The Best Version of Liberal Neutrality
Here I outline a version of liberal neutrality I find philosophically attractive. My approach begins by focusing on the moral considerations that lead us to care about neutrality, rather than analyzing the concept of neutrality as an ideal in itself. I then generate a principle of political justification that has those good-making features we want from a principle of neutrality. I think we will see that the principle is morally attractive.
I. Why Care About Neutrality?
Most contemporary liberals care about preventing government from promoting a particular conception of the good (and in some cases, a conception of the right) because they affirm four general claims: (i) persons have a dignity that merits respect, (ii) persons are naturally free and equal, (iii) persons have reasons for action determined by their deep commitments and values, and (iv) these reasons can systematically and reasonably diverge.
I’ve explored a number of these ideas elsewhere. I’ve explored (iv), namely the idea of reasonable pluralism, here and here. I’ve explored the meanings of (ii) and (iii) here. Claim (i) is a pretty obvious platitude.
Summing up, here’s the basic moral idea behind neutrality. The foremost moral imperative is to treat persons with respect, as ends in themselves. If persons are naturally free and equal, in the sense that no person is naturally the servant of another, such that they have equal moral authority, then to respect them is to recognize their moral authority by not compelling them to act against their own best reasoning.
What are persons’ reasons? The liberal tradition has generally allowed that persons have very different reasons for action due to their differing valuing and beliefs. We don’t determine persons’ reasons for action apart from their most deeply held commitments. Thus, the reasons relevant to the justification of coercion are in some sense internal or psychologically accessible. They have their ground in persons’ actual motivations and commitments.
Finally, and due in part to reasonable pluralism, their affirmed reasons will systematically and broadly diverge. Therefore, if we are to respect persons, we can only coerce them when they have sufficient reason, from their own perspective, to comply with the law or policy on which the coercion is based.
So we care about neutrality because we care about respecting naturally free and equal persons who invariably have diverse reasons for action, which in turn requires that we only coerce them if they have sufficient reason of their own to comply. Otherwise we fail to treat persons as free and equal.
Yes, I’ve just equated the idea of public justification with liberal neutrality (find a well-known attempt here) but that’s because I think the idea of public justification provides the most attractive explanation of why we care about neutrality and a clear method of applying neutrality to institutions.
II. Setting Limits on Neutrality
So, given the foregoing, we can say that a nation-state is neutral in the public reason liberal sense when it employs only publicly justified coercion. Policies are neutral when they are justified to a wide range of evaluative perspectives. Laws need not be neutral in having equal effects or outcomes or taking no position on the substantive good. Instead, this ideal of liberal neutrality permits the state to promote goods that all persons reasonably agree are goods. That means we can promote the common good in ways that respect all as persons if the pursuit of the common good is constrained by what is publicly justified.
We do not have to be “neutral” between, say, publicly justified and publicly unjustified laws. Nor need the content of these laws necessarily treat all persons in the same way.
Determining what is justified to persons is not always an easy matter, however. There are well known problems with determining what most peoples believes, since the data that varies based on how questions are framed. Similarly, it is hard to determine from present social practices whether minorities have sufficient reason to endorse those practices, since they may be afraid to voice dissent.
In my view, evaluation via public reason should follow the complaint. When conflicts arise, and people start to complain, we should turn our gaze to their objections and scrutinize them. If we perceive that they have a strong, epistemically justified objection to a law or policy, we can conclude that they have a defeater for the law. Accordingly, we are obligated to reform or revoke the law if we care about treating others as free and equal (as we should).
III. Substitute Neutrality with Public Justification
Political neutrality is a vexed idea, so in my work, as noted, I just use a related idea of public justification, which I think has the attractions of neutrality with far fewer weaknesses. It also gives us a more precise method of determining which regimes are neutral in this more refined sense; I argue that liberal democratic welfare-state capitalism is uniquely neutral in large, diverse societies in Must Politics Be War?, but I have a detailed defense of the basis and content of public justification requirements that I like to think advances the literature, as well as Rawls and Gaus’s contributions to it.