Plausible retributivist justifications for punishment assert that the commission of a moral wrong creates a pro tanto reason to punish the person who committed it. Yet there are good case-based and theoretical reasons to believe that not all moral wrongs are the proper subjects of criminal law or that they are within the proper domain of the state. This article provides these reasons, which suggest that a plausible retributivist justification for punishment must make distinctions between state-relevant and non-state-relevant moral wrongs (...) and state-relevant and non-state-relevant desert. The article makes the case for Rawlsian public reason as a plausible method for making these distinctions. (shrink)

I present a persistent religious moral theory, known as divine command theory, which conflicts with liberal political thought. John Rawls's notion of public reason offers a framework for thinking about this conflict, but it has been criticized for demanding great restrictions on religious considerations in public deliberation. I argue that although Paul Kurtz is critical of organized religion, his epistemological suggestions and ethical theory offer a feasible way to build common moral ground between atheists, secularists, and theists, so long as (...) each maintains the important democratic value of toleration in the form of either fallibilism or skepticism. (shrink)

This paper examines the recent ?deliberative turn? in environmental political thought with particular regard to demands concerning the employment of public reason in democratic deliberation. Working from John Rawls? account of the three essential elements of deliberative democracy, the paper assesses the scope for bringing environmental claims within the remit of public reason, and revisits the ?unfairness to novel reasons? objection against public reason, as articulated by Jeremy Waldron and then criticised by Lawrence Solum. I argue for a contextual view (...) of political justification. The unfairness objection is found to hold in an attenuated form, and disbarring non?public reasons from decisiveness in political justification, even on a wide view of public political culture, imposes an arbitrary unfairness on those, such as environmental activists, seeking to challenge widely shared, but possibly misguided, beliefs. (shrink)