A wide range of issues in moral, political, and legal philosophy fall under the heading of “intergenerational justice,” such as questions of justice between the young and the old, obligations to more-or-less distant past and future generations, generational sovereignty, and the boundaries of democratic decision-making.
These issues deserve our attention first because they are of great social importance. Solving the challenges raised by aging, stable pension funding, and increasing healthcare costs, for example, requires a view on what justice between age groups demands. Climate change, resource depletion, environmental degradation, population growth, and the like, raise serious concerns about the conditions under which future people will have to live. What kind of world should we bequest to future generations?
Second, this debate has theoretical significance. Questions of intergenerational justice force reconsideration of the fundamental commitments (on scope, pattern, site, and currency) of existing moral and political theories. The age-group debate has led to fundamental questions about the pattern of distributive justice: Should we care about people’s lives considered as whole being equally good? This has implausible implications. Can existing accounts be modified to avoid such problematic consequences?
Justice between nonoverlapping generations raises a different set of questions. One important worry is about the pattern of intergenerational justice—are future generations owed equality, or should intergenerational justice be cast in terms of sufficiency? Another issue is the currency of intergenerational justice: what kind of goods should be transferred? Perhaps the most puzzling worry resulting from this debate translates into a worry about scope: do obligations of justice extend to future people? Most conventional views on the scope of justice—those that focus on shared coercive institutions, a common culture, a cooperative scheme for mutual advantage—cannot easily be extended to include future generations. Even humanity-based views, which seem most hospitable to the inclusion of future generations, are confronted with what Parfit called the nonidentity problem, which results from the fact that future people are mostly possible people: because of the lack of a fixed identity of future people, it is often impossible to harm them in the comparative sense.
John Stuart Mill is a liberal icon, widely praised in particular for his stirring defense of freedom of speech. A neo-Millian theory of free speech is outlined and contrasted in important respects with what Frederick Schauer calls “the free speech ideology” that surrounds the First Amendment of the U.S. Constitution, and with Schauer’s own “pre-legal” theory of free speech. Mill cannot reasonably be interpreted to defend free speech absolutism if speech is understood broadly to include all expressive conduct. Rather, he is best interpreted as defending an expedient policy of laissez-faire with exceptions, where four types of expression are distinguished, three of which (labeled Types B, C, and D) are public or other-regarding, whereas the fourth (labeled Type A) is private or self-regarding. Types C and D expression are unjust and ought to be suppressed by law and public stigma. They deserve no protection from coercive interference: they are justified exceptions to the policy of letting speakers alone. Consistently with this, a moral right to freedom of speech gives absolute protection to Type B public expression, which is “almost” self-regarding. Type A private expression also receives absolute protection, but it is truly self-regarding conduct and therefore covered by the moral right of absolute self-regarding liberty identified by Mill in On Liberty. There is no need for a distinct right of freedom of expression with respect to self-regarding speech. Strictly speaking, then, an expedient laissez-faire policy for public expression leaves the full protection of freedom of private expression to the right of self-regarding liberty.
An important application of the neo-Millian theory relates to an unjust form of hate speech that may be described as group libel. By creating, or threatening to create, a social atmosphere in which a targeted group is forced to live with a maliciously false public identity of criminality or subhumanity, such a group libel creates, or significantly risks creating, social conditions in which all individuals associated with the group must give up their liberties of self-regarding conduct and of Type B expression to avoid conflict with prejudiced and belligerent members of society, even though the libel itself does not directly threaten any assignable individual with harm or accuse him or her of any wrongdoing of his or her own. This Millian perspective bolsters arguments such as those offered by Jeremy Waldron for suppressing group libels. America is an outlier among advanced civil societies with respect to the regulation of such unjust hate speech, and its “free speech ideology” ought to be suitably reformed so that group libels are prevented or punished as immoral and unconstitutional.
The concept of exploitation is often invoked in situations where relatively impoverished people are treated unfairly in economic and social contexts. While the claim that exploitation involves taking unfair advantage is broadly accepted, there is little consensus about what fairness requires and whether unfairness is seriously wrong in the context of exchanges. One family of accounts claims that exploitation involves the maldistribution of resources, either because exploitative transactions result in distributions that violate substantive norms of fairness, or because procedural flaws in the way exploitative transactions come about entail that their outcomes are unfair.
A second, domination-based approach to exploitation claims that the moral flaw embodied by exploitative relations is the exploiter’s disrespectful use of his power over the exploitee. While exploiters’ domination of others may lead to maldistributions, defenders of the domination-based approach argue that distributive unfairness is neither necessary nor sufficient for exploitative relations.
These approaches both face two kinds of challenges. The first concerns the scope. Neither appears to provide necessary and sufficient conditions that are adequate to capture all and only cases commonly described as exploitation. The second concerns the normative status. Exploitation is typically assumed to be morally impermissible, yet neither approach seems to satisfactorily explain how exploitations that nevertheless generate significant welfare gains for both parties can be wrong.
The study of constitutionalism often begins with the question of what a constitution is. Sometimes the term refers to a single legal document with that name, but the term “constitution” may also refer to something unwritten, such as important political traditions or established customs. As a result, scholars sometimes distinguish between the “Big-C” constitution, that is, the constitutional document, and the “small-c” constitution, the set of unwritten practices and understandings that structure political life.
Constitutionalism is typically associated with documents and practices that restrict the arbitrary exercise of power. Most constitutions contain guarantees of rights and outline the structures of government. Constitutions are often enforced in court, but nonjudicial actors, like legislatures or popular movements, may also enforce constitutional provisions.
The relationship between democracy and constitutionalism is not at all straightforward, and it has received an enormous amount of scholarly attention. Constitutionalism seems to both undergird and restrain democracy. On the one hand, constitutions establish the institutions that allow for self-government. On the other, they are often said to restrict majoritarian decision-making.
Related to this question of the relationship between constitutionalism and democracy are questions about how constitutions change and how they ought to change. Can written constitutions change without changes to the text, and can judges bring about these changes? Do extratextual changes threaten or promote democracy?
Finally, not only do individual constitutions change, but the practice of writing constitutions and governing with them has also changed over time. In general, constitutions have grown more specific and flexible over time, arguably, allowing for a different kind of constitutional politics.
Bas Van Der Vossen
Libertarianism is a theory in political philosophy that strongly values individual freedom and is skeptical about the justified scope of government in our lives. Libertarians see individuals as sovereign, as people who have a right to control their bodies and work, who are free to decide how to interact with willing others, and who cannot be forced to do things against their will without very strong justification.
For some, the argument in support of this view hinges on the principle of self-ownership. To them, individual rights are morally foundational, the basic building blocks of their theory. Many others, however, take a broader view, arguing that societies flourish when they offer people large degrees of freedom in both personal and economic matters.
As a result, libertarianism sees the state as playing at most only a very limited role in matters concerning distributive justice. Libertarians are skeptical about calls to reduce material inequality for its own sake, strongly favor free trade, and defend opening borders for migrants. They see policies that violate these commitments as inevitably involving wrongs against free and equal persons.
Mark R. Brawley
Two approaches currently enjoy widespread popularity among foreign policy analysts: Analytical Liberalism and Neoclassical Realism. On the surface, they seem remarkably similar. Both emphasize domestic factors, yet each claims to employ domestic variables in a distinct fashion. How do they differ? To answer that question, it would be helpful to reflect upon examples where scholars applying each approach have addressed the same case, allowing us to contrast their descriptions directly. Few such comparisons exist, however. Instead, as is apparent to even the casual observer, each approach fits neatly into its own niche. Neoclassical Realism appeals to scholars addressing security policy, whereas Analytical Liberalism dominates research in international political economy. Why would both approaches enjoy limited applicability? Here too, a direct comparison of their arguments might illuminate their comparative strengths and weaknesses. A review of how each approach works provides insight into their respective strengths and weaknesses. Under certain conditions, the key traits of the approaches can be revealed. These conditions identify a series of cases deserving closer empirical analysis, which would provide evidence concerning the relative utility of each approach.
Multiculturalism has been used both as a descriptive and a normative term, as well as a term referring to particular types of state policies. As a descriptive term, multiculturalism refers to the state of affairs present in contemporary societies: that of cultural diversity. As a normative term, multiculturalism affirms cultural diversity as an acceptable state of affairs, and provides normative grounds for accommodating this diversity. As a policy-oriented term, multiculturalism refers to a variety of state policies that aim to accommodate people’s cultural differences—most notably, different types of culturally differentiated rights.
The main focus of the debates on multiculturalism within political philosophy has been on normative multiculturalism, and the broader normative questions relating to the appropriate grounds for responding to people’s cultural differences. The debates on descriptive multiculturalism and on particular multicultural policies, however, feed into the debates on normative multiculturalism. One’s views on the nature of culture, the value of culture, and the appropriate means of demarcating group boundaries have implications on the ways in which one understands the proper objects of cultural accommodation, as well as the extent to which such accommodation should be applied. The different types of multicultural policies—including rights of indigenous groups, immigrants, and national minorities—incorporate slightly different sets of normative considerations that must be independently assessed and that also feed into the more general debates on the normative foundations for cultural accommodation.
Equality-based and identity-based arguments for cultural concern provide strong grounds for the state to be concerned about people’s cultural differences and to aim to alleviate culturally induced disadvantages. The case for (or against) culturally differentiated rights as a means for responding to these disadvantages may, however, come from several sources, including approaches to cultural diversity based on equality, autonomy, toleration, and state neutrality. While there is relative (albeit not full) agreement among normative theorists of multiculturalism that differentiated rights may be acceptable, though not always required or even desired, responses to cultural diversity, disagreements about the normative bases, and extents of application, remain.
Ethics and foreign policy have long been considered different arenas, which can only be bridged with great analytical and practical difficulty. However, with the rise of post-positivist approaches to foreign policy, much greater attention has been paid to the way that ethical norms and moral values are embedded within the way states understand their own actions and interests, both enabling and constraining their behavior. Turning to these approaches raises a different question to whether ethics and foreign policy can mix, that of how best to understand, analyze, and critique the role that ethics inevitably play within foreign policy making? What are required are perspectives which, instead of constructing an ethical theory in the abstract and applying it to a concrete situation, start from the ethics of the foreign policy arena itself.
Two ways of looking at ethics are especially useful in this regard: a virtue-ethics approach and a relational-ethics approach. These can be best explored by observing how they work in a particular foreign policy context, such as the highly controversial U.K. decision to join the invasion and occupation of Iraq from 2003. This was a policy where ethics came particularly to the fore in both the decision-making process and its justification. The case study can therefore help show the types of questions virtue and relational ethics ask, the way they work as analytical and critical frameworks, and the problems they raise for the role of ethics in foreign policy. They also point toward important future directions for research in the area.
William Smith and Kimberley Brownlee
Civil disobedience and conscientious objection are distinct but related social practices that display people’s opposition to specific laws, policies, directives, or schemes. In general, these two practices arise from people’s deeply held commitments. Civil disobedience is more overtly communicative and political than conscientious objection. Civil disobedience is also, almost by definition, a breach of law, which people engage in to push for changes in either governmental or nongovernmental practices. Conscientious objection, by contrast, does not always break the law: sometimes it is a legally protected form of nonconformity. It is also less overtly political than civil disobedience, stemming as it does from people’s desire not to participate in practices they oppose, rather than from their ambition to change those practices. Both practices can be morally justified under specific conditions that, among other things, include doing only limited harm to other people. Moreover, under even more specific conditions, both practices could be said to be protected by moral rights. Civil disobedience and conscientious objection generate pressing normative and political challenges concerning the nature of the rule of law, respect for the rule of law, conditions for deliberative democracy, equality before the law, policing, adjudication, and punishment.
Liberalism in politics is associated with nonauthoritarianism, the rule of law, constitutional government with limited powers, and the guarantee of civil and political liberties. A liberal society is tolerant of different religious, philosophical, and ethical doctrines and allows individuals to freely form and express their conscientious convictions and opinions on all matters and live according to their chosen purposes and life paths. In economic terms, liberalism is associated with an unplanned economy with free and competitive markets, as well as private ownership and control of productive resources.
The basic institutions that are characteristic of a liberal society are constitutionalism and the rule of law; equal basic rights and liberties; formal equality of opportunity; free, competitive markets with private property in means of production; government’s obligation to provide public goods and a social minimum; and the fiduciary nature of political power to impartially provide for the public good. Liberals interpret these basic institutions differently. Classical liberalism regards extensive property rights and economic liberties as basic, while libertarians see all rights as property rights and as absolute. High liberalism regards economic liberties as subordinate to personal and political liberties and subject to regulation, with redistribution of income and wealth to mitigate gross inequalities and provide all citizens with adequate resources to guarantee the worth of their basic liberties and opportunities.