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Switch to: References
Citations of:
Justificatory liberalism: an essay on epistemology and political theory
New York: Oxford University Press (1996)
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Chapter. 1. Philosophical. Perspectives. on. Democracy. in. the. Twenty-First. Century: Introduction. Ann E. Cudd and Sally J. Scholz Abstract Recent global movements, including the Arab Spring, the Occupy Movement, as well as polarizing ... |
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Explains the concept and conceptions of public justification found in the philosophy and political theory literatures. |
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In this article I examine the main conceptions of public reason in contemporary political philosophy in order to set the frame for appreciating the novelty of the pragmatist understanding of public reason as based upon the notion of consequences and upon a theory of rationality as inquiry. The approach is inspired by Dewey but is free from any concern with history of philosophy. The aim is to propose a different understanding of the nature of public reason aimed at overcoming the (...) |
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The conciliationist and steadfast approaches have dominated the conversation in the epistemology of disagreement. In this paper, drawing on Jennifer Lackey’s justificationist approach and the casuistry paradigm in medical ethics, I will develop a more contextual epistemology of political disagreement. On this account, a given political disagreement’s scope, domain, genealogy, and consequence can be helpful for determining whether we should respond to that disagreement at the level of our confidence, beliefs, or with policy. Though some may argue that responding with (...) |
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Aumann’s theorem states that no individual should agree to disagree under a range of assumptions. Political liberalism appears to presuppose these assumptions with the idealized conditions of public reason. We argue Aumann’s theorem demonstrates they nevertheless cannot be simultaneously held with what is arguably political liberalism’s most central tenet. That is, the tenet of reasonable pluralism, which implies we can rationally agree to disagree over conceptions of the good. We finish by elaborating a way of relaxing one of the theorem’s (...) |
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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 (...) |
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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 (...) |
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This thesis focuses on what I call the question of exclusion. This question, I argue, is one that poses serious challenges to social contract approaches to justice and political legitimacy. In an intuitive way, the exclusion of some individuals seems to be a corollary of the social contractualist approach, which ascribes justice or legitimacy to a social arrangement insofar as it can be regarded as the product of the (actual – expressed or tacit – or hypothetical) consent of specified parties. (...) |
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One of the distinctive features of Gerald Gaus’s public justification theory is his extensive use of the empirical data from the social sciences to support his normative claims. One such claim which stands out for its importance, within the context of Gaus’s theory, is the evolution of strong reciprocity: over time, members of large societies develop a tendency to follow social rules and punish defectors. This claim, in turn, is supported by several studies in experimental economics involving mixed motive games, (...) |
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According to justificatory liberalism legal coercion is legitimate only when exercised for reasons that all reasonable persons can accept. That is, laws are legitimate only if they satisfy JL’s unanimity condition. This principle entails that if no law meets the unanimity condition, then no law is legitimate. However, given the diversity of persons who meet JL’s own twofold criteria of ‘reasonable’ – commitment to fair cooperation and recognition of reasonable pluralism – no law would be supported by all reasonable persons (...) |
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In this thesis I outline a view of primary legislation from a systems perspective. I suggest that systems theory and, in particular, autopoietic theory, as modified by field theory, is a mechanism for understanding how society operates. The description of primary legislation that I outline differs markedly from any conventional definition in that I argue that primary legislation is not, and indeed cannot be, either a law or any of the euphemisms that are usually accorded to an enactment by a (...) |
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Pettit (2006) argues that deferring to majority testimony is not generally rational: it may lead to inconsistent beliefs. He suggests that “another ... approach will do better”: deferring to supermajority testimony. But this approach may also lead to inconsistencies. In this paper, I describe conditions under which deference to supermajority testimony ensures consistency, and conditions under which it does not. I also introduce the concept of “consistency of degree k”, which is weaker than full consistency by ruling out only “blatant” (...) |
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Steven Wall has two compelling arguments for what I shall call public reason liberalism's reflexivity requirement. The political concerns to reconcile persons who hold diverse moral views, and to avoid authoritarianism in politics not only require the public justification of coercion but the public justification of the standard used to determine when coercion is publicly justified. The reflexivity requirement is said to entail that public reason is self-defeating. Once RR is correctly formulated, however, cases of self-defeat will be rare, as (...) |
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Kevin Vallier defends a theory of the normative limits of the use of coercion by the state known as convergence liberalism. Central to this theory is a principle of public justification according to which the coercive power of the state is justified and legitimate if and only if each member of the public has sufficient reason to endorse the coercion. I argue that this principle is too demanding. Certain epistemological limitations render cost-benefit analyses of many, if not all, laws and (...) |
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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 (...) |
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In the first part of the paper, Gaus’ ground for the ideal of persons as free and equal is described. Doubts are raised about the appropriateness of the use of his account of this ideal as endogenous to our moral practice. Th e worries are related to the use of the concept of having a reason that Gaus makes in his book, as well as to the aptness of his account of our moral practice from the viewpoint of our moral (...) |
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