An important objection to political liberalism is that it provides no means by which to decide conflicts between public and non-public reasons. This article develops John Rawls' idea of `reasoning from conjecture' as one way to argue for a commitment to public reason. Reasoning from conjecture is a form of non-public justification that allows political liberals to reason from within the comprehensive views of at least some unreasonable citizens. After laying out the basic features of this form of non-public justification, (...) this article responds to three objections based on concerns about insincerity, cultural imperialism, and the epistemic authority of those who reason from conjecture. (shrink)

I first provide an analysis of Joel Feinberg’s anti-paternalism in terms of invalidation of reasons. Invalidation is the blocking of reasons from influencing the moral status of actions, in this case the blocking of personal good reasons from supporting liberty-limiting actions. Invalidation is shown to be distinct from moral side constraints and lexical ordering of values and reasons. I then go on to argue that anti-paternalism as invalidation is morally unreasonable on at least four grounds, none of which presuppose that (...) people can be mistaken about their own good: First, the doctrine entails that we should sometimes allow people to unintentionally severely harm or kill themselves though we could easily stop them. Second, it entails that we should sometimes allow perfectly informed and rational people to risk the lives of themselves and others, though they are in perfect agreement with us on what reasons we have to stop them for their own good. Third, the doctrine leaves unexplained why we may benevolently coerce less competent but substantially autonomous people, such as young teens, but not adults. Last, it entails that there are peculiar jumps in justifiability between very similar actions. I conclude that as liberals we should reject anti-paternalism and focus our efforts on explicating important liberal values, thereby showing why liberty reasons sometimes override strong personal good reasons, though never by making them invalid. (shrink)

It may be suggested that much of what goes by the name of contemporary cosmopolitanism is liberalism envisioned at the global level. It has become a common claim that the liberalism which provides the ethical content for cosmopolitanism is not tolerant enough of diverse ways of living; that liberalism’s claim to be a just referee between competing conceptions of the good life in fact hides a failure to treat diverse forms of life with an egalitarian hand. This essay argues this (...) is a correct observation that is in principle a good thing, not something to be derided. At least from the liberal point of view, part of the misunderstanding lies in the tendency to translate liberalism’s claim to be egalitarian towards all individuals into the claim that this means liberalism must be egalitarian towards all the conceptions of the good life that are held by these individuals. Such an extension of liberalism’s tolerance and egalitarianism would in fact undermine liberalism’s core values and render the cosmopolitan project a series of contradictions in terms. (shrink)

In this essay I address the difficult question of how citizens with conflicting religious and secular views can fulfill the democratic obligation of justifying the imposition of coercive policies to others with reasons that they can also accept. After discussing the difficulties of proposals that either exclude religious beliefs from public deliberation or include them without any restrictions, I argue instead for a policy of mutual accountability that imposes the same deliberative rights and obligations on all democratic citizens. The main (...) advantage of this proposal is that it recognizes the right of all democratic citizens to adopt their own cognitive stance in political deliberation in the public sphere without giving up on the democratic obligation to provide reasons acceptable to everyone to justify coercive policies with which all citizens must comply. (shrink)

In this essay we argue for the Janus-faced nature of hope. We show that attempts to sanitise the concept of hope either by separating it conceptually from other phenomena such as wishful thinking, or, more generally, by seeking to minimise the negative aspects of hope, do not help us to understand the nature of hope and its functions as regards religion. Drawing on functional accounts of religion from Clifford Geertz and Tamas Pataki, who both—in their different ways—see the function of (...) religion in terms of its capacity to satisfy deep psychological needs, we demonstrate that religion uniquely positions itself with regard to hope’s two faces, simultaneously exploiting positive and negative aspects of hope. (shrink)

Some public reason liberals identify coercive law as the subject matter of public justification, while others claim that the justification of coercion plays no role in motivating public justification requirements. Both of these views are mistaken. I argue that the subject matter of public justification is not coercion or coercive law but political decision-making about the basic institutional structure. At the same time, part of what makes a public justification principle necessary in the first place is the inherent coerciveness of (...) a legally organized basic institutional structure. While most public reason liberals seem to presuppose that the meaning of “coercion” is sufficiently obvious so as not to warrant further analysis, my defense of the essay’s main thesis explicitly draws on an account of coercion as a powerful agent’s employment of enforceable constraints to determine the will of another agent. (shrink)

This paper argues that Jacques Derrida provides a compelling rebuttal to a secularism that seeks to exclude religion from the public sphere. Political theorists such as Mark Lilla claim that religion is a source of violence, and so they conclude that religion and politics should be strictly separated. In my reading, Derrida’s work entails that a secularism of this kind is both impossible (because religion remains influential in the wake of secularization) and unnecessary (because religious traditions are diverse and multivalent). (...) Some attempt to contain the disruptive force of religion by excluding it from the public sphere, but Derrida argues that one may endure instability for the sake of something more important than safety. Although Derrida admits that religion is dangerous, he demonstrates that it is nevertheless an indispensable resource for political reflection. (shrink)

The ascendancy of Christian activism in bioethical policy debates has elicited a number of responses by critics of this activism. These critics typically argue that the public square ought to embrace Secular Liberalism, a perspective that its proponents maintain is the most just arrangement in a pluralist society, even though SL places restraints on Christian activists that are not placed on similarly situated citizens who hold more liberal views on bioethical questions. The author critiques three arguments that are offered to (...) defend SL: the golden rule contract argument, the secular reason argument, and the err-on-the-side-of-liberty argument. The author concludes that each of these arguments fail to support SL. (shrink)

O artigo examina a idéia rawlsiana de razão pública, em primeiro lugar, e a defesa habermasiana do princípio da igualdade cívica, a seguir, afim de apresentar a noção de pós-secularismo de Habermas como resultado dos debates contemporâneos sobre a relação entre religião e política influenciados pela concepção de cidadania democrática de Rawls.The article examines the Rawlsian idea of public reason, fi rst, and the Habermasian defense of the principle of civic equality, then, in order to present Habermas’s notion of post-secularism (...) as a result of the contemporary debates on the relationship between religion and politics infl uenced by Rawls’s conception of democratic citizenship. (shrink)

Abstract Many political theorists have argued that religious reasons should play a rather limited role in public or political settings. So, for example, according to the Doctrine of Religious Restraint, citizens and legislators ought not allow religious reasons to play a decisive role in justifying public policies. Many military professionals seem to believe that some version of that doctrine applies in military settings, that is, that military professionals should not allow their religious convictions to determine how they exercise command authority. (...) We explain why the Doctrine of Religious Restraint should not apply to military professionals and articulate an alternative understanding of the justificatory role legitimately played by religious considerations in military settings. This alternative understanding assumes that military professionals will exercise command authority with tact, wisdom, and due respect for both the spirit and letter of the law, even when they are guided by robust faith commitments. (shrink)

In recent years liberals have had much to say about the kinds of reasons that citizens should offer one another when they engage in public political debates about existing or proposed laws. One of the more notable claims that has been made by a number of prominent liberals is that citizens should not rely on religious reasons alone when persuading one another to support or oppose a given law or policy. Unsurprisingly, this claim is rejected by many religious citizens, including (...) those who are also committed to liberalism. In this paper I revisit that debate and ask whether liberal citizens have a moral obligation not to explain their support for existing or proposed laws on the basis of religious reasons alone. I suggest that for most (ordinary) citizens no such obligation exists and that individuals are entitled to explain their support for a specific law and to persuade others of the merits of that law on the basis of religious reasons alone (though there may be sound prudential reasons for not doing so). My argument is grounded in the claim that in most instances advocating laws on the basis of religious reasons alone is consistent with treating citizens with equal respect. However, I acknowledge an exception to that claim is to be found when using religious reasons to justify a law also implies that the state endorses those reasons. For this reason I argue that there is a moral obligation for some (publicly influential) citizens, and especially those who hold public office, to refrain from explaining their support for existing or proposed laws on the basis of religious reasons. I conclude by suggesting that this understanding of the role of religion in public political discourse and the obligations of liberal citizens is a better reflection of our experience of liberal citizenship than that given in some well-known accounts of liberalism. (shrink)

There have recently been a number of high profile political incidents, and legal cases, that raise questions about hate speech. At the same time, the tensions, and perceived conflicts, between religion and sexuality have become controversial topics. This paper considers the relationship between religious freedom, free speech and equality through an analysis of recent case law in Great Britain, Canada and the United States. The paper starts with a discussion of how conflicts between these values arise in areas such as (...) hate speech and explores the differences between the European and US approach to this issue. In Council of Europe member states there is an increasing use of the criminal law to regulate hate speech. This paper argues that criminalisation of hate speech poses a distinct risk to the values of free speech and proposes alternative non-legal responses such as a greater use of cultural policy. The paper also explores a range of cases where the religion and sexual orientation conflict has arisen in areas such as the workplace. An analysis of these cases suggests that although there is no perfect resolution of this issue, it is possible to develop a set of principles that encourage a balance between the values of religious freedom, free speech and equality even in difficult situations where there is a conflict between religion and sexuality. The paper concludes with some practical recommendations for managing the tensions or conflicts between religious freedom, free speech and equality in liberal democracies. (shrink)

Intelligent design creationism (ID) is a religious belief requiring a supernatural creator's interventions in the natural order. ID thus brings with it, as does supernatural theism by its nature, intractable epistemological difficulties. Despite these difficulties and despite ID's defeat in Kitzmiller v. Dover Area School District (2005), ID creationists' continuing efforts to promote the teaching of ID in public school science classrooms threaten both science education and the separation of church and state guaranteed by the U. S. Constitution. I examine (...) the ID movement's failure to provide either a methodology or a functional epistemology to support their supernaturalism, a deficiency that consequently leaves them without epistemic support for their creationist claims. My examination focuses primarily on ID supporter Francis Beckwith, whose published defenses of teaching ID, as well as his other relevant publications concerning education, law, and public policy, have been largely exempt from critical scrutiny. Beckwith's work exhibits the epistemological deficiencies of the supernaturally grounded views of his ID associates and of supernaturalists in general. I preface my examination of Beckwith's arguments with (1) philosopher of science Susan Haack's clarification of the established naturalistic methodology and epistemology of science and (2) discussions of the views of Beckwith's ID associates Phillip Johnson and William Dembski. Finally, I critique the religious exclusionism that Beckwith shares with his ID associates and the implications of his exclusionism for public policy. (shrink)

This article gives an overview of the debate about the “restraint principle” that political liberals urge on those who are inclined to use distinctive moral and theological doctrines in public square debates about politics. It clarifies such central concepts as “public reason” while surveying the main arguments and highlighting three different proposals for possible convergence in this conflict.

Religions and religious actors are increasingly associated with extremism and violence. A mainstream view that sees religions as prone to violence has been affirmed within the West. Yet, to affirm that religions promote anti-democratic projects and are inclined to violence can only partially capture the impact of religious voices in contemporary societies. In fact, religions have often played an important role in promoting democratic transition and religiously inspired doctrines have importantly supported peace and reconciliation processes in divided societies. This paper (...) argues that the mainstream view reproduces and extends a traditional liberal wariness toward the alleged incendiary role of religions in politics, the so-called doctrine of religious restraint. This view, I argue, is based on a misinterpretation of contemporary liberal theory and, especially, of Rawls’s Political Liberalism. The paper shows that Rawls’s framework instead provides an extensive accommodation of religions in political life. Starting from this premise, this paper responds to the mainstream view by focussing on the role of religious actors and sensitivities in reconciling divided societies. (shrink)

The standard liberal egalitarian approach to religious exemptions from generally applicable laws implies that such exemptions may be necessary in the name of equal respect for each citizen’s conscience. In each particular case this approach requires balancing the claims of devout believers against the countervailing claims of other citizens. I contend, firstly, that under the conditions of deep moral and ideological disagreement the balancing procedure proves to be extremely inconclusive. It does not provide an unequivocal solution even in the imaginary (...) case based on the biblical story of Abraham’s sacrifice, not to speak of real-life cases that are far less suggestive. Secondly, I argue that it is possible to consider demands for religious exemptions respectfully, without even challenging the way they are justified, but still reject them for principled reasons—namely, because these demands cannot be met without arbitrarily bending popular sovereignty to the dictate of religious doctrines. (shrink)

A polity is grounded in a modus vivendi (MV) when its main features can be presented as the outcome of a virtually unrestricted bargaining process. Is MV compatible with the consensus-based account of liberal legitimacy, i.e. the view that political authority is well grounded only if the citizenry have in some sense freely consented to its exercise? I show that the attraction of MV for consensus theorists lies mainly in the thought that a MV can be presented as legitimated through (...) a realist account of public justification. Yet I argue that, because of persistent ethical diversity, that realism problematically conflicts with the liberal commitments that underpin the very ideas of consensus and public justification. Thus, despite the interest it has recently attracted from critics of political liberalism and deliberative democracy, MV is not an option for those wishing to ground liberal political authority in some form of consensus. So if realist and agonistic critiques are on target, then the fact that modus vivendi is not an option casts some serious doubt on the viability of the consensus view of liberal legitimacy. (shrink)

For well over a decade, much of liberal political theory has accepted the founding premise of Rawls's political liberalism, according to which the fact of reasonable pluralism renders comprehensive versions of liberalism incoherent. However, the founding premise presumes that all comprehensive doctrines are moral doctrines. In this essay, the author builds upon recent work by Allen Buchanan and develops a comprehensive version of liberalism based in a partially comprehensive social epistemic doctrine. The author then argues that this version of liberalism (...) is sufficiently accommodating of the fact of reasonable pluralism. The conclusion is that the founding premise of political liberalism admits of a counterexample; there is a version of comprehensive liberalism that is sufficiently pluralistic. (shrink)

One of the most influential views in privacy scholarship is that privacy protects individual autonomy. On the early liberal view, the exercise of autonomy requires detachment from social and political life and privacy facilitates it. This view of privacy still informs current legal and political practice. As this view of privacy presupposes a tension between privacy and society, it is responsible for the underrating of privacy in legal and political practice. Over the last decades, liberal reflection on autonomy has shifted (...) from the early liberal understanding of autonomy as calling for detachment from social life to the idea of autonomy as socially embedded. This development has brought about a corresponding adjustment in the liberal concept of privacy: privacy has come to be seen as a social rather than merely an individual interest. The social turn in thinking about privacy has gone a long way to change the problematic image of privacy in legal and political practice. It has not gone far enough, however, to draw conclusions regarding the political relevance of privacy. I argue that we should understand autonomy as politically embedded. Revised along these lines, privacy has a political value: when we claim privacy, we do not make a claim to withdraw from political life, but rather make a claim to protect certain forms of political engagement. (shrink)

This article examines Leon Kass's contention that a choice for physician-assisted suicide is “undignified.” Although Kass is Jewish rather than Christian, he argues for positions that most Christians share, and he argues for these positions without presupposing the truth of specific religious claims. I argue that although Kass has some important intuitions, he too readily assumes that these intuitions will be shared by his audience, and that this assumption diminishes the force of his argument. An examination of the limitations of (...) Kass's argument is helpful insofar as it illustrates the real challenge faced by religious believers who wish to defend their beliefs in the “public forum.” For it illustrates that what needs to be made “accessible” is the Judeo-Christian understanding of man and his place in the world. While I do not wish to claim that this task is impossible, I do think that it is far more difficult than most realize. Like all important tasks, however, unless we wrestle with the difficulties it raises, our arguments will strike many as unconvincing. (shrink)

Most of the literature on doxastic voluntarism has concentrated on the question of the voluntariness of belief and the issue of how our actual or possible control of our beliefs bears on our justification for holding them and on how, in the light of this control, our intellectual character should be assessed. This paper largely concerns a related question on which less philosophical work has been done: the voluntariness of the grounding of belief and the bearing of various views about (...) this matter on justification, knowledge, and intellectual virtue. In part, my concern is the nature and extent of our voluntary control over our responses to reasons for believing—or over what we take to be such reasons. This paper provides a partial account of such control and, on the basis of the account, will clarify the criteria for appraising intellectual virtue. (shrink)

In "Evangelium Vitae" Pope John Paul II calls for a renewal of culture to combat the culture of death. He criticizes various aspects of a pluralistic, liberal society--a type of society that he claims is based on moral relativism and a view of democracy that becomes a substitute for moral law. He maintains that such a view trivializes moral choice. In this essay I argue that John Rawls's notion of a liberal society as an overlapping consensus of comprehensive doctrines can (...) avoid relativism while allowing for reasonable debate among opposed positions. While Rawls maintains that comprehensive doctrines, including religions, should employ a form of public reason that is not a unique feature of any one comprehensive doctrine, I argue that this requirement is too strong. One is often justified in appealing to features of comprehensive doctrines other than one's own, features that are unique to the doctrines themselves. Such an appeal does not pretend to be neutral as public reason would seem to be. In the final section of the paper I discuss some suggestions made by the Pope regarding actions in civil society that are independent of debates about legal change and suggest some ways in which they might contribute to desired cultural transformation. (shrink)

It is a commonplace that liberalism and religious belief conflict. Liberalism, its proponents and critics maintain, requires the privatization of religious belief, since liberals often argue that citizens of faith must repress their fundamental commitments when participating in public life. Critics of liberalism complain that privatization is objectionable because it requires citizens of faith to violate their integrity. The liberal political tradition has always sought to carve out social space for individuals to live by their own lights. If liberalism requires (...) citizens to violate their integrity, liberals have cause for concern. I seek to rebut this integrity objection to liberalism. I focus on the dominant form of philosophical liberalism: public reason liberalism. I argue that the integrity objection undermines the mainstream conception of public reason liberalism, but not public reason liberalism itself. The paper opens by outlining the structure of public reason liberalism and the integrity objection (§§2 and 3). It then analyses two versions of the objection and argues that the second version is successful against the mainstream conception of public reason (§4). I argue in response that public reason liberalism need not endorse principles of restraint—the civic restrictions on religious expression typically associated with it. I then sketch a conception of public reason liberalism that eschews principles of restraint (§5). This alternative promises to reconcile public reason liberals and their faith-friendly critics by putting the integrity objection to rest. (shrink)

In this essay, I provide an introduction to the so-called 'theological turn' in recent French, 'new' phenomenology. I begin by articulating the stakes of excluding God from phenomenology (as advocated by Edmund Husserl and Martin Heidegger) and then move on to a brief consideration of why Dominique Janicaud contends that, by inquiring into the 'inapparent', new phenomenology is no longer phenomenological. I then consider the general trajectories of this recent movement and argue that there are five main themes that unite (...) the work of such varied thinkers as Levinas, Derrida, Marion, Henry, Chrétien, Lacoste, and Ricœur. I conclude by outlining points of overlap between new phenomenology and contemporary analytic philosophy of religion and suggest that the two stand as important resources for each other. (shrink)

This paper seeks to show the analytical limitations of the most popular terms describing the relationship between religion and politics, the two most popular being "separation of church and state" and "separation of religion and politics". Although the latter term is preferred it is still quite vague in its meaning and, strictly speaking, impossible to put into practice. I try to clarify the meaning of "separation of religion and state" by discussing the early writings out of which the tradition arose, (...) those of John Locke and Thomas Jefferson. I contend that the best way to define the meaning of the separationist doctrine is to place it within the context of the liberalism from which it emerged. This allows the separation of religion and state to be not only possible but also more relevant for pluralist societies and post-colonial societies who wish to avoid both religious domination and complete secularism. (shrink)

The analogies between religious and secular juridical arguments interest political theorists because they suggest a hidden link between religion and politics. However, merely describing analogies does not show that the link is significant. Why are there such analogies? The question matters because answering is a prerequisite for determining whether there can be a neutral political background to religion. This paper argues that there are such analogies because arguments in theology and arguments in the juridical theory of the state share a (...) common structure. This structure is such that the meaning of some concepts in the theory of the state, like political order and sovereignty, cannot be fully understood without reference to theological concepts. This thesis – political theology – has become associated with Carl Schmitt, but the argument in this paper differs importantly from his. Unlike Schmitt, this paper claims that in the contemporary state political theology can be superseded. (shrink)

Mou Zongsan was one of the most important Chinese philosophers of the twentieth century, yet his political thought is given little attention. This is unfortunate, because his political philosophy presents significant challenges to liberal views on freedom and the basis for democracy. Mou rejects the liberal understanding of freedom as absence of interference, and instead argues for a limited conception of positive freedom in government that includes teaching basic moral values. He bases democracy on the Confucian idea of respect for (...) humanity's universal moral potential. At the same time, Mou also provides an alternative to many current conceptions of Confucian democracy, which favor pragmatist and communitarian interpretations. Mou's thought thus illustrates how Chinese conceptions of Confucian democracy frequently differ from those in English-language scholarship. The goal of this article is to examine how Mou creatively interpreted Confucian thought to develop a unique New Confucian theory of democracy that neither uncritically accepts liberalism nor discounts the importance of liberal features such as individual freedom and rights. It also considers major objections to Mou's view of democracy and his possible responses. (shrink)