Die neue Reihe Ideen&Argumente ist dem Ideal einer pluralistischen und offenen Argumentationskultur verpflichtet und präsentiert in solider Ausstattung Themen und Fragestellungen, die inhaltlich oder methodisch wichtige Beiträge zur zeitgenössischen Philosophie leisten. Die Publikationen sollen die Vorzüge angelsächsischer und kontinentaler Philosophietraditionen in ein produktives Zusammenspiel bringen. Herausragende, systematisch ausgerichtete Originalausgaben und deutsche Erstausgaben aus allen Teilgebieten der Theoretischen und Praktischen Philosophie finden in Ideen&Argumente ihren Platz. Willkommen sind programmatische Monographien jeglicher philosophischer Provenienz. Es gilt, die zeitgenössische Philosophie in ihrer thematischen und (...) methodischen Vielfalt neu zur Geltung zu bringen. (shrink)

This book focuses on the financing of religions, examining some European church-state models, using a philosophical methodology. The work defends autonomy-based liberalism and elaborates how this liberalism can meet the requirements of liberal neutrality. The chapters also explore religious education and the financing of institutionalized religion. This volume collates the work of top scholars in the field. Starting from the idea that autonomy-based liberalism is an adequate framework for the requirement of liberal neutrality, the author elaborates (...) why a liberal state can support religions and how she should do this, without violating the principle of neutrality. Taking into account the principle of religious freedom and the separation of church and state, this work explores which criteria the state should take into account when she actively supports religions, faith-based schools and religious education. A number of concrete church-state models, including hands-off, religious accommodation and the state church are evaluated, and the book gives some recommendations in order to optimize those church-state models, where needed. Practitioners and scholars of politics, law, philosophy and education, especially religious education, will find this work of particular interest as it has useful guidelines on policies and practices, as well as studies of church-state models. (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)

(Winner of The Res Publica Essay Prize) This article defends a moderate version of state perfectionism by using Gerald Gaus’s argument for liberal neutrality as a starting point of discussion. Many liberal neutralists reject perfectionism on the grounds of respect for persons, but Gaus has explained more clearly than most neutralists how respect for persons justifies neutrality. Against neutralists, I first argue that the state may promote the good life by appealing to what can be called (...) “the qualified judgments about the good life,” which have not been considered by liberal perfectionists including Joseph Chan and Steven Wall. Then I clear up several possible misunderstandings of these judgments, and argue that: (a) moderate perfectionism does not rely on controversial rankings of values and is committed to promoting different valuable ways of life by pluralistic promotion; and (b) moderate perfectionism requires only an indirect form of coercion in using tax money to support certain moderate perfectionist measures, which is justifiable on the grounds of citizens’ welfare. Thus, I maintain that moderate perfectionism does not disrespect citizens, and is not necessarily unfair to any particular group of people. It is, in fact, plausible and morally important. The defence of moderate perfectionism has practical implications for the state’s policies regarding art development, drug abuse, public education, and so on. (shrink)

Should government be neutral "on the question of the good life, or of what gives value to life"?1 Some political theorists propose that governmental neutrality is a core commitment of any liberalism worth the name and a requirement of justice. For them, neutrality is the appropriate generalization of the ideal of religious tolerance. The state should be neutral in matters of religion, and neutral also in all controversies concerning the nature of the good or the ways in which (...) it is valuable and worthwhile to live. (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)

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

Compared to other debates in contemporary political philosophy, the light-to-heat ratio of discussions of neutrality has been somewhat dismal. Although most political philosophers seem to know whether they are for it or against it, there is considerable confusion about what “it” is. To be sure, some of this ambiguity has been noted, and at least partially dealt with, in the literature. Neutrality understood as a constraint on the sorts of reasons that may be advanced to justify state action (...) is regularly distinguished from “consequential neutrality”—that the effects of state policy must somehow be neutral.1 Yet interpretations of neutrality are far more diverse than most analyses recognize.2 Neutrality is sometimes understood as a doctrine about: the intent or aim of legislation or legislators,3 the proper functions of the state,4 the prohibition of the state “taking a stand” on some issues,5 the prohibition of the state enforcing moral character,6 or the requirement that the state take a stance of impartiality.7 Alternatively, neutrality can be understood as a requirement of a theory justice rather than state action.8 There are also differences about whether neutral states (or theories.. (shrink)

John Rawls’s political liberalism and its ideal of public reason are tremendously influential in contemporary political philosophy and in constitutional law as well. Many, perhaps even most, liberals are Rawlsians of one stripe or another. This is problematic, because most liberals also support the redefinition of civil marriage to include same-sex unions, and as I show, Rawls’s political liberalism actually prohibits same- sex marriage. Recently in Perry v. Schwarzenegger, however, California’s northern federal district court reinterpreted the traditional rational basis review (...) in terms of liberal neutrality akin to Rawls’s “public reason,” and overturned Proposition 8 and established same-sex marriage. (This reinterpretation was amplified in the 9th Circuit Court’s decision upholding the district court on appeal in Perry v. Brown.) But on its own grounds Perry should have drawn the opposite conclusion. This is because all the available arguments for recognizing same-sex unions as civil marriages stem from controversial comprehensive doctrines about the good, and this violates the ideal of public reason; yet there remains a publicly reasonable argument for traditional marriage, which I sketch here. In the course of my argument I develop Rawls’s politically liberal account of the family by drawing upon work by J. David Velleman and H. L. A. Hart, and discuss the implications of this account for political theory and constitutional law. (shrink)

Many liberals believe that government should not base its decisions on any particular conception of the good life. Many believe, further, that this principle of neutrality is best defended through appeal to some normative principle about autonomy. In this essay, I shall discuss the prospects of mounting one such defense. I say only “one such defense” because neutralists can invoke the demands of autonomy in two quite different ways. They can argue, first, that because autonomy itself has such great (...) value, the state can produce the best results by simply allowing each citizen to shape his own life; or they can argue, second, that even if non-neutral policies would produce the most value, the state remains obligated to eschew them out of respect for its citizens' autonomy. Here I shall discuss only the first and more consequentialist of these arguments. (shrink)

This paper explores tensions in Ronald Dworkin's liberal theory (and liberalism more generally) about the appropriate relationship of the state to the different conceptions of the good that may be adopted by its citizens. Liberal theory generally supposes that the state must exhibit a kind of impartiality to different conceptions of the good. This impartiality is often thought to be captured by an anti-perfectionist ideal of liberal neutrality. But neutrality is often criticized as an ideal (...) that lacks adequate theoretical support and is difficult to reconcile with liberalism's commitment to government support of various elements of a community's culture. Nonetheless, Dworkin has tried to explain systematically how his egalitarian brand of liberalism can explain the appropriateness of a particular variety of neutrality. I argue, however, that Dworkin's account of the relationship between liberalism and the good is ambiguous. I suggest that an ideal of tolerance which embraces a mild form of perfectionism fits better with the egalitarian foundations of Dworkin's liberalism than neutrality. Moreover, tolerance is an ideal through which familiar tensions about the liberal state's relationship to the good may be resolved. (shrink)

This paper explores tensions in Ronald Dworkin's liberal theory (and liberalism more generally) about the appropriate relationship of the state to the different conceptions of the good that may be adopted by its citizens. Liberal theory generally supposes that the state must exhibit a kind of impartiality to different conceptions of the good. This impartiality is often thought to be captured by an anti-perfectionist ideal of liberal neutrality. But neutrality is often criticized as an ideal (...) that lacks adequate theoretical support and is difficult to reconcile with liberalism's commitment to government support of various elements of a community's culture. Nonetheless, Dworkin has tried to explain systematically how his egalitarian brand of liberalism can explain the appropriateness of a particular variety of neutrality. I argue, however, that Dworkin's account of the relationship between liberalism and the good is ambiguous. I suggest that an ideal of tolerance which embraces a mild form of perfectionism fits better with the egalitarian foundations of Dworkin's liberalism than neutrality. Moreover, tolerance is an ideal through which familiar tensions about the liberal state's relationship to the good may be resolved. (shrink)

Journal of Social Philosophy, EarlyView.

This chapter contains sections titled: The Concept of Neutrality Liberal Moral Neutrality Liberal Political Neutrality The Implications of Liberal Political Neutrality Notes.

In Patterns of Moral Complexity, Charles Larmore describes three related ways in which moral and political theory are more complex than is often allowed. He objects to three parallel simplifications: that moral decision making largely consists in the application of rules to particular situations; that the ideals by which we are guided in our personal lives should also do service as political ideals, a simplification which he calls “expressivism”; and that there is but a single source of moral value. Against (...) these simplifications he argues in a sort of Aristotelian way for the centrality of judgment in moral reasoning; for the liberal principle that the state should not strive to express our highest personal ideal; and for the, I suppose eclectic, view that partiality, deontological reasons, and consequentialist reasons all have a place in moral reasoning and that therefore the moral person may well be caught in conflicts that present him or her with tragic choices. These are the three “patterns of moral complexity” that the title of the book refers to. (shrink)

Institutions promoting republican freedom as non-domination are commonly believed to differ significantly from institutions promoting negative freedom as non-interference. Philip Pettit, the most prominent contemporary defender of this view, also maintains that these republican institutions are neutral between the different conceptions of the good that characterise a modern society. This paper shows why these two views are incompatible. By analysing the institutional requirements Pettit takes as constitutive of republican freedom, I show how they also promote negative freedom by reducing overall (...) interference. To avoid this result, republican institutions must be more restrictive and require that citizens conform to a life of political engagement. But then republican freedom will not be a neutral ideal. Rejecting negative freedom therefore means sacrificing neutrality. (shrink)

Descartes is typically interpreted as asserting two related theses: 1) that the will is absolutely free in the sense that no bodily state can compel it or restrain its activity; and 2) that error is always avoidable, no matter what the condition of the body. On the basis of Descartes’s discussions of insanity and dreaming, I argue that both of these interpretive claims are false. In other words, Descartes acknowledged that a diseased or otherwise out of sorts body can compel (...) the will to affirm obscure and confused perceptions. After marshalling textual evidence for this conclusion, I go on to show how Descartes’s acknowledgment of physically induced impaired judgment can be squared with his unqualified assertions of free will, his commitment to the non-deceptiveness of God, and his epistemology. (shrink)

Descartes is typically interpreted as asserting two related theses: 1) that the will is absolutely free in the sense that no bodily state can compel it or restrain its activity; and 2) that error is always avoidable, no matter what the condition of the body. On the basis of Descartes’s discussions of insanity and dreaming, I argue that both of these interpretive claims are false. In other words, Descartes acknowledged that a diseased or otherwise out of sorts body can compel (...) the will to affirm obscure and confused perceptions. After marshalling textual evidence for this conclusion, I go on to show how Descartes’s acknowledgment of physically induced impaired judgment can be squared with his unqualified assertions of free will, his commitment to the non-deceptiveness of God, and his epistemology. (shrink)

Descartes is typically interpreted as asserting two related theses: 1) that the will is absolutely free in the sense that no bodily state can compel it or restrain its activity; and 2) that error is always avoidable, no matter what the condition of the body. On the basis of Descartes’s discussions of insanity and dreaming, I argue that both of these interpretive claims are false. In other words, Descartes acknowledged that a diseased or otherwise out of sorts body can compel (...) the will to affirm obscure and confused perceptions. After marshalling textual evidence for this conclusion, I go on to show how Descartes’s acknowledgment of physically induced impaired judgment can be squared with his unqualified assertions of free will, his commitment to the non-deceptiveness of God, and his epistemology. (shrink)

In this essay, I argue that the privileging of romantic and familial ties by those who believe in the liberal state’s right to exclude prospective immigrants cannot be justified. The reasons that count in favour of these relationships count equally in favour of a great array of relationships, from friends to creative collaborators, and whatever else falls in between. The liberal partialist now faces a dilemma, either the scope of the right to exclude is much more limited or (...) much broader than she previously assumed. (shrink)

This paper considers the effect of political liberal principles on the children in society. Specifically, the paper argues that political liberalism faces a problem where parents or other adults want to pass on bizarre or dangerous beliefs to their offspring. This problem arises because in the political liberal framework the only limit on what doctrines a child may acquire is that the child becomes a reasonable citizen. Since this criterion is designed to be lax, this implies children may (...) justly be inculcated with views that may undermine their welfare in later life. This presents political liberals with a dilemma. Ensuring that children are taught appropriate views requires narrowing the scope of political liberal principles, whilst keeping the broad focus of political liberalism brings with it unpalatable consequences when we consider the next generation. (shrink)

It is a commonplace that in many societies people adhere to profoundly different conceptions of the good. Given this we need to know what political principles are appropriate. How can we treat people who are committed to different accounts of the good with fairness? One recent answer to this pressing question is given by Brian Barry in his important work Justice as Impartiality. This book, of course, contains much more than this. It includes a powerful and incisive discussion of several (...) accounts of distributive justice, a critique of other attempts to defend liberal neutrality and a rebuttal of those who are critical of the ideal of impartiality. In this paper I wish, however, to focus on Barry's defence of liberal neutrality. The paper falls into three parts. Section I outlines the thesis that Barry wants to defend and gives a brief sketch of the argument he employs to defend it. Barry's argument makes two claims – what I have termed the Sceptical Thesis and the Agreement Thesis. Section II therefore critically assesses Barry's defence of the sceptical thesis and Section III examines the agreement thesis. (shrink)

The principle of liberal neutrality requires governments to avoid acting to promote particular conceptions of the good life. Yet by determining who uses natural resources and how, environmental policy makers can affect the availability of resources needed by individuals to carry on meaningful lives and in doing so can effectively privilege some versions of the good life at the expense of others. A commitment to liberal neutrality by implication promotes environmental policy that accommodates competing activities in (...) order to provide a wide range of resources that can support diversity in individual lives. It also encourages caution with regard to legislation based on deep ecology, the intrinsic value of species, and the fear of impending environmental catastrophe. (shrink)

The principle of liberal neutrality requires governments to avoid acting to promote particular conceptions of the good life. Yet by determining who uses natural resources and how, environmental policy makers can affect the availability of resources needed by individuals to carry on meaningful lives and in doing so can effectively privilege some versions of the good life at the expense of others. A commitment to liberal neutrality by implication promotes environmental policy that accommodates competing activities in (...) order to provide a wide range of resources that can support diversity in individual lives. It also encourages caution with regard to legislation based on deep ecology, the intrinsic value of species, and the fear of impending environmental catastrophe. (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.

This paper examines the political philosophy of Liberalism with particular focus on the principles of liberal neutrality and value pluralism. These principles, which are advocated by the most prominent contemporary liberal theorists mark a significant departure from classical liberalism and its monistic approach to seeking truth and the good. I argue that the shift to neutrality and pluralism have done a disservice to liberalism and that the cultivation of discrimination skills is needed to deal with the (...) complex tasks of making decisions intelligently and effectively. (shrink)

Liberals often view religion chiefly as "a problem" for democratic discourse in modern pluralistic societies and propose an allegedly neutral solution in the form of philosophical distinctions between "the right" and "the good" or populist invocations of a "right to choose." Drawing on cultural theory and ethnographic research among activists in the Oregon debates over the legalization of physician-assisted suicide, I demonstrate that liberal "neutrality" harbors its own cultural bias, flattens the complexity of public debates, and undermines liberalism's (...) own commitments to equality. I conclude that the praiseworthy liberal goal of impartiality in policy decisions would best be met not by the inaccessible norm of neutrality but by a norm of inclusivity, which intentionally solicits multiple cultural perspectives. (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)

This paper suggests that moral neutrality erodes the liberal practices which sustain a free society. It supports the Polanyian claim that a free society is the political arrangement which is best able to realise universal ideals.

Neutralists have argued that there is something illiberal about linking access to gift-like resources to work requirements. The central liberal motivation for basic income is to provide greater freedom to choose between different ways of life, including options attaching great importance to non-market activities and disposable time. As argued by Philippe Van Parijs, even those spending their days surfing should be fed. This article examines Van Parijs' dual commitment to a ‘real libertarian’ justification of basic income and the public (...) enforcement of a strong work ethos, which serves to boost the volume of work at a given rate of taxation. It is argued (contra Van Parijs) that this alliance faces the neutrality objection: the work ethos will largely offset the liberal gains of unconditionality by radically restricting the set of permissible options available. A relaxed, non-obligatory ethos might avoid this implication. This view, however, is vulnerable to the structural exploitation objection: feasibility is achieved only because some choose to do necessary tasks to which most people have the same aversion. In light of these objections, the article examines whether there is a morally untainted feasibility path consistent with liberal objectives. (shrink)

Michel Foucault (1926-84) was one of the most renowned of late 20th century social philosophers. He covered an enormous range: from sexuality to prisons; from identity to power; from knowledge to politics. The essays written for this book range over all of Foucault's work, but their main critical focus is upon objectivity, power and knowledge. The very possibility of a critical stance is a recurring theme in all of Foucault's works, and the contributors vary in the ways that they relate (...) to his key views on truth and reason in relation to power and government. (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 (...) class='Hi'>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)