Liberalism and Affirmative ObligationThe scope of affirmative obligation is a point of contention among liberals. Some see affirmative obligations required by social justice as incompatible with a strong commitment to individual freedom. The task before the moderate liberal is then to consider what a consistently liberal view of affirmative obligation would have to be in order to accommodate liberal commitments to freedom and justice and also account for long-standing institutions that are central to liberal democratic society. In this book, Patricia Smith argues that this can be achieved by reconstructing the liberal doctrine of positive and negative duty. She offers a careful consideration of these elements of liberal principles as they relate to affirmative obligation. Through an innovative analysis of the institutions of family and contract, Smith develops the idea of duties of membership as preferable to natural duties (to explain family obligation) and as needed to supplement contractual duties (to explain professional obligation). This idea is then applied to the problem of justifying political obligation. She argues that membership obligations, implied in cooperative endeavor, must supplement obligations of consent that are central to liberal theory. This is deftly illustrated through a state of nature theory that includes community membership, eliminating atomistic individualism while maintaining consonance with what Smith calls cooperative individualism. The resulting view of liberal individualism is consistent, complete, and capable of handling long-standing liberal institutions, while taking seriously the demands of affirmative obligations. Smiths clear articulation of a liberal view of affirmative obligation finds a middle ground on this polarized topic, with compelling and reasoned implications for liberal political philosophy. Her discussion will interest students and scholars of legal and political philosophy and political science. |
Contents
| 3 | |
Clarifying General Positive Duty | 25 |
Special Positive Duty and Natural Relations | 75 |
Special Positive Duty and Contractual Relations | 129 |
Political Obligation as Special Positive Duty | 171 |
Motivating Cooperative Individualism or Why a Liberal Individualist Should Accept Collective Solutions to Largescale Affirmative Obligations | 226 |
Notes | 231 |
| 247 | |
| 256 | |
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affirmative obligations agreement argued argument autonomy bad Samaritan basic chapter choice circumstances claim classical liberal clear communal membership community expectations compatible considered construed context contract law contractual obligation defined duties of charity duties of justice duty to rescue economic emergency enforcement example fact fair family obligation foundation freedom H. L. A. Hart harm human idea individualist institution interaction Joel Feinberg John Rawls justified least liberal commitment liberal theory liberal tradition libertarian living ment minimal moral community mutual reliance nature negative duties negative rights nomic noninterference parental obligation particular perfect duty person political obligation positive and negative practice presumption principle problem promises question reasonable reciprocity recognized relations rely requirements of justice rescuer responsibility restriction role significant simply social contract social contract theory society someone special positive duties standard suggest suppose tion tive trust undermine victim vidual violation
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Page 3 - Whatsoever therefore is consequent to a time of war, where every man is enemy to every man ; the same is consequent to the time, wherein men live without other security, than what their own strength, and their own invention shall furnish them withal.
Page 3 - In such condition there is no place for industry, because the fruit thereof is uncertain, and consequently no culture of the earth; no navigation, nor use of the commodities that may be imported by sea; no commodious building; no instruments of moving and removing such things as require much force; no knowledge of the face of the earth; no account of time; no arts; no letters; no society; and, which is worst of all, continual fear and danger of violent death; and the life of man, solitary, poor,...
Page 3 - In such condition, there is no place for Industry; because the fruit thereof is uncertain: and consequently no Culture of the Earth, no Navigation, nor use of the commodities that may be imported by Sea; no commodious Building; no Instruments of moving, and removing such things as require much force ; no Knowledge of the face of the Earth; no account of Time; no Arts; no Letters; no Society; and which is worst of all, continuall feare, and danger of violent death; And the life of man, solitary, poore,...