Many liberal philosophers claim that people are free to do as they will by default; any interference must be justified. This supposed presumption of liberty does a significant amount of theoretical work for public reason liberals such as Gerald Gaus and John Rawls. This paper shows that Gaus’s explicit defense of a presumption of liberty fails. Gausa and his many followers repeatedly appeal to a particular thought experiment from Stanley Benn. We argue that this thought experiment fails to show that (...) there is a presumption of liberty, but instead shows, at best, the trivial point that when any particular moral concern is specified to be the only relevant concern, then there is a presumption in favor of that concern. Further, Gaus, along with Shaun Nichols, has tried to demonstrate empirically that the intuitions and conclusions he draws from this example are fairly uniform and universal among other moral agents, but we explain why their experimental results do not vindicate any such conclusion. We conclude that undermining the alleged presumption of liberty places public reason liberalism in serious jeopardy. (shrink)

Recently, there have been attempts at offering new justifications of the Rawlsian idea of public reason. Blain Neufeld has suggested that the ideal of political autonomy justifies public reason, while R.J. Leland and Han van Wietmarschen have sought to justify the idea by appealing to the value of political community. In this paper, I show that both proposals are vulnerable to a common problem. In realistic circumstances, they will often turn into reasons to oppose, rather than support, public reason. However, (...) this counterintuitive result can be avoided if we conceive of autonomy and community differently. (shrink)

In public reason liberalism, equal respect requires that conceptions of justice be publicly justifiable to relevant people in a manner that allocates to each an equal say. But all liberal public justification also excludes: e.g., it accords no say, or a lesser say, to people it deems unreasonable. Can liberal public justification be aligned with the equal respect that allegedly grounds it, if the latter calls for discursive equality? The chapter explores this challenge with a focus on Rawls-type political liberalism. (...) I suggest that political liberalism’s commitment to equal respect can cohere with the standing of the unreasonable in public justification if that standing is not impermissibly unequal in discursive purchase. I then consider one candidate view of the permissibility of purchase inequality. On this broadly sufficientarian view, purchase inequality is permissible provided relevant people have standing of enough purchase to be able to avoid relevant bads. A plausible variant of this view suggests that political liberalism’s commitment to equal respect does not cohere with the discursive standing of the unreasonable. It emerges that where liberal public justification accords actual people discursive respect but relevantly idealizes at least around its fringes, the permissibility of purchase inequality must be a central concern. (shrink)

The paper deals with the methodological clash between idealism and anti-idealism in political philosophy, and highlights its importance for public reason (PR) and public justification (PJ) theorising. Upon reviewing the broader context which harks back to Rawls’s notion of a realistic utopia, we focus on two major recent contributions to the debate in the work of David Estlund (the prototypical utopian) and Gerald Gaus (the cautious anti-utopian). While Estlund presents a powerful case on behalf of ideal theorising, claiming that motivational (...) incapacity and other non-ideal features of “human nature” – the so-called bad facts – do not normally refute the desirability of highly utopian theories of justice, we show that Gaus is correct in stressing the importance of feasibility considerations, including empirical knowledge about human societies. Because moral disagreement is to be expected even among cognitively and morally excellent reasoners, we argue that Estlund’s search for Truth about justice must idealise away normative diversity as just another bad fact. This methodological dispute has important ramifications for current debates about PR and PJ as the grounds of liberal legitimacy. Because consensual approaches rely on strong idealisation which results in exclusion of numerous comprehensive doctrines from consideration, we conclude that convergence-based liberal political theory has distinct advantage as regards exploiting normative diversity to the advantage of everyone. (shrink)

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

The New Diversity Theory (NDT) represents a novel approach to public reason liberalism, providing an alternative to the traditional, Rawlsian public reason paradigm. One of the NDT's distinctive features is its emphasis on the potential advantages of a diverse society, with a particularly strong focus on the epistemic benefits of diversity. In this paper, I call into question whether societal diversity has the epistemic benefits that New Diversity theorists claim. I highlight a number of pernicious epistemic phenomena that tend to (...) arise in diverse contexts, ultimately arguing that the only feasible way around these epistemic pitfalls is through widespread convergence on certain intellectual virtues. If these virtues are indeed necessary, then the benefits highlighted by the NDT should only be expected in societies that reflect certain kinds of diversity. More precisely, only the kinds of diversity that can still persist despite homogenization along the lines of certain intellectual virtues are compatible with the NDT's claims. Building upon this insight, I then highlight features of the NDT that require further development in order for it to serve as a compelling alternative to its Rawlsian counterpart. (shrink)

Convergence liberalism has emerged as a prominent interpretation of public reason liberalism. Yet, while its main rival in the public reason literature—the Rawlsian consensus account of public reason—has faced serious scrutiny regarding its ability to secure equal citizenship forallmembers of society, especially for members of historically subordinated groups, convergence liberalism has not. With this article, we hope to start a discussion about convergence liberalism and its (in)ability to address group-based social inequalities. In particular, we aim to show that given the (...) core features of the viewandreal-world pluralism, the policies needed to secure gender equality and protect equal citizenship for women will not be justified. We make our case by considering various inequalities that are due to the gendered division of labor and potential convergence liberal responses. (shrink)

Public reason liberals hold that laws and institutions must be in some sense justifiable to all reasonable citizens. Different public reason liberals have developed different accounts of the constituency of reasonable citizens to whom justification is owed. Recently, a number of theorists have suggested that public reason views with less “sectarian” accounts of reasonableness are in one way better than public reason views with more “sectarian” accounts of reasonableness. Yet, despite being used to tremendous effect to motivate particular theories of (...) public reason, this anti-sectarianism desideratum has not received focused treatment, and hardly any detailed arguments have been offered for it. In this paper, I fill this gap by considering the case for the anti-sectarian desideratum. I find that there is no good reason to regard less sectarian public reason views as in one way better than more sectarian views. (shrink)