This volume brings together a wide-ranging collection of the papers written by Jeremy Waldron, one of the most internationally respected political theorists writing today. The main focus of the collection is on substantive issues in modern political philosophy. The first six chapters deal with freedom, toleration and neutrality and argue for a robust conception of liberty. Waldron defends the idea that people have a right to act in ways others disapprove of, and that the state should be neutral vis-á-vis religious (...) and ethical systems. The chapters that follow are concerned with socio-economic rights. Waldron argues that poverty and homelessness are not to be understood apart from the value of freedom. On the contrary our moral response to them should be based on the same values that underlie traditional liberal philosophy. (shrink)

: Liberal rights theory can be used either to challenge or to support social hierarchies of power. Focusing on Ronald Dworkin's theory of rights and Catharine MacKinnon's feminist critique of liberalism, I identify a number of problems with the way that liberal theorists conceptualize rights. I argue that rights can be used to chal-lenge oppressive practices and structures only if they are defined and employed with an awareness and critique of social relations of power.

The necessity of a coordination of rights and virtues is analyzed. Interpreting liberalism as a rights-based morality and Confucianism as a virtue-based morality, the author directs his criticism to the extremes found within both. Through a mutual criticism of liberalism and Confucianism, it is proposed that the coordination of these two moral systems is not only possible, but also necessary for a fulfilling moral society.

Amartya Sen has demonstrated a possible inconsistency between a (liberal) right and Pareto optimality. Neither Sen nor the subsequent literature have discussed the origin of the rights that lead to the liberal paradox. In this article I examine one possible origin of rights definitions-a constitutional contract agreed to by all members of the community. Constitutional rights are show to be vulnerable to a similar paradox as with liberal rights, but if the writers of (...) the constitution were correct in their choice of actions to protect, such paradoxes will be unlikely and involve small welfare losses when they do occur. The article demonstrates that both the origin of rights and their potential role in advancing the interests of citizens can be explained using a utilitarian/welfarist methodology. (shrink)

A Millian response is presented to Sen's celebrated Paretian liberal impossibility theorem. It is argued that Millian Paretian liberalism is possible, if the application of Paretian norms is restricted to the selection of an optimal code of liberal justice and rights, as well as to individual choices made in compliance with the rules of the code. Key steps in outlining the Millian response include suitably modifying Sen's social choice formulation of the idea of claim-right to personal liberty, (...) and incorporating within social choice theory the distinction between a right and its direction of exercise. The Millian response is illustrated in the context of Sen's original example of the ‘prude’ and the ‘lewd’. If the argument is successful, coherent and appealing liberal versions of Pareto-inclusive philosophies such as utilitarianism, contractualism and neo-republicanism are feasible in principle. (Published Online February 16 2006). (shrink)

According to its author, Engineered Death is not a book about the morality of homicide but about intellectual self-consistency—in particular about the self-consistency of the “liberal” view of homicide. The “liberal” view is defined by Woods as the view that murder is morally wrong because, and only because, it is a violation of rights. He tells us that he is concerned to defend neither liberalism in general nor its notion of individual rights in particular, but only (...) to work out the implications of these assumptions for the problems of abortion, suicide, euthanasia, and senecide. It is only in this sense that Woods' disclaimer about the non-ethical nature of his book can be taken seriously. In every other respect it is a treatise on ethics. It puts forward and defends moral theses that are independent of, and in some cases even contrary to, traditional ethical liberalism. (shrink)

In this book, Christopher Heath Wellman offers original theories of political legitimacy and our obligation to obey the law, and then, building upon these accounts, defends a number of distinctive positions concerning the rights and responsibilities individual citizens, separatist groups, and political states have regarding one another.

This volume brings together a wide-ranging collection of the papers written by Jeremy Waldron, one of the most internationally respected political theorists writing today. The main focus of the collection is on substantive issues in modern political philosophy. The first six chapters deal with freedom, toleration and neutrality and argue for a robust conception of liberty. Waldron defends the idea that people have a right to act in ways others disapprove of, and that the state should be neutral vis-á-vis religious (...) and ethical systems. The chapters that follow are concerned with socio-economic rights. Waldron argues that poverty and homelessness are not to be understood apart from the value of freedom. On the contrary our moral response to them should be based on the same values that underlie traditional liberal philosophy. (shrink)

A defining characteristic of a liberal democratic society is the assignment of basic rights and liberties that protect each person’s private sphere. Hence, social choice made in a liberal democratic society must at the very least be consistent with the exercise of each person’s basic rights. However, even when everybody agrees to this basic principle, there could still remain irreconcilable social conflict and disagreement when it comes to the specific assignment of basic rights. This is (...) especially so in a pluralistic society where there is a clash among radically different and incompatible world views. Philosophers have now started to focus on this issue, which now goes by the name “perspectival diversity.” This paper extends the basic social choice theoretic framework of liberal rights by extending the domain to include individual perspectives alongside individual preferences. In this new framework, different individuals are able to see or perceive the same social alternative differently based on their own unique perspectives. The formal results of the paper imply that generating a viable social choice that is consistent with the assignment of basic rights can quickly break down once we start to increase the level of perspectival diversity in society. (shrink)

The Logic of Liberal Rights uses basic logic to develop a model of argument presupposed in all disputes about civil rights and liberties. No prior training in logic is required, as each step is explained. This analysis does not merely apply general logic to legal arguments but is also specifically tailored to the issues of civil rights and liberties. It shows that all arguments about civil rights and liberties presuppose one fixed structure and that there (...) can be no original argument in rights disputes, except within the confines of that structure. Concepts arising in disputes about rights, like 'liberal' or 'democratic', are not mere abstractions but have a fixed and precise character. This book integrates themes in legal theory, political science and moral philosophy, as well as the philosophy of logic and language. For the advanced scholar, the book provides a model presupposed by leading theoretical schools . For the student it provides a systematic theory of civil rights and liberties. Examples are drawn from the European Convention in Human Rights but no special knowledge of the Convention is assumed, as the issues analysed arise throughout the world. Such issues include problems of free speech, religious freedom, privacy, torture, unlawful detention and private property. (shrink)

Many liberals cannot help distrusting deliberative democracy theory. In their view, the theory offers no sufficient guarantee that the outcomes of democratic deliberation will be respectful of individual interests generating what they conceive as basic moral rights. The purpose of this text is to provide one argument showing that liberal rights are sufficiently protected within deliberative democracy theory. The argument does not rest on the idea of moral rights or material justice. It rests on the conditions (...) of legitimate law deliberative democracy theory presupposes, namely, the conditions that make concrete the idea of legitimacy as “actual public justification.”. (shrink)

The purpose of this paper is to expand the usefulness of equal opportunities legislation for females in sport by providing a philosophically based opposition toward the long history of gender stereotypes, embodied in the AEC, that currently limit its effects.

This paper explores the question of whether there can be a right to secede from a liberal state by examining the concept of a liberal state and the different forms of liberalism that may be appealed to in order to justify secession. It argues that where the foundations of the state’s legitimacy are conceived in terms of a non-derivative right to self-determination, then secession from a liberal state may be a justified form of action for different types (...) of groups including ‘illiberal’ ones. If, however, a broader definition of political legitimacy is adopted – one that is predicated upon the liberal notions of individual moral autonomy and equality – then the right to independent statehood will generally not include a right to secede from a state that already upholds these principles. Consequently, liberal theorists of secession are forced to choose between particularizing a right of independent statehood to groups trapped in illiberal states, or acknowledging that the right to secede includes a right to establish an ‘illiberal’ state that bestows upon its citizens unequal rights and entitlements other than a right of exit. (shrink)

The issue of genetic inheritance, and particularly the contradictory rights of donors, recipients and donor offspring as to the disclosure of donor identities, is ethically complicated. Donors, donor offspring and parents of donor offspring may appeal to individual rights for confidentiality or disclosure within legal systems based on liberal rights discourse. This paper explores the ethical issues of non-disclosure of genetic inheritance by contrasting two principle models used to articulate the problem—liberal and communitarian ethical models. (...) It argues that whilst the latter provides a more constructive avenue to providing an ethics for donation than the competing and contradictory positions represented in a liberal rights approach, it raises issues of ethical judgement and authority that remain problematic. This ethical discussion is supported by a field study, funded by the Wellcome Trust, exploring the perceptions and experiences of recipients of donor sperm and their partners towards donor anonymity. The field study provides the empirical basis of an argument for making ethical judgements on the grounds of the community good rather than individual rights, that nevertheless recognises that both are inherently problematic. (shrink)

In On Liberty, Mill famously propounded a view of the good life as the autonomous life. On this view, it is crucial that people develop and exercise, to a high degree, their ability to reason independently about what to believe and what to aim at in life. It is also important that they be able to freely hold and express their beliefs and effectively act on their aims. As Mill put it: The mental and the moral, like the muscular, powers (...) are improved only by being used. ... He who lets the world ... choose his plan of life for him has no need of any other faculty than the ape-like one of imitation. He who chooses his plan of life for himself ... must use observation to see, reasoning and judgment to foresee, activity to gather materials for decision, discrimination to decide, and when he has decided, firmness and self-control to hold his deliberate decision. And these qualities he requires and exercises exactly in proportion as the part of his conduct which he determines according to his own judgment and feelings.... It is possible that he may be guided in some good path ... without any of these things. But what will be his comparative worth as a human being? (p. 56). Two of Mill’s arguments for familiar liberal rights—which include children’s right to a decent education, freedom of conscience, freedom of expression, and freedom of association— appeal to this ideal of autonomy. First, these rights are generally crucial for establishing the conditions under which people can freely make up their own minds about what to believe and how to live, and to act accordingly. Second, a society that respected these rights would, Mill thought, be more likely to have a vibrant public culture, in which divergent opinions and lifestyles lead to a ‘generally high scale of mental activity’, which together ‘raise even persons of the most ordinary intellect to something of the dignity of thinking beings’ (p. 33). (shrink)

When in 2001 Earth Liberation Front activists drove metal spikes into hundreds of trees in Gifford Pinchot National Forest, they were protesting the sale of a section of the old-growth forest to a timber company. But ELF's communiqu on the action went beyond the radical group's customary brief. Drawing connections between the harms facing the myriad animals who make their home in the trees and the struggles for social justice among ordinary human beings resisting exclusion and marginalization, the dispatch declared, (...) "all oppression is linked, just as we are all linked," and decried the "patriarchal nightmare" in the form of "techno-industrial global capitalism." In Total Liberation, David Naguib Pellow takes up this claim and makes sense of the often tense and violent relationships among humans, ecosystems, and nonhuman animal species, expanding our understanding of inequality and activists' uncompromising efforts to oppose it. Grounded in interviews with more than one hundred activists, on-the-spot fieldwork, and analyses of thousands of pages of documents, websites, journals, and zines, Total Liberation reveals the ways in which radical environmental and animal rights movements challenge inequity through a vision they call "total liberation." In its encounters with such infamous activists as scott crow, Tre Arrow, Lauren Regan, Rod Coronado, and Gina Lynn, the book offers a close-up, insider's view of one of the most important--and feared--social movements of our day. At the same time, it shows how and why the U.S. justice system plays to that fear, applying to these movements measures generally reserved for "jihadists"--with disturbing implications for civil liberties and constitutional freedom. How do the adherents of "total liberation" fight oppression and seek justice for humans, nonhumans, and ecosystems alike? And how is this pursuit shaped by the politics of anarchism and anticapitalism? In his answers, Pellow provides crucial in-depth insight into the origins and social significance of the earth and animal liberation movements and their increasingly common and compelling critique of inequality as a threat to life and a dream of a future characterized by social and ecological justice for all. (shrink)

The paper seeks to interpret the liberal paradox in a framework where individual rights are represented as game forms. Several close counterparts, in this framework, of Sen's theorem are considered, and their intuitive significance is discussed.

Liberal-contractarian philosophies of justice see the unjust systems of slavery and autocracy in the past as being based on coercion—whereas the social order in modern democratic market societies is based on consent and contract. However, the ‘best’ case for slavery and autocracy in the past were consent-based contractarian arguments. Hence, our first task is to recover those ‘forgotten’ apologia for slavery and autocracy. To counter those consent-based arguments, the historical anti-slavery and democratic movements developed a theory of inalienable (...) class='Hi'>rights. Our second task is to recover that theory and to consider several other applications of the theory. Finally, the liberal theories of justice expounded by John Rawls and by Robert Nozick are briefly examined from this perspective. (shrink)

This essay sets out from the strain of liberal political thought which, in recent years, has come to the defence of nationalism, and raises some preliminary thoughts concerning its appropriate application to the very concrete issue of national territorial rights. It asks what type of justifications could be morally acceptable to “liberal nationalism” for the acquisition and holding of territory. To this end, the paper takes a brief look at five central arguments for territorial entitlement which have (...) become predominant in political debates. These are: so called “historical rights” to territory; demands for territorial restitution; efficiency arguments; claims of entitlement to territories settled by co‐nationals; and lastly, territorial demands based on claims of equal entitlement to the earth's natural resources. These popular arguments point towards several potential criteria for the arbitration of territorial conflicts. The paper attempts to outline the morally relevant guidelines for thinking about territorial issues that flow from, or are at least consistent with, applying liberal values to the national phenomenon. It places the territorial aspect of nationalism at the head of the liberal nationalist agenda and offers an initial common ground for discussion (including disagreement) among liberals, and for the mediation of claims between nations. (shrink)

This essay provides an internal critique of John Rawls’s case for liberal socialism. A liberal socialist regime combines liberal rights with public ownership of the means of production. The state deliberately manages capital to promote both economic and moral ends. I argue that liberal socialism cannot satisfy Rawls’s own criterion for a well-ordered and legitimate regime: stability for the right reasons. Liberal socialism cannot be stable much as reasonable comprehensive doctrines cannot. Reasonable comprehensive doctrines (...) impose detailed patterns of conduct on citizens in ways they can reasonably reject. Liberal socialism imposes similarly invasive and complex directives through what I shall call reasonable economic plans: multifaceted directives for the ownership and operation of capital that satisfy Rawls’s justice as fairness. Consequently, imposing any reasonable economic plan will destabilize the regime. For this reason, liberal socialism cannot serve as an ideal regime type for Rawlsian egalitarians. (shrink)

One way to characterise the difference between analytic and Continental political philosophy concerns the different roles played by normative and descriptive analysis in each case. This article argues that, even though Michel Foucault’s genealogy of liberal and neoliberal governmentality and John Rawls’s political liberalism involve different articulations of normative and descriptive concerns, they are complementary rather than antithetical to one another. The argument is developed in three stages: first, by suggesting that Foucault offers a way to conceive of public (...) reason as a historical phenomenon. Second, it is suggested that both Rawls and Foucault allow us to consider rights as historical and particular rather than a-historical and universal. Third, it is argued that Foucault’s genealogy of modern liberal government illuminates some of the tensions and some of the alternatives within the liberal tradition in relation to the concept of political legitimacy. (shrink)

Moving beyond theory to the practical aspects of applied ethics, this pragmatic volume provides much-needed perspective on the realities and responsibilities of the human-animal relationship.

What legal rights and duties immigrants should have is among the most ferociously debated topics in the politics of liberal societies today. However, as this article will show, there is remarkably little disagreement of great magnitude among political theorists and philosophers of immigration on the rights and duties of resident immigrants (even in contrast to the closely related philosophical discussion of justice in immigrant admissions). Specifically, this article will survey philosophical positions both on what legal rights (...) immigrants (documented permanent residents, guestworkers, and undocumented immigrants) ought to have (including to citizenship and against deportation), and on what liberal societies may justly do to require immigrants to integrate. This article will reveal that there is a substantial, growing gap between contemporary politics worldwide and what the moral norms of liberalism seem to entail concerning the rights and duties of immigrants. (shrink)

This article considers whether the international legal human rights system founded on liberal individualism, as endorsed by liberal theorists, can function as a fair universal legal regime. This question is examined in relation to the collective right to self-determination demanded by indigenous peoples, who are paradigmatic decent nonliberal peoples. Indigenous peoples’ collective right to self-determination has been internationally recognized in the Declaration on the Rights of Indigenous Peoples, which was adopted by the United Nations in 2007. (...) This historic event may seem to exemplify the international legal human rights system’s ability to function as a truly global legal regime applicable cross-culturally to all well-ordered societies, whether liberal or nonliberal. The article argues, however, that the collective right to self-determination advocated by indigenous peoples for the sake of cultural integrity is inconsistent with the international legal human rights system founded on liberal individualism. By showing the plausibility of indigenous peoples’ defense of their cultural integrity, this article suggests that the international legal human rights system ought to be reconceptualized to reflect a genuine international consensus on human rights among all well-ordered societies if it is to function as a just mechanism for global governance. (shrink)

In replying to my review of The Case for Animal Rights in The New York Review of Books, Tom Regan notes that whereas I use the term ‘the animal liberation movement’ to refer to the many people and organizations around the world advocating a complete change in the moral status of animals, he prefers the label ‘animal rights movement’. There is, he says, ‘more than a verbal difference here’. For immediate practical purposes the difference may not matter very (...) much—Regan and I are plainly at one in our attempts to eliminate the atrocities now inflicted on animals in factory farms, laboratories and in the wild. I am even prepared to speak of ‘animal rights’—just as I am prepared to speak of ‘human rights’—as a shorthand reference to the way in which the needs and desires of animals give rise to moral obligations on our part. But the philosophical difference between those who, like Regan, ground their case for animals on claims about rights, and those who, like me, do not, is fundamental. In the long run it may also have practical implications. This essay explains why I do not, philosophically, accept the animal rights approach. (shrink)

Do people who cause themselves to be ill (e.g. by smoking) forfeit some of their rights to healthcare? This paper examines one argument for the view that they do, the restoration argument. It goes as follows. Smokers need more health‐resources than non‐smokers. Given limited budgets, we must choose between treating everyone equally (according to need) or reducing smokers' entitlements. If we choose the former, non‐smokers will be harmed by others' smoking, because there will be less resources available for them (...) than if no‐one smoked. This is unfair: why should non‐smokers suffer because of others' unhealthy lifestyle choices? We should therefore choose the latter and reduce smokers' entitlements. This paper criticises the restoration argument on the following grounds. In order to avoid generating unpalatable conclusions elsewhere, it must be combined with a principle according to which activities which are sufficiently ‘socially valuable’ (e.g. parenting) are immune from restoration claims. This however means that what was supposed to be one of the argument's most attractive features, its compatibility with ‘liberal neutrality’ with respect to the value of different lifestyles, doesn't really exist. Hence, the restoration argument is nowhere near as attractive as it at first appears to be. (shrink)

In Justice for People on the Move (2020), Gillian Brock argues that immigration bans targeting religions run afoul of international human rights agreements and practices concerning equal protection under the law, freedom of conscience, and freedom of religion. Religion-targeted bans are also said to violate ethical requirements for legitimacy by not treating immigration applicants fairly and signalling the acceptability of hatred and intolerance. Brock centres her discussion around the example of the Trump administration’s 2017 Muslim ban, for which she (...) notes additional problems such as the ban’s being motivated by dubious empirical assumptions about the risk of terrorism. I raise two challenges for Brock’s argument. I begin by asking whether banning the immigration of individuals from certain Muslim majority countries could be justified on the grounds that a large portion of the population in those countries appear to reject core liberal values such as the equal rights of women and homosexuals. This leads to my primary challenge, which concerns the practice of treating religion as a morally protected category such that discrimination based on religion is inherently impermissible. I argue that religions should be viewed as more akin to political ideologies than to morally arbitrary categories like race and sex, and that if a given religion is genuinely harmful to liberal values, an immigration ban could in principle be compatible with respect for human rights. (shrink)

Resumen Tradicionalmente los derechos sociales han sido considerados como derechos positivos que por su naturaleza no deberían formar parte de la constitución. La objeción más común en contra de los derechos sociales constitucionales sostiene que estos son derechos prestacionales y que la constitución está destinada a proteger solo los derechos de no interferencia. En este trabajo muestro que la tesis anterior es disputable y ofrezco argumentos que desde la tradición liberal permiten defender la constitucionalización de los derechos sociales. En (...) términos generales, los argumentos presentados giran en tornos a dos ideas matrices del pensamiento de Rawls vinculadas a su concepción de los ciudadanos como personas que deberían gozar de autonomía, así como a su concepción de sociedad. En términos particulares el trabajo presenta una lectura sistemática de los dos principios de la justicia y un análisis de las nociones de sociedad como sistema de mutua cooperación, así como de las ideas de autorrespeto y poderes morales. Abstract Social rights have been considered positive rights that do not require them to be part of the constitution. The most common objection against constitutional social rights holds that social rights are welfare rights and that, by nature, the Constitution should protect only rights of non-interference. In this paper, I show that the previous thesis is debatable, and I offer a liberal argument to defend the constitutionalisation of social rights. In general terms, the arguments presented rest on two main ideas of Rawls's thought linked to his conception of citizens as autonomous persons, as well as to his conception of society. In particular, the paper proposes a systematic understanding of the two principles of justice and an analysis of the notions of society as a system of mutual cooperation, as well as the ideas of self-respect and moral powers. (shrink)

Kant’s practical philosophy, Rawls’s theory of justice and contemporary human rights thinking are landmarks in liberal discussions of justice. Each forms part of a powerful tradition of political thought, and although their substantive accounts of justice diverge at many points, they also overlap in substantial ways. This article focuses not on their substantive claims about justice, or about other ethical standards, but on their differing views of thequestionsto be addressed, on their proposedjustificationsfor standards of justice, and on a (...) limited range of questions aboutinterpretingandinstitutionalizingthose standards. (shrink)

This essay sets out from the strain of liberal political thought which, in recent years, has come to the defence of nationalism, and raises some preliminary thoughts concerning its appropriate application to the very concrete issue of national territorial rights. It asks what type of justifications could be morally acceptable to “liberal nationalism” for the acquisition and holding of territory. To this end, the paper takes a brief look at five central arguments for territorial entitlement which have (...) become predominant in political debates. These are: so called “historical rights” to territory; demands for territorial restitution; efficiency arguments; claims of entitlement to territories settled by co‐nationals; and lastly, territorial demands based on claims of equal entitlement to the earth's natural resources. These popular arguments point towards several potential criteria for the arbitration of territorial conflicts. The paper attempts to outline the morally relevant guidelines for thinking about territorial issues that flow from, or are at least consistent with, applying liberal values to the national phenomenon. It places the territorial aspect of nationalism at the head of the liberal nationalist agenda and offers an initial common ground for discussion among liberals, and for the mediation of claims between nations. (shrink)

Offers, by way of systematic reconstruction of Rawls's Law of Peoples, a principled view of human rights and liberal toleration.

This essay tackles the question of whether liberal political theory can remain neutral and grant minority cultural rights. It is argued that although consequentialist neutrality is impossible to implement, justificatory neutrality does allow certain benefits to be guaranteed to minorities as rights ? although not as many as most multiculturalists demand. Particular attention is paid to the demands of minority members of exemptions from general laws. The article gives examples of how and why certain exemptions or revisions (...) of general laws are not only permissible but also required from a liberal point of view. (shrink)