PATRIOTISM AND POLITICAL OBLIGATION

Arguments aimed at undermining certain accounts of the grounds of political obligations—no matter how successful they may be—fall far short of demonstrating that there are no such obligations. Doubts about the efficacy of these arguments in this latter regard seem even more justified when it is recognized that parallel lines of reasoning can be developed in the area of filial obligations (and probably obligations of friendship and others as well), which arguments provide rather less than conclusive reasons for denying that there are filial obligations (obligations of friendship, and so forth). Furthermore, we have good reason to believe that there are political obligations if patriotism is a virtue, and also that patriotism is indeed a virtue. We therefore have a basis on which to affirm the existence of political obligations—a basis whose soundness is independent of the acceptability of particular accounts of the grounds of political obligation. Hence, even if standard accounts of the grounds of political obligations are problematic in certain respects, we should not regard this consideration as capable by itself of establishing that there are no such obligations.     

POLITICAL OBLIGATION AND THE PARTICULARITY PROBLEM

Natural duty theorists of political obligation try to base a moral duty to obey the law on some natural duty, such as the duty to promote justice. Their critics say they confront an insurmountable obstacle in the particularity problem: Since natural duties do not bind us to some persons and institutions more strongly than to others, they cannot support a duty to one particular state or society. I solve the particularity problem, by developing a version of the political obligation thesis, giving a natural duty argument for it and showing that the particularity problem does not arise for the argument. I reply to some likely objections to my view.     

POLITICAL EQUALITY IN JUSTICE AS FAIRNESS

Philosophical Studies -     

FOREKNOWLEDGE, FREEDOM, AND OBLIGATION

Abstract: A vital presupposition of an influential argument for the incompatibility of divine foreknowledge and libertarian free action is that free action requires alternative possibilities. A recent, noteworthy challenge to this presupposition invokes a “Divine Frankfurt‐type example”: God's foreknowledge of one's future actions prevents one from doing otherwise without having any responsibility‐undermining effect on one's actions. First, I explain why features of God's omniscience cast doubt on this Frankfurtian response. Second, even if this appraisal is mistaken, I argue that divine foreknowledge is irreconcilable with moral obligation if such foreknowledge eliminates alternatives.     

WAR, WOMEN, AND POLITICAL WISDOM

One of the most perceptive and ambidextrous social commentators of our day, Augustinian scholar Jean Bethke Elshtain furnishes in ever fresh ways through her writings a bridge between the ancient and the modern, between politics and ethics, between timeless moral wisdom and cultural sensitivity. To read Elshtain seriously is to take the study of culture as well as the “permanent things” seriously. But Elshtain is no mere moralist. Neither is she content solely to dwell in the domain of the theoretical. For it is Elshtain the citizen—the creatively engaged and contributing citizen—whom the reader encounters on virtually every page of her writings. But reader beware: Elshtain does not shy away from controversy. At the same time, she is anything but a controversialist. In the essay that follows, several prominent themes that emerge from Elstain's writings—civic responsibility, justice, gender, and war—are considered afresh. Whether one agrees with her positions or not, one is forced to confess in the end that she cares deeply about the common good. And this alone makes her required reading for any engaged citizen of the republic.     

POLITICAL LIBERALISM,BASIC LIBERTIES,AND LEGAL PATERNALISM

This essay argues that neutral paternalism (NP) is problematic for antiperfectionist liberal theories. Section 2 raises textual evidence that Rawlsian liberalism does not oppose and may even support NP. In section 3, I cast doubt on whether NP should have a place in political liberalism by defending a partially comprehensive conception of the good I call “moral capacity at each moment,” or MCEM, that is inconsistent with NP. I then explain why MCEM is a reasonable conception on Rawls's account of reasonableness. In section 4, I handle concerns that showing NP fails the test of Rawlsian public justification is a nonstarter since NP does not threaten any of our basic liberties. I sketch an argument that, if this is so, the burden is on political liberalism to defend its particular account of basic liberties, since MCEM is reasonable on Rawlsian grounds. More precisely, MCEM is a conception that challenges the way Rawls characterizes basic liberties; that is, his list of basic liberties should be more inclusive by political liberalism's own structural commitments, including Rawls's “liberal principle of legitimacy.” On this revised account, political liberalism can mount a strong opposition to hard legal paternalism.     

VALIDITY AND FAIRNESS OF SOME ALTERNATIVE EMPLOYEE SELECTION PROCEDURES1

Despite extensive evidence that tests are valid for employee selection, Federal Guidelines have urged employers to seek alternative selection procedures that are equally valid but have less adverse impact on minorities. Research on the validity, adverse impact and fairness of eight categories of alternatives was reviewed. Feasibility of operational use of each type of alternative in an employment setting was also discussed. Only biodata and peer evaluation were supported as having validities substantially equal to those for standardized tests. Previous reviews and more recent research indicated that interviews, self-assessments, reference checks, academic achievement, expert judgment and projective techniques had levels of validity generally below those reported for tests. Data, where available, offered no clear indication that any of the alternatives met the criterion of having equal validity with less adverse impact. Results are discussed and several additional promising alternatives are described.     

RELIGIOUS REASONS AND POLITICAL ARGUMENTATION

In Evangelium Vitae Pope John Paul II calls for a renewal of culture to combat the culture of death. He criticizes various aspects of a pluralistic, liberal society—a type of society that he claims is based on moral relativism and a view of democracy that becomes a substitute for moral law. He maintains that such a view trivializes moral choice. In this essay I argue that John Rawls's notion of a liberal society as an overlapping consensus of comprehensive doctrines can avoid relativism while allowing for reasonable debate among opposed positions. While Rawls maintains that comprehensive doctrines, including religions, should employ a form of public reason that is not a unique feature of any one comprehensive doctrine, I argue that this requirement is too strong. One is often justified in appealing to features of comprehensive doctrines other than one's own, features that are unique to the doctrines themselves. Such an appeal does not pretend to be neutral as public reason would seem to be. In the final section of the paper I discuss some suggestions made by the Pope regarding actions in civil society that are independent of debates about legal change and suggest some ways in which they might contribute to desired cultural transformation.