In this paper, we argue that solutions to normative challenges associated with autonomous driving, such as real-world trolley cases or distributions of risk in mundane driving situations, face the problem of reasonable pluralism: Reasonable pluralism refers to the fact that there exists a plurality of reasonable yet incompatible comprehensive moral doctrines within liberal democracies. The corresponding problem is that a politically acceptable solution cannot refer to only one of these comprehensive doctrines. Yet a politically adequate solution to the normative challenges (...) of autonomous driving need not come at the expense of an ethical solution, if it is based on moral beliefs that are (1) shared in an overlapping consensus and (2) systematized through public reason. Therefore, we argue that a Rawlsian justificatory framework is able to adequately address the normative challenges of autonomous driving and elaborate on how such a framework might be employed for this purpose. (shrink)

In response to the democratic boundary problem, two principles have been seen as competitors: the all-affected interests principle and the all-subjected principle. This article claims that these principles are in fact compatible, being justified vis-à-vis different functions, accommodating different values and drawing on different sources of normativity. I call this a ‘function-sensitive’ view. More specifically, I argue that the boundary problem draws attention to the decision functions of democracy and that two values are indispensable when theorizing how to regulate these (...) functions: procedural fairness and political autonomy. While the value of procedural fairness is best promoted through a version of the all-affected interests principle, applied to decision making generally, it is argued that political autonomy is best promoted through a version of the all-subjected principle, applied to coercive decision making specifically. The article concludes by drawing out some practical implications of the function-sensitive view for the case of immigration and border controls. (shrink)

This paper examines the differences between moralist, realist, and pragmatist approaches to political legitimacy by articulating their largely implicit views of judgment. Three claims are advanced. First, the salient opposition among approaches to legitimacy is not between “moralism” and “realism.” Recent realist proposals for rethinking legitimacy share with moralist views a distinctive form, called “normativism”: a quest for knowledge of principles that solve the question of legitimacy. This assumes that judging legitimacy is a matter of applying such principles to a (...) case at hand. Second, neither Rawls nor Habermas is a normativist about political legitimacy. The principles of legitimacy they proffer claim to express rather than adjudicate the legitimacy of a liberal-democratic regime, and thus cannot solve the question of legitimacy at a fundamental level. But perhaps we should question the normativist aspiration to theoretically resolving the problem to begin with. My third claim is that a “pragmatist” approach enables us to rethink political legitimacy more deeply by shifting focus from the articulation of principles to the activity of judging. Implicit in Rawls’s and Habermas’s theories I then find clues towards an alternative account of judgment, in which the question of legitimacy calls not for theoretical resolution but for ongoing practical engagement. (shrink)

An impressive body of recent literature posits that traditional notions of civil disobedience prevent us from properly considering potentially legitimate types of ‘uncivil’ political lawbreaking. When might uncivil (covert, legally evasive, morally offensive and potentially violent) lawbreaking prove normatively acceptable? If justifiable, what conditions should its practitioners be reasonably expected to meet? Despite some important insights, defenders of uncivil disobedience rely on a narrow and sometimes misleading view of civil disobedience, as previously practiced and theorized. Notwithstanding legitimate skepticism about Rawlsian (...) notions of civil disobedience, they reproduce its troublesome binary or ‘all-or-nothing’ view of political lawbreaking. Uncivil disobedience’s proponents tend to group a vast array of distinctive types of lawbreaking under one amorphous categorical rubric, impeding the suitably complex, nuanced analysis we need. A superior approach would pay careful attention to uncivil disobedience’s ambivalent historical record, a record suggesting that UD is more likely to reproduce authoritarian populism’s disturbing political logic than counteract it. (shrink)

Political realism is characterised by fidelity to the facts of politics and a refusal to derive political judgments from pre- political moral commitments. Even when they are not taken to make normative theorising impossible or futile, those characteristics are often thought to engender a conservative slant, or at least a tendency to prefer incremental reformism to radicalism. I resist those claims by distinguishing between three variants of realism—ordorealism, contextual realism, and radical realism—and contrasting them with both non-ideal theory and utopianism. (...) I then develop a version of radical realism as a form of debunking and vindicatory genealogy. Even though this new approach eschews both feasibility constraints (unlike non-ideal theory) and prescriptions about the ideal society (unlike utopianism), I show how it has more radical potential than morality-driven (and hence often ideological) political theory, and how it supports both open-ended, radical social critique and concrete forms of prefigurative political action. (shrink)

In this paper I unpack a realistic conception of politics by tightly defining its constitutive features: conflict and order. A conflict emerges when an actor is disposed to impose his/her views against the resistance of others. Conflicts are more problematic than moralists realize because they emerge unilaterally, are potentially violent, impermeable to content-based reason, and unavoidable. Order is then defined as an institutional framework that provides binding collective decisions. Order is deemed necessary because individuals need to cooperate to survive, but (...) groups cannot spontaneously secure collective decisions and are prone to conflicts. Particularly, the fact that potentially violent conflicts emerge unilaterally means that order requires coercion. I conclude that mischaracterizing conflict and order leads to undesirable normative principles, and that this criticism can be leveraged not only against Rawlsian liberals who moralize conflicts away, but also against some agonists who underestimate the need for order and some communitarians who underplay both circumstances. (shrink)

-/- This essay discusses the relation between ideal theory and two forms of political moralism identified by Bernard Williams, structural and enactment views. It argues that ideal theory, at least in the sense Rawls used that term, only makes sense for structural forms of moralism. These theories see their task as describing the constraints that properly apply to political agents and institutions. As a result, they are primarily concerned with norms that govern action. In contrast, many critiques of ideal theory (...) are structured and motivated by their commitment to an enactment model of political theorizing. This instead sees political agents and institutions as instruments for producing or promoting better states of affairs. Enactment models treat the evaluations that rank different states of affairs as justificatorily basic, rather than norms governing action on which structural models focus. This reveals an important feature of debates about ideal theory. Whether ideal theory is capable of appropriately guiding action will depend on what the criteria for appropriately guiding action are, about which different theorists have importantly different views. For example, some popular strategies for defending ideal theory fail, while it may be much less clear that some alternatives to ideal theory can provide action guidance than their advocates claim. (shrink)

Contemporary politics is often said to lack utopias. For prevailing understandings of the practical force of political theory, this looks like cause for celebration. As blueprints to apply to political practice, utopias invariably seem too strong or too weak. Through an immanent critique of political realism, I argue that utopian thought, and political theory generally, is better conceived as supplying an orientation to politics. Realists including Bernard Williams and Raymond Geuss explain how utopian programs like universal human rights poorly orient (...) their adherents to politics, but the realists wrongly conclude that utopias and other ideal theories necessarily disorient us. As I show through an analysis of utopian claims made by Michel Foucault, Malcolm X, and John Rawls, utopias today can effectively disrupt entrenched forms of legitimation, foster new forms of political identity, and reveal new possibilities within existing institutions. Utopias are needed to understand the political choices we face today. (shrink)

In Andrea Sangiovanni’s words, practice-dependent theorists hold that “[t]he content, scope, and justification of a conception of [a given value] depends on the structure and form of the practices that the conception is intended to govern”. They have tended to present this as methodologically innovative, but here I point to the similarities between the methodological commitments of contemporary practice-dependent theorists and others, particularly P. F. Strawson in his Freedom and Resentment and Bernard Williams in general. I suggest that by looking (...) at what Strawson and Williams did, we can add to the reasons for adopting one form or another of practice-dependence. The internal complexity of the practices we hope our principles will govern may require it. However, this defence of practice-dependence also puts pressure on self-identified practice-dependence theorists, suggesting that they need to do more work to justify the interpretations of the practices their theories rely on. (shrink)

This paper provides a critical overview of the realist current in contemporary political philosophy. We define political realism on the basis of its attempt to give varying degrees of autonomy to politics as a sphere of human activity, in large part through its exploration of the sources of normativity appropriate for the political and so distinguish sharply between political realism and non-ideal theory. We then identify and discuss four key arguments advanced by political realists: from ideology, from the relationship of (...) ethics to politics, from the priority of legitimacy over justice and from the nature of political judgement. Next, we ask to what extent realism is a methodological approach as opposed to a substantive political position and so discuss the relationship between realism and a few such positions. We close by pointing out the links between contemporary realism and the realist strand that runs through much of the history of Western political thought. (shrink)

From Plato to the present day, political theorists have used models of idealistic societies to think about politics. How can these idealistic models inform our thinking about political life in our non-ideal world? Not, as many political theorists have hoped, by providing normative guidance -- by showing us how things should be or where we should go. Even still, we can use these models to interpret the concepts we depend on to explain and evaluate political behavior and institutions, thereby sharpening (...) our explanations of how things work and our estimations of how to make things better. Seeing idealistic models in this light reveals a promising route to a form of political inquiry that integrates our explanatory aims and our normative aspirations. -/- (Updated: October 2024. The book is in production for publication by Oxford University Press, to appear in the Philosophy, Politics, and Economics series. I have uploaded the table of contents, chapter 1, and the bibliography.). (shrink)

This paper makes the case for a revision of contemporary forms of political realism in political theory. I argue that contemporary realists have gone awry in increasingly centring their approach around a metaethical claim: that political theory should be rooted in a political form of normativity that is distinct from moral normativity. Several critics of realism have argued that this claim is unconvincing. But I suggest that it is also a counterintuitive starting point for realism, and one unnecessary to avoid (...) the ‘applied morality’ approach to political theory that realists oppose. Instead, realism should be methodologically orientated around what I term ‘empirically constitutive political realities’ - enduring features of real political contexts that are systematically consequential in their normative implications. Realists can persuasively argue that such empirically constitutive political realities must be attended to in political theory-building, and not merely treated as a context in which independently formulated moral theories are simply applied. This framing of realism accords real politics a genuinely foundational theoretical role, but without requiring any contentious metaethical stance about a non-moral political normativity. I explain some methodological implications that follow for realism – in particular the need to prioritise empirically grounded theorisation of real political contexts over abstract and rather essentialist claims about ‘the political’. I also argue that such a framing of realism helps engender a more accurate, less divisive, and more pluralist conception of methodological debates within political theory. (shrink)

In recent literature on utopianism, in particular non-ideal and realist work, the distinction between scepticism and non-scepticism has been to the fore. The main concern of this article, in contra...

The feasibility constraint on the concept of justice roughly states that a necessary condition for something to qualify as a conception of justice is that it is possible to achieve and maintain given the conditions of the human world. In this paper, I propose three alternative interpretations of this constraint that could be derived from different understandings of the Kantian formula ‘ought implies can’: the ability constraint, the motivational constraint and the institutional constraint. I argue that the three constraints constitute (...) a sequence in the sense that accepting the motivational constraint presupposes that we accept the ability constraint, and to accept the institutional constraint presupposes that we accept both previous constraints. Adding the possibility of rejecting all three constraints, we get four distinct metatheoretical positions that theorists could take vis-à-vis the feasibility constraint on justice. (shrink)

Recently several political theorists have argued that mainstream political theory, exemplified by John Rawls’ political liberalism, is based on such idealist and moralist presuppositions, that it cannot be relevant for real politics. This article aims to show that the criticism of these ‘realists’, as these critics are referred to, is based on an incorrect reading of Rawls’ work. The article explains that there are three ways in which his political liberalism can be said to offer a realist understanding of politics: (...) (a) political liberalism interprets the morality inherent in engaging in politics; (b) it acknowledges reasonable disagreement about justice; and (c) it develops standards of public reason, with which to assess the legitimacy of political compromises. The article recovers the realism of political liberalism and indicates new sites of discussion between political liberals and political realists. (shrink)

Political realists’ rejection of the so-called ‘ethics first’ approach of political moralists, has raised concerns about their own source of normativity. Some realists have responded to such concerns by theorizing a distinctively political normativity. According to this view, politics is seen as an autonomous, independent domain with its own evaluative standards. Therefore, it is in this source, rather than in some moral values ‘outside’ of this domain, that normative justification should be sought when theorizing justice, democracy, political legitimacy, and the (...) like. For realists the question about a distinctively political normativity is important, because they take the fact that politics is a distinct affair to have severe consequences for both how to approach the subject matter as such and for which principles and values can be justified. Still, realists have had a hard time clarifying what this distinctively political normativity consists of and why, more precisely, it matters. The aim of this paper is to take some further steps in answering these questions. We argue that realists have the choice of committing themselves to one of two coherent notions of distinctively political normativity: one that is independent of moral values, where political normativity is taken to be a kind of instrumental normativity; another where the distinctness still retains a justificatory dependence on moral values. We argue that the former notion is unattractive since the costs of commitment will be too high, and that the latter notion is sound but redundant since no moralist would ever reject it. Furthermore, we end the paper by discussing what we see as the most fruitful way of approaching political and moral normativity in political theory. (shrink)

Although the discussion about feasibility in political theory is still in its infancy, some important progress has been made in the last years to advance our understanding. In this paper, we intend to make a contribution to this growing literature by investigating the proper place of feasibility considerations in political theory. A motivating force behind this study is a suspicion that many presumptions made about feasibility in several current debates—such as that between practice-independence and practice-dependence, ideal and non-ideal theory, and (...) political moralism and political realism—are too rigid and underestimate the numerous different ways in which feasibility concerns may enter into our theorizing. To chisel out this feasibility space, our aim is to suggest two metatheoretical constraints on normative political principles as intuitively plausible, the so-called ‘fitness constraint’ and the ‘functional constraint’, through which we elucidate five central aspects for determining proper feasibility constraints of an account in political theory. (shrink)

This article explores the relevance of the work of Cambridge historian of political thought István Hont to contemporary political theory. Specifically, it suggests that Hont’s work can be of great help to the recent realist revival in political theory, in particular via its lending support to the account favoured by Bernard Williams, which has been a major source for recent realist work. The article seeks to make explicit the main political theoretic implications of Hont’s historically-focused work, which in their original (...) formulations are not always easy to discern, as well as itself being a positive contribution to realist theorizing, moving beyond a merely negative critique of dominant moralist positions. (shrink)

Der neue politische Realismus erkennt in John Rawls einen Erzfeind. In jüngeren Debatten scheint oft evident zu sein, dass gerade Eine Theorie der Gerechtigkeit exemplarisch für einen Moralismus sei, der die politische Wirklichkeit verzerre. Doch die Sache ist kompliziert. In diesem Aufsatz blicke ich zurück auf sein Frühwerk im Lichte dieser Kritik. Dabei geht es mir um vier Einwände: dass Rawls’ Idealtheorie kein Ratgeber für das politische Handeln und ideologisch verblendet sei; Macht und ihre Legitimierbarkeit nicht überzeugend konzipiere; die Bedeutung (...) politischer Konflikte und Uneinigkeit über den Inhalt der Gerechtigkeit unterschätze; und verkenne, dass eine wahrlich politische Theorie auf die Geschichte eingehen müsse. Wie stichhaltig sind diese Vorwürfe und was fördern sie zutage? Der Aufsatz zeigt, dass selbst Rawls’ erstes Hauptwerk nicht so einfach eines Moralismus überführt werden kann, wie es auf den ersten Blick den Anschein hat. Damit meine ich nicht, dass die Einwände allesamt keinen Biss hätten. Doch werden die Rechtfertigungslasten der Rawls’schen Gerechtigkeitstheorie nicht immer gebührend berücksichtigt; und manche Konterpunkte sind gerade bei wichtigen philosophischen Weggabelungen nicht ausreichend mit argumentativer Substanz untermauert. Wer einen Anti-Moralismus verficht, wofür es gute Gründe gibt, sollte weiterhin das konstruktive Gespräch auch mit dem frühen Rawls suchen und auf die internen Spannungen sowie realistischen Konzessionen seines Egalitarismus achten. (shrink)

In A Theory of Justice John Rawls proposes that the two principles of justice should be realized through a four-stage sequence of institutional action that starts with a constitution agreed upon by delegates to a constitutional convention. A largely overlooked aspect of this proposal is that delegates are taken to hold conflicting opinions about justice. Their disagreement is one of the factors that determine their institutional choices. This paper employs Bernard Williams’s theory of the political value of liberty to explain (...) and vindicate the role assigned to disagreement at the constitutional convention. Constitutional norms ought to be sensitive to the fact that the functioning of a political order, even one suitably ordered by the most reasonable conception of justice, inevitably involves loss of a precious liberty; the factoring of disagreement into the constitutional convention can fruitfully be understood as a way of modelling this requirement. This exegetical exercise enriches our understanding of the point of constitutions. At the same time it suggests that Rawls may not be as guilty of the cardinal sin of moralism that Williams famously accused him of. (shrink)