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I drive a wedge between public deliberation and public justification, concepts tightly associated in public reason liberalism. Properly understood, the ideal of public justification imposes no restraint on citizen deliberation but requires that those who have a substantial impact on the use of coercive power, political officials, advance proposals each person has sufficient reason to accept. I formulate this idea as the Principle of Convergent Restraint and apply it to legislators to illustrate the general reorientation I propose for the public (...) |
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There is a kind of power no one should have over anyone else, even if they don’t do anything with this power, or even if they only use this power for good. The republican tradition of political philosophy calls this kind of power domination. Here, I develop a theory of domination, and use this theory to advance our understanding of political legitimacy and justification. My account of domination refines recent neo-republican attempts to identify dominating social power with the capacity to (...) |
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Reasonable individuals often share a rationale for a decision but, in other cases, they make the same decision based on disparate and often incompatible rationales. The social contract tradition has been divided between these two methods of solving the problem of social cooperation: must social cooperation occur in terms of common reasoning, or can individuals with different doctrines simply converge on shared institutions for their own reasons? For Hobbes, it is rational for all persons, regardless of their theological beliefs, to (...) |
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In this article I address two objections to Rawls’ account of international toleration. The first claims that the idea of a decent people does not cohere with Rawls’ understanding of reasonable pluralism and sanctions the oppressive use of state power. The second argues that liberal peoples would agree to a more expansive set of principles in the first original position of Law of Peoples. Contra the first I argue that it does not properly distinguish between the use of state power (...) |
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In this paper, I argue that a definition of paternalism must meet certain methodological constraints. Given the failings of descriptivist and normatively charged definitions of paternalism, I argue that we have good reason to pursue a normatively neutral definition. Archard's 1990 definition is one such account. It is for this reason that I return to Archard's account with a critical eye. I argue that Archard's account is extensionally inadequate, failing to capture some cases which are clear instances of paternalism. I (...) |
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The project of public-reason liberalism faces a basic problem: publicly justified principles are typically too abstract and vague to be directly applied to practical political disputes, whereas applicable specifications of these principles are not uniquely publicly justified. One solution could be a legislative procedure that selects one member from the eligible set of inconclusively justified proposals. Yet if liberal principles are too vague to select sufficiently specific legislative proposals, can they, nevertheless, select specific legislative procedures? Based on the work of (...) |
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Rawls’s account of international toleration in The Law of Peoples has been the subject of vigorous critiques by critics who believe that he unacceptably dilutes the principles of his Law of Peoples in order to accommodate non-liberal societies. One important component in these critiques takes issue specifically with Rawls’s inclusion of certain non-liberal societies (‘decent peoples’) in the constituency of justification for the Law of Peoples. In Rawls’s defence, I argue that the explanation for the inclusion of decent peoples in (...) |
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Legal and political philosophers of a normative bent face an uphill struggle in keeping themes of global justice and cosmopolitan governance, at the forefront of their disciplinary debate, given the perceived urgency of confronting, at the domestic level, the populist upsurge in mature democracies and “democratizing societies” alike. In this paper, these two levels of analysis—national and transnational—mutually enrich one another through a reflection on the ground of legitimacy. In the first section, neo-perfectionist approaches to the legitimation of transnational authority (...) |
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Varios autores afines al proyecto del liberalismo político han propuesto diferentes modelos de razón pública para enfrentar la situación de desacuerdo moral permanente en las sociedades liberales. En este trabajo presentamos un modelo que defiende dos argumentos. Primero, argumentamos a favor de una interpretación deflacionista de las razones que son aceptables para los ciudadanos razonables. Segundo, introducimos una nueva terminología que distingue entre lo que llamamos razones dependientes, accesibles y aceptables. Sostenemos que sólo las segundas y las terceras son medios (...) |
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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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The use of tanning beds has been identified as being among the most significant causes of melanoma and non-melanoma skin cancer. Accordingly, the activity is properly seen as one that involves profound harm to self. The article examines paternalistic reasons for restricting sunbed usage. We argue that both so-called soft and hard paternalistic arguments support prohibiting the use of sunbeds. We make the following three arguments: an argument from oppressive patterns of socialization suggesting that the autonomous nature of the conduct (...) |
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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 (...) |
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This paper explores the debate between perfectionists and anti-perfectionists in the context of children. It suggests that the most influential and compelling arguments in favour of anti-perfectionism are adult-centric. It does this by considering four leading reasons given in favour of anti-perfectionism and shows that none apply in the case of children. In so doing, the paper defends a perfectionist account of upbringing from the attacks made against perfectionism more generally. Furthermore, because the refutation of the various anti-perfectionist arguments are (...) |
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This paper defends the claim that private associations might be legitimately constrained by a requirement of reasonableness. I present a list of goods that freedom of association protect, and argue that the limits to associational freedom have to be sensitive to the nature of these goods. In defending this claim, I cast doubt on two popular liberal arguments: One is that attitudes cultivated in the private sphere are not likely to spill over into the public arena. The other is that (...) |
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This thesis explores the relationship between the capability approach to justice and liberal philosophy. I argue that the most compelling articulation of the capability approach—one given by Martha Nussbaum—suffers from an unattractive kind of inconsistency. On the one hand, Nussbaum is committed to formulating a robust account of a dignified human life which can give rise to a range of individual entitlements which ought to be guaranteed to all individuals. On the other hand, Nussbaum is committed to political liberalism which (...) |
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This thesis focuses on what I call the question of exclusion. This question, I argue, is one that poses serious challenges to social contract approaches to justice and political legitimacy. In an intuitive way, the exclusion of some individuals seems to be a corollary of the social contractualist approach, which ascribes justice or legitimacy to a social arrangement insofar as it can be regarded as the product of the (actual – expressed or tacit – or hypothetical) consent of specified parties. (...) |
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In arguing for justice as fairness, John Rawls distinguishes between two types of social institutions and, according to this distinction, proposes two principles of justice with a lexical order. According to the first principle, citizens have an equal right to the most adequate scheme of basic liberties. Then he arranges the list of basic liberties based on the necessary requirements to develop and exercise two moral powers. A new approach called market democracy claimed that, on Rawlsian assumption and justificatory framework, (...) |
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The purpose of this paper is twofold. First, I defend and expand the Fortificationist Theory of Punishment. Second, I argue that this theory implies that non-consensual neurointerventions – interventions that act directly on one’s brain – are permissible. According to the FTP, punishment is justified as a way of ensuring that citizens who infringe their duty to demonstrate the reliability of their moral powers will thereafter be able to comply with it. I claim that the FTP ought to be expanded (...) |
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Many liberal egalitarians support laws that prevent people from making exploitative and unconscionable contracts. These contracts may include low-wage labor agreements or payday loans, for example. I argue that liberal egalitarians should rethink their support for laws that limit the freedom to make these illiberal contracts, as long as the contracts are voluntary and do not violate people’s other enforceable rights. Paternalistic considerations cannot justify limits on illiberal contracts because they are not only likely to misfire; they also express condescending (...) |
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Recent efforts by legislative officials and public health advocates to reform the US food stamp program, or Supplemental Nutrition Assistance Program, have focused on restricting the types of foods eligible for purchase with SNAP benefits, specifically sugar-sweetened beverages. We argue that it is, in principle, permissible for the US government to enact a SNAP-specific SSB ban prohibiting the purchase of SSBs with SNAP benefits. While the government has a duty to ensure that citizens meet their nutritional needs, since SSBs provide (...) |
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This paper is concerned with the practical importance of different forms of paternalism for educational theory and practice. Contrary to the traditional treatment of paternalism as a sometimes necessary and rather messy aspect of educational practices, I demonstrate that paternalism is to be regarded as an “indigenous concept” of educational theory and as the ‘indigenous model of justification’ that underlies the structure of educational practices. Based on an analysis of the intricate nexus between autonomy-oriented forms of paternalism and educational forms (...) |
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Traditionally, an adequate strategy to deal with the tension between liberty and security has been toleration, for the latter allows the maximization of individual liberty without endangering security, since it embraces the limits set by the harm principle and the principle of self-defense of the liberal order. The area outside the boundary clearly requires repressive measures to protect the security and the rights of all. In this paper, we focus on the balance of liberty and security afforded by toleration, analyzing (...) |
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In the last two decades, an ever-increasing number of scholars have challenged the conceptual borders of political philosophy and the supposed universalism of its normative pre-commitments. Surprisingly enough, the normative underpinnings of this debate have had very little impact on contemporary disputes about pluralism. This article asks how contemporary disputes about the conceptual borders of political theory can help in constructing a more plural theory of pluralism. It shows that such contributions inspire three ways of constructing a more plural political (...) |
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The article will argue that neither what may be called ‘multiple legitimacies’ nor what Leigh Jenco refers to as the hybrid view of legitimacy provides substantial guidance in reconceiving legitima... |
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Beginning with a reference to the concept of the political and the idea of stability, the essay turns to an examination of populism from an historical and a normative point of view. While historically populism can be traced to its Roman origins, from a normative perspective, populism rests on a binary opposition between ‘elites’ and the ‘people’. As such, it undercuts its moral claim to universal representation by taking the part for the whole. In the end, this essay argues that (...) |
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Why, exactly, should we punish children who commit crimes more leniently than adults who commit the same offenses? Gideon Yaffe thinks it is because they cannot vote, and so the strength of their reasons to obey the law is weaker than if they could. They are thus less culpable when they disobey. This argument invites an obvious objection: why not simply enfranchise children, thereby granting them legal reasons that are the same strength as enfranchised adults, and so permitting similarly severe (...) |
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Political liberalism’s central commitments to recognizing reasonable pluralism and institutionalizing a substantive conception of justice are inconsistent. If reasonable pluralism applies to conceptions of justice as it applies to conceptions of the good, then some reasonable people will reject even many liberal conceptions of justice as unreasonable. If so, then imposing these conceptions of justice on citizens violates the liberal principle of legitimacy and related public justification requirements. This problem of justice pluralism requires that political liberals abandon their commitment to (...) |
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The concept of paternalism is intricately tied to the concept of autonomy. It is commonly assumed that when paternalistic interventions are wrong, they are wrong because they impede individuals’ autonomy. Our aim in this paper is to show that the recent shift towards conceiving of autonomy relationally highlights a separate conceptual space for a nonpaternalistic kind of interpersonal intervention termed maternalism. We argue that maternalism makes a twofold contribution to the debate over the ethics of interpersonal action and decision-making. Descriptively, (...) |
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Toleranz wird für gewöhnlich als eine Einstellung definiert, die sich aus Akzeptanz und Ablehnung gegenüber der tolerierten Praxis zusammensetzt. In einem Aufsatz in dieser Zeitschrift hat Achim Lohmar dieses klassische Verständnis von Toleranz angegriffen und einen alternativen Toleranzbegriff stark gemacht. Ich werde argumentieren, dass Lohmars Analyse von Toleranz verfehlt ist, und zeigen, wie sich der klassische Toleranzbegriff gegen Lohmars Kritik verteidigen lässt. Dennoch ist Lohmars Kritik nicht uninteressant. Denn obwohl Lohmars begriffliche Kritik unzutreffend ist, lässt sich auf Lohmars Kritik aufbauend (...) |
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If D commits a wrong against V, D typically incurs a corrective duty to V. But how should we respond if V has false beliefs about whether she is harmed by D’s wrong? There are two types of cases we must consider: those in which V is not harmed but she mistakenly believes that she is those in which V is harmed but she mistakenly believes that she is not. I canvass three views: The Objective View, The Subjective View and (...) |
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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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Whatever else liberalism involves, it involves the idea that it is objectionable, and often wrong, for the state, or anyone else, to intervene, in certain ways, in certain choices. This article aims to evaluate different possible sources of support for this core liberal idea. The result is a pluralistic view. It defends, but also stresses the limits of, some familiar elements: that some illiberal interventions impair valuable activities and that some violate rights against certain kinds of invasion. More speculatively, it (...) |
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Authority figures permeate our daily lives, particularly, our political lives. What makes authority legitimate? The current debates about the legitimacy of authority are characterised by two opposing strategies. The first establish the legitimacy of authority on the basis of the content of the authority’s command. That is, if the content of the commands meet some independent normative standard then they are legitimate. However, there have been many recent criticisms of this strategy which focus on a particular shortcoming – namely, its (...) |
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In his article, Ismaili M’hamdi argues that a neutralist approach in public health policy might turn into a gap that separates citizens who endure preventable poor conditions from the state... |
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In this article, I examine the ways in which “Public Reason” (or public reasons, in plural) can be said to resonate with some types of reasons as presented and defended in contemporary legal theory. I begin by identifying the concept of Public Reason within the context of a discussion sparked by the between “internal” and “external” reasons, which was made famous by Bernard Williams. I will then compare this interpretation of Public Reason with Joseph Raz’s celebrated concept of exclusionary reasons. (...) |
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Contemporary public reason liberalism holds that coercion must be publicly justified to an idealized constituency. Coercion must be justified to all qualified points of view, not the points of view held by actual persons. Critics, in particular Nicholas Wolterstorff and David Enoch, have complained that idealization, by idealizing away what actual people accept, risks authoritarianism and disrespect by forcing people to comply with laws they in fact reject. I argue that idealization can withstand this criticism if it satisfies two conditions. (...) |
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Public reason theories are characterized by three conditions: constructivism, representation, and stability. Constructivism holds that justification does not rely on any antecedent moral or political values outside of the procedure of agreement. Representation holds that the reasons for the choice in the model must be rationally explicable to real agents outside the model. Stability holds that the principles chosen in the procedure should be stable upon reflection, especially in the face of diversity in a pluralistic society. Choice procedures that involve (...) |
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Muchos conservadores defienden fronteras cerradas basadas en derechos básicos de asociación. Algunos conservadores son también defensores del principio libertario de legitimidad. No es claro sin embargo que este tipo de defensa de las fronteras cerradas sea coherente con los ideales libertarios. Aquí argumento que los conservadores libertarios de este tipo deben rechazar esa clase de defensa de las fronteras cerradas porque o bien colapsa en algún tipo de estatismo incoherente con el principio libertario de legitimidad o bien colapsa en un (...) |
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In Partisanship and Political Liberalism in Diverse Societies I examine political parties and partisanship within the context of John Rawls’s theory of political liberalism. I argue that parties and partisanship are vital to Rawls’s political liberalism, since they offer a distinctive and crucial contribution to the process of public justification that is central to it, which combines the articulation of public reasons with the channelling into the public political realm of the particular values and conceptions of the good emerging from (...) |
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In A Theory of Justice, John Rawls argues that self-respect is ‘perhaps the most important’ primary good and that its status as such gives crucial support to controversial ideas like the lexical priority of liberty. Given the importance of these ideas for Rawls, it should be no surprise that they have attracted much critical attention. In response to these critics, I give a defense of self-respect that grounds its importance in Rawls’s moral conception of the person. I show that this (...) |
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One unchanging feature of John Rawls’ thought is that we theorize about well-ordered societies. Yet, once we introduce justice pluralism—the fact that reasonable people disagree about the nature and requirements of justice, something Rawls eventually admits is inevitable in liberal societies—then a well-ordered society as Rawls defines it is impossible. This requires we develop new models of society to replace the well-ordered society in order to adequately address such disagreements. To do so, we ought to remain faithful to those reasons (...) |
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Philosophers disagree about what precisely makes an act paternalistic, and about whether, when, and why paternalistic acts are morally objectionable. Despite these disagreements, it might seem uncontroversial to think that it is permissible to paternalize children. When paternalism seems morally objectionable, that is usually because an adult has been treated in a way that seems appropriate only for children. But, we might think, there can be nothing morally objectionable about treating children as children. In this paper, however, I argue that (...) |
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Proponents of environmentalist views often urge the teaching of such views and the inculcation of ‘green’ values within the educational curriculum of schools as a key component of achieving their ends. It might seem that modern versions of political morality that refuse to take a stance on controversial questions—religious, ethical, philosophical—or eschew appeal to perfectionist doctrines, such as Rawlsian political liberalism, are beset by a particularly acute difficulty in this regard. To the extent that environmentalist views embody claims about ethical (...) |
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La democracia, como forma de gobierno, admite su escisión en al menos dos momentos distintos: la democracia de los antiguos y la de los modernos. Un rasgo distintivo de esta última variante –aquella identificada como democracia representativa– es la existencia de representantes elegidos por votación popular. Dado esto, se ha sostenido generalmente que el voto y la regla de mayoría son mecanismos “típicamente democráticos”. Sin embargo, ni voto ni regla de mayoría son exclusivos de los sistemas democráticos, de modo que (...) |
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Critical literatures, and public discourses, on public health policies and practices often present fixated concerns with paternalism. In this paper, rather than focus on the question of whether and why intended instances of paternalistic policy might be justified, we look to the wider, real-world socio-political contexts against which normative evaluations of public health must take place. We explain how evaluative critiques of public health policy and practice must be sensitive to the nuance and complexity of policy contexts. This includes sensitivity (...) |
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