This paper outlines an account of political realism as a form of ideology critique. Our focus is a defence of the normative edge of this critical-theoretic project against the common charge that there is a problematic trade-off between a theory’s groundedness in facts about the political status quo and its ability to consistently envisage radical departures from the status quo. To overcome that problem we combine insights from three distant corners of the philosophical landscape: theories of legitimacy by Bernard Williams (...) and other realists, Frankfurt School-inspired Critical Theory, and recent analytic epistemological and metaphysical theories of cognitive bias, ideology, and social construction. The upshot is a novel account of realism as empirically-informed diagnosis- critique of social and political phenomena. This view rejects a sharp divide between descriptive and normative theory, and so is an alternative to the anti- empiricism of some approaches to Critical Theory as well as to the complacency towards existing power structures found within liberal realism, let alone mainstream normative political philosophy, liberal or otherwise. (shrink)

A slew of recent political theorists—many taking their cue from the political writings of Bernard Williams—have recently contended that political normativity is its own kind of normativity, distinct from moral normativity. In this article, we first attempt to clarify what this claim amounts to and then reconstruct and interrogate five major arguments for it. We contend that all these arguments are unconvincing and fail to establish a sense in which political normativity is genuinely separate from morality.

This is the most comprehensive book ever published on philosophical methodology. A team of thirty-eight of the world's leading philosophers present original essays on various aspects of how philosophy should be and is done. The first part is devoted to broad traditions and approaches to philosophical methodology. The entries in the second part address topics in philosophical methodology, such as intuitions, conceptual analysis, and transcendental arguments. The third part of the book is devoted to essays about the interconnections between philosophy (...) and neighbouring fields, including those of mathematics, psychology, literature and film, and neuroscience. (shrink)

Abstract:This essay seeks to defend the claim that political philosophy ought to be appropriately guided by the phenomenon of politics that it seeks to both offer a theory of and, especially in its normative guise, offer a theory for. It does this primarily through the question of political values. It begins by arguing that for any value to qualify as a value for the political domain, it must be intelligible in relation to the constitutive features of politics as a human (...) activity. It then examines the extent to which the preconditions for the realization of values in practice ought to figure in our considerations as to whether they are values that fit or belong to our social world. We can understand these parts of the essay as responding to two related questions, respectively: (i) Is this a political value at all? — which is to ask, is it a value that is appropriate for the political realm?; and then (ii) Is this a political value for us? The final section responds to the often-made complaint that political philosophy ought not to make any concessions to the actual world of politics as it really is, arguing that attending to the realities of politics, and in particular the constitutive conditions of political activity, gives meaning to the enterprise as the theorization of politics (and not something else). Furthermore those same conditions provide the limits of intelligibility beyond which ideals and values can no longer be, in any meaningful sense, ideals and values for the political sphere. (shrink)

This article examines the methodology of a core branch of contemporary political theory or philosophy: “analytic” political theory. After distinguishing political theory from related fields, such as political science, moral philosophy, and legal theory, the article discusses the analysis of political concepts. It then turns to the notions of principles and theories, as distinct from concepts, and reviews the methods of assessing such principles and theories, for the purpose of justifying or criticizing them. Finally, it looks at a recent debate (...) on how abstract and idealized political theory should be, and assesses the significance of disagreement in political theory. The discussion is carried out from an angle inspired by the philosophy of science. (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)

Public reason accounts commonly claim that exercises of coercive political power must be justified by appeal to reasons accessible to all citizens. Such accounts are vulnerable to the objection that they cannot legitimate coercion to protect basic liberal rights against infringement by deeply illiberal people. This paper first elaborates the distinctive interpersonal conception of justification in public reason accounts in contrast to impersonal forms of justification. I then detail a core dissenter-based objection to public reason based on a worrisome example (...) advanced by Jonathan Quong. While we may be able to impersonally justify coercing the illiberal dissenter, public reason liberals must explain how we can interpersonally justify such coercion—meaning justify given the perspective of the dissenter. The two prominent strategies for dealing with dissenters involve idealization of reasoning and requiring liberal values; I show that these strategies do not succeed in a way compatible with the public reason project. That is, the prominent strategies leave public reason theorists with a dilemma between denying the legitimacy of using coercion to protect core freedoms against deeply illiberal people or abandoning the fundamental public reason project. I conclude by proposing a different answer to public reason liberalism’s fundamental question: what requires justification? On my account, it is not that coercion requires interpersonal justification for its permissibility, but that such justification is necessary as a constitutive element of a kind of moral community. (shrink)

Political realism criticises the putative abstraction, foundationalism and neglect of the agonistic dimension of political practice in the work of John Rawls. This paper argues that had Rawls not fully specified the implementation of his theory of justice in one particular form of political economy then he would be vulnerable to a realist critique. But he did present such an implementation: a property-owning democracy. An appreciation of Rawls s specificationist method undercuts the realist critique of his conception of justice as (...) fairness. (shrink)

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)

Political realists claim that politics should be regulated by a distinctive political normativity, one that does not rely on external, pre-political moral standards. It is in this sense that they distinguish political realism from ‘political moralism’, regarded as an approach that understands political theory as applied ethics. Importantly, realists’ anti-moralism is not motivated by the conviction that moral considerations do not play any role in the political realm. Rather, the target is the externalism of the normative resources on which moralist (...) theories typically ground their conceptions of legitimacy. In contrast to moralists, some realists have argued for the need to elaborate internal theories of legitimacy, ones that develop normativity internally – that is, from within the political context under evaluation. This commitment entails the effort to reconnect legitimacy to the beliefs and attitudes of people subjected to the political power. In these accounts of legitimacy, critique is typically exercised internally, by means of self-reflection and ideology critique. Contra some realists, I argue that some forms of externalism are desirable and compatible with internalist accounts of legitimacy, and I show how to accommodate them within internalist theories of legitimacy. They are desirable because they strengthen the emancipatory potential of internal reflection and, in some cases, even stimulate it, as when, because of political circumstances, internal critique cannot be exercised. In addition, they prevent internalist approaches from falling into descriptive accounts of de facto acceptance of power. These forms of external critique can be compatible with internalist accounts of legitimacy, provided that they do not contrast with what I call methodological and substantive internalism. Accordingly, in the article, I discuss which stances of external critique can and should be accommodated within internalist accounts of legitimacy, without renouncing to the realist character of the approach. (shrink)

How should automated vehicles (AVs) react in emergency circumstances? Most research projects and scientific literature deal with this question from a moral perspective. In particular, it is customary to treat emergencies involving AVs as instances of moral dilemmas and to use the trolley problem as a framework to address such alleged dilemmas. Some critics have pointed out some shortcomings of this strategy and have urged to focus on mundane traffic situations instead of trolley cases involving AVs. Besides, these authors rightly (...) point out the political nature of the most interesting debates involving AVs. However, in our view, they do not offer an adequate account of the distinction between ethics and politics and still see their proposals as contributions to the ethics of AVs. We argue that many of the interesting questions about how AVs should behave, both in emergency and other situations, are of political, and not moral, nature. This view is based on a conception of politics and political normativity that we have developed elsewhere and that we call “political minimalism.” Additionally, we show that this proposed perspective has significant consequences for the design, management, and regulation of transport systems. (shrink)

In the last ten or fifteen years, realism has emerged as a distinct approach in political theory. Realists are skeptical about the merits of abstract theories of justice. They regard peace, order, and stability as the primary goals of politics. One of the more concrete aims of realists is to develop a realist perspective on legitimacy. I argue that realist accounts of legitimacy are unconvincing, because they do not solve what I call the “puzzle of legitimacy”: the puzzle of how (...) some persons can have the right to rule over others, given that all persons are equals. I focus on the realist accounts of legitimacy developed by Bernard Williams and John Horton. (shrink)

What is the relationship between morals and politics? What is the relationship between moral philosophy and political philosophy? Defenders of political moralism postulate moral aims or constraints for politics, and hence they see political philosophy as a chapter of moral philosophy. Contrastingly, advocates of political realism describe politics as an independent endeavor aiming at providing order and security, and conceive of political philosophy as an autonomous discipline. This article claims that political moralism and political realism share the mistake of assuming (...) that politics has substantial, permanent goals or constraints. After criticizing political substantialism, the article explains the main ingredients of its alternative, political minimalism: the idea that politics, understood as collective instrumental rationality, aims at providing adequate means for the accomplishment of people's goals, whatever these are; and the conception of the relationship between morality and politics as one of “reciprocal containment.” Finally, it addresses some foreseeable criticisms of political minimalism. (shrink)

I argue that legitimacy discourses serve a gatekeeping function. They give practitioners telic standards for riding herd on social practices, ensuring that minimally acceptable versions of the practice are implemented. Such a function is a necessary part of implementing formalized social practices, especially including law. This gatekeeping account shows that political philosophers have misunderstood legitimacy; it is not secondary to justice and only necessary because we cannot agree about justice. Instead, it is a necessary feature of actual human social practices, (...) which must be implemented via practitioners' discretion in changing contexts. (shrink)

The tension between the authority of states and the authority of international institutions is a persistent feature of international relations. Legitimacy assessments of international institutions play a crucial role in resolving such tensions. If an international institution exercises legitimate authority, it creates binding obligations for states. According to Raz’s well-known service conception, legitimate authority depends on the reasons for actions of those who are subject to it. Yet what are the practical reasons that should guide the actions of states? Can (...) states be bound by international institutions on all kinds of issues or are certain issues exempted because of sovereignty considerations? This paper argues that self-regarding reasons cannot ground political authority with the respective demand for compliance. Since reasons for states concern individuals both inside and outside of their jurisdiction and other state peoples, self-regarding reasons for states, which form a domain of personal pursuits or sovereign decisions, are highly restricted. (shrink)

This essay explores the possible justification that liberal perfectionism may provide to an epistocratic regime. I suggest that epistocratic mechanisms and rules can maintain and improve epistemic autonomy, which itself contributes to the form of personal autonomy to which perfectionists grant a moral priority. Though not decisive, I claim that the Perfectionist Argument for Epistocracy partially justifies epistocracy. Because this argument is developed in the context of liberal social forms, this indicates the conceptual possibility of liberal epistocracy.

In this article, I explore some contemporary versions of character education with specific reference to the extent to which they are viewed as constituting a form of citizenship education. I argue that such approaches often end up displacing the idea of political education and, through their language and stated aims, avoid any genuine engagement with the very concept of the political in all but its most superficial sense. In discussing some of the points raised by critics of character education, I (...) defend the need for a more robust and radical conception of the political as a basis for a form of political education. (shrink)

Pettit (2006) argues that deferring to majority testimony is not generally rational: it may lead to inconsistent beliefs. He suggests that “another ... approach will do better”: deferring to supermajority testimony. But this approach may also lead to inconsistencies. In this paper, I describe conditions under which deference to supermajority testimony ensures consistency, and conditions under which it does not. I also introduce the concept of “consistency of degree k”, which is weaker than full consistency by ruling out only “blatant” (...) inconsistencies in an agent’s beliefs while permitting less blatant ones, and show that, while super-majoritarian deference often fails to ensure full consistency, it is a route to consistency in this weaker sense. (shrink)

Political realists have devoted much effort to clarifying the methodological specificity of realist theorising and defending its consistency as an approach to political reasoning. Yet the question of how to justify the realist approach has not received the same attention. In this article, I offer a prudential justification of political realism. To do so, I first characterise realism as anti-moralism. I then outline three possible arguments for the realist approach by availing myself of recent inquiries into the metatheoretical basis of (...) realism: The metaethical, the ethical and the prudential arguments. I explain that the prudential argument offers the most solid basis for political realism because it relies on the least controversial premises. Still, I delve into the metaethical and ethical arguments for two reasons: The prudential argument takes advantage of the theses defended by the rival arguments and elaborating the other arguments shows the comparative strengths of the prudential argument. (shrink)

Some moral value is transparent just in case an agent with average mental capacities can feasibly come to know whether some entity does, or does not, possess that value. In this paper, I consider whether legitimacy—that is, the property of exercises of political power to be permissible—is transparent. Implicit in much theorising about legitimacy is the idea that it is. I will offer two counter-arguments. First, injustice can defeat legitimacy, and injustice can be intransparent. Second, legitimacy can play a critical (...) function in our practical thought, which sometimes requires intransparency. (shrink)

Our aim is to defend the Precautionary Principle (PP) against the main theoretical and practical criticisms that it has raised by proposing a novel conception and a specific formulation of the principle. We first address the theoretical concerns against the idea of there being a principle of precaution by arguing for a distinctively political conception of the PP as opposed to a moral one. Our claim is that the rationale of the PP is grounded in the fact that contemporary societies (...) wish to avoid morally unacceptable risks while at the same time pursuing other goals, aspirations and values. Following this political conception of the PP, we propose a specific formulation in terms of an argumentation scheme—the Argumentation Scheme for Appealing to Precaution—which is meant to solve, in turn, the main practical concerns that the PP has raised. We explain the advantages of our proposal by analysing appeals to precaution in the cases of (1) the European restrictions on the free movement of persons during the COVID-19 pandemic and (2) the discharge of nuclear wastes into the Irish Sea. (shrink)

This article concerns freedom and financial markets. First, I consider the republican case for liberalization, extending Robert Taylor’s economic model of republicanism to financial markets. This case adopts what I call a “philosopher-king” approach to political theory, arguing by reference an ideal or first-best set of policies or reforms. Then, I investigate the negative externalities of several decades of financial market liberalization, including the erosion of political accountability and the growing concentration of political and economic power in the hands of (...) those best suited to profit from the rise of finance. From this “political economy” perspective, the impact of liberalization is clear: we paid for greater access to credit with political and economic domination. In republican terms, we traded freedom for credit. My analysis, moreover, has implications for republican debates on freedom and the market. In second-best worlds, where reforms will almost certainly be incremental, shaping the balance of power in ways that impact future policy, judging reforms by reference to a vision of domination-free markets will often suggest policies that make individuals less free. The political economy approach is far more relevant to debates about which economic institutions further or hinder freedom as non-domination. (shrink)

Michelman's Constitutional Essentials raises important questions about the idea of political liberalism and related idea of public reason. This essay offers a sympathetic commentary while also exploring the importance of the idea of reciprocity for both Rawls and Michelman.

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)

Political instrumentalism claims that the right to rule should be distributed such that justice is promoted best. Building on a distinction made by consequentialists in moral philosophy, I argue that instrumentalists should distinguish two levels of normative thinking about legitimacy, the critical and applied level. An indirect instrumentalism which acknowledges this distinction has significant advantages over simpler forms of instrumentalism that do not.

This article has an analytical and a constructive aim. The former consists in providing a taxonomy of the different ways progress can be defined, according to two variables: whether progress is conceived of in either a teleological or a processual way, and whether it relies on either a realist or a moralist approach to political normativity. After laying out the four resulting combinations, I proceed with the critical aim. This consists in proposing an argument for how political progress should be (...) conceived of. To do so, I first show that some teleological accounts of progress paradoxically risk being conservative, while processual ones are politically progressive and should therefore be privileged over the former. Second, and relatedly, I shed light on which are the standards for a genuinely progressive notion of political progress. Finally, I argue that a processual realist notion of political progress is more able than the rival conceptions to comply with these standards. (shrink)

A faulty understanding of the relationship between morality and politics encumbers many contemporary debates on human enhancement. As a result, some ethical reflections on enhancement undervalue its social dimensions, while some social approaches to the topic lack normative import. In this essay, I use my own conception of the relationship between ethics and politics, which I call “political minimalism,” in order to support and strengthen the existing social perspectives on human-enhancement technologies.

Contemporary political philosophers are often uncomfortable with the notion that a conception of the good life can be developed out of liberalism. Liberalism, they say, should remain neutral out of respect for pluralism. Early liberals of the nineteenth century, however, understood their project as a vindication of the good life, along with a diagnosis of what threatens it. This article attempts to build a conception of the good life from liberal values and sensibilities, yet not run afoul of the need (...) to respect pluralism. It draws on early and contemporary liberals, as well as popular culture, to sketch a way of life that is fulfilling and available for us today. (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)

Just as different sciences deal with different facts—say, physics versus biology—so we may ask a similar question about normative theories. Is normative political theory concerned with the same normative facts as moral theory or different ones? By developing an analogy with the sciences, we argue that the normative facts of political theory belong to a higher— more coarse-grained—level than those of moral theory. The latter are multiply realizable by the former: competing facts at the moral level can underpin the same (...) facts at the political one. Consequently, some questions that moral theories answer are indeterminate at the political level. This proposal offers a novel interpretation of John Rawls’s idea that, in public reasoning, we should abstract away from comprehensive moral doctrines. We contrast our distinction between facts at different levels with the distinction between admissible and inadmissible evidence and discuss some implications for the practice of political theory. (shrink)

While the volume of material inspired by Rawls’s reinvigoration of the discipline back in 1971 has still not begun to subside, its significance has been in serious decline for quite some time. New and important work is appearing less and less frequently, while the scope of the work that is appearing is getting smaller and more internal and its practical applications more difficult to discern. The discipline has reached a point of intellectual stagnation, even as real-world events suggest that the (...) need for what political philosophy can provide could not be more critical. What follows then is a set of statements about how I believe that we, as political philosophers, should approach what we do. It contains my view as to what political philosophy should be about, how political philosophy should be done, and how courses in political philosophy should be taught, interlaced with commentary on the current state of the profession. (shrink)

This article examines G. A. Cohen’s endorsement of a hybrid ethical theory and its relationship to his critique of John Rawls’s egalitarian liberalism. Cohen claimed that Rawls’s appeal to special incentives was a distortion of his own difference principle. I argue that Cohen’s acceptance of a personal prerogative (the central element of Samuel Scheffler’s version of a hybrid ethical theory) has several untoward consequences. First, it illuminates how any reasonable challenge to Rawls’s liberalism must recognise Thomas Nagel’s arguments concerning the (...) problems that arise when one attempts to implement a political theory analogous to a hybrid theory of ethics. Second, it undermines Cohen’s critique of Rawls. Third, it undermines the plausibility of Cohen’s ethos-driven social egalitarianism. The article concludes that, despite Nagel’s concerns, the most plausible form of egalitarianism—one that can accommodate the requirements of a hybrid ethical theory—will be Rawlsian, rather than Cohen’s ethos-based system. (shrink)

In the present essay, I argue that the current EU governance reflects a contradiction between the presumption of a European constitutional framework based on human rights, democracy and the rule of law and the recently adopted economic stability governance defined outside the horizon of the EU treaties. I propose to understand this scenario through the prism of two distinct and context-specific assumptions: a political-sociological hypothesis for which internal contradictions of capitalism are thought to be capable of ‘self-displacing’ to other societal (...) sectors and a political-philosophical thesis for which EU governance is connected to a decrease in democratic legitimacy and right-standards due to hegemonic control by economic powers. Both hypotheses testify to the lowering of the standards of protection of fundamental rights and member states’ regulatory capacities as well as to an overall de-constitutionalization of the EU architecture. (shrink)

This article sets out an argument from legitimacy for the proposed Indigenous Voice to Parliament in Australia. The article first sets out an understanding of political legitimacy and of legitimacy deficits and argues that the Australian Government faces a legitimacy deficit with respect to its exercise of political power and authority over Indigenous Australians. The deficit arises, it is argued, because Indigenous Australians face significant structural injustice and there is little hope of redressing this injustice within the prevailing governing conventions. (...) The article then argues that the proposed Indigenous Voice to Parliament ought to be seen as part of a package to address this legitimacy deficit by resetting the governing conventions of Australian society. The argument from legitimacy is then compared favorably with more familiar arguments from sovereignty and the right to self-determination. (shrink)

La epistemología política es un ámbito de investigación en progresiva construcción que se sitúa en la intersección de la filosofía política y de la epistemología, que, quizás por su reciente aparición en la literatura académica, tiene más un aire de familia, que muestran las colecciones de temas (injusticia epistémica, ignorancia estructural, democracia y expertos) que una construcción conceptual que dé cuenta de tal intersección de lo político y lo epistemológico. Este trabajo propone una explicación de este espacio de confluencia y (...) lo entiende como la interacción (positiva y negativa) de las posiciones sociales y cognitivas de los agentes. En este espacio, las demandas de justicia y conocimiento se influyen reforzándose o debilitándose. La dinámica común (justicia-conocimiento) es lo que constituye este campo de investigación en el que la diversidad de temas que han sido tratados hasta el momento son expresiones de las situaciones y circunstancias sociales en las que las virtudes de la justicia y el conocimiento se constriñen mutuamente. (shrink)

This article argues that the liberalism of fear provides a useful theoretical framework for public health ethics in two fronts. First, it helps reconcile the tension between public health interventions and liberal politics. Second, it reinforces the existing justifications for public health interventions in liberal political culture. The article discusses this in the context of political emotions in the COVID-19 pandemic. Fear plays a central role in the experiences of pandemic politics, and such fear is extended to the concern that (...) post-pandemic government would normalize emergency politics and threaten the political culture of liberal democracy. The article proposes that the liberalism of fear provides a theoretical solution not only to alleviate such fear, but also to reconcile the long-established tension between liberal politics and public health intervention. This is particularly so if the liberalism of fear’s characteristic of political realism is taken into account. The article makes two points about this, and discusses their pragmatic implications in the case of compulsory vaccination. (shrink)

In Why Not Socialism ?, G. A. Cohen argues that market society and capitalism are intrinsically repugnant. He asks us to imagine an ideal camping trip, which becomes increasing repugnant as it shifts from living by socialist to capitalist principles. In this paper, I expose the limits of this style of argument by making a parallel argument, which shows how an ideal anarchist camping trip becomes increasingly repugnant as the campsite turns from anarchism to democracy. When we see why this (...) style of argument fails to generate interesting objections to democracy, we then see why it also fails to generate interesting objections to market society. (shrink)

For political realists, legitimacy is a central requirement for the desirability of political institutions. Their detractors contend that it is either descriptive, and thus devoid of critical potential, or it relies on some moralist value that realists reject. We defend a functionalist reading of realist legitimacy: descriptive legitimacy, that is, the capacity of a political institution to generate beliefs in its right to rule as opposed to commanding through coercion alone, is desirable in virtue of its functional role. First, descriptive (...) legitimacy plays an evaluative role: Institutions can fail to convince citizens that they have a right to rule and can be ranked by how well they do so. Second, descriptive legitimacy plays a normative role, because if an institution fails to convince subjects of its right to rule, this gives them a reason not to comply with its directives, even if it satisfies philosophers’ standards for possessing such right. (shrink)

The transformation of international law has provoked a burgeoning literature on various conceptual and normative questions, such as the nature and legitimacy of international authorities. Constitutional and international scholars have so far been attracted to domestic normative theories such as constitutionalism, democratic legitimacy, and the rule of law. This attraction often comes at the expense of a more fundamental and prior question: How best to carry out this normative investigation and which normative theory to put into use in assessing the (...) moral value of international authorities? This “meta-theoretical question” invites us to investigate the methodology of transnational constitutional theorizing by prompting discussions on which normative theory is more suitable for application at the international level. This review article brings into dialogue two recently published books (Sadurski’s Constitutional Public Reason and Mac Amhlaigh’s New Constitutional Horizons) that partially address this meta-theoretical question by prompting us to reflect on how best to conduct transnational constitutional theorizing. (shrink)

I should begin by thanking Brian Berkey for his thoughtful discussion of my paper. As will be clear from what follows, I think that, in several instances, Berke.

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)

What justifies political power? Most philosophers argue that consent or democracy are important, in other words, it matters how power is exercised. But this book argues that outcomes primarily matter to justifying power.

This paper examines the relationship between the fields of moral and political philosophy and the study of ideology. It begins by addressing a number of reservations philosophers usually have regarding the scholarly status of ideology research. It then proceeds to highlight the distinct style of philosophical inquiry, namely, its seamless continuity between the study of philosophy and the arguments it examines, which contrasts with the professional language of the study of ideologies, clearly distinguished from that of ideologues. The paper then (...) presents a conceptual perspective for the study of ideologies that complements the contributions from moral and political philosophy. Arguably, moral and political philosophy and ideology studies can fruitfully share methods and insights. (shrink)