Law Commons^™

Unparadoxical Liberalism, Andrew Koppelman

San Diego Law Review

Larry Alexander argues that liberalism is internally incoherent because it contains a paradox: it is committed to toleration, but if it tolerates illiberal ideas and practices it betrays itself. The paradox does not exist. Liberalism aims to tolerate as much diversity as it can consistent with the preservation of the liberal project. It has distinctive reasons to tolerate illiberal ideas, since it aims to be adopted by the citizenry consciously and with a full understanding of the alternatives. How much diversity can, in practice, be tolerated is a contingent question dependent on the facts of any particular time and place. …

Why Liberal Tolerance, Rightly Understood, Is Coherent And Defensible, William A. Galston

San Diego Law Review

One of the most familiar criticisms of liberal democracy is that it cannot defend itself against its enemies while remaining true to its principles. This criticism is odd as well as unjust because theorists regarded as arch-liberals offer compelling reasons to reject it. . .

A Transcendental Argument For Liberalism, Samuel C. Rickless

San Diego Law Review

Liberalism is the view that the state should not, except on mutually justifiable grounds, coerce a society’s citizens to adopt, support, or follow some particular comprehensive conception of the good. So understood, a liberal state, by definition, permits each citizen a zone of freedom delimited by her own understanding of the ingredients of a happy life. Liberalism, as a normative theory governing state–citizen (and, indirectly, citizen–citizen) relations, is opposed by various forms of totalitarianism, including theocracy and communism. A theocratic state is one that imposes a particular religious form of life on its citizens, and thereby restricts their freedom to …

Liberalism And Tolerance, William Voegeli

San Diego Law Review

I began by raising the possibility that tolerance is minor issue, having no bearing on whether liberalism works out or makes sense. I conclude by noting that it is a central question, for liberalism and politics in general. Tolerance is important because intolerance is important. “Anything Goes” is one of Cole Porter’s best songs, but is unlikely to become any country’s national anthem. The questions of what doesn’t go, and why, and how to prevent it from going any further, explain a great deal about the political ideologies of our era, as well as the premises on which social orders …

Alexander On Koppelman On Alexander, Larry Alexander

San Diego Law Review

In my book Is There a Right of Freedom of Expression?, I argued that liberalism, to the extent it is defined by a commitment to freedom of illiberal speech, illiberal religions, and illiberal associations, is at its core paradoxical. For, I argued, if liberalism is the correct political philosophy, it must regard illiberal thought and its manifestations in action and policy as fundamentally mistaken. And these mistaken illiberal views cannot be deemed by the liberal to have value as views, except perhaps for whatever instructive value they might have in getting people to see the truth of liberalism. When such …

The Liberal As An Enemy Of Queer Justice, Craig Schamel

Catalyst: A Social Justice Forum

Abstract

Liberalism as a historical mode of the political is the context in which the movement and ensuing struggle for queer justice emerged in most Western countries. The terminology, practices, tendencies, beliefs, ethics, laws, and patterns of political and social life which have been determined by this mode of the political, it is argued, are inimical to queer justice and render its achievement impossible. Liberalism as a mode of the political is approached from below, from knowledge gained in practical experience in queer groups which considered themselves revolutionary at least to some degree, and from the effects on such groups …

El Individuo Y La Comunidad. Aeon J. Skoble, Mario Šilar

Mario Šilar

No abstract provided.

Christianism And Liberalism. Conference Script. Diego De Covarrubias. San Pablo Ceu, Madrid, 12.12.2011, Mario Šilar

Mario Šilar

No abstract provided.

The Call Of The Entrepreneur (Acton Media): An Analysis, Mario Šilar

Mario Šilar

No abstract provided.

Enriqueciendo Con Saber Económico La Vida Diaria. Entrevista A Peter J. Boettke, Mario Šilar

Mario Šilar

No abstract provided.

Rights Of Inequality: Rawlsian Justice, Equal Opportunity, And The Status Of The Family, Justin Schwartz

Justin Schwartz

Is the family subject to principles of justice? In A Theory of Justice, John Rawls includes the (monogamous) family along with the market and the government as among the "basic institutions of society" to which principles of justice apply. Justice, he famously insists, is primary in politics as truth is in science: the only excuse for tolerating injustice is that no lesser injustice is possible. The point of the present paper is that Rawls doesn't actually mean this. When it comes to the family, and in particular its impact on fair equal opportunity (the first part of the the Difference …

The Empty Circles Of Liberal Justification, Pierre Schlag

Pierre Schlag

No abstract provided.

Liberalism, Religion And The Unity Of Epistemology, Larry Alexander

San Diego Law Review

This Article focuses on the relation between liberalism and religion. Professor Alexander argues that liberalism is itself just a sectarian view on the same level as the religious and other views that it purports to be neutral about and to tolerate. The Article shows that liberalism is a rejection of all illiberal religious tenets. It further contends that liberalism cannot make out its case for excluding religious arguments from shaping public policy. It concludes that to the extent liberalism is defined by or rests on the insulation of public policy from religious views, liberalism is undermined by its failure to …