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Contemporary Debates in Political Philosophy PDF

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CDIA01.qxd 2/4/09 15:41 Page i Contemporary Debates in Political Philosophy Contemporary Debates in Political Philosophy Edited by Thomas Christiano and John Christman © 2009 Blackwell Publishing Ltd. ISBN: 978-1-405-13321-0 CDIA01.qxd 2/4/09 15:41 Page ii Contemporary Debates in Philosophy In teaching and research, philosophy makes progress through argumentation and debate. Contemporary Debates in Philosophy provides a forum for students and their teachers to follow and participate in the debates that animate philosophy today in the western world. Each volume presents pairs of opposing viewpoints on contested themes and topics in the central subfields of philosophy. Each volume is edited and introduced by an expert in the field, and also includes an index, bibliography, and suggestions for further reading. The opposing essays, commissioned especially for the volumes in the series, are thorough but accessible presentations of opposing points of view. 1. Contemporary Debates in Philosophy of Religion edited by Michael L. Peterson and Raymond J. Vanarragon 2. Contemporary Debates in Philosophy of Science edited by Christopher Hitchcock 3. Contemporary Debates in Epistemology edited by Matthias Steup and Ernest Sosa 4. Contemporary Debates in Applied Ethics edited by Andrew I. Cohen and Christopher Heath Wellman 5. Contemporary Debates in Aesthetics and the Philosophy of Art edited by Matthew Kieran 6. Contemporary Debates in Moral Theory edited by James Dreier 7. Contemporary Debates in Cognitive Science edited by Robert Stainton 8. Contemporary Debates in Philosophy of Mind edited by Brian McLaughlin and Jonathan Cohen 9. Contemporary Debates in Social Philosophy edited by Laurence Thomas 10. Contemporary Debates in Metaphysics edited by Theodore Sider, John Hawthorne, and Dean W. Zimmerman 11. Contemporary Debates in Political Philosophy edited by Thomas Christiano and John Christman Forthcoming Contemporary Debates are in: Philosophy of Biology edited by Francisco J. Ayala and Robert Arp Philosophy of Language edited by Ernie Lepore CDIA01.qxd 2/4/09 15:41 Page iii Contemporary Debates in Political Philosophy Edited by Thomas Christiano and John Christman A John Wiley & Sons, Ltd., Publication CDIA01.qxd 2/5/09 10:59 Page iv This edition first published 2009 © 2009 Blackwell Publishing Ltd Blackwell Publishing was acquired by John Wiley & Sons in February 2007. Blackwell’s publishing program has been merged with Wiley’s global Scientific, Technical, and Medical business to form Wiley-Blackwell. Registered Office John Wiley & Sons Ltd, The Atrium, Southern Gate, Chichester, West Sussex, PO19 8SQ, United Kingdom Editorial Offices 350 Main Street, Malden, MA 02148-5020, USA 9600 Garsington Road, Oxford, OX4 2DQ, UK The Atrium, Southern Gate, Chichester, West Sussex, PO19 8SQ, UK For details of our global editorial offices, for customer services, and for information about how to apply for permission to reuse the copyright material in this book please see our website at www.wiley.com/wiley-blackwell. The right of Thomas Christiano and John Christman to be identified as the author of the editorial material in this work has been asserted in accordance with the Copyright, Designs and Patents Act 1988. All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, except as permitted by the UK Copyright, Designs and Patents Act 1988, without the prior permission of the publisher. Wiley also publishes its books in a variety of electronic formats. Some content that appears in print may not be available in electronic books. Designations used by companies to distinguish their products are often claimed as trademarks. All brand names and product names used in this book are trade names, service marks, trademarks or registered trademarks of their respective owners. The publisher is not associated with any product or vendor mentioned in this book. This publication is designed to provide accurate and authoritative information in regard to the subject matter covered. It is sold on the understanding that the publisher is not engaged in rendering professional services. If professional advice or other expert assistance is required, the services of a competent professional should be sought. Library of Congress Cataloging-in-Publication Data Contemporary debates in political philosophy / edited by Thomas Christiano and John Christman. p.cm. – (Contemporary debates in philosophy) Includes bibliographical references and index. ISBN 978-1-4051-3321-0 (hardback : alk. paper) – ISBN 978-1-4051-3322-7 (pbk. : alk. paper) 1. Political science–Philosophy. I. Christiano, Thomas. II. Christman, John Philip. JA71.C5773 2009 320.01–dc22 2008044641 A catalogue record for this book is available from the British Library. Set in 10 on 12.5 pt Rotis Serif by Graphicraft Limited, Hong Kong Printed in Malaysia 1 2009 CDIA01.qxd 2/4/09 15:41 Page v Contents Acknowledgments vii Notes on Contributors viii 1 Introduction Thomas Christiano and John Christman 1 QUESTIONS OF METHOD 21 2 Facts and Principles G.A. Cohen 23 3 Constructivism, Facts, and Moral Justification Samuel Freeman 41 4 Reason and the Ethos of a Late-Modern Citizen Stephen White 61 LIBERALISM 79 Political Neutrality 79 5 The Moral Foundations of Liberal Neutrality Gerald F. Gaus 81 6 Perfectionism in Politics: A Defense Steven Wall 99 Liberty and Distributive Justice 119 7 Individualism and Libertarian Rights Eric Mack 121 8 Left-Libertarianism and Liberty Peter Vallentyne 137 Equality 153 9 Illuminating Egalitarianism Larry S. Temkin 155 10 A Reasonable Alternative to Egalitarianism John Kekes 179 CDIA01.qxd 2/4/09 15:41 Page vi DEMOCRACY AND ITS LIMITS 195 The Value of Democracy 195 11 The Supposed Right to a Democratic Say Richard J. Arneson 197 12 Democracy: Instrumental vs. Non-Instrumental Value Elizabeth Anderson 213 Deliberative Democracy 229 13 Deliberative Democracy Russell Hardin 231 14 Reflections on Deliberative Democracy Joshua Cohen 247 Constitutionalism 265 15 Constitutionalism – A Skeptical View Jeremy Waldron 267 16 Constitutionalism Larry Alexander 283 PERSONS, IDENTITY AND DIFFERENCE 301 Individualism and Community 301 17 Individualism and the Claims of Community Richard Dagger 303 18 Liberalism, Communitarianism, and the Politics of Identity Margaret Moore 322 Identity and the Politics of Difference 343 19 Relational Liberalism and Demands for Equality, Recognition, and Group Rights Anthony Simon Laden 345 20 Structural Injustice and the Politics of Difference Iris M. Young 362 GLOBAL JUSTICE 385 Cosmopolitanism 385 21 Cosmopolitanism and Justice Simon Caney 387 22 Distributive Justice at Home and Abroad Jon Mandle 408 Human Rights 423 23 The Dark Side of Human Rights Onora O’Neill 425 24 A Defense of Welfare Rights as Human Rights James W. Nickel 437 Index 457 vi Contents CDIA01.qxd 2/10/09 10:26 Page vii Acknowledgments A longer version of Chapter 2 appeared as an article by Prof. Cohen, “Facts and Principles,” in Philosophy and Public Affairs31(3) (Summer 2003): 211–45. Chapter 20 is a revised version of a paper by Prof. Young which appeared in Multiculturalism and Political Theory, ed. Anthony Laden and David Owen (Cambridge: Cambridge University Press, 2007). Chapter 24 is a revised and expanded version of Prof. Nickel’s “Poverty and Rights,” The Philosophical Quarterly 55 (2005). Chapter 23 is reprinted with permission from International Affairs 81 (2) (2005): 427–39. All previously published material used by permission with the gratitude of the editors. We would also like to thank our indexers, Daniel M. Silvermint and Justin Tosi. CDIA01.qxd 2/4/09 15:41 Page viii Notes on Contributors Larry Alexander is a Warren Distinguished Professor of Law at the University of San Diego School of Law. He is the author of Is There a Right of Freedom of Expression? (Cambridge: Cambridge University Press, 2005); (with Emily Sherwin) The Rule of Rules: Morality, Rules and the Dilemmas of Law(Durham, NC: Duke University Press, 2001); Constitutionalism: Philosophical Foundations (Cambridge: Cambridge University Press, 1998); (with Paul Horton) Whom Does the Constitution Command?(New York: Green- wood Press, 1988); several anthologies; and more than 160 articles, book chapters and review essays in jurisprudence, constitutional law, criminal law, and normative ethics. He has been a member of the faculty at the University of San Diego School of Law since 1970. He is the co-editor of the journal Legal Theory, and he serves on the editorial boards of Ethics, Law and Philosophy and Criminal Law and Philosophy. He is co-executive director of the Institute for Law and Philosophy at the University of San Diego and he is past president of AMINTAPHIL. Elizabeth Anderson is John Rawls Collegiate Professor of Philosophy and Women’s Studies at the University of Michigan, Ann Arbor. Her research has focused on democratic theory, egalitarianism, the ethical limits of markets, theories of value and rational choice, the philosophies of John Stuart Mill and John Dewey, and feminist epistemology and philosophy of science. She is the author of Value in Ethics and Economics (Cambridge, MA: Harvard University Press, 1993). She is currently writing a book on the ideal of ethno-racial integration in democratic theory. Richard J. Arneson is professor of philosophy at the University of California, San Diego, where he has been employed since 1973. His current rank there is Professor, Above Scale (Distinguished Professor). In winter, 2006 he held a visiting appoint- ment at the Centre for Public Philosophy and Applied Ethics at Australian National University. His works mainly concern political and moral philosophy. Several of his recent essays explore one of two topics: (1) how best to integrate sensible accounts CDIA01.qxd 2/4/09 15:41 Page ix of individual responsibility and human well-being into an egalitarian theory of social justice; and (2) how best to defend act consequentialism in the light of the most serious recent criticisms this doctrine has attracted. Simon Caney is Professor in Political Theory and Tutorial Fellow in Politics at Magdalen College, Oxford. He has published articles on justice, rights, perfectionism, and global justice, in philosophy, politics and law journals. He is the author of Justice Beyond Borders (New York: Oxford University Press, 2005). He is working on a book entitled On Cosmopolitanism (for Oxford University Press) and a book entitled Global Justice and Climate Change (co-authored with Dr Derek Bell and also for Oxford University Press). He currently holds a three-year ESRC Leadership Fellowship on Climate Change. Thomas Christiano is Professor of Philosophy and Law at the University of Arizona. He is also the co-director of the Rogers Program in Law and Society in the College of Law. He has been a fellow at the National Humanities Center, a visiting fellow of All Souls College, Oxford, and a visiting fellow in the Research School of the Social Sciences at the Australian National University. He has published widely in the areas of moral and political philosophy and is the author of The Constitution of Equality: Democratic Authority and Its Limits(Oxford: Oxford University Press, 2008), The Rule of the Many: Fundamental Issues in Democratic Theory(Boulder, CO: Westview Press, 1996). He is currently finishing a book on the foundations of equality. John Christman is Associate Professor of Philosophy, Political Science and Women’s Studies at Pennsylvania State University, where he specializes in contemporary social and political philosophy. He is the author of The Myth of Property(New York: Oxford University Press, 1994), Social and Political Philosophy: A Contemporary Introduction (London: Routledge, 2002), and The Politics of Persons: Individual Autonomy and Socio-historical Selves (Cambridge: Cambridge University Press, 2009). G. A. Cohen was educated at McGill and Oxford Universities where he obtained, respec- tively, the degrees of B. A. in Philosophy and Politics in 1961 and B. Phil. in Philosophy in 1963. For twenty-two years he was a Lecturer and then a Reader in Philosophy at University College, London. In 1985 he became Chichele Professor of Social and Political Theory and a Fellow of All Souls College, Oxford. Professor Cohen is the author of Karl Marx’s Theory of History: A Defence (1978; expanded edn, New York: Oxford University Press, 2000), History, Labour, and Freedom(New York: Oxford University Press, 1988), Self-Ownership, Freedom, and Equality(New York: Cambridge University Press, 1995), If You’re an Egalitarian, How Come You’re So Rich? (Cambridge, MA: Harvard University Press, 2000) and Rescuing Justice and Equality (Harvard University Press, 2008). Cohen has given lectures all over the world, including the Tanner Lectures at Stanford University in 1991 and the Gifford Lectures at Edinburgh University in 1996. He was made a Fellow of the British Academy in 1985. Joshua Cohen is professor of political science, philosophy, and law at Stanford University, where he directs the Program on Global Justice. He has been editor of the Boston Review since 1991. A collection of his papers on issues of democratic theory will be published by Harvard University Press in 2009. Notes on Contributors ix CDIA01.qxd 2/4/09 15:41 Page x Richard Dagger is Professor of Political Science at Rhodes College, where he also directs the Search for Values Program. He is the author of Civic Virtues: Rights, Citizenship, and Republican Liberalism (New York: Oxford University Press, 1997) and co-author, with Terence Ball, of Political Ideologies and the Democratic Ideal (7th edn, New York: Longman, 2008). His recent essays in political and legal philo- sophy include: “Republican Punishment: Consequentialist or Retributivist?” in C. LaBorde and J. Maynor, eds., Republicanism and Political Theory(Malden, MA: Blackwell, 2008); “Punishment as Fair Play,” Res Publica (2009); and “Republicanism and Crime,” in S. Besson and J.-L. Marti, eds., Legal Republicanism (New York: Oxford University Press, 2009). Samuel Freeman is Professor of Philosophy and Law at the University of Pennsylvania. He is the author of Justice and the Social Contract (New York: Oxford University Press, 2006) and Rawls (New York: Routledge, 2007), and has edited The Cambridge Companion to Rawls (New York: Cambridge University Press, 2002), as well as John Rawls’s Collected Papers(Cambridge, MA: Harvard University Press, 2001) and his Lectures on the History of Political Philosophy (Cambridge, MA: Harvard University Press, 2007). Gerald F. Gaus is James E. Rogers Professor of Philosophy at the University of Arizona. Among his books are On Philosophy, Politics, and Economics(Belmont, CA: Wadsworth, 2008), Contemporary Theories of Liberalism: Public Reason as a Post-Enlightenment Project (New York: Sage, 2003), Justificatory Liberalism (New York: Oxford University Press, 1996), and Value and Justification(New York: Cambridge University Press, 1990). He and Chandran Kukathas edited the Handbook of Political Theory (New York: Sage, 2004). Along with Jonathan Riley, he is a founding editor of Politics, Philosophy and Economics. He is currently completing a book on The Order of Public Reason (New York: Cambridge University Press) and, with Julian Lamont, is writing a book on Economic Justice (Malden, MA: Blackwell). Russell Hardin is professor of Politics at New York University. He is the author of many books, including How Do You Know?(Princeton, NJ: Princeton University Press, forthcoming), Indeterminacy and Society (Princeton, NJ: Princeton University Press, 2003), Trust (Cambridge: Polity Press, 2006), and Liberalism, Constitutionalism, and Democracy (New York: Oxford University Press, 1999). John Kekes has retired after many years, first as Professor of Philosophy, and then as Research Professor, and now works as an independent author. His many books include Against Liberalism (Ithaca, NY: Cornell University Press, 1997), A Case for Conservatism (Ithaca, NY: Cornell University Press, 1998), and most recently Enjoyment (New York: Oxford University Press, 2008). He is at work on The Human Condition: A Secular View. His email address is [email protected]. Anthony Simon Ladenis Professor of Philosophy at the University of Illinois at Chicago, where he has taught since 1996. He is the author of Reasonably Radical (Ithaca, NY: Cornell University Press, 2001) and co-editor, with David Owen, of Multiculturalism and Political Theory(New York: Cambridge University Press, 2007). His research focuses x Notes on Contributors

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