John Rawls and Philip Pettit agree about the idea that a liberal democracy depends on the idea that all citizens have equal liberties, rights, worth, and dignity. Therefore they also agree that social and legal arrangements that are incompatible with equal rights, equal liberties, and equal dignity are illegitimate. They disagree in some details about what all of this means — Pettit refers to liberty as “the absence of domination” (link), while Rawls emphasizes the liberty to pursue one’s conception of the good in the way he or she chooses (link). But the common ground between these leading advocates of liberal democracy is extensive. And each philosopher provides an unequivocal basis for rejecting mistreatment and discrimination based on race, ethnicity, or other social characteristics.
What is less clear is whether either of these philosophers has a place for the idea that an inclusive multicultural democracy — in Rousseau’s conception, a “free community of equals” — has a positive value for the whole of society, and whether enhancing this value is itself a legitimate function of a democratic state. These are separate questions, and it is possible that Rawls and Pettit would affirm the first but deny the second. Rawls’s view in A Theory of Justice and Political Liberalism is largely that the function of the state is (1) to establish and secure the system of law within which all citizens enjoy maximal, equal rights and liberties, and (2) to establish a legitimate majoritarian process through which policies and laws are enacted subject to the authority of the majority of citizens. Anything more extensive than this falls outside the scope of legitimate exercise of coercive authority, according to Rawls. His distinction between a “political conception of the good” and a “comprehensive conception of the good” is crucial for his view of the scope of the state’s authority: the former consists of the minimal commitments that all citizens share concerning the functions and limitations of the state and its legal system; whereas the latter consists of a fully developed set of ideas and values that individuals or groups may adopt for orienting their lives and activities, but concerning which the liberal state must remain neutral (link).
So, for example, the state cannot undertake on its own, without democratically enacted legislation, to ensure a beautiful natural environment, simply on a governmental judgement that “all of society is better off when the natural environment is maintained for public enjoyment”. For Rawls, this judgment falls within a “comprehensive conception of the good”, and cannot be taken as a function of government without majority-supported legislation. By contrast, the state is fully authorized to enact rules and procedures that guarantee free and unfettered elections, because the right to vote is a fundamental democratic right shared equally by all citizens and part of the “overlapping consensus” (the political conception of the good) required for any democracy.
We can raise this question from two related perspectives: the perspective of idealized political philosophy (abstract theorizing about what constitutes a good and well-ordered society and state) and the perspective of the minimum legal and constitutional requirements needed to ensure the equal liberties and rights of individual citizens (minimalist theory). The first is intended to articulate a vision for the future of social life within a democratic society, while the second perspective is intended to articulate the protections of rights and liberties that every legitimate state must embody.
Is there a basis in the “minimalist” version of the liberal democratic state that gives broad authority to government as well as private and public organizations to take positive measures to cultivate attitudes of racial acceptance and respect among their constituents? Can a liberal democratic state enact a set of arrangements through which citizens will learn the values of tolerance and compassion, and learn of the harmful effects of attitudes involving negative stereotypes about members of other groups? And if the answer is that government itself cannot undertake such measures, are private organizations and relatively autonomous public institutions free to do so when it comes to organizing the functioning, supervision, and training of an agency, a private workplace, or a university? Or does the minimalist perspective on political philosophy involve only restrictions on actions that harm others or reduce the freedoms of others, with no basis for undertaking to change how people think? Perhaps “cultivating mutual tolerance, interest, and respect” is itself a value about which reasonable people may differ.
We might imagine, for example, a “liberal cultural separatist” who fully endorses and respects the equal civil and legal rights of member of other groups, and this person condemns discrimination against individuals based on their particular characteristics. However, this person prefers to associate with members of his/her own group and believes that others should do so as well. “Separation of groups is best for the social order,” according to this version of the good society. If so, then according to Rawls the goal of “building a tolerant and inter-connected society” belongs to a “comprehensive conception of the good”, and the state must remain neutral about this value. Citizens are entirely free to form their own associations and advocacy groups around these values, but the state must not take a side.
To put the point somewhat differently, are the ideas of tolerance, compassion, and respect simply specific visions of inter-group relations, to be debated alongside a number of competing views as “comprehensive conceptions of the good” — with the implication that this particular vision cannot be enforced through state mandates? A traditional liberal like John Stuart Mill (and perhaps Rawls as well) might argue that if the values of a tolerant and respectful society make up a compelling idea, then advocates should be able to persuade a majority of citizens to agree. In that case these programs can be democratically enacted through enabling legislation. But if the idea remains “visionary and confined to a small minority” then the state cannot use its coercive power to enact policies based on this vision of a more tolerant society.
On this line of thought the answer to the question is not much different from the formulation offered by J.S. Mill: liberalism is committed to individual freedoms, including freedom of speech and association, and these commitments are fundamental. So the legal system must give substantial deference to the opinions, statements, and programs of individuals, and much of the same deference is due to private and public institutions as well. The task of struggling for anti-racism, toleration, mutual respect, and communication across major racial and ethnic divisions is to be left to private associations rather than to state legislative authority.
On this view of a liberal society, individuals and their free associations have the right to advocate for an inclusive multicultural democracy, and for the steps needed to create such a world. What about other organizations? Is it legitimate for businesses, public school systems, colleges and universities, and labor unions to adopt similar resolutions? Is it legitimate for these organizations within civil society to enact procedures and requirements within their scope that are designed to influence the thinking and behavior of the individuals who make up those organizations? Do private organizations like businesses, private universities, and non-profit organizations have a zone of autonomy that permits them to undertake “pro-inclusiveness” policies, procedures, and training regimes? And what about organizations owned or directed by the “liberal cultural separatists” considered above — do they too have autonomy to enact processes that further embed prejudice and stereotype?
What seems to be lacking within liberalism, both traditional and contemporary, is a way of coping with “imperfect justice” and the fact that the current generation of society may embody ways of thinking, stereotypes, and prejudices that serve to reproduce racist, sexist, or religious discrimination in the next generation. (Charles Mills explores these ideas in The Racial Contract and Black Rights/White Wrongs: The Critique of Racial Liberalism.) However, to go beyond racism, it seems clear that a process of moral transformation is needed. Children, young people, and adults need to come to understand the history of racist thinking and action in our country and to recognize the value of respecting the equality and dignity of members of other groups.
The assault on “Diversity, Equity, and Inclusion” programs in universities, corporations, and government departments currently underway (link) seems to reflect a status quo mentality when it comes to racial prejudice and stereotype: “we are who we are, and there is no need for change”. More bluntly, it reflects an ideology of white supremacy. But as Dr. Martin Luther King Jr. expressed so vividly, racial equality and justice will only come to pass when the people of our nation have undertaken the hard work of confronting the realities and persistence of racism. Personal transformation is a necessary step on the way to human equality.
These reflections suggest that liberal theories of justice like those offered by Pettit and Rawls need to be supplemented by two things: (1) A clear and developed elaboration of the value of a pluralistic multicultural democracy based on real equality and respect across groups. Such an account will demonstrate both the value of such a society and its connection to profound ideas about liberty, equality, and humanity. (2) A clear account of the extended processes of learning that will be needed to get from here to there. Such an account will incorporate a realistic appraisal of the ways in which persistent racial attitudes and habits inform the next generation’s social environment as well, and it will provide some ideas about how to accomplish these transformations at multiple levels. Achieving racial justice, and ending antagonism and mistrust across groups in society, requires good laws, but it also requires sustained processes of personal transformation for citizens of all ages.