Most political liberals argue that only rules, policies and institutions that are part of society’s basic structure need to be justified with so-called public reasons. Laws enacted outside this set are legitimate if and when public reasons can justify the procedure that selects them. I argue that this view is susceptible to known problems from social choice theory. However, there are resources within political liberalism that could address them. If the scope of public reason is extended beyond the basic structure (...) it could order people’s preferences in a way that circumvents the identified issues. (shrink)

In this article I press four different objections on Forst’s theory of the ‘Right to Justification’. These are (i) that the principle of justification is not well-formulated; (ii) that ‘reasonableness and reciprocity’, as these notions are used by Rawls, are not apt to support a Kantian conception of morality; (iii) that the principle of justification, as Forst understands it, gives an inadequate account of what makes actions wrong; and (iv) that, in spite of his protestations to the contrary, Forst’s account (...) veers towards a version of moral realism that isprima facieincompatible with Kantian constructivism. I then evaluate Forst’s theory in the light of a distinction made by Sharon Street between restricted and unrestricted constructivism. I show that Forst has reason to deny that it is either the one or the other, but he is not able to show that it is both or neither. I conclude that the arguments Forst advances in support of his constructivist theory of the right to justification entail that it is a metaphysical and comprehensive conception in the relevant, Rawlsian sense. Forst’s theory of the right to justification therefore fails to fulfil one of the main stated aims. (shrink)

This essay explores the possible justification that liberal perfectionism may provide to an epistocratic regime. I suggest that epistocratic mechanisms and rules can maintain and improve epistemic autonomy, which itself contributes to the form of personal autonomy to which perfectionists grant a moral priority. Though not decisive, I claim that the Perfectionist Argument for Epistocracy partially justifies epistocracy. Because this argument is developed in the context of liberal social forms, this indicates the conceptual possibility of liberal epistocracy.

Introduction to the symposium on the 25th anniversary of the publication of Rawls's Political Liberalism, including overviews of the contributions to the special issue.

In this article, I argue that a common view of Habermas’s theory of public reason, which takes it to be similar to Rawls’s ‘proviso’, is mistaken. I explain why that mistake arises, and show that those who have made it have thus overlooked the distinctiveness of Habermas’s theory and approach. Consequently, I argue, they tend to wrongly infer that objections directed at Rawls’s ‘proviso’ apply also to Habermas’s ‘institutional translation proviso’. Ironically, Habermas’s attempt to rebut those objections leads him to (...) advance a peculiar, and ultimately indefensible, thesis about the cognitive requirements of democratic citizenship for secular citizens. I argue that the underlying problem that Habermas takes the peculiar thesis to solve is not that the public reason requirements of the secular state are unfair towards religious citizens, or biased towards secular views of the world, but that the nature of religious arguments, and of scientism, as Habermas understands these, prevents citizens who adhere to them from participating in discourse. I end by suggesting a simpler, less controversial solution to that problem. (shrink)

In this article, I argue that a common view of Habermas’s theory of public reason, which takes it to be similar to Rawls’s ‘proviso’, is mistaken. I explain why that mistake arises, and show that t...