Daniel Marc Weinstock

Le débat entre libéraux et communautariens a fait coulé des fleuves d’encre depuis le début des années 1980 dans le domaine de la philosophie politique d’expression anglaise. Le coup d’envoi de ce débat fut sans doute la Théorie de la justice de John Rawls, publiée en 1971. Le livre suscita de la part des auteurs communautariens une vive réaction, dont les moments les plus forts furent probablement Liberalism and the Limits of Justice de Michael Sandel, Spheres of Justice de Michael Walzer, et After Virtue, d’Alasdair MacIntyre. Le projet de Rawls fut de renouveler la tradition libérale du contrat social en mettant à contribution les ressources conceptuelles des sciences économiques et de la théorie du choix rationnel. Rawls démontra que des individus auxquels on aurait ôté toute information quant à leurs traits individuants choisiraient dans une situation contractuelle hypothétique des principes de justice garantissant en premier lieu à tous une part aussi importante que possible de droits et de libertés, et établissant deuxièmement, à travers le célèbre «principe de différence» les bases d’une redistribution équitable des richesses sociales.

Multicultural theory and practice have in recent years been subjected to substantial criticism. While some of these criticisms can be dismissed as grounded in discriminatory attitudes, others are less easily swept aside, as they are underwritten by values that multiculturalists tend to affirm. A harm reduction approach, that recognizes that reasonable citizens can disagree about some multicultural practices while at the same time acknowledging that attempts at prohibition are either exceedingly costly or contrary to the very values that opponents subscribe to, can provide an alternative foundation for some multicultural accommodations to which both opponents and advocates can subscribe. It involved permitting contested behaviours while imposing regulations aimed at minimizing the harms relative to shared values that they can give rise to.

There is an underappreciated disconnect between the ultimate values that lie at the heart of contemporary theories of distributive justice, and the practice of state institutions. State institutions deliver “intermediate goods” – goods such as health-care, education, housing, transportation, and the like – that are instrumental to a society being distributively just, but that do not in an of themselves constitute criteria of justice. Researchers who have emphasized the “social determinants of health” provide an insight that, when generalized, point us in a direction that theorists of distributive justice should follow, that of attending not just to the instrinsic value of intermediate goods, but also to their causal contributions to realizing the values that theories of distributive justice make central. “Platforms”, which represent principle-driven attempts at designing compossible policies that attend both to the causal and to the intrinsic value of intermediate goods, should be given more importance within theories of distributive justice if such theories are to be policy-relevant, for they connect the ultimate values of these theories to the practices of state institutions

The post-confinement phase of the COVID-19 pandemic will require that governments navigate more complex ethical questions than had occurred in the initial, ‘curve-flattening’ phase, and that will occur when the pandemic is in the past. By looking at the unavoidable harms involved in the confinement and quarantine methods employed during the initial phase of the pandemic, we can develop a harm reduction approach to managing the phase during which society will be gradually reopened in a context of managed risk. The principles that are at the heart of such an approach include a reckoning with all of the harms involved in policy choice, including harms that might be given rise to by policy implementation itself; a focus on the harms to which already vulnerable populations are susceptible; and a strong preference for policies that economize on the use of prohibitions and of coercive state enforcement, and that instead emphasize the agency of citizens in realizing health-promoting behavior change. This framework is applied to a policy proposal that has been discussed in policy circles in a number of countries, that of immunity ‘passports’, and to policies that emphasize the creative use of space and time to achieve physical distancing goals.

In democratic theory, “legitimacy” refers to the set of conditions that must be in place in order for the claims to authority of somebody to be deemed appropriate, and for their claims to compliance to be warranted. Though criteria of legitimacy have been elaborated in the context of democratic states, there is no reason for them not to be drawn up, with appropriate amendments, for other kinds of authority structures. This paper examines the claims to authority made over researchers by international bodies governing research ethics, who exercise their authority by the research ethics guidelines they produce (including recent revisions to the Declaration of Helsinki and CIOMS Guidelines). We argue that discussions of such bodies and sets of guidelines often elide questions of justification and questions of legitimacy, and that the grounds that might allow us to mount a strong case for the latter are at present sorely underdeveloped.

I outline Rawls's theory of justification, highlighting its philosophical and pragmatic conditions. I argue that the theory has remained essentially unchanged since his earliest methodological writings, and that his recent writings have sought to show how "justice as fairness" can satisfy these conditions, given Rawls's new construal of the "fact of pluralism" which theories of justice designed for modern Western liberal democracies must address. I argue that neither Rawls's revised conception of reflective equilibrium, based on the "fixed points" of such societies' political cultures rather than on individuals' "considered moral judgments" nor the newer notion of "overlapping consensus", succeed in justifying "justice as fairness" according to the terms of Rawls's theory of justification

Wendy Donner'sThe Liberal Self: John Stuart Mill's Moral and Political Philosophyis an important and thought-provoking addition to the growing body of literature seeking to rescue Mill's practical philosophy from the rather lowly place it occupied in the estimation of many philosophers earlier this century, and to present him as a philosopher whose views form a coherent, systematic whole that can still contribute significantly to numerous moral and political debates. The book proposes an interpretation of the whole of Mill's practical philosophy, and attempts to reveal how aspects of Mill's thought, hitherto considered incompatible, actually mutually support one another. At the same time, Donner sets many of Mill's positions in the context of contemporary moral and political philosophical debates, and finds that on a number of important issues, his thought stands up rather well against more recent work.

Talk of harm reduction has expanded horizontally, to apply to an ever-widening range of policy domains, and vertically, becoming part of official legal and political discourse. This expansion calls for philosophical theorization. What is the best way in which to characterize harm reduction? Does it represent a distinctive ethical position? How is it best morally justified, and what are its moral limits? I distinguish two varieties of harm reduction. One of them, technocratic harm reduction, is premised on the fact of non-enforceability of prohibitionist policies. The second, deliberative harm reduction, is premised on the fact of reasonable disagreement, grounded in the fact that reasonable persons disagree about a range of controversial behaviours. I argue that deliberative harm reduction better accounts for some of harm reduction’s most attractive features, and provides a plausible way of accounting for harm reductions’s justificatory grounds and limits.

Recent defenders of nationalism have pointed to the fact that most people feel that their obligations towards their compatriots are either more numerous or more stringent than those which bind them to people from other countries. They point to this fact as evidence that something is seriously amiss with the universalism which allegedly underpins liberal theory. That people believe quite strongly that they have such special obligations is taken as a datum for which different theories of justice must somehow offer an account. It is taken to be a measure of the theoretical success of a theory of justice that what we might call the "special-obligations thesis" can be derived from it.

There are few philosophical questions to which Charles Taylor has not devoted his attention. His work has made powerful contributions to our understanding of action, language, and mind. He has had a lasting impact on our understanding of the way in which the social sciences should be practised, taking an interpretive stance in opposition to dominant positivist methodologies. Taylor's powerful critiques of atomist versions of liberalism have redefined the agenda of political philosophers. He has produced prodigious intellectual histories aiming to excavate the origins of the way in which we have construed the modern self, and of the complex intellectual and spiritual trajectories that have culminated in modern secularism. Despite the apparent diversity of Taylor's work, it is driven by a unified vision. Throughout his writings, Taylor opposes reductive conceptions of the human and of human societies that empiricist and positivist thinkers from David Hume to B.F. Skinner believed would lend rigour to the human sciences. In their place, Taylor has articulated a vision of humans as interpretive beings who can be understood neither individually nor collectively without reference to the fundamental goods and values through which they make sense of their lives. The contributors to this volume, all distinguished philosophers and social theorists in their own right, offer critical assessments of Taylor's writings. Taken together, they provide the reader with an unrivalled perspective on the full extent of Charles Taylor's contribution to modern philosophy.