Corey Brettschneider
- Published in print:
- 2012
- Published Online:
- October 2017
- ISBN:
- 9780691147628
- eISBN:
- 9781400842377
- Item type:
- chapter
- Publisher:
- Princeton University Press
- DOI:
- 10.23943/princeton/9780691147628.003.0002
- Subject:
- Philosophy, Political Philosophy
This chapter proposes a “principle of public relevance,” which claims that when beliefs, expression, and practices conflict with the ideal of free and equal citizenship, they should be changed to ...
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This chapter proposes a “principle of public relevance,” which claims that when beliefs, expression, and practices conflict with the ideal of free and equal citizenship, they should be changed to make them compatible with that ideal. There are two ways to fulfill the principle of public relevance, consistent with a respect for rights. The first way, “reflective revision,” emphasizes the duty of citizens to incorporate the ideal of free and equal citizenship into their own set of beliefs and practices. The second way is “democratic persuasion.” It gives the state and citizens two duties: they should convince other citizens to adopt the ideal of free and equal citizenship, and they should criticize policies and positions that oppose free and equal citizenship. Together, reflective revision and democratic persuasion specify how the principle of public relevance can be realized.Less
This chapter proposes a “principle of public relevance,” which claims that when beliefs, expression, and practices conflict with the ideal of free and equal citizenship, they should be changed to make them compatible with that ideal. There are two ways to fulfill the principle of public relevance, consistent with a respect for rights. The first way, “reflective revision,” emphasizes the duty of citizens to incorporate the ideal of free and equal citizenship into their own set of beliefs and practices. The second way is “democratic persuasion.” It gives the state and citizens two duties: they should convince other citizens to adopt the ideal of free and equal citizenship, and they should criticize policies and positions that oppose free and equal citizenship. Together, reflective revision and democratic persuasion specify how the principle of public relevance can be realized.
Corey Brettschneider
- Published in print:
- 2012
- Published Online:
- October 2017
- ISBN:
- 9780691147628
- eISBN:
- 9781400842377
- Item type:
- chapter
- Publisher:
- Princeton University Press
- DOI:
- 10.23943/princeton/9780691147628.003.0003
- Subject:
- Philosophy, Political Philosophy
This chapter discusses the conception of “publicly justifiable privacy,” which clarifies the implications of the principle of public relevance for thinking about the divide between public and ...
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This chapter discusses the conception of “publicly justifiable privacy,” which clarifies the implications of the principle of public relevance for thinking about the divide between public and private. This conception of publicly justifiable privacy challenges the traditional liberal approach of separating public values from the internal dynamics of the family and civil society. According to publicly justifiable privacy, family and civil society practices that conflict with free and equal citizenship should be protected by rights, but ideally should be amended to be compatible with public values. The chapter then argues that people should engage in reflective revision to change those personal beliefs and practices.Less
This chapter discusses the conception of “publicly justifiable privacy,” which clarifies the implications of the principle of public relevance for thinking about the divide between public and private. This conception of publicly justifiable privacy challenges the traditional liberal approach of separating public values from the internal dynamics of the family and civil society. According to publicly justifiable privacy, family and civil society practices that conflict with free and equal citizenship should be protected by rights, but ideally should be amended to be compatible with public values. The chapter then argues that people should engage in reflective revision to change those personal beliefs and practices.
Corey Brettschneider
- Published in print:
- 2012
- Published Online:
- October 2017
- ISBN:
- 9780691147628
- eISBN:
- 9781400842377
- Item type:
- chapter
- Publisher:
- Princeton University Press
- DOI:
- 10.23943/princeton/9780691147628.003.0005
- Subject:
- Philosophy, Political Philosophy
This chapter examines the notion that, while persuasion should not be backed by coercive force, it should be backed by the state's subsidy power. It defines subsidy power as the ability of the state ...
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This chapter examines the notion that, while persuasion should not be backed by coercive force, it should be backed by the state's subsidy power. It defines subsidy power as the ability of the state to spend money and, as crucially, to refuse to spend money on certain organizations. The state's subsidy power includes the ability to grant or withdraw tax-exempt, tax-deductible non-profit status. Its use is compatible with the right of free expression. Indeed, the chapter argues that the reasons justifying free expression require the state to withdraw subsidies from groups that oppose the core values of free and equal citizenship.Less
This chapter examines the notion that, while persuasion should not be backed by coercive force, it should be backed by the state's subsidy power. It defines subsidy power as the ability of the state to spend money and, as crucially, to refuse to spend money on certain organizations. The state's subsidy power includes the ability to grant or withdraw tax-exempt, tax-deductible non-profit status. Its use is compatible with the right of free expression. Indeed, the chapter argues that the reasons justifying free expression require the state to withdraw subsidies from groups that oppose the core values of free and equal citizenship.
Corey Brettschneider
- Published in print:
- 2012
- Published Online:
- October 2017
- ISBN:
- 9780691147628
- eISBN:
- 9781400842377
- Item type:
- chapter
- Publisher:
- Princeton University Press
- DOI:
- 10.23943/princeton/9780691147628.003.0007
- Subject:
- Philosophy, Political Philosophy
This concluding chapter examines some possible further implications of democratic persuasion that might be a source for further study. The first implication is that the book's view might serve as a ...
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This concluding chapter examines some possible further implications of democratic persuasion that might be a source for further study. The first implication is that the book's view might serve as a model for other states that seek an alternative to the two dominant approaches to free speech. The third approach, democratic persuasion, allows free speech advocates to retain the protections against coercion found in rights of free expression. However, democratic persuasion also gives voice to the fundamental value of free and equal citizenship that underlies free speech. The second implication of the book's view is that it can also serve as a model for understanding how to promote ideals of equality in international law without violating the rights of individuals or the rights of states. Indeed, democratic persuasion already has a prominent role in international law.Less
This concluding chapter examines some possible further implications of democratic persuasion that might be a source for further study. The first implication is that the book's view might serve as a model for other states that seek an alternative to the two dominant approaches to free speech. The third approach, democratic persuasion, allows free speech advocates to retain the protections against coercion found in rights of free expression. However, democratic persuasion also gives voice to the fundamental value of free and equal citizenship that underlies free speech. The second implication of the book's view is that it can also serve as a model for understanding how to promote ideals of equality in international law without violating the rights of individuals or the rights of states. Indeed, democratic persuasion already has a prominent role in international law.
Seyla Benhabib
- Published in print:
- 2018
- Published Online:
- May 2019
- ISBN:
- 9780691167251
- eISBN:
- 9780691184234
- Item type:
- chapter
- Publisher:
- Princeton University Press
- DOI:
- 10.23943/princeton/9780691167251.003.0002
- Subject:
- Philosophy, Political Philosophy
This chapter explains how in the German—Jewish encounter with political modernity, the contradictory presuppositions constitutive of every nation-state are revealed. Now that the weaknesses of the ...
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This chapter explains how in the German—Jewish encounter with political modernity, the contradictory presuppositions constitutive of every nation-state are revealed. Now that the weaknesses of the Westphalian state-system are becoming increasingly apparent, whereas the alternative institutions that ought to transcend this system are still remote, scholars can identify some of these paradoxes more vividly. The dignity of equal citizenship for all and the sovereignty claims of the nation are the dual sources of legitimacy in the modern nation-state, and the tensions among them have accompanied and enframed the people's political experiences since the bourgeois democratic revolutions of the eighteenth century. The chapter shows how Jewish political and legal thinkers of the twentieth century have grappled with both dimensions of this paradox.Less
This chapter explains how in the German—Jewish encounter with political modernity, the contradictory presuppositions constitutive of every nation-state are revealed. Now that the weaknesses of the Westphalian state-system are becoming increasingly apparent, whereas the alternative institutions that ought to transcend this system are still remote, scholars can identify some of these paradoxes more vividly. The dignity of equal citizenship for all and the sovereignty claims of the nation are the dual sources of legitimacy in the modern nation-state, and the tensions among them have accompanied and enframed the people's political experiences since the bourgeois democratic revolutions of the eighteenth century. The chapter shows how Jewish political and legal thinkers of the twentieth century have grappled with both dimensions of this paradox.
T.R.S. Allan
- Published in print:
- 2003
- Published Online:
- January 2010
- ISBN:
- 9780199267880
- eISBN:
- 9780191707728
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199267880.003.0001
- Subject:
- Law, Constitutional and Administrative Law
This book offers an account of the rule of law that, though primarily an ideal of procedural fairness, governing the manner in which laws and policies should be applied to particular persons, also ...
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This book offers an account of the rule of law that, though primarily an ideal of procedural fairness, governing the manner in which laws and policies should be applied to particular persons, also has important implications for the permissible content of such laws and policies. The rule of law is explained as a set of closely interrelated principles that together make up the core of the doctrine or theory of constitutionalism, and hence a necessary component of any genuine liberal or constitutional democratic polity. The book argues that the procedural ideal of ‘natural justice’ or due process, if it is to provide real protection against arbitrary power, must be accompanied by the equally fundamental ideal of equality. The latter ideal imposes substantive constraints on governmental power, ensuring equal citizenship. This book discusses the rule of law as a rule of reason, constitutionalism in the United Kingdom and A.V. Dicey's ‘rule of law’, equal citizenship, and constitutional democracy.Less
This book offers an account of the rule of law that, though primarily an ideal of procedural fairness, governing the manner in which laws and policies should be applied to particular persons, also has important implications for the permissible content of such laws and policies. The rule of law is explained as a set of closely interrelated principles that together make up the core of the doctrine or theory of constitutionalism, and hence a necessary component of any genuine liberal or constitutional democratic polity. The book argues that the procedural ideal of ‘natural justice’ or due process, if it is to provide real protection against arbitrary power, must be accompanied by the equally fundamental ideal of equality. The latter ideal imposes substantive constraints on governmental power, ensuring equal citizenship. This book discusses the rule of law as a rule of reason, constitutionalism in the United Kingdom and A.V. Dicey's ‘rule of law’, equal citizenship, and constitutional democracy.
T.R.S. ALLAN
- Published in print:
- 2003
- Published Online:
- January 2010
- ISBN:
- 9780199267880
- eISBN:
- 9780191707728
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199267880.003.0005
- Subject:
- Law, Constitutional and Administrative Law
The principles of equality and due process lie at the heart of the rule of law, when interpreted as an ideal of constitutionalism, based on each citizen's equal dignity. The meaning of the rule of ...
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The principles of equality and due process lie at the heart of the rule of law, when interpreted as an ideal of constitutionalism, based on each citizen's equal dignity. The meaning of the rule of law cannot be confined to matters of procedure, narrowly interpreted: ‘procedure’ is merely an aspect of ‘process’, whose integrity preserves the fundamental right of equality, or equal citizenship. Since due process supplements fair procedures by insisting on the application, by public officials, of appropriate criteria of decision, it imposes substantive limitations on their power. Legislative and administrative judgments alike must be made within a constitutional framework that identifies, and enforces, explicit and widely acknowledged precepts of justice. Conformity to these precepts ensures a genuine —substantive —equality of all before a law that serves a coherent (if capacious and adaptable) conception of the common good. This chapter discusses administrative justice and constitutional principle, judicial functions and executive agencies, and legislative classifications and the definition of ‘act of attainder’.Less
The principles of equality and due process lie at the heart of the rule of law, when interpreted as an ideal of constitutionalism, based on each citizen's equal dignity. The meaning of the rule of law cannot be confined to matters of procedure, narrowly interpreted: ‘procedure’ is merely an aspect of ‘process’, whose integrity preserves the fundamental right of equality, or equal citizenship. Since due process supplements fair procedures by insisting on the application, by public officials, of appropriate criteria of decision, it imposes substantive limitations on their power. Legislative and administrative judgments alike must be made within a constitutional framework that identifies, and enforces, explicit and widely acknowledged precepts of justice. Conformity to these precepts ensures a genuine —substantive —equality of all before a law that serves a coherent (if capacious and adaptable) conception of the common good. This chapter discusses administrative justice and constitutional principle, judicial functions and executive agencies, and legislative classifications and the definition of ‘act of attainder’.
Corey Brettschneider
- Published in print:
- 2012
- Published Online:
- October 2017
- ISBN:
- 9780691147628
- eISBN:
- 9781400842377
- Item type:
- book
- Publisher:
- Princeton University Press
- DOI:
- 10.23943/princeton/9780691147628.001.0001
- Subject:
- Philosophy, Political Philosophy
How should a liberal democracy respond to hate groups and others that oppose the ideal of free and equal citizenship? The democratic state faces the hard choice of either protecting the rights of ...
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How should a liberal democracy respond to hate groups and others that oppose the ideal of free and equal citizenship? The democratic state faces the hard choice of either protecting the rights of hate groups and allowing their views to spread, or banning their views and violating citizens' rights to freedoms of expression, association, and religion. Avoiding the familiar yet problematic responses to these issues, this book proposes a new approach called value democracy. The theory of value democracy argues that the state should protect the right to express illiberal beliefs, but the state should also engage in democratic persuasion when it speaks through its various expressive capacities: publicly criticizing, and giving reasons to reject, hate-based or other discriminatory viewpoints. Distinguishing between two kinds of state action—expressive and coercive—the book contends that public criticism of viewpoints advocating discrimination based on race, gender, or sexual orientation should be pursued through the state's expressive capacities as speaker, educator, and spender. When the state uses its expressive capacities to promote the values of free and equal citizenship, it engages in democratic persuasion. By using democratic persuasion, the state can both respect rights and counter hateful or discriminatory viewpoints. The book extends this analysis from freedom of expression to the freedoms of religion and association, and shows that value democracy can uphold the protection of these freedoms while promoting equality for all citizens.Less
How should a liberal democracy respond to hate groups and others that oppose the ideal of free and equal citizenship? The democratic state faces the hard choice of either protecting the rights of hate groups and allowing their views to spread, or banning their views and violating citizens' rights to freedoms of expression, association, and religion. Avoiding the familiar yet problematic responses to these issues, this book proposes a new approach called value democracy. The theory of value democracy argues that the state should protect the right to express illiberal beliefs, but the state should also engage in democratic persuasion when it speaks through its various expressive capacities: publicly criticizing, and giving reasons to reject, hate-based or other discriminatory viewpoints. Distinguishing between two kinds of state action—expressive and coercive—the book contends that public criticism of viewpoints advocating discrimination based on race, gender, or sexual orientation should be pursued through the state's expressive capacities as speaker, educator, and spender. When the state uses its expressive capacities to promote the values of free and equal citizenship, it engages in democratic persuasion. By using democratic persuasion, the state can both respect rights and counter hateful or discriminatory viewpoints. The book extends this analysis from freedom of expression to the freedoms of religion and association, and shows that value democracy can uphold the protection of these freedoms while promoting equality for all citizens.
Anne Newman
- Published in print:
- 2013
- Published Online:
- May 2014
- ISBN:
- 9780226071749
- eISBN:
- 9780226071886
- Item type:
- chapter
- Publisher:
- University of Chicago Press
- DOI:
- 10.7208/chicago/9780226071886.003.0003
- Subject:
- Education, Educational Policy and Politics
This chapter addresses the question: If we should treat education as a preconditional right to enable fair deliberative decision-making, what should this right include? Rights claims have become ...
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This chapter addresses the question: If we should treat education as a preconditional right to enable fair deliberative decision-making, what should this right include? Rights claims have become ubiquitous in education reform discourse, but little work to date has focused a philosophical lens on the substantive argument for a right to education, its democratic implications, and what this entitlement should include. This chapter begins with a brief overview of rights theory to call attention to how education is sidelined in existing accounts of welfare rights, and argues why it merits a place alongside the other social goods covered by this literature. The chapter next defends the deliberative view of citizenship as the proper framework in which to situate educational rights, and then turns to its educational demands. The general contours of this right are outlined by focusing on the civic skills associated with meaningfully exercising free speech and voting rights, which illustrate the conditions that facilitate equal citizenship. The chapter focuses in particular on the development of citizens’ cognitive autonomy and ability to use public reason as central to the meaningful exercise of political liberties.Less
This chapter addresses the question: If we should treat education as a preconditional right to enable fair deliberative decision-making, what should this right include? Rights claims have become ubiquitous in education reform discourse, but little work to date has focused a philosophical lens on the substantive argument for a right to education, its democratic implications, and what this entitlement should include. This chapter begins with a brief overview of rights theory to call attention to how education is sidelined in existing accounts of welfare rights, and argues why it merits a place alongside the other social goods covered by this literature. The chapter next defends the deliberative view of citizenship as the proper framework in which to situate educational rights, and then turns to its educational demands. The general contours of this right are outlined by focusing on the civic skills associated with meaningfully exercising free speech and voting rights, which illustrate the conditions that facilitate equal citizenship. The chapter focuses in particular on the development of citizens’ cognitive autonomy and ability to use public reason as central to the meaningful exercise of political liberties.
Anne Newman
- Published in print:
- 2013
- Published Online:
- May 2014
- ISBN:
- 9780226071749
- eISBN:
- 9780226071886
- Item type:
- chapter
- Publisher:
- University of Chicago Press
- DOI:
- 10.7208/chicago/9780226071886.003.0004
- Subject:
- Education, Educational Policy and Politics
Chapter 3 addresses a likely challenge to arguments for a right to education as a matter of equal citizenship: that they are just utopian musings. In response, the chapter focuses on select moments ...
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Chapter 3 addresses a likely challenge to arguments for a right to education as a matter of equal citizenship: that they are just utopian musings. In response, the chapter focuses on select moments in American history that illustrate that arguments for a right to education have deep roots in our social and legal history. The chapter first considers education proposals from three historical periods during which foundational questions about rights, citizenship, and democratic entitlements were considered at the federal level: the Revolutionary period; Reconstruction; and the New Deal. It then focuses on the landmark Supreme Court case, San Antonio Independent School District v. Rodriguez(1973), which decided by a narrow 5-4 vote that education is not a right protected by the US Constitution. Although the efforts discussed in this chapter have not led to federal recognition of a right to education, they underscore that the idea is an enduring part of US politics that carries through to the advocacy efforts discussed in the next two chapters.Less
Chapter 3 addresses a likely challenge to arguments for a right to education as a matter of equal citizenship: that they are just utopian musings. In response, the chapter focuses on select moments in American history that illustrate that arguments for a right to education have deep roots in our social and legal history. The chapter first considers education proposals from three historical periods during which foundational questions about rights, citizenship, and democratic entitlements were considered at the federal level: the Revolutionary period; Reconstruction; and the New Deal. It then focuses on the landmark Supreme Court case, San Antonio Independent School District v. Rodriguez(1973), which decided by a narrow 5-4 vote that education is not a right protected by the US Constitution. Although the efforts discussed in this chapter have not led to federal recognition of a right to education, they underscore that the idea is an enduring part of US politics that carries through to the advocacy efforts discussed in the next two chapters.
Noah Salomon
- Published in print:
- 2011
- Published Online:
- June 2013
- ISBN:
- 9780804775366
- eISBN:
- 9780804780704
- Item type:
- chapter
- Publisher:
- Stanford University Press
- DOI:
- 10.11126/stanford/9780804775366.003.0011
- Subject:
- Law, Legal History
This chapter on “postconflict” Sudan describes the tensions that emerge within the law from the competing demands for equal citizenship and multiculturalism in which law is applied, or not applied, ...
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This chapter on “postconflict” Sudan describes the tensions that emerge within the law from the competing demands for equal citizenship and multiculturalism in which law is applied, or not applied, on the basis of the religious or cultural identity of the defendant. The conventional depoliticization of discourse on the rule of law has allowed it to be adopted by those who call into question the very foundation of the rule of law. Barring the unlikely elimination of shari'a in northern Sudan, this chapter asks whether social stability must now be gauged through the negotiation of a system of radical legal pluralism.Less
This chapter on “postconflict” Sudan describes the tensions that emerge within the law from the competing demands for equal citizenship and multiculturalism in which law is applied, or not applied, on the basis of the religious or cultural identity of the defendant. The conventional depoliticization of discourse on the rule of law has allowed it to be adopted by those who call into question the very foundation of the rule of law. Barring the unlikely elimination of shari'a in northern Sudan, this chapter asks whether social stability must now be gauged through the negotiation of a system of radical legal pluralism.
Anne Newman
- Published in print:
- 2013
- Published Online:
- May 2014
- ISBN:
- 9780226071749
- eISBN:
- 9780226071886
- Item type:
- book
- Publisher:
- University of Chicago Press
- DOI:
- 10.7208/chicago/9780226071886.001.0001
- Subject:
- Education, Educational Policy and Politics
In this book, Anne Newman addresses urgent moral and policy questions about educational justice in a democratic society. She focuses on two questions that arise at the intersection of political ...
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In this book, Anne Newman addresses urgent moral and policy questions about educational justice in a democratic society. She focuses on two questions that arise at the intersection of political theory, educational policy, and the law. The first is a theoretical question: What is the place of a right to education in a deliberative democracy? She argues for this right as a matter of equal citizenship, and emphasizes that it must be shielded from the sway of majoritarian policy-making far more carefully than policy-makers and theorists recognize. She then turns to a related practical question: How can this right be realized in the US?She offers two case studies of leading types of rights-based democratic activism: school finance litigation at the state level, and the mobilization of citizens through community-based organizations. She compares the role of rights claims on these different paths to reform, and also considers how democratic ideals may need to be revised in light of the obstacles that reformers face in their advocacy for educational rights. By bringing together philosophical analysis and policy-minded case studies, this book advances understanding of the relationships among moral and legal rights, education reform, and democratic politics.Less
In this book, Anne Newman addresses urgent moral and policy questions about educational justice in a democratic society. She focuses on two questions that arise at the intersection of political theory, educational policy, and the law. The first is a theoretical question: What is the place of a right to education in a deliberative democracy? She argues for this right as a matter of equal citizenship, and emphasizes that it must be shielded from the sway of majoritarian policy-making far more carefully than policy-makers and theorists recognize. She then turns to a related practical question: How can this right be realized in the US?She offers two case studies of leading types of rights-based democratic activism: school finance litigation at the state level, and the mobilization of citizens through community-based organizations. She compares the role of rights claims on these different paths to reform, and also considers how democratic ideals may need to be revised in light of the obstacles that reformers face in their advocacy for educational rights. By bringing together philosophical analysis and policy-minded case studies, this book advances understanding of the relationships among moral and legal rights, education reform, and democratic politics.
Rob Reich and Danielle Allen (eds)
- Published in print:
- 2013
- Published Online:
- September 2013
- ISBN:
- 9780226012629
- eISBN:
- 9780226012933
- Item type:
- book
- Publisher:
- University of Chicago Press
- DOI:
- 10.7208/chicago/9780226012933.001.0001
- Subject:
- Education, Philosophy and Theory of Education
Education is a contested topic, and not just politically. For years scholars have approached it from two different points of view: one empirical, focused on explanations for student and school ...
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Education is a contested topic, and not just politically. For years scholars have approached it from two different points of view: one empirical, focused on explanations for student and school success and failure; and the other philosophical, focused on education's value and purpose within the larger society. Rarely have these separate approaches been brought into the same conversation. This book does just that, offering an intensive discussion by scholars across empirical and philosophical disciplines. The contributors explore how the institutions and practices of education can support democracy by creating the conditions for equal citizenship and egalitarian empowerment, and how they can advance justice by securing social mobility and cultivating the talents and interests of every individual. They then evaluate constraints on achieving the goals of democracy and justice in the educational arena, and identify strategies that we can employ to work through or around those constraints. More than a thorough compendium on a timely and contested topic, the book exhibits an entirely new, deeply composed way of thinking about education as a whole and its importance to a good society.Less
Education is a contested topic, and not just politically. For years scholars have approached it from two different points of view: one empirical, focused on explanations for student and school success and failure; and the other philosophical, focused on education's value and purpose within the larger society. Rarely have these separate approaches been brought into the same conversation. This book does just that, offering an intensive discussion by scholars across empirical and philosophical disciplines. The contributors explore how the institutions and practices of education can support democracy by creating the conditions for equal citizenship and egalitarian empowerment, and how they can advance justice by securing social mobility and cultivating the talents and interests of every individual. They then evaluate constraints on achieving the goals of democracy and justice in the educational arena, and identify strategies that we can employ to work through or around those constraints. More than a thorough compendium on a timely and contested topic, the book exhibits an entirely new, deeply composed way of thinking about education as a whole and its importance to a good society.
Christie Hartley and Lori Watson
- Published in print:
- 2018
- Published Online:
- September 2018
- ISBN:
- 9780190683023
- eISBN:
- 9780190683061
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780190683023.001.0001
- Subject:
- Philosophy, Feminist Philosophy, Political Philosophy
This book is a defense of political liberalism as a feminist liberalism. The first half of the book develops and defends a novel interpretation of political liberalism. It is argued that political ...
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This book is a defense of political liberalism as a feminist liberalism. The first half of the book develops and defends a novel interpretation of political liberalism. It is argued that political liberals should accept a restrictive account of public reason and that political liberals’ account of public justification is superior to the leading alternative, the convergence account of public justification. In the second half of the book, it is argued that political liberalism’s core commitments restrict all reasonable conceptions of justice to those that secure genuine, substantive equality for women and other marginalized groups. Here it is demonstrated how public reason arguments can be used to support law and policy needed to address historical sites of women’s subordination to advance equality; prostitution, the gendered division of labor and marriage, in particular, are considered.Less
This book is a defense of political liberalism as a feminist liberalism. The first half of the book develops and defends a novel interpretation of political liberalism. It is argued that political liberals should accept a restrictive account of public reason and that political liberals’ account of public justification is superior to the leading alternative, the convergence account of public justification. In the second half of the book, it is argued that political liberalism’s core commitments restrict all reasonable conceptions of justice to those that secure genuine, substantive equality for women and other marginalized groups. Here it is demonstrated how public reason arguments can be used to support law and policy needed to address historical sites of women’s subordination to advance equality; prostitution, the gendered division of labor and marriage, in particular, are considered.
Christie Hartley
- Published in print:
- 2018
- Published Online:
- September 2018
- ISBN:
- 9780190683023
- eISBN:
- 9780190683061
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780190683023.003.0003
- Subject:
- Philosophy, Feminist Philosophy, Political Philosophy
This chapter discusses the moral foundation of public justification for political liberals. Two conceptions of liberal democracies are contrasted together with their distinctive accounts of public ...
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This chapter discusses the moral foundation of public justification for political liberals. Two conceptions of liberal democracies are contrasted together with their distinctive accounts of public justification. It is argued that political liberals view liberal democracies as a shared project among persons with the end of living on terms of mutual respect with others and that this leads to a shared reasons view of public justification. This view is shown to be superior to the convergence account of public justification on the grounds that (1) convergence accounts of public reason fail to capture what is distinctive about democratic decision-making, namely, that it represents a kind of collective willing, and (2) convergence accounts lack normative stability. Political liberalism offers both.Less
This chapter discusses the moral foundation of public justification for political liberals. Two conceptions of liberal democracies are contrasted together with their distinctive accounts of public justification. It is argued that political liberals view liberal democracies as a shared project among persons with the end of living on terms of mutual respect with others and that this leads to a shared reasons view of public justification. This view is shown to be superior to the convergence account of public justification on the grounds that (1) convergence accounts of public reason fail to capture what is distinctive about democratic decision-making, namely, that it represents a kind of collective willing, and (2) convergence accounts lack normative stability. Political liberalism offers both.
Rachel Condry
- Published in print:
- 2018
- Published Online:
- November 2018
- ISBN:
- 9780198810087
- eISBN:
- 9780191847257
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780198810087.003.0002
- Subject:
- Law, Criminal Law and Criminology
This chapter explores the wide-ranging impact of imprisonment upon the lives of the families of prisoners and the entrenched social inequalities that this both generates and reinforces. It considers ...
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This chapter explores the wide-ranging impact of imprisonment upon the lives of the families of prisoners and the entrenched social inequalities that this both generates and reinforces. It considers the concept of social justice and whether it is useful to this enterprise. The chapter furthermore questions why the families of prisoners are faced with many difficulties. It applies theories of social justice to the consequences experienced by families of prisoners and asks whether or not those consequences are consistent with the principles of these theories. In a democratic society that claims to be organised around principles of equal citizenship, the chapter argues that there is a need to fully consider how and why families of prisoners (as innocent citizens) are affected by punishment inflicted by the state.Less
This chapter explores the wide-ranging impact of imprisonment upon the lives of the families of prisoners and the entrenched social inequalities that this both generates and reinforces. It considers the concept of social justice and whether it is useful to this enterprise. The chapter furthermore questions why the families of prisoners are faced with many difficulties. It applies theories of social justice to the consequences experienced by families of prisoners and asks whether or not those consequences are consistent with the principles of these theories. In a democratic society that claims to be organised around principles of equal citizenship, the chapter argues that there is a need to fully consider how and why families of prisoners (as innocent citizens) are affected by punishment inflicted by the state.
Anne Newman
- Published in print:
- 2013
- Published Online:
- May 2014
- ISBN:
- 9780226071749
- eISBN:
- 9780226071886
- Item type:
- chapter
- Publisher:
- University of Chicago Press
- DOI:
- 10.7208/chicago/9780226071886.003.0002
- Subject:
- Education, Educational Policy and Politics
This chapter begins to advance the book’s main argument: that we should regard the education that prepares individuals for equal citizenship as a fundamental right that is shielded from majoritarian ...
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This chapter begins to advance the book’s main argument: that we should regard the education that prepares individuals for equal citizenship as a fundamental right that is shielded from majoritarian politics far more than existing practices permit, and far more than most theory recognizes is necessary. Concern for this right is motivated by the worry that leading accounts of democracy often fail to protect the interests of marginalized students. In this and subsequent chapters, arguments about a right to education are located in a deliberative democracy. As education scholars and reformers increasingly look to deliberative ideals to improve the education policy process, it is especially important to consider how well this approach to policy-making serves less advantaged students. The chapter first calls attention to the opportunities and challenges that deliberative theory presents for advancing just education policies. It next shows how leading conceptions of deliberation fail to ensure that all students receive a high quality education due to the wide discretion they give democratic bodies to determine public provisions for education. Finally, it discusses the unique relationship between educational opportunity and political equality, which underscores the need for a right to education that is set above democratic decision-making.Less
This chapter begins to advance the book’s main argument: that we should regard the education that prepares individuals for equal citizenship as a fundamental right that is shielded from majoritarian politics far more than existing practices permit, and far more than most theory recognizes is necessary. Concern for this right is motivated by the worry that leading accounts of democracy often fail to protect the interests of marginalized students. In this and subsequent chapters, arguments about a right to education are located in a deliberative democracy. As education scholars and reformers increasingly look to deliberative ideals to improve the education policy process, it is especially important to consider how well this approach to policy-making serves less advantaged students. The chapter first calls attention to the opportunities and challenges that deliberative theory presents for advancing just education policies. It next shows how leading conceptions of deliberation fail to ensure that all students receive a high quality education due to the wide discretion they give democratic bodies to determine public provisions for education. Finally, it discusses the unique relationship between educational opportunity and political equality, which underscores the need for a right to education that is set above democratic decision-making.
Sara Fanning
- Published in print:
- 2015
- Published Online:
- May 2017
- ISBN:
- 9780814764930
- eISBN:
- 9780814760086
- Item type:
- chapter
- Publisher:
- NYU Press
- DOI:
- 10.18574/nyu/9780814764930.003.0007
- Subject:
- History, African-American History
This chapter focuses on the emigrants' return to their home nation. In all, emigrants returned home for similar reasons: unforeseen hardship, disease, and a clash between reality and what they had ...
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This chapter focuses on the emigrants' return to their home nation. In all, emigrants returned home for similar reasons: unforeseen hardship, disease, and a clash between reality and what they had been led to believe. Disillusionment came in the form of a regime that failed to live up to its promise to uphold republican rights of equal citizenship and an economic landscape that discouraged rather than encouraged commercial enterprise. It was as if all the Americans' expectations were punctured one by one in Haiti's declining economy and failed diplomatic policy. For Boyer, the emigration was an enormous disappointment. It failed to bring about the desired result—American recognition.Less
This chapter focuses on the emigrants' return to their home nation. In all, emigrants returned home for similar reasons: unforeseen hardship, disease, and a clash between reality and what they had been led to believe. Disillusionment came in the form of a regime that failed to live up to its promise to uphold republican rights of equal citizenship and an economic landscape that discouraged rather than encouraged commercial enterprise. It was as if all the Americans' expectations were punctured one by one in Haiti's declining economy and failed diplomatic policy. For Boyer, the emigration was an enormous disappointment. It failed to bring about the desired result—American recognition.
Richard L. Lippke
- Published in print:
- 2016
- Published Online:
- March 2016
- ISBN:
- 9780190469191
- eISBN:
- 9780190469214
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780190469191.003.0010
- Subject:
- Law, Criminal Law and Criminology
Once individuals convicted of crimes fully serve their sentences, are they to be presumed innocent again, and for what purposes? Chapter 9 focuses on our treatment of ex-offenders. The discussion is ...
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Once individuals convicted of crimes fully serve their sentences, are they to be presumed innocent again, and for what purposes? Chapter 9 focuses on our treatment of ex-offenders. The discussion is split into two parts. The first examines whether collateral consequences should be treated as mere adjuncts to legal punishment, not inherent parts of it. This chapter proposes that the restrictions and legal disabilities imposed on ex-offenders should be counted as integral aspects of their official sanctions. They should be assigned prospectively by sentencing judges, not added on after offenders have served their sentences. . The second part of the chapter examines collateral consequences through the lens of the presumption of innocence. This chapter argues that they should be understood as unjustified infringements of the rights of full and equal citizenship, to which those who have completed their sentences are, once again, entitled.Less
Once individuals convicted of crimes fully serve their sentences, are they to be presumed innocent again, and for what purposes? Chapter 9 focuses on our treatment of ex-offenders. The discussion is split into two parts. The first examines whether collateral consequences should be treated as mere adjuncts to legal punishment, not inherent parts of it. This chapter proposes that the restrictions and legal disabilities imposed on ex-offenders should be counted as integral aspects of their official sanctions. They should be assigned prospectively by sentencing judges, not added on after offenders have served their sentences. . The second part of the chapter examines collateral consequences through the lens of the presumption of innocence. This chapter argues that they should be understood as unjustified infringements of the rights of full and equal citizenship, to which those who have completed their sentences are, once again, entitled.
Trisha Franzen
- Published in print:
- 2014
- Published Online:
- April 2017
- ISBN:
- 9780252038150
- eISBN:
- 9780252095412
- Item type:
- chapter
- Publisher:
- University of Illinois Press
- DOI:
- 10.5406/illinois/9780252038150.003.0008
- Subject:
- Society and Culture, Gender Studies
This chapter examines the final years of Anna Howard Shaw's presidency from 1913 to 1915. By 1913 Anna Shaw could see the end of the struggle. The movement to extend that basic right of equal ...
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This chapter examines the final years of Anna Howard Shaw's presidency from 1913 to 1915. By 1913 Anna Shaw could see the end of the struggle. The movement to extend that basic right of equal citizenship—full suffrage—to all women now had sufficient momentum to see it through to the final victory. After years of slow progress and the efforts of generations of women, Shaw was leading “the cause” with new leaders and organizations, extensive financial resources, regular attention from the media and politicians, and finally new suffrage gains in major western states. However, though she believed the success was inevitable and near, the final years of her presidency threw up hurdles that complicated Shaw's leadership and administrative efforts. This period, during a tremendous period of suffrage activism, Shaw confronted new difficulties and made occasional, but significant, missteps in her efforts to close the final chapter of the suffrage struggle. At that 1915 NAWSA Convention in Washington, D. C., Shaw turned the leadership position to Carrie Chapman Catt.Less
This chapter examines the final years of Anna Howard Shaw's presidency from 1913 to 1915. By 1913 Anna Shaw could see the end of the struggle. The movement to extend that basic right of equal citizenship—full suffrage—to all women now had sufficient momentum to see it through to the final victory. After years of slow progress and the efforts of generations of women, Shaw was leading “the cause” with new leaders and organizations, extensive financial resources, regular attention from the media and politicians, and finally new suffrage gains in major western states. However, though she believed the success was inevitable and near, the final years of her presidency threw up hurdles that complicated Shaw's leadership and administrative efforts. This period, during a tremendous period of suffrage activism, Shaw confronted new difficulties and made occasional, but significant, missteps in her efforts to close the final chapter of the suffrage struggle. At that 1915 NAWSA Convention in Washington, D. C., Shaw turned the leadership position to Carrie Chapman Catt.
