John Rawls claims that public reasoning is the reasoning of ‘equal citizens who as a corporate body impose rules on one another backed by sanctions of state power’. Drawing on an amended version of Michael Bratman’s theory of shared intentions, I flesh out this claim by developing the ‘civic people’ account of public reason. Citizens realize ‘full’ political autonomy as members of a civic people. Full political autonomy, though, cannot be realised by citizens in societies governed by a ‘constrained proceduralist’ (...) account of democratic self-government, or the ‘convergence’ account of public justification formulated recently by Gerald Gaus and Kevin Vallier. (shrink)

Robert Nozick's Anarchy, State, and Utopia made libertarianism a major theory in political philosophy. However, the book is often misread as making impractical, question‐begging arguments on the basis of a libertarian self‐ownership principle. This essay explains how academic philosophical libertarianism since Robert Nozick has returned to its humanistic, classical liberal roots. Contemporary libertarians largely work within the PPE (politics, philosophy, and economics) tradition and do what Michael Huemer calls “non‐ideal, non‐theory.” They more or less embrace rather than reject ideals of (...) social justice, and they accept that positive liberty is important. The difference between them and Left‐liberals is not so much a dispute over fundamental values, but empirical disagreements about the extent of market versus government failure. In contemporary political philosophy, libertarianism remains a significant but influential minority position.1 Nevertheless, many philosophers have little sense of how libertarian and classical liberal thought has developed and changed after Robert Nozick's seminal Anarchy, State, and Utopia, published in 1974. This essay provides a short guide. The terms “libertarianism” and “classical liberalism” refer to a body of related views about politics, philosophy, and economics. As a body of related ideas, classical liberalism has the unity of a neighborhood more than a house. That said, libertarians and classical liberals generally tend to argue for following two sets of claims: As a matter of justice, each individual has an extensive set of negative civil and economic rights, which cannot easily be overridden in the name of utility, stability, or desirable cultural goals. Granting everyone a wide scope of personal and economic liberty tends to generate good consequences, while restrictions on liberty tend to produce bad consequences. Classical liberals accept that markets and civil society can fail, but they argue government agents generally lack both the competence and the motivation to intervene in ways that fix rather than exacerbate the problems (Mueller, 2003). The first set of arguments is deontological; the second is consequentialist. Early classical liberal thinkers, such as Adam Smith, Adam Ferguson, and David Hume, did not quite recognize this distinction. They made both arguments without any apparent worry that these were different kinds of argument. But Robert Nozick, the most famous libertarian philosopher of the Twentieth Century, seemed to focus almost entirely on rebutting deontological arguments against libertarianism with providing deontological arguments of his own. This tendency, along with the radical contrarianism of certain other mid‐Twentieth Century libertarians, seems to cause the perception that libertarians are impractical and inhumane (Barry, 1975; Sachs, 2012). In contrast to Nozick, contemporary classical liberal thought is largely pre‐occupied with social justice issues and with assessing the expected consequences of adopting various institutions and policies. In a sense, this a return to Adam Smith and origins of classical liberal thought: Contemporary classical liberals are not so much synthesizing left‐liberalism and classical liberalism as they are instead clarifying the basic concerns that have driven mainline classical liberal thought all along.2. (shrink)

This essay examines two different modes of reasoning about justice: an individual mode in which each individual judges what we all ought to do and a social mode in which we seek to reconcile our judgments of justice so that we can share common rules of justice. Social contract theory has traditionally emphasized the second, reconciliation mode, devising a central plan to do so. However, I argue that because we disagree not only in our judgments of justice but also about (...) the degree of reconciliation justice calls for, the social contract presupposes a single, controversial, answer to the proper degree of reconciliation. In place of the social contract’s ‘top-down’ approach, this article explores the idea of self-organizing moral systems, in which each individual, acting on her own views of justice, responds to the decisions of others, forming systems of shared justice. Several basic agent-based models are explored to begin to understand the dynami... (shrink)

Why do thinkers hostile or agnostic toward Christianity find in its apocalyptic doctrines—often seen as bizarre—appealing tools for interpreting politics? This article tackles that puzzle. First, i...

Debates on the practical relevance of ideal theory revolve around Sen's metaphor of navigating a mountainous landscape. In *The Tyranny of the Ideal*, Gerald Gaus presents the most thorough articulation of this metaphor to date. His detailed exploration yields new insight on central issues in existing debates, as well as a fruitful medium for exploring important limitations on our ability to map the space of social possibilities. Yet Gaus's heavy reliance on the navigation metaphor obscures questions about the reasoning by (...) which ideal theories are justified. As a result, Gaus fails to notice the ways in which his theory of the Open Society resembles the ideal theories he aims to dismiss. Ironically, Gaus winds up neglecting the ways in which the Open Society might tyrannize our efforts to realize greater justice. (This article is part of a symposium on Gaus's *The Tyranny of the Ideal*.). (shrink)

One unchanging feature of John Rawls’ thought is that we theorize about well-ordered societies. Yet, once we introduce justice pluralism—the fact that reasonable people disagree about the nature and requirements of justice, something Rawls eventually admits is inevitable in liberal societies—then a well-ordered society as Rawls defines it is impossible. This requires we develop new models of society to replace the well-ordered society in order to adequately address such disagreements. To do so, we ought to remain faithful to those reasons (...) Rawls has for introducing the idea of the well-ordered society in the first place. It is shown that two models that resemble closely Rawls’ model of the well-ordered society but are also capable of dealing with justice pluralism do not perform well when judged against such criteria. Yet a new model of the well-ordered society—one that looks radically different from what Rawls originally imagined—does succeed. (shrink)

Conceptions of acceptability-based moral or political justification take it that authoritative acceptability constitutes, or contributes to, validity, or justification. There is no agreement as to what bar for authoritativeness such justification may employ. The paper engages the issue in relation to (i) the level of idealization that a bar for authoritativeness, ψ, imparts to a standard of acceptability-based justification, S, and (ii) the degree of discursive purchase of the discursive standing that S accords to people when it builds ψ. I (...) argue that (i) and (ii) are interdependent: high idealization values entail low discursive purchase, while high degrees of purchase require low idealization values. I then distinguish between alethic conceptions of justification that prioritize ends that commit to high idealization values, and recognitive conceptions that favour high discursive purchase. On this basis, I argue for a moderately recognitivist constraint on idealization. To render the recognitive discursive minimum available to relevant people at the site of justification, S should set ψ low enough so that it is a genuine option for actual people to reject relevant views in ways that S recognizes as authoritative. (shrink)

While there need be no conflict in theory between addressing global inequality (inequalities between people worldwide) and addressing domestic inequality (inequalities between people within a political community), there may be instances in which the feasible mechanism for reducing global inequality risks aggravating domestic inequality. The burgeoning literature on global justice has tended to overlook this type of scenario, and theorists espousing global egalitarianism have consequently not engaged with cases that are important for evaluating and clarifying the content of their theories. (...) This chapter explores potential tensions between promoting global and domestic inequality. We introduce a class of second-best scenarios that global justice theorists have neglected to demonstrate the importance of such scenarios as an aid to constructing and evaluating ideals of global justice. (shrink)

Models of idealistic societies pervade the history of political thought from ancient times to the present. How can these models contribute to our thinking about political life in our non-ideal world? Not, as many political theorists have hoped, by performing a normative function -- by giving us reasons to accept particular political principles for the purpose of regulating our thought and behavior. Even still, idealistic models can sharpen our thinking about politics by performing a conceptual function -- by helping us (...) clarify and interpret the concepts we use to describe and evaluate political behavior and institutions. These insights point to a more incisive and judicious approach to political inquiry, in which explanatory and normative modes of thought are tightly intertwined. (The manuscript is under review. I have uploaded the table of contents, chapters 1 and 2, and the bibliography. Chapter summaries are available from my website.). (shrink)

This study examines an important aspect of energy history and policy: the intertwinement of energy technologies with ideals. Ideals play an important role in energy visions and innovation pathways. Aspirations to realize technical, social, and political ideals indicate a long-term commitment in the design of energy systems, distinguishable from commitment to other abstract goals, such as values. This study offers an analytical scheme that could help to conceptualize these differences and their impact on energy policy. In the proposed model, two (...) spheres of interaction are highlighted: a material sphere in which values and technologies co-evolve, and an imaginary sphere in which ideals interact with idealized technologies. Furthermore, the relation between these two spheres can be understood in different ways. This study examines three cases that are illustrative of the different roles of ideals in the development of energy technologies and visions: (1) the evolution of safety in nuclear reactor design; (2) visions of atomic power in France; (3) the political idealization of a tidal power scheme in the Severn Estuary. Finally, the developed model implies more general insights for the development of sociotechnical systems. Amongst others, it shows why certain projects and technologies remain a political, but not a techno–economic option. (shrink)

Against philosophical orthodoxy, Hilary Kornblith has mounted an empirically grounded critique of the epistemic value of reflection. In this paper, I argue that this recent critique of the epistemic value of reflection fails even if we concede that (a) the empirical facts are as Kornblith says they are and (b) reliability is the only determinant of epistemic value. The critique fails because it seeks to undermine the reliability of reflection in general but targets only one of its variants, namely individual (...) reflection, while neglecting social reflection. This critique comprises two arguments which have a common structure: they both impose a requirement on the reliability of reflection, but deny, on empirical grounds, that the requirement is met. One argument imposes an introspection requirement, which I reject as superfluous. I show how reflection can proceed without introspection. The other argument imposes an efficacy requirement. This requirement concerns whether reflection is causally efficacious i.e., whether it leads us to change our minds for the better. I accept this as a genuine requirement. Even if we concede that individual reflection fails to meet this requirement, I argue that we have not been given sufficient evidence to believe that social reflection is bound to fail this requirement. Furthermore, my analysis of the conditions under which social reflection works best provides us with prima facie grounds for optimism regarding the reliability of social reflection. Ultimately, then, these arguments fail to undermine the epistemic value of reflection in general. (shrink)

Although many accept the Rawlsian distinction between ‘end-state’ and ‘transitional’ principles, theorists disagree strongly over which feasibility constraint to use when selecting the former. While ‘minimalists’ favor a scientific-laws-only constraint, ‘non-minimalists’ believe that end-state principles should also be constrained by what people could (empirically) accept after reasoned discussion. I argue that a theorist who follows ‘non-minimalism’ will devise end-state principles that cannot be realized (as end-state principles), or cannot be stabilized (as end-state principles), or are indistinguishable in content from those (...) she would have selected had she followed ‘minimalism.’ The paper ends by outlining the implications of my analysis for the broader methodological map of political philosophy. (shrink)

Threats to the stability of liberal democracies are of obvious contemporary import. Concern with stability runs through John Rawls’s work. The stability that concerned him was that of fundamental terms of cooperation. Rawls long believed that the terms which would be stable were his two principles, but he eventually conceded that even a well-ordered society was more likely to be characterized by “justice pluralism” than by consensus on his own conception of justice. Contemporary liberal democracies, too, are divided about what (...) justice demands. I believe Rawls’s treatment of stability can help us understand the conditions under which fundamental terms of cooperation can be stable under non-ideal conditions such as ours. But because Rawls never worked through the consequences of his concession, his view needs to be developed before we can draw on it. Rawls’s treatment makes use of elementary game theory. Thus in _Theory of Justice_ he said -- and in _Political Liberalism_ he implied -- that stability would result from citizens with a sense of justice “playing” strategies which combined for what was, in effect, a Nash equilibrium. I argue that his concession requires a new conception of stability and implies that Rawls cannot appeal to a Nash equilibrium to show how stability would be maintained. His concession therefore forces open a troubling gap in his analysis. I fill that gap by proposing a weaker equilibrium concept that serves Rawlsian purposes. I conclude with what this project suggests for challenges facing the fragile liberal democracies of our own time. (shrink)

The term “social world” is increasingly familiar in philosophy and political theory. Rawls uses it quite often, especially in his later works. But there has been little explicit discussion of the term and the idea of social worlds. My aim in this paper is to show that political philosophers, Rawlsian or not, should think seriously about social worlds and the roles these things play and ought to play in their work. The idea of social worlds can help political philosophers think (...) about what they do in new and fruitful ways and enrich debates about the roles, aims, and methodology of political philosophy. I begin by analyzing Rawls’s uses of “social world.” I then propose a broadly Rawlsian conception of social worlds as logically possible closed networks of social relations between agents. Next, I put this conception to work, arguing that the idea of navigating the landscape of social worlds can help us better understand the four apparently disparate roles of political philosophy that Rawls presents. Moving beyond Rawls interpretation, I use the idea of social worlds to develop an analogy and distinction between world-oriented and principle-oriented approaches to political philosophy. While principle-oriented approaches grant centrality and importance to engagement with principles of justice, legitimacy, or other political concepts, world-oriented approaches grant centrality and importance to engagement with social worlds. I propose two examples of world-oriented approaches, political philosophy as navigation and political philosophy as world-building, and argue that they are viable and worthy of further consideration. (shrink)

This essay provide an overview of debates about the method of political philosophy that have recently gripped the field, focusing on the relationship of theory to practice. These debates can be usefully organized using two oppositions that together carve the field into three broad families of views. Call “practicalism” the view that the theory of justice exists to guide political action. Call “utopianism” the view that reflection on the idea of a just society plays an important role in the theory (...) of justice. Call the view that combines the two positions, “utopian practicalism”. On this view, reflection on the nature of a just society has an important role to play in guiding action. There would appear to be two ways to depart from this position: by rejecting the view's utopianism or its practicalism. So we find in the literature three broad camps: utopian practicalists, anti‐utopians, and anti‐practicalists. This essay provide an opinionated overview the ongoing debates between these three broad positions. It touches on the recent cases against practicalism by G.A. Cohen and David Estlund, the comparativist methodologies advocated by anti‐utopians such as Amartya Sen and Gerry Gaus, and systems failure approaches of Elizabeth Anderson and David Wiens. It also considers the recent development of novel utopian practicalist perspectives in the work of theorists including Erik Wright, Tommie Shelby, Lea Ypi, Pablo Gilabert, and Ben Laurence. (shrink)

This article provides a response to the contributors of this symposium. Notably, I respond to the following objections: that my list of just war criteria is too long on an “ideal” level and too short for practical purposes; that in particular my rejection of legitimate authority is misguided; that I am wrong in claiming that in just war theory the conditions of proportionality and necessity, which are separate in the self-defense justification, must be merged; that my “social practice view” – (...) which denies the existence of an “immutable”, “deep” morality of war and holds instead that widely accepted conventions have moral force and are therefore partly constitutive of the morality of war – faces severe challenges and makes too much of standing to complain and considerations of reciprocity; and that my account of rights forfeiture is mistaken. (shrink)

Por que a teoria política normativa voltada para questões de justiça social e política deveria se ocupar de princípios no âmbito daquilo que John Rawls denominou “teoria ideal”, em contraste com a “teoria não ideal” da justiça? Será que necessitamos desenvolver e refinar uma teoria ideal da justiça para determinar o que a justiça requer nas condições não ideais com as quais no defrontamos? Será que a “teoria ideal” da justiça é capaz de orientar a ação – decisões políticas e (...) escolhas institucionais – em condições não ideais? Se a resposta para essas duas perguntas for “não”, então deveríamos acima de tudo nos empenhar em desenvolver uma teoria não ideal da justiça. Nas versões mais fortes dessa objeção, como a de Amartya Sen em The Ideia of Justice, podemos dispensar inteiramente a teoria ideal da justiça. Contra essa linha de objeção, que também é sustentada, de formas distintas, por autores como Onora O’Neill, Colin Farrelly e Charles Mills, este artigo desenvolve uma argumentação em duas etapas. Em primeiro lugar, sustenta-se que há razões para valorizar a teorização ideal que são independentes da relação que possa ter com a teoria não ideal. Em uma segunda etapa, sustenta-se que a teoria ideal da justiça, embora deixe enorme quantidade de trabalho (empírico e normativo) a ser feito, é imprescindível para determinar o que a justiça requer de nós aqui e agora. (shrink)

This dissertation identifies and responds to a problem for liberal relational egalitarians. There is a prima facie worry about the compatibility of liberalism and relational egalitarianism, concerning the requirements of equality in informal social life. Liberalism at least involves a commitment to leaving individuals substantial discretion to pursue their own conceptions of the good. Relational equality is best understood as a kind of deliberative practice about social institutions and practices. Patterns of otherwise innocuous social choices (e.g., where to live, whom (...) to befriend or marry) can create emergent, severe differentials in power, status, and influence, and when they do they can threaten relational equality. If relational equality required individuals to subordinate personal choices to egalitarian considerations, it would run into conflict with liberal commitments. In response, I defend the value of accepting an imperfect realization of relational equality. What I call fair relational equality demands that members of society treat some informal social norms and practices as part of the basic structure of society, in need of justification. Three practices are required to meet that demand. First, the relational-egalitarian society must develop institutional strategies to preempt or mitigate tendencies toward emergent inequality as they are identified. Second, members of society must engage in broad social deliberation about the norms and expectations of informal social interaction. Third, they must be willing to reform social practices where doing so does not impinge on important personal projects and values. (shrink)

This paper defends a particular view of explaining reasonable disagreement: the Conceptual View. The Conceptual View is the idea that reasonable disagreements are caused by differences in the way reasonable people use concepts in a cognitive process to make moral and political judgements. But, that type of explanation is caught between either an explanatory weakness or an unparsimonious and potentially self-undermining theory of concepts. When faced with deep disagreements, theories on the Conceptual View either do not have the resources to (...) explain them, or can only explain them by committing to a completely new theory of concepts where all moral and political concepts are a unique type of concept. This paper shows how the Conceptual View can avoid this dilemma by adopting what I dub the ‘Metalinguistic Strategy’ for explaining reasonable disagreement. The Metalinguistic Strategy uses recent innovations in the philosophy of language on metalinguistic negotiation to explain reasonable disagreements whether they be ordinary or deep disagreements as genuine disagreements whilst maintaining our ordinary ideas about concepts. (shrink)

Recent years have seen a certain impatience with John Rawls's approach to political philosophy and calls for the discipline to move beyond it. One source of dissatisfaction is Rawls's idea of a well-ordered society. In a recent article, Alex Schaefer has tried to give further impetus to this movement away from Rawlsian theorizing by pursuing a question about well-ordered societies that he thinks other critics have not thought to ask. He poses that question in the title of his article: “Is (...) Justice a Fixed Point?.” Though Schaefer is critical of Rawlsian political theorizing, I shall contend that his arguments also suggest two paths forward for those who would follow the Rawlsian approach. First, the intellectual devices Schaefer deploys help those who would continue the Rawlsian project to see, and precisely to chart, the next step that that project needs to take—a step necessitated by a concession Rawls himself made late in the development of political liberalism. Second, the clarity and economy with which Schaefer lays out his alternative to the Rawlsian approach make it possible to state some fundamental Rawlsian challenges to a form of theorizing that has considerable appeal to many critics of that approach. (shrink)

Business owners sometimes refuse to transact with certain customers on principle, given some normative (political, personal, moral, or religious) commitment which they hold. I call such refusals ‘conscientious refusals.’ Evaluating two possible positions on the permissibility of vendor conscientious refusals, I argue in favor of an impersonal market in which vendor conscientious refusals are generally not justified. I argue impersonal norms, which crowd out conscientious considerations, support pluralist, healthy markets from which we reap individual and communal benefits; further, impersonal markets (...) buttress individual freedom by providing a distinctive sphere of activity characterized by norms of radical inclusivity. These considerations constitute a strong case that vendor conscientious refusals are ceteris paribus unjustified. I conclude by addressing several potential objections to this view. (shrink)

Formulated as a common conceptual ground for all democracies, Popper's notion of the open society sprang from the mid-20th century context that demonstrated democracy's vulnerability to hijacking through its own electoral mechanisms. Popper's concept may accordingly be considered as a resource for combatting the populist appeal to majority decision and its threat of diminishing individual and minority rights. I examine the affirmative and critical aspects of such a consideration. On the affirmative side, the open-society concept allows room for both majority (...) decision and the rights of individuals and minorities, as well as for particular group identities and class demands, showing that they may all cooperate to facilitate the growth of liberty, knowledge and the quality of life. Democratic institutions are justified from the grounds of this concept. Populism's equation of democracy with majority decision is, thus, incompatible with democracy's essence: decision by majority exists to cater to the vision that justifies that mode of decision making itself and cannot stay legitimate if it scuttles that vision. The more critical interpretation focuses on a detail of the open society's projected development. Popper tasks democracy's institutions with assuring conditions for progress through the expansion of knowledge. Popper expects the same process to modify the civic sphere's scope and content, as political bodies will be increasingly exposed to the expanding insights of scholarship and science. This anticipation involves grading the agents engaged in these two respective spheres, as well as looking forward to the ascendancy of one of them. Accordingly, the open-society concept might validate claims that, when seeking to confine the scope of majority decision through an emphasis on rights and law, constitutionalist and liberal approaches to democracy are subtly elitist. (shrink)

The revival of republicanism was meant to challenge the hegemony of liberalism in contemporary political theory on the grounds that liberals show insufficient concern with institutional protection against political misrule. This article challenges this view by showing how neorepublicanism, particularly on Philip Pettit’s formulation, demands no greater institutional protection than does political liberalism. By identifying neutrality between conceptions of the good as the constraint on institutional requirements that forces neorepublicanism into the liberal framework, the article shows that neutrality is what (...) neorepublicans must jettison to offer a tenable critique of liberalism. Only then can neorepublicans ensure greater protection against misrule by demanding that citizens participate more actively in politics. They can then also criticize liberalism for failing to appreciate the importance of such protection. (shrink)

On a standard Aristotelian account, the moral virtues and vices stand in an asymmetric relationship to one another. To help explain this asymmetry, I argue that the vices share significantly less common structure than many think. That there are many ways for agents to get it wrong gives us prima facie reason to think that the vices lack a robust common structure. Further, the most promising candidates for a common structure of the vices fall short. These are that (a) the (...) vices have the common structure of being excesses and deficiencies, (b) the vices result from agents' unreflectively taking their inclinations as their ends, and, relatedly, (c) the vices result from rational corruption. Argument (b), which Terence Irwin and others endorse, is the most promising one, so I focus on it. But it, too, faces weighty objections. I conclude that none of these important arguments establishes the existence of a robust common structure of the moral vices. The great variety of moral vices is a puzzling phenomenon that continues to stand in need of explanation. (shrink)

Critics allege that justice as mutual advantage excludes vulnerable people and is thus inadequate as a conception of justice. Building on Peter Vanderschraaf’s Strategic Justice, this paper considers three distinct vulnerability objections. After Sect. 1 clarifies the “vulnerable,” Sect. 2 discusses an objection according to which it is impossible for a mutual advantage view to protect the vulnerable. Answering this objection only requires a possibility proof, such as that Vanderschraaf provides. Section 3 discusses an objection according to which it is (...) merely contingent whether, not guaranteed that, a mutual advantage view protects the vulnerable. Mutual advantage theorists indeed cannot provide such guarantees, so they must argue that such guarantees are too much to demand from a conception of justice. Section 4 discusses an objection according to which it is improbable that a mutual advantage view will protect the vulnerable. Addressing this concern opens paths for future fruitful research, including considering the conditions that make including the vulnerable more or less likely as well as the conditions that facilitate cooperative ability or create vulnerability. Section 5 builds on the foregoing by emphasizing the diversity of vulnerabilities along with the broader social contract tradition’s diversity of strategies for addressing vulnerability. (shrink)

Principles of justice, David Estlund argues, cannot be falsified by people’s unwillingness to satisfy them. In his Utopophobia, Estlund rejects the view that justice must bend to human motivation to deliver practical implications for how institutions ought to function. In this paper, I argue that a substantive argument against such bending of justice principles must challenge the reasons for making these principles sensitive to motivational limitations. Estlund, however, provides no such challenge. His dispute with benders of justice is therefore a (...) verbal one over the true meaning of justice, which need not worry those with the intuition that justice should perform a function that requires bending. By focusing on John Rawls’s reasons for bending his justice principles, I point towards a substantive critique of bent justice. (shrink)

Ideal theorists aim to describe the ideally just society. Problem solvers aim to identify concrete changes to actual societies that would make them more just. The relation between these two sorts of theorizing is highly contested. According to the benchmark view, ideal theory is prior to problem solving because a conception of the ideally just society serves as an indispensable benchmark for evaluating societies in terms of how far they deviate from it. In this paper, I clarify the benchmark view, (...) argue that existing criticisms of it are unsuccessful, and develop a novel redundancy objection to the benchmark view and the claim of priority it allegedly entails. I then consider the extent to which ideal theory might facilitate problem solving without being prior to it and argue that it can only play a modest role in this regard. The upshot is that ideal theory is neither required for nor especially relevant to problem solving—but it is not completely irrelevant either. It facilitates problem solving to some limited degree, but no more, say, than theorizing about dystopia. (shrink)

Eva Erman and Niklas Möller have recently presented a trenchant critique of my (2015) argument that ideal normative theories are uninformative for certain practical purposes. Their criticisms are largely correct. In this note, I develop the ideas behind my earlier argument in a way that circumvents their critique and explains more clearly why ideal theory is uninformative for certain purposes while leaving open the possibility that it might be informative for other purposes.

Ratio Juris, Volume 35, Issue 2, Page 99-122, June 2022.

What can we know? How should we live? What is there? Philosophers famously diverge in the answers they give to these and other philosophical questions. It is widely presumed that a lack of convergence on these questions suggests that philosophy is not progressing at all, is not progressing fast enough, or is not progressing as fast as other disciplines, such as the natural sciences. Call the view that ideal philosophical progress is marked by at least some degree of convergence on (...) the core philosophical questions the pro-convergence thesis. I will argue that there is reason to reject the pro-convergence thesis in favor of the anti-convergence thesis, the view that significant viewpoint convergence is at odds with the aims of a philosophically ideal community. The argument centers on a thought experiment about two different philosophical communities. (shrink)

In this paper, I develop an epistemological argument for freedom from poverty, building on Gerald Gaus’ work on political and moral disagreement in New Diversity Theory (NDT). NDT argues that diversity and disagreement are fundamental to political and moral learning. In this paper, I address Gaus’ central arguments in NDT, and focus on what I argue to be the key epistemological distinction of his account—namely, the argument that the relevant diversity, which is conducive to political and moral learning and should (...) therefore be protected by an institutional order, should not be defended or defined by reference to its performance with regards to discovery of true beliefs, but by reference to the independent epistemic value of protection of disagreeing, redundant and distant investigators. I develop a restatement of this argument from the perspective of institutional epistemology, and show that (along with constitutional liberties, polycentric self-governance and markets) freedom from poverty must be considered an institutional “device” conducive to such a conception of diversity. While Gaus rejects redistributive policies at the level of an institutional order, it is precisely his account of the epistemic powers of diversity and disagreement which provides the strongest defense of minimal redistribution. (shrink)

In Strategic Justice, Peter Vanderschraaf introduces a “Baseline Consistency” criterion for Justice as Mutual Advantage. This criterion requires assessing how well individuals fare under existing conventions with how well they would fare under hypothetical social conditions. However, this comparison requires the impossible. Under different social conditions, individuals would have different preferences and different interests. As such, we cannot make any direct comparison between how well an individual fares across the two social conditions. The standard of assessment would change from one (...) context to the other. In order to apply the Baseline Consistency criterion, Vanderschraaf would need to justify an interpersonally valid standard for individual welfare, but this is incompatible with his Neo-Hobbesian method. If he abandoned the Baseline Consistency criterion, however, Vanderschraaf faces the “too many equilibria” problem. Conventions that are clearly objectionable would be considered just. (shrink)

The modern social world is unjust. It is also complex. What does this latter fact imply about the kind of approach that should be used in ameliorating the injustice expressed in the former fact? One answer, recently put forth by Jacob Barrett, is that _ideal theory_, which he understands as being fundamentally defined by the identification and subsequent pursuit of an aspirational macro-level institutional goal, lacks a place in social reform. The reason he thinks ideal theory lacks a place has (...) to do with its inability to deal with complexity. _Pace_ Barrett, I argue that ideal theory, suitably understood, can play a valuable role in social reform in a complex world. While some ideal theorists have underappreciated the extent to which complexity considerations complicate social reform, this does not mean that there is no place for it. This paper surveys the resources ideal theory has available to cope with what I call _the challenge of complexity_. Although the coping techniques will be successful to varying degrees, I believe, in aggregate, a compelling case can be made that ideal theory can combat the challenge of complexity. Still, one may worry that even if ideal theory can adequately deal with complexity, it cannot adequately deal with ever-changing social circumstances. Call this _the dancing landscape objection_. A static ideal theory cannot overcome it, but a _dynamic ideal theory_ could. In sum, dynamic ideal theory can contribute to social reform in a complex and mutable social world. (shrink)

When Buchanan discusses the constitutional changes that members of society would agree to, he uses the status quo as the default. If no agreement occurs, we continue with the constitutional rules that are currently in place. This article argues that this choice results in an unjustified status quo bias. To make this point, I examine and challenge three possible arguments in favor of using the status quo as the default. Then, I give two arguments in favor of a form of (...) contractarianism that does not use the status quo as a default. (shrink)

This article challenges the association between realist methodology and ideals of legitimacy. Many who seek a more “realistic” or “political” approach to political theory replace the familiar orientation towards a state of justice with a structurally similar orientation towards a state of legitimacy. As a result, they fail to provide more reliable practical guidance, and wrongly displace radical demands. Rather than orienting action towards any state of affairs, I suggest that a more practically useful approach to political theory would directly (...) address judgments, by comparing the concrete possibilities for action faced by real political actors. (shrink)

The nature of state governance in consolidated liberal democracies has important implications for the ideal theory debate. The states of these societies are polycentric. Decision-making power within them is disaggregated across multiple sites. This rules out one major justification for ideal theory. On this influential view, the ideal furnishes a blueprint of the morally perfect society that we should strive to realise. This justification is not viable in consolidated liberal democracies because their states lack an Archimedean point from which the (...) institutional structure as a whole can be designed to accord with the true ideal – whichever it might be. However, knowledge of the ideal can still aid agents in those societies to determine the worth of more modest political objectives other than the ideal itself. (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 paper deals with the methodological clash between idealism and anti-idealism in political philosophy, and highlights its importance for public reason (PR) and public justification (PJ) theorising. Upon reviewing the broader context which harks back to Rawls’s notion of a realistic utopia, we focus on two major recent contributions to the debate in the work of David Estlund (the prototypical utopian) and Gerald Gaus (the cautious anti-utopian). While Estlund presents a powerful case on behalf of ideal theorising, claiming that motivational (...) incapacity and other non-ideal features of “human nature” – the so-called bad facts – do not normally refute the desirability of highly utopian theories of justice, we show that Gaus is correct in stressing the importance of feasibility considerations, including empirical knowledge about human societies. Because moral disagreement is to be expected even among cognitively and morally excellent reasoners, we argue that Estlund’s search for Truth about justice must idealise away normative diversity as just another bad fact. This methodological dispute has important ramifications for current debates about PR and PJ as the grounds of liberal legitimacy. Because consensual approaches rely on strong idealisation which results in exclusion of numerous comprehensive doctrines from consideration, we conclude that convergence-based liberal political theory has distinct advantage as regards exploiting normative diversity to the advantage of everyone. (shrink)

Talk about social or distributive justice, at least among legal and political philosophers, tends to focus heavily on institutions. This way of thinking about justice owes a great deal to John Rawls. Rawls’s theory of justice was famously criticised by Robert Nozick, who in turn attracted an influential critique from G. A. Cohen. The story of these critiques is well known, but this article tells it in an unfamiliar way. The common theme in Nozick’s and Cohen’s arguments, I contend, is (...) that there is a way of thinking about social justice that focuses not primarily on institutions, but rather on interpersonal relationships. I call this idea small justice. Justice, on this view, is identified with whatever institutions would arise through a process of social evolution from ethical interpersonal dealings repeated consistently over time. (shrink)

Proponents of political experiments in living, such as Elizabeth Anderson and Ryan Muldoon, often emphasize their potential to generate useful observational data about the relation between social rules and ethically desirable outcomes. This paper highlights another epistemic dimension of political experiments: their potential to transform the cognitive perspectives of participants. I argue that this transformative dimension of experimentation offers an endogenous societal mechanism for increasing perspectival diversity. I explore the implications of this mechanism for institutional design.

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)

What is the relevance of ideals for determining virtuous argumentative practices? According to Bailin and Battersby (2016), the telos of argumentation is to improve our cognitive systems, and adversariality plays no role in ideally virtuous argumentation. Stevens and Cohen (2019) grant that ideal argumentation is collaborative, but stress that imperfect agents like us should not aim at approximating the ideal of argumentation. Accordingly, it can be virtuous, for imperfect arguers like us, to act as adversaries. Many questions are left unanswered (...) by both camps. First, how do we conceptualize an ideal and its approximation? Second, how can we determine what is the ideal of argumentation? Third, can we extend Stevens and Cohen’s anti-approximation argument beyond virtue theory? In order to respond to these questions, this paper develops a second-best perspective on ideal argumentation. The Theory of the Second Best is a formal contribution to the field of utility (or welfare) optimization. Its main conclusion is that, in non-ideal circumstances, approximating ideals might be suboptimal. (shrink)

Contrary to comparativist critics of ideal theory, I argue that ideal institutions become relevant for issues of nonideal theory through their role as part of the ideal guidance approach (IGA). So far, the most important argument against the IGA has been the second-best argument. However, this argument is only damaging for the IGA under certain conditions: Firstly, when the ideal is not realizable, and, secondly, when the path to the ideal does not contain the second-best world. Since it is an (...) empirical question whether this is the case, the article discusses the empirical relevance of the second-best argument. By employing causal mechanisms identified in the institutionalist literature – path dependence and institutional complementarity – I argue that the IGA actually offers better prospects for the evaluation of nonideal alternatives than the comparative approach. This is, because the latter systematically excludes the information of how an ideal institutional design looks like from consideration. I also discuss and reject the objection that a more comprehensive version of the comparative approach could take these issues into consideration: Such an approach is either epistemically infeasible or very similar to the IGA. (shrink)