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  1. added 2019-03-26
    Tying Legitimacy to Political Power: Graded Legitimacy Standards for International Institutions.Antoinette Scherz - forthcoming - European Journal of Political Theory:147488511983813.
    International institutions have become increasingly important not only in the relations between states, but also for individuals. When are these institutions legitimate? The legitimacy standards for international institutions are predominantly either minimal or democratic and cannot capture the large variety of international institutions. This article develops an autonomy-based conception of legitimacy based on the justification of political power that is applicable to both international and domestic institutions. Political power as rule-setting is a particular normative threat to the personal and political (...)
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  2. added 2019-02-13
    Global Public Reason, Diversity, and Consent.Samuel Director - 2019 - Philosophical Papers 48 (1):31-57.
    In this paper, I examine global public reason as a method of justifying a global state. Ultimately, I conclude that global public reason fails to justify a global state. This is the case, because global public reason faces an unwinnable dilemma. The global public reason theorist must endorse either a hypothetical theory of consent or an actual theory of consent; if she endorses a theory of hypothetical consent, then she fails to justify her principles; and if she endorses a theory (...)
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  3. added 2019-01-29
    Justice in the Laws, a Restatement: Why Plato Endorses Public Reason.Samuel Director - 2018 - Journal of the American Philosophical Association 4 (2):184-203.
    In the Laws, Plato argues that the legislator should attempt to persuade people to voluntarily obey the laws. This persuasion is accomplished through use of legislative preludes. Preludes (also called preambles) are short arguments written into the legal code, which precede laws and give reasons to follow them. In this paper, I argue that Plato’s use of persuasive preludes shows that he endorses the core features of a public reason theory of political justification. Many philosophers argue that Plato’s political philosophy (...)
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  4. added 2019-01-18
    Why a World State is Unavoidable in Planetary Defense: On Loopholes in the Vision of a Cosmopolitan Governance.Pavel Dufek - 2019 - In Nikola Schmidt (ed.), Planetary Defense: Global Collaboration for Defending Earth from Asteroids and Comet. Cham: pp. 375–399.
    The main claim of this chapter is that planetary defense against asteroids cannot be implemented under a decentralized model of democratic global governance, as espoused elsewhere in this book. All relevant indices point to the necessity of establishing a centralized global political authority with legitimate coercive powers. It remains to be seen, however, whether such a political system can be in any recognizable sense democratic. It seems unconvincing that planetary-wide physical-threat, all-comprehensive macrosecuritization, coupled with deep transformations of international law, global (...)
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  5. added 2018-08-16
    On Robust Discursive Equality.Thomas M. Besch - forthcoming - Dialogue:1-26.
    This paper explores the idea of robust discursive equality on which respect-based conceptions of justificatory reciprocity often draw. I distinguish between formal and substantive discursive equality and argue that if justificatory reciprocity requires that people be accorded formally equal discursive standing, robust discursive equality should not be construed as requiring standing that is equal substantively, or in terms of its discursive purchase. Still, robust discursive equality is purchase sensitive: it does not obtain when discursive standing is impermissibly unequal in purchase. (...)
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  6. added 2018-02-16
    Rawls' Idea of Public Reason and Democratic Legitimacy.Fabienne Peter - 2007 - Politics and Ethics Review 3 (1):129-143.
    Critics and defenders of Rawls' idea of public reason have tended to neglect the relationship between this idea and his conception of democratic legitimacy. I shall argue that Rawls' idea of public reason can be interpreted in two different ways, and that the two interpretations support two different conceptions of legitimacy. What I call the substantive interpretation of Rawls' idea of public reason demands that it applies not just to the process of democratic decision-making, but that it extends to the (...)
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  7. added 2018-02-14
    Noumenal Power, Reasons, and Justification: A Critique of Forst.Sameer Bajaj & Enzo Rossi - forthcoming - In Ester Herlin-Karnell & Matthias Klatt (eds.), Constitutionalism Justified. Oxford: Oxford University Press.
    In this essay we criticise Rainer Forst's attempt to draw a connection between power and justification, and thus ground his normative theory of a right to justification. Forst draws this connection primarily conceptually, though we will also consider whether a normative connection may be drawn within his framework. Forst's key insight is that if we understand power as operating by furnishing those subjected to it with reasons, then we create a space for the normative contestation of any exercise of power. (...)
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  8. added 2017-08-30
    Law as Technology Assessment.Edmund Byrne - 1982 - In Paul T. Durbin (ed.), Research in Philosophy and Technology, Vol V. Greenwich, CT: JAI Press. pp. 101-115.
    Law and technology , though not equivalent, are intertwined at every phase of a technology's "career." Any technology is directly or indirectly social, and as such becomes a target of regulation intrinsically or in relation to other technologies which it supports or opposes. Competing interests influence major decisions as to which technologies are encouraged or discouraged, heavily regulated or not, banned or not. Examples considered range from bounties to fuel, communication, and transportation preferences.
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  9. added 2017-07-09
    Náboženské racionale v liberální demokracii: Vyloučení, zahrnutí a hledání třetích cest [The Religious Rationale in Democracy: Exclusion, Inclusion and Search for Third Ways].Vojtěch Malý & Pavel Dufek - 2013 - Social Studies / Socialni Studia 10 (3):61–83.
    The article provides a focused overview of the recent debates in political philosophy on the role of religious arguments (as reasons for action) in liberal democracy, as well as a preliminary defence of a particular approach to the issue. Drawing on Christopher Eberle’s typology, we distinguish three main camps – Justificatory Liberalism, basing its advocacy of a “doctrine of religious restraint” on Rawls’s account of public justification; its Liberal Critics, embracing a wholly permissive position vis-à-vis religious arguments in the public (...)
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  10. added 2017-03-30
    Towards a Digressive Society.Christophe Bruchansky - 2015
    This paper is a copy of Digressive Society’s conclusions. In the book Digressive Society, I describe a society that would be based on the principle that no one is allowed to impose a principle on others. This paradoxical principle is, as I demonstrate, equivalent to the global maximisation of individual choices as well as the combating of all forms of alienation. A digression should be understood in the positive sense, it is distancing ourselves from an initial intention, deviate from a (...)
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  11. added 2017-01-25
    Limited Epistocracy and Political Inclusion.Anne Jeffrey - 2017 - Episteme:1-21.
    In this paper I defend a form of epistocracy I call limited epistocracy— rule by institutions housing expertise in non-political areas that become politically relevant. This kind of limited epistocracy, I argue, isn’t a far-off fiction. With increasing frequency, governments are outsourcing political power to expert institutions to solve urgent, multidimensional problems because they outperform ordinary democratic decision-making. I consider the objection that limited epistocracy, while more effective than its competitors, lacks a fundamental intrinsic value that its competitors have; namely, (...)
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  12. added 2017-01-23
    The Separateness of Persons: A Moral Basis for a Public Justification Requirement.Jason Tyndal - 2017 - Journal of Value Inquiry 51 (3):491-505.
    In morally grounding a public justification requirement, public reason liberals frequently invoke the idea that persons should be construed as “free and equal.” But this tells us little with regard to what it is about us that makes us free or how a claim about our status as persons can ultimately ground a requirement of public justification. In light of this worry, I argue that a public justification requirement can be grounded in a Nozick-inspired argument from the separateness of persons (...)
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  13. added 2017-01-05
    Convergence Liberalism and the Problem of Disagreement Concerning Public Justification.Paul Billingham - 2017 - Canadian Journal of Philosophy 47 (4):541-564.
    The ‘convergence conception’ of political liberalism has become increasingly popular in recent years. Steven Wall has shown that convergence liberals face a serious dilemma in responding to disagreement about whether laws are publicly justified. What I call the ‘conjunctive approach’ to such disagreement threatens anarchism, while the ‘non-conjunctive’ approach appears to render convergence liberalism internally inconsistent. This paper defends the non-conjunctive approach, which holds that the correct view of public justification should be followed even if some citizens do not consider (...)
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  14. added 2017-01-04
    Dumnezeu, Constituțía Și Imperativul Neutralitățíi. O Analiză Critică a Ideii de Revizuire a Constituției În Sens Creștin.Eugen Huzum - 2013 - In Sorin Bocancea (ed.), Constituția României. Opinii esențiale pentru legea fundamentală. Iasi: Institutul European.
    Unul dintre cele mai importante subiecte de dezbatere în contextul deliberărilor publice privind revizuirea Constituției a fost lansat, fără îndoială, de solicitările de revizuire a ei in sens creștin. Solicitările în discuție au fost făcute, după cum este cunoscut, de Sinodul mitropolitan al Mitropoliei Moldovei și Bucovinei în 5 martie 2013. Potrivit acestor solicitări, ar fi dezirabil ca, printre altele, noua Constituție „să facă referire la numele lui Dumnezeu”, să „sublinieze ... importanța tradiției creștine a poporului român”, să evidențieze „rolul (...)
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  15. added 2016-09-02
    The Discursive Dilemma and Public Reason.Christian List - 2006 - Ethics 116 (2):362-402.
    Political theorists have offered many accounts of collective decision-making under pluralism. I discuss a key dimension on which such accounts differ: the importance assigned not only to the choices made but also to the reasons underlying those choices. On that dimension, different accounts lie in between two extremes. The ‘minimal liberal account’ holds that collective decisions should be made only on practical actions or policies and that underlying reasons should be kept private. The ‘comprehensive deliberative account’ stresses the importance of (...)
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  16. added 2016-07-11
    Public Justification, Inclusion, and Discursive Equality.Thomas M. Besch - 2018 - Dialogue 57 (3):591-614.
    The paper challenges the view that public justification sits well with emancipatory and egalitarian intuitions. I distinguish between the depth, scope and the purchase of the discursive standing that such justification allocates, and situate within this matrix Rawls’s view of public justification. A standard objection to this view is that public justification should be more inclusive in scope. This is both plausible and problematic in emancipatory and egalitarian terms. If inclusive public justification allocates discursive standing that is rich in purchase, (...)
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  17. added 2016-03-02
    Consensus, Convergence, Restraint, and Religion.Paul Billingham - 2018 - Journal of Moral Philosophy 15 (3):345-361.
    This essay critically assesses the central claim of Kevin Vallier’s Liberal Politics and Public Faith: that public religious faith and public reason liberalism can be reconciled, because the values underlying public reason liberalism should lead us to endorse the ‘convergence view’, rather than the mainstream consensus view. The convergence view is friendlier to religious faith, because it jettisons the consensus view’s much-criticised ‘duty of restraint’. I present several challenges to Vallier’s claim. Firstly, if Vallier is right to reject the duty (...)
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  18. added 2016-01-15
    Républicanisme ou démocratie en entreprise.Gabriel Monette - 2015 - Ithaque 17:45-60.
    L’objectif de cet article est de montrer que le républicanisme d’entreprise développé par Hsieh ne protège pas les travailleurs contre l’ensemble des interférences arbitraires. Comme ils sont fondés uniquement sur la contestation des décisions, les arrangements institutionnels que Hsieh propose n’arrivent pas à saisir l’ensemble des formes que peut prendre la domination. Pour ce faire, nous utiliserons la critique développée par McCormick des institutions républicaines. Pour exploiter cette critique et l’appliquer au contexte d’entreprise, nous aurons besoin de présenter les arguments (...)
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  19. added 2015-10-01
    Liberal Foundations of Democratic Authority.Andrew Lister - 2010 - Representation 46 (1):19-34.
    In Democratic Authority, David Estlund argues that decision-procedures are to be judged solely by their tendency to generate morally superior decisions, but that because any relationship of authority must be acceptable to all qualified moral points of view, the epistemic benefits of less equal procedures must be evident beyond qualified objection. If all doctrines involved in political justification must be qualifiedly acceptable, however, the qualified acceptability requirement must itself be acceptable to qualified points of view. This article provides reasons for (...)
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  20. added 2015-01-18
    On the Compatibility of Epistocracy and Public Reason.Thomas Mulligan - 2015 - Social Theory and Practice 41 (3):458-476.
    In "epistocratic" forms of government, political power is wielded by those who possess the knowledge relevant to good policymaking. Some democrats--notably, David Estlund--concede that epistocracy might produce better political outcomes than democracy but argue that epistocracy cannot be justified under public reason. These objections to epistocracy are unsound because they violate a viability constraint: they are also fatal to democracy and all other plausible political arrangements. Moreover, there is a problem with the public reason framework itself--a problem that can only (...)
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  21. added 2014-07-14
    And, I Mean Every Word of It: Comments on Francis Dupuis-D�Ri�s �Global Protesters Versus Global Elite: Are Direct Action and Deliberative Politics Compatible?�.Genevieve Fuji Johnson - 2012 - Les ateliers de l'éthique/The Ethics Forum 7 (1):103-111.
    Focusing on how recent protests centered on global economic and environmental injustices can contribute to furthering deliberative politics and realizing deliberative democracy, Francis Dupuis- D � ri examines the important and historical tension between force and persuasion. However, casting protest as legitimate in the framework of deliberative politics and as serving deliberative democracy obscures its own value in endeavors to achieve social, economic, and environmental justice. Being sympathetic to Dupuis- D � ri � s work, I wish to make several, (...)
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  22. added 2014-03-18
    On Discursive Respect.Thomas M. Besch - 2014 - Social Theory and Practice 40 (2):207-231.
    Moral and political forms of constructivism accord to people strong, “constitutive” forms of discursive standing and so build on, or express, a commitment to discursive respect. The paper explores dimensions of discursive respect, i.e., depth, scope, and purchase; it addresses tenuous interdependencies between them; on this basis, it identifies limitations of the idea of discursive respect and of constructivism. The task of locating discursive respect in the normative space defined by its three dimensions is partly, and importantly, an ethical task (...)
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  23. added 2014-03-17
    Political Liberalism, the Internal Conception, and the Problem of Public Dogma.Thomas M. Besch - 2012 - Philosophy and Public Issues - Filosofia E Questioni Pubbliche 2 (1):153-177.
    According to the “internal” conception (Quong), political liberalism aims to be publicly justifiable only to people who are reasonable in a special sense specified and advocated by political liberalism itself. One advantage of the internal conception allegedly is that it enables liberalism to avoid perfectionism. The paper takes issue with this view. It argues that once the internal conception is duly pitched at its fundamental, metatheoretical level and placed in its proper discursive context, it emerges that it comes at the (...)
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  24. added 2012-09-01
    Reasonableness, Intellectual Modesty, and Reciprocity in Political Justification.R. J. Leland & Han van Wietmarschen - 2012 - Ethics 122 (4):721-747.
    Political liberals ask citizens not to appeal to certain considerations, including religious and philosophical convictions, in political deliberation. We argue that political liberals must include a demanding requirement of intellectual modesty in their ideal of citizenship in order to motivate this deliberative restraint. The requirement calls on each citizen to believe that the best reasoners disagree about the considerations that she is barred from appealing to. Along the way, we clarify how requirements of intellectual modesty relate to moral reasons for (...)
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  25. added 2012-05-13
    World That Matters: Reply to Poul Houe.Narve Strand - 2011 - In Roman Kralik & Abrahim H. Kahn (eds.), In the Shadow of Kierkegaard. Kierkegaard Circle, University of Toronto/Central European Research Institiute of Søren Kierkegaard.
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  26. added 2011-09-02
    Reflections on the Foundations of Human Rights.Thomas M. Besch - manuscript
    Is there an approach to human rights that justifies rights-allocating moral-political principles as principles that are equally acceptable by everyone to whom they apply, while grounding them in categorical, reasonably non-rejectable foundations? The paper examines Rainer Forst’s constructivist attempt to provide such an approach. I argue that his view, far from providing an alternative to “ethical” approaches, depends for its own reasonableness on a reasonably contestable conception of the good, namely, the good of constitutive discursive standing. This suggests a way (...)
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  27. added 2011-08-19
    On Practical Constructivism and Reasonableness.Thomas M. Besch - 2004 - Dissertation, University of Oxford
    The dissertation defends that the often-assumed link between constructivism and universalism builds on non-constructivist, perfectionist grounds. To this end, I argue that an exemplary form of universalist constructivism – i.e., O’Neill’s Kantian constructivism – can defend its universalist commitments against an influential particularist form of constructivism – i.e., political liberalism as advanced by Rawls, Macedo, and Larmore – only if it invokes a perfectionist view of the good. (En route, I show why political liberalism is a form of particularism and (...)
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  28. added 2011-06-17
    On Political Legitimacy, Reasonableness, and Perfectionism.Thomas M. Besch - 2013 - Public Reason 5 (1):58-74.
    The paper advances a non-orthodox reading of political liberalism’s view of political legitimacy, the view of public political justification that comes with it, and the idea of the reasonable at the heart of these views. Political liberalism entails that full discursive standing should be accorded only to people who are reasonable in a substantive sense. As the paper argues, this renders political liberalism dogmatic and exclusivist at the level of arguments for or against normative theories of justice. Against that background, (...)
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  29. added 2011-06-17
    Über John Rawls' Politischen Liberalismus.Thomas M. Besch - 1998 - Peter Lang.
    (In German.) The book addresses Rawls's post-1985 political liberalism. His justification of political liberalism -- as reflected in his arguments from overlapping consensus -- faces the problem that liberal content can be justified as reciprocally acceptable only if the addressees of such a justification already endorse points of view that suitably support liberal ideas. Rawls responds to this legitimacy-theoretical problem by restricting public justification's scope to include reasonable people only, while implicitly defining reasonableness as a substantive liberal virtue. But this (...)
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