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Unformatted text preview: SANDEL: A Harvard philosopher, Moral/Political Philosophy- Published at least 3 books, excerpt is from Democracies discontent published in 1996 Public philosophy: State should be neutral to our religious and moral values. The state should not encourage any kind of way to live; they should leave it up to people. They should create a framework of rights that respects people as free and independent (Sounds a bit like Mill). Since this version of liberal theory asserts priority of fair procedures, the public it informs should be named the procedural republic. State Neutrality: Means that governments shouldnt and legally cannot endorse or promote and particular view or vision of the good life. Ex. It cant prescribe that everyone should live like Catholics; it is for the individual to decide not the government. The state also cannot require the people to embrace a certain ideology. They cannot enforce or prohibit ideologies.- HE NOT SAYING THAT THE NEUTRAL STATES LAWS AND POLICIES SHOULD BE NEUTRAL AND HAVE NO IMPACT. Yoder vs. Wisconsin: Went to the Supreme Court. The state had a requirement that everyone had to attend school through high school. Mr. Yoder was Amish and did not want his kids to go to a secular public school. He was afraid the school would corrupt their children to the point were they might be tempted to leave the Amish life. It is a matter of religious survival for them because they felt their community would have eventually decreased. The Wisconsin courts ruled in favor of the states and then the Supreme Court overturned it and ruled in favor of Yoder. They said religious freedom is guaranteed by the constitution and this law threatened their religious freedom. - Are there neutral grounds to this law? - Non neutral: Everyone has to go to school because if they dont, they wont be responsible citizens- Non neutral: The state wants a skilled workforce, these are substantive goals According to Sandel you need a neutral justification, one example: Without schooling you cannot live as free and independent selves in modern society. It also gives the chance for equal opportunity....
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This note was uploaded on 05/31/2011 for the course PHIL 330 taught by Professor Sabia during the Fall '10 term at South Carolina.
- Fall '10