Part One of Marx's “On the Jewish Question” is a communitarian manifesto, one of the finest and subtlest ever penned. But has it anything valuable to offer defenders of liberalism?

I think it does; for in “On the Jewish Question” Marx points to a potential danger into which communitarians are liable to fall, and I shall argue that his discussion sheds light on an analogous peril for liberals. Specifically, Marx distinguishes between a genuine and a spurious form of communitarianism, and warns that a failure to recognize this distinction may lead communitarians to embrace liberal values in communitarian guise. Using Marx's analysis as a model, I hope to show that the same distinction may be found within the liberal tradition, posing a corresponding danger (communitarian values in liberal guise) into which contemporary liberalism has in large part already fallen.

Despite what one may be led to believe by breathless reports in the media, the acme of misery in America is not the woes, financial and otherwise, of Donald Trump and Michael Jackson. People lose their jobs, have their assets drained by reversals of fortune, suffer from illiteracy, malnutrition, lack of shelter, and other mishaps. The circumstances in which they find themselves are genuinely distressing. It would be an odd understanding indeed that failed to find these circumstances directly relevant to what morality asks of us. If morality is to count for anything, then surely it must take notice of exigent need. This is not merely the deliverance of a late twentieth-century Western moral consciousness massaged by the blessings of comparative affluence and graced with a newfound awareness of social justice. All traditional ethical codes of which I am aware, sacred and secular, demand that one take the distress of one's neighbor as bearing on one's own activities. “Am I my brother's keeper?” is the question; the well-nigh universal answer is “Yes.” The disposition to be moved by and respond to distress is the virtue of charity.

It seems to be almost a given of contemporary Anglo-American political philosophy that the just society is obligated to establish and ensure the equality of its members. Debate begins when we come to delineate the forms and limits of the equality society is obligated to underwrite. In this essay I offer the subversive suggestion that equality is not something the just society should aim for. Instead I offer another objective, one which is to be preferred both because it is more attainable and because it is morally more defensible than equality, either as an ideal or as an operative principle. The demand for equality of treatment, of opportunity, or of outcome, is a distraction from morally more significant aims.

Can a society be just if it ignores the plight of other societies? Does it matter whether those societies are contemporaries? Moral “purists” are likely to assume that the answer to these questions must be “no.” Relying on familiar claims about impartiality or universalizability, the purist is likely to assert that the dictates of justice have no bounds, that they extend with equal strength across space and time. On this view, if, for example, justice requires us to maximize the expectations of the worst-off group in our society, it also requires us to maximize the expectations of the worst-off group in any society, at any time, so far as it is in our power to do so. Is such a position plausible? Is it more plausible than alternative positions? I am unsure about the answers to these questions, but both the questions, and the answers, are important. Clearly, the nature and extent of a just society's obligations will vary markedly depending on the scope of the correct principles of justice.

What does the prospect of being able to alter a human being's “natural assets” by genetic engineering imply for our understanding of the requirements of justice, and of equal opportunity in particular? Although their proponents are reluctant to admit it, some of the most prominent contemporary theories of justice yield a quite radical conclusion: If safe and effective intervention in the genetic “natural lottery” becomes feasible, there will be at least a strong prima facie case for doing so in the name of equality of opportunity (or of some other egalitarian principle of justice, such as the principle that persons are entitled to equal concern and respect), if this is the most effective way to meet the demands of justice.

It is commonly thought that exploitation is unjust; some think it is part of the very meaning of the word ‘exploitation’ that it is unjust. Those who think this will suppose that the just society has to be one in which people do not exploit one another, at least on a large scale. I will argue that exploitation is not unjust by definition, and that a society (such as our own) might be fundamentally just while nevertheless being pervasively exploitative. I do think that exploitation is nearly always a bad thing, and wul try to identify the moral belief which makes most of us think it is. But I will argue that its badness does not always consist in its being unjust.

It is sometimes said that a society should be judged ethically by how it treats its least-fortunate or worst-off members. In one interpretation this is not a point about justice, but instead about moral virtues such as compassion and charity. In our response to the least fortunate among us, we display, or show that we lack, fundamental moral virtues of fellow feeling and concern for others in need. In a different interpretation, however, this point is about justice and a just society—the justice of a society is shown especially in how it treats its least-fortunate members.

What is the proper role of politics in higher education? Many policies and reforms in the academy, from affirmative action and a multicultural curriculum to racial and sexual harassment codes and movements to change pedagogical styles, seek justice for oppressed groups in society. They understand justice to require a comprehensive equality of membership: individuals belonging to different groups should have equal access to educational opportunities; their interests and cultures should be taken equally seriously as worthy subjects of study, their persons treated with equal respect and concern in communicative interaction. Conservative critics of these egalitarian movements represent them as dangerous political meddling into the disinterested pursuit of knowledge. They cast the pursuit of equality as a threat to freedom of speech and academic standards. In response, some radical advocates of such programs agree that the quest for equality clashes with free speech, but view this as an argument for sacrificing freedom of speech.

It is extraordinary, when one thinks about it, how little attention has been paid by theorists of the nature and justification of punishment to the idea that punishment is essentially a matter of self-defense. H. L. A. Hart, for example, in his famous “Prolegomenon to the Principles of Punishment,” is clearly committed to the view that, at bottom, there are just three directions in which a plausible theory of punishment can go: we can try to justify punishment on purely consequentialist grounds, which for Hart, I think, would be to try to construct a purely utilitarian justification of punishment; we can try to justify punishment on purely retributive grounds; or we can try to justify punishment on grounds that are some sort of shrewd combination of consequentialist and retributive considerations. Entirely absent from Hart's discussion is any consideration of the possibility that punishment might be neither a matter of maximizing the good, nor of exacting retribution for a wrongful act, nor of some imaginative combination of these things, but, rather, of something altogether different from either of them: namely, the exercise of a fundamental right of self-protection. Similarly, but much more recently, R. A. Duff, despite the fact that he himself introduces and defends an extremely interesting fourth possibility, begins his discussion by writing as though, apart from his contribution, there are available to us essentially just the options previously sketched by Hart. Again, there is no mention here, any more than in Hart's or any number of other recent discussions, of the possibility that we might be able to justify the institution of punishment on grounds that are indeed forward-looking, to use Hart's famous term, but that are not at all consequentialist in any ordinary sense of the word.

With each of our three criminal-law topics—defining offenses, apprehending suspects, and establishing punishments—we feel, I believe, strong moral resistance to the idea that our practices should be settled by a prospective-participant perspective. This becomes quite clear when we look at how the “reforms” suggested by institutional viewing might combine once we consider all three topics together: imagine a more extensive and swifter use of the death penalty in homicide cases coupled with somewhat lower standards of evidence; or think of backing a strict-liability criminal statute with the death penalty. Of course, such “reforms” would increase the execution of innocents; but, their proponents will tell us, any penal system involves the punishment of some innocents, and, if it provides for the death penalty, the execution of some innocents. Moreover, why is it worse for innocents to be punished than for innocents to suffer an equivalent harm in some other way? Formulated from a prospective-participant perspective: Why not run a small risk of being innocently executed in exchange for reducing, much more significantly, the risk of dying prematurely in other ways?

A question that has recently attracted considerable attention is this:

What is the nature and significance of the normative relationship a person bears to herself (where the self is understood to include the whole embodied person)?

On one view, it is held that persons are self-owners: as Locke put it in one of the more famous passages in the Second Treatise:

[E]very man has a property in his own person: this no body has any right to but himself. The labour of his body, and the work of his hands, we may say, are properly his.

Chinese liberals have been searching for a just society, one regulated by democratic institutions and rules—a society where the human potential for evil is properly controlled. It is in this context that Chinese liberal intellectuals such as Yan Jiaqi, Hu Ping, and Liao Xun, drawing on their respective experiences of the tragedies in China, have taken the idea that there is always a potential for evil in human nature as a starting-point for a just society and for designing democratic institutions.