This thesis examines the concept of civil disobedience, and the role the latter can play in a democratic society. It aims to offer a moral justification for civil disobedience that departs from consequentialist or deontological considerations, and focuses instead on virtue ethics. By drawing attention to the notion of civic virtues, the thesis suggests that, under some circumstances, an act of civil disobedience is the very act displaying a virtuous disposition in the citizen who disobeys. Such disposition is interpreted in (...) light of a duty each individual has to respect her fellow citizens as autonomous agents. This grounds, in turn, a moral obligation to respect the law. The central claim of the thesis is that the obligation towards the law is fulfilled not only through acts of obedience but also, under different circumstances, through acts of disobedience. The status of non-violence as a necessary component of civil disobedience is questioned, and it is argued that a degree of force or violence may be permissible in civil disobedience, when it is compatible with the duty to respect others’ autonomy. Subsequently, the thesis offers an analysis of ‘reasonableness’ as a civic virtue, and by comparing three different approaches to the issue of reasonable disagreement among democratic citizens, it defends the deliberative approach as the most suited for treating fellow citizens as autonomous agents. The last two chapters focus on the importance, for an act of civil disobedience, of the agent’s willingness to accept the legal consequences of her law-breaking behaviour. It is argued that a civil disobedient has an obligation to face the prospect of being punished for the breach of the law. However, in considering the behaviour of a virtuous civil disobedient who appears at her criminal trial, it is also claimed that she should plead not guilty and aim to persuade her fellow citizens that she does not deserve to be punished, because what she did does not constitute a criminal wrong. In doing so, this thesis depicts civil disobedience not as a merely permissible form of behaviour, but as a morally praiseworthy conduct within a democratic community. (shrink)

There appears to be a tension between two commitments in liberalism. The first is that citizens, as rational agents possessing dignity, are owed a justification for principles of justice. The second is that members of society who do not meet the requirements of rational agency are owed justice. These notions conflict because the first commitment is often expressed through the device of the social contract, which seems to confine the scope of justice to rational agents. So, contractarianism seems to ignore (...) the justice claims of the severely cognitively impaired. To solve this problem, Martha Nussbaum proposes the capabilities approach. The justifiability condition, on this approach, is met by the idea of overlapping consensus. This essay argues that overlapping consensus cannot meet liberalism’s justifiability condition, nor is it more inclusive of the cognitively impaired. Therefore, we have reason to retain the contract device and look for another way to ensure that liberalism respects the justice claims of all. (shrink)

We ask whether it is reasonable to delay or refuse to take COVID-19 vaccines that have been shown in clinical trials to be safe and effective against infectious diseases. We consider two kinds of vaccine hesitancy. The first is geared to scientifically informed open questions about vaccines. We argue that in cases where the data is not representative of relevant groups, such as pregnant women and ethnic minorities, hesitancy can be reasonable on epistemic grounds. However, we argue that hesitancy is (...) not reasonable if a vaccine has passed well-conducted clinical trials. The second kind of hesitancy is to do with beliefs about the institutions offering a successfully trialled vaccine and the justifiability of cooperating with those institutions. For example, in the UK, distrust of the UK Government or the National Health Service is identified as a factor in the vaccine hesitancy of minority ethnic populations. We ask whether this sort of hesitation is reasonable given normative requirements of fair co-operation, both with those institutions and the wider population. We suggest that the answer is not straightforward. Sometimes the hesitation is unreasonable but understandable. -/- . (shrink)

The paper critically discusses the dualism in the interpretation of the moral basis of public reason. We argue that in order to maintain the complementarity of both liberal and democratic values within the debate on public reason, the arguments from liberty and from civic friendship cannot be considered in isolation. With regard to the argument from liberty, we contend that because the idea of natural liberty is an indispensable starting point of liberal theory, no explanation of the justification of political (...) power can do without it. In particular, we focus on the requirement of reasonableness and show that we should retain the epistemic aspect of the reasonableness of persons. The main reason for this is to be found in the criterion of reciprocity which provides the deepest justification of the respect for people’s liberty – that is, the liberal aspect of liberal democracy. At the same time, however, we argue that reciprocity also provides the grounds for responding to the criticism that the essentially liberal approach fails to adequately take into consideration the role of political community. Because reciprocity may also be interpreted as being based on civic friendship, it provides the resources to respond to such criticism. It thus supplies the normative background also for the second, democratic pillar of public reason. We then critically examine the newly emerging approach built predominantly on the argument from civic friendship, arguing that by prioritising the civic friendship interpretation and, at times, tending to completely abandon the liberty-based one, it overlooks the indispensability of liberty-based considerations for the criterion of reciprocity. We conclude that in order to adequately capture the common liberal-democratic basis of public reason, both interpretations of reciprocity must be linked within a comprehensive account. (shrink)

The so-called debate between Jürgen Habermas and John Rawls concentrated mainly on the latter’s political liberalism. It dealt with the many aspects of Rawls’s philosophical project. In this article, I focus only on one of them, namely the epistemic or cognitivistic nature of principles of justice. The first part provides an overview of the debate, while the second part aims to show that Habermas has not misinterpreted Rawls’s position. I argue that Habermas rightly considers Rawls’s conception of justice as a (...) moral one. In the last part, I discuss two key questions raised by Habermas. The first concerns the relation between justification and acceptance of the principles of justice. The second concerns the relation between two validity terms: truth and reasonableness. (shrink)

This article tries to develop a moderate reading of political liberalism applicable to post-Islamist, Muslim-majority societies. Contrary to the strong reading, which considers political liberalism as limited in its scope to those societies that already have a strong liberal tradition, I argue that Rawls’ project does have something to offer to reasonable post-Islamist, Muslim individuals. In part I of the article the idea of a post-Islamist, Muslim-majority society is conceptualized and explained. Part II focuses on the Rawlsian ideas of justification, (...) demonstrating that the conceptions of justification available in political liberalism, i.e. political constructivism, wide reflective equilibrium and a wide view of public reasoning with its ideas of declaration and conjecture, can justify the political conception of justice for reasonable individuals living in any society, including post-Islamist ones. Focusing on Rawls’ notions of stability in part III, I argue that the idea of overlapping consensus should not be considered as the only account of stability offered by political liberalism. Put another way, notwithstanding the strong reading of political liberalism in real western and post-Islamist democracies, liberal stability is always a mixture of overlapping consensus and modus vivendi. (shrink)

We ask whether it is reasonable to delay or refuse to take COVID-19 vaccines that have been shown in clinical trials to be safe and effective against infectious diseases. We consider two kinds of vaccine hesitancy. The first is geared to scientifically informed open questions about vaccines. We argue that in cases where the data is not representative of relevant groups, such as pregnant women and ethnic minorities, hesitancy can be reasonable on epistemic grounds. However, we argue that hesitancy is (...) not reasonable if a vaccine has passed well-conducted clinical trials. The second kind of hesitancy is to do with beliefs about the institutions offering a successfully trialled vaccine and the justifiability of cooperating with those institutions. For example, in the UK, distrust of the UK Government or the National Health Service is identified as a factor in the vaccine hesitancy of minority ethnic populations. We ask whether this sort of hesitation is reasonable given normative requirements of fair co-operation, both with those institutions and the wider population. We suggest that the answer is not straightforward. Sometimes the hesitation is unreasonable but understandable. (shrink)

The ideal of publicity plays an important role in contemporary legal and political philosophy. Yet, to date, it has not been brought to bear on the question of voting method choice. This paper aims to fix this. I argue that voting method publicity is a well-motivated requirement which reveals tradeoffs inherent to democracy between procedural and epistemic equality. I further explore the implications of voting method publicity to the normative status of plurality voting and its possible alternatives.

Philosophy & Social Criticism, Volume 48, Issue 7, Page 937-955, September 2022. Reasonableness is a complex notion recently developed by legal and political theorists. John Rawls’s famous proposal of ‘reasonableness as reciprocity’ requires careful testing in the light of several criteria arising from legal doctrine and adjudication. I enquire into this variety of concepts in search of a common thread that makes sense of the use of the same concept in diverse contexts. I assume the normative thrust of reasonableness as (...) an institutional and an individual virtue the basic core of which derives from Aristotelian phronesis. However, this double aspect of reasonableness betrays its major complexity that I try to shape through the help of two categories: subjective agency and objective context. The upshot of my enquiry will be that of showing that we can use another model, alternative to Rawls’s and better able to make sense of the variety of legal and ethical uses: Von Wright’s reasonableness as ‘the right way of living’. (shrink)

The debate between Jürgen Habermas and John Rawls concerns the question of how to do political philosophy under conditions of cultural pluralism, if the aim of political philosophy is to uncover the normative foundation of a modern liberal democracy. Rawls’s political liberalism tries to bypass the problem of pluralism, using the intellectual device of the veil of ignorance, and yet paradoxically at the same time it treats it as something given and as an arbiter of justification within the political conception (...) of justice. Habermas argues that Rawls not only incorrectly operationalizes the moral point of view from which we discern what is just but also fails to capture the specificity of democracy which is given by internal relations between politics and law. This deprives Rawls’s political philosophy of the conceptual tools needed to articulate the normative foundation of democracy. (shrink)

Background Best interests is a ubiquitous principle in medical policy and practice, informing the treatment of both children and adults. Yet theory underlying the concept of best interests is unclear and rarely articulated. This paper examines bioethical literature for theoretical accounts of best interests to gain a better sense of the meanings and underlying philosophy that structure understandings. Methods A scoping review of was undertaken. Following a literature search, 57 sources were selected and analysed using the thematic method. Results Three (...) themes emerged. The first placed best interests within the structure of wider theory, noting relationships with consequentialism, deontology, prudential value theory, rights and political philosophy. The second mapped a typology of processes of decision-making, among which best interests was ambiguously positioned. It further indicated factors that informed best interests decision-making, primarily preferences, dignity and quality of life. The final theme considered best interests from a relational perspective. Conclusions Characterisation of best interests as strictly paternalist and consequentialist is questionable: while accounts often suggested a consequentialist basis for best interests, arguments appeared philosophically weak. Deontological accounts, found in law and Kantianism, and theories of political liberalism influenced accounts of best interests, with accounts often associating best interests with negative patient preferences (i.e. individual refusals). There was much more emphasis on negative interests than positive interests. Besides preference, factors like dignity and quality of life were held to inform best interests decisions, but generally were weakly defined. To the extent that preferences were unable to inform decision making, decisions were either made by proxy authority or by an intersubjective process of diffuse authority. Differing approaches reflect bifurcations in liberal philosophy between new liberalism and neo-liberalism. Although neither account of authority appears dominant, bias to negative interests suggests that bioethical debate tends to reflect the widespread ascendancy of neo-liberalism. This attitude was underscored by the way relational accounts converged on private familial authority. The visible connections to theory suggest that best interests is underpinned by socio-political trends that may set up frictions with practice. How practice negotiates these frictions remains a key question. (shrink)

Psychiatric involvement in patient morality is controversial. If psychiatrists are tasked with shaping patient morality, the coercive potential of psychiatry is increased, treatment may be unfairly administered on the basis of patients’ moral beliefs rather than medical need, moral disputes could damage the therapeutic relationship and, in any case, we are often uncertain or conflicted about what is morally right. Yet, there is also a strong case for the view that psychiatry often works through improving patient morality and, therefore, should (...) aim to do so. Our goal is to offer a practical and ethical path through this conflict. We argue that the default psychiatric approach to patient morality should be procedural, whereby patients are helped to express their own moral beliefs. Such a procedural approach avoids the brunt of objections to psychiatric involvement in patient morality. However, in a small subset of cases where patients’ moral beliefs are sufficiently distorted or underdeveloped, we claim that psychiatrists should move to a substantive approach and shape thecontentof those beliefs when they are relevant to psychiatric outcomes. The substantive approach is prone to the above objections but we argue it is nevertheless justified in this subset of cases. (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)

On the mainstream view, consciences are valuable because they promote moral unity. However, conscience, so defined, will systematically prevent moral growth that threatens unity, even when unity has formed around oppressive moral values. This motivates Carolyn McLeod's alternative ‘Dynamic View’ whereby consciences are valuable to the extent that they are dynamic. Consciences are dynamic when they interact with our best moral judgements to shape or ‘retool’ the moral values underpinning conscience, sometimes at an initial cost to unity. We modify and (...) extend McLeod's account in two ways: (1) We object to her claim that conscience encourages its own retooling. We argue that the opposite is true – conscience creates a motivational barrier to change that moral judgement must overcome to successfully retool conscience. The task of ensuring dynamism, therefore, falls to moral judgement. (2) However, this motivational barrier enables conscience to play a valuable role that McLeod overlooks – compensating for the limitations of moral judgement. On our Balanced View, the value of conscience depends on it being sufficiently open to being shaped by our best moral judgements but inert enough to compensate for distorted moral judgements and to guide action when under cognitive load. (shrink)

This article defends a specific account of reasonableness as a virtue of liberal citizenship. I specify an account of reasonableness that I argue is more consistent with the phenomenology of intersubjective exchanges among citizens over political matters in contexts of deep disagreement. My reading requires reasonable citizens to undertake an attitude of epistemic modesty while deliberating public matters with agents who hold views different from theirs. In contrast with my view, I debate Martha Nussbaum’s and Steven Wall’s accounts of reasonableness (...) and specify why I believe that these proposals, although interesting, both require revisions. Distinguishing my account from theirs, I specify the normative relation between reasonableness and a general framework of political legitimacy that identifies citizens as ‘co-authors of democratic decisions’. Here, I argue that the liberal ideal of ascribing to each member of the constituency the status of putative epistemic authority can be properly fulfilled if coupled with a correct specification of the political ideal of mutual respect. I conclude claiming that opacity respect, a notion of respect according to which the recognition respect that is owed to individuals is expressed by the idea that we have to treat them as ‘opaque’, is the most adequate concept of political respect when dealing with interpersonal deliberations at political level in contexts of deep disagreement. (shrink)

In his political philosophy, John Rawls has a normative notion of reasonable behaviour expected of citizens in a pluralist society. We interpret the various strands of this idea and introduce them to the discourse on stakeholder dialogue in order to address two shortcomings in the latter. The first shortcoming is an unnoticed, artificial separation of words from actions which neglects the communicative power of action. Second, in its proposed new role of the firm, the discourse of political CSR appeared to (...) offer a promising synthesis of deliberation and action. However, the discourse has been criticized for its shortcoming in failing to provide a regulatory environment for corporation—stakeholder dialogue. Through our interpretation of Rawls’ notion of reasonableness in citizens, the article makes two important theoretical contributions to the debate on stakeholder dialogue. First, we transfer Rawls’ injunction in insisting that dialogues between business corporations and their weaker stakeholders must be understood as consisting of both verbal exchanges and actions. Second, we propose that the coercive power of government ought to provide a necessary context for stakeholder dialogue, and that by doing so, it can provide a way forward for the discourse of political CSR. We illustrate the usefulness of this contribution from Rawls in an analysis of BP’s behaviour towards thousands of victims following the Deepwater Horizon blowout in 2010. (shrink)

Traditionally, an adequate strategy to deal with the tension between liberty and security has been toleration, for the latter allows the maximization of individual liberty without endangering security, since it embraces the limits set by the harm principle and the principle of self-defense of the liberal order. The area outside the boundary clearly requires repressive measures to protect the security and the rights of all. In this paper, we focus on the balance of liberty and security afforded by toleration, analyzing (...) how this strategy works in highly conflictual contexts and sorting out the different sets of reason that might motivate individual to assume a tolerant attitude. We contend that toleration represents a reliable political solution to conflicts potentially threatening social security when it is coupled with social tolerance. Hence, we examine the reasons the agents may have for endorsing toleration despite disagreement and disapproval. In the range of these reasons, we argue that the right reasons are those preserving the moral and epistemic integrity of the agent. The right reasons are however not accessible to everyone, as for example is the case with (non-violent) religious fundamentalists. Only prudential reasons for toleration seem to be available to them. And yet, we argue that an open and inclusive democracy should in principle be hospitable towards prudential and pragmatic reasons as well, which may potentially lay the grounds for future cooperation. We conclude therefore that the tolerant society has room for the fundamentalists, granted that they do not resort to violence. (shrink)

Commonplace among deliberative theorists is the view that, when defending preferred laws and policies, citizens should appeal only to reasons they expect others reasonably to accept. This view has been challenged on the grounds that it places an undue burden on religious citizens who feel duty-bound to appeal to religious reasons to justify preferred positions. In response, I develop a conception of democratic deliberation that provides unlimited latitude regarding the sorts of reasons that can be introduced, so long as one (...) is prepared to defend them against criticism. Moreover, I contend that religious citizens have a powerful incentive, based on their religious convictions, to be fully responsive to criticism. I defend this proposition by drawing on Robert Erlewine’s account of Hermann Cohen’s ‘religion of reason’. (shrink)

One element of the liberal ideal of secularity is the principle that the state should treat religions neutrally: This is the religious neutrality requirement. Applied to religious belief systems, the principle stipulates that the state should not take a position on whether or not a certain religion is true. I challenge this ideal and argue that teachers in public schools sometimes need to take a position on religious truth claims in order to avoid the risk of promoting false beliefs. I (...) then argue that not acting to avert these implications is sufficiently costly to justify the abandonment of this requirement. (shrink)

Se aborda la idea de razón pública, atendiendo en particular a su concomitante ideal de razonabilidad. Se expone la continuidad de esta noción desde John Locke a John Rawls, destacando su vínculo con la religiosidad doctrinalmente minimalista de la tradición erasmista. Se cuestiona que, dado tal vínculo, esta ida pueda servir de criterio para evaluar la presencia de otras voces religiosas en la vida pública. The article addresses the idea of public reason, treating in particular its concomitant ideal of reasonableness. (...) It exposes the continuity of this notion from John Locke to John Rawls, highlighting its connection to the minimalist doctrinal religiosity of the Erasmist tradition. It questions if this idea can serve as criteria to evaluate the presence of other religious voices in public life, given this connection. (shrink)

Past justifications of free expression rely on the crucial role speech plays in deliberative democracies and respecting persons. Beneath each of these justifications lies the common goal of creating greater justice for individuals and groups. Yet 20th century political liberalism limits the kinds of arguments that ought to motivate political decisions. In this paper I explore how an inclusive political decision-making process can bring about a more just world. By relying on personal views and compassion rather than impartiality and reasonability, (...) political actors can engage in a discourse that results in greater understanding among persons and lasting community change. (shrink)

It is often argued that Michael Walzer’s theory of social criticism, which underpins his theory of justice, is not much of a theory at all, but rather an impressionistic collection of historical anecdotes. Contrary to this perception, I argue that Walzer’s method can be accurately described as a version of John Rawls’ well-known method of wide reflective equilibrium. Through a systematic comparison it can be shown that the two methods are strikingly similar. This implies that, far from the critics’ claim, (...) Walzer’s method can be described as a philosophically sophisticated method. This also adds credibility to Walzer’s views on politics and justice. (shrink)

A common objection to political liberalism is that since reasonable citizens agree that some ways of life are worse than others – for instance that the life of a drug addict is less worthwhile than the life of a person who spends her time with family and philosophy – political liberals must concede that the state can sometimes permissibly use perfectionist reasons. I argue in this paper that this challenge is mistaken, because the comparison only tells us something about relative, (...) not absolute, value. And because the real question concerns what the right justificatory constituency looks like, not what counts as reasonable in some other sense, the implication is that perfectionists and political liberals could construct equally plausible idealised constituencies. This stalemate gives us reason to develop arguments in favour of our preferred justificatory constituency. We cannot view local comparative judgements in isolation. (shrink)

Over the past few decades, significant research efforts have been devoted to establishing a relationship between African Philosophies of Education (APE) and School Leadership (SL). Such efforts have revealed how important African Union Philosophies of Education (AUPE) have been, or could be, in shaping School Leadership (SL) policies and practices. To achieve the above, this paper reviews contemporary literature on African Indigenous Education (AIE) and school leadership (SL) research. A descriptive and analytical interpretive approach is used to understand the methodological (...) approaches used by existing research to redress an underdeveloped engagement with theory and practical claims from other studies. In so doing, we identify the salient values of these African philosophies of Education, bringing out their qualities as well as their limitations, and discussing ways in which they could be incorporated into the contemporary field of School Leadership (SL). This study proposes an epistemic theoretical framework to guide the delivery of African Philosophies of Education (APE) in School Leadership (SL) practice. Such a framework would be developed as part of the de-colonisation epistemic movement within the global south, noting that this movement has yet to be significantly felt in the field of educational leadership. (shrink)