The ‘consensus’ model of public reason, associated with John Rawls’s political liberalism, has been criticised for excluding certain reasons from receiving consideration where the justification of the constitutional essentials is concerned. One limitation of these criticisms is that they typically focus on the exclusion of reasons political liberals are committed to excluding, notably reasons based on religious and comprehensive views. I argue that public reason excludes some reasons, central to the interests of many oppressed groups, that public reason advocates will (...) agree should not be excluded.L’idée de raison publique comme «consensus», associée au libéralisme politique de John Rawls, a été attaquée du fait de sa supposée incapacité à permettre la prise en compte de certaines raisons dans les cas où la substance même de la constitution est en question. Une limitation de ces critiques est qu’elles se concentrent habituellement sur l’exclusion de ces raisons que les libéraux eux-mêmes s’efforcent d’exclure, en particulier des raisons fondées sur des vues globales ou religieuses. Je défends l’idée selon laquelle la raison publique exclut de fait certaines raisons, essentielles aux intérêts de nombreux groupes opprimés, que les tenants de la raison publique eux-mêmes considèreraient ne pas devoir être exclues. (shrink)

A common objection to the idea of public reason is that it cannot resolve fundamental political issues because it excludes too many moral considerations from the political domain. Following an important but often overlooked distinction drawn by Gerald Gaus, there are two ways to understand this objection. First, public reason is often said to be inconclusive because it fails to generate agreement on fundamental political issues. Second, and more radically, some critics have claimed that public reason is indeterminate because it (...) cannot provide any citizen with sufficient reason(s) for making important political decisions. Against the first of these objections, I argue that the purpose of public reason is not to end reasonable disagreement. Rather, it is to provide a suitable framework of values and principles within which citizens may resolve their moral and political differences. Against the second objection, I argue, first, that the indeterminacy of public reason is much less common than its inconclusiveness; and, second, that there are second-order decision-making strategies that may enable citizens to cope with cases of indeterminacy. The incompleteness of public reason, whether it takes the form of inconclusiveness or indeterminacy, is not a reason for citizens to abandon their commitment to public justification. (shrink)

According to John Rawls's ideal of liberal public reason, comprehensive moral, religious and philosophical doctrines should play no more than an auxiliary or marginal role in the political life of constitutional democracies. David Reidy has recently claimed that since liberal public reason is incomplete, comprehensive doctrines, and non-public reasons, must play a wider role than Rawls admits. In response, I argue that Reidy's arguments do not establish that liberal public reason is incomplete. Furthermore, even if the substantive values embodied in (...) liberal public reason were insufficient to determine certain fundamental decisions, such indeterminacy need not be eliminated by recourse to comprehensive doctrines. (shrink)

Political liberalism offers perhaps the most developed and dominant account of justice and legitimacy in the face of disagreement among citizens. A prominent objection states that the view arbitrarily treats differently disagreement about the good, such as on what makes for a good life, and disagreement about justice. In the presence of reasonable disagreement about the good, political liberals argue that the state must be neutral, but they do not suggest a similar response given reasonable disagreement about what justice requires. (...) A leading political liberal, Jonathan Quong, has recently offered a rebuttal to this asymmetry objection. His reply rests on an innovative distinction between justificatory and foundational disagreement. Quong claims that disagreements about justice in a well ordered society are justificatory while disagreements about the good are foundational, and suggests that this fact blocks the asymmetry objection. We assess Quong's solution and argue that it fails to justify legitimate state action on matters of justice but not the good. We conclude that the asymmetry objection continues to undermine political liberalism. (shrink)