
Liberalism and Affirmative Obligation.
Title:
Liberalism and Affirmative Obligation.
Author:
Smith, Patricia.
ISBN:
9780195354041
Personal Author:
Physical Description:
1 online resource (273 pages)
Contents:
Contents -- 1. Positive and Negative Duty in the Liberal Tradition: An Overview -- 1. Minimal Morality and the Dark Side of Human Nature -- 2. The Traditional Doctrine of Positive and Negative Duty -- 3. Four Contemporary Challenges -- 4. General Positive Duty: The Scope of Charity -- 5. Special Positive Duty: An Ignored Moral Category -- Part I: Clarifying General Positive Duty -- 2. Special Circumstances and the Bad Samaritan Exception -- 1. On Clear Cases and Perfect Duties -- 2. Rights and Duties of Justice -- 3. Duties of Justice and Duties of Benevolence -- 4. Reconsidering Rights and Duties of Justice -- 5. Causing Harm and Failing to Prevent It -- 6. Commitment to Freedom and the Limits of Individualism -- 3. The Duty of Charity and the Equivalence Thesis -- 1. Preventing Serious Harm With Minimal Cost -- 2. Being Selected By Circumstances -- 3. Individual Duties and Multiple Parties -- 4. Emergencies, Disasters, and Chronic Conditions -- 5. World Hunger and Individual Obligation -- Part II: Special Positive Duty and Natural Relations -- 4. Family Obligations and the Implications of Membership -- 1. On Membership -- 2. Reflexive Identity, Socialization, and Voluntariness: A Look at Parental Obligation -- 3. Communal Tasks and Institutional Justification: Some Thoughts on Filial Obligation -- 4. Community Expectation and the Function of Role: Spousal Obligations and Marital Contracts -- 5. Family Membership and Reciprocity -- 1. Obligation to Family as Such -- 2. Justifying Family Obligation -- 3. Some Preliminary Conclusions: Justice as Reciprocity and Liberal Obligations of Membership -- Part III: Special Positive Duty and Contractual Relations -- 6. The Complexity of Consent in Legal Theory and Practice -- 1. Contract Theory and Legal Practice: Doctrine and Debate -- 2. The Will Theory and Its Critics: Evaluating Consent.
3. Recent Debate: On Consent and Reliance -- 7. Consent and Role in Professional Obligation -- 1. Justifying Professional Obligations: Consent or Reliance? -- 2. Professional Membership and Professional Obligation -- 3. Professional Dilemmas and the Priority of Negative Duty -- 4. Explicating Reciprocal Duties: Two Forms of Trust -- Part IV: Political Obligation as Special Positive Duty -- 8. Justifying the Obligations of Neighbors and Citizens -- 1. Positive Duties and Liberal Justification: A Social State of Nature -- 2. Informal Associations and Communal Obligations: The Demands of Reciprocity -- 3. Formal Association and Duties of Citizens: Justifying Political Obligation -- 9. Articulating the Scope of Political Obligation -- 1. Acknowledging Membership/Socializing Individualism: Collective Responsibility and Economic Exclusion -- 2. Moral Integrity and Cooperative Individualism: Fragmented Values and the Moral Community -- 3. Liberalism, Affirmative Obligation and Moral Unity: A New Image for the Twenty-First Century -- Epilogue: Motivating Cooperative Individualism, or Why a Liberal Individualist Should Accept Collective Solutions to Large-scale Affirmative Obligations -- Notes -- Bibliography -- Index -- A -- B -- C -- D -- E -- F -- G -- H -- I -- J -- K -- L -- M -- N -- O -- P -- R -- S -- T -- U -- W.
Abstract:
The 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.
Local Note:
Electronic reproduction. Ann Arbor, Michigan : ProQuest Ebook Central, 2017. Available via World Wide Web. Access may be limited to ProQuest Ebook Central affiliated libraries.
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Electronic Access:
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