A synthesis: Rights and responsibilities

Responsive communitarianism may be considered a synthesis of both liberal and academic-communitarian concerns. Sandel and Taylor in effect held that many forms of philosophical liberalism, especially libertarianism, overemphasize autonomy and rights at the expense of the common good. However, in doing so, they were less than clear about the standing of individual rights, including human rights. Indeed, Alasdair MacIntyre asserted that rights were merely figments of the imagination, like unicorns. Responsive communitarians attempted to bridge this divide. In their platform and in their academic works, they posited that all societies must heed the moral claims of two core values, the common good and autonomy and rights. They also held that, because actual societies tend to tilt toward one core value or the other, they need to be pulled back toward the centre. Thus Japan, in their view, was strongly dedicated to the common good but insufficiently committed to the rights of women, ethnic minorities, and the disabled, while the United States during the presidential administration of Ronald Reagan (1981–89) and the United Kingdom during the prime ministership of Margaret Thatcher (1979–90) attached undue importance to individual rights. The early prime ministership of Tony Blair demonstrated a concern for the common good through its policies of devolution and the “stakeholder society” (the idea that businesses should be responsive to workers, consumers, and other groups whose interests they affect), as did the early administration of George W. Bush through its dedication to “compassionate conservatism.” After the 2001 September 11 attacks, however, the common good in the United States was increasingly identified with national security, and some individual rights (e.g., the right to habeas corpus) were curtailed.

In the same vein, responsive communitarians also warned against excessively expansive definitions of rights and championed modern communities in which people find both a rich web of social relations and considerable degrees of freedom. In the early 21st century, responsive communitarians believed that the Scandinavian countries had achieved the best balance, though even there some individual rights were being curtailed for security reasons and in response to anti-immigrant sentiment.

Policy implications

Responsive communitarianism developed criteria for the formulation of policies that would enable societies to cope with the potential conflicts between the common good and individual rights, including in areas such as public health versus individual privacy and national security versus individual liberty. These criteria, which must be applied jointly, included the following:

• 1. No change is justified in governing public policies and norms unless society encounters serious challenges, because these kinds of changes exact considerable societal costs. (The September 11 attacks constituted such a challenge.)
• 2. Limitations on rights can be considered only if there are significant gains to the common good—what the U.S. courts refer to as a “compelling interest”—and if the intrusion is as limited as possible.
• 3. Adverse side effects that result from policy changes must be treated, above all, by introducing stronger mechanisms of accountability and oversight.

An example of the application of these criteria can be seen in the debate in the United States concerning whether to improve public health by testing newborn babies for HIV. According to communitarians, such tests would be justified if: (1) they saved lives (an infant infected with HIV has a strong chance of not developing AIDS if it is not breastfed and is treated with the drug AZT), (2) the intrusion were limited to testing blood that would be collected anyway, and (3) the adverse side effects could be limited by regulations that ban the disclosure of test results to nonmedical personnel.

Socially constructed preferences

The communitarian approach challenges the liberal view—reflected in many social sciences, especially neoclassical economics and the study of law—that the political and economic preferences of individuals should be respected and that their aggregation should guide the governance of the polity (through voting) and the economy (through the influence of consumer spending on the production and distribution of consumer goods). It is fully legitimate, for example, for public authorities to urge people to resist the appeals of political extremists or to encourage them to save more of their money. Communitarianism also challenges the libertarian position that it is paternalistic to interfere with individual choices based on personal preferences. In keeping with their view concerning the social constitution of individual identity, communitarians argue that personal preferences are to a significant extent not autonomous but rather a reflection of the larger culture, aspects of which can be heavily influenced by nonrational forces such as commercial advertising. Hence, public efforts to influence such preferences in beneficial ways, say in campaigns against smoking and obesity, do not undermine personal autonomy and are not a violation of human dignity.

The third sector

Communitarianism adds a major element to a centuries-old debate in the West over the proper roles of government on the one hand and the market on the other. Communitarians argue that attention also must be paid to the role of civil society, including families, local and nonresidential communities, voluntary associations, schools, places of worship, foundations, and nonprofit corporations. It stresses that much of the behaviour that must be regulated in any society, as well as the factors that encourage people to discharge their social responsibilities (e.g., caring for children), are influenced by this third sector. Communitarians point to the importance of social norms and informal social controls in fostering pro-social conduct and in providing the moral foundations (e.g., trust) required for the successful operation of both governments and markets. The American political journalist Jonathan Rauch introduced the term “soft communitarianism” to refer to communitarianism that focuses on the role of civil society, in contrast to “hard,” East Asian communitarianism, which views the state as the primary social agent.