Cruelty, Injustice, and the Liberalism of Fear
Published date | 01 October 2023 |
DOI | http://doi.org/10.1177/00905917231169979 |
Author | Robin Douglass |
Date | 01 October 2023 |
https://doi.org/10.1177/00905917231169979
Political Theory
2023, Vol. 51(5) 790 –813
© The Author(s) 2023
Article reuse guidelines:
sagepub.com/journals-permissions
DOI: 10.1177/00905917231169979
journals.sagepub.com/home/ptx
Article
Cruelty, Injustice, and
the Liberalism of Fear
Robin Douglass1
Abstract
This article analyzes the relationship between the ideas of cruelty and
injustice in Judith Shklar’s political theory. Shklar’s The Faces of Injustice is
sometimes read as an instantiation of the liberalism of fear, which regards
cruelty and the fear that it inspires as the summum malum. I challenge this
interpretation and instead argue that her account of injustice should be
read independently of her commitment to the liberalism of fear. In doing
so, I show how her exploration of the faces of injustice—especially the
importance she accords to passive injustice and the sense of injustice—
raises important challenges for the liberal case for putting cruelty first.
Although democratic attitudes and institutions constitute the best available
remedy for the sense of injustice, on Shklar’s account, those who focus too
much on the requirements of democratic citizenship risk treating injustice
as a greater evil than cruelty, which could, in turn, facilitate cruelty and
undermine liberal democracy. I conclude by suggesting that the republican-
inspired theory of citizenship from The Faces of Injustice, which Shklar
outlines in response to the problem of passive injustice, reflects a distinct
strand of her political theory that goes beyond the more familiar defense of
law-bound constitutional government associated with the liberalism of fear.
Keywords
Judith Shklar, cruelty, injustice, liberalism of fear, republicanism, citizenship
1Department of Political Economy, King’s College London, London, UK
Corresponding Author:
Robin Douglass, Department of Political Economy, King’s College London, Bush House,
North-East Wing, 30 Aldwych, London, WC2B 4BG, UK.
Email: robin.douglass@kcl.ac.uk
1169979PTXXXX10.1177/00905917231169979Political TheoryDouglass
research-article2023
Douglass 791
Judith N. Shklar’s most famous contribution to political theory is her account
of the liberalism of fear, at the heart of which is the idea of putting cruelty first.
This understanding of liberalism has been adopted by political theorists such
as Richard Rorty (1989, xv, 74, 146) and Bernard Williams (2005, 3, 52–61,
138), with others applying Shklar’s account to a wide range of theoretical
debates on topics including multiculturalism (Levy 2000), human rights and
victimhood in international politics (Lu 2002; Meister 2002; Stullerova 2013),
and even animal ethics (Abbey 2016). In 1989, the year “The Liberalism of
Fear” first appeared, Shklar also published an essay entitled “Giving Injustice
Its Due,” which was then expanded to form the first chapter of The Faces of
Injustice the following year.1 Shklar’s ideas on injustice have proved influen-
tial too, especially among those who have challenged the dominant (Rawlsian)
approach to theorizing justice by instead foregrounding real-world injustices
(e.g., Barnett 2017, 242–46; Bufacchi 2012, 2; Fricker 2007, vi–vii, 39–40;
Goodhart 2018, 27–29; Medina 2013, 12–13). For the most part, however,
political theorists who draw upon the liberalism of fear do not attend to
Shklar’s views on injustice, while those who follow Shklar in prioritizing
questions of injustice are less concerned with her views on cruelty. This is not
especially surprising. In her work on injustice, Shklar never mentions either
the liberalism of fear or the injunction to put cruelty first. Yet political theorists
interested in building upon what has aptly been called Shklar’s “negative
political theory” (Stullerova 2022, 720) would do well to ask whether putting
cruelty first and giving injustice its due are complementary aspects of her
thought, or whether they pull in different directions.
What, then, is the relationship between cruelty and injustice? This ques-
tion has received little attention from Shklar scholars. Some present her late
work on injustice (and American citizenship) as following straightforwardly
from her commitment to the liberalism of fear. Dunn (1996, 45), for example,
claims that the liberalism of fear served as the “axis for each of her two final
and most passionately political books, The Faces of Injustice and American
Citizenship”, and Gatta (2018, 38) regards these two books as “the embodi-
ment” of the liberalism of fear. More generally, Fives (2020, 22) takes the
liberalism of fear to encompass Shklar’s approach in “her work from the start
of the 1980s up to her untimely death in 1992”, and Stullerova (2019, 74)
observes that the liberalism of fear is typically considered “emblematic of
1. I use the following abbreviations for frequently cited works by Shklar:
FI = The Faces of Injustice (Shklar 1990); LF = “The Liberalism of Fear”
(Shklar [1989] 1998); OV = Ordinary Vices (Shklar 1984); PCF = “Putting
Cruelty First” (Shklar 1982).
Get this document and AI-powered insights with a free trial of vLex and Vincent AI
Get Started for FreeStart Your 3-day Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting

Start Your 3-day Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting

Start Your 3-day Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting

Start Your 3-day Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting

Start Your 3-day Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
