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.

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.

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.

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.

Share Your Favorite Quotes

Know a quote that's missing? Help grow our collection.

Unlike utilitarianism, republican theory does not take people's existing preferences, whatever they may be, and try to satisfy them. It seeks instead to cultivate in citizens the qualities of character necessary to the common good of self-government. Insofar as certain dispositions, attachments, and commitments are essential to the realization of self-government, republican politics regards moral character as a public, not merely private, concern. In this sense, it attends to the identity, not just the interests, of its citizens.

Kantian liberals thus avoid affirming a conception of the good by affirming instead the priority of the right, which depends in turn on a picture of the self given prior to its ends. But how plausible is this self-conception? Despite its powerful appeal, the image of the unencumbered self is flawed.

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.

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.

The idea that freedom consists in our capacity to choose our ends finds prominent expression in our politics and law. Its province is not limited to those known as liberals rather than conservatives in American politics; it can be found across the political spectrum.

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.

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.