Differences, inequalities and the politics of law

The course will focus on liberalism as a political theory, considering the extent to which it can provide useful insights into social justice issues concerning the protection of differences and the regulation of inequalities.
Liberalism can be understood in two ways: as either a theory of constitutional rights or a theory of political justice. As a theory of constitutional rights, liberalism identifies a set of fundamental rights that political authorities must respect and guarantee. In democratic societies, these rights impose limits on the powers of the majority and establish a framework within which different political actors with different conceptions of political justice can compete for power. Understood as a theory of political justice, liberalism specifies certain principles of justice that should guide the exercise of political authority within a liberal constitutional framework. As a theory of political justice, liberalism is just one competing theory, alongside others that are equally consistent with respect for liberal rights.
The course is divided into two parts. The first part will focus on liberal rights as protections of liberty. It will examine the basis of these rights, their constitutional guarantees (including judicial review of legislation), and the circumstances in which they can be restricted. Specific rights will be discussed in individual lectures. The question of whether liberal rights should be considered human rights and the implications of this will also be addressed. The second part will discuss liberalism as a theory of political justice. Having considered its distinctive principles, it will address some intrinsic features of liberalism that prevent it from responding to certain demands for social justice. In search of a solution to this impasse, the course will consider humanism - of which many forms of socialism are examples - as an alternative to liberalism.
The course will address the following topics:

Unit 1: Liberal Rights

- Liberalism as a theory of constitutional rights
- Liberal rights as and their foundation
- Liberal rights, judicial review and democracy
- Liberal liberty-limiting principles
- Liberal rights and human rights
- Liberty of conscience
- Liberty of expression
- Personal rights
- Property rights
- The rule of law and judicial guarantees

Unit 2: Liberal Justice

- Liberalism as a theory of political justice
- From liberal tolerance to liberal neutrality
- Liberal perfectionism and its limits
- Liberalism and economic justice (1): equal opportunity
- Liberalism and economic justice (2): meritocracy
- Liberalism and economic justice (3): distributive justice
- Liberalism and gender oppression
- Liberalism and structural injustice
- Humanism as an alternative to liberalism
- Social justice in the age of identity politics