Not egoists but strangers, sometimes benevolent, make for citizens of the deontological republic; justice finds its occasion because we cannot know each other, or our ends, well enough to govern by the common good alone. This condition is not likely to fade altogether, and so long as it does not, justice will be necessary. But neither is it guaranteed always to predominate, and in so far as it does not, community will be possible, and an unsettling presence for justice.
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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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.
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.
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.
The Second World War supplied the occasion for the spending, and Keynesian economics supplied the rationale. But Keynesian fiscal policy had political appeal even before the war demonstrated its economic success. For unlike the various proposals for structural reform, such as vigorous antitrust action or national economic planning, Keynesian economics offered a way for the government to control the economy without having to choose among controversial views of the good society. Where earlier reformers had sought economic arrangements that would cultivate, citizens of a certain kind, Keynesians undertook no formative mission; they proposed simply to accept existing consumer preferences and to regulate the economy by manipulating aggregate demand.
Americans’ strong attachment to individual initiative, together with their willingness to accept inequality, leads them to exaggerate the possibility of rising through hard work. Europeans’ skepticism that individual effort conquers all, together with their lesser tolerance of inequality, leads them to underestimate the possibility of rising.
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.
Political philosophy seems often to reside at a distance from the world. Principles are one thing, politics another, and even our best efforts to ‘live up’ to our ideals typically founder on the gap between theory and practice.<p>But if political philosophy is unrealizable in one sense, it is unavoidable in another. This is the sense in which philosophy inhabits the world from the start; our practices and institutions are embodiments of theory . . . . for all our uncertainties about ultimate questions of political philosophy — of justice and value and the nature of the good life — the one thing we know is that we live some answer all the time.
Freedom of conscience and freedom of choice are not the same; where conscience dictates, choice decides. Where freedom of conscience is at stake, the relevant right is to perform a duty, not to make a choice. This was the issue for Madison and Jefferson. Religious liberty addressed the problem of encumbered selves, claimed by duties they cannot renounce, even in the face of civil obligations that may conflict.
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.
Meritocratic hubris reflects the tendency of winners to inhale too deeply of their success, to forget the luck and good fortune that helped them on their way. It is the smug conviction of those who land on top that they deserve their fate, and that those on the bottom deserve theirs, too. This attitude is the moral companion of technocratic politics.
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.
Unlike Rousseau's unitary vision, the republican politics Tocqueville describes is more clamorous than consensual. It does not despise differentiation. Instead of collapsing the space between persons, it fills this space with public institutions that gather people together invarious capacities, that both separate and relate them.
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Many liberals and progressives, especially those with egalitarian commitments, resist the claim that the rich are rich because they are more deserving than the poor. They see this as an ungenerous, moralizing argument used by those who oppose taxing the rich to help the disadvantaged. Against the claim that affluence signifies superior virtue, egalitarian liberals emphasize the contingency of fortune. They point out that success or failure in market societies has as much to do with luck and circumstance as with character and virtue. Many of the factors that separate winners from losers are arbitrary from a moral point of view.