Thomas Nagel

Liberalism of one kind or another is the dominant political tradition of Western culture; that is why it is under such constant attack. But while the conflicts between liberalism and various authoritarian, repressive, radical, romantic or theocratic alternatives produce a good deal of excitement on a world scale, a quieter and intellectually more demanding argument has gone on within the tradition concerning the best way to interpret liberalism, both theoretically and in application to concrete social and political problems. One of the most important issues in this debate is how liberalism justifies its distinctive toleration for multiple different and inconsistent forms of life and systems of value – its remarkable impartiality, in political terms, among diverse conceptions of the human good, and its commitment to allow individuals to seek their own salvation or self-realisation provided they do not interfere with the same freedom of others. Unlike those French secularists who forbid Muslim girls to wear head-scarves to school, true liberals are reluctant to interfere even with anti-liberal cultures in their midst. This is sometimes foolishly thought to depend on moral scepticism, but it doesn’t: the commitment to toleration, if it is not a mere compromise imposed by the balance of power, can be justified only by a strong moral conviction that it is right – otherwise why not suppress what we don’t like?’

On occasion we are faced with acute moral choices – whether to join the Resistance or stay at home and care for our widowed mother; whether to run off with Vronsky or remain with Karenin. But largely, morality shapes our lives in ways we don’t even think about, in fact it does so partly by excluding certain options from our thoughts. Most of us, for instance, wouldn’t even consider (a) threatening to expose a colleague’s adulterous affair to his wife unless he votes our way on a contested appointment or policy issue; (b) extracting some cash from the pocketbook of an interior decorator as she inspects our house, because we think she is overcharging us; (c) stealing a kidney for a friend who needs a transplant; (d) selling all we have and giving it to the poor. It isn’t that we weigh the pros and cons and determine that the cons outweigh the pros. These things are not on the menu of options among which we feel we must choose. Such exclusions, as well as restrictions on what may legitimately be taken into account in some decisions but not others (prohibitions against nepotism, for instance), typify the complexity of moral standards and suggest that an accurate account of morality and its role in life will not be simple.’

Contempirary biologists who write for the general public usually have more to impart than scientific information. They have lessons to teach us about how to think of ourselves and our relation to the universe. This is not surprising, since biology is pervaded by Darwin’s theory of evolution, and the significance of that theory for our self-understanding remains largely unassimilated.

This short, assertive and engaging book has a chip on its shoulder, hence the title. In the academic culture of legal theory that Waldron partly inhabits, legislatures come in for a lot of distrust or even contempt, by comparison with courts. Courts are widely thought to arrive at their results by reasoning, whereas legislatures are thought to operate by the crude clash of partisan interests. In the United States there is substantial support for the role of courts in guarding individual rights from the depredations of legislative majorities that would otherwise trample them underfoot: this is the famous institution of judicial review, whereby laws passed by Congress or the state legislatures can be struck down as unconstitutional if they violate certain individual rights – to personal freedom as in the case of abortion, or to equal treatment in the case of racial segregation. Britain, too, may soon acquire some version of this system, in the form of a Bill of Rights.

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