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Article

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.

Article

Nicholas Vrousalis

Marxists believe that an understanding of human society presupposes an understanding of the nature of the production of its material surplus and the nature of control over that surplus. This belief forms part of the “hard core” of the Marxist scientific research program. This hard core is complemented by a set of auxiliary hypotheses and heuristics, constituting what Imre Lakatos has called a scientific research program’s “protective belt.” The protective belt is a set of hypotheses protecting a research program’s hard core. Over the past century and a half, Marxists have populated the protective belt with an economic theory, a theory of history, a theory of exploitation, and a philosophical anthropology, among other things. Analytical Marxism is located in Marxism’s protective belt. It can be seen as a painstaking exercise in intellectual housekeeping. The exercise consists in replacing the tradition’s antiquated, superfluous, or degenerate furnishings with concepts, methods, and auxiliary hypotheses from analytic philosophy and up-to-date social science. The three most influential strands in analytical Marxism are, roughly: its reconstruction of Marx’s theory of history, historical materialism; its philosophical anthropology, including the theory of freedom; and its theory of exploitation, including the theory of class.

Article

Erica Frantz

Dictatorships have dominated global politics for hundreds of years, from the pharaohs of Egypt to the absolute monarchs of Europe. Though democracy has since spread to much of the world, about 40% of today’s countries are still ruled by dictatorship. And yet, compared with democracies, we know very little about how dictatorships work, who the key political actors are, and where decision making powers lie. Political processes are opaque, and information is often intentionally distorted. Political survival depends not on maintaining the favor of voters, as in democracies, but on securing the backing of a considerably smaller coalition of supporters. The absence of a reliable third party to enforce compromises among key players means that power-sharing deals lack credibility, and the threat of forced ouster is omnipresent. Uncertainty pervades authoritarian politics. Modern autocrats respond to this uncertain environment in a variety of ways. They use political parties, legislatures, elections, and other institutions typically associated with democracies to lessen their risk of overthrow. Despite the façade of democracy, these institutions are key components of most autocrats’ survival strategies; those that incorporate them last longer in power than those that do not. The specific ways in which autocratic institutions are used and the extent to which they can constrain leadership choices to prevent consolidation of power into the hands of a single individual, however, vary enormously from one dictatorship to the next. Better understanding the conditions that push autocracies down a path of collegial versus strongman rule remains a critical task, particularly given that the latter is associated with more war, economic mismanagement, and resistance to democratization.

Article

The concept of autonomy is one of the key concepts of political philosophy. It plays an important role in discussions of the limits of state coercion, in particular in arguments against paternalistic laws and policies, and in questions concerning the legitimacy and authority of the state. Although the term “autonomy” is used in different ways, a common understanding of the concept of autonomy relates to the idea of leading one’s own life: the autonomous person develops her own understanding of how her life should be and acts accordingly, without interference by others. Autonomy plays three main roles in political philosophy. First, autonomy provides a goal, to be realized through political means; this requires that the state protect people from interference with their autonomy, ensure the availability of sufficient resources, and foster the mental abilities necessary for autonomy. Not least, promoting autonomy can entail that the form of government be democratic, as citizens’ autonomy is best protected in a democratic regime. Next, autonomy can impose a set of constraints, limiting the legitimate use of coercion in realizing political goals. First, coercion can only be used for certain purposes. The most well-known constraint of this kind involves the rejection of paternalism: coercion may never be used to promote a person’s own good against her will. Next, there are constraints connected with the kind of justification that can be given for coercive actions: in order to be compatible with autonomy, these must be justified in ways that the coerced have actually accepted or could have accepted. Finally, autonomy can play a role in arguments about the grounds for political authority. Although authority and autonomy might seem to be inimical, autonomy can ground the right to command either through citizens’ consent or through their voluntary actions by which they become committed to follow a common set of rules. Autonomy can only play these roles if it is valuable, and there are several arguments why autonomy is valuable. First, there are instrumental reasons: the good both of individuals and of society is best served if people have a large degree of autonomy. Next, people have an interest in their choices and actions being their own, representative of who they are. Also, there is a strong symbolic and relational aspect to the right to autonomy: being denied this right is insulting and amounts to a denial of one’s equal standing. Finally, there might be an intrinsic value to autonomy, as only autonomy allows us to be fully human.

Article

Simon Birnbaum

The idea that states should provide a means-tested guaranteed minimum income for citizens who are unable to meet their basic needs is widely shared and has been a central component in the evolution of social citizenship rights in existing welfare states. However, an increasing number of activists and scholars defend the more radical option of establishing a universal basic income, that is, an unconditional income paid to all members of society on an individual basis without any means test or work requirement. Indeed, some political philosophers have argued that basic income is one of the most important reforms in the development of a just and democratic society, comparable to other milestones in the history of citizenship rights, such as universal suffrage or even the abolishment of slavery. Basic income or similar ideas, such as a basic capital or a negative income tax, have been advanced in many versions since the 18th century in different parts of the world and under a great variety of names. However, while these were previously often isolated and disconnected initiatives, basic income has more recently become the object of an increasingly cumulative research effort to shed light on the many aspects of this idea. It has also inspired policy developments and given rise to experiments and pilot projects in several countries.

Article

Antonin Lacelle-Webster and Mark E. Warren

Even as most citizens of electoral democracies remain strongly committed to democratic values, most electoral democracies are suffering from democratic deficits that are eroding their legitimacy. There are deficits of inclusion, as elected governments often poorly represent those who are less educated or less wealthy or who belong to ethnic, religious, racial, or other minorities. There are deficits of deliberativeness, as governments fail to learn from experts and everyday citizens alike. And, increasingly, there are deficits of collective capacity, often the result of governments that are gridlocked by polarization and unable to marshal the political resources to address tough problems, such as climate change and migration. Democracies do, however, reinvent themselves, often by supplementing the legacy institutions of electoral democracy with innovative ways of deepening democracy. Among the most promising innovations are citizens’ assemblies, a kind of deliberative minipublic comprised of lay citizens selected through near-random methods to represent a broader public. These bodies are typically tasked with learning and deliberating about a problem and providing recommendations. In contrast to sitting legislatures, citizens’ assemblies are typically convened for a single issue or purpose, and they are closely defined in their mandate. As of 2020, there were over 20 cases of citizens’ assemblies, covering a range of issues (e.g., electoral reform, climate change, abortion, and urban planning), enabling some generalization about their capacities and promise. Owing to their high degree of representativeness of ordinary citizens, their capacities to learn and deliberate, and their abilities to break through difficult or gridlocked issues, citizens’ assemblies have considerable promise to address democratic deficits and to deepen democracy when they are carefully inserted into the political ecologies of modern democracies.

Article

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.

Article

Ever since Aristotle, the comparative study of political regimes and their performance has relied on classifications and typologies. The study of democracy today has been influenced heavily by Arend Lijphart’s typology of consensus versus majoritarian democracy. Scholars have applied it to more than 100 countries and sought to demonstrate its impact on no less than 70 dependent variables. This paper summarizes our knowledge about the origins, functioning, and consequences of two basic types of democracy: those that concentrate power and those that share and divide power. In doing so, it will review the experience of established democracies and question the applicability of received wisdom to new democracies.

Article

Emily Zackin

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.

Article

Contextualism denotes a set of ideas about the importance of attention to context. Here, focus is on contextualism in normative political theory/philosophy, specifically in relation to the part of political theory concerned with systematic political argument for normative claims—evaluative claims about the legitimacy, justice, or relative goodness of acts, policies, or institutions, and prescriptive claims about what we should do, which decision procedures we should follow, or how institutions should be reformed. In terms of what counts as context, it denotes facts concerning particular cases that can be invoked to contextualize a specific object of political discussion such as a law, an institution, or the like. Contextualism denotes any view that political theory should take context into account, but there are many different views about what this means. Contextualism can be characterized by way of different contrasts, which imply that the resulting conceptions of contextualism are views about different things, such as justification, the nature of political theory, or methodology. Here the focus is on characterizations of contextualism in terms of methodology and justification that provide different views about what role context can play in political argument. In the course of doing this, a number of problems facing the different versions of contextualism are identified, including problems of reification and status quo bias, problems of securing that political theory is both critical and action guiding while still being contextualist, and the problem of delimiting the relevant context. Different ways of avoiding these problems are sketched. It is argued that there are forms of contextualism that can avoid the problems, but that these may not be as distinctive as some contextualists think. This also means that contextualism may, in fact, be a more common approach to political theory than is sometimes suggested.

Article

Critical Theory is an umbrella term to denote those theorists who take up the task described by Karl Marx as the self-clarification of the age struggles and wishes of the age. As such, two elements are crucial: (a) a connection to social and political struggles of emancipation, and (b) self-reflexivity. Critical Theorists differ—sometimes quite fundamentally—about what these two elements require (and how they relate). For example, some such theorists (such as Max Horkheimer or Michel Foucault) take the normative orientations of struggles for emancipation as something that does not require grounding at the level of theorizing, while others (such as Jürgen Habermas) think such grounding is the main task of Critical Theory, securing moral validity for the struggles. These substantive differences also mean that there are no accepted methods on which all Critical Theorists would agree. To stay with the example, those Critical Theorists who reject discursive grounding of its normative standards tend to engage in genealogy and other disclosing forms of social critique; while those who seek discursive grounding employ reconstructive and/or constructivist methods. The existence of fundamental substantive and methodological differences among proponents of Critical Theory means that it is difficult, or perhaps even impossible, to give a uniform characterization of it. Sometimes, Critical Theory is defined institutionally. Then it is denoting a succession of theorists (often classed into different generations) who are connected to the Institute of Social Research and/or the Philosophy Department in Frankfurt am Main, Germany—the so-called “Frankfurt School.” However, this institutional definition has only limited use. The disagreements among thinkers within the Frankfurt School tradition can run deep—sometimes deeper than they run with theorists, like Foucault, who are not connected institutionally to it. And it is an open and contested question whether everyone institutionally connected to the Frankfurt School is engaged in Critical Theory. Thinking systematically about the task of self-reflexively connecting to struggles of emancipation requires a different approach. It is helpful to understand Critical Theory as a broad and varied tradition, with core cases (such as Horkheimer’s 1937 text “Traditional and Critical Theory”), but no sharp boundaries. Understood that way, there cannot be a fully comprehensive treatment of Critical Theory, but it is possible to think of this tradition as involving multiple morphing sequences, whereby approaches are amended in various ways over time and thereby change into something else. One important dividing line is how historical or transcendental one takes Marx’s task to be—some proponents of Critical Theory are, in effect, historical contextualists, while others seek to establish the conditions of possibility of human interaction as such.

Article

Ludvig Beckman

Democracy is a term that is used to denote a variety of distinct objects and ideas. Democracy describes either a set of political institutions or an ideal of collective self-rule. Democracy can also be short for a normative principle of either legitimacy or justice. Finally, democracy might be used to denote an egalitarian attitude. These four uses of the term should be kept distinct and raises separate conceptual and normative issues. The value of democracy, whether democratic political institutions or democratic self-rule, is either instrumental, non-instrumental, or both. The non-instrumental value of democracy derives either from the alleged fairness of majority rule or from the value of the social relationships enabled by participation in democratic procedures. The instrumental value of democracy lends support from a growing body of empirical research. Yet, the claim that democracy has a positive causal effect on public goods is inconclusive with respect to the moral justification of democratic institutions. Normative reasons for democracy’s instrumental value must instead appeal to the fact that it contributes to equality, liberty, truth, or the realization of popular will. Democracy as a principle of either political legitimacy or justice is a normative view that evades concerns with the definition and value of democracy. Normative democracy is a claim about the conditions either for legitimacy or justice of either public authority or coercion. Debates in normative democracy are largely divorced from the conceptual and empirical concerns that inform studies of democracy elsewhere. The boundaries of the people entitled to participate in collective decisions is a question that applies to all four uses of democracy. The boundary question raises three distinct issues. The first is the extent of inclusion required among the members of the unit. The second is if membership in the unit is necessary for inclusion or if people that are not recognized as members are on certain conditions also entitled to participate. The third and final issue concerns the boundaries of the unit itself.

Article

Frej Klem Thomsen

The conceptualization and moral analysis of discrimination constitutes a burgeoning theoretical field, with a number of open problems and a rapidly developing literature. A central problem is how to define discrimination, both in its most basic direct sense and in the most prominent variations. A plausible definition of the basic sense of the word understands discrimination as disadvantageous differential treatment of two groups that is in some respect caused by the properties that distinguish the groups, but open questions remain on whether discrimination should be restricted to concern only particular groups, as well as on whether it is best conceived as a descriptive or a moralized concept. Furthermore, since this understanding limits direct discrimination to cases of differential treatment, it requires that we be able to draw a clear distinction between equal and differential treatment, a task that is less simple than it may appear, but that is helpful in clarifying indirect discrimination and statistical discrimination. The second major problem in theorizing discrimination is explaining what makes discrimination morally wrong. On this issue, there are four dominant contemporary answers: the valuational and expressive disrespect accounts, which hold that discrimination is wrong when and if the discriminator misestimates or expresses a misestimate of the moral status of the discriminatee; the unfairness account, which holds that discrimination is wrong when and if the discriminator unfairly increases inequality of opportunity; and the harm account, which holds that discrimination is wrong when and if the discriminator harms the discriminatee. Each of these accounts, however, faces important challenges in simultaneously providing a persuasive theoretical account and matching our intuitions about cases of impermissible discrimination.

Article

Iwao Hirose and Shlomi Segall

Equality is an undisputed political and moral value. But until quite recently, political philosophers have not fully explored its complexity. The literature on equality and egalitarianism is vast, complex, and multilayered—with over thirty-five years of philosophical discussion. Specifically, there are three major questions to ask about equality. First, what is equality? This question can be unpacked into two sub-questions. Distinguishing first between formal and distributive accounts of equality, we may ask what the currency of egalitarianism can be. The article goes through currencies such as welfare, resources, and capabilities, showing their respective strengths and weaknesses. A second important sub-question here is: what are the relevant scope and temporal dimensions of equality? Among whom is equality valuable, and precisely in what time frame is it valuable? This hints at the second major question, namely concerning the value of equality. Is equality indeed valuable, or are we confusing it with some other value, be it giving priority to the worse-off, or lifting individuals above a certain threshold of deprivation? The article goes through some famous criticisms of equality’s purported lack of value (e.g. the leveling down objection), explores some potential answers, and then examines the relative strength of equality’s two main rivals, namely priority and sufficiency. The third major question concerns what the proper account is of egalitarian justice. In particular, setting aside the question of currency, should our conception of distributive justice be informed by responsibility-sensitive accounts, or rather be focused on a responsibility-insensitive accounts that moreover place an emphasis on equality of relations rather than individuals’ holdings? We explore this in the two final sections, one devoted to understanding luck egalitarianism, and the other to its rival, relational egalitarianism.

Article

Dan Bulley

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.

Article

James Stacey Taylor

The first question that is often raised in a discussion of the ethics of voting is whether or not there is a duty to vote. The view that there is a duty to vote is supported by two main arguments. The first holds that since the value of democratic governance is high persons should vote to preserve stable democracy. The second is that there is a duty to vote because if nobody voted the effects would be disastrous. The first of these arguments is criticized by Jason Brennan, who holds that since each individual vote will play little to no role in preserving stable democracy nobody has a duty to vote. The second is criticized by Loren Lomasky and Geoffrey Brennan, who argue that it is incomplete unless its supporters can show that democracy needs everyone to vote to continue. The question of whether there is a duty to vote naturally leads to the question of whether it is permissible for persons to vote in their own self-interest. Jason Brennan argues that persons should only (morally) vote for candidates or policies that they are justified in believing would promote the common good. It is unclear, however, what “the common good” consists of. This discussion of the morality of voting in one’s self-interest leads to the question of whether voting for a politician because she has made campaign promises is morally analogous to a voter selling her vote. In discussing this issue it is important to distinguish between the “restricted” defense of markets in votes (that the purchased votes are to be cast in favor of what the buyer is justified in believing is the common good) and the “unrestricted” defense of such a market (that purchased votes can be cast in any way the buyer pleases). Much of this discussion focuses on the morality of unrestricted markets in votes. Christopher Freiman has offered four main arguments in favor of such a market: (1) that it will make both the buyer and the seller better off; (2) that it is required by respect for voter liberty; (3) that it is relevantly similar to other practices that are currently allowed, such as logrolling; and (4) that it would enable electoral outcomes to better express voter preferences. None of these arguments are persuasive. The first is based on illicitly inferring from the claim that persons would voluntarily buy and sell votes if a market were allowed to the claim that they would thereby desire that this market be allowed. The second argument is flawed because if some persons would prefer that a market not be allowed, this could provide a sufficient reason to restrict their liberty by precluding them from selling their votes. The third argument overlooks important disanalogies between votes traded between voters, and votes traded between legislators. The fourth argument is based on the implausible assumption that vote sellers would not misrepresent their political preferences in a market for votes.

Article

Benjamin Ferguson

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.

Article

Political philosophers’ interest in the family—understood as a unit in which one or more adults discharge a socially and legally recognized role as primary carers of their children—has given rise to a rich and multifaceted body of literature. Some of the questions philosophers address concern justice and the family, specifically, that is, they concern the competing claims of individuals once it is acknowledged that, as well as being citizens, individuals have all been members of families as infants, and may be members of families as parents, and that how the family is structured and run has a profound impact on the prospects and opportunities of infants and of their parents, and on some interests of society as a whole. Two main sets of questions about the family and justice are as follows. The first set of questions concerns what the family owes society as a matter of justice, that is, how the family can and should help realize, or how it may hinder the achievement of, independently formulated demands of justice. One such demand is that of equality of opportunity: philosophers have debated whether the existence of the family necessarily threatens pursuit of equality of opportunity for children, and what may, or should, be done about this. They have offered a variety of diagnoses of the problem and solutions to it, depending on their views about the legitimacy of parental partiality and about the value of the parent–child relationship. Another demand of justice that may be in tension with the family is the demand not to diminish the fair shares of one’s fellow-citizens. Whether prospective parents must constrain their freedom to found and raise a family in light of considerations about the environmental impact that their having and rearing children will have for future generations, for example, is a growing concern among philosophers. The second set of questions about the family and justice concern what society owes families—that is, what citizens owe to one another as a matter of justice, insofar as they are actual or potential members of families. While there is widespread agreement that adults have a right to parent—and to parent their biological children, in particular—and that children have a right to be raised in families and typically by their biological parents, there is a wealth of different views regarding the grounds of these rights. The views differ depending on whether they appeal to people’s interests in freedom, or in well-being, or both, in order to justify access to the family. Whether, besides having the right to access the family, parents also have claims to having society share in the costs of having and raising children, is a further question that political philosophers have examined and on which they have offered diverging answers.

Article

Jonathan Riley

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.

Article

Jason Brennan

Market-based economies outperform the alternative forms of economic organization on almost every measure. Nevertheless, this leaves open what the optimal degree of government regulation, government-provided social insurance, and macroeconomic adjustment is. Most economists seem to favor mostly, but not completely, free markets. Although regulation can in principle correct certain market failures, whether it will do so in practice depends in part on how pervasive and damaging corresponding government failures will be. Philosophers, unlike economists, tend to think that questions about the value of the free market are not settled entirely by examining how well free markets function. Some philosophers even claim that markets are intrinsically unjust. In their view, markets encourage wrongful exploitation, lead to excessive economic inequality, and tend to induce people to treat each other in inhumane ways. Among those philosophers who are more sanguine about markets, one major question concerns the moral status of economic liberty. Some philosophers, such as John Rawls, hold that economic liberty is purely of instrumental value. Citizens should be granted a significant degree of economic freedom only because this turns out, empirically, to produce good consequences. However, other philosophers, such as Robert Nozick and John Tomasi, argue that economic freedom is valuable in part for the same reasons that civil and political liberties are valuable—as a necessary means to respect citizens’ autonomy.