A public philosophy is an elusive thing, for it is constantly before our eyes. It forms the often unreflective background to our political discourse and pursuits. In ordinary times, the public philosophy can easily escape the notice of those who live by it. But anxious times compel a certain clarity. They force first principles to the surface and offer an occasion for critical reflection.
American political philosopher
Michael Joseph Sandel (born 5 March 1953) is an American political philosopher and a professor at Harvard University. He is best known for the Harvard course "Justice", and for his critique of John Rawls' A Theory of Justice in his first book, Liberalism and the Limits of Justice (1982).
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It is sometimes thought that liberal principles can be justified by a simple version of moral relativism. Government should not "legislate morality," because all morality is merely subjective, a matter of personal preference not open to argument or rational debate. "Who is to say what is literature and what is filth? That is a value judgment, and whose values should decide?" Relativism usually appears less as a claim than as a question: "Who is to judge?" But the same question can be asked of the values that liberals defend. Toleration and freedom and fairness are values too, and they can hardly be defended by the claim that no vales can be defended. So it is a mistake to affirm liberal values by arguing that all values are merely subjective. The relativist defense of liberalism is no defense at all.
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For the last several decades, the language of merit has dominated public discourse, with little recognition of the downside. Even in the face of deepening inequality, the rhetoric of rising has provided, for mainstream parties of the center-left and center-right, the primary language of moral progress and political improvement. “Those who work hard and play by the rules should be able to rise as far as their talents will take them.” Meritocratic elites had become so accustomed to intoning this mantra that they failed to notice it was losing its capacity to inspire. Tone-deaf to the mounting resentments of those who had not shared in the bounty of globalization, they missed the mood of discontent. The populist backlash caught them by surprise. They did not see the insult implicit in the meritocratic society they were offering.
Since human beings are storytelling beings, we are bound to rebel against the drift to storylessness. But there is no guarantee that the rebellions will take salutary form. Some, in their hunger for story, will be drawn to the vacant, vicarious fare of confessional talk shows, celebrity scandals, and sensational trials. Others will seek refuge in fundamentalism. The hope of our time rests instead with those who can summon the conviction and restraint to make sense of our condition and repair the civic life on which democracy depends.
The meritocratic conviction that people deserve whatever riches the market bestows on their talents makes solidarity an almost impossible project. For why do the successful owe anything to the less-advantaged members of society? The answer to this question depends on recognizing that, for all our striving, we are not self-made and self-sufficient; finding ourselves in a society that prizes our talents is our good fortune, not our due. A lively sense of the contingency of our lot can inspire a certain humility: “There, but for the grace of God, or the accident of birth, or the mystery of fate, go I.” Such humility is the beginning of the way back from the harsh ethic of success that drives us apart. It points beyond the tyranny of merit toward a less rancorous, more generous public life.
We have seen that Rawls’ theory of justice requires for its coherence a conception of community in the constitutive sense, which requires in turn a notion of agency in the cognitive sense, and we have hound that Rawls’ theory of the good can allow for neither. This calls into question the theory of justice, or the theory of the good, or both.
The assumption that government must be neutral among conceptions of the good generally appears in cases in which the Court protects speech that government would restrict. But the force of this assumption can also be seen where the Court has upheld restrictions on speech, most notably, in obscenity cases. Although the Court has been reluctant to protect obscenity under the First Amendment, its reasoning in recent obscenity cases displays the powerful influence of neutrality assumptions on constitutional law.
This liberalism says, in other words, that what makes the just society just is not the telos or purpose or end at which it aims, but precisely its refusal to choose in advance among competing purposes and ends. In its constitution and its laws, the just society seeks to provide a framework within which its citizens can pursue their own values and ends, consistent with a similar liberty for others
Central to republican theory is the idea that liberty depends on sharing in self-government. This idea is not by itself inconsistent with liberal freedom. Participating in politics can be one among the ways in which people choose to pursue their ends. According to republican political theory, however, sharing in self-rule involves something more. It means deliberating with fellow citizens about the common good and helping to shape the destiny of the political community. But to deliberate well about the common good requires more than the capacity to choose one's ends and to respect others' rights to do the same. It requires a knowledge of public affairs and also a sense of belonging, a concern for the whole, a moral bond with the community whose fate is at stake.
Admittedly, the tendency to bracket substantive moral questions makes it difficult to argue for toleration in the language of the good. Defining privacy rights by defending the practices privacy protects seems either reckless or quaint; reckless because it rests so much on moral argument, quaint because it recalls the traditional view that ties the case for privacy to the merits of the conduct privacy protects. But as the abortion and sodomy cases illustrate, the attempt to bracket moral questions faces difficulties of its own. They suggest the truth in the "naive" view, that the justice or injustice of laws against abortion and homosexual sodomy may have something to do with the morality or immorality of these practices after all.
One of the failures of the well-credentialed, meritocratic elites who have governed for the past four decades is that they have not done very well at putting questions such as these at the heart of political debate. Now, as we find ourselves wondering whether democratic norms will survive, complaints about the hubris of meritocratic elites and the narrowness of their technocratic vision may seem trifling. But theirs was the politics that led to this moment, that produced the discontent that populist authoritarians exploit. Facing up to the failures of meritocracy and technocracy is an indispensable step toward addressing that discontent and reimagining a politics of the common good.
Where the self is conceived as prior to its ends, independent of the roles it may occupy at any given time, reputation cannot be a matter of honor in the traditional sense. For the unencumbered self, not honor but dignity is the basis of respect―the dignity that consists in the capacity of persons as autonomous agents to choose their ends for themselves. Unlike honor, which ties respect for persons to the roles they inhabit, dignity resides in a self antecedent to social institutions, and so is invulnerable to injury by insult alone. For selves such as these, reputation matters, not intrinsically, as a matter of honor, but only instrumentally, as a business asset for example.
Luck egalitarianism defends inequalities that arise from effort and choice. This highlights a point of convergence with free-market liberalism. Both emphasize personal responsibility and make the community’s obligation to help the needy conditional on showing that their neediness is no fault of their own.