Robert Nozick worked in a Lockean tradition of political philosophy, a tradition with deep resonance in the American political culture. This paper attempts to explore the formative moments of that culture and at the same time to clarify the role of Lockean philosophy in the American Revolution. One of the currently dominant approaches to the revolution emphasizes the colonists' commitments to their rights, but identifies the relevant rights as “the rights of Englishmen,” not natural rights in the Lockean mode. This approach misses, however, the way the Americans construed their positive or constitutional rights in the light of a Lockean background theory. In a word, the Americans recreated an amalgam of traditional constitutional principles and Lockean philosophy, an amalgam that nearly guaranteed that they and the British would speak past each other. The ambiguities and uncertainties of the British constitution as extended to the colonies provided an incentive to the Americans (but not the British) to look to Locke as a guide to their rights, thereby helping win a place for Lockean theory in American political thinking.

The classical liberal doctrine of free expression asserts the priority of speech as an extension of the freedom of thought. Yet its critics argue that freedom of expression, itself, demands the suppression of the so-called “silencing speech” of racists, sexists, and so on, as a threat to the equal expressive rights of others. This essay argues that the claim to free expression must be distinguished from claims to equal speech. The former asserts an equal right to express one’s thoughts without interference; the latter the right to address others, and to receive a hearing and consideration from them, in turn. I explore the theory of equal speech in light of the ancient Athenian practice of isegoria and argue that the equality demanded is not distributive but relational: an equal speaker’s voice should be counted as “on a par” with others. This ideal better captures critics’ concerns about silencing speech than do their appeals to free expression. Insofar as epistemic and status-harms provide grounds for the suppression and exclusion of some speech and speakers, the ideal of equal speech is more closely connected with the freedom of association than of thought. Noticing this draws attention to the continuing—and potentially problematic—importance of exclusion in constituting effective sites of equal speech today.

This essay emerges from consideration of a question in the epistemology of ethics or morality. This is not the common claim-centered question as to how moral claims are confirmed and whether their mode of confirmation gives us grounds to be confident about the prospects for ethical discourse. Instead, I am concerned with the less frequently posed concept-centered question of where in human experience moral terms or concepts are grounded — that is, where in experience the moral becomes salient to us. This question was central to moral epistemology in the form it took among thinkers such as Locke, Hume, and Kant, and it remains of the first importance today.

This essay first distinguishes different questions regarding moral objectivity and relativism and then sketches a broadly Kantian position on two of these questions. First, how, if at all, can we derive, justify, or support specific moral principles and judgments from more basic moral standards and values? Second, how, if at all, can the basic standards such as my broadly Kantian perspective, be defended? Regarding the first question, the broadly Kantian position is that from ideas in Kant's later formulations of the Categorical Imperative, especially human dignity and rational autonomous law-making, we can develop an appropriate moral perspective for identifying and supporting more specific principles. Both the deliberative perspective and the derivative principles can be viewed as “constructed,” but in different senses. In response to the second question, the essay examines two of Kant's strategies for defending his basic perspective and the important background of his arguments against previous moral theories.

For people to live together in pluralistic communities, they must find someway to cope with the practices of others that they abhor. For that reason, tolerance has always seemed an appealing medium of accommodation. But tolerance also has its critics. One wing charges that the tolerant are too easygoing. They are insensitive to evil in their midst. At the same time, another wing attacks the (merely) tolerant for being too weak in their sentimentsof respect. “The Christian does not wish to be tolerated,” as T. S. Eliot said; and by this he meant to claim, presumably, that the Christian desires respect and acceptance, and not merely the forbearance suggested by “tolerance.”

To make the case for tolerance, we must engage in a three-front campaign: first, against intolerance; second, against the moral failing of indifference; and third, against the desirability of respecting and accepting everyone. The central claim in making this case will be that unlike these three competing sentiments, tolerance is a complex attitude toward the behavior and beliefs of others. Its complexity consists in both moral disapproval (or atleast cultural rejection) and the avoidance of interference. If there is a case to be made for tolerance, it must derive from this peculiar complexity. After surveying its alternatives, I will argue that the complex sentimentof tolerance is more readily praised than its alternatives.

The aim of this essay is to argue for the following claims: evil is prevalent; its prevalence is mainly the result of habitual and predictable patterns of action; these actions follow from the vices of their agents; in many cases, neither the evil actions nor the vices from which they follow are autonomous; it is nevertheless justified to hold the agents who perform these actions morally responsible for them; the widespread denial of this claim rests on the principle “ought implies can”; two versions of this principle must be distinguished; neither version can be used to exempt agents from moral responsibility for their nonautonomous actions and vices; this has fundamental implications for how morality and responsibility should be conceived.

Public statements by various international groups emphasize that decisions to undergo genetic screening, either for disease-carrier status or for predisposition-to-disease status, and decisions about the use of the resulting information should be made voluntarily by the party to be screened. For example, the World Medical Association, in its Declaration on the Human Genome Project, says, “One should respect the will of persons screened and their right to decide about participation and about the use of the information obtained.” Giving this principle a name, “voluntarism,” the Council for International Organizations of Medical Sciences, in its Declaration of Inuyama (the host city for the conference), announced that “voluntarism should be the guiding principle in the provision of genetic services.

No one who cares about equal opportunity can derive much comfort from the present occupational distribution of working women. In the various industrial societies of the West, women comprise between one quarter and one-half of the national labor force. However, they tend to clustered in employment sectors – especially clerical, sales, and service J occupations – which rank relatively low in remuneration, status, autonomy, and other perquisites. Meanwhile, the more prestigious and rewarding managerial and professional positions, as well as the major categories of blue-collar labor, remain largely a male preserve. In the same societies the average income earned by full-time female workers is one-half to two- J thirds that of their male counterparts. Although this disparity owes much to i other factors, including lower pay for work similar or even identical to that r standardly done by men, much of it can be explained only by the concentration of working women in traditional female job ghettos.

As it is currently understood, the notion of autonomy, both as something that belongs to human beings and human nature, as such, and also as the source or basis of morality (that is, duty), is bound up inextricably with the philosophy of Kant. The term “autonomy” itself derives from classical Greek, where (at least in surviving texts) it was applied primarily or even exclusively in a political context, to civic communities possessing independent legislative and self-governing authority. The term was taken up again in Renaissance and early modern times with similar political applications, but was applied also in ecclesiastical disputes about the independence of reformed churches from the former authority in religious matters of the church of the Roman popes. Kant's innovation consisted in conceiving of (finite) individual rational persons, as such, as lawgivers or legislators to themselves, and to all rational beings (or rather to all that are not perfect and holy wills), for their individual modes of behavior. For Kant, rational beings possess a power of legislating for themselves individually, according to which they each set their own personal ends and subject that selection, and their pursuit of the ends in question, to a universal principle, which is expressed in Kant's categorical imperative. The categorical imperative requires that one set one's own ends only within a framework that would warrant acceptance by all other such beings.

A core set of assumptions in economic modeling is that rational agents, who have a defined preference set, assess their options and determine which best satisfies their preferences. The rational actor model supposes that the world provides us with a menu of options, and we simply choose what’s best for us. Agents are independent of one another, and they can rationally assess which of their options they wish to pursue. This gives special authority to the choices that people make, since they are understood to be the outcomes of the agent’s considered judgments. However, we have come to see that the independence assumption does not always hold in the way that we may have initially thought. Social norms can govern our choices even when we disagree with them. Here we can begin to see how the standard model of choice and agency begins to weaken: no longer are my choices wholly mine, but instead there is a subset of choices that are governed by the broader culture that I live in. Social norms constrain my behavior with informal coercion — my desire to remain a community member in good standing requires me to behave in accordance with the community’s social norms. What I wish to challenge more substantively is the claim that the menu of choices agents “see” is in fact the objective set of options that is transparently provided by the world. Instead, I argue that the options that people perceive and the evidence they use to make choices are mediated by perspectives. Perspectives can importantly interact with social norms to make some norms more resilient to change, and others harder to adopt. This further shapes both our descriptive and normative understanding of agency. Our choices are not over all of the objectively available options, but over the options that we can see. The evidence we marshal to support our choices is not the full set of evidence, but the evidence that we recognize as salient. This is not to deny that individuals have agency, but rather we need a more nuanced understanding of the nature of this agency.

Plato's antidemocratic theory of social justice is instructive once we distinguish between the abstract parts of his theory and the empirical or other assumptions he uses in applying that theory. His application may have contained empirical mistakes, and it may have been burdened too much with a prolific metaphysics and a demanding epistemology. An attempt is made to look at his theory of social justice in imaginary isolation from empirical mistakes and from his metaphysics and epistemology. It is then argued that some of Plato's proposals and criticisms of democracy are well worth our attention, especially in the case of governing. His attempt to separate ruling and wealth and to establish economic floors and ceilings for his ideal city seems especially instructive in view of problems in these areas that modern democracies have experienced. Isolating his theory of social justice from his epistemology and metaphysics may be more problematic. Still, Plato's insistence that superior wisdom is the central virtue of rulers is instructive, and in this respect some modern defenders of democratic justice, such as J. S. Mill and John Rawls, have leaned some in Plato's direction. Finally, Plato's criticism of democratic free choice of occupation is less persuasive.

Psychologically based accounts of personal identity over time start from a view of persons as experiencing subjects. Derek Parfit argues that if such an account is to justify the importance we attach to identity it will need to provide a deep unity of consciousness throughout the life of a person, and no such unity is possible. In response, many philosophers have switched to a view of persons as essentially agents, arguing that the importance of identity depends upon agential unity rather than unity of consciousness. While this shift contributes significantly to the discussion, it does not offer a fully satisfying alternative. Unity of consciousness still seems required if identity is to be as important as we think it is. Views of identity based on agential unity do, however, point to a new understanding of unity of consciousness which meets Parfit's challenge, yielding an integrated view of identity which sees persons as both subjects and agents.

A theory of democratic institutions should provide us with a coherent combination of definition and justification. It should explain how it defines democratic institutions and also how they will or should function; but it also should explain why democracy, so understood, is desirable. We are all familiar with stories about the fiscal excesses to which democracies are prone, stories about the ignorance of voters, and stories about the venality of legislators. Some of us may also be suspicious of concepts such as “consent” or “the will of the people” associated with traditional arguments for democracy. Against this background, the current interest in deliberative democracy seems promising. This conception of democracy does not rely, for example, on the idea of rational and knowledgeable voters satisfying preferences they have independent of the political process. Nor does it rely on any notion of an independent popular will. Instead, it offers a picture of the democratic process as one in which men and women engage in constructive discussion, seeking a principled resolution of their differences and developing, over time, a conception of the terms on which they will live with one another.

Starting with a particular case of familial care for the aging, the discussion points to the difficulties in deriving practical judgments from ideal theory in cases where there seems to be injustice, but where there are multiple competing dimensions of value and cost. The essay argues that the problems discussed are deeply embedded in modern western cultures, where life expectancy has risen dramatically and has been coupled with a range of other social and demographic changes that make familial care for the aged difficult and burdensome, and where our thinking about justice and rights are integral to the conflicted ways in which people construct and experience these situations, rather than standing independently as a solution to them. The essay argues for a set of partial, limited, and “realist” responses that reduce some elements of burden, without pretending to provide a solution that is in any sense ideal or wholly just. The argument from a case is integral to the essay’s case for realism in moral and political philosophy.

Most of the knowledge of an ordinary person has a very messy structure and cannot meet standard epistemological criteria for its justification. Rather, a street-level epistemology makes sense of ordinary knowledge. Street-level epistemology is a subjective account of knowledge, not a public account. It is not about what counts as knowledge in, say, physics, but deals rather, with your knowledge, my knowledge, the ordinary person's knowledge. I wish not to elaborate this view here, but to apply it to the problems of representative democracy. I will briefly lay out the central implications of a street-level epistemology and then bring it to bear on democratic citizenship, especially on the problem of the citizen's holding elected officials accountable for their actions.

Adam Smith raised a series of obstacles to effective large-scale social planning. In this paper, I draw these Smithian obstacles together to construct what I call the “Great Mind Fallacy,” or the belief that there exists some person or persons who can overcome the obstacles Smith raises. The putative scope of the Great Mind Fallacy is larger than one might initially suppose, which I demonstrate by reviewing several contemporary thinkers who would seem to commit it. I then address two ways the fallacy might be overcome, finding both wanting. I close the paper by suggesting that Smith's Great Mind Fallacy sheds interesting light on his “impartial spectator” standard of morality, including with respect to the specific issues of property and ownership.

This paper examines H.A. Prichard's defense of the view that moral duty is underivative, as reflected in his argument that it is a mistake to ask “Why ought I to do what I morally ought?”, because the only possible answer is “Because you morally ought to.” This view was shared by other philosophers of Prichard's period, from Henry Sidgwick through A.C. Ewing, but Prichard stated it most forcefully and defended it best. The paper distinguishes three stages in Prichard's argument: one appealing to his conceptual minimalism, one an epistemological argument that parallels Moore's response to skepticism about the external world, and one arguing that attempts to justify moral duties on non-moral grounds distort the phenomena by giving those duties the wrong explanation or ground. The paper concludes by considering Prichard's critique of ancient ethics and in particular the ethics of Aristotle. The paper is broadly sympathetic to Prichard's position and arguments; its aim is partly to make a case for him as a central figure in the history of ethics.

In this essay I wish to consider the implications for theory and practice of the following two propositions, either or both of which may be controversial, but which will here be assumed for the sake of argument:

(L) Libertarianism is the correct framework for political morality.

(M) The vast majority of our fellow citizens disbelieve (L).1

This essay explores the ways in which a broadly pluralist outlook can help illuminate longstanding issues of constitutional theory and practice. It begins with a common-sense understanding of pluralism as the diversity of observed practices within a general category (section 2). It turns out that many assumptions Americans and others often make about constitutional essentials are valid only locally but not generically. The essay then turns to pluralism in a more technical and philosophical sense—specifically, the account of value pluralism adumbrated by Isaiah Berlin and developed by his followers. Section 3 sketches this version of pluralism, and section 4 brings it to bear on a range of familiar constitutional issues. In the process, a distinction emerges between, on the one hand, areas of variation among constitutions and, on the other, some general truths about political life that define core constitutional functions. The essay concludes (section 5) with some brief reflections on the normative thrust of pluralist constitutional theory—in particular, a presumption in favor of the maximum accommodation of individual and group differences consistent with the maintenance of constitutional unity and civic order.

All advanced societies maintain a commitment to equal educational opportunity, which they claim to implement through a public school system that is charged toprovide all children with an education up to a state-enforced standard. Indeed, what public schools do, even in the best of circumstances, is to provide all children with a more or less equal exposure to educational inputs (teachers, books), rather than to guarantee them equal educational attainment. Children, as the schools receive them, differ markedly in their docility — due in part to innate ability, but perhaps due more to the economic status and cultural practices of their families. Many, including myself, believe that the task of schools should be to provide some measure of equal educational attainment among students of heterogeneous talent and background. Schools should devote more educational resources to students who require them in order that they be educated to an acceptable standard.