This article responds to an article by Francis J. Beckwith that argued that the consistent application of generic liberal principles requires that same-sex marriage not be recognised in civil law. This response demonstrates that Beckwith's article contains a series of interpretative and substantive flaws that render his argument unsuccessful. These relate to a misinterpretation of core liberal principles and a sidestepping of the matter of undue bias against same-sex partners. In correcting these flaws I tentatively propose a Voltairean argument in (...) favour of same-sex civil marriage for those citizens with moral qualms about same-sex relationships derived from their reasonable comprehensive doctrine. (shrink)

In his recent bookThe Idea of Justice, Amartya Sen suggests that political philosophy should move beyond the dominant, Rawls-inspired, methodological paradigm – what Sen calls ‘transcendental institutionalism’ – towards a more practically oriented approach to justice: ‘realization-focused comparison’. In this article, I argue that Sen's call for a paradigm shift in thinking about justice is unwarranted. I show that his criticisms of the Rawlsian approach are either based on misunderstandings, or correct but of little consequence, and conclude that the Rawlsian (...) approach already delivers much of what Sen himself wants from a theory of justice. (shrink)

Je propose ici un argument « dilemmatique » en faveur de l’anti-paternalisme libéral. Soit il est vrai, comme le soutiennent les kantiens, que les règles impersonnelles, impartiales et universelles jouissent d’une priorité éthique ; soit il est vrai, comme le soutiennent des communautariens comme MacIntyre, que de telles règles ne jouissent pas d’une priorité éthique. Si les kantiens ont raison, alors – comme le veut la sagesse conventionnelle des manuels de philosophie politique – la neutralité de l’Etat à l’endroit des (...) conceptions du bien est justifiée. Et si les communautariens ont raison, alors – étonnamment – la neutralité de l’Etat est aussi justifiée. Donc la neutralité de l’Etat est justifiée. La première prémisse étant tautologique, elle s’impose d’elle-même. La seconde prémisse, établissant un lien entre priorité des règles universelles et neutralité de l’Etat, est trop connue pour retenir ici notre attention. La troisième prémisse, en revanche, établissant un lien entre la non-priorité des règles universelles et la neutralité de l’Etat, sonne comme un paradoxe. C’est donc sur elle que portera l’examen.I shall offer here a “dilemmatic” argument for liberal anti-paternalism. Either it is the case – as Kantians maintain – that impersonal, impartial and universal rules enjoy ethical priority ; or it is the case – as Communitarians like MacIntyre maintain – that universal rules do not enjoy any such priority. If Kantians are right, then – as suggested by the conventional wisdom of textbooks in political philosophy – State-neutrality towards conceptions of the good is justified. And if Communitarians are right, then – surprisingly – State-neutrality is justified too. Therefore State-neutrality is justified. The first premiss is tautological, and needs no special study. The second premiss, linking the priority of universal rules to State-neutrality, is too well known to deserve our attention. But the third premiss, linking the non-priority of universal rules to State-neutrality, sounds like a paradox. The paper thus focuses on that third controversial premiss. (shrink)

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

Political liberalism, or public reason liberalism, has taken a decisive turn towards the Convergence Conception of public justification and away from the orthodox Consensus Conception. Convergence theorists argue that public justification should be understood as all reasonable people having some conclusive reason to endorse coercively enforced moral rules that are issue and context specific. They argue for this on the basis that, given the nature of deep moral and political disagreement, only the Convergence Conception can show reasonable people how to (...) achieve a stable political order. I argue however that the Convergence Conception faces the Verbal Agreement Objection which puts pressure on its claims to show people how to maintain a political order. This is because at its core it involves a tension between its account of the nature of the agreements that constitute public justification and the objects of those agreements that make it highly sensitive to context changes. (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)

One of the main challenges faced by realists in political philosophy is that of offering an account of authority that is genuinely normative and yet does not consist of a moralistic application of general, abstract ethical principles to the practice of politics. Political moralists typically start by devising a conception of justice based on their pre-political moral commitments; authority would then be legitimate only if political power is exercised in accordance with justice. As an alternative to that dominant approach I (...) put forward the idea that upturning the relationship between justice and legitimacy affords a normative notion of authority that does not depend on a pre-political account of morality, and thus avoids some serious problems faced by mainstream theories of justice. I then argue that the appropriate purpose of justice is simply to specify the implementation of an independently grounded conception of legitimacy, which in turn rests on a context- and practice-sensitive understanding of the purpose of political power. (shrink)

Kant’s essays in the philosophy of history, such as Universal History and Conjectural Beginning, offer a speculative account of the gradual development of reason in our species and of the way the mature use of reason can be attained. Such mature use of reason, as Kant explains a few years later in the published Anthropology, is characterized by abandoning the standpoint of “practical egoism” and learning how to exercise the psychological disposition to “pluralism”. To be a pluralist, he claims, means (...) to be capable of seeing things from other people’s standpoints, of giving deliberative weight to the needs of others, and of taking part in universally valid judgments. But Kant is never explicit about what is required in order to become a pluralist, nor does he explain what it means to be a pluralist beyond a brief remark in the Anthropology. My paper takes a detailed look at this under-studied notion and offers a novel account of this notion. I explicate the features of pluralistic thinking and I connect this notion to the public use of reason, the three maxims of common human understanding, and the role played by interpersonal communication in advancing the progress of our rational capacities. I also explain the key role of education in reason’s development and the conceptual relationship between the enlightenment of an individual and the enlightenment of the human species. (shrink)

I consider the problem of political pluralism for political liberalism: that not everybody agrees on fundamental political principles. I critically examine three defenses of liberal principles in situations of political pluralism—the realist defense, the pragmatic defense, and Gerald Gaus’ “justificatory liberalism”—all of which I find wanting. Instead, I propose a dialectical approach to justifying political liberalism. A dialectical approach is based on engaging contradictory positions through conceptual investigation of key concepts claimed by both sides. Through such dialectical engagement, I seek (...) a way to deal with contradictions between liberal and non-liberal philosophies as conceptual issues, rather than as antagonisms beyond reason. The ambition is to contribute to a more robust liberalism capable of defending itself in contexts of political pluralism. As an example, I apply this dialectical approach to the disagreement between political Islam and political liberalism on t... (shrink)

How does public discussion contribute to the reasonableness with which power is exercised in a democracy? Contemporary answers to this question (such as formulated by Rawls or Habermas), are often based upon two interconnected preconceptions. These are, 1. the idea that the value of public discussion lies primarily in the fact that citizens can reach a reasonable consensus through argumentation and discussion and, 2. the belief that the exercise of power is legitimate only if it is determined by a reasonable (...) consensus among citizens. In this sense, 'reasonable consensus among citizens' eliminates, under ideal conditions, the 'autonomy' of the exercise of power. However, these ideals of democracy appear to conflict with certain aspects of democratic society; aspects, moreover, which we tend to value quite highly. I therefore advance an alternative account of the reasonableness of power in democratic societies; one which acknowledges both the characteristically unlimited scope of public discussion in democratic society and the fact that such discussion rarely or perhaps even never ends in a general consensus. In order to elucidate the democratic character of society we must explain the relationship between discussion and power in such a way that we understand both the need for discussion and the necessity of an autonomous exercise of power. (shrink)

Public justification in political liberalism is often conceptualized in light of Rawls’s view of its role in a hypothetical well-ordered society as an ideal or idealizing form of justification that applies a putatively reasonable conception of political justice to political matters. But Rawls implicates a different idea of public justification in his doctrine of general reflective equilibrium. The paper engages this second, more fundamental idea. Public justification in this second sense is actualist and fundamental. It is actualist in that it (...) fully enfranchises actual reasonable citizens. It is fundamental in that political liberalism qualifies conceptions of political justice as reasonable to begin with only if they can be accepted coherently by actual reasonable citizens. Together, these features invite the long-standing concern that actualist political liberalism is objectionably exclusionary. I argue that the exclusion objection, while plausible, is more problematic in own right than it seems if actualist and fundamental public justification hypotheticalizes and discursive respect is compatible with substantive discursive inequality. This leaves proponents and critics of political liberalism with deeper questions about the nature of permissible discursive inequality in public justification. (shrink)

The discussion develops the view that public justification in Rawls’s political liberalism, in one of its roles, is actualist in fully enfranchising actual reasonable citizens and fundamental in political liberalism’s order of justification. I anchor this reading in the political role Rawls accords to general reflective equilibrium, and examine in its light the relationship between public justification, pro tanto justification, political values, full justification, the wide view of public political culture and salient public reason intuitions. This leaves us with the (...) question of how a more plausible, post-Rawlsian political liberalism should understand the commitment to discursive respect and robust discursive equality that is reflected in its view of actualist and fundamental public justification. (shrink)

Supporters of Justificatory Liberalism (JL)—such as John Rawls and Gerard Gaus—typically maintain that the state may not coerce its citizens on matters of constitutional essentials unless it can provide public justification that the coerced citizens would be irrational in rejecting. The state, in other words, may not coerce citizens whose rejection of the coercion is based on their reasonable comprehensive doctrines (i.e., worldviews). Proponents of the legal recognition of same-sex marriage (SSM) usually offer some version of JL as the most (...) fundmental reason why laws that recognize marriage only if it is a union between one man and one woman are unjust. In this article I argue that the application of JL in support of legal recognition of SSM does not succeed because the issue under scrutiny—the nature of marriage—is deeply embedded in, and in most cases integral to, many (if not most) citizens’ reasonable comprehensive doctrines. Thus, I argue that because of the effects and consequences of the legal recognition of SSM, it results (or will result) in a violation of JL against dissenting citizens. (shrink)

Proponents of political liberalism standardly assume that the citizens of an ideal liberal society would be overwhelmingly reasonable. I argue that this assumption violates political liberalism's own constraints of realism—constraints that are necessary to frame the central problem that political liberalism aims to solve, that is, the problem of reasonable pluralism. To be consistent with these constraints, political liberalism must recognize that, as with reasonable pluralism, widespread support for unreasonable moral and political views is an inevitable feature of any liberal (...) society. I call this the fact of unreasonable pluralism. This fact threatens Rawlsian political liberalism's account of stability because an overlapping consensus cannot stably order a society pervaded by unreasonable views. My argument also raises questions about the coherence of Rawls's conception of ideal theory. (shrink)

This Thesis reconsiders the prospects for an approach to global justice centring on the proposal that every human being should possess a certain bundle of goods, which would include certain members of a distinctive category: the category of capabilities. My overall aim is to present a clarified and well-developed framework, within which such claims can be made. To do this, I visit a number of regions of normative and metanormative theorising. I begin by introducing the motivations for the capability approach, (...) and clarifying some of its most distinctive features. Next, I focus on Martha Nussbaum's version of the approach, and identify several problems therein. The most important concerns epistemology, and especially the challenges that constructivist theories pose. The middle part of the Thesis presents an alternative, based on the work of John McDowell, which I argue has superior prospects. Then, I turn to two further problems: that of making sense of the universalistic aspirations of cosmopolitanism, and that of integrating the microscopic prescriptions of ethics with the macroscopic analyses of political philosophy. Using the Aristotelian interpretation of its core framework that I have developed, I conclude that the capability approach can provide compelling answers to important questions about global justice. (shrink)