Daniel Weinstock

There are at present two ways in which to evaluate religiously-based claims to accommodation in the legal context. The first, objective approach holds that these claims should be grounded in « facts of the matter » about the religions in question. The second, subjective approach, is grounded in an appreciation by the courts of the sincerity of the claimant. The first approach has the advantage of accounting for the difference between two constitutional principles : freedom of conscience on the one hand, and freedom of religion on the other. It has the disadvantage of transforming courts into expert bodies on religious matters. The subjective approach has a harder time accounting for the distinction. It also risks giving rise to a proliferation of claims. A plausible synthesis between the two approaches requires that we uncover the normative grounds justifying the granting by liberal democracies of religious accommodation. An analogous argument to that put forward by Kymlicka in the case of minority nations identifies the interest that citizens have in being able to exercise their « cultural agency » : the creative reappropriation and reinterpretation of the rituals, practices and norms of religious traditions.Il existe à l’heure actuelle dans le contexte juridique deux principales approches à l’évaluation de la légitimité des demandes d’accommodement pour des motifs religieux. La première, objective, affirme que ces demandes doivent pouvoir s’appuyer dans des faits concernant la religion en question. La seconde, subjective, s’appuie sur l’appréciation de la sincérité de la demande faite par le requérant. La première approche a l’avantage de rendre compte de la distinction entre les deux principes constitutionnels que sont, d’une part, la liberté de conscience, et de l’autre, la liberté de religion. Elle a l’inconvénient de tendre à ériger les tribunaux en « experts » sur des questions religieuses. L’approche subjective rend plus difficilement compte de la distinction entre les deux principes, et de plus risque de donner lieu à une prolifération de demandes. Pour atteindre une synthèse plausible de ces deux approches, il nous faut identifier les fondements normatifs justifiant l’intérêt que les démocraties libérales ont à reconnaître une telle catégorie d’accommodements. En prenant appui dans le célèbre argument de Kymlicka justifiant les droits de nations minoritaires, nous pouvons identifier un intérêt que ces types d’État ont à protéger les conditions permettant aux citoyens de manifester leur « agentivité culturelle », leur capacité à s’identifier en se les réappropriant et en les réinterprétant les normes, pratiques et rites issues de traditions religieuses.

This paper seeks to provide an overview of some of the main areas of debate that have emerged in recent years at the interface between theories of justice and health care. First, the paper consi- ders various positions as to what the index of justice with respect to health ought to be. It warns on practical and principled grounds against conceptual inflation of the notion of "health" as it appears in theories of distributive justice. Second, it considers how various standards according to which goods ought to be distributed in a just society apply to debates within health care.

In this paper we re-examine Hugh LaFollette's proposal that the state carefully determine the eligibility and suitability of prospective parents before granting them a ?license to parent?. Assuming a prima facie case for licensing parents grounded in our duty to promote the welfare of the child, we offer several considerations that complicate LaFollette's radical proposal. We suggest that LaFollette can only escape these problems by revising his proposal in a way that renders the license effectively obsolete, a route he implicitly adopts in his recent revisiting of the licensing proposal. We conclude that there is little merit in the idea of licensing ?natural? parents as a practical policy proposal, and raise some questions about its continued use in relation to adoptive and foster parents

Freedom of Conscience and Freedom of Religion should be taken to protect two distinct sets of moral considerations. The former protects the ability of the agent to reflect critically upon the moral and political issues that arise in her society generally, and in her professional life more specifically. The latter protects the individual's ability to achieve secure membership in a set of practices and rituals that have as a moral function to inscribe her life in a temporally extended narrative. Once these grounds are distinguished, it becomes more difficult to grant healthcare professionals' claims to religious exemptions on the basis of the latter than it is on the basis of the former. While both sets of considerations generate ‘internal reasons’ for rights to accommodation, the relevant ‘external’ reasons present in the case of claims of moral conscience do not possess analogues in the case of claims of religious conscience. However, the argument applies only to ‘irreducibly religious’ claims, that is to claims that cannot be translated into moral vocabulary. What's more, there may be reasons to grant the claims of religious persons to exemptions that have to do not with the nature of the claims, but with the beneficial effects that the presence of religious persons may have in the context of the healthcare institutions of multi-faith societies

Much liberal theorizing of the past twenty years has been built around a conception of neutrality and an accompanying virtue of reasonableness according to which citizens ought to be able to view public policy debates from a perspective detached from their comprehensive conceptions of the good. The view of “justifi catory neutrality” that emerges from this view is discussed and rejected as embodying controversial views about the relationship of individuals to their conceptions of the good. It is shown to be based upon a “protestant” assumption according to which conceptions of the good can be cashed out in terms of propositional beliefs. An alternative conception of reasonableness, grounded in the stable disposition of individuals to prefer social peace over conflict is described. It is argued that it better satisfies the neutralist requirement than do theories of justifi catory neutrality

RÉSUMÉ: Je maintiens dans cet essai que l'argument développé par Thomas Hurka sur la base de son perfectionnisme aristotélicien en faveur d'une forme modérée de perfectionnisme d'État échoue. Je tente de démontrer que son perfectionnisme sousdétermine les types d'activités que l'État aurait à promouvoir afin de réaliser les valeurs perfectionnistes qu'il défend. Je soutiens également que Hurka opère avec une conception caricaturale de la doctrine de la neutralité libérale. Selon lui, l'État libéral serait réduit à l'inaction par cette notion. Je démontre que l'État libéral peut promouvoir les biens et les activités qui font partie d'une «conception libérale du bien» tout en respectant l'exigence de neutralité. Ces biens et ces activités sont ceux que recoupent déjà les conceptions raisonnables de la vie bonne, ainsi que ceux qui sont présupposés, que cela soit pour des raisons empiriques ou conceptuelles, par de telles conceptions raisonnables.

This is the first comprehensive evaluation of Charles Taylor's work and a major contribution to leading questions in philosophy and the human sciences as they face an increasingly pluralistic age. Charles Taylor is one of the most influential contemporary moral and political philosophers: in an era of specialisation he is one of the few thinkers who has developed a comprehensive philosophy which speaks to the conditions of the modern world in a way that is compelling to specialists in various disciplines. This collection of specially commissioned essays brings together twelve distinguished scholars from a variety of fields to discuss critically Taylor's work. The topics range from the history of philosophy, to truth, modernity and postmodernity, theism, interpretation, the human sciences, liberalism, pluralism and difference. Taylor responds to all the contributions and re-articulates his own views.

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.

My intention in this essay will be to explore the role that consent-based arguments perform in Kant's political and legal philosophy. I want to uncover the extent to which Kant considered that the legitimacy of the State and of its laws depends upon the outcome of intersubjective deliberation. Commentators have divided over the following question: Is Kant best viewed as a member of the social contract tradition, according to which the legitimacy of the state and of the laws it promulgates derives from the consent of those people over whom it claims authority, or should he be read as having put forward a secularized version of natural law theory, according to which the state and its laws are legitimate to the extent that they are attained by standards of sound reason and supported by an objective account of the human good?

ABSTRACTThis report on end‐of‐life decision‐making in Canada was produced by an international expert panel and commissioned by the Royal Society of Canada. It consists of five chapters.Chapter 1 reviews what is known about end‐of‐life care and opinions about assisted dying in Canada.Chapter 2 reviews the legal status quo in Canada with regard to various forms of assisted death.Chapter 3 reviews ethical issues pertaining to assisted death. The analysis is grounded in core values central to Canada's constitutional order.Chapter 4 reviews the experiences had in a number of jurisdictions that have decriminalized or recently reviewed assisted dying in some shape or form.Chapter 5 provides recommendations with regard to the provision of palliative care in Canada, as well as recommendations for reform with respect to the various forms of assisted death covered in this document

This article provides an introduction to the articles in this theme issue. This collection examines epistemological, ontological, moral and political questions in medicine in light of the philosophical ideas of Charles Taylor. A synthesis of Taylor's relevant work is presented. Taylor has argued for a conception of the human sciences that regards human life as meaningful–deriving meaning from surrounding horizons of significance. An overview of the interdisciplinary articles in this issue is presented. This collection advances our thinking in the philosophy of medicine as well as the philosophy of Charles Taylor

ABSTRACT Recent writings by philosophers such as David Miller and Yael Tamir have undertaken to provide nationalism with a normative foundation, a task which has been all but ignored by post‐War English‐language political philosophy. I identify and criticise three lines of argument which have been deployed in their writings. First, it is argued by Miller that the universalism and abstraction of rationalist moral theories have made them suspicious of ‘particularisms’ such as nationalism, but that they stem from a faulty metaethics. Against this I argue that abstraction and universality need not be grounded in a universalist metaethics, but can be derived pragmatically from the ethical needs of multicultural societies. Second, it is argued that liberal policies such as taxation and material redistribution, restrictions on immigration, as well as liberal concepts such as political obligation, presuppose the validity of the nationalist point of view. Against this I hold that nationalism never provides the strongest moral grounds for these policies and concepts, and that, in the specific case of distributive justice, it can even undermine them. And third, I examine the argument that the historical excesses of which nationalists have been guilty are actually the product of a narrow, ‘ethnic’nationalism, in contrast to which we can articulate a categorically distinct, open, ‘civic’nationalism, which would be broadly compatible with liberal political morality. I argue that the concept of civic nationalism is unstable, and that under fairly plausible and widespread empirical conditions, it either collapses back into a form of ethnic nationalism, or else becomes devoid of any recognisably nationalist content.

The political philosophy of health care has been characterized by considerable conceptual inflation in recent years. First, the concept of health that lies at its core has come to encompass ever-increasing aspects of individuals’ existences. And second, the emergence of the public health perspective has increased the range of resources relevant to health equity. This expansion has not been without cost. The decision to include more rather than less within the ambit of "health" is ultimately a moral/political rather than an ontological or metaphysical one, and there are several ethical reasons to define the scope of theories of distributive justice in health narrowly

In a pair of influential papers, Tamar Schapiro argues that childhood is a ‘predicament’, in that children lack stable characters that allow them to be subjects of ascriptions of moral responsibility. Comparing childhood to the political ‘state of nature’, Schapiro holds that childhood is a stage of life from which agents must be liberated. I argue that the comparison to the state of nature gives rise to the implication that ‘instantaneous adulthood’ would be a desirable state. Canvassing the nascent literature on ‘intrinsic goods of childhood’, I hold that such views cannot defeat Schapiro's implications, as they are based on theories of value that beg the question against Schapiro's. Only if childhood can be shown to be a necessary stage toward a normatively attractive adulthood can the ‘instantaneous adulthood’ implication be defeated. I show that Schapiro's view is only plausible if it incorporates the endorsement condition and the articulacy condition. But these are incompatible with instantaneous adulthood. Childhood can be seen as the stage in life in which agents actively endorse their characters, and gain articulacy with respect to the maxims that constitute them.

In this article, I distinguish boycotts from other kinds of superficially similar types of actions, and argue that boycotts involve at least coordinated activity on the part of the members of a group to abstain on moral grounds from otherwise normal interaction with the members of another group. Boycotts in their minimal forms do not face high justificatory hurdles, since they involve the exercise of freedom of speech, along with the exercise by members of the boycotting group of basic rights and freedoms, such as the right to associate, freedom of movement, and the like. The justificatory hurdles are greater, though not insurmountable, when boycotts involve the coercion of members of the boycotting group who either disagree with the grounds for boycott, or with the appropriateness of boycotting as a strategy to bring about a morally desirable change, or when they involve defeating the reasonable expectations of members of the boycotted group. I describe the justificatory challenges in both these cases, as well as the ways in which they can be met.

Abstract: Debates about the possibility of global democracy and justice are plagued by a fallacious assumption made by all parties. That assumption is that there is a "naturalness" to relations among fellow nationals to which a global demos could never aspire. In fact, nation builders employed a great many tools that mobilized the psychological and moral susceptibilities of individuals in order to create a sense of solidarity out of initially heterogeneous elements. Two such tools are described and then applied to the global sphere: first, appeals to prudence through the sometimes artificial engineering of Hobbesian situations, and second, uses of philosophically inferior but motivationally optimal moral argument. The applicability of these strategies to the global sphere suggests that cosmopolitans would be well advised to examine further the nation builder's toolbox for other devices through which a global demos might be motivated.