The Difficulty of Tolerance: Essays in Political Philosophy

By T. M. Scanlon | Go to book overview

Index
Abrams v. United States, 250 U.S. 616 (1919), 6
academic freedom, 51–2, 157–8
Ackerman, Bruce, 42
Amdur, Robert, 96n14
Atiyah, P. S., 248n16, 253, 268; on promissory liability, 260, 261–2
autonomy: role in Millian Principle, 2, 14–18, 20, 24, 97–9, 161–3; and legitimacy of government authority, 14–15, 17–19, 24, 95; and preferences, 30; as ability to exercise independent rational judgment, 97–8; and content regulation, 161–3; in preference utilitarianism, 172
average utility, principle of, 71, 131, 142–5
Baier, Kurt, 32n6, 78n5
balancing, 7, 21–2, 35, 65–9, 98, 152–3, 160; aggregative vs. personal, 65–8; objective basis for, 67–8; as domain of legislature, 67
Barnett, R. E., 250n18
Bates v. State Bar of Arizona, 433 U.S. 350 (1977), 104n26
Beitz, Charles, 123n3
Benson, Peter, 234, 243n9
Bok, Sissela, 169
Brandt, Richard, 36n7, 78n5, 128n4, 150n28, 171n3; on well-being, 177–8, 180
Brouwer, L. E. J., 126, 130
Buckley v. Valeo, 424 U.S. 1 (1976), 103n25, 166n16
campaign finance law, 103–4
Chafee, Z., 48n4
Cohen, Joshua, 187
Cohen, Marshall, 84, 124
Coleman, J., 258n25 consensus: and criteria of well-being, 70, 76–7, 81–2; and freedom of expression, 87–8; and neutrality of rights, 113, 122; moral significance, 183, 184–5
consent, 5, 19, 226–9, 249–50
consequentialism, 3, 4, 81n8; as defense of freedom of expression, 6–7; as justification of rights, 26–7, 35–6; and determination of value, 27–32; and equality, 30–2, 35; and right to life, 39
content regulation, 151–68; problem of, 159–64; viewpoint-based regulation, 165–6; subject matter restrictions, 166–7
contracts, 56, 226–9, 234, 249–68; contrasted with promises, 234, 249; and reliance interest, 249–55, 260; specific performance and expectation damages, 253, 256, 257, 259–60; basis for enforcement in absence of reliance, 253–6, 258–62; and coercion, 255; role of consideration, 257; value of assurance, 258–9, 261
contractualism, 3–4, 124–50, 176–9, 181–6; and moral motivation, 125, 127–8, 130, 132–3, 138–41, 149–50, 182, 184–5; reasonable agreement, 132–4, 138–9, 149, 182–4, 185, 198, 237–8; and well-being, 135–6, 140, 142, 181–6
Correa Sutil, Jorge, 224n10
Craswell, Richard, 234, 246n15, 254n23, 258n24, 263n33
Curtis Publishing Co. v. Butts, 388 U.S. 130 (1967), 102n22
Daniels, Norman, 128n3
De George, Richard, 216n13
desire theories, 169–86; and well-being, 170, 171–6, 176–81; actual vs. informed desires, 171–2, 173, 175; and principle of preference autonomy, 172
Devlin, Patrick, 106n28
distributive justice, 30–1; and access to means of expression, 22–3; see also fairness, equality, rights
due process, 42–69; and conditions of institutional legitimacy, 43–5, 62; three kinds of due process decisions, 49–50; substantive

-270-

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The Difficulty of Tolerance: Essays in Political Philosophy
Table of contents

Table of contents

  • Title Page iii
  • Contents vii
  • Acknowledgments viii
  • Introduction 1
  • 1 - A Theory of Freedom of Expression 6
  • 2 - Rights, Goals, and Fairness 26
  • 3 - Due Process 42
  • 4 - Preference and Urgency 70
  • 5 - Freedom of Expression and Categories of Expression 84
  • 6 - Human Rights as a Neutral Concern 113
  • 7 - Contractualism and Utilitarianism 124
  • 8 - Content Regulation Reconsidered 151
  • 9 - Value, Desire, and Quality of Life 169
  • 10 - The Difficulty of Tolerance 187
  • 11 - The Diversity of Objections to Inequality 202
  • 12 - Punishment and the Rule of Law 219
  • 13 - Promises and Contracts 234
  • Index 270
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