. I will outline salient features that define skepticism in the mainstream philosophical discourse so that analyzing Śrīharṣa’s first argument becomes easier. In so doing, I will introduce some of the arguments of Nāgārjuna in light of Śrīharṣa’s position. This comparison, however, is restricted only to the salient features relevant to further the central argument of this paper and is therefore not aimed to encompass the overall positions of these two giants. (shrink)

In this paper, we explore the 2008 financial crisis in Iceland through the lens of Donaldson’s concept of normalization of questionable behavior. We study the report published by the Special Investigation Commission, an investigation initiated by the Icelandic Parliament near the end of 2008. The report provides a detailed and systematic account of the processes leading up to the crisis. Our aim is to determine the extent to which the behaviors of professionals in the Icelandic financial sector can be explained (...) as a gradual fading of moral concerns to the point that they perceived the sale of high-risk products to unassuming customers for their own short-term benefit to be morally unproblematic. In doing so, we consider both character and circumstance explanations of moral misbehavior. We expand on Donaldson’s initial description of normalization of questionable behavior by applying the concept of moral neutralization, which is defined by criminologists Sykes and Matza as the process of convincing oneself that an option that initially conflicted with one’s own moral beliefs is actually morally acceptable. We find indications that individuals in the Icelandic financial sector did engage in moral neutralization in their attempts to frame their own actions in an acceptable light. In our study, we identify one way of neutralizing away moral dissonance not captured in the original theoretical framework. Icelandic bankers justified their behavior by claiming that they did not break any relevant rules or regulations when they engaged in what were later labeled questionable activities. Our name for this kind of justification is claim of having breached no rule. (shrink)

In his Beyond Justification, Bill Alston argued that there is no single property picked out by ‘epistemic justification,’ and that instead epistemological theory should investigate the range of epistemic desiderata that beliefs may enjoy (as well as the nature of and interconnections among the various epistemic good-making properties). In this paper I argue that none of his arguments taken singly, nor the collection as a group, gives us a reason to abandon the traditional idea that there is a property of (...) epistemic justification. I conclude by suggesting how Alston’s proposal to investigate the variety of epistemic desiderata bears on the questions at the heart of the theory of epistemic justification. Here I suggest that, despite his attempts at neutrality with respect to debates about epistemic justification, Alston might well have taken sides on one of the main issues of substance. (shrink)

In his Beyond Justification, Bill Alston argued that there is no single property picked out by ‘epistemic justification,’ and that instead epistemological theory should investigate the range of epistemic desiderata that beliefs may enjoy (as well as the nature of and interconnections among the various epistemic good-making properties). In this paper I argue that none of his arguments taken singly, nor the collection as a group, gives us a reason to abandon the traditional idea that there is a property of (...) epistemic justification. I conclude by suggesting how Alston’s proposal to investigate the variety of epistemic desiderata bears on the questions at the heart of the theory of epistemic justification. Here I suggest that, despite his attempts at neutrality with respect to debates about epistemic justification, Alston might well have taken sides on one of the main issues of substance. (shrink)

In seeking to neutralize affectivity and in requiring us to act for the right without reference to the conceptions of the good that normally attract our allegiance, some critics say, contemporary cognitivist theories of justice undercut human agency and leave justice hanging. This paper explores the merits of that charge by engaging the work of John Rawls and Jürgen Habermas. Rawls does offer an account of the sense of justice that can meet the motivational challenge, albeit not without compromising the (...) strict priority of the right over the good. Habermas objects to key elements of the Rawlsian compromise and defends a more strenuously pure proceduralism, acknowledging the motivational (if not the normative) difficulties this entails. The accommodations and the deficits found in Rawls and Habermas point to the irrepressible place that conceptions of the good and our affective attachments to them occupy within human moral psychology. This feature of moral psychology has more than merely practical significance. It affects the operation of practical reason, and on the contemporary cognitivist models of justice it is practical reason that establishes the validity of moral and political norms. Consequently, a fuller account of the moral psychology that supports just action also helps clarify the nature of norm justification. (shrink)

Political liberalism is supposed to be neutral among reasonable comprehensive doctrines, including comprehensive liberalism. Some critics think that it implicitly assumes comprehensive liberalism. I argue that political liberalism has the resources to avoid this charge and chart a path between sectarianism and unprincipled accommodation that allows a range of policy justifications onto the political agenda of a scope that honors the ideal of neutrality.

Although the notion of physician value neutrality in medicine may be traced back to the writings of Sir William Osler, it is relatively new to medicine and medical ethics. We argue in this paper that how physician value neutrality has been cashed out is often obscure and its defense not persuasive. In addition, we argue that the social/political implementation of neutrality, Political Liberalism, fails, and thus, PVN's case is weakened, for PVN's justification relies largely on the reasoning (...) undergirding PL. For these reasons, we conclude that PVN has no philosophical or ethical warrant and thus should be abandoned. We suggest that the physician present to her patients some type of statement or creed that would give them an idea of where she stands on important axiological issues and how these stands are cashed out clinically. (shrink)

Over the past decade, many philosophers have argued that to respect the moral equality of their citizens, states should be neutral toward certain forms of diversity among their populations. Areas in which the state neutrality has been advocated include, but are not limited to, citizens’ different religions; languages; and sexual orientations. However, there remains an important area where its normative (ir)relevance has not been discussed: That of neurodiversity. After identifying several ways in which contemporary states disfavor the interests of (...) neurodivergent groups relative to the neurotypical majority, including those of autistic people; dyslectic people; and people with ADHD, the most promising would be-justifications for such unequal treatment are considered. They maintain respectively that states only have to be neutral toward differences that feature in people’s conceptions of the good life; that addressing the discussed neuro-inequalities is too costly, whether financially or otherwise; that doing so raises intolerable risks of a public backlash; and that a commitment to neuro-neutrality leads to overinclusion. None are found to be convincing across the board, which leads me to conclude that states should become significantly more neuro-neutral than they are today. (shrink)