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)

A common objection to political liberalism is that since reasonable citizens agree that some ways of life are worse than others – for instance that the life of a drug addict is less worthwhile than the life of a person who spends her time with family and philosophy – political liberals must concede that the state can sometimes permissibly use perfectionist reasons. I argue in this paper that this challenge is mistaken, because the comparison only tells us something about relative, (...) not absolute, value. And because the real question concerns what the right justificatory constituency looks like, not what counts as reasonable in some other sense, the implication is that perfectionists and political liberals could construct equally plausible idealised constituencies. This stalemate gives us reason to develop arguments in favour of our preferred justificatory constituency. We cannot view local comparative judgements in isolation. (shrink)

Many democratic theorists hold that when a decision is collectively made in the right kind of way, in accordance with the right procedure, it is permissible to enforce it. They deny that there are further requirements on the type of reasons that can permissibly be used to justify laws and policies. In this paper, I argue that democratic theorists are mistaken about this. So-called public reason requirements follow from commitments that most of them already hold. Drawing on the democratic ideal (...) of civic equality, I show that it can successfully explain why political decision-making must have the right sort of procedure-independent justification. However, contra standard accounts of public reason, I argue that laws and policies need to be justified with convergence accessible, not shared, reasons. Public reasons are those that are accessible in light of evaluative standards shared by all, or in light of every citizen’s private evaluative standards. Since this will make the set of public reasons wider, it makes the theory more palatable to sceptics while retaining the framework’s justificatory potential. (shrink)

Journal of Political Philosophy, EarlyView.

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)

Political liberals claim that liberal polities may legitimately dismiss the objections of ‘unreasonable’ citizens who resist political liberals’ favored principles of justice and political justification. A growing number of other political philosophers, including post-colonialist theorists, have objected to the resulting insularity of political liberalism. However, political liberals’ insularity also often prevents them from being sensitive or responsive to these critics’ complaints. In this article, I develop a more efficacious internal critique of political liberalism: I show that political liberals’ own core (...) principles of liberal legitimacy sometimes require liberal polities to engage with the objections of those who hold ‘unreasonable’, and even illiberal, views. First, I draw on the work of Sayyid Qutb, an illiberal Islamic political thinker, to argue that – contrary to what political liberals often imply – even ‘unreasonable’, illiberal citizens may be fair-minded: that is, they may be actively concerned to cooperate with others on fair and mutually endorsable terms. Second, I contend that a liberal state’s own core commitment to treating citizens as free and equal requires it to offer fair-minded illiberal citizens like Qutb deep reasons – that don’t presuppose agreement on liberal principles of justice and so can speak to them in the dialectical position they start from – for why they should accept the liberal laws with which the state coerces them to comply. By showing how political liberals’ own commitments oblige them to address even ‘unreasonable’ political perspectives, I open the door to their more robust engagement with their critics, including not only comparative political theorists but also the growing number of illiberal citizens who challenge democratic regimes. (shrink)

Political liberals assume an accessibility requirement, which means that, for ensuring civic respect and non-manipulation, public officials should offer accessible reasons during political advocacy. Recently, critics have offered two arguments to show that the accessibility requirement is unnecessary. The first is the pluralism argument: Given the pluralism in evaluative standards, when officials offer non-accessible reasons, they are not disrespectful because they may merely try to reveal their strongest reason. The second is the honesty argument: As long as officials honestly confess (...) their beliefs after offering non-accessible reasons, disrespect and non-manipulation do not occur. This paper defends the accessibility requirement and asserts that these two arguments overlook a unique feature of the political domain. While all citizens collectively own political power as a corporate body, an official does not privately own her political power. Instead, she is a trustee who has a duty to act on behalf of the corporate body, that is, she has to make decisions on grounds that are accessible to others. This duty explains why, despite pluralism, the accessibility requirement is necessary. Moreover, given that political decisions are profoundly influential to each person, requiring people to be honest is ineffective in discouraging disrespectful and manipulative acts. (shrink)

Political liberalism’s central commitments to recognizing reasonable pluralism and institutionalizing a substantive conception of justice are inconsistent. If reasonable pluralism applies to conceptions of justice as it applies to conceptions of the good, then some reasonable people will reject even many liberal conceptions of justice as unreasonable. If so, then imposing these conceptions of justice on citizens violates the liberal principle of legitimacy and related public justification requirements. This problem of justice pluralism requires that political liberals abandon their commitment to (...) institutionalizing a substantive conception of justice. Instead, political justification should be limited to the public justification of a modest scheme of rights and a set of constitutional rules. Justice pluralism chastens the ambitions of political liberalism while pushing the political liberal research program in new and promising directions. (shrink)

The child’s right to an open future aims at protecting the autonomy of the mature person into which a child will normally develop. The justification of state interventions into parental decisions which unduly restrict the options of the prospective adult has to address the problem that the value of autonomy is highly contested in modern pluralist societies. The article argues that the modern majority culture provides young adults with many more options than traditionalist religious communities. However, the options that can (...) be chosen in faith groups, such as the Amish, do not constitute a subset of the options available in the wider society. Therefore, state policies which pursue the goal of providing every child with the greatest possible set of options cannot be based on a neutralist version of political liberalism. The advocates of a child’s right to an open future must rely on a perfectionist version of liberalism which draws on the ideal of leading an autonomous life. Since liberal perfectionism has problematic implications, the article defends a neutralist position that largely refrains from state interference with the educational authority of fundamentalist religious communities. (shrink)

Most significant policy issues facing humanity reach across national borders. Consequential political decisions with cross-national effects are frequently made by states, non-state organisations, and corporations. Under these circumstances, it is widely acknowledged that it is important to conduct deliberation at the global level. Below this shallow agreement, however, lies deep disagreement about a crucial question: how, if at all, is it morally permissible for deliberation to result in a set of international laws and rules that are imposed on a world (...) population which is deeply pluralistic in its moral and political attitudes? When the equivalent question is asked within the confines of a political community, one prominent answer is by reference to a standard of public reason. While there is a large literature about public reason at the domestic level, the literature on global public reason is comparatively underdeveloped. The paper addresses this lacuna in two ways. First, it motivates the global public reason project, and conceptualises the nature of the challenge that accounts of global public reason face. Second, it demonstrates that, by their own evaluative standards, existing accounts of global public reason are unable to satisfy both desiderata simultaneously, being either too ‘thick’ or too ‘thin’. (shrink)

Public reason liberalism holds that laws and policies must be justifiable to all reasonable citizens. Recently, David Enoch has offered an impressive and influential argument against the epistemological commitments of public reason liberalism on the grounds that they are ‘highly controversial’. After setting out this argument (Sections I and II), I show how its central claim is ambiguous between two senses of ‘controversial’. This gives rise to a dilemma: either Enoch's claim is that the relevant epistemological commitments are controversial in (...) the sense of being subject to controversy amongst actual people, in which case this is true but not troubling for public reason theorists; or the claim is that the relevant commitments are controversial in the sense of being subject to controversy amongst reasonable people, in which case this simply begs the question against public reason theorists (Section III). I then defend each horn of the dilemma against objections (Sections IV and V). I conclude by generalizing this dilemma, showing how it defuses not just Enoch's argument but also a number of other arguments frequently made in the literature on public reason liberalism (Section VI). (shrink)

The paper begins with a hypothetical story and asks: how should a Rawlsian political liberal state justify its coercion over Nozick, an unreasonable but intelligible citizen (UIC)? I use this thought experiment to illustrate a recent critique of political liberalism. It argues that political liberalism coerces UIC on a sectarian ground. Call it the sectarian critique. My paper addresses the sectarian critique from a political liberal perspective. I suggest a condition of state conjecture, which argues that the state officials should (...) use conjecture to engage with UIC, like Nozick. This brings two benefits to the stability of a political liberal society. First, UIC may be convinced and become reasonable citizens. Secondly, the activity of offering conjectures can strengthen the public confidence of political liberalism as a valuable collective project. Although, eventually, some UIC may remain unpersuaded and be coerced on grounds that are unjustified to them, the force of the sectarian critique will be significantly weakened after the condition of state conjecture is fulfilled. (shrink)