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  1. Political Legitimacy, Authoritarianism, and Climate Change.Ross Mittiga - forthcoming - American Political Science Review.
    Is authoritarian power ever legitimate? The contemporary political theory literature—which largely conceptualizes legitimacy in terms of democracy or basic rights—would seem to suggest not. I argue, however, that there exists another, overlooked aspect of legitimacy concerning a government’s ability to ensure safety and security. While, under normal conditions, maintaining democracy and rights is typically compatible with guaranteeing safety, in emergency situations, conflicts between these two aspects of legitimacy can and often do arise. A salient example of this is the COVID-19 (...)
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  • Autonomy as Non‐alienation, Autonomy as Sovereignty, and Politics.David Enoch - 2021 - Journal of Political Philosophy 30 (2):143-165.
    Journal of Political Philosophy, Volume 30, Issue 2, Page 143-165, June 2022.
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  • Powerful Deceivers and Public Reason Liberalism: An Argument for Externalization.Sean Donahue - 2021 - Australasian Journal of Philosophy 1 (1):1-18.
    Public reason liberals claim that legitimate rules must be justifiable to diverse perspectives. This Public Justification Principle threatens that failing to justify rules to reprehensible agents makes them illegitimate. Although public reason liberals have replies to this objection, they cannot avoid the challenge of powerful deceivers. Powerful deceivers trick people who are purportedly owed public justification into considering otherwise good rules unjustified. Avoiding this challenge requires discounting some failures of justification according to what caused people’s beliefs. I offer a conception (...)
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  • Contemporary Liberalism and Toleration.Andrew Jason Cohen - 2015 - In Philip Cook (ed.), Liberalism, Contractarianism, and the Problem of Exclusion. Cambridge: Cambridge University Press. pp. 189-211.
    Liberalism, historically, is closely associated with increased toleration, so it is unsurprising that a variety of contemporary authors (Hampton, Kukathas, Barry, Ten) consider toleration to be “the substantive heart of liberalism” (Hampton 1989, 802). The precise role of toleration in liberalism, though, is unclear; different liberals have different views. In this essay, I will discuss three sorts of liberal theories and indicate how they approach questions of toleration, arguing that one of them supports toleration of more sorts of activities (including (...)
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  • A Framework for Analyzing Public Reason Theories.Paul Billingham & Anthony Taylor - 2022 - European Journal of Political Theory 21 (4).
    Proponents of public reason views hold that the exercise of political power ought to be acceptable to all reasonable citizens. This article elucidates the common structure shared by all public reason views, first by identifying a set of questions that all such views must answer and, second, by showing that the answers to these questions stand in a particular relationship to each other. In particular, we show that what we call the ‘rationale question’ is fundamental. This fact, and the common (...)
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  • Public Justification and the Veil of Testimony.Sean Donahue - 2020 - Journal of Political Philosophy 28 (4):378-396.
    The Public Justification Principle requires that coercive institutions be justified to all who live under them. I argue that this principle often cannot be satisfied without persons depending on the pure informative testimony of others, even under realistically idealized situations. Two main results follow. First, the sense of justification relevant to this principle has a strongly externalist component. Second, normative expectations of trust are essential to public justification. On the view I propose, whether the Public Justification Principle is satisfied depends (...)
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  • The simplicity of toleration.Peter Königs - 2021 - Critical Review of International Social and Political Philosophy 24 (1):5-24.
    Toleration is one of the core elements of a liberal polity, and yet it has come to be seen as puzzling, paradoxical and difficult. The aim of the present paper is to dispel three puzzles surrounding toleration. First, I will challenge the notion that it is difficult to see why tolerance should be a virtue given that it involves putting up with what one deems wrong. Second, I defuse the worry that the ideal of toleration is not fully realizable as (...)
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  • The twilight of the Liberal Social Contract? On the Reception of Rawlsian Political Liberalism.Enzo Rossi - 2019 - In Kelly Becker & Iain D. Thomson (eds.), The Cambridge History of Philosophy, 1945–2015. New York, NY, USA: Cambridge University Press.
    This chapter discusses the Rawlsian project of public reason, or public justification-based 'political' liberalism, and its reception. After a brief philosophical rather than philological reconstruction of the project, the chapter revolves around a distinction between idealist and realist responses to it. Focusing on political liberalism’s critical reception illuminates an overarching question: was Rawls’s revival of a contractualist approach to liberal legitimacy a fruitful move for liberalism and/or the social contract tradition? The last section contains a largely negative answer to that (...)
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  • Christianity, Epistemic Peer Disagreement, and the Abortion Debate.Michael Jones & John Molinari - 2018 - Journal for the Study of Religions and Ideologies 17 (49):32-45.
    The question of the morality of abortion has long been the subject of intense, sometimes acrimonious debate. Even people within the same religious or philosophical tradition often disagree on the issue. For example, there are Christians who are “pro- choice” and there are Christians who are “pro-life.” Both sides marshal biblical, theological, and philosophical arguments in support of their positions. The substance of the abortion debate seems to reduce to one tricky question: when does personhood begin? Christian experts in various (...)
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  • Why the intrinsic value of public goods matters.Avigail Ferdman - 2018 - Critical Review of International Social and Political Philosophy 21:661-676.
    Existing accounts of public-goods distribution rely on the existence of solidarity for providing non-universal public goods, such as the humanities or national parks. There are three fundamental problems with these accounts: they ignore instances of social fragmentation; they treat preferences for public goods as morally benign, and they assume that these preferences are the only relevant moral consideration. However, not all citizens unanimously require public goods such as the humanities or national parks. Public-goods distribution that is based only on citizens’ (...)
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  • Legitimacy and Justice in Republican Perspective.Philip Pettit - 2012 - Current Legal Problems 65:59-82.
    Let justice be a feature of the social order imposed by a state and legitimacy a feature of how it is imposed: one that makes the imposition acceptable. This article argues that, so understood, legitimacy is quite a distinct concern from justice; that the core concern is with showing how state coercion is consistent with people’s being free citizens; that this does not require showing that the state exists by consensus or contract; that the best hope of satisfying the concern (...)
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  • The Objectivity of Beliefs, Reasonable Disagreement and Political Deliberation.Felipe Oliveira De Sousa - 2013 - Ratio Juris 26 (2):262-281.
    This paper is part of a broader argument that seeks to offer a justification for political authority. It aims to investigate the role of truth in political argument and to place the problem of reasonable disagreement. The argument focuses on the possibility of political deliberation, that figures as a stage of political decision‐making. It has to do with a confrontation between incompatible substantive beliefs which, however, all seem to be reasonable. How can citizens holding incompatible beliefs engage in an enterprise (...)
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  • Patriotic Conscientious Objection to Military Service.Shlomit Asheri-Shahaf - 2016 - Res Publica 22 (2):155-172.
    The purpose of this paper is to show that conscientious objection to military service is essentially not a dilemma of freedom of conscience versus the duty to obey the law, but above all a dilemma between two conflicting patriotic moral obligations. Furthermore, the paper demonstrates that CO is justifiable on the basis of what is known as moderate patriotism, that is, out of a patriotism which is committed simultaneously to universal and particular values. The paper begins with a critical discussion (...)
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  • Liberal Foundations of Democratic Authority.Andrew Lister - 2010 - Representation 46 (1):19-34.
    In Democratic Authority, David Estlund argues that decision-procedures are to be judged solely by their tendency to generate morally superior decisions, but that because any relationship of authority must be acceptable to all qualified moral points of view, the epistemic benefits of less equal procedures must be evident beyond qualified objection. If all doctrines involved in political justification must be qualifiedly acceptable, however, the qualified acceptability requirement must itself be acceptable to qualified points of view. This article provides reasons for (...)
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  • Public Reason Liberalism and Sex‐Neutral Marriage A Response to Francis J. Beckwith.Greg Walker - 2015 - Ratio Juris 28 (4):486-503.
    This article responds to an article by Francis J. Beckwith that argued that the consistent application of generic liberal principles requires that same-sex marriage not be recognised in civil law. This response demonstrates that Beckwith's article contains a series of interpretative and substantive flaws that render his argument unsuccessful. These relate to a misinterpretation of core liberal principles and a sidestepping of the matter of undue bias against same-sex partners. In correcting these flaws I tentatively propose a Voltairean argument in (...)
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  • Acceptability, Impartiality, and Peremptory Norms of General International Law.Eun-Jung Katherine Kim - 2015 - Law and Philosophy 34 (6):661-697.
    Peremptory norms of general international law (jus cogens) are universally binding prohibitions that override any consideration for non-compliance (e.g., genocide and slavery). The question is how nonconsensual norms emerge from a consensual international legal order. It appears that either the peremptoriness of jus cogens renders consent superfluous to the norm’s binding force or consent divests jus cogens of its peremptory status. The goal of this paper is to resolve the dilemma by explaining why jus cogens is exempt from the general (...)
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  • Moral Education in the Liberal State.Kyla Ebels-Duggan - 2013 - Journal of Practical Ethics 1 (2):24-63.
    I argue that political liberals should not support the monopoly of a single educational approach in state sponsored schools. Instead, they should allow reasonable citizens latitude to choose the worldview in which their own children are educated. I begin by defending a particular conception of political liberalism, and its associated requirement of public reason, against the received interpretation. I argue that the values of respect and civic friendship that motivate the public reason requirement do not support the common demand that (...)
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  • Perfectionism, Economic (Dis)Incentives, and Political Coercion.Oran Moked - 2009 - Les ateliers de l'éthique/The Ethics Forum 4 (2):214-225.
    May a government attempt to improve the lives of its citizens by promoting the activities it deems valuable and discouraging those it disvalues? May it engage in such a practice even when doing so is not a requirement of justice in some strict sense, and even when the judgments of value and disvalue in question are likely to be subject to controversy among its citizens? These questions have long stood at the center of debates between political perfectionists and political neutralists. (...)
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  • Control, consent and political legitimacy.Robin Douglass - 2016 - Critical Review of International Social and Political Philosophy 19 (2):121-140.
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  • Public funding of abortions and abortion counseling for poor women.Rem B. Edwards - 1997 - Advances in Bioethics 2:303.
    This article tries to show that commonplace economic, ethico-religious, anti-racist,and logical-consistency objections to public funding of abortions and abortion counseling for poor women are quite weak. By contrast, arguments appealing to basic human rights to freedom of speech, informed consent, protection from great harm, justice and equal protection under the law, strongly support public funding. Thus, refusing to provide abortions at public expense for women who cannot afford them is morally unacceptable and rationally unjustifiable, despite the opinions of former Presidents (...)
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  • Responses to the Comments on global climate change and non-violent civil disobedience.John Lemons & Donald A. Brown - 2011 - Ethics in Science and Environmental Politics 11 (1):3-12.
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  • State neutrality and Islamic headscarf laws in France and Germany.Christian Joppke - 2007 - Theory and Society 36 (4):313-342.
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  • On a Reflexive Case for Human Rights.Thomas M. Besch - 2013 - Journal of East-West Thought 3 (4):51-64.
    Can there be a "reflexive" or presuppositional, reasonably non-rejectable grounding of a Forst-type right to justification, or of a meaningful form of constitutive discursive standing? The paper argues that this is not so, and this for reasons that reflect more general limitations of presuppositional arguments for relevantly contested conclusions. To this end, the paper critically engages Forst's "reflexive" argument for human rights. It also considers O'Neill's presuppositional attempt to defend a form of cosmopolitanism, as well as the attempt to anchor (...)
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  • Pluralism Slippery Slopes and Democratic Public Discourse.Maria Paola Ferretti & Enzo Rossi - 2013 - Theoria: A Journal of Social and Political Theory 60 (137):29-47.
    Agonist theorists have argued against deliberative democrats that democratic institutions should not seek to establish a rational consensus, but rather allow political disagreements to be expressed in an adversarial form. But democratic agonism is not antagonism: some restriction of the plurality of admissible expressions is not incompatible with a legitimate public sphere. However, is it generally possible to grant this distinction between antagonism and agonism without accepting normative standards in public discourse that saliently resemble those advocated by (some) deliberative democrats? (...)
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  • Bienes sociales primarios versus utilidad.Luciano Venezia - 2007 - Análisis Filosófico 27 (2):185-221.
    En el presente trabajo sostengo que los argumentos específicos desarrollados por John Rawls para justificar la adopción de un estándar de bienes sociales primarios no logran su cometido. En primer lugar, presento y critico los argumentos rawlsianos relacionados con intuiciones antidiscriminatorias y con el hecho del pluralismo razonable. Asimismo, caracterizo y critico las ideas rawlsianas concernientes al alcance del concepto de equidad, así como el argumento de los gustos caros y de la responsabilidad por los fines. Estimo que ellos no (...)
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  • Commentary on Nancy Nicol’s Politics of the Heart: Recogniiton of Homoparental Families.Shelley M. Park - 2008 - Florida Philosophical Review 8 (1):157-163.
    This paper comments on the strategies and goals of a politics of recognition as celebrated by Nancy Nicol’s important documentary coverage of the gay and lesbian movement for family rights in Quebec. While agreeing that ending legal discrimination against lgbt families is important, I suggest that political recognition of same-sex families and their children is a too limited goal for queer families and their allies. Moreover, it is a goal, I argue, that often trades on trades on troublesome assumptions about (...)
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  • The Ethics of Reasoning from Conjecture.Micah Schwartzman - 2012 - Journal of Moral Philosophy 9 (4):521-544.
    An important objection to political liberalism is that it provides no means by which to decide conflicts between public and non-public reasons. This article develops John Rawls' idea of `reasoning from conjecture' as one way to argue for a commitment to public reason. Reasoning from conjecture is a form of non-public justification that allows political liberals to reason from within the comprehensive views of at least some unreasonable citizens. After laying out the basic features of this form of non-public justification, (...)
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  • Public justification.Kevin Vallier - forthcoming - Stanford Encyclopedia of Philosophy.
    Explains the concept and conceptions of public justification found in the philosophy and political theory literatures.
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  • Vice Laws and Self-Sovereignty.Peter Marneffe - 2013 - Criminal Law and Philosophy 7 (1):29-41.
    There is an important moral difference between laws that criminalize drugs and prostitution and laws that make them illegal in other ways: criminalization violates our moral rights in a way that nonlegalization does not. Criminalization is defined as follows. Drugs are criminalized when there are criminal penalties for using or possessing small quantities of drugs. Prostitution is criminalized when there are criminal penalties for selling sex. Legalization is defined as follows. Drugs are legalized when there are no criminal penalties for (...)
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  • Neutrality and recognition.Anna Elisabetta Galeotti - 1998 - Critical Review of International Social and Political Philosophy 1 (3):37-53.
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  • Contractarian ethics and Harsanyi’s two justifications of utilitarianism.Michael Moehler - 2013 - Politics, Philosophy and Economics 12 (1):24-47.
    Harsanyi defends utilitarianism by means of an axiomatic proof and by what he calls the 'equiprobability model'. Both justifications of utilitarianism aim to show that utilitarian ethics can be derived from Bayesian rationality and some weak moral constraints on the reasoning of rational agents. I argue that, from the perspective of Bayesian agents, one of these constraints, the impersonality constraint, is not weak at all if its meaning is made precise, and that generally, it even contradicts individual rational agency. Without (...)
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  • Anti-paternalism and Invalidation of Reasons.Kalle Grill - 2010 - Public Reason 2 (2):3-20.
    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 (...)
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  • Liberalism, pluralism, justice: An unresolved strain in the thought of John Rawls.Ingrid Salvatore - 2004 - Philosophy and Social Criticism 30 (5-6):623-641.
    Liberal theory seems to be caught in an impasse. On the one hand, since it has social order as its object, it appears to be committed to resolving the problem of disagreement between the various conceptions; on the other, insofar as it is philosophical theory, it seems destined to cause conflict. How, then, can liberalism offer a solution which guarantees the duration in time of a society, without, however, proposing a theory that would merely be one among others? And how (...)
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  • Political legitimacy.Fabienne Peter - 2010 - Stanford Encyclopedia of Philosophy.
    Political legitimacy is a virtue of political institutions and of the decisions—about laws, policies, and candidates for political office—made within them. This entry will survey the main answers that have been given to the following questions. First, how should legitimacy be defined? Is it primarily a descriptive or a normative concept? If legitimacy is understood normatively, what does it entail? Some associate legitimacy with the justification of coercive power and with the creation of political authority. Others associate it with the (...)
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  • The truth about public reason.Robert Westmoreland - 1999 - Law and Philosophy 18 (3):271-296.
    Public reason is supposed to enable the enforcement of the conditions of a distinctively liberal ideal of autonomy on grounds acceptable to all citizens. After sketching the abstract concept of public reason, this paper sets out several conceptions of that ideal, in order to show that the logic of the public reason project carries it toward the sectarian politics it seeks to avoid.
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  • Impartiality.Troy Jollimore - 2008 - Stanford Encyclopedia of Philosophy.
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  • A neutral conception of reasonableness?Daniel M. Weinstock - 2006 - Episteme 3 (3):234-247.
    Much liberal theorizing of the past twenty years has been built around a conception of neutrality and an accompanying virtue of reasonableness according to which citizens ought to be able to view public policy debates from a perspective detached from their comprehensive conceptions of the good. The view of “justifi catory neutrality” that emerges from this view is discussed and rejected as embodying controversial views about the relationship of individuals to their conceptions of the good. It is shown to be (...)
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  • Public reason and moral compromise.Andrew Lister - 2007 - Canadian Journal of Philosophy 37 (1):1-34.
    One source of controversy surrounding John Rawls's later work — a source of both criticism and praise — has been the impression that he abandoned the philosophical project of figuring out what is truly just, in favour of the political project of working out a feasible consensus for people from a particular political tradition. One aspect of this controversy is the question of whether Rawls could advance his theory as being worthy of endorsement on the basis of good reasons without (...)
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  • Public Reason Requirements in Bioethical Discourse.Søren Holm - forthcoming - Cambridge Quarterly of Healthcare Ethics:1-10.
    This paper analyzes the use of public reason requirements in bioethical discourse and discusses when such requirements are warranted. By a “public reason requirement,” I mean a requirement that those involved in a particular discourse or debate only use reasons that can properly be described as public reasons. The first part of the paper outlines the concept of public reasons as developed by John Rawls and others and discusses some of the general criticisms of the concept and its importance. The (...)
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  • An Instrumentalist Theory of Political Legitimacy.Matthias Brinkmann - 2024 - Oxford: Oxford University Press.
    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.
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  • Rawls contra Rawls: Legitimacy, Normative Impact, and the Basic Structure.Giulio Fornaroli - 2022 - Ethics, Politics, and Society 5 (2):127-145.
    In this paper, I contrast two approaches to political legitimacy, both influenced by Rawls. One is the classic political liberal picture, according to which a state is legitimate if its “constitutional essentials” could be endorsed by reasonable citizens. The alternative is the idea that what makes a state legitimate is primarily its success at organizing the basic structure in a way that is demonstrably favorable to the governed. Specifically, I suggest that a state is legitimate insofar as it organizes the (...)
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  • The Dark Knowledge Problem: Why Public Justifications are Not Arguments.Sean Donahue - forthcoming - Journal of Moral Philosophy:1-35.
    According to the Public Justification Principle, legitimate laws must be justifiable to all reasonable citizens. Proponents of this principle assume that its satisfaction requires speakers to offer justifications that are representable as arguments that feature premises which reasonable listeners would accept. I develop the concept of dark knowledge to show that this assumption is false. Laws are often justified on the basis of premises that many reasonable listeners know, even though they would reject these premises on the basis of the (...)
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  • Stability and disruptive speech.Carl Fox - forthcoming - Journal of Social Philosophy.
    Journal of Social Philosophy, EarlyView.
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  • POLITICAL JUSTIFICATIONISM: A CASUISTIC EPISTEMOLOGY OF POLITICAL DISAGREEMENT.Jay Carlson - 2020 - TRAMES 24 (3):339-361.
    The conciliationist and steadfast approaches have dominated the conversation in the epistemology of disagreement. In this paper, drawing on Jennifer Lackey’s justificationist approach and the casuistry paradigm in medical ethics, I will develop a more contextual epistemology of political disagreement. On this account, a given political disagreement’s scope, domain, genealogy, and consequence can be helpful for determining whether we should respond to that disagreement at the level of our confidence, beliefs, or with policy. Though some may argue that responding with (...)
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  • A critique of pure public reason.Esha Senchaudhuri - 2011 - Dissertation, London School of Economics
    Contemporary political liberalism defends the view that any legitimate law ought to be justified to those reasonable citizens subject to it. A standard way in which to accomplish this task is to construct a set of public reasons, comprised of constitutional essentials and public democratic values, which are then used to justify all political mandates. The dissertation begins with a criticism of this process of justification for outcomes of legitimate procedures of public decision-making. It argues that given how reasons contribute (...)
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  • The morality of political liberalism.Fernando De Los Santos Menéndez - 2017 - Astrolabio 19:66-74.
    The paper discusses two ways to understand political liberalism. On the one hand, political liberalism may rely on the existence of an overlapping consensus among all reasonable comprehensive views present in our society. On the other hand, we may ground political liberalism on the moral value of equal respect for everyone. The dilemma between a factual identification of an overlapping consensus and a normative appeal to moral values arises at two levels. First, when we fill the content of our political (...)
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  • The epistemic limits of shared reasons.Alexander Motchoulski - 2020 - European Journal of Philosophy 28 (1):164-176.
    Accounts of public reason disagree as to the conditions a reason must meet in order to qualify as public. On one prominent account, a reason is public if, and only if, it is shareable between citizens. The shareability account, I argue, relies on an implausibly demanding assumption regarding the epistemic capabilities of citizens. When more plausible, limited, epistemic capabilities are taken into consideration, the shareability account becomes self‐defeating. Under more limited epistemic conditions, few, if any, reasons will be shareable between (...)
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  • Replies to Commentators.Paul Weithman - forthcoming - Philosophy and Public Issues - Filosofia E Questioni Pubbliche.
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  • Justice: Social and Political.Philip Pettit - 2015 - In David Sobel, Peter Vallentyne & Steven Wall (eds.), Oxford Studies in Political Philosophy, Volume 1. Oxford, GB: Oxford University Press UK.
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  • ‘Religious citizens’ in Post-secular democracies.Julien Winandy - 2015 - Philosophy and Social Criticism 41 (8):837-852.
    For the past two decades, philosophers of religion have paid close attention to the debates on public reason taking place within the context of political philosophy. Some thinkers claim that religious arguments should play a very limited role in political discourse, as this would amount to a politically sanctioned imposition of religious beliefs on people with different religious or non-religious worldviews. Others claim that excluding religious reasons would lead to an unfair exclusion of religious citizens from democratic processes. Underlying these (...)
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