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

The practical phenomenon of moral diversity is a central feature of many contemporary societies and poses a distinct problem to moral theory building. Because of its goal to settle the moral question fully and exclusively and/or to provide better understanding of moral disagreement, traditional first-order moral theory often does not provide sufficient guidance to address this phenomenon and moral agency in deeply morally diverse societies. In this article, I move beyond traditional first-order moral theorizing and, based on multilevel social contract (...) theory (Moehler 2018, 2020a), develop a practically sound notion of moral agency for morally diverse societies. The interrelational and dynamic notion of integrated moral agency developed in this article demands that agents actively exercise their rational and affective capacities, are receptive to the capacities of others, and are aware of the type of moral interaction in which they engage with others. The notion of integrated moral agency helps agents to reconcile conflicting first-order moral directives and to maximally protect agents’ autonomy in morally diverse societies. (shrink)

We are witnessing increasing use of the Internet, particular social media, to criticize (perceived or actual) moral failings and misdemeanors. This phenomenon of so-called ‘online public shaming’ could provide a powerful tool for reinforcing valuable social norms. But it also threatens unwarranted and severe punishments meted out by online mobs. This paper analyses the dangers associated with the informal enforcement of norms, drawing on Locke, but also highlights its promise, drawing on recent discussions of social norms. We then consider two (...) crucial conditions that online public shaming must meet in order to be justifiable: proportionality and accountability. We argue that these requirements are in fact frequently violated, rendering most cases of online public shaming unjustified. While the use of online public shaming against others’ vices has some apparent virtues, it is currently rarely justified, given its own vices. (shrink)

Michael Moehler’s Minimal Morality is a wonderful and important book, from which I have learned a great deal. It reinvigorates rational choice moral theory in the process of confronting what I see as the most important issue in social and moral philosophy today: can those in a deeply morally divided society endorse a common moral framework to structure social cooperation? Is a rational moral order possible under conditions of deep and wide moral diversity? Minimal Morality’s answers are thoughtful and innovative. (...) I am not, however, entirely persuaded that Minimal Morality can fulfil its promise of grounding a cooperative order when ‘traditional’ modes moral justification cannot. (shrink)

This paper examines different mechanisms for adjudicating disagreement about distributive justice. It begins with a case where individuals have deeply conflicting convictions about distributive justice and must make a social choice regarding the distribution of goods. Four mechanisms of social choice are considered: social contract formation, Borda count vote, simple plurality vote, and minimax bargaining. I develop an agent-based model which examines which mechanisms lead to the greatest degree of satisfying justice-based preferences over the course iterated social choices. Agents are (...) ascribed two kinds of motivations: they wish to realize justice and to receive a greater package of goods. Each agent seeks to realize her ideal distribution, and the failure to do so leaves agents “disappointed,” resulting in their trading off the pursuit of gains in justice in favor of gains in self-interest. Mechanisms are assessed using the metric of how many agents remain interested in justice over the course of iterated adjudication. The mechanisms are also examined under some non-ideal conditions, such as the presence of power asymmetries or strategic behavior. Several significant results are addressed: social contract formation and simple plurality voting are robust under the conditions considered, bargaining is a highly ineffective means of adjudicating distributive disagreement, and lastly allowing for concessions in justice for gains in self-interest proves to be a crucial mechanism for ensuring the stability of resolutions. (shrink)

Abstract. In Minimal Morality (2018), I develop a multilevel social contract theory that accommodates deep moral pluralism. In this article, I reply to comments by Gaus, Van Schoelandt and Cooper concerning the three core projects of the book that aim to (i) revive orthodox rational choice contractarianism as a viable approach to the social contract, (ii) integrate this approach into a comprehensive social contract theory and (iii) show the applicability of the theory to the real world. My replies clarify some (...) of the main features of the theory, defend its core projects and expand discussion of some of its details in order to show that the theory can address the challenges raised. (shrink)