In this paper we argue that Sen's defence of liberal democracy suffers from a moralistic and pro-liberal bias that renders it unable to take pluralism as seriously as it professes to do. That is because Sen’s commitment to respecting pluralism is not matched by his account of how to individuate the sorts of preferences that ought to be included in democratic deliberation. Our argument generalises as a critique of the two most common responses to the fact of pluralism in contemporary (...) (i.e. post-Rawls) liberalism: a broadly procedural understanding of autonomy and the idea of deliberative democracy. That is to say, the difficulties with pluralism we identify can be traced back to the particular version of Kantian deontology prevalent in contemporary liberalism, and to the equally prevalent aspiration to ground political legitimacy in a moralised consensus. (shrink)

Public justification-based accounts of liberal legitimacy rely on the idea that a polity’s basic structure should, in some sense, be acceptable to its citizens. In this paper I discuss the prospects of that approach through the lens of Gerald Gaus’ critique of John Rawls’ paradigmatic account of democratic public justification. I argue that Gaus does succeed in pointing out some significant problems for Rawls’ political liberalism; yet his alternative, justificatory liberalism, is not voluntaristic enough to satisfy the desiderata of a (...) genuinely democratic theory of public justification. So I contend that—pace Gaus, but also Rawls—rather than simply amending political liberalism, the claims of justificatory liberalism bring out fatal tensions between the desiderata of any theory of liberal-democratic legitimacy through public justification. (shrink)

One of the main challenges faced by realists in political philosophy is that of offering an account of authority that is genuinely normative and yet does not consist of a moralistic application of general, abstract ethical principles to the practice of politics. Political moralists typically start by devising a conception of justice based on their pre-political moral commitments; authority would then be legitimate only if political power is exercised in accordance with justice. As an alternative to that dominant approach I (...) put forward the idea that upturning the relationship between justice and legitimacy affords a normative notion of authority that does not depend on a pre-political account of morality, and thus avoids some serious problems faced by mainstream theories of justice. I then argue that the appropriate purpose of justice is simply to specify the implementation of an independently grounded conception of legitimacy, which in turn rests on a context- and practice-sensitive understanding of the purpose of political power. (shrink)

This paper asks whether political justice can be encapsulated by procedures. It examines John Rawls’s tripartite distinction between perfect, pure and imperfect procedural justice, concluding that none gives a satisfactory account of procedural justice. Imperfect procedural justice assumes that there could be an authoritative source of justice other than procedures, while perfect procedural justice takes a double-minded view of procedure-independent standards of justice. That leaves pure procedural justice as an apparently decisionistic mode of deciding which outcomes are just. This at (...) least avoids the confusion between having authoritative procedures and procedure-independent standards that are also purportedly authoritative. However, it is argued that even a political procedure that defines the extension of a term such a ‘justice’ will lack authority over it once its reference is fixed. Since Rawls’s categories of procedural justice are jointly exhaustive, the problem of determining justice via political procedures appears insoluble. (shrink)