Respect,Religion, and Feminism: Comments on Lori Watson and Christie Hartley,Equal Citizenship and Public Reason: A Feminist Political Liberalism

There is significant disagreement among feminists and liberals about the compatibility between the two doctrines. Political liberalism has come under particular criticism from feminists, who argue that its restricted form of equality is insufficient. In contrast, Lori Watson and Christie Hartley argue that political liberalism can and must be feminist. This article raises three areas of disagreement with Watson and Hartley’s incisive account of feminist political liberalism. First, it argues that an appeal to a comprehensive doctrine can be compatible with respecting others, if that appeal is to the value of equality. Second, it takes issue with Watson and Hartley's defence of religious exemptions to equality law. Third, it argues that political liberalism can be compatible with feminism but that it is not itself adequately feminist. It concludes that political liberalism is not enough for feminists.     

Feminists, Islamists, and Political Change in Turkey

This paper examines how some feminist and Islamist women in Turkey helped bring about change in political values during the past decade. The traditional political culture upheld statist, corporatist (as opposed to liberal, individualist) norms. The state controlled religion in the name of secularism and limited democracy within the confines of formal equality. Both feminists and Islamists contested traditional political values by insisting on their own definition of their interests, as opposed to those that were state-enforced. The feminists questioned the justice of formal equality as they sought substantive equality; Islamist women challenged the secular concept of equality as they insisted on the justice of male-female complementarity. Both groups engaged in active politics and expanded the parameters of democratic participation as they sought substantive equality beyond formal equality. Yet the patriarchal heritage of Islam defined the limits of Islamist women's search for liberation within the confines of religion.     

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.     

Reasonable Disagreement About,and Within,Watson and Hartley’s Political Liberalism

This article considers how successfully Watson and Hartley achieve the two main aims of their excellent book, Equal Citizenship and Public Reason: first, developing and defending a distinctive version of political liberalism and, second, showing that this is a feminist political liberalism. I challenge both their general defence of their view and the arguments regarding feminism. Both discussions raise questions about the conceptualisation of reasonable disagreement, so I finish with some further comments about ways in which reasonable disagreement about justice creates internal tensions within Watson and Hartley’s theory.     

The True Confessions of a White Rawlsian Liberal: An Argument for a Capacities Approach to Democratic Legitimacy

Abstract

This paper takes as its point of departure the constitutional talks in South Africa in the early 1990’s. I suggest that liberal rather than democratic values held a particular attraction to South African political philosophers like me. Taking the example of Rawlsian liberalism, I show how liberalism locates the normative anchors of legitimacy outside the democratic process and is content with a weak interpretation of political equality. As an alternative I sketch a capacities approach to democratic legitimacy drawing on the work of Sen and Nussbaum. In particular I argue that the capacity to participate in democratic practices is what grounds and legitimizes principles of democratic justice agreed to by citizens. I conclude by suggesting that South Africa’s democracy would have been stronger if the state had attended to the capacities of citizens to participate in the democratic process.     

THE BEGINNING OF COMMUNITY: POLITICS IN THE FACE OF DISAGREEMENT

Rawls' requirement that citizens of liberal democracies support only policies which they believe can be justified in 'public reason' depends on a certain ideal for the relationships between citizens. This is a valuable ideal, and thus citizens have reasons to try to achieve it. But it is not always possible to find the common ground that we would need in order to do so, and thus we should reject Rawls' strong claim that we have an obligation to defend our views in public reason. Because I recognize that we have strong reasons to conduct our political enquiry within the guidelines of political liberalism, but deny that we always have an obligation to do so, one might call my view 'permissive political liberalism'.     

Justice and power: when will justice concerns encourage the advantaged to support policies which redistribute economic resources and the disadvantaged to willingly obey the law?

Two studies are presented which test whether justice can motivate support for government policies and authorities even when such support is not in people's obvious personal or group interest. In the first study, White San Francisco Bay area residents' attitudes toward Congressionally-authored affirmative action policies and anti-discrimination laws were investigated. In the second study, African-American San Francisco Bay area residents' feelings of obligation to obey the law were investigated. The results from both studies show a significant relationship between evaluations of social justice and respondents' political attitudes. More importantly, a significant relationship between relational evaluations of Congress and political attitudes is found in both studies. This relationship suggests how justice can motivate policy and government support even if such support does not yield direct personal or group benefits. Finally, the results from both studies indicate when instrumental and relational concerns will be related to political attitudes. If people identified with their particular advantaged or disadvantaged group, instrumental concerns were more strongly related to their political attitudes, but if people identified with a superordinate category that included both potential outgroup members and relevant superordinate authorities, relational concerns were more strongly related to their political attitudes.     

政治的,抑或道德的——对政治自由主义一个关键悖论的解读

政治自由主义试图将其正义观念塑造为纯粹"政治的"观念,而不能是完备性的"道德的"观念。但任何规范性的正义观念似乎都不能不是道德的,这就形成了政治自由主义所面对的一个最根本的悖论。通过分析我们可以看到,政治自由主义要克服这一悖论,必须寻求一种具有自主性的规范性政治概念。此外,政治自由主义把公民的两种道德能力当作理论前提,同时强调道德化的公民美德,这两个因素都加深了这一悖论。通过解释和分析这两种因素所带来的理论难题及其原因,文章认为,"政治的"自由主义之所以难以抹去"道德的"面纱,其根源在于政治在自由主义价值系统中的处境。     

Why a feminist approach to bioethics?

Many have asked how and why feminist theory makes a distinctive contribution to bioethics. In this essay, I outline two ways in which feminist reflection can enrich bioethical studies. First, feminist theory may expose certain themes of androcentric reasoning that can affect, in sometimes crude but often subtle ways, the substantive analysis of topics in bioethics; second, it can unearth the gendered nature of certain basic philosohical concepts that form the working tools of ethical theory.     

Political liberalism and global justice

This article argues that political liberalism, of the type formulated by John Rawls and Charles Larmore and further developed in Amartya Sen and Martha Nussbaum's capabilities approach, is superior to more comprehensive political views both in domestic and in global affairs. Perfectionist liberalism as advocated by John Stuart Mill and Joseph Raz attempts to erase existing religions and replace them with the religion of utility or autonomy. This is wrong, because in the ethico-religious environment of reasonable disagreement that we inhabit all comprehensive forms of political morality pose a threat to people's liberty and equality. Only thin and narrow conceptions of value like the ones suggested by Rawls, Larmore, Sen, and Nussbaum can guarantee the respect for diversity that is needed in a pluralistic world. Although Rawls famously failed to extend this idea from domestic to transnational matters, the argument of the article is that not only do the principles of political liberalism apply to global matters, but that the reasons why they apply to global affairs are even more compelling transnationally than they are domestically.     

Equality in Law and Philosophy

This article discusses various arguments for and against treating equality as a fundamental norm in law and political philosophy, combining prior arguments to the effect that equality is essentially an empty idea with arguments that treat it as a non‐empty but mistaken value that should be rejected. After concluding that most of the arguments for treating equality as a fundamental value fall victim to one or both of these arguments, it considers more closely arguments made by philosophers such as Ronald Dworkin and Thomas Nagel that base a duty of promoting equality on the fact that governments impose a legal order on persons without their consent. It concludes that these arguments are mistaken: if the legal order imposed by government is justified then imposing it is not wrongful and generates no duty of equal treatment, while if that order is not justified no requirement of equality of treatment would cure the lack of justification. It concludes that equality should not be a value in law or political theory, but in some cases other considerations (such as alleviating poverty and distress, promoting accuracy and substantive justice, avoiding arbitrariness, and other values) may justify particular rules that are sometimes mistakenly thought to be based on equality.     

Public Reason, Religious Restraint and Respect

In recent years liberals have had much to say about the kinds of reasons that citizens should offer one another when they engage in public political debates about existing or proposed laws. One of the more notable claims that has been made by a number of prominent liberals is that citizens should not rely on religious reasons alone when persuading one another to support or oppose a given law or policy. Unsurprisingly, this claim is rejected by many religious citizens, including those who are also committed to liberalism. In this paper I revisit that debate and ask whether liberal citizens have a moral obligation not to explain their support for existing or proposed laws on the basis of religious reasons alone. I suggest that for most (ordinary) citizens no such obligation exists and that individuals are entitled to explain their support for a specific law and to persuade others of the merits of that law on the basis of religious reasons alone (though there may be sound prudential reasons for not doing so). My argument is grounded in the claim that in most instances advocating laws on the basis of religious reasons alone is consistent with treating citizens with equal respect. However, I acknowledge an exception to that claim is to be found when using religious reasons to justify a law also implies that the state endorses those reasons. For this reason I argue that there is a moral obligation for some (publicly influential) citizens, and especially those who hold public office, to refrain from explaining their support for existing or proposed laws on the basis of religious reasons. I conclude by suggesting that this understanding of the role of religion in public political discourse and the obligations of liberal citizens is a better reflection of our experience of liberal citizenship than that given in some well-known accounts of liberalism.     

Gender Justice v. The “Invisible Hand” of Gender Bias in Law and Society

How does so much gender inequality endure in an era when many laws and policies endorse principles of gender equality? This essay examines this dilemma by considering Susan Moller Okin's criticism of “false gender neutrality,” research on implicit bias, and the shifting relation of gender bias to American law. I argue that these are crucial elements of the modern cycle of gender inequality, enabling it to operate through a perverse “invisible‐hand” mechanism. This framework helps convey how underlying gender bias influences individual behaviors that generate, legitimate, and mask broad patterns of inequality. Contemporary legal conflicts reflect many of these dynamics, which appear in controversies over gender‐based violence (U.S. v. Morrison 2000 ), gender discrimination in pay and promotion (Ledbetter v. Goodyear Tire 2007 ), and women's reproductive health care benefits (Burwell v. Hobby Lobby 2014 ). This analysis advances our understanding of how the contemporary cycle of gender inequality operates, the complex links between individual behavior and structural bias, and the difficulty of pursuing gender justice through prevailing frameworks of law and liberalism. It also underscores the continued importance of feminists' collective work to address “invisible” as well as visible biases.     

Autonomy's Substance

In this article, I argue that autonomy has to be conceived substantively in order to serve as the qualifying condition for receiving the full set of individual liberal rights. I show that the common distinction between content‐neutral and substantive accounts of autonomy is riddled with confusion and ambiguities, and provide a clear alternative taxonomy. At least insofar as we are concerned with liberal settings, the real question is whether or not the value(s) and norm(s) implied by an account of autonomy are acceptable to reasonable people, not whether these accounts are content‐neutral, procedural or input‐focused. Finally, I demonstrate how substantive constraints are compatible with, or even implied in, the notion of autonomy at play in (Rawls's) political liberalism. Overall, I present a normative reconstruction, clarification, and internal critique of liberalism, drawing on case law and statutes from England and Wales.     

Junzi living in liberal democracy: What role could Confucianism play in political liberalism?

It has been widely argued that East Asian governments should be permitted to promote Confucian values. Recently, Zhuoyao Li rejected this view and advocates that East Asian governments should be neutral to all cultures and religions, including Confucianism. Nevertheless, Li believes that Confucianism does not loses its significance in a political liberal state because Confucians can still propose laws and policies, so long as their proposals are justified by public reason. In this paper, I argue that Li misunderstands the true significance of Confucianism in his model. Under the constraint of public reason, Confucians can hardly give any novel input in public deliberation. Rather, I believe that the contribution of Confucianism is to educate citizens to become fully just in the private sphere. Citizens may learn to be unjust if injustices are common in the private sphere. However, a political liberal state would be criticized as being overly invasive if it directly regulates the private sphere. Hence, I propose a division of educational labour between political liberalism and Confucianism in the public and private sphere. Finally, I use the Confucian workplace as an example to show how rituals in the workplace can enhance citizens’ sense of justice in the private sphere.     

Liberal Daddy Quotas: Why Men Should Take Care of the Children,and How Liberals Can Get Them to Do It

The gendered division of labor is the major cause of gender inequality with respect to the broad spectrum of resources, occupations, and roles. Although many feminists aspire to an equality of outcome where there are no significant patterns of gender difference across these dimensions, many have also argued that liberal theories of social justice do not have the conceptual tools to justify a direct attack on the gendered division of labor. Indeed, many critics argue that liberalism positively condones it, presuming that it arises from the free choices of individuals, which must be respected. In this paper I will accept the feminist goal of equality of outcome across roles, occupations, income, and wealth, but will argue that liberal theories of justice are consistent with strong measures aimed at promoting such equality. I will show that liberalism has the conceptual resources to justify a concrete policy measure that goes considerably beyond the measures usually championed by feminists. The example I focus on is “daddy quotas,” which refers to the tagging of a significant part of parental leave for the exclusive use of fathers.     

THE CONFLICTING LOYALTIES OF STATISM AND GLOBALISM: CAN GLOBAL DEMOCRACY RESOLVE THE LIBERAL CONUNDRUM?

Abstract: The cosmopolitan ideal of liberal universalism seems to be at odds with liberalism's insistence on national borders for liberal democratic communities, creating disparate standards of distributive justice for insiders and outsiders. The liberal's dilemma on the question of cosmopolitan justice would seem to be an extension of this broader conundrum of conflicting loyalties of statism and globalism. The challenge for liberalism, then, seems to be to show how the practices of exclusive membership embody the principle of moral equality. While discerning a variety of liberal reasons to give some scope to the claim that statism and globalism need not be an irreconcilable dilemma within liberalism, the essay argues that these reasons fail to provide a satisfactory resolution. Instead, the essay points out, global democracy can be the direction for both a statist and a cosmopolitan liberal, and the two camps a case not of conflicting loyalties but of multiple loyalties.     

Convergence Justifications Within Political Liberalism: A Defence

According to political liberalism, laws must be justified to all citizens in order to be legitimate. Most political liberals have taken this to mean that laws must be justified by appeal to a specific class of ‘public reasons’, which all citizens can accept. In this paper I defend an alternative, convergence, model of public justification, according to which laws can be justified to different citizens by different reasons, including reasons grounded in their comprehensive doctrines. I consider three objections to such an account—that it undermines sincerity in public reason, that it underestimates the importance of shared values, and that it is insufficiently deliberative—and argue that convergence justifications are resilient to these objections. They should therefore be included within a theory of political liberalism, as a legitimate form of public justification. This has important implications for the obligations that political liberalism places upon citizens in their public deliberations and reason-giving, and might make the theory more attractive to some of its critics, particularly those sympathetic to religious belief.     

Equality of Education and Citizenship: Challenges of European Integration

What kind of equality among Europeans does equal citizenship require, especially regarding education? In particular, is there good reason to insist of equality of education among Europeans—and if so, equality of what? To what extent should the same knowledge base and citizenship norms be taught across state borders and religious and other normative divides? At least three philosophical issues merit attention: (a) The requirements of multiple democratic citizenships beyond the nation state; (b) how to respect diversity while securing such equality and inculcating commitments to justice and norms of citizenship, and (c) The multiple reasons for equality of various kinds among political equals living in a Union as compared to a unitary state. The article responds on the basis of several arguments in favour of certain kinds of equality. All Union citizens must enjoy a high minimum level of education, and all pupils must be informed concerning the various ways of life prevalent in Europe. Furthermore, there must be standards for securing equality of opportunity across the EU, though it is difficult to measure under multiculturalism. Citizens must also be socialised to certain ‘citizenship norms’. This shared basis to be taught in schools should avoid contested religious or philosophical premises as far as possible. Yet the school system should socialise pupils to three commitments: to the just domestic and European institutions and hence the legislation they engender, to principles that justify these institutions; and to a political theory that grounds these principles in a conception of the proper role of individuals, of member states and of the Union. I also argue that equality of result is not a plausible normative requirement among Europeans, while equality of opportunity is. The paper concludes with some comments on the lessons to be drawn for ‘Global’ citizenship.     

On Affectionate Respect in Gender Justice: An Inquiry into the Cultural Abuse of Sex

Phallogocentrism as cultural abuse of sex is a difficult issue that has been addressed by many modem Western feminist philosophers.By comparing their insights with those deriving from Chinese Confucianism and Daoism,I propose the concept of "affectionate respect" as an intellectual counterbalance to phallogocentrism.In this essay,I have discussed certain arbitrary fallacies based on masculine predominance and spotlighted the merits of being female in balancing emotion and reason,justice and fairness,and institutionally-biased powers and the human rights of innate dignity.To achieve gender justice and equality before God and under Heaven must be logically and morally extended to law and politics.