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" "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.
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.
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
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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.