Despite the increasing amount of literature on the legal and political questions triggered by a commitment to liberty of conscience, an explanation of the normative significance of conscience remains elusive. We argue that the few attempts to address this fail to capture the reasons people have to respect the consciences of others. We offer an alternative account that utilizes the resources of the contractualist tradition in moral philosophy to explain why conscience matters.

Many political philosophers have held that democracy has epistemic benefits. Most commonly, this case is made by arguing that democracies are better able to track the truth than other political arrangements. Truth, however, is not the only epistemic good that is politically valuable. A number of other epistemic goods – goods including evidence, intellectual virtue, epistemic justice, and empathetic understanding – can also have political value, and in ways that go beyond the value of truth. In this paper, I will (...) survey those who have argued that democracy can be valuable because of these other epistemic benefits, considering (1) the ways in which these epistemic goods can be of political value and (2) the challenges that democracies face in producing them. (shrink)

Baccarini and Malatesti (2017) defend the idea that we must use coercively biomedical means to enhance the morality of a specific group of individuals: psychopaths, diagnosed through the Psychopathy Checklist-Revised (PCL-R) standards (Hare, 2003). Their argument is theoretical, thus it goes independently from the actual effectiveness of existent treatments, and it is based on a logical reasoning. Moral bioenhancement (MB) means include psychotropic drugs, brain stimulations, neurosurgeries, genetic editing, etc. -/- In short, the authors apply Gerald Gaus' account of open (...) justification (Gaus, 1996, 2011), according to which “a prescription addressed to an agent is a reasoning that includes premises that consider the system of reasons (such as beliefs, preferences, etc.) of that agent” (Baccarini and Malatesti, 2017, p. 1). In their view, coercive MB of psychopaths is morally sound and deducible by reasons within the psychopath's cognitive-affective system—even if the psychopath needs not to be able to consciously or sincerely endorse them. We believe that this argument is flawed. In sum, we argue that the psychopath's cognitive-affective system would consistently justify reasons against mandatory MB to herself, even if she wishes differently for others, and that the prescription cannot be extended. (shrink)

Neste artigo pretendo mostrar a importância do conceito de razoável na teoria da justiça como equidade, de John Rawls e também, explicar o problema da razoabilidade nessa teoria. O ponto de partida será ressaltar a exigência de razoabilidade que é feita ao agente moral na justiça como equidade. Posteriormente, procurarei identificar algumas críticas a esse critério. Partirei da crítica formulada por Estlund a respeito do estreitamento do conceito de razoabilidade e a necessidade da verdade e das críticas estabelecidas por Timmons (...) e Gaus sobre a exigência demasiada e ineficaz da razoabilidade. O passo seguinte será tentar responder a essas críticas formuladas e, na parte final do texto, procurarei estipular um argumento a respeito de um tipo de responsabilidade moral razoável que pode estar contida na justiça como equidade. (shrink)

ABSTRACTIt is often held that disagreement over non-normative facts is less significant to the project of public justification than disagreement over relevant moral norms. But this dismissal of non-normative factual disagreement is unjustified—an ad hoc attempt to save the ideal of public justification from the endemic actual disagreement that threatens it. Disagreement over norms is relevant to political legitimacy; so, too, is disagreement over facts. I draw two implications from this point. First, inasmuch as accounts of public justification typically involve (...) a unanimity condition, public justification should not be thought a desideratum of political legitimacy. Second, virtuous political praxis will often involve enforcing legislation in spite of unresolved non-normative factual disagreement. That is, with respect to legitimacy, there is nothing morally amiss about such legislation. Clearly these last claims presuppose some basis for legitimacy other than agreement; I will only gesture at what this might be. Assuming that much actual legislation is indeed legitimate, though—in spite of extant normative and non-normative disagreement—I go so far as concluding that such a basis, whatever it is, must exist. (shrink)

Public justification-based accounts of liberal legitimacy rely on the idea that a polity’s basic structure should, in some sense, be acceptable to its citizens. In this paper I discuss the prospects of that approach through the lens of Gerald Gaus’ critique of John Rawls’ paradigmatic account of democratic public justification. I argue that Gaus does succeed in pointing out some significant problems for Rawls’ political liberalism; yet his alternative, justificatory liberalism, is not voluntaristic enough to satisfy the desiderata of a (...) genuinely democratic theory of public justification. So I contend that—pace Gaus, but also Rawls—rather than simply amending political liberalism, the claims of justificatory liberalism bring out fatal tensions between the desiderata of any theory of liberal-democratic legitimacy through public justification. (shrink)

Could the notion of compromise help us overcoming – or at least negotiating – the frequent tension, in normative political theory, between the realistic desideratum of peaceful coexistence and the idealistic desideratum of justice? That is to say, an analysis of compromise may help us moving beyond the contrast between two widespread contrasting attitudes in contemporary political philosophy: ‘fiat iustitia, pereat mundus’ on the one side, ‘salus populi suprema lex’ on the other side. More specifically, compromise may provide the backbone (...) of a conception of legitimacy that mediates between idealistic (or moralistic) and realistic (or pragmatic) desiderata of political theory, i.e. between the aspiration to peace and the aspiration to justice. In other words, this paper considers whether an account of compromise could feature in a viable realistic conception of political legitimacy, in much the same way in which consensus features in more idealistic conceptions of legitimacy (a move that may be attributed to some realist theorists, especially Bernard Williams). My conclusions, however, are largely sceptical: I argue that grounding legitimacy in any kind of normatively salient agreement does require the trappings of idealistic political philosophy, for better or – in my view – worse. (shrink)

In the contemporary philosophical literature, political legitimacy is often identified with a right to rule. However, this term is problematic. First, if we accept an interest theory of rights, it often remains unclear whose interests justify a right to rule : either the interest of the holders of this right to rule or the interests of those subject to the authority. And second, if we analyse the right to rule in terms of Wesley Hohfeld’s characterization of rights, we find disagreement (...) among philosophers about what constitutes the conceptual core of political authority: a power-right or a claim-right to rule. In this paper I show that both of these are problematic for a number of reasons. First, if we think that it is only the interests of the holders of a right to rule that justify the possession of authority, the conceptual core of authority must consist in a claim-right. However, this understanding of authority biases our thinking about legitimacy in favor of democratic exercises of power. Second, if we hold such a decisively democratic view of legitimacy, we confront an impasse with respect to addressing global collective action problems. Although it is clear that political authority is necessary or useful for solving these issues, it is doubtful that we can establish global institutions that are democratically authorized anytime soon. The paper suggests an alternative ‘Power-Right to Command View’ of political legitimacy that avoids the democratic bias and allows for thinking about solutions to global problems via global service authorities. (shrink)

En este trabajo trato de abordar el concepto de marco mental como clave para entender la concepción que la neuropolítica tiene de la deliberación pública y la democracia. En un primer lugar expondré los puntos centrales de las teorías de Jonathan Haidt y George Lakoff sobre el marco mental y la deliberación pública. Después pondré en relación la idea del marco mental con el concepto de marco referencial de Taylor. Finalmente, analizaré críticamente el modelo de deliberación pública y de democracia (...) que cabe extraer del concepto de marco mental en la neuropolítica.In this article I address the concept of «mental frame» as the key to understand the conception neuropolithics has on moral deliberation. Firstly, I will expose the core points of Jonathan Haidt y George Lakoff’s theories on mental frame and public deliberation. Then, I will put in relation the idea of mental frame with Charles Taylor’s concept of «referential frame». This will allow us, finally, to critically analyze the model of public deliberation and democracy that can be drawn from the concept of moral frame in neuropolitics. (shrink)

This paper offers an analysis of the relation between political populism and mass media, and how this relation becomes problematic for democratic societies. It focuses on the fact that mass media, due to their purpose and infrastructure, can unintentionally reinforce populist messages. Research findings from communication science and political psychology are used to illustrate how, for example, a combination of mass media agenda setting and motivated reasoning can influence citizens’ political decisions and impair their political autonomy. This poses a particular (...) normative challenge for modern democracies: how to counter these populism-supporting effects within the constraints of democratic legitimacy? After showing how severely limited legal measures to curb populist media effects would be, the paper argues in favour of media competence education as a way of providing future citizens with an epistemic toolkit to navigate the media environment and strengthen their political autonomy. (shrink)

A conception of legitimacy is at the core of normative theories of democracy. Many different conceptions of legitimacy have been put forward, either explicitly or implicitly. In this article, I shall first provide a taxonomy of conceptions of legitimacy that can be identified in contemporary democratic theory. The taxonomy covers both aggregative and deliberative democracy. I then argue for a conception of democratic legitimacy that takes the epistemic dimension of public deliberation seriously. In contrast to standard interpretations of epistemic democracy, (...) however, the conception I put forward avoids procedure-independent standards of correctness. Instead, it relies on a procedural social epistemology and defines legitimacy entirely in terms of the fairness of procedures. I call this conception of democratic legitimacy `Pure Epistemic Proceduralism'. I shall argue that it should be preferred over `Rational Epistemic Proceduralism', the conception of legitimacy that underlies the standard interpretation of epistemic democracy. Key Words: legitimacy • deliberative democracy • epistemic democracy • social epistemology. (shrink)

Since contemporary societies are deeply multicultural and plural, the partisan ideological politics obviously animate conflict of opinions and hard bargains that brings coercion into play. Thus political power is exercised to establish legitimacy and stability in the polity. The use of public reason as a tool of public inquiry is considered as most effective in deciding upon the outcomes of laws and policies. The idea of public reason is one of the contemporary innovations of liberal thinking in democracy and has (...) gained a wider currency among the political theorists after John Rawls adoption of it into his political thinking. On this background, my concern is to see the feasibility of public reason alone into democratic outcomes through coercive use of power provided that this is widely accepted among the epistemic peers in a democracy. I propose that the exclusiveness of public reason is inadequate to arbitrate on fundamental questions of politics in situations where disagreement becomes acute because of the adversary positions held by citizens. And hence love and truth add to the rigorousness of reason as strong ideals to combat an insurgency of deadly disagreements. It is an attempt to engage love and truth to public reason to make public deliberations more productive in the arena of law making and policy outputs. The strengthening of this democratic process is pioneering effort of M. K. Gandhi. (shrink)

Equal respect for persons is often appealed to as the grounding principle of democratic rule. I argue here that if it needs to account for the specific content of democratic political rights, it must be understood as respect for people as competent political decision-makers. However, the claim that respect is due to people as a response to their actual equal competence leads to a conflation of democratic legitimacy and substantive justice, resting on implausible factual assumptions and making it impossible to (...) advocate the effective equalization of political capabilities. Therefore, I suggest that the principle of equal respect should be decoupled from such a claim and be rephrased as simply prescribing that people be treated or publicly recognized as equally competent. I defend this interpretation against the publicity objection, according to which this take on the principle implies insincerity and therefore cannot serve as a public justification for democratic authority. (shrink)

The local food movement is, increasingly, becoming a part of the modern American landscape. However, while it appears that the local food movement is gaining momentum, one could question whether or not this trend is, in fact, politically and socially sustainable. Is local food just another trend that will fade away or is it here to stay? One way to begin addressing this question is to ascertain whether or not it is compatible with liberalism, a set of influential political theories (...) that have shaped and continue to shape our political system. In this paper, I argue that the local food movement is partially compatible with forms of liberalism that accept the limited application of the principle of neutrality, as there are two directions or trends within local food: (1) The systems based direction and (2) the individual focused direction. The systems based direction is not compatible while the individual focused movement is largely compatible with liberalism. I go on to argue that the two directions form a dialectic that increases the political and social sustainability of the movement as a whole. Conceiving of the individual focused and the systems focused directions as in opposition to one another is, itself, a mistake. (shrink)

RÉSUMÉ: Plusieurs libéraux modernes soutiennent que le pluralisme des valeurs a d’importantes conséquences pour l’élaboration des procédures et des institutions politiques. Mais les arguments fondés sur l’incommensurabilité et sur l’indétermination de la rationalité ou de la délibération se révèlent tous compatibles avec le monisme; et certaines formes de pluralisme sont compatibles soit avec une hiérarchisation des valeurs soit avec une hiérarchisation méta-éthique de certains types de concepts normatifs. En outre le «pluralisme» en tant que thèse métaphysique concernant les valeurs est (...) souvent confondu avec la thèse descriptive qu’il existe une pluralité de conceptions du bien dans les sociétés modernes, qui, elle, fournit la véritable justification du libéralisme dans l’organisation politique. Or cette forme de pluralisme est également compatible avec le monisme des valeurs. Le libéral pluraliste se trouve ainsi confronté à un dilemme: soit certaines valeurs sont d’importance prioritaire pour la justification de l’organisation politique, soit les conséquences du pluralisme des valeurs en pareil domaine sont indéterminées. (shrink)

In "epistocratic" forms of government, political power is wielded by those who possess the knowledge relevant to good policymaking. Some democrats--notably, David Estlund--concede that epistocracy might produce better political outcomes than democracy but argue that epistocracy cannot be justified under public reason. These objections to epistocracy are unsound because they violate a viability constraint: they are also fatal to democracy and all other plausible political arrangements. Moreover, there is a problem with the public reason framework itself--a problem that can only (...) be solved by providing a better definition for what makes an objection to a political arrangement a "reasonable" one. (shrink)

Justice is important, but so is peaceful cooperation. In this article, I argue that if one takes seriously the autonomy of individuals and groups and the fact of moral pluralism, a just system of cooperation cannot guarantee peaceful cooperation in a pluralistic world. As a response to this consideration, I develop a contractarian theory that can secure peace in a pluralistic world of autonomous agents, assuming that the agents who exist in this world expect that peaceful cooperation is the most (...) beneficial form of interaction for them in the long run. The theory specifies the restrictions on the behavior of autonomous individual and collective agents that are indispensable for peaceful cooperation in a pluralistic world. In particular, I argue for the need of (i) a globally valid rule of conflict resolution to settle all intra- and inter-group conflicts that cannot be resolved locally, (ii) a world court to apply this rule in cases where local group authorities are inadequate to do so, and to serve as a final court of appeal, and (iii) a world police to enforce the rule. (shrink)

Disagreement in politics is ubiquitous. People disagree about what makes a life worthy or well-lived. They disagree about what they owe to each other in terms of justice. They also disagree about the proper manner of dealing with the consequences of disagreement. What is more, they disagree about the normative significance of moral and political disagreement. Disagreement has been, for at least three decades now, the focus of a series of major works in political philosophy. It has been called one (...) of the fundamental ‘circumstances of politics’ by Waldron. Rawls took disagreement to be at the heart of the problem of political legitimacy. Gerald Gaus takes it to be the most important task of liberal political theory to justify political institutions in the face of ‘evaluative diversity’. For Thomas Christiano, disagreement is part of the basis of the authority of democracy.Political institutions make decisions and rules that are binding f. (shrink)

In this critical notice of Gerald Gaus's The Order of Public Reason, I reject two arguments Gaus advances for the claim that social moral rules must be publicly justified.

I take it that (1) the central problem of political philosophy is how to deploy philosophy in the criticism and direction of practice. This paper maps out the basic terrain of the relationship between (A) neo?Kantian Critical Theory (for example, Jürgen Habermas), (B) hermeneutics (for example, Charles Taylor) and (C) constructivism (for example, Gilles Deleuze and Felix Guattari). It contends that this central problem (1) is not met by the arguments of (A) and (B) ? these representing what I call (...) ?the communicative turn in political philosophy?. They assume ?democratic dialogue? is its own justification and that from it spring both truth and right. The key objection is that the communication of opinions is not the same as the demonstration of their validity. I argue that (C) may help to take us beyond the failures of (A) and (B). (shrink)

This article compares the ‘enfranchisement lottery’, a novel method for allocating the right to vote, with universal suffrage. The comparison is conducted exclusively on the basis of the expected consequences of the two systems. Each scheme seems to have a relative advantage. On the one hand, the enfranchisement lottery would create a better informed electorate and thus improve the quality of electoral outcomes. On the other hand, universal suffrage is more likely to ensure that elections are seen to be fair, (...) which is important for political stability. This article concludes that, on balance, universal suffrage is prima facie superior to the enfranchisement lottery. Yet the analysis shows that the instrumental case for the ‘one person, one vote’ principle is less conclusive than democratic theorists usually suppose. (shrink)

As some thinkers have sought in the concept of global civil society an ethically driven site of deliberation and even resistance, so others have criticized global civil society for its lack of legitimacy and representativeness. This article attempts to answer these criticisms ? at least in part ? by invoking a moral commitment to the value of justification. I argue that the idea of justification, when examined, offers us a particular understanding of legitimacy which would be attainable for global civil (...) society actors. The article begins by setting out the case for concern about the legitimacy of global civil society. I then outline a certain understanding of justification, showing how a commitment to this conception provides both a response to critics of global civil society and an ethical baseline for humane actors within global civil society. I move on to trace the significance of the moral relevance of justification for actors' strategies. Lastly, however, I highlight the difficulty of justification in a diverse world. This is to say that the issues of legitimacy and strategy facing global civil society are only made more tractable, not dissolved, by an appeal to the importance of justification. (shrink)

My aim in this article is to investigate the epistemic dimension of reasonableness. In the last decades, the concept of reasonableness has been deeply analysed, and yet, I maintain that a strictly epistemic analysis of reasonableness is still lacking. The goal of this article is to clarify which epistemic features characterize reasonableness as one of the fundamental virtues in the political domain. In order to justify political liberalism through a public justification that averts the risk of falling into a dilemma, (...) it is important to establish in advance which are the epistemic constraints that should be respected. My proposal is that a moderate approach in moral epistemology expresses the best scheme available to us – as moral agents constrained by the limit of our rationality – for establishing a normatively binding, and yet realistic, procedure of justification for political institutions and practices. (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)

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.

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)

I defend one way of solving the Impermissibility Problem—that is, the problem that on moralized approaches to coercion, coerciveness and permissibility are mutually exclusive. This brings up intuitive difficulties for cases such as taxation, which seem to be both coercive and permissible. I gloss three popular theories of coercion—the moralized baseline, nonmoralized baseline, and enforcement approaches—and conclude that only the nonmoralized baseline approach clearly solves the problem. However, Robert Nozick’s famous “slave case” raises another serious issue for the nonmoralized baseline (...) approach. So, in order to solve both the slave case and the Impermissibility Problem, I draw on Grant Lamond’s discussion of the coerciveness of law to propose the pro tanto wrong approach. On this approach, coercion is not impermissible simpliciter, but requires some sort of special justification. The pro tanto wrong approach is moralized, but on it, moralization comes in coercion’s need for justification, not in whether it is, in fact, justified. Thus impermissibility is neither necessary nor sufficient for coerciveness, and the Impermissibility Problem is avoided. I conclude that solving the problem in this way is desirable because it preserves a core belief of liberalism: certain acts, including taxation, may be both coercive and permissible. (shrink)

Toleranz wird für gewöhnlich als eine Einstellung definiert, die sich aus Akzeptanz und Ablehnung gegenüber der tolerierten Praxis zusammensetzt. In einem Aufsatz in dieser Zeitschrift hat Achim Lohmar dieses klassische Verständnis von Toleranz angegriffen und einen alternativen Toleranzbegriff stark gemacht. Ich werde argumentieren, dass Lohmars Analyse von Toleranz verfehlt ist, und zeigen, wie sich der klassische Toleranzbegriff gegen Lohmars Kritik verteidigen lässt. Dennoch ist Lohmars Kritik nicht uninteressant. Denn obwohl Lohmars begriffliche Kritik unzutreffend ist, lässt sich auf Lohmars Kritik aufbauend (...) ein inhaltliches Argument gegen die derzeit prominenteste Rechtfertigung von Toleranz formulieren, das Rawls’sche Argument von vernünftiger Meinungsverschiedenheit. Abschließend argumentiere ich gegen Lohmar, dass der personale Toleranzbegriff vom politischen nicht kategorial verschieden ist. (shrink)

In recent years the view that the non-instrumental value of democracy is a relational value, particularly relational equality, gained prominence. In this paper I challenge this relational egalitarian version of non-instrumentalism about democracy’s value by arguing that it is unable to establish a strong enough commitment to democracy. I offer an alternative view according to which democracy is non-instrumentally valuable for it establishes relationships of mutual service among citizens by enlisting them in the collective project of ruling the polity justly (...) together which is a self-standing source of value for them. Relating in the mode of mutual service is not a species of relating as equals; it is a distinct relational value. Democracy is uniquely suited to realize this relational value, for it renders citizens co-authors of the fundamental rules of the system of social cooperation under which they live, and only as co-authors of these rules are they able to mutually serve each other in a way that is appropriate within their relationship as citizens of the same polity. For this reason, a strong commitment to democracy can be based on the relational value of mutual service, which therefore better fits the theoretical purposes of non-instrumentalism than relational equality. (shrink)

In morally grounding a public justification requirement, public reason liberals frequently invoke the idea that persons should be construed as “free and equal.” But this tells us little with regard to what it is about us that makes us free or how a claim about our status as persons can ultimately ground a requirement of public justification. In light of this worry, I argue that a public justification requirement can be grounded in a Nozick-inspired argument from the separateness of persons (...) (one that is consistent with the idea that individuals are free and equal). As I claim, one particular feature of the fact of our separateness – the possession of a basic psychology consisting of beliefs, intentions, sentiments, and a variety of desire-like psychological states – does the most work in grounding both a principle of liberty (PL) and a requirement of public justification (RPJ). Together, PL and RPJ provide the basic framework for a theory of public reason liberalism. (shrink)

In this paper, I aim to establish that, according to almost all democratic theories, instrumentalist considerations often dominate intrinsic proceduralist considerations in our decisions about whether to make extensive use of undemocratic procedures. The reason for this is that almost all democratic theorists, including philosophers commonly thought to be intrinsic proceduralists, accept ‘High Stakes Instrumentalism’. According to HSI, we ought to use undemocratic procedures in order to prevent high stakes errors - very substantively bad or unjust outcomes. However, democratically produced (...) severe substantive injustice is much more common than many proponents of HSI have realised. Proponents of HSI must accept that if undemocratic procedures are the only way to avoid these high stakes errors, then we ought to make extensive use of undemocratic procedures. Consequently, according to almost all democratic theorists, democratic theory ought, for practical purposes, to be reoriented towards difficult moral and empirical questions about the instrumental quality of procedures. Moreover, this is potentially very practically important because if there are available instrumentally superior undemocratic procedures, then wholesale institutional reform is required. This is one of the most potentially practically important findings of normative democratic theory. In spite of this, no-one has yet explicitly recognised it. (shrink)

The freedom of expression is vital to our ability to convey opinions, convictions, and beliefs, and to meaningfully participate in democracy. The state may, however, ‘limit’ the freedom of expression on certain grounds, such as national security, public order, public health, and public morals. Examples from around the world show that the freedom of individuals to express their opinions, convictions, and beliefs is often imperilled when states are not required to meet a substantial justificatory burden when limiting such freedom. This (...) article critiques one of the common justificatory approaches employed in a number of jurisdictions to frame the state’s burden to justify limitations on the freedom of expression—the proportionality test. It presents a case for an alternative approach that builds on the merits and addresses some of the weaknesses of a typical proportionality test. This alternative may be called a ‘duty-based’ justificatory approach because it requires the state to demonstrate—through the presentation of publicly justifiable reasons—that the individual concerned owes others a duty of justice to refrain from the expressive conduct in question. The article explains how this approach is more normatively compelling than a typical proportionality test. It also illustrates how such an approach can better constrain the state’s ability to advance majoritarian interests or offload its positive obligations by limiting the freedom of expression of minorities and dissenting voices. (shrink)

The democratic egalitarian ideal requires that everyone should enjoy equal power over the world through voting. If it is improper to vote twice in the same election, why should it be permissible for dual citizens to vote in two different places? Several possible excuses are considered and rejected.

This essay analyses optimal voting rules for one form of deliberative democracy. Drawing on public choice analysis, it is argued that the voting rule that best institutionalises deliberative democracy is a type of a supermajority rule. Deliberative democracy is also committed to the standard neutrality condition according to which if x votes are enough to select alternative A, x votes must be enough to select not-A. Taken together, these imply that deliberative democracy will often be indeterminate. This result shows that (...) deliberative democracy is ill-equipped to provide guidance as to how actual political disputes are to be legitimately resolved. (shrink)

From Mill to, most recently, Bryan Caplan, political and economic elites have been seen as the solution to the public’s ignorance and incompetence. In order to show that elites are actually more competent than the public, however, we would have to find out what type of knowledge is necessary to enact good public policy. The empirical evidence shows that economic experts have a slight advantage over the general public in knowledge of how to achieve policy goals. But, contrary to Caplan, (...) the evidence indicates that economists don’t possess significant predictive knowledge, and that general economic laws are of little help in predicting the magnitude of the effects of a specific policy in a multi‐variable, complex world. When we adopt a more complex understanding of the reasons behind policy choice, and consider rules and principles in addition to goal pursuit, the slight edge of economic experts evaporates. (shrink)

I defend the idea that a liberal commitment to value neutrality is best honoured by maintaining a pure cardinality component in our rankings of opportunity or liberty sets. I consider two challenges to this idea. The first holds that cardinality rankings are unnecessary for neutrality, because what is valuable about a set of liberties from a liberal point of view is not its size but rather its variety. The second holds that pure cardinality metrics are insufficient for neutrality, because liberties (...) cannot be individuated into countable entities without presupposing some relevantly partisan evaluative perspective. I argue that a clear understanding of the liberal basis for valuing liberty shows the way to satisfying responses to both challenges. (shrink)

The project of public-reason liberalism faces a basic problem: publicly justified principles are typically too abstract and vague to be directly applied to practical political disputes, whereas applicable specifications of these principles are not uniquely publicly justified. One solution could be a legislative procedure that selects one member from the eligible set of inconclusively justified proposals. Yet if liberal principles are too vague to select sufficiently specific legislative proposals, can they, nevertheless, select specific legislative procedures? Based on the work of (...) Gerald Gaus, this article argues that the only candidate for a conclusively justified decision procedure is a majoritarian or otherwise ‘neutral’ democracy. If the justification of democracy requires an equality baseline in the design of political regimes and if justifications for departure from this baseline are subject to reasonable disagreement, a majoritarian design is justified by default. Gaus’s own preference for super-majoritarian procedures is based on disputable specifications of justified liberal principles. These procedures can only be defended as a sectarian preference if the equality baseline is rejected, but then it is not clear how the set of justifiable political regimes can be restricted to full democracies. (shrink)

In this paper I offer a distinctive epistemic rationale for the liberal practice of constant and ostentatious reason-giving in the political context. Epistemic trust is essential to democratic governance because as citizens we can only make informed decisions by relying on the claims of moral, scientific, and practical authorities around us. Yet rational epistemic trust is also uniquely fragile in the political context in light of both the radical inclusiveness of the relevant epistemic community (i.e., everyone who participates in the (...) political process) and the conflicting interests bound up in policy debate. I argue that liberal justification is a necessary condition for warranted epistemic trust in this context, and therefore a necessary condition for healthy public inquiry about politically significant questions. (shrink)

Koopman’s book revolves around the notion of transition, which he proposes is one of the central ideas of the pragmatist tradition but one which had not previously been fully articulated yet nevertheless shapes the pragmatist attitude in philosophy. Transition, according to Koopman, denotes “those temporal structures and historical shapes in virtue of which we get from here to there”. One of the consequences of transitionalism is the understanding of critique and inquiry as historical pro...

Ovaj je zbornik nastao kao rezultat istraživanja provedenog unutar istoimenoga znanstveno-istraživačkoga projekta na kojemu su urednici istovremeno bili i glavni istraživači, a ostali autori članovi istraživačke skupine. Kao svjedoci različitih vrsta otklona od prevladavajućeg, uobičajenoga, normalnoga, pozitivnog ili ponašanja koje se karakterizira kao asocijalno, zapitali smo se – što postojeće čini normom, treba li odstupanje od norme nužno smatrati devijacijom i kakvi su poželjni društveni odgovori na odstupanja od normi. Često se smatra ispravnim upravo ono što je prevladavajuće, a ono (...) što predstavlja otklon označava se kao devijacija u negativnome značenju onoga što nije ispravno, nije posve ispravno, ili čak onoga što treba sankcionirati. Naš je početni stav bio da ono što prevladava ne smije biti neupitna norma, kao što ni ono što je otklon nije po automatizmu devijacija. Međutim, ne smatramo ni da prevladavajuću normu, samom tom činjenicom što je prevladavajuća, nužno treba kritizirati te da je svaki otklon po sebi poželjan. Cilj našeg istraživanja bio je istražiti različite oblike deficita i devijacijau u domeni formiranja vjerovanja individualnih, grupnih, kolektivnih i institucijskih epistemičkih aktera (socijalna epistemologija) i u domeni društvenog i institucijskoga djelovanja (filozofija politike i filozofija psihijatrije). Nastavno na to, pokušali smo identificirati vrijednosti postojećih normi, koliko odgovaraju poželjnim vrijednostima te koji su poželjni društveni odgovori na otklone od normi. (shrink)

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 ...

Explains the concept and conceptions of public justification found in the philosophy and political theory literatures.