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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.
Drawing on Kant, Rousseau, and Habermas, Stilz argues that we owe civic obligations to the state if it is sufficiently just, and that constitutionally enshrined principles of justice in themselves are grounds for obedience to our particular state and for democratic solidarity with our fellow citizens.
The scope of affirmative obligation is a point of contention among liberals. Some see affirmative obligations required by social justice as incompatible with a strong commitment to individual freedom. The task before the moderate liberal is then to consider what a consistently liberal view of affirmative obligation would have to be in order to accommodate liberal commitments to freedom and justice and also account for long-standing institutions that are central to liberal democratic society. In this book, Patricia Smith argues that this can be achieved by reconstructing the liberal doctrine of positive and negative duty. She offers a careful consideration of these elements of liberal principles as they relate to affirmative obligation. Through an innovative analysis of the institutions of family and contract, Smith develops the idea of duties of membership as preferable to natural duties (to explain family obligation) and as needed to supplement contractual duties (to explain professional obligation). This idea is then applied to the problem of justifying political obligation. She argues that membership obligations, implied in cooperative endeavor, must supplement obligations of consent that are central to liberal theory. This is deftly illustrated through a state of nature theory that includes community membership, eliminating atomistic individualism while maintaining consonance with what Smith calls cooperative individualism. The resulting view of liberal individualism is consistent, complete, and capable of handling long-standing liberal institutions, while taking seriously the demands of affirmative obligations. Smiths clear articulation of a liberal view of affirmative obligation finds a middle ground on this polarized topic, with compelling and reasoned implications for liberal political philosophy. Her discussion will interest students and scholars of legal and political philosophy and political science.
Fleming and McClain defend a civic liberalism that takes seriously not just rights but responsibilities and virtues. Issues taken up include same-sex marriage, reproductive freedom, regulation of civil society and the family, education of children, and clashes between First Amendment freedoms of association and religion and antidiscrimination law.
The longstanding philosophical, political and legal debate over the nature of rights has recently sprung into a raging liberal/communitarian controversy. With this book, Trakman and Gatien leap into the fray, presenting a powerful critique and reconceptualization of liberal rights theory.
"Liberal democracy" is the name given to a regime that much of the world lives in or aspires to, and both liberal and deliberative theorists focus much of their intellectual energy on working to reshape and perfect this regime. But what if "liberal democracy" were a contradiction in terms? Taking up Jacques Rancière's polemical claim that democracy is not a regime, Samuel A. Chambers argues that liberalism and democracy are not complementary, but competing forces. By way of the most in-depth and rigorous treatment of Rancière's writings to date, The Lessons of Rancière seeks to disentangle democracy from liberalism. Liberalism is a logic of order and hierarchy, of the proper distribution of responsibilities and rights, whereas democratic politics follows a logic of disordering that challenges and disrupts any claims that the allocation of roles could be complete. This book mobilizes a Rancièrean understanding of politics as leverage against the tendency to collapse democracy into the broader terms of liberalism. Chambers defends a vision of "impure" politics, showing that there is no sphere proper to politics, no protected political domain. The job of political theory is therefore not to say what is required in order for politics to occur, not to develop ideal "normative" models of politics, and not even to create new political ontologies. Instead, political theory is itself an enactment of politics in Rancière's sense of dissensus: politics thwarts any social order of domination. Chambers shows that the logic of politics depends on the same principle as Rancière's radical pedagogy: the presupposition of equality. Like traditional critical theory, traditional pedagogy relies on a model of explanation in which the student is presumed to be blind. But what if anyone can understand without additional explanation from a master? The Lessons of Rancière uses this pedagogy as a guide to envision a critical theory beyond blindness and to explore a democratic politics beyond liberalism.
This important new work elaborates and defends an account of the political morality of liberal democracy.
A Liberal Theory of International Justice advances a novel theory of international justice that combines the orthodox liberal notion that the lives of individuals are what ultimately matter morally with the putatively antiliberal idea of an irreducibly collective right of self-governance. The individual and her rights are placed at center stage insofar as political states are judged legitimate if they adequately protect the human rights of their constituents and respect the rights of all others. Yet, the book argues that legitimate states have a moral right to self-determination and that this right is inherently collective, irreducible to the individual rights of the persons who constitute them. Exploring the implications of these ideas, the book addresses issues pertaining to democracy, secession, international criminal law, armed intervention, political assassination, global distributive justice, and immigration. A number of the positions taken in the book run against the grain of current academic opinion: there is no human right to democracy; separatist groups can be morally entitled to secede from legitimate states; the fact that it is a matter of brute luck whether one is born in a wealthy state or a poorer one does not mean that economic inequalities across states must be minimized or even kept within certain limits; most existing states have no right against armed intervention; and it is morally permissible for a legitimate state to exclude all would-be immigrants.
"In the Shadow of Justice tells the story of how liberal political philosophy was transformed in the second half of the twentieth century under the influence of John Rawls. In this first-ever history of contemporary liberal theory, Katrina Forrester shows how liberal egalitarianism--a set of ideas about justice, equality, obligation, and the state--became dominant, and traces its emergence from the political and ideological context of the postwar United States and Britain. In the aftermath of the civil rights movement and the Vietnam War, Rawls's A Theory of Justice made a particular kind of liberalism essential to political philosophy. Using archival sources, Forrester explores the ascent and legacy of this form of liberalism by examining its origins in midcentury debates among American antistatists and British egalitarians. She traces the roots of contemporary theories of justice and inequality, civil disobedience, just war, global and intergenerational justice, and population ethics in the 1960s and '70s and beyond. In these years, political philosophers extended, developed, and reshaped this liberalism as they responded to challenges and alternatives on the left and right--from the New International Economic Order to the rise of the New Right. These thinkers remade political philosophy in ways that influenced not only their own trajectory but also that of their critics. Recasting the history of late twentieth-century political thought and providing novel interpretations and fresh perspectives on major political philosophers, In the Shadow of Justice offers a rigorous look at liberalism's ambitions and limits."--
Attention to care in modern society has fallen out of view as an ethos of personal responsibility, free markets, and individualism has taken hold. The Liberalism of Care argues that contemporary liberalism is suffering from a crisis of care, manifest in a decaying sense of collective political responsibility for citizens’ well-being and for the most vulnerable members of our communities. Political scientist Shawn C. Fraistat argues that we have lost the political language of care, which, prior the nineteenth century, was commonly used to express these dimensions of political life. To recover that language, Fraistat turns to three prominent philosophers—Plato, Jean-Jacques Rousseau, and William Godwin—who illuminate the varied ways caring language and caring values have structured core debates in the history of Western political thought about the proper role of government, as well as the rights and responsibilities of citizens. The Liberalism of Care presents a distinctive vision for our liberal politics where political communities and citizens can utilize the ethic and practices of care to face practical challenges.