Public reason liberals typically defend an accessibility requirement for reasons offered in public political dialog. The accessibility requirement holds that public reasons must be amenable to criticism, evaluable by reasonable persons, and the like. Public reason liberals are therefore hostile to the public use of reasons that appear inaccessible, especially religious reasons. This hostility has provoked strong reactions from public reason liberalism's religion-friendly critics. But public reason liberals and (...) their religion-friendly critics need not be at odds because the accessibility requirement is implausible. In fact, the accessibility requirement is ambiguous between two interpretations, one of which is too stringent and the other too loose. Depending upon the interpretation, accessibility either restricts the use of too many secular reasons or permits appeal to a wide range of religious reasons. The accessibility requirement should therefore be rejected. (shrink)

Public reason liberals claim that legitimate rules must be justifiable to diverse perspectives. This Public Justification Principle threatens that failing to justify rules to reprehensible agents makes them illegitimate. Although public reason liberals have replies to this objection, they cannot avoid the challenge of powerful deceivers. Powerful deceivers trick people who are purportedly owed public justification into considering otherwise good rules unjustified. Avoiding this challenge requires discounting some failures of justification according to what caused (...) people’s beliefs. I offer a conception of public justification that accommodates these externalist considerations while positioning Public Reason Liberalism to provide insight into real cases of deception. (shrink)

Public reason liberalism holds that laws and policies must be justifiable to all reasonable citizens. Recently, David Enoch has offered an impressive and influential argument against the epistemological commitments of public reason liberalism on the grounds that they are ‘highly controversial’. After setting out this argument (Sections I and II), I show how its central claim is ambiguous between two senses of ‘controversial’. This gives rise to a dilemma: either Enoch's claim is that the (...) relevant epistemological commitments are controversial in the sense of being subject to controversy amongst actual people, in which case this is true but not troubling for public reason theorists; or the claim is that the relevant commitments are controversial in the sense of being subject to controversy amongst reasonable people, in which case this simply begs the question against public reason theorists (Section III). I then defend each horn of the dilemma against objections (Sections IV and V). I conclude by generalizing this dilemma, showing how it defuses not just Enoch's argument but also a number of other arguments frequently made in the literature on public reason liberalism (Section VI). (shrink)

Public reason liberalism is defined by the idea that laws and policies should be justifiable to each person who is subject to them. But what does it mean for reasons to be public or, in other words, suitable for this process of justification? In response to this question, Kevin Vallier has recently developed the traditional distinction between consensus and convergence public reason into a classification distinguishing three main approaches: shareability, accessibility and intelligibility. The goal (...) of this paper is to defend the accessibility approach by demonstrating its ability to strike an appealing middle course in terms of inclusivity between shareability and intelligibility. We first argue against Vallier that accessibility can exclude religious reasons from public justification. Second, we use scientific reasons as a case study to show that accessibility excludes considerably fewer reasons than shareability. Throughout the paper, we connect our discussion of accessibility to John Rawls’s model of public reason, so as to give substance to the accessibility approach and to further our understanding of Rawls’s influential model. (shrink)

Public reason liberals from John Rawls to Gerald Gaus uphold a principle of public justification as a core commitment of their theories. Critics of public reason liberalism have sometimes conceded that there is something compelling about the idea of public justification. But so far there have not been many attempts to elaborate and defend a ‘comprehensive’ liberalism that incorporates a principle of public justification. This article spells out how public justifiability (...) could be integrated into a comprehensive liberalism and defends the claim that what is worthwhile about public justification can be extracted from public reason liberalism. (shrink)

Public reason liberalism has been challenged by religious critics who make the “Integrity Objection.” That is, they argue that public reason’s stringent limits on the kinds of reasons which can serve as justificatory prevent them from living lives of integrity wherein their political activity and personal commitments are in sync. Convergence forms of public reason liberalism adopt this critique and respond to it by rejecting the dominant model of public reason, (...) consensus justification, replacing the Rawlsian standard of shared reasons with merely intelligible ones. In this paper I look at two formulations of the integrity objection and make brief rebuttals of both, ultimately arguing that convergence liberalism cannot claim to provide a more compelling response to religious critics than consensus liberalism. (shrink)

In recent years, leading public reason liberals have argued that publicly justifying coercive laws and policies requires that citizens offer both adequate secular justificatory reasons and adequate secular motivating reasons for these laws and policies. In this paper, I provide a critical assessment of these two requirements and argue for two main claims concerning such requirements. First, only some qualified versions of the requirement that citizens offer adequate secular justificatory reasons for coercive laws and policies may be justifiably (...) regarded as plausible liberal principles of public justification. And second, the requirement that citizens offer adequate secular motivating reasons for coercive laws and policies is untenable on multiple grounds. Public reason liberals should focus on assessing the justificatory reasons offered for and against coercive laws and policies rather than requiring citizens to offer adequate secular motivating reasons for such laws and policies. (shrink)

This article responds to an article by Francis J. Beckwith that argued that the consistent application of generic liberal principles requires that same-sex marriage not be recognised in civil law. This response demonstrates that Beckwith's article contains a series of interpretative and substantive flaws that render his argument unsuccessful. These relate to a misinterpretation of core liberal principles and a sidestepping of the matter of undue bias against same-sex partners. In correcting these flaws I tentatively propose a Voltairean argument in (...) favour of same-sex civil marriage for those citizens with moral qualms about same-sex relationships derived from their reasonable comprehensive doctrine. (shrink)

This article, forthcoming in the international legal philosophy journal Ratio Juris, responds to an article by Francis J. Beckwith arguing that the consistent application of liberal principles requires that same-sex marriage not be recognised in civil law. This response demonstrates that Beckwith’s article contains a series of interpretative and substantive flaws that render his argument unsuccessful. These relate to a misinterpretation of core liberal principles and a sidestepping of the matter of undue bias against same-sex partners. In correcting these flaws (...) I tentatively propose a ‘Voltarian argument’ in favour of same-sex civil marriage for those citizens with moral qualms about same-sex relationships derived from their reasonable comprehensive doctrine. (shrink)

In the few decades a new conception of liberalism has arisen—the “public reason view” — which developed out of contractualist approaches to justifying liberalism. The social contract theories of Hobbes, Locke and Rousseau all stressed that the justification of the state depended on showing that everyone would, in some way, consent to it. By relying on consent, social contract theory seemed to suppose a voluntarist conception of political justice: what is just depends on what people choose (...) to agree to — what they will. As Hume famously pointed out, such accounts seem to imply that ultimately political justice derives from promissory obligations, which the social contract theory leaves unexplained.1 Only in Kant, I think, does it become clear that consent is not fundamental to a social contract view: we have a duty to agree to act according to the idea of the “original contract.”2 Rawls’s revival of social contract theory in A Theory of Justice also made no important appeal to consent, though the apparatus of an “original agreement” of sorts persisted. The aim of the original position, Rawls announced, is to settle “the question of justification…by working out a problem of deliberation.”3 As the question of public justification takes center stage (we might say as contractualist liberalism becomes justificatory liberalism), it becomes clear that posing the problem of justification in terms of a deliberative or a bargaining problem is simply a heuristic: the real issue.. (shrink)

Michelman's Constitutional Essentials raises important questions about the idea of political liberalism and related idea of public reason. This essay offers a sympathetic commentary while also exploring the importance of the idea of reciprocity for both Rawls and Michelman.

Gerald Gaus argued in his 1996 book Justificatory Liberalism that proponents of public reason liberalism should attempt to ground their position in a specific epistemology. Critics of public reason liberalism such as David Enoch have also argued that public reason liberals need to elucidate their epistemic claims. Surprisingly, few public reason liberals have taken up Gaus and Enoch on their challenge. This paper will interact with the epistemological position undergirding (...) the public justification principle, access internalism, arguing that it fails. In its place, I put forward and defend proper functionalism as the better grounding epistemology, and then defend the new theory from possible objections. The result will be a synthesis of Nicholas Wolterstorff’s version of liberalism and an externalist version of convergence public reason liberalism. (shrink)

Since contemporary societies are deeply multicultural and plural, the partisan ideological politics obviously animate conflict of opinions and hard bargains that brings coercion into play. Thus political power is exercised to establish legitimacy and stability in the polity. The use of public reason as a tool of public inquiry is considered as most effective in deciding upon the outcomes of laws and policies. The idea of public reason is one of the contemporary innovations of liberal (...) thinking in democracy and has gained a wider currency among the political theorists after John Rawls adoption of it into his political thinking. On this background, my concern is to see the feasibility of public reason alone into democratic outcomes through coercive use of power provided that this is widely accepted among the epistemic peers in a democracy. I propose that the exclusiveness of public reason is inadequate to arbitrate on fundamental questions of politics in situations where disagreement becomes acute because of the adversary positions held by citizens. And hence love and truth add to the rigorousness of reason as strong ideals to combat an insurgency of deadly disagreements. It is an attempt to engage love and truth to public reason to make public deliberations more productive in the arena of law making and policy outputs. The strengthening of this democratic process is pioneering effort of M. K. Gandhi. (shrink)

In this article, I shall contend that Rawlsian public reason liberalism (PRL) is in tension with non-anthropocentric environmentalism. I will argue that many reasonable citizens reject non-anthropocentric values, and PRL cannot allow them to be used as the justification for ecological policies. I will analyse attempts to argue that PRL can incorporate non-anthropocentric ideas. I shall consider the view, deployed by theorists such as Derek Bell and Mark A. Michael, that PRL can make a distinction between constitutional (...) essentials and non-essentials, and therefore ecocentric values can be employed when only non-essentials are at stake. I will also consider Simon Hailwood’s argument that PRL can incorporate concern for nature based on its ‘otherness’. I shall conclude that both positions fail to rebut the claim that PRL excludes non-anthropocentric viewpoints. I will consider the question of whether PRL’s exclusion of non-anthropocentric ethics is a problem, and I shall show that appealing to purely anthropocentric arguments leads to a variety of unpalatable conclusions. I will suggest that comprehensive liberalism can include non-anthropocentric concerns, and hence is superior from an environmental perspective. (shrink)

The victims of severe injustice are allowed to employ disruption and violence to seek political change. This article argues for this conclusion from within Rawlsian political liberalism, which, however, has been criticised for allegedly imposing public reason’s suffocating norms of civility on the oppressed. It develops a novel view of the applicability of public reason in non-ideal circumstances – the “no self-sacrifice view” – that focuses on the excessive costs of following public reason (...) when suffering from severe injustice. On this view, those treated in what Rawls describes as less than a reasonably just way are relieved of the duty of public reason and therefore entitled to employ disruption and violence. In contrast, their privileged fellow citizens must still obey public reason’s civility unless they have been authorised by the oppressed to join their fight. This article also starts exploring from within political liberalism the normative principles governing disruptive and violent protest. (shrink)

This book is a defense of political liberalism as a feminist liberalism. A novel and restrictive account of public reason is defended. Then it is argued that political liberalism's core commitments restrict reasonable conceptions of justice to those that secure genuine, substantive equality for women and other marginalized groups.

Liberalism Without Perfection elaborates a generally Rawlsian conception of public justification in order to defend antiperfectionist liberalism. This critical response raises questions about the link between the two parts of the project. On the hand, it is possible to reject that demand that reasons for political decisions pass a qualified acceptability requirement even if one is strictly opposed to paternalism. On the other hand, the commitment to public justifiability does not rule out all perfectionism, if there (...) are some claims about the good that are not reasonably rejectable. (shrink)

moral foundation of liberalism can be defended in one of three ways: (1) as a conception one accepts as a result of one’s affirmation of political liberalism, (2) as a conception one must affirm as a presupposition for political liberalism, or (3) as a philosophical truth about practical reason and persons. The first option makes it impossible to distinguish a moral consensus from a modus vivendi . The second renders the moral foundation of liberalism dogmatic (...) because it affirms a moral foundation for which no justification is provided. Since there are good reasons for rejecting (1) and (2), that leaves option (3). I argue that (3) should be the preferred option for liberals who advance liberalism as a political doctrine with a moral foundation. (shrink)

Andrew Lister’s Public Reason and Political Community is an important new contribution to the debate over political liberalism. In this article, I critically evaluate some of the central arguments of the book in order to assess the current state of public reason liberalism. I pursue two main objections to Lister’s work. First, Lister’s justification for public reason, which appeals to the value of civic friendship, fails to show why public reason (...) liberalism should be preferred to an alternative democratic theory that does not include public reason restrictions. Second, there are several important ambiguities and tensions within Lister’s view that he does not adequately resolve. His approach to them often takes public reason liberalism in directions that many of its advocates will reject. More work thus remains to be done by public reason liberals both to show why public reason restrictions are necessary and to resolve these tensions in a more satisfactory way. (shrink)

Rawls hoped to meet these critics on their own ground by accepting that a comprehensive liberal position cannot be vindicated and by showing how a less ambitious, merely political, version of liberalism could be vindicated. His conception of political liberalism was less ambitious in two ways. In the first place its substantive normative claims were confined to the domain of politics: all he aspired to was a liberal theory of justice. Secondly, he argued that liberalism could dispense (...) with metaphysical and moral foundations: liberal justice could be vindicated as “political not metaphysical.” Since the publication of Political Liberalism, the term ‘political liberalism’ has increasingly been used to indicate this quite specific version of liberalism, whose normative claims are merely political, and which purports not to draw on “comprehensive moral doctrines,” or on unsustainable metaphysical claims. (shrink)

Gerald Gaus was one of the leading liberal theorists of the late twentieth and early twenty-first centuries. He developed a pioneering defence of the liberal order based on its unique capacity to handle diversity and disagreement, and he presses the liberal tradition towards a principled openness to pluralism and diversity. This book brings together Gaus's most seminal and creative essays in a single volume for the first time. It also covers a broad span of his career, including essays published shortly (...) before his death, and topics including reasonable pluralism, moral rights, public reason, and the redistributive state. The volume makes accessible the work of one of the most important recent liberal theorists. Many readers will find it of value, especially those in political philosophy, political science, and economics. (shrink)

Gerald Gaus was one of the leading liberal theorists of the late twentieth and early twenty-first centuries. He developed a pioneering defence of the liberal order based on its unique capacity to handle diversity and disagreement, and he presses the liberal tradition towards a principled openness to pluralism and diversity. This book brings together Gaus's most seminal and creative essays in a single volume for the first time. It also covers a broad span of his career, including essays published shortly (...) before his death, and topics including reasonable pluralism, moral rights, public reason, and the redistributive state. The volume makes accessible the work of one of the most important recent liberal theorists. Many readers will find it of value, especially those in political philosophy, political science, and economics. (shrink)

Steven Wall has two compelling arguments for what I shall call public reason liberalism's reflexivity requirement. The political concerns to reconcile persons who hold diverse moral views, and to avoid authoritarianism in politics not only require the public justification of coercion but the public justification of the standard used to determine when coercion is publicly justified. The reflexivity requirement is said to entail that public reason is self-defeating. Once RR is correctly formulated, however, (...) cases of self-defeat will be rare, as citizens seldom employ public justification requirements as reasons. When they do, such requirements are rarely their sole reason for supporting political coercion. A properly formulated reflexivity requirement, therefore, does not imply self-defeat. It also allows for a more ecumenical understanding that establish the processes of public justification. (shrink)

The article argues for a conception of the justification of punishment that is compatible with a modern, politically liberal regime. Section I deals with what some have thought are the obvious soci...

A central idea of public reason liberalism is that the exercise of political power is legitimate when supported only by reasons which all citizens accept. Public reason serves as a necessary standard for evaluating the legitimacy of political decisions. In this paper, I examine the directive to employ public reason from the citizens’ perspective. I suggest that employing public reason potentially involves them engaging in different types of compromise. I consider how (...) acknowledging these compromises sheds light on public reason liberalism. Public reason may not offer a necessary standard for evaluating the legitimacy of decisions, and the evaluation it offers may not have great weight relative to other moral and political considerations. (shrink)

In Partisanship and Political Liberalism in Diverse Societies I examine political parties and partisanship within the context of John Rawls’s theory of political liberalism. I argue that parties and partisanship are vital to Rawls’s political liberalism, since they offer a distinctive and crucial contribution to the process of public justification that is central to it, which combines the articulation of public reasons with the channelling into the public political realm of the particular values and (...) conceptions of the good emerging from parties’ specific constituencies. Furthermore, I argue, partisanship generates a special kind of political obligations, and this further contributes to state legitimacy under conditions of reasonable pluralism. In this paper, I respond to three commentators who have raised important criticisms against my argument. More specifically, Section 1 provides a response to Lea Ypi’s argument that my normative account of partisanship wrongly presupposes that existing liberal societies are reasonably just. Section 2 answers Daniel Weinstock’s concerns regarding the plausibility and internal consistency of my account of partisan political obligations. Finally, Section 3 addresses Kevin Vallier’s criticisms, which challenge my account of public reason and propose an alternative one. (shrink)

Can Rawlsian public reason sufficiently justify public policies that regulate or restrain controversial medical and technological interventions in bioethics (and the broader social world), such as abortion, physician aid-in-dying, CRISPER-cas9 gene editing of embryos, surrogate mothers, pre-implantation genetic diagnosis of eight-cell embryos, and so on? The first part of this essay briefly explicates the central concepts that define Rawlsian political liberalism. The latter half of this essay then demonstrates how a commitment to Rawlsian public (...) class='Hi'>reason can ameliorate (not completely resolve) many of the policy disagreements related to bioethically controversial medical interventions today. The goal of public reason is to reduce the size of the disagreement by eliminating features of the disagreement that violate the norms of public reason. The norms of public reason are those norms that are politically necessary to preserve the liberal, pluralistic, democratic character of this society. What remains is reasonable disagreement to be addressed through normal democratic deliberative processes. Specific issues addressed from a public reason perspective include personal responsibility for excessive health costs, the utility of a metaphysical definition of death for organ transplantation, and the moral status of excess embryos generated through IVF and/or their use in medical research. (shrink)

Public reasoning is widely thought to be essential to democracy, but there is much disagreement about whether such deliberation should be constrained by a principle of public reason, which may seem to conflict with important democratic values. This paper denies that there is such a conflict, and argues that the distinctive contribution of public reason is to constitute a relationship of civic friendship in a diverse society. Acceptance of public reason would not work (...) against mutual understanding, learning, or compromise, nor does the principle involve any violation of political equality. The real threat to democracy is not public reason, but the framing of public reason by a presumption against state action. (shrink)

The ‘consensus’ model of public reason, associated with John Rawls’s political liberalism, has been criticised for excluding certain reasons from receiving consideration where the justification of the constitutional essentials is concerned. One limitation of these criticisms is that they typically focus on the exclusion of reasons political liberals are committed to excluding, notably reasons based on religious and comprehensive views. I argue that public reason excludes some reasons, central to the interests of many oppressed groups, (...) that public reason advocates will agree should not be excluded.L’idée de raison publique comme «consensus», associée au libéralisme politique de John Rawls, a été attaquée du fait de sa supposée incapacité à permettre la prise en compte de certaines raisons dans les cas où la substance même de la constitution est en question. Une limitation de ces critiques est qu’elles se concentrent habituellement sur l’exclusion de ces raisons que les libéraux eux-mêmes s’efforcent d’exclure, en particulier des raisons fondées sur des vues globales ou religieuses. Je défends l’idée selon laquelle la raison publique exclut de fait certaines raisons, essentielles aux intérêts de nombreux groupes opprimés, que les tenants de la raison publique eux-mêmes considèreraient ne pas devoir être exclues. (shrink)

The project of public-reason liberalism faces a basic problem: publicly justified principles are typically too abstract and vague to be directly applied to practical political disputes, whereas applicable specifications of these principles are not uniquely publicly justified. One solution could be a legislative procedure that selects one member from the eligible set of inconclusively justified proposals. Yet if liberal principles are too vague to select sufficiently specific legislative proposals, can they, nevertheless, select specific legislative procedures? Based on (...) the work of Gerald Gaus, this article argues that the only candidate for a conclusively justified decision procedure is a majoritarian or otherwise ‘neutral’ democracy. If the justification of democracy requires an equality baseline in the design of political regimes and if justifications for departure from this baseline are subject to reasonable disagreement, a majoritarian design is justified by default. Gaus’s own preference for super-majoritarian procedures is based on disputable specifications of justified liberal principles. These procedures can only be defended as a sectarian preference if the equality baseline is rejected, but then it is not clear how the set of justifiable political regimes can be restricted to full democracies. (shrink)

The main purpose of the paper is to contribute to reconstructing the kind of normativity underlying Rawls’s notion of public reason and of the reasonable. The implicit target is the somewhat popular view according to which the transition from the framework of A Theory of Justice to that of Political Liberalism would entail a loss of normativity. On the contrary, the related ideas of public reason and the reasonable are argued to presuppose a notion of (...) normativity – linked with judgment – far more consistent with the premise of the fact of pluralism. After reconstructing Rawls’s notion of public reason, the two following problems are addressed: the problem of determining when allegedly shared truths, the building stones of public reason, are really such and, second, the problem of what it means for one reason to follow or proceed from a shared basis. In the context of such discussion three distinct meanings of the term ‘reasonable’ are identified, and the normatively more demanding one – the notion of some thesis or proposal being not just reasonable, but comparatively ‘more reasonable’ than another – is found to require that the reasonable be understood as the exemplary and, consequently, that we find ways to translate the Kantian doctrine of the exemplary yet universalist validity of aesthetic judgments into a non-aesthetic vocabulary. (shrink)

Public reason accounts commonly claim that exercises of coercive political power must be justified by appeal to reasons accessible to all citizens. Such accounts are vulnerable to the objection that they cannot legitimate coercion to protect basic liberal rights against infringement by deeply illiberal people. This paper first elaborates the distinctive interpersonal conception of justification in public reason accounts in contrast to impersonal forms of justification. I then detail a core dissenter-based objection to public (...) class='Hi'>reason based on a worrisome example advanced by Jonathan Quong. While we may be able to impersonally justify coercing the illiberal dissenter, public reason liberals must explain how we can interpersonally justify such coercion—meaning justify given the perspective of the dissenter. The two prominent strategies for dealing with dissenters involve idealization of reasoning and requiring liberal values; I show that these strategies do not succeed in a way compatible with the public reason project. That is, the prominent strategies leave public reason theorists with a dilemma between denying the legitimacy of using coercion to protect core freedoms against deeply illiberal people or abandoning the fundamental public reason project. I conclude by proposing a different answer to public reason liberalism’s fundamental question: what requires justification? On my account, it is not that coercion requires interpersonal justification for its permissibility, but that such justification is necessary as a constitutive element of a kind of moral community. (shrink)

An argument that draws on empirical findings in psychology to offer a blueprint for cultivating a widespread commitment to public reason. At the core of liberal theory is the idea—found in thinkers from Hobbes to Rawls—that the consent of the governed is key to establishing political legitimacy. But in a diverse liberal polity like the United States, disagreement runs deep, and a segment of the population will simply regard the regime as illegitimate. In Liberalism in Practice, Olivia (...) Newman argues that if citizens were to approach politics in the spirit of public reason, couching arguments in terms that others can reasonably accept, institutional and political legitimacy would be enhanced. Liberal theory has relied on the assumption of a unified self, that individuals are unified around a single set of goals, beliefs, attitudes, and aptitudes. Drawing on empirical findings in psychology, Newman argues instead that we are complex creatures whose dispositions and traits develop differently in different domains; we hold different moral commitments in different parts of our lives. She argues further that this domain differentiation allows us to be good liberal citizens in the public domain while remaining true to private commitments and beliefs in other domains. Newman proposes that educational and institutional arrangements can use this capacity for differentiation to teach public reason without overwhelming conflicting commitments. The psychology and pedagogy of public reason proposed by Newman move beyond John Rawls's strictly political liberalism toward what Newman terms practical liberalism. Although we cannot resolve every philosophical problem bedeviling theories of liberalism, we can enjoy the myriad benefits of liberalism in practice. (shrink)

This chapter is divided into two parts. In the first part, I explain the foundational differences between A Theory of Justice and Political Liberalism, despite the fact that Rawls maintains the Two Principles of Justice in both works. Moreover, I expound why, in view of the fact that reasonable people would subscribe to different comprehensive religious, philosophical, and moral doctrines, Rawls needs a new foundation for social stability in a constitutional liberal democracy. I explain the connection between Rawls’ ideas (...) of overlapping consensus, political conception, and public reason. Moreover, I explain Rawls’ idea of “duty of civility” and the condition under which a controversial issue can be legitimately resolved by way of voting. Further, instead of pursuing Rawls’ idea that bioethical issues could be resolved by way of “reasonable balancing” of “political values,” I turn to T. M. Scanlon’s contractualist approach, which is congenial to Rawlsian political liberalism and can resolve moral, political, and bioethical issues. In the second part of this chapter, I try to resolve the problem of medical assistance in dying by using Thomson’s/Scanlon’s idea that permissibility is not affected by intention. I deal with the Slippery Slope Arguments, the argument from abuse, and the argument from pressure on elderly patients who might feel obligated to die. Finally, I argue that Scanlonian contractualism is preferable to utilitarianism, and that contractualism can defuse the problem from pressure which has plagued utilitarianism. (shrink)

With the publication of Political Liberalism, John Rawls inaugurated a new tradition in political philosophy often called public reason liberalism. Rawls argued that among liberal democratic cultures, our conception of ourselves as free and equal requires that we justify our attempts to coerce one another via the use of state power. Thus, a legitimate state is one whose coercion is publicly justified to all members of a well-ordered society. A publicly justified political order therefore satisfies what (...) Rawls called the ideal of public reason. The ideal of public reason has probably garnered more attention than any other aspect of Rawls's later work. (shrink)

This book advances a novel justification for the idea of "public reason": citizens within diverse societies can realize the ideal of shared political autonomy, despite their adherence to different religious and philosophical views, by deciding fundamental political questions with "public reasons." Public reasons draw upon or are derived from ecumenical political ideas, such as toleration and equal citizenship, and mutually acceptable forms of reasoning, like those of the sciences. This book explains that if citizens share equal (...) political autonomy—and thereby constitute "a civic people"—they will not suffer from alienation or domination and can enjoy relations of civic friendship. Moreover, it contends that the ideal of shared political autonomy cannot be realized by alternative accounts of public justification that eschew any necessary role for public reasons. In addition to explaining how the ideal of political autonomy justifies the idea of public reason, this book presents a new analysis of the relation between public reason and "ideal theory": by engaging in "public reasoning," citizens help create a just society that can secure the free compliance of all. It also explores the distinctive policy implications of the ideal of political autonomy for gender equality, families, children, and education. (shrink)

This paper addresses the question of whether the duties associated with public reason are conditional on reciprocity. Public reason is not a norm intended to stabilize commitment to justice, but a moral principle, albeit one that is conditional on reciprocity because grounded in the idea of mutual respect despite ongoing moral disagreement. We can build reciprocity into the principle by stipulating that unanimous acceptability is required only with respect to points of view accepting the principle. If (...) compliance with law is assured, then the duties of public reason associated with authorship of law should be considered conditional on reciprocity only in this ‘internal’ sense, which is not proportional but bi-lateral. (shrink)

John Rawls’s political liberalism demands that reasonable citizens comply with the duty of civility, which limits the justification of state action to public reasons. However, many religious citizens in liberal democratic societies reject the exclusion of religious reasons from public debate. What can be done to encourage these citizens to endorse public reason? Rawls proposes the idea of reasoning from conjecture (RC), i.e. directly engaging with someone’s comprehensive doctrine and showing them that such a doctrine (...) actually supports public reason. In this article, we argue that reasoning from conjecture faces serious objections and that interfaith dialogue (ID) provides a better and more effective tool to encourage religious citizens to endorse public reason. More specifically, ID provides support to public reason by (i) relying on the principles of equality, sincerity and self-criticism, which are also central to public reason; (ii) leading participants to de-parochialize religion; and (iii) promoting tolerance. Moreover, ID avoids the main objections faced by RC, which undermine the latter’s morality and effectiveness. (shrink)

Mainstream political liberals hold that state coercion is legitimate only if it is justified on the grounds of reasons that all may reasonably be expected to accept. Critics argue that this public justification principle is self-defeating, because it depends on moral justifications that not all may reasonably be expected to accept. To rebut the self-defeat objection, I elaborate on the following disjunction: one either agrees or disagrees that it is wrong to impose one’s morality on others by the coercive (...) power of the state. Those who disagree reject PJP, they understand politics as war. Those who agree accept PJP, they understand politics as competition. Political competitors abide by PJP to avoid politics as war, by enforcing PJP on political combatants they engage in a war that is unavoidable. In both cases their exercise of political power has a justification that is reasonably acceptable to all. (shrink)

Public reason is central to John Rawls’s political liberalism, as a mechanism for citizens to discuss about matters of common interest. Although free and equal, reasonable and rational, citizens of a democratic society disagree on their understanding of truth and right, giving rise to the fact of reasonable pluralism. Thus, Rawls works out an idea of public reason which allows citizens to argue about political matters and yet remaining divided in their comprehensive doctrines. On the (...) other hand, African culture has developed the practice of palaver as way of dealing with social and political questions of the community. Usually held under a tree, scholars believe that the palaver is the African version of deliberative democracy. In this article, I elaborate the two ideas and compare them in order to see whether they are completely opposite or whether they can enrich each other. Thus, the first section focuses on Rawls’s idea of public reason, the second explores the palaver practice and the last section compares them. (shrink)

At one point Rawls thought that “a normalization of interests attributed to the parties” is “common to social contract doctrines.” Normalization has a great appeal: once we specify the normalized perspective, we can generate strong and definite principles of justice. Public reasoning is restricted to those who reason from the eligible, normalized, perspective; those who fall outside the “normal” are to be dismissed as unreasonable, unjust, or illiberal. As Rawls’s political liberalism project developed he increasingly relaxed his (...) normalization assumptions, allowing room for not only different conceptions of the good, but of justice. This paper explores the post-Rawlsian movement in public reason to maximally relax, or even abandon, normalizing assumptions, drawing on a maximal diversity of normative perspectives in public justification. The public reason project is at a critical juncture. Are we to look back, defending Rawls’s substantive conclusions by devising new defenses of normalization, circling the wagons around the cherished two principles? Or are we to seek to fulfill the promise of public reason as providing a common public and moral world in the midst of diversity? (shrink)

This article considers the justification of laws to religious citizens. It does via a consideration of the debate surround the teaching of Intelligent Design. It argues that one widely held view of political morality, public reason liberalism, requires that schools should allow teaching ID. This is contrary to the views of many defenders of this theory. I show that this argument reveals a deep problem with public reason liberalism, and that it undermines the judgement (...) of the court in the high profile case of Kitzmiller vs Dover. (shrink)

Reasonable individuals often share a rationale for a decision but, in other cases, they make the same decision based on disparate and often incompatible rationales. The social contract tradition has been divided between these two methods of solving the problem of social cooperation: must social cooperation occur in terms of common reasoning, or can individuals with different doctrines simply converge on shared institutions for their own reasons? For Hobbes, it is rational for all persons, regardless of their theological beliefs, to (...) consent to the sovereign's power. But for Locke, only Protestants with a shared theology could be party to the social contract. Rousseau thought that private reasons are not part of the general will, and in Kant's hypothetical contract, pure noumena reach common principles for the social order through the same reasoning process. In A Theory of Justice, John Rawls agreed with Rousseau and Kant: selecting the principles of justice requires modeling parties to the original position as having identical reasons. But in Political Liberalism, Rawls embraced the idea of an overlapping consensus, which accords distinct reasons justificatory force. (shrink)

How should we understand the familiar demand that journalists ‘be objective’? One possibility is that journalists are under an obligation to report only the facts of the matter. However, facts need to be interpreted, selected, and communicated. How can this be done objectively? This paper aims to explain the concept of journalistic objectivity in methodological terms. Specifically, I will argue that the ideal of journalistic objectivity should be recast as a commitment to John Rawls’s conception of public reason. (...) Journalism plays a vital role in the operation of all modern liberal democracies, functioning as the public watchdog, the fourth estate, or the conduit through which vital information flows to the citizenry. Journalism is, therefore, an institution that is best understood as part of the basic structure of society. In Political Liberalism, Rawls explicitly excludes media of any kind from the demands of public reason because he doesn’t think that they play a political role that is important enough to bring them under the official auspices of public reason. I will argue that overlooking the political significance of journalism is a mistake, but one that can be corrected while keeping within the spirit and most important elements of his theory. This revision will widen the scope for what counts as journalism beyond traditional outlets and forms of media but will impose the demands of public reason on anyone who intends to participate in the institution. (shrink)

This article aims to outline a perspective on democratic ideology centred on orientation and justification, which is discussed in relation to the right?left dyad and public reason. Ideology is approached in terms of the orientational structuring of identification processes, which is discussed in relation to the articulation between four pairs of orientational metaphors (up?down, in?out, front?back and right?left), which shape the political terrain and the terms of political justification. The latter is expressed in public reason based (...) on political equality, pluralism and contingency as opposed to hierarchy, monism and objectivism. A modern democratic ideology is based on right/left orientation to underpin the autonomy of the political symbolic order vis?à?vis cultural and religious orders, and on public reason as freestanding in relation to comprehensive reasons, which is a political justification of the priority of right/left in matters of common concerns. (shrink)

In public reason liberalism, equal respect requires that conceptions of justice be publicly justifiable to relevant people in a manner that allocates to each an equal say. But all liberal public justification also excludes: e.g., it accords no say, or a lesser say, to people it deems unreasonable. Can liberal public justification be aligned with the equal respect that allegedly grounds it, if the latter calls for discursive equality? The chapter explores this challenge with a (...) focus on Rawls-type political liberalism. I suggest that political liberalism’s commitment to equal respect can cohere with the standing of the unreasonable in public justification if that standing is not impermissibly unequal in discursive purchase. I then consider one candidate view of the permissibility of purchase inequality. On this broadly sufficientarian view, purchase inequality is permissible provided relevant people have standing of enough purchase to be able to avoid relevant bads. A plausible variant of this view suggests that political liberalism’s commitment to equal respect does not cohere with the discursive standing of the unreasonable. It emerges that where liberal public justification accords actual people discursive respect but relevantly idealizes at least around its fringes, the permissibility of purchase inequality must be a central concern. (shrink)