•  9452
    Rawls’s Defense of the Priority of Liberty: A Kantian Reconstruction
    Philosophy and Public Affairs 31 (3). 2003.
    Rawls offers three arguments for the priority of liberty in Theory, two of which share a common error: the belief that once we have shown the instrumental value of the basic liberties for some essential purpose (e.g., securing self-respect), we have automatically shown the reason for their lexical priority. The third argument, however, does not share this error and can be reconstructed along Kantian lines: beginning with the Kantian conception of autonomy endorsed by Rawls in section 40 of Theor…Read more
  •  4717
    Kantian Personal Autonomy
    Political Theory 33 (5): 602-628. 2005.
    Jeremy Waldron has recently raised the question of whether there is anything approximating the creative self-authorship of personal autonomy in the writings of Immanuel Kant. After considering the possibility that Kantian prudential reasoning might serve as a conception of personal autonomy, I argue that the elements of a more suitable conception can be found in Kant’s Tugendlehre, or “Doctrine of Virtue”—specifically, in the imperfect duties of self-perfection and the practical love of others. …Read more
  •  4150
    Self-Ownership and the Limits of Libertarianism
    Social Theory and Practice 31 (4): 465-482. 2005.
    In the longstanding debate between liberals and libertarians over the morality of redistributive labor taxation, liberals such as John Rawls and Ronald Dworkin have consistently taken the position that such taxation is perfectly compatible with individual liberty, whereas libertarians such as Robert Nozick and Murray Rothbard have adopted the (very) contrary position that such taxation is tantamount to slavery. In this paper, I argue that the debate over redistributive labor taxation can be usef…Read more
  •  3805
    A Kantian Defense of Self‐Ownership
    Journal of Political Philosophy 12 (1): 65-78. 2004.
    Many scholars, including G. A. Cohen, Daniel Attas, and George Brenkert, have denied that a Kantian defense of self-ownership is possible. Kant's ostensible hostility to self-ownership can be resolved, however, upon reexamination of the Groundwork and the Metaphysics of Morals. Moreover, two novel Kantian defenses of self-ownership (narrowly construed) can be devised. The first shows that maxims of exploitation and paternalism that violate self-ownership cannot be universalized, as this leads to…Read more
  •  2871
    Religious Conservatives and Safe Sex: Reconciliation by Nonpublic Reason
    American Political Thought 3 (2): 322-340. 2014.
    Religious conservatives in the U.S. have frequently opposed public-health measures designed to combat STDs among minors, such as sex education, condom distribution, and HPV vaccination. Using Rawls’s method of conjecture, I will clear up what I take to be a misunderstanding on the part of religious conservatives: even if we grant their premises regarding the nature and source of sexual norms, the wide-ranging authority of parents to enforce these norms against their minor children, and the poten…Read more
  •  2729
    The Priority of Liberty
    In David Reidy & Jonathan Mandle (eds.), Companion to Rawls, Wiley-blackwell. pp. 147-163. 2013.
    Rawls offers three arguments for the priority of liberty in Theory, two of which share a common error: the belief that once we have shown the instrumental value of the basic liberties for some essential purpose (e.g., securing self-respect), we have automatically shown the reason for their lexical priority. The third argument, however, does not share this error and can be reconstructed along Kantian lines: beginning with the Kantian conception of autonomy endorsed by Rawls in section 40 of Theor…Read more
  •  2347
    Rawlsian Affirmative Action
    Ethics 119 (3): 476-506. 2009.
    My paper addresses a topic--the implications of Rawls's justice as fairness for affirmative action--that has received remarkably little attention from Rawls's major interpreters. The only extended treatments of it that are in print are over a quarter-century old, and they bear scarcely any relationship to Rawls's own nonideal theorizing. Following Christine Korsgaard's lead, I work through the implications of Rawls's nonideal theory and show what it entails for affirmative action: viz. that unde…Read more
  •  2054
    Hate Speech, the Priority of Liberty, and the Temptations of Nonideal Theory
    Ethical Theory and Moral Practice 15 (3): 353-68. 2012.
    Are government restrictions on hate speech consistent with the priority of liberty? This relatively narrow policy question will serve as the starting point for a wider discussion of the use and abuse of nonideal theory in contemporary political philosophy, especially as practiced on the academic left. I begin by showing that hate speech (understood as group libel) can undermine fair equality of opportunity for historically-oppressed groups but that the priority of liberty seems to forbid its res…Read more
  •  1758
    With the publication of A Theory of Justice in 1971, John Rawls not only rejuvenated contemporary political philosophy but also defended a Kantian form of Enlightenment liberalism called “justice as fairness.” Enlightenment liberalism stresses the development and exercise of our capacity for autonomy, while Reformation liberalism emphasizes diversity and the toleration that encourages it. These two strands of liberalism are often mutually supporting, but they conflict in a surprising number of …Read more
  •  1698
    Against several recent interpretations, I argue in this chapter that Immanuel Kant's support for enlightened absolutism was a permanent feature of his political thought that fit comfortably within his larger philosophy, though he saw such rule as part of a transition to democratic self-government initiated by the absolute monarch himself. I support these contentions with (1) a detailed exegesis of Kant’s essay "What is Enlightenment?" (2) an argument that Kantian republicanism requires not merel…Read more
  •  1675
    Self-Realization and the Priority of Fair Equality of Opportunity
    Journal of Moral Philosophy 1 (3): 333-347. 2004.
    The lexical priority of fair equality of opportunity in John Rawls’s justice as fairness, which has been sharply criticized by Larry Alexander and Richard Arneson among others, is left almost entirely undefended in Rawls’s works. I argue here that this priority rule can be successfully defended against its critics despite Rawls’s own doubts about it. Using the few textual clues he provides, I speculatively reconstruct his defense of this rule, showing that it can be grounded on our interest in s…Read more
  •  1391
    Market Freedom as Antipower
    American Political Science Review 107 (3): 593-602. 2013.
    Historically, republicans were of different minds about markets: some, such as Rousseau, reviled them, while others, like Adam Smith, praised them. The recent republican resurgence has revived this issue. Classical liberals such as Gerald Gaus contend that neo-republicanism is inherently hostile to markets, while neo-republicans like Richard Dagger and Philip Pettit reject this characterization—though with less enthusiasm than one might expect. I argue here that the right republican attitude tow…Read more
  •  1378
    Scholars have long debated the relationship between Kant’s doctrine of right and his doctrine of virtue (including his moral religion or ethico-theology), which are the two branches of his moral philosophy. This article will examine the intimate connection in his practical philosophy between perpetual peace and the highest good, between political and ethico-religious communities, and between the types of transparency peculiar to each. It will show how domestic and international right provides a …Read more
  •  1255
    Contemporary republicanism is characterized by three main ideas: free persons, who are not subject to the arbitrary power of others; free states, which try to protect their citizens from such power without exercising it themselves; and vigilant citizenship, as a means to limit states to their protective role. This book advances an economic model of such republicanism that is ideologically centre-left. It demands an exit-oriented state interventionism, one that would require an activist governmen…Read more
  •  1199
    Against several recent interpretations, I argue in this paper that Immanuel Kant's support for enlightened absolutism was a permanent feature of his political thought that fit comfortably within his larger philosophy, though he saw such rule as part of a transition to democratic self-government initiated by the absolute monarch himself. I support these contentions with (1) a detailed exegesis of Kant’s essay "What is Enlightenment?" (2) an argument that Kantian republicanism requires not merely …Read more
  •  1071
    Donation without Domination: Private Charity and Republican Liberty
    Journal of Political Philosophy 26 (4): 441-462. 2018.
    Contemporary republicans have adopted a less-than-charitable attitude toward private beneficence, especially when it is directed to the poor, worrying that rich patrons may be in a position to exercise arbitrary power over their impoverished clients. These concerns have led them to support impartial public provision by way of state welfare programs, including an unconditional basic income (UBI). In contrast to this administrative model of public welfare, I will propose a competitive model in whi…Read more
  •  1066
    Illiberal Socialism
    Social Theory and Practice 40 (3): 433-460. 2014.
    Is “liberal socialism” an oxymoron? Not quite, but I will demonstrate here that it is a much more unstable and uncommon hybrid than scholars had previously thought and that almost all liberals should reject socialism, even in its most attractive form. More specifically, I will show that three leading varieties of liberalism—neutralist, plural-perfectionist, and deliberative-democratic—are incompatible with even a moderate form of socialism, viz., associational market socialism. My paper will als…Read more
  •  944
    Self-Ownership and Transplantable Human Organs
    Public Affairs Quarterly 21 (1): 89-107. 2007.
    Philosophers have given sustained attention to the controversial possibility of (legal) markets in transplantable human organs. Most of this discussion has focused on whether such markets would enhance or diminish autonomy, understood in either the personal sense or the Kantian moral sense. What this discussion has lacked is any consideration of the relationship between self-ownership and such markets. This paper examines the implications of the most prominent and defensible conception of self-o…Read more
  •  743
    Children as Projects and Persons: A Liberal Antinomy
    Social Theory and Practice 35 (4): 555-576. 2009.
    A liberal antinomy of parenting exists: strong liberal intuitions militate in favor of both denying special resources to parenting projects (on grounds of project-neutrality) and granting them (on grounds of respect for personhood). I show that we can reconcile these two claims by rejecting a premise common to both--viz. that liberalism is necessarily committed to extensive procreative liberties--and limiting procreation and subsequent parenting to adults who meet certain psychological and espec…Read more
  •  695
    Republicanism and Markets
    In Yiftah Elazar & Geneviève Rousselière (eds.), Republicanism and the Future of Democracy, Cambridge University Press. pp. 207-223. 2019.
    The republican tradition has long been ambivalent about markets and commercial society more generally: from the contrasting positions of Rousseau and Smith in the eighteenth century to recent neorepublican debates about capitalism, republicans have staked out diverse positions on fundamental issues of political economy. Rather than offering a systematic historical survey of these discussions, this chapter will instead focus on the leading neo-republican theory—that of Philip Pettit—and consider …Read more
  •  582
    Delaboring Republicanism
    Public Affairs Quarterly 33 (4): 265-280. 2019.
    This article criticizes radical labor republicanism on republican grounds. I show that its demand for universal workplace democracy via workers’ cooperatives conflicts with republican freedom along three different dimensions: first, freedom to choose an occupation…and not to choose one; second, freedom within the very cooperatives that workers are to democratically govern; and third, freedom within the newly proletarian state. In the conclusion, I ask whether these criticisms apply, at least in …Read more
  •  478
    Commercial Republicanism
    In Frank Lovett & Mortimer Sellers (eds.), _Oxford Handbook of Republicanism_, Oxford University Press. 2024.
    Commercial republicanism is the idea that a properly-structured commercial society can serve the republican end of minimizing the domination of citizens by states (imperium) and of citizens by other citizens (dominium). Much has been written about this idea in the last half-century, including analyses of individual commercial republicans (e.g., Adam Smith and Immanuel Kant) as well as discussions of national traditions of the same (e.g., in America, Britain, France, the Netherlands, and Italy). …Read more
  •  410
    Although there is no more iconic, stalwart, and eloquent defender of liberty and representative democracy than J.S. Mill, he sometimes endorses non-democratic forms of governance. This article explains the reasons behind this seeming aberration and shows that Mill actually has complex and nuanced views of the transition from non-democratic to democratic government, including the comprehensive and parallel material, cultural, institutional, and character reforms that must occur, and the mechanis…Read more
  •  391
    Reading Rawls Rightly: A Theory of Justice at 50
    Polity 53 (4): 564-71. 2021.
    A half-century of Rawls interpreters have overemphasized economic equality in A Theory of Justice, slighting liberty—the central value of liberalism—in the process. From luck-egalitarian readings of Rawls to more recent claims that Rawls was a “reticent socialist,” these interpretations have obscured Rawls’s identity as a philosopher of freedom. They have also obscured the perhaps surprising fact that Rawlsian liberties (basic and non-basic) restrain and even undermine that same economic equalit…Read more
  •  370
    Trauma Drama: The Trouble with Competitive Victimhood
    Theory and Research in Education 20 (3): 259-271. 2022.
    Writing a college-application essay has become a rite of passage for high-school seniors in the U.S., one whose importance has expanded over time due to an increasingly competitive admissions process. Various commentators have noted the disturbing evolution of these essays over the years, with an ever-greater emphasis placed on obstacles overcome and traumas survived. How have we gotten to the point where college-application essays are all too frequently competitive-victimhood displays? Colleges…Read more
  •  345
    Racial Responsibility Revisited
    Public Affairs Quarterly 35 (3): 161-177. 2021.
    A common claim in the philosophy-of-race literature is that the unearned benefits of whiteness can by themselves burden their recipients with special antiracist obligations, i.e., that these benefits can impose duties unilaterally, without the mediation of their recipients’ wills, and that these duties go beyond our general antiracist duties, which derive from our common liberal-democratic citizenship and shared humanity. I will argue against this claim, though I acknowledge that there may be du…Read more
  •  326
    Selling Yourself Short? Self-Ownership and Commodification
    Public Affairs Quarterly 37 (2): 138-152. 2023.
    One powerful argument against self-ownership is that it degrades personhood by leading individuals to view themselves and others as mere instrumental goods, alienable commodities to be exchanged in markets like other products and services. In general terms, this line of criticism (called the “commodification argument”) maintains that a direct and causal relationship exists between certain legal institutions (self-ownership) and certain attitudes (instrumentalism) and that the undesirability of t…Read more
  •  21
    The Theory and Practice of Self-Ownership
    Dissertation, University of California, Berkeley. 2002.
    Myriad contemporary public-policy issues--including physician-assisted suicide, medical marijuana, abortion, surrogate motherhood, gay rights, conscription, and markets in human organs--raise the following important question: what rights should individuals have over their own bodies? The concept of self-ownership offers one way to answer this question. Just as ownership of an external object involves having rights, liberties, powers, immunities, etc., with respect to it, so self-ownership involv…Read more