This paper explores the idea of robust discursive equality on which respect-based conceptions of justificatory reciprocity often draw. I distinguish between formal and substantive discursive equality and argue that if justificatory reciprocity requires that people be accorded formally equal discursive standing, robust discursive equality should not be construed as requiring standing that is equal substantively, or in terms of its discursive purchase. Still, robust discursive equality is purchase sensitive: it does not obtain when discursive standing is impermissibly unequal in purchase. (...) I then showcase different candidate conceptions of purchase justice, and draw conclusions about the substantive commitments of justificatory reciprocity. (shrink)

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)

Rainer Forst’s constructivism argues that a right to justification provides a reasonably non-rejectable foundation of justice. With an exemplary focus on his attempt to ground human rights, I argue that this right cannot provide such a foundation. To accord to others such a right is to include them in the scope of discursive respect. But it is reasonably contested whether we should accord to others equal discursive respect. It follows that Forst’s constructivism cannot ground human rights, or justice, categorically. At (...) best, it can ground them hypothetically. This opens the door wide for ethical foundations of human rights. (shrink)

I argue that the often-heard claim that all serious present-day political philosophers subscribe to the principle of equal respect and concern or to the doctrine of equal moral status or are in some other fundamental sense egalitarians is wrong. Also wrong is the further claim that the usual methods currently used in political philosophy presuppose basic equality. I further argue that liberal egalitarianism itself is wrong. There is no universal duty “of equal respect and concern” towards every person, for one (...) does not owe one’s nice sister and a serial rapist equal respect and concern. There is also no duty of the state to respect all citizens equally, for a state need not be equally concerned about murderous criminals on the one hand and their innocent victims on the other. The potential maneuver of saving liberal egalitarianism by claiming that people have equal rights is unsuccessful. Human beings clearly do not have equal rights, nor are they born with equal rights; and merely having an equality of some rights, for example of “basic” or human ones, would not suffice for egalitarianism. Appeals to “recognition respect” and related concepts are also to no avail. Trying to go back still a step further and to claim that certain rights inequalities or justified discriminatory rules are themselves “grounded” in equal respect and concern at some deeper, norm-generating level (like, for example, the original position or a discourse-ethical principle of justification) is also futile. Finally, I argue that the “This is not what we mean”-strategy of escaping the above arguments reduces egalitarianism to triviality and empty rhetoric. Liberal egalitarianism should be abandoned. (shrink)

Moral and political forms of constructivism accord to people strong, “constitutive” forms of discursive standing and so build on, or express, a commitment to discursive respect. The paper explores dimensions of discursive respect, i.e., depth, scope, and purchase; it addresses tenuous interdependencies between them; on this basis, it identifies limitations of the idea of discursive respect and of constructivism. The task of locating discursive respect in the normative space defined by its three dimensions is partly, and importantly, an ethical task (...) that is beyond constructivism. Interdependencies between these dimensions call into question the possibility of a plausible and coherent form of discursive respect that is deep, inclusive in scope, and rich in purchase. This does not mean that we should reject discursive respect, or constructivism, for that matter. But it suggests that the task of reconciling the dimensions of discursive respect may not allow for widely shareable results. This task needs to be addressed on non-constructivist grounds. Accordingly, we have reasons to concede that constitutive forms of discursive standing are less fundamental in the order of justification than weaker, “derivative” forms, and this is so especially if we take constitutive standing to mark an important good. (shrink)

This book advances a theory of personal, public and political justification. Drawing on current work in epistemology and cognitive psychology, the work develops a theory of personally justified belief. Building on this account, it advances an account of public justification that is more normative and less "populist" than that of "political liberals." Following the social contract theories of Hobbes, Locke and Kant, the work then argues that citizens have conclusive reason to appoint an umpire to resolve disputes arising from inconclusive (...) public justifications. The rule of law, liberal democracy and limited judicial review are defended as elements of a publicly justified umpiring procedure. (shrink)

According to the “internal” conception (Quong), political liberalism aims to be publicly justifiable only to people who are reasonable in a special sense specified and advocated by political liberalism itself. One advantage of the internal conception allegedly is that it enables liberalism to avoid perfectionism. The paper takes issue with this view. It argues that once the internal conception is duly pitched at its fundamental, metatheoretical level and placed in its proper discursive context, it emerges that it comes at the (...) cost of public dogma. The paper examines this problem and argues that a plausible response to this problem is to go beyond the internal conception and adopt a more inclusive, dynamic conception. But this calls for a form of perfectionism. Thus, the internal conception of political liberalism, far from showing how liberalism can be had without perfectionism, effectively calls for perfectionism as a remedy for its problems. (shrink)

(In German.) The book addresses Rawls's post-1985 political liberalism. His justification of political liberalism -- as reflected in his arguments from overlapping consensus -- faces the problem that liberal content can be justified as reciprocally acceptable only if the addressees of such a justification already endorse points of view that suitably support liberal ideas. Rawls responds to this legitimacy-theoretical problem by restricting public justification's scope to include reasonable people only, while implicitly defining reasonableness as a substantive liberal virtue. But this (...) virtue-ethical grounding of political liberalism is itself unreasonable. The phenomenon of disharmony of practical reason gives the reasonable reasons to take it that political legitimacy does not obtain if and where moral-political principles are acceptable from their point of view only. (shrink)

This article suggests a Kantian reading of Rawls’s Political Liberalism. As much as Rawls distanced himself from a presentation of his theory in terms of a comprehensive Kantian moral doctrine, we ought to read it as a noncomprehensive Kantian moral-political theory. According to the latter approach, the liberal conception of justice is compatible with a plurality of comprehensive doctrines as long as they share the independently defined and grounded essentials of that conception of justice—that is, as long as they are (...) “reasonable,” to use the term that does most of the Kantian work. (shrink)

This paper addresses the question of whether the duties associated with public reason are conditional on reciprocity. Public reason is not a norm intended to stabilize commitment to justice, but a moral principle, albeit one that is conditional on reciprocity because grounded in the idea of mutual respect despite ongoing moral disagreement. We can build reciprocity into the principle by stipulating that unanimous acceptability is required only with respect to points of view accepting the principle. If compliance with law is (...) assured, then the duties of public reason associated with authorship of law should be considered conditional on reciprocity only in this ‘internal’ sense, which is not proportional but bi-lateral. (shrink)

In this paper I take issue with Rainer Forst's claim that his account of the demand for justification that is at the core of the idea of justice provides our political thinking with a final “fundamentum inconcussum”.

This paper argues for a conception of transnational justice that provides an alternative to globalist and statist views. In light of an analysis of the transnational context of justice, a critical theory is suggested that addresses the multiple relations of injustice and domination to be found in this context. Based on a universal, individual right to reciprocal and general justification, this theory argues for justifiable social and political relations both within and between states. In both of these contexts, it distinguishes (...) between minimal and maximal justice and stresses the interdependence of domestic and transnational justice. On both levels, minimal justice calls for a discursive structure of justification, whereas maximal justice implies a fully justified basic social structure. (shrink)

:The ideal of public justification holds, at a minimum, that the most fundamental political and legal institutions of a society must be publicly justified to each of its members. This essay proposes and defends a new account of this ideal. The account defended construes public justification as an ideal of rational justification, one that is grounded in the moral requirement to respect the rational agency of persons. The essay distinguishes two kinds of justifying reasons that bear on politics and shows (...) how they inform the ideal of public justification. It also decouples public justification from contractualist political morality. The result is a novel account of public justification that departs markedly from how the ideal is commonly characterized, but shows how it retains its distinctiveness as an ideal of politics. View HTML Send article to KindleTo send this article to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about sending to your Kindle. Find out more about sending to your Kindle. Note you can select to send to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be sent to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply. Find out more about the Kindle Personal Document Service.THE PURE THEORY OF PUBLIC JUSTIFICATIONVolume 32, Issue 2Steven Wall DOI: https://doi.org/10.1017/S0265052516000170Your Kindle email address Please provide your Kindle [email protected]@kindle.com Available formats PDF Please select a format to send. By using this service, you agree that you will only keep articles for personal use, and will not openly distribute them via Dropbox, Google Drive or other file sharing services. Please confirm that you accept the terms of use. Cancel Send ×Send article to Dropbox To send this article to your Dropbox account, please select one or more formats and confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about sending content to Dropbox. THE PURE THEORY OF PUBLIC JUSTIFICATIONVolume 32, Issue 2Steven Wall DOI: https://doi.org/10.1017/S0265052516000170Available formats PDF Please select a format to send. By using this service, you agree that you will only keep articles for personal use, and will not openly distribute them via Dropbox, Google Drive or other file sharing services. Please confirm that you accept the terms of use. Cancel Send ×Send article to Google Drive To send this article to your Google Drive account, please select one or more formats and confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about sending content to Google Drive. THE PURE THEORY OF PUBLIC JUSTIFICATIONVolume 32, Issue 2Steven Wall DOI: https://doi.org/10.1017/S0265052516000170Available formats PDF Please select a format to send. By using this service, you agree that you will only keep articles for personal use, and will not openly distribute them via Dropbox, Google Drive or other file sharing services. Please confirm that you accept the terms of use. Cancel Send ×Export citation Request permission. (shrink)

I argue that Forst’s justification paradigm is less radical than claimed in that it fails to establish an immanent connection between the role of justification as a transcendental principle and as...

I argue that Forst’s justification paradigm is less radical than claimed in that it fails to establish an immanent connection between the role of justification as a transcendental principle and as a tool of disclosing, reflexive critique. I maintain that the construal of justification as a trans-historical principle, by definition, shields it from systematic criticism and consequently constrains critique’s capacity for reflexive self-scrutiny. Reflexivity is ignited by disclosure to the degree that it is reflection on the non-identical elements of social (...) life that may prompt critical re-evaluation of a theory’s conceptual framework. Justification critique’s capacity for disclosure, and hence reflexivity, is crucially limited, however, by Forst’s reliance on a tendentious concept of noumenal power, which does not satisfactorily explain the complex, material dynamics through which structural inequalities are reproduced. It is further stymied by a disregard of the latent power dynamics often at work in actual conversations about justice that subvert formally equal relations of justification. In short, the lack of reflexivity is evident in Forst’s failure to adequately consider how entrenched asymmetries of power may require him to advance beyond an abstract, one-dimensional account of mutually owed justifications. (shrink)