Recently, there have been attempts at offering new justifications of the Rawlsian idea of public reason. Blain Neufeld has suggested that the ideal of political autonomy justifies public reason, while R.J. Leland and Han van Wietmarschen have sought to justify the idea by appealing to the value of political community. In this paper, I show that both proposals are vulnerable to a common problem. In realistic circumstances, they will often turn into reasons to oppose, rather than support, public reason. However, (...) this counterintuitive result can be avoided if we conceive of autonomy and community differently. (shrink)

Public reason liberalism holds that laws and policies must be justifiable to all reasonable citizens. Recently, David Enoch has offered an impressive and influential argument against the epistemological commitments of public reason liberalism on the grounds that they are ‘highly controversial’. After setting out this argument (Sections I and II), I show how its central claim is ambiguous between two senses of ‘controversial’. This gives rise to a dilemma: either Enoch's claim is that the relevant epistemological commitments are controversial in (...) the sense of being subject to controversy amongst actual people, in which case this is true but not troubling for public reason theorists; or the claim is that the relevant commitments are controversial in the sense of being subject to controversy amongst reasonable people, in which case this simply begs the question against public reason theorists (Section III). I then defend each horn of the dilemma against objections (Sections IV and V). I conclude by generalizing this dilemma, showing how it defuses not just Enoch's argument but also a number of other arguments frequently made in the literature on public reason liberalism (Section VI). (shrink)

Journal of Political Philosophy, EarlyView.

This paper provides a new analysis and critique of Rawlsian public reason’s handling of the abortion question. It is often claimed that public reason is indeterminate on abortion, because it cannot say enough about prenatal moral status, or give content to the (allegedly) political value which Rawls calls ‘respect for human life’. I argue that public reason requires much greater argumentative restraint from citizens debating abortion than critics have acknowledged. Beyond the preliminary observation that fetuses do not meet the criteria (...) of political personhood, I contend, public reasoners may say nothing about prenatal moral status. Indeed, respect for human life (as distinct from respect for persons) is not, I show, a genuine political value, whose interpretation lies within public reason’s remit. This fact does not, however, prevent deliberators from drawing determinate conclusions regarding the law of abortion. Instead, I show, public reason has radically permissive implications for the legal regulation of feticide, inclining heavily towards the view that abortion should be allowed with little or no qualification, right until birth. I end by giving grounds for thinking that, even if the argumentative restraint which public reason enjoins over prenatal moral status does not generate indeterminacy, it is nonetheless objectionable. (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)

Public reason liberals hold that laws and institutions must be in some sense justifiable to all reasonable citizens. Different public reason liberals have developed different accounts of the constituency of reasonable citizens to whom justification is owed. Recently, a number of theorists have suggested that public reason views with less “sectarian” accounts of reasonableness are in one way better than public reason views with more “sectarian” accounts of reasonableness. Yet, despite being used to tremendous effect to motivate particular theories of (...) public reason, this anti-sectarianism desideratum has not received focused treatment, and hardly any detailed arguments have been offered for it. In this paper, I fill this gap by considering the case for the anti-sectarian desideratum. I find that there is no good reason to regard less sectarian public reason views as in one way better than more sectarian views. (shrink)

Jonathan Quong’s book, Liberalism without Perfection, provides an innovative new defense of political liberalism based on an “internal conception” of the goal of public justification. Quong argues that public justification need merely be addressed to persons who affirm liberal political values, allowing people to be coerced without a public justification if they reject liberal values or their priority over comprehensive values. But, by extensively restricting members of the justificatory public to a highly idealized constituency of liberals, Quong’s political liberalism becomes (...) objectionably sectarian. Coercing citizens without a public justification if they hold non-liberal comprehensive views is no different from the sectarian perfectionist view that people can be coerced without a public justification if they hold false comprehensive views. Quong argues that some degree of sectarianism is unavoidable in formulating a conception of political liberalism. While this may be, I maintain that the internal conception is nonetheless excessively sectarian. To demonstrate this, I develop an attractive competitor conception, the convergence conception, which addresses public justification to a diverse, moderately idealized justificatory public. If convergence is a viable interpretation of political liberalism, I argue, then the internal conception is excessively sectarian. (shrink)