In a number of publications, Gerald Gaus has presented an ambitious account of political morality that gives the ideal of public justification pride of place. This article critically discusses Gaus’s characterization and defense of the ideal of public justification in politics. It also presents an account and an argument in support of first-person political justification.

One objection to the principle of public reason is that since there is room for reasonable disagreement about distributive justice as well as about human flourishing, the requirement of reasonable acceptability rules out redistribution as well as perfectionism. In response, some justificatory liberals have invoked the argument from higher-order unanimity, or nested inclusiveness. If it is not reasonable to reject having some system of property rights, and if redistribution is just the enforcement of a different set of property rights, redistribution (...) is legitimate if chosen democratically. This article explores two problems with this response. First, there are different ways to describe the set of possible policies, and so different ways to specify the noncoercive default that obtains in the absence of conclusive justification. Second, if the coercive exercise of political power must be conclusively justified, policies that are more coercive ought to require conclusive justification as against policies that are less coercive. These problems about the baseline with respect to which we require public justification raise the question of how we measure coercion, and whether or in what sense there is a presumption against coercion. The article distinguishes and argues against three such presumptions. (shrink)

Compared to other debates in contemporary political philosophy, the light-to-heat ratio of discussions of neutrality has been somewhat dismal. Although most political philosophers seem to know whether they are for it or against it, there is considerable confusion about what “it” is. To be sure, some of this ambiguity has been noted, and at least partially dealt with, in the literature. Neutrality understood as a constraint on the sorts of reasons that may be advanced to justify state action is regularly (...) distinguished from “consequential neutrality”—that the effects of state policy must somehow be neutral.1 Yet interpretations of neutrality are far more diverse than most analyses recognize.2 Neutrality is sometimes understood as a doctrine about: the intent or aim of legislation or legislators,3 the proper functions of the state,4 the prohibition of the state “taking a stand” on some issues,5 the prohibition of the state enforcing moral character,6 or the requirement that the state take a stance of impartiality.7 Alternatively, neutrality can be understood as a requirement of a theory justice rather than state action.8 There are also differences about whether neutral states (or theories.. (shrink)

My concern in this chapter is the place of autonomy within liberalism, understood as a public morality.1 To what extent is liberal morality necessarily committed to some doctrine of autonomy, and what is the nature of this doctrine? I begin (§2) by briefly explicating my understanding of liberalism, which is based the fundamental liberal principle—that all interferences with action stand in need of justification. Section 3 then defends my first core claim: given a certain compelling view of the nature of (...) moral reasons, the fundamental liberal principle presupposes a Kantian conception of morally autonomous agents. I then consider (§4) an implication of the fundamental liberal principle when applied to public morality and the law, viz. that an interference with liberty must be justified to everyone. This public justification principle, I argue, constitutes a version of Kant’s categorical imperative; thus liberalism is committed to not only autonomy of the will (§3) but a substantive morality of autonomy. By the end of section 4 I will have shown that liberal morality is committed to what may be broadly deemed a “Kantian” conception of moral autonomy. (shrink)