Avoiding The Unavoidable? Judith Shklar’s Unwilling Search For An Overlapping Consensus

No less an authority than John Rawls identified Judith Shklar as a ‘political’ liberal. However, though their respective conceptions of political liberalism are similar in a number of important respects, Shklar emphasizes that her vision differs notably from that of Rawls. In particular, she explicitly eschews Rawls’s focus on establishing and sustaining an overlapping consensus, arguing that his belief in the possibility of securing such a consensus is naïve and, indeed, dangerous insofar as it embodies an obvious disregard for the painful lessons of history and thereby not only allows but invites the occurrence of new cruelties and horrors. Obviously, such an approach would seem to diverge dramatically from that promoted by Rawls and many other political liberals. The purpose of this essay is to analyze Shklar’s arguments and determine the validity of her claims regarding the differences between her conception and that of Rawls and, in so doing, assess the extent to which Shklar’s ‘liberalism of fear’ can be said to represent a meaningfully distinctive model of political liberalism.     

Liberal Nationalism and Territorial Rights

Abstract 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.     

Contingency in Political Philosophy

The paper examines John Horton’s realist political theory, in particular his critique of John Rawls’s “high” or “liberal moralism”, and seeks to determine the extent to which, together with Horton, we would have reasons to leave Rawls’s and other Rawlsian accounts behind. The paper argues that some of the insights of Horton’s realism are mistaken, whereas many of those which are not mistaken are compatible with liberal moralism correctly understood. The argument is also formulated in terms of contingency, in particular in terms of a contrast between the realist emphasis on the contingency of human existence and the liberal moralism’s neglect or inability to properly account for it, due to a strong focus on necessity.     

Toward a liberal socialist cosmopolitan nationalism

I explicate and defend a form of liberal socialist nationalism. It is also a nationalism which is cosmopolitan. Explication and explanation are crucially in order here, for it is not unreasonable to believe that ‘cosmopolitan nationalism’ and ‘liberal socialist nationalism’ and even ‘liberal nationalism’ are oxymoronic. Against that I argue that there is a straightforward understanding of these concepts and their relations to each other that does not have inconsistencies or even paradoxes. Liberal socialism properly understood goes well with cosmopolitanism (both moral and institutional), and there are plausible and attractive forms of both liberalism and socialism that go together. Moreover, the only candidate for a nationalism that would survive careful reflective inquiry is a liberal nationalism: a nationalism which is neither ethnic nor civic. It is widely believed, however, that even a liberal nationalism is incompatible with cosmopolitanism. I contend in a series of arguments that in contexts where nationalism is rightly on the agenda the form that it should take is that of a liberal nationalism, and it is further argued that to be viable, nationalism requires cosmopolitanism.     

Rawlsian Stability

Despite great advances in recent scholarship on the political philosophy of John Rawls, Rawls’s conception of stability is not fully appreciated. This essay aims to remedy this by articulating a more complete understanding of stability and its role in Rawls’s theory of justice. I argue that even in A Theory of Justice Rawls (i) maintains that within liberal democratic constitutionalism judgments of relative stability typically adjudicate decisively among conceptions of justice and (ii) is committed to (i) more deeply than to the substantive content of justice as fairness. This essay thus emphasizes the continuity of Rawls’s thought over time and motivates the position that Rawlsian stability is as philosophically significant and distinctively Rawlsian as justice as fairness itself.     

Religion,difference and the promise of liberal political theory: on Abeysekara's The Politics of Postsecular Religion

Ananda Abeysekara's work revolves around the ‘aporia of our democratic existence.’ This review offers a close analysis of this puzzle and then connects it to the historical process whereby the internal dynamics of western Christianity gave shape to normative political theory. Normative political models have a peculiar relation to the empirical world. At any point, one can judge the factual empirical situation in a liberal democracy – no matter what that factual situation is – as deficient vis-à-vis norms like equality, freedom of expression, religious freedom and separation of church and state. The trouble is that we do not know what the ‘complete’ fulfillment of these norms would look like. Still, these norms propel political analysis: as Abeysekara notes, classical and postcolonial studies of conflict in Sri Lanka build on a set of deep-seated norms about ‘difference,’ ‘unity’ and ‘humanism,’ which have emerged from the Christian dynamic of universalization that laid the foundations of liberal political theory.     

Rawlsian Civic Education: Political not Minimal

abstract In Political Liberalism and later work John Rawls has recast his theory of justice as fairness in political terms. In order to illustrate the advantages of a liberal political approach to justice over liberal non‐political ones, Rawls discusses what kind of education might be required for future citizens of pluralistic and democratic societies. He advocates a rather minimal conception of civic education that he claims to derive from political liberalism. One group of authors has sided with Rawls’ political perspective and educational proposal, holding that a political approach and educational requirements that are not too demanding would have the advantage of being acceptable to a wide range of citizens with different religious, moral and philosophical perspectives. A second group of authors have criticized Rawls’ educational recommendations, holding that the production of a just society composed of reasonable citizens requires a more demanding civic education and, hence, that the political approach is not viable. The present paper argues that both groups are only partially right, and that there is a third way to understand civic education in Rawlsian terms, a way that is political but not minimal.     

The indeterminacy failures of moral cosmopolitanism and liberal nationalism

Much of the discussion on cosmopolitanism and nationalism has focused on their different normative views. The purpose of this article is to shift the attention away from the normative debate to the metatheoretical argument about how we determine moral and political principles independently of each other. I argue that the discussion among proponents of cosmopolitanism and contextualist models boils down to latent methodological and metatheoretical assumptions about what selection of facts are considered politically relevant. In the article, I explore what I call ‘the indeterminacy failure’ of moral cosmopolitanism, that is, the view according to which moral principles fail to determine what political-institutional level might be preferable; and the ‘indeterminacy failure’ of liberal nationalism, that is, the view according to which national identity fails to determine moral principles. In opposition to dichotomist cosmopolitan models (including various nonideal types of moral cosmopolitanism) and alternative contextualist approaches (including the practice-dependence thesis and liberal nationalism), I promote a ‘split-level’ model that is set to avoid the difficulties in the other approaches. The split-level corrects the indeterminacy failures of cosmopolitanism and contextualism by distinguishing clearly between the level of moral theorising and the level of political theorising.     

Realism,Utopianism, and Radical Values

One of the more debated topics in the recent realist literature concerns the compatibility of realism and utopianism. Perhaps the greatest challenge to utopian political thought comes from Bernard Williams' realism, which argues, among other things, that political values should be subject to what he calls the ‘realism constraint’, which rules out utopian arguments based on values which cannot be offered by the state as unrealistic and therefore inadmissible. This article challenges that conclusion in two ways. First, it argues that the rationale for accepting Williams' original argument for the ‘realism constraint’ fails. Secondly, it argues that there is at least one genuinely political value of liberty available which is both compatible with realism and something that cannot be offered by the state, namely that of the political anarchist. This opens the way for far more ambitious and utopian forms of realist political thought and implies that the arguments of what we call political anarchists must be met by (realist) political argumentation, not simply ruled out by methodological stipulation.     

Legitimacy, Democracy and Public Justification: Rawls’ Political Liberalism Versus Gaus’ Justificatory Liberalism

Public justification-based accounts of liberal legitimacy rely on the idea that a polity’s basic structure should, in some sense, be acceptable to its citizens. In this paper I discuss the prospects of that approach through the lens of Gerald Gaus’ critique of John Rawls’ paradigmatic account of democratic public justification. I argue that Gaus does succeed in pointing out some significant problems for Rawls’ political liberalism; yet his alternative, justificatory liberalism, is not voluntaristic enough to satisfy the desiderata of a genuinely democratic theory of public justification. So I contend that—pace Gaus, but also Rawls—rather than simply amending political liberalism, the claims of justificatory liberalism bring out fatal tensions between the desiderata of any theory of liberal-democratic legitimacy through public justification.     

The Individualist? The autonomy of reason in Kant’s philosophy and educational views

Immanuel Kant is often viewed by educational theorists as an individualist, who put education on “an individual track,” paving the way for political liberal conceptions of education such as that of John Rawls. One can easily find evidence for such a view, in “Answer to the Question: ‘What is Enlightenment?’,” as well as in his more metaphysical, moral inquiries. However, the place of reason in Kant’s philosophy––what I call the “autonomy of reason”––spells out a negative rather than positive conception of freedom, from which stems a less individualistic or political liberal education than many presume. I cite both well known and lesser known works in the essay to demonstrate that Kant defended universal freedom only as a means towards developing the “autonomy of reason”, and I consider comparatively the education it entails with that spelled out by Rawls, despite the common conflation of the two.     

RAWLS AND THE STATUS OF POLITICAL LIBERTY

Abstract:  In his late work, Rawls makes strong claims about the status of political liberty. These claims, if accepted, would have significant implications for the content of "justice as fairness." I discuss the nature of these claims, clarifying Rawls's fair value guarantee of the political liberties and critically discussing the arguments that he and others have given for assigning special importance to the political liberties. I conclude that justice as fairness, properly understood, is not a deeply democratic conception of justice.     

Hyperpluralism,political liberalism,and Confucian democracy

In his recent book, Zhuoyao Li presents one of the most pointed criticisms of Confucian democracy from a political liberal standpoint. Li’s central argument is that liberal democracy, predicated on Rawlsian political liberalism, is the only legitimate form of democracy in East Asia’s pluralist societal context. Li advances his normative argument against Confucian democracy, first by reaffirming Rawls’s public conception of morality, then shifting his point of reference from Rawls to Alessandro Ferrara, and finally, defending a multivariate democracy in East Asia’s pluralist societal context from the viewpoint of Ferrara’s idea of hyperpluralism. In this paper, I defend Confucian democracy as a viable political theory in pluralist East Asia by critiquing Li’s change of the point of reference from Rawls to Ferrara, his imposition of the condition of hyperpluralism on East Asia, and his sweeping logical framework that allows no normative space for Confucian democratic theory.     

Shared intentions,public reason,and political autonomy

John Rawls claims that public reasoning is the reasoning of ‘equal citizens who as a corporate body impose rules on one another backed by sanctions of state power’. Drawing upon an amended version of Michael Bratman’s theory of shared intentions, I flesh out this claim by developing the ‘civic people’ account of public reason. Citizens realize ‘full’ political autonomy as members of a civic people. Full political autonomy, though, cannot be realised by citizens in societies governed by a ‘constrained proceduralist’ account of democratic self-government, or the ‘convergence’ account of public justification formulated recently by Gerald Gaus and Kevin Vallier.     

Citizens in appropriate numbers: evaluating five claims about justice and population size

Abstract

While different worries about population size are present in public debates, political philosophers often take population size as given. This paper is an attempt to formulate a Rawlsian liberal egalitarian approach to population size: does it make sense to speak of ‘too few’ or ‘too many’ people from the point of view of justice? It argues that, drawing on key features of liberal egalitarian theory, several clear constraints on demographic developments – to the extent that they are under our control – can be formulated. Based on these claims, we can clarify both the grounds and content of our obligations to future generations.     

Public Reason as a Form of Normative and Political Justification: A Study on Rawls’s Idea of Public Reason and Kant’s Notion of the Use of Public Reason in What is Enlightenment?

Abstract

This article explores the historical and philosophical backgrounds that inform the appropriation of the term “public reason” in liberal theory. Particularly, it studies the differing nuances attached to public reason by Kant and Rawls. The article suggests that, while Kant viewed the public use of reason as a conditio sine qua non for Enlightenment to take place within the Prussian society, Rawls’s notion of public reason in Political Liberalism serves a different purpose in our contemporary world. Rawls sees public reason as a tool, which would enable citizens of the pluralistic liberal state to unearth tolerable bases for coexistence, despite their trenchant and often conflicting ideological, cultural and religious differences. Moreover, Rawls’s notion of public reason aims at liberal legitimacy: the normative and political justification of the legal power of the state in liberal democracy.     

Why Liberal Neutralists Should Accept Educational Neutrality

Educational neutrality states that decisions about school curricula and instruction should be made independently of particular comprehensive doctrines. Many political philosophers of education reject this view in favor of some non-neutral alternative. Contrary to what one might expect, some prominent liberal neutralists have also rejected this view in parts of their work. This paper has two purposes. The first part of the paper concerns the relationship between liberal neutrality and educational neutrality. I examine arguments by Rawls and Nagel and argue that some of the same arguments they use to justify liberal neutrality also justify educational neutrality; thus, if we accept these arguments for liberal neutrality, we should also accept educational neutrality. The second part of the paper defends educational neutrality against objections that it is impossible and objections that it is undesirable.     

When God Commands Disobedience: Political Liberalism and Unreasonable Religions

Some religiously devout individuals believe divine command can override an obligation to obey the law where the two are in conflict. At the extreme, some individuals believe that acts of violence that seek to change or punish a political community, or to prevent others from violating what they take to be God’s law, are morally justified. In the face of this apparent clash between religious and political commitments it might seem that modern versions of political morality—such as John Rawls’s political liberalism—that refuse to take a stance on controversial religious matters, or eschew appeal to perfectionist doctrines, are beset by a particularly acute version of this problem of religious disobedience. Whilst political liberalism follows this path so as to generate wide and stable support, it raises the question of how political liberals should respond to religiously motivated non-compliance with the norms of that liberal conception of justice. This article evaluates what resources are available to political liberalism to respond to this challenge. It examines whether anti-perfectionism can be sustained in the face of those whose religious beliefs are in conflict with the law. We argue that, under certain circumstances, political liberalism requires direct engagement with the religious views of the unreasonable, including offering religious arguments to show that their particular interpretation of their faith is mistaken. This view takes political liberalism away from its usual ambitions, but it is a position that is both anticipated by Rawls and consistent with his view. It does, however, require that political liberals give up the claim that the view is a wholly non-sectarian, purely political view, and accept that, under certain circumstances it is a partially comprehensive version of liberal theory.     

Relationships of Equality: A Camping Trip Revisited

G. A. Cohen incisively argued that our judgments of social justice should fit our convictions about how to interact with others in our personal lives. Ironically, the ordinary morality of cooperation invoked in his last book undermines his favored principle of equality, and supports John Rawls’ reliance on a relevantly impartial choice promoting appropriate fundamental interests as a basis for distributive standards. His further objections to Rawls’ account of distributive justice neglect the role of social relations in establishing the proper scope of that impartiality and the moral force of Rawls’ taxonomy of non-ideal societies. In contrast, the powerful evocation of goods of community at the end of Cohen’s last book points to a genuine inadequacy. Conscientious fellow-citizens must take account of the impact of their political choices on options for sharing and caring. In finding a proper balance between these goods and competing individualist concerns, the original position is of too little use to sustain Rawls’ assessment of his conception of justice as complete. In the face of our strong moral convictions about how to live together, both Cohen’s luck egalitarianism and Rawls’ barriers between aspirations to community and political choice must give way.     

Not quite dead yet: a liberal response to Van Heerden

In this article I challenge Derick van Heerden's prediction of ‘the demise of liberal political theory’. I point out several misinterpretations and misunderstandings of liberal theory in his article and take issue in particular with his claims regarding ‘embedded individuality’.