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)

This dissertation addresses a debate about the proper relationship between democratic theory and institutions. The debate has been waged between two rival approaches: on the one side is an aggregative and economic theory of democracy, known as constitutional economics, and on the other side is deliberative democracy. The two sides endorse starkly different positions on the issue of what makes a democracy legitimate and stable within an institutional setting. Constitutional economists model political agents in the same way that neoclassical economists (...) model economic agents, that is, as self-regarding, rational maximizers; so that evaluations of democratic legitimacy and stability depend on the extent to which the design of institutional rules and practices maximize individual utility by promoting efficient schemes of collective choice. Deliberative democrats, on the other hand, understand political agents as communicative reason-giving subjects who justify their preferences and positions on issues that jointly affect them in a process of consensus-directed discourse, or deliberation; so that evaluations of democratic legitimacy and order depend on the degree to which institutional norms and practices promote deliberation and draw upon deliberated public judgment. I argue that despite the numerous incompatibilities between constitutional economics and deliberative democracy—which amount to a 'deep divide'—an opportunity to produce a genuine synthesis of the two approaches arises inasmuch as it is possible to overcome several points of opposition in their separate research programmes. The central thesis of the dissertation is that it is possible to construct a bridge spanning the divide between constitutional economists and deliberative democrats, and that Dewey and Bentley's transactional view can facilitate this bridge-building project. Pursuant to this end, the points of opposition between the v research programmes are mediated by way of five concepts which, on balance, favor deliberative democracy and its feasible institutionalization. (shrink)

Sociologists of education often emphasize goods that result from a practice (external goods) rather than goods intrinsic to a practice (internal goods). The authors draw from John Dewey and Alasdair MacIntyre to describe how the same practice can be understood as producing “skills” that center external goods or as producing habits (Dewey) or virtues (MacIntyre), both of which center internal goods. The authors situate these concepts within sociology of education’s stratification paradigm and a renewed interest in the concept of alienation, (...) contrasting the concepts of skills, habits, and virtues to capital, credentials, and habitus. They close by connecting the argument to broader critiques of procedural liberalism and the ideology of meritocracy, then giving suggestions for an expanded sociology of education beyond the stratification paradigm. (shrink)

The attention economy — the market where consumers’ attention is exchanged for goods and services — poses a variety of threats to individuals’ autonomy, which, at minimum, involves the ability to set and pursue ends for oneself. It has been argued that the threat wireless mobile devices pose to autonomy gives rise to a duty to oneself to be a digital minimalist, one whose interactions with digital technologies are intentional such that they do not conflict with their ends. In this (...) paper, we argue that there is a corresponding duty to others to be an attention ecologist, one who promotes digital minimalism in others. Although the moral reasons for being an attention ecologist are similar to those that motivate the duty to oneself, the arguments diverge in important ways. We explore the application of this duty in various domains where we have special obligations to promote autonomy in virtue of the different roles we play in the lives of others, such as parents and teachers. We also discuss the consequences of our arguments for employers, software developers, and policy makers. (shrink)

In this article I interpret John Rawls’s concept of the original position as a spiritual exercise. In addition to the standard interpretation of the original position as an expository device to select principles of justice for the fundamental institutions of society, I argue that Rawls also envisages it as a “spiritual exercise”: a voluntary personal practice intended to bring about a transformation of the self. To make this argument, I draw on the work of Pierre Hadot, a philosopher and classicist, (...) who introduced the idea of spiritual exercises as central to ancient and modern conceptions of philosophy. By reading Rawls alongside Hadot, this article portrays Rawls as a thinker deeply concerned with the question of how subjects can lead more just and fulfilling lives. It also proposes that the original position as a spiritual exercise can help defend liberalism as a social and political doctrine. (shrink)

Offering the first developed account of political liberal education, this book combines a thorough analysis of the theoretical groundwork of political liberal education with application-oriented approaches to contemporary educational challenges. Following in depth engagement with the shortcomings of Rawls’ theory and addressing some key objections to neutrality-based restrictions in education, the volume moves on to provide an insightful discussion of topics such as same-sex relations in sex-education, the position of migrant children and the rights of religious parents to determine the (...) education of their children. This book outlines a political liberal account of education which provides a useful contribution to the current debates about liberalism and education in a way unprecedented in the literature on political liberalism so far. It is of interest to anyone working at the intersection of political philosophy and philosophy of education as well as for scholars with a broader interest in how liberalism can respond to the challenges of value pluralism. (shrink)

This chapter explores Rainer Forst’s justification-centric view of nondomination toleration. This view places an idea of equal respect and a corresponding requirement of reciprocal and general justification at the core of non-domination toleration. After reconstructing this view, this chapter addresses two issues. First, even if this idea of equal respect requires the limits of non-domination toleration to be drawn in a manner that is equally justifiable to all affected people, equal justifiability should not be understood in terms of Forst’s requirement (...) of reciprocal and general acceptability. Second, for the equal justifiability of relevant constraints to ensure non-domination outcomes, discursive equality must be understood in substantive, purchase-sensitive terms. This means that a justification-centric view of non-domination toleration stands or falls with the participation value of what it regards as the standards of justification. This places reasonably contested matters of value at the heart of such views. (shrink)

Recently the educational task of the public school has been repeatedly challenged. Citizenship has not been spared from criticism and its legitimacy has been questioned. The article discusses the issue of the legitimacy of citizenship education in public schools, specifying the meaning of neutrality of which it proposes a narrow interpretation. On this basis the article examines four philosophical models of citizenship education (communitarianism, civic humanism, liberalism, republicanism). The analysis suggests that the republican model of citizenship education is the most (...) appropriate; it needs however a liberal adaptation. The proposed solution of a liberal republicanism is illustrated with a critical examination of the duty of civility. (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)

Journal of Social Philosophy, EarlyView.

Based on Steven Wall's work I take perfectionism in political philosophy to include two components: the objective good and the non-neutral state. Some perfectionist theories aim to be liberal. But given the objective good component perfectionism seems to be unable to accommodate the commitment to value pluralism found in liberalism, this is what I call the challenge of pluralism. The perfectionist reply is to claim that their objective good can also be plural and thus there is no conflict. My aim (...) in this paper is to show that this reply does not work. I do this by looking at three different ways we could conceive of perfectionist theories as plural and show how each is unsatisfactory. (shrink)

This paper explores the idea of robust discursive equality on which respect-based conceptions of justificatory reciprocity often draw. I distinguish between formal and substantive discursive equality and argue that if justificatory reciprocity requires that people be accorded formally equal discursive standing, robust discursive equality should not be construed as requiring standing that is equal substantively, or in terms of its discursive purchase. Still, robust discursive equality is purchase sensitive: it does not obtain when discursive standing is impermissibly unequal in purchase. (...) I then showcase different candidate conceptions of purchase justice, and draw conclusions about the substantive commitments of justificatory reciprocity. (shrink)

The idea that a person might have a duty to defer to the moral judgments of others is typically something that arouses our suspicion, in ways that other kinds of deference do not. One explanation for this is the value of autonomy. According to this explanation, people have a duty to be autonomous, and any act of deferring to another person’s moral judgement is not an autonomous action. Call this “the Autonomy Argument” against moral deference. In this article, I criticise (...) the Autonomy Argument. I argue that, even if we accept that an act of moral deference can never be autonomous, those who believe that people have a duty to be autonomous must accept that acts of moral deference are morally necessary. This is because some people are incapable of becoming autonomous by themselves, and deferring to a moral expert is the only way they might ever become autonomous. (shrink)

In an influential article, Simon C. May forcefully argued that, properly understood, there can never be principled reasons for moral compromise. While there may be pragmatic reasons for compromising that involve, for instance, concern for political expediency or for stability, there are properly speaking no principled reasons to compromise. My aim in the article is to show how principled moral compromise in the context of moral disagreements over policy options is possible. I argue that when we disagree, principled reasons favoring (...) compromises or compromising can assume a more significant part of what makes a position all things considered best, and in this way disagreement can ground moral compromise. (shrink)

Virtue liberalism holds that the success of liberal politics and society depends on the citizenry possessing a set of liberal virtues, including traits like open-mindedness, toleration, and individual autonomy. Virtue liberalism is thus an ethically demanding conception of liberalism that is at odds with conceptions, like Rawlsian political liberalism andmodus vivendiliberalism, that attempt to minimize liberalism’s ethical impact in order to accommodate a greater range of ethical pluralism. Although he claims to be a Rawlsian political liberal, Richard Rorty’s pragmatic liberalism (...) is best understood as a version of virtue liberalism that, in particular, recommends a controversial civic virtue of irony for good liberal citizenship. Indeed, Rorty ultimately joins Dewey in conceiving of liberal democracy as a “way of life,” rather than merely a set of political relations that have a minimal effect on our characters or on the shape of our private commitments and projects. (shrink)

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

Reprint of an article initially appearing in Educational Philosophy and Theory (2015).

The central feature of modern liberal political morality is the principle of equal respect for persons. According to Ronald Dworkin, governments have an obligation to treat each person as an equal, with equal concern and respect. In distributive contexts, this principle stipulates that each individual is entitled to an “equal” share of social resources, where equal is a function of what is required by the abstract principle of equal concern and respect. For Dworkin, this requirement means that liberal justice is (...) fundamentally concerned with treating peopleas equalsand notequally. By treating someone as an equal he supposes that government must treat each of its citizens with equal dignity, regarding her as an individual with a standing interest in leading a truly good life. By contrast, to treat someone equally, according to Dworkin, “...requires that government treat all those in its chargeequallyin the distribution of some resource or opportunity....” To treat persons as equals, that is, with equal concern and respect, is to arrange for all individuals to receive those material goods and opportunities that make living a good life possible. For my purposes, I will assume that treating people as equals is the constitutive feature of liberal equality. (shrink)

How should we assess programs dedicated to education in virtue? One influential answer draws on quantitative research designs. By measuring the inputs and processes that produce the highest levels of virtue among participants according to some reasonable criterion, in this view, we can determine which programs engender the most desired results. Although many outcomes of character education can undoubtedly be assessed in this way, taken on its own, this approach may support favorable judgments about programs that indoctrinate rather than educate, (...) because education in character entails teleological thinking that is volitional not merely determined. I argue instead that proper assessment of virtue requires an expansive view of character education in both particular and common goods that avoids the tendency to indoctrinate and an inclusive conception of measurement that takes into account qualitative in addition to quantitative methodologies. (shrink)

Toleration is one of many responses toward diversity and difference. With the growing diversity, the theme of toleration has often taken center stage in discussions of multiculturalism and social pluralism. Nonetheless, it has not received much attention in the social work profession. Social workers often encounter situations in which they face a choice between tolerating and not tolerating. We argue that toleration is a legitimate and relevant topic in social work discourse. To make this point, first, this paper discusses different (...) conceptions of toleration. Then, it demonstrates its relevance to social work and explores a potential benefit of including the idea of toleration in social work discourse. Social work code of ethics implicitly supports toleration, or at least respect-toleration and esteem-toleration. Incorporating toleration in social work discourse may help social workers to better cope with or reduce ethical stress and disjuncture. (shrink)

The paper challenges the view that public justification sits well with emancipatory and egalitarian intuitions. I distinguish between the depth, scope and the purchase of the discursive standing that such justification allocates, and situate within this matrix Rawls’s view of public justification. A standard objection to this view is that public justification should be more inclusive in scope. This is both plausible and problematic in emancipatory and egalitarian terms. If inclusive public justification allocates discursive standing that is rich in purchase, (...) as seems desirable in emancipatory terms, it may be unable to allocate equal standing to all relevant people. And if it is to allocate equal standing, then the equality of that standing should be construed in terms that allow for unequal discursive purchase. (shrink)

Rainer Forst’s constructivism argues that a right to justification provides a reasonably non-rejectable foundation of justice. With an exemplary focus on his attempt to ground human rights, I argue that this right cannot provide such a foundation. To accord to others such a right is to include them in the scope of discursive respect. But it is reasonably contested whether we should accord to others equal discursive respect. It follows that Forst’s constructivism cannot ground human rights, or justice, categorically. At (...) best, it can ground them hypothetically. This opens the door wide for ethical foundations of human rights. (shrink)

There is a kernel of truth in the claim that Western, and especially Anglo-American-Australasian, normative philosophy, including that relating to the philosophy of education, is individualistic; it tends to prize properties that are internal to a human being such as her autonomy, rationality, pleasure, desires, self-esteem, self-realization and virtues relating to, say, her intellect. One notable exception is the idea that students ought to be educated in order to be citizens, participants in a democratic and cosmopolitan order, but, compared to (...) non-Western traditions, this social element is thin. What is striking about other philosophical backgrounds in the East and the South, such as sub-Saharan reflection on the proper ends of education, is that they are typically much more communitarian, and are so in ways that differ from dominant forms of communitarianism in the West. I argue that since geographical terms such as ‘Western’, ‘African’ and the like are best construed as picking out properties that are particularly salient in a region, it is fair to conclude that individualism is Western and not African, or, more carefully, that it is much more Western than it is African, and that converse remarks go for communitarianism. What this means is that, if I am correct about a glaring contrast between philosophies of education typical in the West and in sub-Saharan Africa, and if there are, upon reflection, attractive facets of communitarianism, then countries such as the UK, the US and Australia in some real sense must become less Western in order to take them on. (shrink)

Este ensayo se ocupa de discutir el renacimiento de la tradición republicana en los últimos años, particularmente gracias a pensadores como Quentin Skinner, Maurizio Viroli y Philip Pettit. Se aborda esta tradición en sus principales elementos constitutivos, a saber: 1) el concepto de república propiamente dicho; 2) el papel central de las virtudes cívicas; 3) la concepción republicana de libertad; y 4) el concepto de gobierno de las leyes. Se desarrolla, en primer lugar, un breve análisis de estos cuatros elementos, (...) al mismo tiempo que se ponen en evidencia algunos problemas históricos y teóricos. A continuación, se compara la posición de los teóricos republicanos, tanto clásicos como contemporáneos, con la propia de la tradición liberal-democrática, que, para aquéllos, constituye el principal blanco de esta polémica. Finalmente, se introduce una nueva corriente de pensamiento que los neo-republicanos dejan, curiosamente, de lado: el constitucionalismo. (shrink)

Helen Frowe has recently offered what she calls a “practical” account of self-defense. Her account is supposed to be practical by being subjectivist about permissibility and objectivist about liability. I shall argue here that Frowe first makes up a problem that does not exist and then fails to solve it. To wit, her claim that objectivist accounts of permissibility cannot be action-guiding is wrong; and her own account of permissibility actually retains an objectivist (in the relevant sense) element. In addition, (...) her attempt to restrict subjectivism primarily to “urgent” situations like self-defense contradicts her own point of departure and is either incoherent or futile. Finally, the only actual whole-heartedly objectivist account she criticizes is an easy target; while those objectivist accounts one finds in certain Western European jurisdictions are immune to her criticisms. Those accounts are also clearly superior to hers in terms of action-guidingness. (shrink)

This article argues that Buddhists can consistently support autonomy as an educational ideal. The article defines autonomy as a matter of thinking and acting according to principles that one has oneself endorsed, showing the relationship between this ideal and the possession of an enduring self. Three central Buddhist doctrines of conditioned arising, impermanence and anatman are examined, showing a prima facie conflict between autonomy and Buddhist philosophy. Drawing on the ‘two truths’ theory of Nagarjuna, it is then shown that the (...) prima facie conflict can be defused by noting that the self has reality at one level, but is a fiction at another level. This approach allows us a new way of seeing autonomy as an extrinsic value—as a step in the journey towards nirvana, but of no value once one has achieved nirvana. (shrink)

What kind of equality among Europeans does equal citizenship require, especially regarding education? In particular, is there good reason to insist of equality of education among Europeans—and if so, equality of what? To what extent should the same knowledge base and citizenship norms be taught across state borders and religious and other normative divides? At least three philosophical issues merit attention: (a) The requirements of multiple democratic citizenships beyond the nation state; (b) how to respect diversity while securing such equality (...) and inculcating commitments to justice and norms of citizenship, and (c) The multiple reasons for equality of various kinds among political equals living in a Union as compared to a unitary state. The article responds on the basis of several arguments in favour of certain kinds of equality. All Union citizens must enjoy a high minimum level of education, and all pupils must be informed concerning the various ways of life prevalent in Europe. Furthermore, there must be standards for securing equality of opportunity across the EU, though it is difficult to measure under multiculturalism. Citizens must also be socialised to certain ‘citizenship norms’. This shared basis to be taught in schools should avoid contested religious or philosophical premises as far as possible. Yet the school system should socialise pupils to three commitments: to the just domestic and European institutions and hence the legislation they engender, to principles that justify these institutions; and to a political theory that grounds these principles in a conception of the proper role of individuals, of member states and of the Union. I also argue that equality of result is not a plausible normative requirement among Europeans, while equality of opportunity is. The paper concludes with some comments on the lessons to be drawn for ‘Global’ citizenship. (shrink)

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

In this paper, I attempt to revamp Confucian democracy, which is originally presented as the communitarian corrective and cultural alternative to Western liberal democracy, into a robust democratic political theory and practice that is plausible in the societal context of pluralism. In order to do so, I first investigate the core tenets of value pluralism with reference to William Galston’s political theory, which gives full attention to the intrinsic value of diversity and human plurality particularly in the modern democratic context. (...) I then construct a political theory of Confucian pluralist democracy by critically engaging with two dominant versions of Confucian democracy—Confucian communitarian democracy and Confucian meritocratic democracy. My key argument is threefold: (1) the unity in Confucian democracy should be interpreted not as moral unity but as constitutional unity; (2) Confucian virtues should be differentiated (or pluralized) between moral virtues and civic virtues; (3) in Confucian democracy minorities have the constitutional right to contest public norms in civil society. (shrink)

In this paper I offer a distinctive epistemic rationale for the liberal practice of constant and ostentatious reason-giving in the political context. Epistemic trust is essential to democratic governance because as citizens we can only make informed decisions by relying on the claims of moral, scientific, and practical authorities around us. Yet rational epistemic trust is also uniquely fragile in the political context in light of both the radical inclusiveness of the relevant epistemic community (i.e., everyone who participates in the (...) political process) and the conflicting interests bound up in policy debate. I argue that liberal justification is a necessary condition for warranted epistemic trust in this context, and therefore a necessary condition for healthy public inquiry about politically significant questions. (shrink)

In recent years liberals have had much to say about the kinds of reasons that citizens should offer one another when they engage in public political debates about existing or proposed laws. One of the more notable claims that has been made by a number of prominent liberals is that citizens should not rely on religious reasons alone when persuading one another to support or oppose a given law or policy. Unsurprisingly, this claim is rejected by many religious citizens, including (...) those who are also committed to liberalism. In this paper I revisit that debate and ask whether liberal citizens have a moral obligation not to explain their support for existing or proposed laws on the basis of religious reasons alone. I suggest that for most (ordinary) citizens no such obligation exists and that individuals are entitled to explain their support for a specific law and to persuade others of the merits of that law on the basis of religious reasons alone (though there may be sound prudential reasons for not doing so). My argument is grounded in the claim that in most instances advocating laws on the basis of religious reasons alone is consistent with treating citizens with equal respect. However, I acknowledge an exception to that claim is to be found when using religious reasons to justify a law also implies that the state endorses those reasons. For this reason I argue that there is a moral obligation for some (publicly influential) citizens, and especially those who hold public office, to refrain from explaining their support for existing or proposed laws on the basis of religious reasons. I conclude by suggesting that this understanding of the role of religion in public political discourse and the obligations of liberal citizens is a better reflection of our experience of liberal citizenship than that given in some well-known accounts of liberalism. (shrink)

I first provide an analysis of Joel Feinberg’s anti-paternalism in terms of invalidation of reasons. Invalidation is the blocking of reasons from influencing the moral status of actions, in this case the blocking of personal good reasons from supporting liberty-limiting actions. Invalidation is shown to be distinct from moral side constraints and lexical ordering of values and reasons. I then go on to argue that anti-paternalism as invalidation is morally unreasonable on at least four grounds, none of which presuppose that (...) people can be mistaken about their own good: First, the doctrine entails that we should sometimes allow people to unintentionally severely harm or kill themselves though we could easily stop them. Second, it entails that we should sometimes allow perfectly informed and rational people to risk the lives of themselves and others, though they are in perfect agreement with us on what reasons we have to stop them for their own good. Third, the doctrine leaves unexplained why we may benevolently coerce less competent but substantially autonomous people, such as young teens, but not adults. Last, it entails that there are peculiar jumps in justifiability between very similar actions. I conclude that as liberals we should reject anti-paternalism and focus our efforts on explicating important liberal values, thereby showing why liberty reasons sometimes override strong personal good reasons, though never by making them invalid. (shrink)

The paper advances a non-orthodox reading of political liberalism’s view of political legitimacy, the view of public political justification that comes with it, and the idea of the reasonable at the heart of these views. Political liberalism entails that full discursive standing should be accorded only to people who are reasonable in a substantive sense. As the paper argues, this renders political liberalism dogmatic and exclusivist at the level of arguments for or against normative theories of justice. Against that background, (...) the paper considers aspects of a more plausible, deeper and more inclusive idea of public political justification that builds on a thinner, potentially cosmopolitan idea of the reasonable. The paper considers what content such an idea may have, and identifies a method of inclusive abstraction through which it may be enriched in content to render it fruitful for the purposes of a justification of principles of political justice. But the move toward more depth and inclusiveness faces constructivism with two challenges. First, inclusivism about the scope of political justification might not be able to avoid dogmatism unless it invokes perfectionist considerations. And second, the authority and appeal of a fruitfully rich idea of the reasonable depends on whether the addressees of political justification already value wide acceptability. (shrink)

A polity is grounded in a modus vivendi (MV) when its main features can be presented as the outcome of a virtually unrestricted bargaining process. Is MV compatible with the consensus-based account of liberal legitimacy, i.e. the view that political authority is well grounded only if the citizenry have in some sense freely consented to its exercise? I show that the attraction of MV for consensus theorists lies mainly in the thought that a MV can be presented as legitimated through (...) a realist account of public justification. Yet I argue that, because of persistent ethical diversity, that realism problematically conflicts with the liberal commitments that underpin the very ideas of consensus and public justification. Thus, despite the interest it has recently attracted from critics of political liberalism and deliberative democracy, MV is not an option for those wishing to ground liberal political authority in some form of consensus. So if realist and agonistic critiques are on target, then the fact that modus vivendi is not an option casts some serious doubt on the viability of the consensus view of liberal legitimacy. (shrink)

Awareness of, and respect for differences of gender, race, religion, language, and culture have liberated many oppressed groups from the hegemony of white, Western males. However, respect for previously denigrated collective identities should not be allowed to confine individuals to identities constructed around one main component used for political mobilisation, or to identities that depend on a priority of properties that are not optional, like race, gender, and language. In this article I want to sketch an approach for accommodating different (...) kinds of identity within a multicultural constitutional democracy. From a vantage point provided by a definition and explanation of personal identity, I want to show how people define, construct and change their personal identities to make themselves into unique individuals. Next I show how democratic political institutions and the personal identities of individuals reciprocally influence one another. In the final section I sketch ways in which diverse personal identities ought to be accommodated in multicultural constitutional democracies. The conclusion is that a society which gives its members the liberty, space, and opportunity to freely construct their own identities might avoid the formation of closed groups committed exclusively to their own sectional interests. (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)

A large number of prominent philosophers have in recent years advocated the thesis that the modern nation-state should adopt a stance of neutrality toward questions about the nature of the human good. The government, according to this way of thinking, has two proper goals, neither of which require it to make assumptions about what the constituents of a flourishing life are. First, the state must protect people against the invasion of their rights and uphold those principles of justice without which (...) there can be no stable and lasting social order. This goal is accomplished through a guarantee of basic civil liberties and the enforcement of a criminal code that prohibits murder, theft, fraud, and other widely recognized harms. Second, the state should promote the general welfare of the citizens by providing them with or helping them acquire the resources they need in order to lead lives of their own choosing. There are certain all-purpose means that people need in order to accomplish their goals—money, health, opportunities for employment—and it is legitimate for the state to pursue policies that enable citizens to acquire these goods. It may build roads, raise an army, regulate the economy, insure standards of safety, and supervise any other projects that give people the basic wherewithal they need to pursue their own ends. (shrink)

This essay considers the nature of reasonableness, the distinctive elements of democratic reasonableness, and the benefits that having reasonable citizens confer upon democratic societies. The central theses of the essay include the claims that we can identify a set of norms and a mode of political behavior justifiably construable as constituting democratic reasonableness and that widespread adherence to norms of democratic reasonableness contributes significantly to the stability, legitimacy, and effectiveness of democratic regimes. There are, however, limits to the substantive determinacy (...) of judgments predicated upon these norms, which are largely procedural even though they are grounded in core democratic moral axioms; and the failure to observe and respect these limits can be counterproductive. (shrink)

Although contemporary Confucianists tend to view Western liberalism as pitting the individual against society, recent liberal scholarship has vigorously claimed that liberal polity is indeed grounded in the self-transformation that produces “liberal virtues.” To meet this challenge, this essay presents a sophisticated Confucian critique of liberalism by arguing that there is an appreciable contrast between liberal and Confucian self-transformation and between liberal and Confucian virtues. By contrasting Locke and Confucius, key representatives of each tradition, this essay shows that both liberalism (...) and Confucianism aim to reconstruct a society freed from antisocial passions entailing a vicious politics of resentment, and yet come to differing ethical and political resolutions. My key claim is that what makes Confucian self-cultivation so distinctive is the incorporation of ritual propriety ( li ) within it, whereas liberal self-transformation that relies heavily on a method of self-control comes back to the problem that it originally set out to overcome. (shrink)

Kantian constructivists accord a constitutive, justificatory role to the issue of scope: they typically claim that first-order practical thought depends for its authority on being suitably acceptable within the right scope, or by all relevant others, and some Kantian constructivists, notably Onora O'Neill, hold that our views of the nature and criteria of practical reasoning also depend for their authority on being suitably acceptable within the right scope. The paper considers whether O'Neill-type Kantian constructivism can coherently accord this key role (...) to the issue of scope while adhering to the universalist, ‘cosmopolitan’ commitments at its core. The paper argues that this is not so. On the one hand, it shows that O'Neill's attempt to ‘fix’ the scope of practical reasoning supposes, rather than establishes, a view of ethical standing and the scope of practical reasoning. On the other hand, the paper argues that Kantian constructivism should endorse a non-constructivist, perfectionist view of the good to determine that scope. The paper thereby supports the perfectionist conjecture that Kantian constructivism, in order to defend its universalist commitments, should take refuge in non-constructivist, perfectionist considerations, and that Kantian constructivism should therefore construe perfectionism as a partial, though uneasy, ally. (shrink)

For many contemporary liberal political philosophers the appropriate response to the facts of pluralism is the requirement of public reasonableness, namely that individuals should be able to offer to their fellow citizens reasons for their political actions that can generally be accepted.This article finds wanting two possible arguments for such a requirement: one from a liberal principle of legitimacy and the other from a natural duty of political civility. A respect in which conversational restraint in the face of political agreement (...) involves incivility is sketched.The proceduralist view which commends substantive disagreement within agreement on procedures is briefly outlined, as is the possible role for civic virtue on this view. (shrink)

“Virtue jurisprudence” is a normative and explanatory theory of law that utilises the resources of virtue ethics to answer the central questions of legal theory. The main focus of this essay is the development of a virtue–centred theory of judging. The exposition of the theory begins with exploration of defects in judicial character, such as corruption and incompetence. Next, an account of judicial virtue is introduced. This includes judicial wisdom, a form of phronesis, or sound practical judgement. A virtue–centred account (...) of justice is defended against the argument that theories of fairness are prior to theories of justice. The centrality of virtue as a character trait can be drawn out by analysing the virtue of justice into constituent elements. These include judicial impartiality (even–handed sympathy for those affected by adjudication) and judicial integrity (respect for the law and concern for its coherence). The essay argues that a virtue–centred theory accounts for the role that virtuous practical judgement plays in the application of rules to particular fact situations. Moreover, it contends that a virtue–centred theory of judging can best account for the phenomenon of lawful judicial disagreement. Finally, a virtue–centred approach best accounts for the practice of equity, departure from the rules based on the judge’s appreciation of the particular characteristics of individual fact situations. [ABSTRACT FROM AUTHOR]. (shrink)

A citizen is a member of a political community who enjoys the rights and assumes the duties of membership. This broad definition is discernible, with minor variations, in the works of contemporary authors as well as in the entry “citoyen” in Diderot's and d'Alembert's Encyclopédie..

Autonomy as a personal ideal presupposes a conception of the self who owns and rules in a life that exemplifies the ideal. Philosophical discussion of autonomy continues to be injuenced by the thesis that the governing core of the self resides in our capacities for disengaged rational reflection, even when the thesis is not explicitly avowed. This conception of autonomy is shown to be inadequate because it alienates us from what matters in our lives. An alternative conception of autonomy is (...) presented that accords a substantial role to rejection and choice within an autonomous life without falling preq, to the charge of alienation. Some divergent implications of the two rival conceptions of autonomy for an understanding of liberal education are examined. Finally, the question of the value of autonomy from a social perspective is briefly discussed. (shrink)

This chapter contains sections titled: Introduction: The Liberal Reliance on Autonomy Autonomy: A Working Definition What is Wrong with Autonomy? An Alternative Option: A Liberalism of Conscience Four Objections to the Argument Conclusion Notes References.