Norms Of Liberty

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Author: Douglas B. Rasmussen

ISBN-10: 0271027010

ISBN-13: 9780271027012

Category: Legal Theory & Philosophy - General & Miscellaneous

How can we establish a political/legal order that in principle does not require the human flourishing of any person or group to be given structured preference over that of any other? Addressing this question as the central problem of political philosophy, Norms of Liberty offers a new conceptual foundation for political liberalism that takes protecting liberty, understood in terms of individual negative rights, as the primary aim of the political/legal order.

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How can we establish a political/legal order that in principle does not require the human flourishing of any person or group to be given structured preference over that of any other? Addressing this question as the central problem of political philosophy, Norms of Liberty offers a new conceptual foundation for political liberalism that takes protecting liberty, understood in terms of individual negative rights, as the primary aim of the political/legal order. Rasmussen and Den Uyl argue for construing individual rights as metanormative principles, directly tied to politics, that are used to establish the political/ legal conditions under which full moral conduct can take place. These they distinguish from normative principles, used to provide guidance for moral conduct within the ambit of normative ethics. This crucial distinction allows them to develop liberalism as a metanormative theory, not a guide for moral conduct. The moral universe need not be minimized or morality grounded in sentiment or contracts to support liberalism, they show. Rather, liberalism can be supported, and many of its internal tensions avoided, with an ethical framework of Aristotelian inspiration-one that understands human flourishing to be an objective, inclusive, individualized, agent-relative, social, and self-directed activity.

1Liberalism in crisis52Liberalism and ethics183Liberalism's past and precedents424Why individual rights? Rights as metanormative principles765The natural right to private property976Individualistic perfectionism1117Defending individualistic perfectionism1538Natural law and the common good1849Self-ownership20610Communitarian and conservative critics22511The structure of the argument for individual rights26512Defending individualistic non-perfectionist politics284Epilogue : from metanorms to metaphysics340