Liberal political theory is all too familiar with the divide between classical and welfare-state liberals. Classical liberals, as we all know, insist on the importance of small government, negative liberty, and private property. Welfare-state liberals, on the other hand, although they too stress civil rights, tend to be sympathetic to “positive liberty,” are for a much more expansive government, and are often ambivalent about private property. Although I do not go so far as to entirely deny the usefulness of this familiar distinction, I think in many ways it is misleading. In an important sense, most free-market liberals are also “welfare-state” liberals. I say this because the overwhelming number of liberals, of both the pro-market and the pro-government variety, entertain a welfarist conception of political economy. On this dominant welfarist view, the ultimate justification of the politico-economic order is that it promotes human welfare. Traditional “welfare-state liberals” such as Robert E. Goodin manifestly adopt this welfarist conception. But it is certainly not only interventionists such as Goodin who insist that advancing welfare is the overriding goal of normative political economy. J. R. McCulloch, one of the great nineteenth-century laissez-faire political economists, was adamant that “freedom is not, as some appear to think, the end of government: the advancement of public prosperity and happiness is its end.” To be sure, McCulloch would have disagreed with Goodin about the optimal welfare-maximizing economic policy: the welfarist ideal, he and his fellow classical political economists believed, would best be advanced by provision of a legal and institutional framework — most importantly, the laws of property, contract, and the criminal code — that allows individuals to pursue their own interests in the market and, by so doing, promote public welfare. In general, what might be called the “classical-liberal welfare state” claims to advance welfare by providing the framework for individuals to seek wealth for themselves, while welfarists such as Goodin insist that a market order is seriously flawed as a mechanism for advancing human welfare and, in addition, that government has the competency to “correct market failures” in the provision of welfare.

According to one long-standing tradition, the organizing question of ethics is “What are we morally obligated to do?” However, many philosophers, inspired by an even older tradition, now urge a return to the question “What kind of person is it best to be?” According to these philosophers, the proper locus of evaluation is character rather than action, and the basic evaluative concept is virtue rather than duty. Following what has become common usage, I shall refer to the first approach as “duty ethics” and to the second as “virtue ethics.”

If I lead a life of virtue, that may well be good for you. But will it also be good for me? The idea that it will—or even must—is an ancient one, and its appeal runs deep. For if this idea is correct then we can provide everyone with a good reason—arguably the best reason—for being virtuous. However, for all the effort which has been invested in defending the idea, by some of the best minds in the history of philosophy, it remains unproven. Worse, in this skeptical age hardly anyone really believes it. I don't really believe it either, at least not in its strongest forms, but I think that the question is nonetheless worth examining. Even if we cannot show that virtue and self-interest coincide, we can at least measure the breadth of the gap between them.

Liberals have often been attracted by contractarian modes of argument— and with good reason. Any system of social organization requires that some constraints be imposed on individuals' freedom of action; it is a central problem for any liberal political theory to show which constraints can be justified, and which cannot. A contractarian justification works by showing that the constraints in question can be understood as if they were the product of an agreement, voluntarily entered into by every member of society. Thus, no one is required to give up his freedom for someone else's benefit, or in the pursuit of someone else's conception of the social good.

The primary purpose of this essay is to offer a critique of a particular program within moral and political philosophy. This program can be stated quite succinctly. It is to account for agents' being subject to deontic restrictions on the basis of their possession of agent-relative reasons for acting in accordance with those restrictions. Needless to say, the statement of this program requires some further explication. Specifically, two claims require explanation: (1) the reasons individuals have for or against engaging in particular actions are, at least to a very significant extent, agent-relative rather than agent-neutral; and (2) agents' conduct toward others is subject to deontic restrictions. Finally, (3) I need to explain why an agent's possession of agent-relative reasons for performing or refraining from certain actions may be thought to explain that agent's being subject to certain deontic restrictions.

The two most important and central concepts in ancient ethical theory are those of virtue (aretē) and happiness (eudaimonia). This is well-known by now, as is the way that many scholars and philosophers have in recent years investigated the structure of ancient ethical theories, at least partly in the hope that this would help us in our modern ethical thinking by introducing us to developed theories which escape the problems that have led to so much frustration with deontological and consequentialist approaches. And there has indeed been considerable interest in developing modern forms of ethics which draw inspiration, to a greater or lesser extent, from the ancient theories. However, there is an asymmetry here. Modern theories which take their inspiration from Aristotle and other ancient theorists are standardly called virtue ethics, not happiness ethics. We have rediscovered the appeal of aretē, but eudaimonia is still, it appears, problematic for us. This has an important consequence for us, for in ancient theories virtue is not discussed in isolation; it is seen as part of a larger structure in which the overarching concept is happiness. If we focus on virtue alone and ignore its relation to happiness, we are missing a large part of the interest that study of the ancient theories can offer.

My aim is to map some ethical ground. Many people who reject consequentialism and deontology adopt virtue ethics. Contemporary forms of virtue ethics occupy quite a variety of positions (as did ancient forms), and we do not yet have any satisfactory view of the whole territory that we call “virtue ethics.” Also, I think that there is a lot of logical space outside consequentialism and deontology not occupied by virtue ethics. In fact, I am myself rather more attracted to the environs of virtue ethics than to virtue ethics itself, which particular environs I shall come to later. But, first, we have roughly to locate virtue ethics.

Socialism is dead, though many of its academic proponents take no notice of its demise. With its death, private property in the means of production is not generally in dispute, and the action in political philosophy centers on the justification of the welfare state. The heart of the welfare state is social insurance programs, such as government managed and subsidized health insurance, retirement pensions, and unemployment insurance. The arguments about health insurance will arguably be among the most ferocious, difficult, and important of the welfare-state debates: Ferocious, because proposals to alter government managed or subsidized health care strike at people's fears and concerns in a way matched by few other proposals. Difficult, because people can often not even conceive of a (genuine) market alternative to the status quo in health insurance, and there is no real existing alternative to hold up as a model. Important, because if an intellectually solid case for market health insurance can be established, then supporters of the welfare state should be on the defensive, since social health insurance is an institution central to their vision of the just or good society.

This essay is about the moral and political justification of affirmative action programs in the United States. Both legally and politically, many of these programs are under attack, though they remain ubiquitous. The concern of this essay, however, is not with what the law says but with what it should say. The main argument advanced in this essay concludes that most of the controversial affirmative action programs are unjustified. It proceeds in a way that avoids dependence on controversial theories of justice or morality. My intention is to produce an argument that is persuasive across a broad ideological spectrum, extending even to those who believe that justice requires these very programs. Though the main focus of the essay is on affirmative action, in the course of making the case that these programs are illegitimate, I shall defend some principles about the conditions under which it is appropriate for the state to impose on civil society the demands of justice. These principles have broader implications for a normative theory of social change in democratic societies.

Pride has been denounced as one of the seven deadly sins and praised as the crown of the virtues. Perhaps because of the difficulty of navigating between these appraisals, pride has not been paid very much attention by ethicists. Moreover, pride is so familiar as a feeling that the suggestion that it could be a virtue may seem misplaced.

The connection between property rights and free-speech rights has most often surfaced in conflicts between the two. In his classic formulation of the problem, journalist A. J. Liebling mocked the First Amendment's free-press clause by noting that ownership of a printing press was required in order to actually enjoy the constitutional protection. In an important case decided in 1980, Pruneyard Shopping Center v. Robins, the U.S. Supreme Court ruled that a group wishing to circulate political petitions at a shopping center had a constitutional right to do so. There the Court found that such governmentally enforced access to private property did “not amount to an unconstitutional infringement of [the shopping center owners'] property rights under the Taking Clause of the Fifth Amendment….”

I would like to defend a conception of life that many of us in philosophy practice but few of us preach, and with it a set of virtues that have often been ignored in ethics. In short, I would like to defend what philosopher Sam Keen, among many others, has called the passionate life. It is neither exotic nor unfamiliar. It is a life defined by emotions, by impassioned engagement and belief, by one or more quests, grand projects, embracing affections. It is also sometimes characterized (for example, by Johann Wolfgang von Goethe in Faust, by Søren Kierkegaard and Friedrich Nietzsche) in terms of frenzy, vaulting ambition, essentially insatiable goals, impossible affections. I want to contrast this conception of life with ordinary morality and “being a good person,” although for obvious reasons I do not want to say that one must give up the latter in pursuing the former. This is a mistake that Nietzsche often suggests with his “immor-alist” posturing and warrior metaphors, but I am convinced—on a solid textual basis—that he intended no such result. Nor do I want to dogmatically assert any superiority of a passionate, engaged life over a life that is more calm and routine (“bourgeois” in the standard cant of Bohemian rebellion). On the other hand, I do want to raise the question whether mere proper living, obedience to the law, utilitarian “rational choice” calculations, respect for others' rights and for contracts, and a bit of self-righteousness is all there is to a good life, even if one “fills in” the nonmoral spaces with permissible pleasures and accomplishments. Even a greatly enriched version of Kant, in other words, such as that recently defended by Barbara Herman, unfairly denigrates a kind of life that many of us deem desirable.

For one with libertarian sympathies, the official regulation of foods and drugs is presumptively a bad thing. One is most accustomed to seeing the argument in debates about legalizing marijuana and other hedonic drugs. And it remains a very good if by now well-trafficked question, which will be more well-trafficked still by the time this essay ends, why government should be in the business of telling people what sorts of chemical moodenhancers they may take. But as the criminologist James Jacobs has pointed out, to ask this question is to put in play matters far larger and more important than marijuana. What business is it of government to say what medicines may be sold and by whom they may be sold? Why should certain chemical agents be available to willing buyers only with a doctor's scrip, and other agents, such as unproved drugs or devices, forbidden to all, even with medical permission? If libertarians answer these questions impatiently, then admirers of the administrative welfare state (“statists”) will be happy to play rope-a-dope with them, chattering on about the endearing eccentricities of libertarians' assumptions and avoiding the challenge to articulate and defend their own increasingly shabby-looking principles. Those principles are much in need of defense. Food and drug laws are among the most well-established offices of regulatory government. They are complicated, hypertechnical, mysterious, and expensive to administer and maintain. One is entitled to suspect that a number of them are carried on more out of habit and routine than out of any authentic conviction that they are the best way, or among the better ways, to provide for the welfare of citizens.

When we think about Kantian virtue, what often comes to mind is the notion of respect. Respect is due to all persons merely in virtue of their status as rational agents. Indeed, on the Kantian view, specific virtues, such as duties of beneficence, gratitude, or self-perfection, are so many ways of respecting persons as free rational agents. To preserve and promote rational agency, to protect individuals from threats against rational agency, i.e., to respect persons, is at the core of virtue. No doubt, part of the appeal of the Kantian notion of respect is that it offers an intuitive way of talking about the wrongness of manipulation and coercion, and in general, the wrongness of unfairly taking advantage of another. For to respect persons is to take seriously their status as persons, and to forswear, at some level, actions and attitudes that would compromise their dignity. Talking about respect has become shorthand for signaling deontological concerns. More formally, within recent Kantian exegesis, respect is viewed as yielding a more accessible and less contrived account of the Categorical Imperative than the more traditional criterion of universalizability and the contradictions tests applied to it. Within the Kantianinspired political theory of John Rawls, respect is also a core notion, representing a pervasive good, the bases of which, just states have an obligation to distribute to their members. Yet, for all its appeal, respect is an odd feature of Kantian ethics. For it is an emotion in a theory that prides itself in grounding morality in principles of reason alone. In this essay, I draw attention to the importance of respect in Kant's account in order to show just how he makes room for the emotions. Indeed, I shall argue that on Kant's account of full moral agency, we are emotional as well as rational creatures. Although Kant often portrays respect as an abstract emotional attitude mysteriously connected to our rationality, I argue that on a suitable revision, respect can be transformed into a more concrete attitude, cultivated and expressed alongside other emotions requisite for full virtue.

A democratic society cannot flourish if its citizens merely pursue their own narrow interests. If it is to do more than survive, at least a substantial proportion of its citizens must fulfill responsibilities that go beyond simply avoiding the violation of others' rights and occasionally casting a vote. The vitality and success of a democracy requires that many citizens — ideally all of them — contribute something to their communities and participate responsibly in the political process. The disposition to do these things is a large part of what constitutes civic virtue. But that virtue encompasses considerably more. My task here is to explore civic virtue. I first outline a conception of virtue in general and, with that set out, pursue the question of what makes a virtue civic. My special concern is to articulate what constitutes civic virtue in relation to an enduring problem for democratic societies and especially for the pluralistic democracies of the Western world: how to determine what constitutes a proper relation between religion and politics and, in the lives of religious citizens having civic virtue, an appropriate balance between religious and secular considerations.

Profit is a concept that both causes and manifests deep conflict and division. It is not merely that people disagree over whether it is good or bad. The very meaning of the concept and its role in competing theories necessitates the deepest possible disagreement; people cannot agree on what profit is. Still, simply learning the starkly different sentiments expressed about profit gives us some feel for the depth of the conflict. Friends of capitalism have praised profit as central to the achievement of prosperity and to civilized modern life. Calvin Coolidge, that silent sentinel of American business, said, “Profit and civilization go hand in hand.” F. A. Hayek tells us that

in the evolution of the structure of human activities, profitability works as a signal that guides selection towards what makes man more fruitful; only what is more profitable will, as a rule, nourish more people, for it sacrifices less than it adds.

For classical liberals, natural property rights are the moral foundation of the market and of individual freedom. They determine the initial position from which persons legitimately make contracts and assess the validity of collective action. Since they establish the initial conditions of legitimate agreements, they cannot be dependent upon agreements. Persons possess these rights apart from social institutions. Natural rights typically not only prohibit interference with a person's body and mind but also forbid interference with a person's appropriation of unowned natural resources and with his freedom to do as he chooses with the products that he makes from them, so long as he does not infringe upon the equal rights of others. These rights prescribe, as Locke put it, that persons be free “to order their Actions, and dispose of their Possessions, and Persons as they think fit … without asking leave, or depending upon the Will of any other Man”.

Carol Gilligan's In a Different Voice, which appeared in 1982, argued that men tend to conceive morality in terms of rights, justice, and autonomy, whereas women more frequently think in terms of caring, responsibility, and interrelation with others. At about the same time, Nel Noddings in Caring: A Feminine Approach to Ethics and Moral Education sought to articulate and defend in its own right a “feminine” morality centered specifically around the ideal of caring (for people one knows). Since then, there has been a heated debate about the reality of the distinction Gilligan drew and about its potential implications for ethical theory. Discussions of the morality of caring have questioned, in particular, whether any such morality can really provide a total framework for moral thought and action. For in order to deal with our obligations to people we are not acquainted with and address large-scale issues of social morality, any morality of caring seems to require supplementation by typically “masculine” thinking in terms of rights and justice, with the result that caring turns out to be but one part of morality, rather than anything women, or more enlightened men, could find attractive as a total and self-sufficient way of approaching ethical issues.

Libertarianism needs a theory of class.

This claim may meet with resistance among some libertarians. A few will say: “The analysis of society in terms of classes and class struggles is a specifically Marxist approach, resting on assumptions that libertarians reject. Why should we care about class?” A greater number will say: “We recognize that class theory is important, but libertarianism doesn't need such a theory, because it already has a perfectly good one.”

Is it possible for a person to understand that what he proposes to do is morally wrong and yet prefer to do it nonetheless? I shall argue that wickedness consists in a defect of character that results in one's often having just such preferences. Yet many philosophers think that wickedness so conceived is impossible, because, for them, having such a preference is incompatible with believing, or at least knowing, that the act would be wrong.