John Rawls shares the Enlightenment's commitment to finding moral and political principles which can be reflectively endorsed by all individuals autonomously. He usually presents reflective autonomy in Kantian, rationalist terms: autonomy is identified with the exercise of reason, and principles of justice must be constructed which are acceptable to all on the basis of reason alone. Yet David Hume, Adam Smith and many other Enlightenment thinkers rejected such rationalism, searching instead for principles which can be endorsed by all on the (...) basis of all the faculties of the human psyche, emotion and imagination included. The influence of these sentimentalists on Rawls is clearest in his descriptive moral psychology, but I argue that it is also present in Rawls's understanding of the sources of normativity. Although this debt is obscured by Rawls's explicit "Kantianism," his theory would be strengthened by a greater understanding of its debts to the sentimentalist Enlightenment. (shrink)

The aim of this paper is threefold. First, I critically examine two dominant Kantian views of practical justification and argue that they cannot provide an appropriate account of the normative force of moral and political principles. Secondly, as the main reason for these unsuccessful attempts, I identify a certain interpretation of Kant's account of practical judgement. Finally, I point to some of the differences between this interpretation and Kant's own claims on practical judgement, in order to suggest an alternative approach; (...) I also note the tension between slogans, like ‘political, not meta – physical’ or ‘we must stay philosophically on the surface’, on the one hand, and, on the other, the appeal this alternative approach must make to some elements of Kant's metaphysics. (shrink)

Two normative principles of toleration are offered, one individual-regarding, the other group-regarding. The first is John Stuart Mill’s harm principle; the other is “Principle T,” meant to be the harm principle writ large. It is argued that the state should tolerate autonomous sacrifices of autonomy, including instances where an individual rationally chooses to be enslaved, lobotomized, or killed. Consistent with that, it is argued that the state should tolerate internal restrictions within minority groups even where these prevent autonomy promotion of (...) members of the group. Finally, it is argued that toleration excludes external protections of minority groups. (shrink)

The dissertation defends that the often-assumed link between constructivism and universalism builds on non-constructivist, perfectionist grounds. To this end, I argue that an exemplary form of universalist constructivism – i.e., O’Neill’s Kantian constructivism – can defend its universalist commitments against an influential particularist form of constructivism – i.e., political liberalism as advanced by Rawls, Macedo, and Larmore – only if it invokes a perfectionist view of the good. (En route, I show why political liberalism is a form of particularism and (...) reconstruct the role of its conception of public justification, its implied contextualism about justified belief, its conceptions of toleration, neutrality, good reasons, and legitimacy, and, not least, its justification-constitutive conception of reasonableness.) Contrary to what is often assumed, then, at the level of a vindication of the very project of a universalist constructivism, universalist constructivists should construe perfectionists not as their opponents, but as partial, though uneasy, allies. (shrink)

(In German.) The book addresses Rawls's post-1985 political liberalism. His justification of political liberalism -- as reflected in his arguments from overlapping consensus -- faces the problem that liberal content can be justified as reciprocally acceptable only if the addressees of such a justification already endorse points of view that suitably support liberal ideas. Rawls responds to this legitimacy-theoretical problem by restricting public justification's scope to include reasonable people only, while implicitly defining reasonableness as a substantive liberal virtue. But this (...) virtue-ethical grounding of political liberalism is itself unreasonable. The phenomenon of disharmony of practical reason gives the reasonable reasons to take it that political legitimacy does not obtain if and where moral-political principles are acceptable from their point of view only. (shrink)

With the publication of A Theory of Justice in 1971, John Rawls not only rejuvenated contemporary political philosophy but also defended a Kantian form of Enlightenment liberalism called “justice as fairness.” Enlightenment liberalism stresses the development and exercise of our capacity for autonomy, while Reformation liberalism emphasizes diversity and the toleration that encourages it. These two strands of liberalism are often mutually supporting, but they conflict in a surprising number of cases, whether over the accommodation of group difference, the design (...) of civic education, or the promotion of liberal values internationally. During the 1980’s, however, Rawls began to jettison key Kantian characteristics of his theory, a process culminating in the 1993 release of Political Liberalism and completing the transformation of justice as fairness into a Reformation liberalism. -/- Reconstructing Rawls argues that this transformation was a tragic mistake because it jeopardized the most important features of his theory, viz. the lexical priorities of right, liberty, and fair equality of opportunity as well as the difference principle. Controversially, this book contends that Rawls’s so-called “political turn,” motivated by a newfound interest in diversity and the accommodation of difference, has been unhealthy for autonomy-based liberalism and has pushed liberalism more broadly towards cultural relativism, be it in the guise of liberal multiculturalism or critiques of cosmopolitan distributive-justice theories. The book then demonstrates that the central elements of justice as fairness can only be defended within the context of a Kantian Enlightenment liberalism and that Rawls’s hope for a more pluralistic grounding for his theory, endorsed by a wide variety of belief systems present in modern democratic societies, is illusory. -/- Reconstructing Rawls is the first book to systematically compare Rawls’s and Kant’s theories and the first to offer an internal critique and reconstruction of justice as fairness, reconceiving it as a comprehensive, universalistic Kantian liberalism. By doing so, it gives us both the vision of a liberal world order—“a republicanism of all states, together and separately,” as Kant put it—and a mode of justification addressed to all men and women, not as members of particular nations, races, and faiths, but as human beings, as citizens of the world. In short, it reclaims Rawls for the Enlightenment. (shrink)

Attempting to settle various debates from recent literature regarding its precise nature, I offer a detailed conceptual analysis of toleration. I begin by isolating toleration from other notions; this provides us some guidance by introducing the eight definitional conditions of toleration that I then explicate and defend. Together, these eight conditions indicate that toleration is an agent’s intentional and principled refraining from interfering with an opposed other (or their behavior, etc.) in situations of diversity, where the agent believes she has (...) the power to interfere. This non-normative definition can serve as a preliminary to normative discussions of toleration. (shrink)

One source of controversy surrounding John Rawls's later work — a source of both criticism and praise — has been the impression that he abandoned the philosophical project of figuring out what is truly just, in favour of the political project of working out a feasible consensus for people from a particular political tradition. One aspect of this controversy is the question of whether Rawls could advance his theory as being worthy of endorsement on the basis of good reasons without (...) also claiming it to be true. In preferring to claim reasonableness rather than truth, Rawls's main concern seems to have been to distinguish the ‘whole truth’ as represented by a particular comprehensive religious or philosophical doctrine, from the truth about politics given that reasonable people will inevitably disagree about the whole truth. (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)

Political liberals argue that religious citizens should exercise religious restraint: they ought, at least as a rule, not to rely directly on religious reasons in public political debates, and should instead draw only from the contents of a ‘reasonable’, secular political conception of justice. Political liberals hold that direct religious reasoners’ who fail to follow this rule fail to be ‘reasonable’ (in a technical sense) and contend that liberal polities may thus dismiss their religiously-motivated objections to otherwise justified democratic laws. (...) However, I argue that political liberals’ own principles of ‘reasonability’ forbid such a dismissal. Those principles themselves, I argue, require liberal polities to offer direct religious reasoners who are reasonable in the basic, colloquial sense of being fair-minded and reciprocitous, deep reasons—that speak to their comprehensive religious doctrines—for why they should accept and reason from a ‘reasonable’, political conception of justice. I call the position which requires such deep justification of a ‘reasonable’, political conception of justice Deep Inclusivism, and draw on the work of Sayyid Qutb, an Islamic political thinker, to help illustrate what a fair-minded, reciprocitous religious reasoner might look like. (shrink)

In Rawls’s political liberalism, legitimate exercises of political power must be publicly justifiable to reasonable citizens on grounds each can coherently accept, where citizens count as “reasonable” only if they can accept certain values of public culture. Other citizens have no say in public justification, or no equal say. For Rawls, then, legitimate political power must accord with a subset of cultural values, and can be legitimate even if it is not (equally) justifiable to people who cannot accept them. Does (...) this mean that Rawls permits that such people be dominated? What kind of domination, if any, would this involve, and would it involve “cultural” domination? This chapter takes its lead from these questions. It offers a reading of the role of public justification in political liberalism that foregrounds differences in the discursive standing of reasonable and unreasonable people, and interpret these differences in domination-theoretic terms. I suggest that there is reason to believe that Rawls’s view would subject the unreasonable–a mixed group that also includes respectable people–to forms of discursive and political domination, and this in a manner that attracts the worry that cultural domination is involved. (shrink)

Nossa seleção de verbetes parte do interesse de cada pesquisador e os dispomos de maneira histórico-cronológica e, ao mesmo tempo, temática. O verbete de Melissa Lane, “Filosofia Política Antiga” vai da abrangência da política entre os gregos até a república e o império, às portas da cristianização. A “Filosofia Política Medieval”, de John Kilcullen e Jonathan Robinson, é o tópico que mais demanda espaço na nossa seleção em virtude das disputas intrínsecas ao período, da recepção de Aristóteles pelo medievo e (...) da tensão entre poder Papal e Civil. No verbete “Liberalismo”, de Gerald Gaus, Shane Courtland e David Schmidtz, vemos as fontes fundantes da Filosofia Política da modernidade. As ideias de liberdade negativa e positiva se coadunam com a Ética Liberal e sua influência sobre a abrangência do valor fundamental da liberdade individual diante das políticas públicas. O texto de Ian Carter, “Liberdade Positiva e Liberdade Negativa”, expõe o paradoxo da liberdade em suas concepções valorativas e neutra, muito úteis para compreender os problemas políticos que enfrentamos hoje. Por fim, Bas Van Der Vossen no texto “Libertarianismo” trata das noções tensas entre Estado e indivíduos. A concepção de “liberdade de si”, genuinamente negativa, ganha destaque justificatório. Jackie Scully, no verbete Bioética Feminista, exemplifica o valor da influência dessas correntes no âmago de todos os contemporâneos. Sua escrita homenageia postumamente Anne Donchin com um apanhado histórico da luta de inserção de políticas feministas na pesquisa acadêmica global. No verbete “Democracia”, os professores brasileiros Gustavo Dalaqua e Alberto Ribeiro Barros acrescentaram tópicos importantes ao tema geral, respectivamente: “Construtivismo Representativo vs. Representação Descritiva” e “Democracia Contestatória de Philip Pettit”. O texto de Thomas Christiano perpassa os principais argumentos de justificação política contra e a favor da democracia ocidental, com foco central nas concepções de liberdade e igualdade. Os verbetes dispostos nessa seleção de textos são tendenciosos na medida que expressam o interesse genuíno de cada pesquisador com os assuntos relevantes em suas pesquisas. Em virtude disso, a escolha “adota um lado” em detrimento de outros – mais especificamente: de outro que poderia ser mais “progressista”. Por si só, o livro já nasce reclamando um segundo volume, que será providenciado. Colocamos de lado qualquer exigência de “imparcialidade”, algo que não existe na Filosofia, muito menos na Filosofia Política. Sobressai, nesse aspecto, o caráter reflexivo que o assunto exige e a importância do assunto, sem o qual não teríamos a modernas concepções de representatividade, as teorias da justiça ou mesmo as ciências sociais. Um outro volume, portanto, se faz imperativo, por conta da abrangência da própria SEP e do respeito a seu projeto inicial, genuinamente um plano plural. (shrink)

A strength of liberal political institutions is their ability to accommodate pluralism, both allowing divergent comprehensive doctrines as well as constructing the common ground necessary for diverse people to live together. A pressing question is how far such pluralism extends. Which comprehensive doctrines are simply beyond the pale and need not be accommodated by a political consensus? Rawls attempted to keep the boundaries of reasonable disagreement quite broad by infamously denying that political liberalism need make reference to the concept of (...) truth, a claim that has been criticized by Joseph Raz, Joshua Cohen, and David Estlund. In this paper, we argue that these criticisms fail due to the fact that political liberalism can remain non-committal on the nature of truth, leaving the concept of truth in the domain of comprehensive doctrines while still avoiding the issues raised by Raz, Cohen, and Estlund. Further substantiating this point is the fact that Rawls would, and should, include parties in the overlapping consensus whose views on truth may be incoherent. Once it is seen that political liberalism allows such incoherence to reasonable parties, it is clear that the inclusion of truth and the requirement of coherence urged by Raz, Cohen, and Estlund requires more of reasonable people than is necessary for a political consensus. (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)

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)

There exists the putative assumption that since those values that legitimate social practices and institutions are liberal values, then the most coherent form of justification for their universal applicability must — and can only — be a liberal one. The aim of this article is to unravel the foundations of this assumption and, in doing so, to demonstrate that the transition from comprehensive to political liberalism is an expression of postmodern concerns at the heart of liberalism. The central claim I (...) wish to make is twofold: first, John Rawls's concentration on the problem of legitimacy over and above justice leads to an acceptance of the social thesis, albeit in a minimal form. Two, as a consequence of this, the Kantian form of practical reason that informs his work has to be modified to avoid problems with motivation. In the succeeding section, I reverse the direction of argument and concentrate on an explicitly hermeneutical liberalism, that of Gianni Vattimo, which avowedly embraces the substantive implications of the social thesis and yet attempts to demonstrate that the aims of interpretation and understating entail a commitment to liberal political values. Although the social thesis can offer a plausible account of political motivation congruent with the demands of legitimacy, it must also be committed to a minimal formal account of practical reason much to the chagrin of the critics of postmodern ethics who accuse all contextual thought of exhibiting strong irrational tendencies. The intention of the conclusion is to show that whether one begins from the liberal commitment to formal values, or the postmodern contextual commitment to substantive, situated values, one must be committed to a political form of autonomy that is both non-comprehensive yet necessarily situated. Moreover, the recognition of these concerns necessitates a simultaneous avowal of postmodern themes in order for political liberalism to be fully coherent and persuasive as a political doctrine, as well as an explicit recognition of the formal claims of reason by any postmodern thought. (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)

Critics of liberalism in the past two decades have argued that the fact that we are necessarily "situated" or "embedded" means that we can not always choose our own ends (for example, our conceptions of the good or our loyalties to others). Some suggest that we simply discover ourselves with these "connections." If correct, this would argue against (Rawlsian) hypothetical contract models and liberalism more broadly, make true impartiality impossible, and give support to traditionalist views like those of Alasdair MacIntyre, (...) Charles Taylor, and Michael Sandel. These same critics argue that liberalism's rejection or neglect of this supposed fact of our moral life has pernicious anti-social affects. I argue that the critics are wrong in both cases, defending what I call "strong voluntarism." In contrast both to recent critics of liberalism and the dominant trend in recent liberal thought, my defense of strong voluntarism allows that we can always choose to accept or reject any end we happen to have but that this does not lead to any pernicious anti-social effects. (shrink)

moral foundation of liberalism can be defended in one of three ways: (1) as a conception one accepts as a result of one’s affirmation of political liberalism, (2) as a conception one must affirm as a presupposition for political liberalism, or (3) as a philosophical truth about practical reason and persons. The first option makes it impossible to distinguish a moral consensus from a modus vivendi . The second renders the moral foundation of liberalism dogmatic because it affirms a moral (...) foundation for which no justification is provided. Since there are good reasons for rejecting (1) and (2), that leaves option (3). I argue that (3) should be the preferred option for liberals who advance liberalism as a political doctrine with a moral foundation. (shrink)

The task of this paper is to provide what is necessary for a conceptual analysis of toleration such that one would have a clear definition of this central liberal tenet. First, notions related to but different from toleration are discussed; this provides guidance by introducing the likely definitional conditions of toleration. Next, those conditions are explicated and defended. Putting the conditions together, we can say an agent tolerates when she intentionally and on principle refrains from interfering with an opposed other (...) (or their behavior, etc.), though she believes she has the power to interfere. This definition is neither normatively loaded nor sufficient for moral or political theory. Readers may also prefer a definition made with some subset of the conditions rather than all. (shrink)

According to the ‘fragmentation objection’ to multiculturalism, practices of cultural recognition undermine political stability, and this counts as a reason to be sceptical about the public recognition of minority cultures, as well as about multiculturalism construed more broadly as a public policy. Civic education programmes, designed to promote autonomy, toleration and patriotism, have been justified as a corrective to the fragmentary tendencies of multiculturalism. This paper distinguishes between two versions of the fragmentation objection, in order to evaluate this particular justification (...) of civic education. The cultural fragmentation version of the objection emphasises the importance of a common identity and a shared sense of belonging for political stability, whilst the value fragmentation version of the objection emphasises the importance of shared values for political stability. It is argued that neither version of the objection successfully demonstrates that multiculturalism is incompatible with political stability. However, narrow versions of each objection provide reasons to favour the promotion of toleration in public schooling, and reasons to be sceptical about the promotion of patriotism. Meanwhile, justifications of the cultivation of autonomy must appeal to values other than political stability. (shrink)

Issues relating to diversity and pluralism continue to permeate both social and political discourse. Of particular contemporary importance and relevance are those issues raised when the demands associated with forms of pluralism clash with those of the liberal state. These forms of pluralism can be divided into two subcategories: thin and thick pluralism. Thin pluralism refers to forms of pluralism that can be accommodated by the existing liberal framework, whereas thick pluralism challenges this liberal framework. -/- This thesis is an (...) examination of four forms of political association that may be able to accommodate and support the demands of pluralism. These four models are Rawls’ political liberalism, Crowder’s value pluralism, Rorty’s post-foundational liberalism, and Mouffe’s radical democratic project. What unites these four forms of political association is their capacity to avoid the exclusionary effects of a form of liberalism that I, following Gaus, refer to as Enlightenment liberalism. As the name suggests, this conception of liberalism is anchored in the Enlightenment, and in particular with what may be considered as the Enlightenment view of reason. As such, therefore, Enlightenment liberalism is both universal and perfectionist. In this context, I argue that Enlightenment liberalism is a species of what Berlin refers to as ‘moral monism’. -/- These four forms of political association are ordered in such a way as to chart an intellectual trajectory. Rawls and Crowder are both situated firmly within the liberal tradition, whereas Rorty and Mouffe move beyond this, and embrace a form of post-foundational politics. It is in this trajectory that the second theme of this thesis emerges. This is centred on a paradox: in order to avoid the exclusionary effect of Enlightenment liberalism and embrace a form of political association that meets the demands of pluralism and diversity, the models examined still promote autonomy as the dominant virtue. (shrink)

This article challenges two dominant views of religious and cultural toleration, namely, that it is modern and that it is Western. It claims instead that both medieval Latin thought and many non-Western traditions embraced a position that coherently defends tolerance beliefs and practices. Specifically, the article identifies four approaches that clearly favour toleration: scepticism, functionalism, nationalism and mysticism.

Contemporary liberal democracy employs a conception of legitimacy according to which political decisions and institutions must be at least in principle justifiable to all citizens. This conception of legitimacy is difficult to satisfy when citizens are deeply divided at the level of fundamental moral, religious, and philosophical commitments. Many have followed the later Rawls in holding that where a reasonable pluralism of such commitments persists, political justification must eschew appeal to any controversial moral, religious, or philosophical premises. In this way, (...) the Rawlsian account of public political justification involves a politics of omission, where citizens are expected to bracket off their most fundamental commitments and seek justifications that draw only from uncontroversial premises. This politics of omission is necessary, Rawls argues, for political stability. But there is good social epistemic evidence for the view that the politics of omission encourages insularity among like-minded groups, and that this insularity in turn generates extremism. So omission is likely to lead to instability, not stability. (shrink)

Liberalism, historically, is closely associated with increased toleration, so it is unsurprising that a variety of contemporary authors (Hampton, Kukathas, Barry, Ten) consider toleration to be “the substantive heart of liberalism” (Hampton 1989, 802). The precise role of toleration in liberalism, though, is unclear; different liberals have different views. In this essay, I will discuss three sorts of liberal theories and indicate how they approach questions of toleration, arguing that one of them supports toleration of more sorts of activities (including (...) speech acts and lifestyles) than the others. While I think this is reason to favor that sort of theory, I will not defend that claim. Some reasonably think (and defend the view) that though toleration is of value, its limits should be drawn more narrowly. (shrink)

Die Idee der Toleranz führt in unserer liberalen Gesellschaft eine Art Doppelleben. Einerseits gibt es einen breiten öffentlichen Konsens darüber, dass Toleranz eine gute Sache ist. Andererseits haben die begrifflichen und normativen Paradoxien, die dem Toleranzkonzept offenbar inhärent sind, in der politischen Philosophie für Verwirrung gesorgt. In dieser Abhandlung verteidige und spezifiziere ich die Auffassung, dass Toleranz eine Kombination aus Ablehnung und Akzeptanz beinhaltet. Ich fokussiere mich vor allem auf die Akzeptanzkomponente, die bislang vernachlässigt worden ist. Diese Vernachlässigung erklärt einen (...) Großteil der Verwirrung, für die das Konzept der Toleranz gesorgt hat. Wenn wir einsehen, dass Akzeptanz den Verzicht auf besonders grausame oder gemeine Arten der Intervention meint, sollte klar sein, warum Toleranz moralisch geboten ist. Ich schließe mit einigen methodologischen Ausführungen dazu, wie die Toleranzproblematik angegangen werden sollte und wie nicht. (shrink)

The constitutionalist debate - over where decision-making power in society should lie, and how it should be exercised - is one which is of fundamental importance not only in academia and constitutional theory, but in society generally. The main aim of this thesis is to critically examine the current debate from a particular, sceptical philosophical perspective - one which questions the possibility of convincingly defending moral premises. This controversial perspective, which goes to the heart of debates over moral realism, objectivity, (...) and epistemology is set out and defended in detail, drawing on the work of the sceptical and strongly anti-foundationalist legal theorist, Arthur Leff, and the pragmatic philosophy of Richard Rorty. Some implications of this perspective for the constitutionalist debate and key approaches within it are then considered in the rest of the thesis . This examination includes instrumentalist arguments and "democratic" arguments often relied on by various sides in the debate. It is argued that, when taken to their underlying premises and assumptions, each approach is misguided from the perspective defended here and, therefore, that the current constitutionalist debate is unsatisfactory. Some suggestions of the way forward following this argument are then made. (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)

L'avènement de la modernité a privé la morale de ses sources traditionnelles et l'a laissée devant une dichotomie dont les termes sont également inacceptables: d'un côté l'historicisme avec son cortège de relativisme et de scepticisme et de l'autre, la raison impérative, universelle et vide de contenu moral. Entre les certitudes des Anciens, les dilemmes de la modernité et les abîmes du postmodernisme, la philosophie morale et politique contemporaine ne serait pourtant pas condamnée à l'impotence. La conviction de Charles Larmore est (...) en effet que les diverses conceptions philosophiques qui nous ont successivement menés à pareille impasse nous offrent aussi les moyens d'en sortir. Cette conviction œcumenique est elle-même ancrée dans une ethique de la pensee qui devrait, comme l'auteur s'en explique dans l'introduction deModernité et morale, nous détourner du dogmatisme et du monisme traditionnels de la philosophie. Sur cet arrière-plan métaphilosophique, l'auteur prétend done faire, des problèmes de la morale contemporaine, l'objet d'une discussion ouverte où il convie les philosophes de toutes tendances et de tous les temps. (shrink)

In Two Faces of Liberalism, John Gray pursues the dual agenda of condemning familiar liberal theories for perpetuating the failed “Enlightenment project,” and promoting his own version of anti‐Enlightenment liberalism, which he calls “modus vivendi.” However, Gray's critical apparatus is insufficient to capture accurately the highly influential “political” liberalism of John Rawls. Moreover, Gray's modus vivendi faces serious challenges raised by Rawls concerning stability. In order to respond to the Rawlsian objections, Gray would have to reinstate the aspirations and principles (...) characteristic of Enlightenment theories of liberalism. (shrink)

Political liberals, following Rawls, believe that justice should be ‘political’ rather than ‘metaphysical.’ In other words, a conception of justice ought to be freestanding from first-order moral and metaethical views. The reason for this is to ensure that the state’s coercion be justified to citizens in terms that meet political liberalism’s principle of legitimacy. I suggest that privileging a political conception of justice involves costs—such as forgoing the opportunity for political theory to learn from other areas of philosophy. I argue (...) that it is not clear that it provides any benefit in return. Whether a political conception of justice more adequately satisfies the liberal principle of legitimacy than a metaphysical conception of justice is an open question. To show this, I describe three ways in which political conceptions of justice have been developed within the literature. I then argue that while each might be helpful in finding reasons that reasonable citizens can accept, all face challenges in satisfying the liberal principle of legitimacy. Political conceptions of justice confront the same set of justificatory problems as ‘metaphysical’ conceptions. The question of whether a political conception is preferable should receive greater scrutiny. (shrink)

In the last decade there has been a pragmatic turn in the work of those doing Christian ethics, especially as represented by the work of Jeffrey Stout and Franklin Gamwell. The pragmatic turn represents a critique of the highly influential work of Stanley Hauerwas and Alasdair MacIntyre, which argues for a strongly intra-church ethics. The pragmatists are correct in arguing that Christian ethics must engage the public sphere. However, I argue that they are deeply mistaken in their claim that this (...) engagement must rest on a weak or non-existent theology. I show that the claim that robust theology adds nothing to ethics, and that we can get along without it, is unsustainable. (shrink)

In Political Liberalism, Rawls emphasizes the practical character and aims of his conception of justice. Justice as fairness is to provide the basis of a reasoned, informed and willing political agreement by locating grounds for consensus in the fundamental ideas and values of the political culture. Critics urge, however, that such a politically liberal conception of justice will be designed merely to ensure the stability of political institutions by appealing to the currently-held opinions of actual citizens. In order to evaluate (...) this concern, I suggest, it is necessary to focus on the normative character of Rawls's analysis. Rawls argues that justice as fairness is the conception of justice that citizens of modern democratic cultures should choose in reflective equilibrium, after reflecting fully upon their considered judgments regarding justice. Since judgments in reflective equilibrium are grounded in considered judgment, rather than situated opinions, I argue that the criticism fails. Key Words: justification • objectivity • political liberalism • Rawls • reflective equilibrium. (shrink)

Political liberals claim that liberal polities may legitimately dismiss the objections of ‘unreasonable’ citizens who resist political liberals’ favored principles of justice and political justification. A growing number of other political philosophers, including post-colonialist theorists, have objected to the resulting insularity of political liberalism. However, political liberals’ insularity also often prevents them from being sensitive or responsive to these critics’ complaints. In this article, I develop a more efficacious internal critique of political liberalism: I show that political liberals’ own core (...) principles of liberal legitimacy sometimes require liberal polities to engage with the objections of those who hold ‘unreasonable’, and even illiberal, views. First, I draw on the work of Sayyid Qutb, an illiberal Islamic political thinker, to argue that – contrary to what political liberals often imply – even ‘unreasonable’, illiberal citizens may be fair-minded: that is, they may be actively concerned to cooperate with others on fair and mutually endorsable terms. Second, I contend that a liberal state’s own core commitment to treating citizens as free and equal requires it to offer fair-minded illiberal citizens like Qutb deep reasons – that don’t presuppose agreement on liberal principles of justice and so can speak to them in the dialectical position they start from – for why they should accept the liberal laws with which the state coerces them to comply. By showing how political liberals’ own commitments oblige them to address even ‘unreasonable’ political perspectives, I open the door to their more robust engagement with their critics, including not only comparative political theorists but also the growing number of illiberal citizens who challenge democratic regimes. (shrink)

In his paper “Public Reason and the Justification of Punishment,” Zachary Hoskins develops and defends an idea of “public reason” that might be applicable to debates over punishment in the Western world. This short reply takes issue with some of Hoskins’ conclusions (while agreeing with many of his premises), and suggests that contra Hoskins, many versions of retribution are not compatible with the ideal of public reason as Rawls articulated it. Instead, debates over criminal justice and punishment should properly revolve (...) around the goods of public safety and harm reduction—rather than around any of the supposed metaphysical goods achieved by retributive punishment. (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)

ABSTRACTWe can easily misread historical texts if we take ideas and passages out of their textual contexts. The resulting errors are widespread, possibly even more so than errors through reading ideas and passages out of their historical contexts. Yet the methodological literature stresses the latter and says little about the former. This paper thus theorises the idea of textual context, distinguishes three types of textual context, and asks how we uncover the right textual contexts. I distinguish four kinds of textual-context (...) error, and offer practical tips for avoiding these errors. However, the beating heart of this paper is the history–philosophy debate: in contrast to the prevailing assumption that historical and philosophical analysis are fundamentally different, I show that a commitment to textual context, which should be entirely uncontroversial, also commits one to think philosophically. (shrink)

Why do we need government? A common view is that government is necessary to constrain people's conduct toward one another, because people are not sufficiently virtuous to exercise the requisite degree of control on their own. This view was expressed perspicuously, and artfully, by liberal thinker James Madison, in The Federalist, number 51, where he wrote: “If men were angels, no government would be necessary.” Madison's idea is shared by writers ranging across the political spectrum. It finds clear expression in (...) the Marxist view that the state will gradually wither away after a communist revolution, as unalienated “communist man” emerges. And it is implied by the libertarian view that government's only legitimate function is to control the unfortunate and immoral tendency of some individuals to violate the moral rights of others. (shrink)

John Rawls’s recommendation that political philosophy should be kept free of metaphysics has recently come under attack by Jean Hampton. According to her philosophy as a Socratic quest has to orient itself by radical probing and that unavoidingly involves us in metaphysical commitment. Non-Socratic philosophy in the later Rawls, she claims, reduces itself to a mere ‘modus vivendi’. In defending Rawls the article makes clear how Hampton underrates the method of reflective equilibrium. Rawls makes a rationally reconstructed use of the (...) Socratic ideal, that can be turned not only against Hampton’s critique of Rawls, but also against its relativist appropriation by Richard Rorty. (shrink)

This essay argues that Rawls’s recent constructivist approach waivers between a relativist defense and a more Kantian account which grounds his conception of justice in the idea of an agreement between free and equal moral persons. It is suggested that this ambiguity lies at the center of his attempt to provide a “political not metaphysical” account which is also not “political in the wrong way”.

This paper presents criticisms of the method for moral and political philosophy known as ?reflective equilibrium? (RE), or in its fuller form ?wide reflective equilibrium? (WRE). This negative purpose has an ulterior positive aim: to set off, by favourable contrast, an alternative approach based on analogical argument as an instrument of an evolving (liberal) tradition. WRE derives from John Rawls but has been broadly endorsed. Though a meta?theory, it involves a certain way of construing liberalism. This essay's target is in (...) key part that construal. It seeks an approach to moral?political philosophy, and to liberalism in particular, that is at once rationally grounded and contextually oriented, and provides for explanation as well as justification. WRE fails on all counts, plus others. Section I presents WRE and suggests the alternative. Section II presents the critique of WRE, partly drawing on established criticisms and partly presenting new ones. Section III opposes the application suggested for WRE by (surprisingly) a critic of Rawls, M. Sandel. The preferability of the analogical alternative is demonstrated throughout. (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)

Some philosophers, such as Kai Nielsen, view Rawls's rejection of metaphysical claims, encapsulated in his method of avoidance, as being compatible with the "anti-philosophical" stance, the view that metaphysical debates are sterile and should be abandoned to be replaced by practically viable forms of thinking. This paper shows that this reading of the method of avoidance is incorrect and argues that the method of avoidance is in fact comparable to Carnap's higher-order standpoint of neutrality with regards to different frameworks. This (...) sheds new light on Rawlsian theory and situates it within the empiricist tradition. (shrink)

One source of controversy surrounding John Rawls's later work — a source of both criticism and praise — has been the impression that he abandoned the philosophical project of figuring out what is truly just, in favour of the political project of working out a feasible consensus for people from a particular political tradition. One aspect of this controversy is the question of whether Rawls could advance his theory as being worthy of endorsement on the basis of good reasons without (...) also claiming it to be true. In preferring to claim reasonableness rather than truth, Rawls's main concern seems to have been to distinguish the ‘whole truth’ as represented by a particular comprehensive religious or philosophical doctrine, from the truth about politics given that reasonable people will inevitably disagree about the whole truth. (shrink)