In recent years, leading public reason liberals have argued that publicly justifying coercive laws and policies requires that citizens offer both adequate secular justificatory reasons and adequate secular motivating reasons for these laws and policies. In this paper, I provide a critical assessment of these two requirements and argue for two main claims concerning such requirements. First, only some qualified versions of the requirement that citizens offer adequate secular justificatory reasons for coercive laws and policies may be justifiably regarded as (...) plausible liberal principles of public justification. And second, the requirement that citizens offer adequate secular motivating reasons for coercive laws and policies is untenable on multiple grounds. Public reason liberals should focus on assessing the justificatory reasons offered for and against coercive laws and policies rather than requiring citizens to offer adequate secular motivating reasons for such laws and policies. (shrink)

Legal and philosophical theories of religious exemptions have primarily understood them as a means toward one or more moral ends: protecting rights and securing equality, primarily. But exemptions also serve an under-theorized stabilizing function in resolving conflicts between law and belief. In this paper, I argue that these conflicts pose a challenge to public justification, and ipso facto to political stability. I then show how religious exemptions can support stability by ameliorating these conflicts, and elaborate parameters for identifying those exemptions (...) most likely to achieve this stability-enhancing effect. (shrink)

Data platforms represent a new paradigm for carrying out health research. In the platform model, datasets are pooled for remote access and analysis, so novel insights for developing better stratified and/or personalised medicine approaches can be derived from their integration. If the integration of diverse datasets enables development of more accurate risk indicators, prognostic factors, or better treatments and interventions, this obviates the need for the sharing and reuse of data; and a platform-based approach is an appropriate model for facilitating (...) this. Platform-based approaches thus require new thinking about consent. Here we defend an approach to meeting this challenge within the data platform model, grounded in: the notion of ‘reasonable expectations’ for the reuse of data; Waldron’s account of ‘integrity’ as a heuristic for managing disagreement about the ethical permissibility of the approach; and the element of the social contract that emphasises the importance of public engagement in embedding new norms of research consistent with changing technological realities. While a social contract approach may sound appealing, however, it is incoherent in the context at hand. We defend a way forward guided by that part of the social contract which requires public approval for the proposal and argue that we have moral reasons to endorse a wider presumption of data reuse. However, we show that the relationship in question is not recognisably contractual and that the social contract approach is therefore misleading in this context. We conclude stating four requirements on which the legitimacy of our proposal rests. (shrink)

Aumann’s theorem states that no individual should agree to disagree under a range of assumptions. Political liberalism appears to presuppose these assumptions with the idealized conditions of public reason. We argue Aumann’s theorem demonstrates they nevertheless cannot be simultaneously held with what is arguably political liberalism’s most central tenet. That is, the tenet of reasonable pluralism, which implies we can rationally agree to disagree over conceptions of the good. We finish by elaborating a way of relaxing one of the theorem’s (...) axioms that arguably lends itself to a coherent account of political liberalism, namely the condition of indexical independence. (shrink)

In this paper, I examine global public reason as a method of justifying a global state. Ultimately, I conclude that global public reason fails to justify a global state. This is the case, because global public reason faces an unwinnable dilemma. The global public reason theorist must endorse either a hypothetical theory of consent or an actual theory of consent; if she endorses a theory of hypothetical consent, then she fails to justify her principles; and if she endorses a theory (...) of actual consent, her theory will lead to a highly unstable political system. On either side of the dilemma, global public reason faces untenable implications. Although similar criticisms have been advanced against domestic public reason, my argument is not repeating points made before me. My argument is new, in that it raises these objections specifically against global public reason, and in that it shows how, due to increased diversity of belief in the global arena, these problems are more pressing for global public reason than they are for domestic public reason. (shrink)

In Liberalism without Perfection, Jonathan Quong develops what is perhaps the most comprehensive defense of the consensus model of public reason – a model which incorporates both a public-reasons-only requirement and an accessibility requirement framed in terms of shared evaluative standards. While the consensus model arguably predominates amongst public reason liberals, it is criticized by convergence theorists who reject both the public-reasons-only requirement and the accessibility requirement. In this paper, I argue that while we have good reason to reject Quong’s (...) call for a public-reasons-only requirement, all public reason liberals should endorse at least some shared evaluative standards and, hence, an accessibility requirement. (shrink)

The topic of moral diversity is not only prevalent in contemporary moral and political philosophy, it is also practically relevant. Moral diversity, however, poses a significant challenge for moral theory building. John Thrasher, in his discussion of public reason theory, which includes social contract theory, argues that if one seriously considers the goal of moral constructivism and considerations of representation and stability, then moral diversity poses an insurmountable problem for most public reason theories. I agree with Thrasher that moral diversity (...) poses a significant challenge for orthodox multistage social contract theories. In fact, I even add a further problem for such theories under the assumption of deep moral diversity. Nevertheless, I argue that my recently developed multilevel social contract theory overcomes these problems. I focus on some of the underexplored features of this theory to show that multilevel social contract theory offers one conceptually coherent and plausible way to render social contract theory viable and relevant for modern diverse societies. (shrink)

We present a theory of honor violence as a form of costly signaling. Two types of honor violence are identified: revenge and purification. Both types are amenable to a signaling analysis whereby the violent behavior is a signal that can be used by out-groups to draw inferences about the nature of the signaling group, thereby helping to solve perennial problems of social cooperation: deterrence and assurance. The analysis shows that apparently gratuitous acts of violence can be part of a system (...) of norms that are Pareto superior to alternatives without such signals. For societies that lack mechanisms of governance to deter aggression or to enforce contracts, norms of honor can be a rational means of achieving these functions. The theory also suggests that cultures can become trapped in inefficient equilibria owing to path-dependent phenomena. In other words, costly signals of honor may continue to be sent even when they are no longer providing useful information. (shrink)

Locke rejected anarchism. Locke defended the universal necessity of political governments on the grounds that the state of nature will occasionally generate the inconveniences of war. The standard interpretation of Locke identifies three main causes of war in the state of nature: the lack of a common judge, moral disagreement over the law of nature, and self-love. In this paper, I argue that the combination of these three factors does not guarantee that war will occur in every plausible scenarios of (...) Locke’s state of nature. Instead, in order for war to occur at least sometimes in every plausible scenario of Locke’s state of nature, there has to be some sort of epistemic deficit. In this paper, I show via the tools of modern game theory, how Locke’s state of nature may occasionally generate war by two kinds of epistemic problems implied by Locke’s own epistemology: disagreements in subjective probabilities, and uncertainty in other people’s moral motivation to use force to enforce the law of nature. The fact that war occurs primarily because of such epistemic problems suggests a role for a very limited form of government; namely, the ultra-ultra-minimal state, whose role is confined to solving such epistemic problems. (shrink)

Legal and philosophical theories of religious exemptions have primarily understood them as a means toward one or more moral ends: protecting rights and securing equality, primarily. But exemptions also serve an under-theorized stabilizing function in resolving conflicts between law and belief. In this paper, I argue that these conflicts pose a challenge to public justification, and ipso facto to political stability. I then show how religious exemptions can support stability by ameliorating these conflicts, and elaborate parameters for identifying those exemptions (...) most likely to achieve this stability-enhancing effect. (shrink)

John Rawls’s most mature notion of political order is “stability for the right reasons.” Stability for the right reasons is the kind of political order that Rawls hoped a well-ordered society could ideally achieve. In this paper, I demonstrate through the tools of modern game theory, the instability of “stability for the right reasons.” Specifically, I will show that a well-ordered society can completely destabilize by the introduction of an arbitrarily small number of non- compliers whenever individuals fail to achieve (...) full common knowledge ever so slightly. (shrink)

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 (...) at least two-stages with different information, as Rawls’s theory does, will be path-dependent and not meet the condition of representation since it will not be globally coherent. Attempts to solve this problem without eliminating the segmentation of choice in the procedure will run afoul of constructivism or stability. This problem is instructive because it highlights how public reason theories must evolve in the face of increased concerns about diversity. (shrink)

Despite great advances in recent scholarship on the political philosophy of John Rawls, Rawls’s conception of stability is not fully appreciated. This essay aims to remedy this by articulating a more complete understanding of stability and its role in Rawls’s theory of justice. I argue that even in A Theory of Justice Rawls maintains that within liberal democratic constitutionalism judgments of relative stability typically adjudicate decisively among conceptions of justice and is committed to more deeply than to the substantive content (...) of justice as fairness. This essay thus emphasizes the continuity of Rawls’s thought over time and motivates the position that Rawlsian stability is as philosophically significant and distinctively Rawlsian as justice as fairness itself. (shrink)

Explains the concept and conceptions of public justification found in the philosophy and political theory literatures.

Political liberals typically hold that reasonable citizens should not form political associations (e.g. political parties) with unreasonable citizens. This is because unreasonable citizens are unlikely to conform to the duty of civility—the duty to be able, and willing, to use public reasons in their public political deliberations. Here I argue that a general prohibition on political associations with the unreasonable can undermine the fair value of their political liberties. This is because unreasonable citizens can grow up in epistemic environments that (...) make it difficult to be reasonable, and so to direct citizens to not associate with them can deprive citizens from certain social backgrounds the equal opportunity for political influence. I propose instead that political liberals should distinguish between unreasonable citizens who are disposed to support de re publicly justifiable laws and policies and unreasonable citizens who support illegitimate laws and policies. Reasonable citizens may form political associations with the former group, but not the latter group. (shrink)

Conventions and leaders are believed to be the two pillars of justice and order in society. This paper evaluates this proposition and draws attention to two intriguing ways in which these pillars can malfunction. The argument is constructed by creating two new games, Greta’s Dilemma and the Incarceration Game. An awareness of these problems can help us use our ‘moral intention’ to reexamine our own collective behavior and to design prior conventions, which limit the power of the leader.

Public reason liberalism includes an ideal of political stability where justified institutions reach a kind of self-enforcing equilibrium. Such an order must be stable for the right reasons — where persons comply with the rules of the order for moral reasons, rather than out of fear or self-interest. John Rawls called a society stable in this way well-ordered. In this essay, I contend that a more sophisticated model of a well-ordered society, specifically an agent-based model, yields a richer and more (...) attractive understanding of political stability. An agent-based model helps us to distinguish between three concepts of political stability — durability, balance, and immunity. A well-ordered society is one that possesses a high degree of social trust and cooperative behavior among its citizens (durability) with low short-run variability (balance). A well-ordered society also resists destabilization caused by noncompliant agents in or entering the system (immunity). Distinguishing between these three concepts complicates the necessary reformulation of the idea of a well-ordered society. Going forward, public reason theorists must now distinguish between types of assurance, specify heretofore unknown aspects of reasonable behavior, and reconceive of the nonideal preconditions for forming a stable, ideal social order. (shrink)

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 (...) reason project. (shrink)

This paper explores the role of envy in the third part of A Theory of Justice and challenges a wide-spread game-theoretic view of stability. The proponents of this view see Rawls’s account of stability as an attempt to solve a collective action problem. I claim that Rawls treats the development of envious feelings as a distinct source of instability which is not part of a collective action problem and has to be addressed separately. My thesis entails that we shouldn’t read (...) the congruence between the right and the good as the culmination of Rawls’s overall argument for stability. This reading is supported by the revised account of stability in Justice as Fairness: A Restatement and leads to a better understanding of Rawls’s political turn. (shrink)

ABSTRACTCitizens in John Rawls's well-ordered society face an assurance dilemma. They wish to act justly only if they are reasonably sure their fellow citizens will also act justly. According to Rawls, this assurance problem is solved through public reasoning. This paper argues that public reason cannot serve this function. It begins by arguing that one kind of incompleteness public reason faces that most Rawlsians grant is ubiquitous but unproblematic from a normative standpoint is problematic from an assurance perspective: it makes (...) it possible for citizens to argue for policy conclusions that are favored by their private interests, rather than justice. In response, perhaps the thing to do is structure deliberative democratic institutions such that citizens will always be incentivized to use public reasons to only argue for conclusions they believe are favored by justice. The paper proves that this is impossible by extending the Gibbard–Satterthwaite theorem. (shrink)

ABSTRACTThe idea of public reason requires that citizens in their public deliberation employ considerations stemming from a shared conception of justice. One worry is that public reason's content will be incomplete, in that it does not contain sufficient material for adequate public debate. Rawls has a way of expanding the content of public reason to address such concerns—by including in public reason all those things you and I say in our justification of the conception of justice. After arguing that this (...) strategy fails, a new way of expanding public reason's content is proposed. Instead of understanding the Supreme Court—which Rawls famously calls the “exemplar” of public reason—as an institution that appeals to exogenously determined public reasons, we should understand the judicial authority in a liberal democratic society as an endogenous fountain of public reason. (shrink)