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Switch to: References
Citations of:
Public Practical Reason: An Archeology
Social Philosophy and Policy 12 (1):43-86 (1995)
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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 (...) |
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(Please note: the main ideas of this paper are restated in revised/developed form in: "On actualist and fundamental public justification in political liberalism" and "Patterns of justification: on political liberalism and the primacy of public justification". Both papers are available from philpapers.) The paper suggests the deep view of Rawls-type public justification as promising, non-ideal theory variant of an internal conception of political liberalism. To this end, I demonstrate how the deep view integrates a range of ideas, views and commitments (...) |
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Sustainable Development Goals, which serve as the primary feature of the 2030 Agenda for Sustainable Development, and Nationally Determined Contributions, which serve as a vital instrumental of the UNFCCC’s Paris Agreement, have clear synergies. Both are focused, in part, on responding to challenges presented to human well-being. There are good practical reasons to integrate development efforts with a comprehensive response to climate change. However, at least in their current form, these two policy instruments are ill-suited to this task. Where SDGs (...) |
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In the first part of this paper, I discuss the different kinds of objectivity; general and legal objectivity more specifically. In the second part, I endeavour to explain the two main views that have been advanced to answer four core questions on legal objectivity. The first is whether moral and legal values are objective. Second, what is the nature of the relationship between legal and moral values? The third is whether, due to the specific nature of law, we should consider (...) |
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. A structured awareness of time lies at the core of the law's distinctive normativity. Melody is offered as a rough model of this mindfulness of time, since some important features of this awareness are also present in a hearer's grasp of melody. The model of melody is used, first, to identify some temporal dimensions of intentional action and then to highlight law's mindfulness of time. Its role in the structure of legal thinking, and especially in precedent‐sensitive legal reasoning, is (...) |
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A conception of legitimacy is at the core of normative theories of democracy. Many different conceptions of legitimacy have been put forward, either explicitly or implicitly. In this article, I shall first provide a taxonomy of conceptions of legitimacy that can be identified in contemporary democratic theory. The taxonomy covers both aggregative and deliberative democracy. I then argue for a conception of democratic legitimacy that takes the epistemic dimension of public deliberation seriously. In contrast to standard interpretations of epistemic democracy, (...) |
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Justice is important, but so is peaceful cooperation. In this article, I argue that if one takes seriously the autonomy of individuals and groups and the fact of moral pluralism, a just system of cooperation cannot guarantee peaceful cooperation in a pluralistic world. As a response to this consideration, I develop a contractarian theory that can secure peace in a pluralistic world of autonomous agents, assuming that the agents who exist in this world expect that peaceful cooperation is the most (...) |
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The paper deals with partiality flowing from special relationships. Two main problems are discussed. The first concerns the relationship between partiality and genuine moral obligations. If partiality can bring about such obligations only if it is reasonable, what requirements should it meet in order to be reasonable? The second problem is one of animal ethics. Can the concept of reasonable partiality help us articulate what is morally at stake in a current discussion about the treatment of domestic animals, viz. the (...) |
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This essay analyses optimal voting rules for one form of deliberative democracy. Drawing on public choice analysis, it is argued that the voting rule that best institutionalises deliberative democracy is a type of a supermajority rule. Deliberative democracy is also committed to the standard neutrality condition according to which if x votes are enough to select alternative A, x votes must be enough to select not-A. Taken together, these imply that deliberative democracy will often be indeterminate. This result shows that (...) |
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Over the past 20 years, global ethics has come to be conceived in different ways. Two main tendencies can be distinguished. One asks from whence global ethics comes and defines ‘global ethics’ as arising from globalization. The other tendency is to ask whither global ethics must go and thus defines ‘global ethics’ as a destination, namely arriving at a comprehensive global ethic. I will note some types of discussion that may have been wrongly excluded from the scope of global ethics (...) |
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This paper articulates a general distinction between two important communicative ideals—expressive sincerity and discursive integrity—and then uses it to analyze problems with political debate in contemporary democracies. In the context of philosophical discussions of different forms of trustworthiness and debates about deliberative democracy, self-knowledge, and moral testimony, the paper develops three arguments for the conclusion that, although expressive sincerity is valuable, we should not ignore discursive integrity in thinking about how to address problems with contemporary political debate. The paper concludes (...) |
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This essay reviews contemporary theories of public justification. In particular, it argues that conceptions of public justification and public reason have moved significantly beyond Rawls. |
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David Schmidtz's reconstruction of morality advances Hart-type recognition rules for a “personal” and an “interpersonal” strand of morality. I argue that his view does not succeed for reasons owed both to the way in which Schmidtz construes of the task of reconstructing morality and the content of the moral recognition rules that he proposes. For Schmidtz, this task must be approached from a Hart-type “internal” perspective, but this leaves his reconstruction with an unresolved problem of parochiality. He reconstructs morality as (...) |
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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, (...) |
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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 (...) |
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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 (...) |
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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. (...) |
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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 (...) |
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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, (...) |
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