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

Political liberals hold that the exercise of state power is legitimate only if it can be publicly justified—justified on the basis of public reasons. Many find this requirement too demanding and propose instead that there are just pro tanto reasons for laws and policies to be publicly justified. Here I argue that this alternative proposal fails to recognize that there are also distinct pro tanto reasons to have institutional requirements that laws and policies are publicly justified. This suggests an intermediate (...) position between political liberals and their critics, which holds that states have reasons to adopt the kinds of institutions that political liberals favor—institutions that require public justification—but whether they should do so will depend on the costs and benefits of those institutions. This allows for a more practical approach to public justification by focusing on its application in particular political contexts. (shrink)

Journal of Political Philosophy, EarlyView.

The standard liberal egalitarian approach to religious exemptions from generally applicable laws implies that such exemptions may be necessary in the name of equal respect for each citizen’s conscience. In each particular case this approach requires balancing the claims of devout believers against the countervailing claims of other citizens. I contend, firstly, that under the conditions of deep moral and ideological disagreement the balancing procedure proves to be extremely inconclusive. It does not provide an unequivocal solution even in the imaginary (...) case based on the biblical story of Abraham’s sacrifice, not to speak of real-life cases that are far less suggestive. Secondly, I argue that it is possible to consider demands for religious exemptions respectfully, without even challenging the way they are justified, but still reject them for principled reasons—namely, because these demands cannot be met without arbitrarily bending popular sovereignty to the dictate of religious doctrines. (shrink)

The ‘convergence conception’ of political liberalism has become increasingly popular in recent years. Steven Wall has shown that convergence liberals face a serious dilemma in responding to disagreement about whether laws are publicly justified. What I call the ‘conjunctive approach’ to such disagreement threatens anarchism, while the ‘non-conjunctive’ approach appears to render convergence liberalism internally inconsistent. This paper defends the non-conjunctive approach, which holds that the correct view of public justification should be followed even if some citizens do not consider (...) enacted laws to be publicly justified. My argument sheds light on the fundamental structure of convergence liberalism. (shrink)

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)

Kevin Vallier defends a theory of the normative limits of the use of coercion by the state known as convergence liberalism. Central to this theory is a principle of public justification according to which the coercive power of the state is justified and legitimate if and only if each member of the public has sufficient reason to endorse the coercion. I argue that this principle is too demanding. Certain epistemological limitations render cost-benefit analyses of many, if not all, laws and (...) policies inconclusive. This, together with the fact of evaluative pluralism, make it the case that very few coercive laws and regulations will be publicly justified. The result is that convergence liberalism threatens to obstruct the state’s capacity to protect the environment and address preventable forms of injustice. (shrink)

Can Rawlsian public reason sufficiently justify public policies that regulate or restrain controversial medical and technological interventions in bioethics (and the broader social world), such as abortion, physician aid-in-dying, CRISPER-cas9 gene editing of embryos, surrogate mothers, pre-implantation genetic diagnosis of eight-cell embryos, and so on? The first part of this essay briefly explicates the central concepts that define Rawlsian political liberalism. The latter half of this essay then demonstrates how a commitment to Rawlsian public reason can ameliorate (not completely resolve) (...) many of the policy disagreements related to bioethically controversial medical interventions today. The goal of public reason is to reduce the size of the disagreement by eliminating features of the disagreement that violate the norms of public reason. The norms of public reason are those norms that are politically necessary to preserve the liberal, pluralistic, democratic character of this society. What remains is reasonable disagreement to be addressed through normal democratic deliberative processes. Specific issues addressed from a public reason perspective include personal responsibility for excessive health costs, the utility of a metaphysical definition of death for organ transplantation, and the moral status of excess embryos generated through IVF and/or their use in medical research. (shrink)

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)

In Liberalism's Religion, Cécile Laborde claims that public reason has to be broadened. She rejects the criterion of shareability and advocates for the criterion of accessibility. Such a broadening seems to break with an orthodox political liberalism. This paper seeks to highlight the reasons why Laborde prefers the criterion of accessibility to its rivals. My claim is that, far from leading Laborde out from the liberal side, her views show that she understands the liberals better than they understand themselves. Ultimately, (...) I make a few suggestions on how to better structure the political debate once public reason has been broadened. (shrink)

In this paper, I defend Rawlsian Political Liberalism from the integrity objection. Integrity objectors claim that political liberals unjustifiably exclude certain religious citizens from making use of their religious values when voting upon basic principles of justice and constitutional essentials. I argue, first, that the integrity objection does not apply to political liberalism. Second, I claim that there is a place in the public, political culture for citizens to make use of their comprehensive values. Third, I argue that attempts to (...) reformulate political liberalism to avoid the integrity objection are ultimately unsuccessful. (shrink)