This book is a collection of eleven essays by one of the most interesting moral philosophers currently writing. It examines challenges to liberal thought posed by the changing circumstances of the modern world such as the conflicting tendencies toward global integration, and greater ethnic and communal identification. The author considers whether liberal principles of justice can accommodate social and global interdependencies while reaffirming the importance of individual responsibility and acknowledging the significance of people's diverse personal and communal allegiances.

This paper offers an account of two political traditions. The first tradition is that of allegiance to abstract principles and procedures; the second is that of responsiveness to the needs of persons and communities. The first two parts of the paper describe some of the basic features of each tradition, while also paying attention to the problems and difficulties within them. The third part of the paper shows how we can see the same tension, i.e., between allegiance and (...) responsiveness, at play in the practice of public philosophy. The paper argues for the importance of maintaining a tension between the two traditions. Ultimately, the paper calls for more attention to be paid to the relationship between, on the one hand, how we understand law and pursue justice, and, on the other, how we practice public philosophy. (shrink)

A Common Justice: The Legal Allegiances of Christians and Jews under Early Islam. By Uriel I. Simonsohn. Divinations: Rereading Late Ancient Religion. Philadelphia: University of Pennsylvania Press, 2011. Pp. ix + 306. $79.95, £52.

In this paper I shall analyse in detail one part of Hume 's writing on politics in order to explain and criticise his method of inquiry there. This will involve me in assessing the value of Hume 's contribution in this section of his work to the theory of politics. I shall make my investigation into Hume 's method bearing in mind his admiration of Newton and other natural scientists and his intention of adopting their methods in his studies.

In the Pledge of Allegiance we pledge our loyalty, not to the United States as it may exist at any particular moment, but to the flag and what it represents: an ideal United States that maintains "liberty and justice for all." When we say the Pledge we commit ourselves to this ideal, and to the ongoing struggle of bringing our actual nation into alignment with it.

Democracy and justice are often mutually antagonistic ideas, but in this innovative book Ian Shapiro shows how and why they should be pursued together. Justice must be sought democratically if it is to garner legitimacy in the modern world, he claims, and democracy must be justice-promoting if it is to sustain allegiance over time. _Democratic Justice_ meets these criteria, offering an attractive vision of a practical path to a better future. Wherever power is exercised in human (...) affairs, Shapiro argues, the lack of democracy will be experienced as injustice. The challenge is to democratize social relations so as to diminish injustice, but to do this in ways that are compatible with people’s values and goals. Shapiro shows how this can be done in different phases of the human life cycle, from childhood through the adult worlds of work and domestic life, retirement, old age, and approaching death. He spells out the implications for pressing debates about authority over children, the law of marriage and divorce, population control, governing the firm, basic income guarantees, health insurance, retirement policies, and decisions made by and for the infirm elderly. This refreshing encounter between political philosophy and practical politics will interest all those who aspire to bequeath a more just world to our children than the one we have inherited. (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)

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)

This chapter examines some of the conceptions of order and justice that are present in the Islamic world. It argues that many Islamic states have been willing to accommodate themselves to an international society based on the idea of sovereign equality. However, one of the impacts of globalization has been to shift the allegiances of some members of these states from territorially based political communities to those based on religious or cultural identity. Some of the radical Islamist groupings that (...) have emerged in recent years and have voiced a range of grievances are seeking nothing less than the overturning of prevailing international and domestic orders. Although the outcome of this complex challenge is impossible to predict, one consequence is that it has created space for the emergence of a new and possibly transformational Islamic civil society, which directs its attention principally to the reform of Muslim societies themselves. (shrink)

For over twenty years, Brian Barry has been writing on the foundations of a liberal-democratic constitutional order. Standing against the trend towards relativism in political philosophy, Barry offers a contemporary restatement of the Enlightenment idea that certain basic principles can validly claim the allegiance of every reasonable human being.

A resurgence of national and international interest in citizenship education, citizenship and social cohesion has been coupled with an apparent emergence of a language of crisis (Sears & Hyslop‐Margison, 2006). Given this background, how can or should one consider a subjective sense of membership in a single political community? What this article hopes to show is that confining the subject of citizenship or patriotism to a national framework is inadequate in as much as there are grounds to argue for a (...) more expansive and, at the same time, integrated outlook. Patriotism, like Citizenship, is still open to interpretation and potentially in danger of falling short of a richer conception. Education, therefore, needs to incorporate inclusive practices and encourage an integrative mindset in order to accommodate: increasingly complex identities, associations, experiences and continuing changes in the political landscape. In this article, the author argues for the importance of learning ways in which to value and respect diversity while working towards a principle of unity in diversity. Cultivating a subjective sense of membership in a single world polity is vital in matters pertaining to sustainability and justice. In response to considering possible ways of sharing a subjective sense of membership in a single community and some implications for Citizenship, Patriotism and Citizenship Education, this article looks to three areas: ways in which to understand the notion of citizenship and patriotism, cultural crises and the notion of a cosmopolitan nation and, finally, the personal dimension to education for world citizenship. (shrink)

A collection of the author's new and reprinted papers in general jurisprudence. Chapters: -/- Introduction: A Philosophy of Legal Philosophy -/- Law, As Such 1. The Concept of Law Revisited 2. Law as a Means 3. Custom and Convention at the Foundations of Law 4. Realism and the Sources of Law 5. Feminism in Jurisprudence -/- Law and Morality 6. The Germ of Justice 7. The Inseparability of Law and Morals 8. The Morality in Law 9. The Role of (...) a Judge 10. Should Law Improve Morality? -/- The Demands of Law 11. Hume on Allegiance 12. Associative Obligations and the State 13. The Forces of Law 14. The Duty to Govern. (shrink)

This study aims to investigate the impact of justice perception of the employees on three dimensions of employee-based brand equity under the mediating role of psychological contract fulfillment. For this purpose, data have been collected from the employees of the education industry under the convenience sampling technique. In this regard, a survey method was used, and questionnaires were distributed among 420 respondents, out of which 310 questionnaires were received back, and after discarding 32 partially filled questionnaires, useable responses were (...) left. Data have been analyzed through structural equation modeling, and the partial least square -SEM approach has been used in this regard through the Smart PLS software. Measurement and structural models were assessed, and all the indicators of reliability and validity have been found to be fit. Path estimation indicates that perception of justice promotes brand endorsement and brand allegiance, while the relationship of perception of justice and brand-consistent behavior has not been found statistically significant. Moreover, it has also been found that perception of justice ensures employees that their psychological contract has been met. In addition, psychological contract fulfillment has found a mediating mechanism between the perception of justice and the three dimensions of EBBE. (shrink)

The central notion in this article is ‘pluriform accommodation,’ a term that we have coined to defend two lines of thought. The first is a plea for inclusive and consequential neutrality; the second is a closely linked plea for reasonable accommodation. With ‘pluriform accommodation’ we emphasize that the multicultural recognition scope should be expanded. The need for inclusive and accommodative rules, laws, and practices is a matter of principle and as such cannot be reduced to the inclusion of people with (...) an immigration background who bring with them all kinds of ethnocultural and religious practices, convictions, and traditions. Furthermore, the enshrined freedom of religion does not provide the needed protection for the multiplicity of conscientious identifications, convictions, and strong allegiances that might be central to one’s sense of self. We argue that we should not engage in (top down) debates about the rights of individuals and groups of different types and think in terms of identity hierarchies, but instead should consider the various claims being made (bottom up), aiming for common standards and criteria to assess the validity of these claims and the reasonableness of the associated accommodations. (shrink)

The central notion in this article is ‘pluriform accommodation,’ a term that we have coined to defend two lines of thought. The first is a plea for inclusive and consequential neutrality; the second is a closely linked plea for reasonable accommodation. With ‘pluriform accommodation’ we emphasize that the multicultural recognition scope should be expanded. The need for inclusive and accommodative rules, laws, and practices is a matter of principle and as such cannot be reduced to the inclusion of people with (...) an immigration background who bring with them all kinds of ethnocultural and religious practices, convictions, and traditions. Furthermore, the enshrined freedom of religion does not provide the needed protection for the multiplicity of conscientious identifications, convictions, and strong allegiances that might be central to one’s sense of self. We argue that we should not engage in (top down) debates about the rights of individuals and groups of different types and think in terms of identity hierarchies, but instead should consider the various claims being made (bottom up), aiming for common standards and criteria to assess the validity of these claims and the reasonableness of the associated accommodations. (shrink)

Drawing from our interdisciplinary qualitative study of LGBTI conservative Christians and their allies, we name an especially toxic form of shame—what we call sacramental shame—that affects the lives of LGBTI and other conservative Christians. Sacramental shame results from conservative Christianity's allegiance to the doctrine of gender complementarity, which elevates heteronormativity to the level of the sacred and renders those who violate it as not persons, but monsters. In dispensing shame as a sacrament, nonaffirming Christians require constant displays of shame (...) as proof that LGBTI church members love God and belong in the community. Part of what makes this shame so harmful is that parents and pastors often dispense it with sincere expressions of care and affection, compounding the sense that one's capacity to give and receive love is damaged. We foreground LGBTI Christian movements to overcome sacramental shame by cultivating nonhubristic pride, and conclude by discussing briefly their new understandings of love and justice that could have far‐reaching benefits. (shrink)

Acts of civil disobedience and conscientious objection provide valuable indications of the congruence of political outcomes with citizens’ conceptions of justice and the good. As their primary concern is substantive, their logic seems extraneous to procedural approaches to justice. Accordingly, it has often been argued that these latter condemn citizens to a ‘deaf-and-blind’ acceptance of the outcomes of agreed procedures. A closer analysis of such acts of contestation shall reveal that although, for proceduralism, the outcomes of just procedures (...) cannot be contested as unjust, they may be contested on the ground of values other than justice, such as someone’s religious/ethical allegiances. Proceduralism about justice will be thus shown to be consistent with the commitment to realising certain outcome-oriented values. (shrink)

Three elements of Waldron’s defense of the natural duty of justice account are considered: the understanding of the natural duty of justice, the conceptualization of the special allegiance objection, and the argument for the distinction between the insiders and outsiders. All three are found problematic.I argue that Waldron conflates the natural duty of justice with the duty not to harm. Further, I contend that the special allegiance objection is not really dealt with.Finally, I maintain that (...) Waldron’s distinction between the insiders and outsiders fails if the natural duty of justice account is not supplemented with fairness theory. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:The Commandment against the Law Writing and Divine Justice in Walter Benjamin’s “Critique of Violence”Tracy McNulty (bio)Pierre Legendre has shown that the Romano-canonical legal traditions that form the foundations of Western jurisprudence “are founded in a discourse which denies the essential quality of the relation of the body to writing” [“Masters of Law” 110]. It emerges historically as a repudiation of Jewish legalism and Talmud law, where the (...) rite of circumcision encodes the subject’s entry into law as an “allegiance to the absolute Writing,” or the “relationship between the human subject and the logical place of the Other” [110–11; see also “les juifs”]. In this shift, one understanding of writing is displaced by another: the material inscription of the letter, as an incommunicable limit or cut, is supplanted by the fantasy of what Legendre calls a “living writing,” a writing “in the heart” that promotes an ideal of perfect communication in which nothing is lost, in which meaning is lodged in an absolute Other who guarantees all knowledge. In his words, “we belong to a culture in which a mystically alienated human body stands in the place of the absolute book. The state has emerged from this structure.... Its basic characteristics can be set out by means of a fundamental Romano-pontifical maxim: the Emperor carries all the archives in his breast (omnia scrinia habet in pectore suo)” [“Masters of Law” 109].The ultimate theological source of this Roman maxim is Paul’s polemic against the Jewish law in the Epistle to the Romans. Paul’s polemic is structured by a distinction between two orders of law: the “law of God” and the “law of sin.” The first is associated with the intelligible “spirit” of the law, which is “written in the heart,” the second with the prescriptive “letter” of the Jewish law, which compromises or corrupts the first by binding it to a particular representation and consigning it to written form. Paul’s solution is to bypass the law, to bypass representation, and perhaps even language itself. The prescriptive “letter” of the Jewish law must be sublated by the law of the spirit, such that “we serve not under the old written code but in the new life of the Spirit” [Romans 7: 6]. Christ, as the living embodiment of the law of God, upholds the spirit of the law by “fulfilling”––and so rendering obsolete–its written form.The doctrine of Christ as the “living law” sustains what Legendre describes as a “banalisation of writing” [“Masters of Law” 111], a disregard for its material inscription that holds the letter to be nothing more than a placeholder, a flawed or incomplete representation of a meaning or truth that is itself beyond words. At the same time, it makes possible the legal and political fantasy of a living writing, located in a single body understood as the site of interpretive authority. The extraction of a meaning or truth from the intractable letter becomes the ultimate aim of the legal order and the most lofty task of its sovereign interpreter, uniquely charged with animating the dead letter. This notion permeates what Peter Goodrich describes as “the most standard protocols of legal reading,” according to [End Page 34] which “it is not the letter but the spirit that determines the meaning of the law”:The text is composed of dead letters (litera mortua); the rule is no more than a “mute judge,” a sleeping form, requiring the interposition, anima legis, of jurist or judge.... [T]he meaning of the law is internal to its living body, viva vox iuris or lex loquens, its image, interpreter, or legislator. In classical terms it is spelled out by reference to something beyond words: “to know the law is not to know the words of the law, but its force and power.” In a renaissance formulation we are similarly told that “no words, forms, niceties, or propriety of language is of any regard in the Civil Law, in comparison to truth, faithfulness and integrity. For verba menti, non verbis servire debet; words, are made as instruments to serve and express the mind, and not to command it.”[229–30]1... (shrink)

"Case notes." Ethos: Official Publication of the Law Society of the Australian Capital Territory, (199), pp. 34–35.

Frege’s claim that proper names have senses has come to seem untenable following Kripke’s argument that names are rigid designators. It is commonly thought that if names had senses, their referents would vary with circumstances of evaluation. The article defends Frege’s claim by arguing that names have word-reflexive senses. This analysis of names’ senses does not violate Kripke’s noncircularity condition, and it differs crucially from related views of Bach and Katz. That names have reflexive senses confirms Frege’s own solution to (...) his puzzle about the content of identity sentences, solves Kripke’s Pierre and Peter puzzles about belief ascription, and entails that bearerless names have meanings. Furthermore, names’ having reflexive senses explains why they designate rigidly. (shrink)

"On Sense and Reflexivity" offers the answer to a crucial question that was posed, and left without a satisfactory answer, by Gottlob Frege in "On Sense and Reference" (1892): What is the sense of a proper name? The century-long failure to answer this question has been the main motivation and support for recent nondescriptional accounts of lexical singular terms.

After much of the 20th Century, when morals were widely considered little more than mere emotional responses, a range of writers, such as Haidt, Prinz, and Patricia Churchland, have been restoring the emotions’ respectable roles in human cognition and morality. Nussbaum in her Upheavals of Thought showed how important emotions are for human cognitive life, so there is no clear distinction between their “irrationality” and the cerebral cortex’s supposed “rationality.” In Political Emotions, Nussbaum asks readers to look into how pivotally (...) emotions affect political life, especially how we may best gear our emotions for political liberalism. As she convincingly urges, politics depend upon our emotions; we neglect them to our detriment lest demagogues commandeer them. She argues a hazardous case, and by the end anyone who cares about liberal democracy should accede to emotions’ centrality in it.Nussbaum builds her case upon what she deems partially failed models for a civic religion as pro .. (shrink)

Singular-term semantics has been intractable. Frege took the referents of singular terms to be their semantic values. On his account, vacuous terms lacked values. Russell separated the semantics of definite descriptions from the semantics of proper names, which caused truth-values to be composed in two different ways and still left vacuous names without values. Montague gave all noun phrases sets of verb-phrase extensions for values, which created type mismatches when noun phrases were objects and still left vacuous names without values. (...) There is a single type of value for all noun phrases that dissolves the difficulties which have beset singular-term semantics. (shrink)

It is generally accepted that Mill’s classification of names as nonconnotative terms is incompatible with Frege’s thesis that names have senses. However, Milldescribed the senses of nonconnotative terms—without being aware that he was doing so. These are the senses for names that were sought in vain by Frege. When Mill’s and Frege’s doctrines are understood as complementary, they constitute a fully satisfactory theory of names.

Frege's thesis that each singular term has a sense that determines its reference and serves as its cognitive value has come to be widely doubted. Saul Kripke argued that since names are rigid designators, their referents are not determined by senses. David Kaplan has argued that the rigid designation of indexical terms entails that they also lack referent–determining senses. Kripke's argument about names and Kaplan's argument about indexical terms differ, but each contains a false premise. The referents of both names (...) and indexical terms are determined by reflexive senses. It is reflexive sense that makes these terms rigid designators. (shrink)

Frege's thesis that each singular term has a sense that determines its reference and serves as its cognitive value has come to be widely doubted. Saul Kripke argued that since names are rigid designators, their referents are not determined by senses. David Kaplan has argued that the rigid designation of indexical terms entails that they also lack referent–determining senses. Kripke's argument about names and Kaplan's argument about indexical terms differ, but each contains a false premise. The referents of both names (...) and indexical terms are determined by reflexive senses. It is reflexive sense that makes these terms rigid designators. (shrink)

It is generally accepted that Mill’s classification of names as nonconnotative terms is incompatible with Frege’s thesis that names have senses. However, Milldescribed the senses of nonconnotative terms—without being aware that he was doing so. These are the senses for names that were sought in vain by Frege. When Mill’s and Frege’s doctrines are understood as complementary, they constitute a fully satisfactory theory of names.

ABSTRACT Every social order depends on a pathway to atonement for those who breach behavioral expectations. However, observers from a variety of fields now agree that the United States has entered an age of non-apology, where the two words “I’m sorry” simply cannot be said, particularly by powerful men facing allegations of sexual misconduct. This essay draws attention to, and comments upon, this trend. We first identify the sociopolitical factors that have inaugurated the era of non-apology, namely growing political polarization. (...) We then explain the consequences of this shift in societal expectations surrounding apology. This state of affairs, which associates genuine apology with emasculation and defeat, is harmful: it foments a toxic culture that will not allow redress for survivors of sexual assault and harassment; and it provides no answers to complex questions of how society can address the guilt of those who engage in sexual misconduct. (shrink)