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)

Defined narrowly, epistemology is the study of knowledge and justified belief. As the study of knowledge, epistemology is concerned with the following questions: What are the necessary and sufficient conditions of knowledge? What are its sources? What is its structure, and what are its limits? As the study of justified belief, epistemology aims to answer questions such as: How we are to understand the concept of justification? What makes justified beliefs justified? Is justification internal or external to one's own mind? (...) Understood more broadly, epistemology is about issues having to do with the creation and dissemination of knowledge in particular areas of inquiry. This article will provide a systematic overview of the problems that the questions above raise and focus in some depth on issues relating to the structure and the limits of knowledge and justification. (shrink)

This article considers the difficult question of whether there are any reasons for theocratic religious devotees to affirm liberalism and liberal institutions. Swaine argues not only that there are reasons for theocrats to affirm liberalism, but that theocrats are committed rationally to three normative principles of liberty of conscience, as well. Swaine subsequently discusses three institutional and strategic implications of his arguments. First, he outlines an option of semisovereignty for theocratic communities in liberal democracies, and explains why an appropriate valuation (...) of liberty of conscience may justify a standard of that kind. Second, he addresses the question of permissible government aid for religion and symbolic endorsement of religious groups. Third, Swaine considers innovations and new approaches that could be employed internationally to better display liberal government's affirmation of religiosity, to promote liberty of conscience, and to help improve relations between liberal and theocratic parties around the globe. (shrink)

Debates about the ethics of health care and medical research in contemporary pluralistic democracies often arise partly from competing religious and secular values. Such disagreements raise challenges of balancing claims of religious liberty with claims to equal treatment in health care. This paper proposes several mid-level principles to help in framing sound policies for resolving such disputes. We develop and illustrate these principles, exploring their application to conscientious objection by religious providers and religious institutions, accommodation of religious priorities in biomedical (...) research, and treatment of patients’ religious views in doctor–patient encounters. Given that no sound set of guiding principles yields precise solutions for every policy dispute, we explore how morally sound democracies might deliberatively resolve such policy issues, following our proposed principles. Taken together and carefully interpreted, these principles may help in guiding difficult decision making in the indefinitely large realm where government, medical providers, and patients encounter problems concerning religion and medicine. (shrink)

A Série Investigação Filosófica é uma série de livros de traduções de verbetes da Enciclopédia de Filosofia da Stanford (Stanford Encyclopedia of Philosophy) e de outras plataformas internacionalmente reconhecidas, que intenciona servir tanto como material didático para os professores das diferentes sub-áreas e níveis da Filosofia quanto como material de estudo para a pesquisa e para concursos da área. Nós, professores, sabemos o quão difícil é encontrar bom material em português para indicarmos. E há uma certa deficiência na graduação brasileira (...) de filosofia, principalmente em localizações menos favorecidas, com relação ao conhecimento de outras línguas, como o inglês e o francês. Tentamos, então, suprir essa deficiência, ao introduzirmos essas traduções ao público de língua portuguesa, sem nenhuma finalidade comercial e meramente pela glória da filosofia. (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)

For the past two decades, philosophers of religion have paid close attention to the debates on public reason taking place within the context of political philosophy. Some thinkers claim that religious arguments should play a very limited role in political discourse, as this would amount to a politically sanctioned imposition of religious beliefs on people with different religious or non-religious worldviews. Others claim that excluding religious reasons would lead to an unfair exclusion of religious citizens from democratic processes. Underlying these (...) positions is a highly problematic idea of what it means to be a religious citizen. On the one hand, religious citizens are conceptualized as highly self-reflective theologians. Others instead imagine religious citizens to be wholly incapable of such self-reflection and of distinguishing between public and non-public spheres. In my article I attempt to criticize these underlying assumptions and point towards a more nuanced conception of the religious citizen. (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)

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)

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)

Can religious arguments legitimately be used in public discourse? In recent years, philosophical discussions of this question have focused on the concept of public reason, which is a normative concept in liberal democratic theory, specifying which arguments should and should not be used in public discourse. It is often taken to exclude religious arguments. In this dissertation, I take issue with theories of public reason and the far-reaching degree of self-restraint they expect citizens and office-holders to exercise. My argument aims (...) to show that religious arguments should be given much more space in public discourse than many proponents of public reason are prepared to grant. I argue that even those proponents of public reason who in their theories seek to avoid placing undue demands on religious believers, do impose considerable restrictions on the use of religious arguments. The argument on which such restrictions are based, the argument from coercion, is, I suggest, convincing only in the case of office-holders but not in the case of citizens. I therefore propose to distinguish between citizens and office-holders when considering self-restraint. Citizens should be (morally) free to use religious arguments, whereas office-holders should be expected to exercise self-restraint with respect to religious arguments. Members of Parliament of religious parties should, though, be exempt from this requirement because of their duty to represent religious citizens. Contrary to popular belief, most religious parties do not conflict with principles of liberal democracy, and those that do should be tolerated. (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)

Christopher Eberle has developed a powerful critique of justificatory liberalism. According to Eberle, justificatory liberalism’s doctrine of restraint , which requires religious citizens to refrain from publicly advocating for policies that can be supported only by their religious reasons, is illiberal. In this article, I defend justificatory liberalism against Eberle’s critique.

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)

According to recently influential conceptions of public reasoning, citizens have the right to demand of each other ‘public justifications’ for controversial political action. On this view, only arguments that all reasonable citizens can affirm from within their diverse ethical standpoints can count as legitimate justifications for political action. Both proponents and critics often assume that the case for this expectation derives from the special justificatory burden created by the systematically coercive character of political action. This paper challenges that assumption. While (...) conceding that citizens who propose to deploy the coercive apparatus of the state to enforce controversial legislation owe their fellows a justification that overcomes the strong presumption against coercing agents, it denies that this consideration can explain why public justifications are also required. Having argued that the public justification requirement is not among the justification conditions for public coercion, the paper then proposes an alternative rationale for the expectation that political action be publicly justified. On this alternative, the case for the public justification requirement depends on democratic citizens’ standing as legislative co-authors, and not on considerations having to do with their liability as private individuals to coercion at the hands of the state. (shrink)

Offering the first developed account of political liberal education, this book combines a thorough analysis of the theoretical groundwork of political liberal education with application-oriented approaches to contemporary educational challenges. Following in depth engagement with the shortcomings of Rawls’ theory and addressing some key objections to neutrality-based restrictions in education, the volume moves on to provide an insightful discussion of topics such as same-sex relations in sex-education, the position of migrant children and the rights of religious parents to determine the (...) education of their children. This book outlines a political liberal account of education which provides a useful contribution to the current debates about liberalism and education in a way unprecedented in the literature on political liberalism so far. It is of interest to anyone working at the intersection of political philosophy and philosophy of education as well as for scholars with a broader interest in how liberalism can respond to the challenges of value pluralism. (shrink)

In this article I analyze Rawls' and Habermas' accounts of the role of religion in political deliberations in the public sphere. After pointing at some difficulties involved in the unequal distribution of deliberative rights and duties among religious and secular citizens that follow from their proposals, I argue for a way to structure political deliberation in the public sphere that imposes the same deliberative obligations on all democratic citizens, whether religious or secular. These obligations derive from the ideal of mutual (...) accountability that is supposed to guide political deliberation in a deliberative democracy. The main advantage of this proposal is that it recognizes the right of all democratic citizens to adopt their own cognitive stance (whether religious or secular) 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)

This article introduces a distinction in the paradigm of multiple modernities between a comparative-civilizational and a post-secular perspective. It argues that the former perspective helps us to understand modernization processes in large cultural-civilizational units, whereas the latter viewpoint focuses on actors and cultural domains within civilizational units and on inter-civilizational crossovers. The two perspectives are complementary. What we gain from this distinction is greater precision in the use of multiple modernities to explain the place of religion in modern societies. The (...) example of Russian Orthodoxy is used to clarify the difference between these two perspectives: whereas from a comparative-civilizational viewpoint, Russian Orthodoxy may appear as Europe’s ‘other’; from a post-secular viewpoint, Orthodox religion is part of Europe’s religious pluralist landscape and partakes in an ongoing process of defining the meaning of European political and cultural integration. (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)

In this article, I examine the relation of religious language and public debate within the context of postsecularism and defend a falsificationist model. I argue that the postsecular public sphere...