Introduction

Much current debate within liberalism has arisen from the division of liberal allegiance between 'deontological' liberalism and 'communitarian' liberalism. Developments in the thought of John Rawls, the leading liberal philosopher of the late 20^th century, indicate the seriousness of problems. As is commonly argued, neutrality between the competing conceptions of the good of individuals presents liberalism with two related problems, however. The empirical foundations of human rationality far from constituting a problem, are what make possible such living together, for they allow for people not agreeing on substantive ends. The advantage of the common-law is that though it is based on precedent - 'attending to the arrangements of an historic society' - it allows judges to derive universal and abstract precedents. The encouragement of diversity is no more than a mask for liberals to declare the primacy of liberal values.