Conceptions of acceptability-based moral or political justification take it that authoritative acceptability constitutes, or contributes to, validity, or justification. There is no agreement as to what bar for authoritativeness such justification may employ. The paper engages the issue in relation to (i) the level of idealization that a bar for authoritativeness, ψ, imparts to a standard of acceptability-based justification, S, and (ii) the degree of discursive purchase of the discursive standing that S accords to people when it builds ψ. I (...) argue that (i) and (ii) are interdependent: high idealization values entail low discursive purchase, while high degrees of purchase require low idealization values. I then distinguish between alethic conceptions of justification that prioritize ends that commit to high idealization values, and recognitive conceptions that favour high discursive purchase. On this basis, I argue for a moderately recognitivist constraint on idealization. To render the recognitive discursive minimum available to relevant people at the site of justification, S should set ψ low enough so that it is a genuine option for actual people to reject relevant views in ways that S recognizes as authoritative. (shrink)

According to recently influential conceptions of public reasoning, citizens have the right to demand of each other ‘public justifications’ for controversial political action. On this view, only arguments that all reasonable citizens can affirm from within their diverse ethical standpoints can count as legitimate justifications for political action. Both proponents and critics often assume that the case for this expectation derives from the special justificatory burden created by the systematically coercive character of political action. This paper challenges that assumption. While (...) conceding that citizens who propose to deploy the coercive apparatus of the state to enforce controversial legislation owe their fellows a justification that overcomes the strong presumption against coercing agents, it denies that this consideration can explain why public justifications are also required. Having argued that the public justification requirement is not among the justification conditions for public coercion, the paper then proposes an alternative rationale for the expectation that political action be publicly justified. On this alternative, the case for the public justification requirement depends on democratic citizens’ standing as legislative co-authors, and not on considerations having to do with their liability as private individuals to coercion at the hands of the state. (shrink)

Mainstream political liberalism holds that legal coercion is permissible only if it is based on reasons that all can share, access or accept. But these requirements are subject to well-known problems. I articulate and defend an intelligible reasons requirement as an alternative. An intelligible reason is a reason that all suitably idealized members of the public can see as a reason for the person who offers it according to that person’s own evaluative standards. It thereby permits reasons into public justification (...) that all cannot share, access, or accept, and so contrasts with standard approaches to public justification. The intelligible reasons requirement has two striking implications. First, it severs the connection between public justification and principles of deliberative restraint. Second, it pushes political liberals to appeal to other political processes to publicly justify law, specifically bargaining, adjudication, and social evolution. (shrink)

Compared to standard liberal approaches to public reason and justification, the asymmetric convergence model of public justification allows for the public justification of laws and policies based on a convergence of quite different and even publicly inaccessible reasons. The model is asymmetrical in the sense of identifying a broader range of reasons that may function as decisive defeaters of proposed laws and policies. This paper raises several critical questions about the asymmetric convergence model and its central but ambiguous presumption against (...) coercion. By drawing on the theory of structural coercion, a main conclusion of the paper is that the asymmetric convergence model ultimately encounters the very incompleteness problems that its proponents often associate with more familiar consensus models of public justification. The paper also develops an alternative, Rawlsian-inspired account of public justification that includes elements of both convergence and consensus but not asymmetry. The Rawlsian model enables us to understand how democratic decisions may possess a degree of procedural, but still morally significant, liberal legitimacy under conditions of pluralism even when citizens fail to agree fully about either the premises of or conclusions to their political arguments. (shrink)

The paper challenges the view that public justification sits well with emancipatory and egalitarian intuitions. I distinguish between the depth, scope and the purchase of the discursive standing that such justification allocates, and situate within this matrix Rawls’s view of public justification. A standard objection to this view is that public justification should be more inclusive in scope. This is both plausible and problematic in emancipatory and egalitarian terms. If inclusive public justification allocates discursive standing that is rich in purchase, (...) as seems desirable in emancipatory terms, it may be unable to allocate equal standing to all relevant people. And if it is to allocate equal standing, then the equality of that standing should be construed in terms that allow for unequal discursive purchase. (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)

This piece defends the asymmetric convergence approach to public justification against James Boettcher's recent critique.

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 (...) question. Nonetheless the chapter's conclusion shows that the research programme of political liberalism provided and continues to provide illuminating insights into the limitations of liberal contractualism, especially under conditions of persistent and radical diversity. The programme is, however, less receptive to challenges to do with the relative decline of the power of modern states. (shrink)

As the COVID-19 pandemic continues to evolve, taking its toll on people’s lives around the world, vaccine passports remain a contentious topic of debate in most liberal democracies. While a small literature on vaccine passports has sprung up over the past few years that considers their ethical pros and cons, in this paper we focus on the question of when vaccine passports are politically legitimate. Specifically, we put forward a ‘public reason ethics framework’ for resolving ethical disputes and use the (...) case of vaccine passports to demonstrate how it works. The framework walks users through a structured analysis of a vaccine passport proposal to determine whether the proposal can be publicly justified and is therefore legitimate. Use of this framework may also help policymakers to design more effective vaccine passports, by incorporating structured input from the public, and thereby better taking the public’s interests and values into account. In short, a public reason ethics framework is meant to encourage better, more legitimate decision-making, resulting in policies that are ethically justifiable, legitimate and effective. (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 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 the Laws, Plato argues that the legislator should attempt to persuade people to voluntarily obey the laws. This persuasion is accomplished through use of legislative preludes. Preludes (also called preambles) are short arguments written into the legal code, which precede laws and give reasons to follow them. In this paper, I argue that Plato’s use of persuasive preludes shows that he endorses the core features of a public reason theory of political justification. Many philosophers argue that Plato’s political philosophy (...) is deeply at odds with contemporary liberal political philosophy. While Plato certainly does not affirm (and even rejects) some of the main features of liberalism, if it could be shown that he endorses some account of public reason (which is a liberal idea to its core), this would suggest that there is more in common between Plato and liberalism than many philosophers think. Furthermore, if combined with the work of philosophers, like C.C.W. Taylor, this could form a cumulative case against those who argue that there is little in common between Plato’s political philosophy and liberalism. In short, by showing that Plato endorses the core features of public reason, I endeavor to show that there is more in common between Plato and liberalism than is often thought. (shrink)

Un des problèmes persistants pour la philosophie pratique est de découvrir un procédé adéquat pour justifier des lois dont la finalité est de réguler le fonctionnement des démocraties constitutionnelles. Les libéraux partisans de la raison publique nient que cette justification puisse provenir de doctrines substantielles, étant donné que les lois doivent pouvoir être justifiées par tous les citoyens (raisonnables). La tradition de la loi naturelle offre un test utile quant à la plausibilité de cette thèse. L’article montre comment les deux (...) versions du libéralisme de la raison publique diffèrent quant à leur acceptation de raisons tirées du droit naturel, et pourquoi, étant donné l’influence de leurs points de départs disparates sur les critères normatifs par lesquels elles évaluent les lois, les partisans du droit naturel ont de bonnes raisons de les rejeter toutes les deux. (shrink)

In this paper, I argue that the debate on the accessibility of religious reasons, as it exists within the public reason literature, has insufficiently identified what it is that makes a religious reason for political action accessible. I thus explore a new route of analysis, one that takes seriously how religious reasons can be accessed via emotion. Emotions, I claim, are not only a source of justification for believers, but they allow non-religious citizens to feel the force of religious reasons (...) more than they otherwise would. (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...

This paper analyzes the use of public reason requirements in bioethical discourse and discusses when such requirements are warranted. By a “public reason requirement,” I mean a requirement that those involved in a particular discourse or debate only use reasons that can properly be described as public reasons. The first part of the paper outlines the concept of public reasons as developed by John Rawls and others and discusses some of the general criticisms of the concept and its importance. The (...) second part then distinguishes between two types of public reason requirements in bioethics. One type is what I will call the orthodox public reason requirement since it hews closely to the original Rawlsian conception. The second is what I will call the expansive public reason requirement, which departs quite radically from the Rawlsian conception and applies the requirement not to policy discourse or policymaking, but to the actions of individuals. Both types of requirements will be analyzed, and some problems in applying public reason requirements in bioethics will be identified. It will be argued that the expansive public reason requirement is misguided. The concluding part argues that requirements of civic civility and what Rawls terms an “inclusive view” of public reason should be important in bioethical discourse. (shrink)

Most debates surrounding the teaching of creationism in the science classroom have been addressed under a standard frame: whether creationism is science or religion. As creationism suggests supernatural causation, it has been understood as beyond the purview of science, and therefore as religion. This argument for methodological naturalism has been increasingly challenged by philosophers of science as a demarcation criterion. The disaggregation approach introduced by Cecile Laborde provides an alternative framework to address this debate. It suggests that the problem with (...) creationism lies in its epistemic inaccessibility, as it is a theory with weak explanatory capacity that has been superseded by Darwinian evolution. Thus, the exclusion of creationism from the science classroom is not grounded in its religious character, but rather in a set of epistemic shortcomings, which are shared by other fully secular pseudoscientific theories. In the same way that religion is not special as a legal-political category under Laborde’s analysis, creationism in the curriculum should not be treated as special either. (shrink)

This article assesses recent claims that international courts and tribunals can enhance their legitimacy through public reason. Section one argues that international legal scholars attribute a wide range of meanings to public reason, and goes on to provide clarification of how this range of conceptions, or ideas and ideals, referred to as public reason fits into the dominant and broadly Rawlsian tradition. Section two analyses properties and features of international courts that make public reason normatively relevant. Section three then sketches (...) an ideal of public reason for ICs that suggests guidelines and principles to limit the discretion of judges when reasoning about morally and politically contentious issues. This ideal is designed to address a particular legitimacy concern raised against many new international courts, namely, that they engage in judicial activism, passing judgments on contentious moral and political issues without being sufficiently authorized and accountable. This ideal does not encourage the judges to engage in more judicial review, rather it seeks to restrict the judges' reasoning and judicial discretion when engaging in review and judicial development of the law. The final section compares and contrasts the proposed account of public reason to other adjudicative ideals, both from the general adjudicative accounts of Ronald Dworkin and Cass Sunstein, as well as the more ambitious and cosmopolitan accounts of public reason for ICs offered by the legal scholars Kumm, Sadurski, and Petersmann. (shrink)

The ideal of publicity plays an important role in contemporary legal and political philosophy. Yet, to date, it has not been brought to bear on the question of voting method choice. This paper aims to fix this. I argue that voting method publicity is a well-motivated requirement which reveals tradeoffs inherent to democracy between procedural and epistemic equality. I further explore the implications of voting method publicity to the normative status of plurality voting and its possible alternatives.

Offering the first developed account of political liberal education, this book combines a thorough analysis of the theoretical groundwork of political liberal education with application-oriented approaches to contemporary educational challenges. Following in depth engagement with the shortcomings of Rawls’ theory and addressing some key objections to neutrality-based restrictions in education, the volume moves on to provide an insightful discussion of topics such as same-sex relations in sex-education, the position of migrant children and the rights of religious parents to determine the (...) education of their children. This book outlines a political liberal account of education which provides a useful contribution to the current debates about liberalism and education in a way unprecedented in the literature on political liberalism so far. It is of interest to anyone working at the intersection of political philosophy and philosophy of education as well as for scholars with a broader interest in how liberalism can respond to the challenges of value pluralism. (shrink)

Rawlsian liberals define legitimacy in terms of the public justification principle (PJP): the exercise of political power is legitimate only if it is justified on the grounds of reasons that all may reasonably be expected to accept. Does PJP exclude religious reasons from public justification of legal provisions? I argue that the requirement of ‘reasonable acceptability’ is not clear enough to answer this question. Furthermore, it fails to address the problematic fact that justification on the grounds of religious faith involves (...) non-negotiable claims, which is incompatible with respect for fellow citizens as co-legislators. Accordingly, I reformulate PJP in fallibilistic terms: the exercise of political power is legitimate only if it is justified on the grounds of reasons that can be subject to reasonable criticism. I show that reasons based on religious faith do not meet this principle, just like any other reasons that involve claims about final values. (shrink)