When and why do socially constructed norms—including the laws of the land, norms of etiquette, and informal customs—generate moral obligations? I argue that the answer lies in the duty to respect others, specifically to give them what I call “agency respect.” This is the kind of respect that people are owed in light of how they exercise their agency. My central thesis is this: To the extent that (i) existing norms are underpinned by people’s commitments as agents and (ii) they (...) do not conflict with morality, they place moral demands on us on agency-respect grounds. This view of the moral force of socially constructed norms, I suggest, is superior to views that deny the moral force of such norms, and it elegantly explains certain instances of wrongdoing that would otherwise remain unaccounted for. (shrink)

Public reason liberalism is defined by the idea that laws and policies should be justifiable to each person who is subject to them. But what does it mean for reasons to be public or, in other words, suitable for this process of justification? In response to this question, Kevin Vallier has recently developed the traditional distinction between consensus and convergence public reason into a classification distinguishing three main approaches: shareability, accessibility and intelligibility. The goal of this paper is to defend (...) the accessibility approach by demonstrating its ability to strike an appealing middle course in terms of inclusivity between shareability and intelligibility. We first argue against Vallier that accessibility can exclude religious reasons from public justification. Second, we use scientific reasons as a case study to show that accessibility excludes considerably fewer reasons than shareability. Throughout the paper, we connect our discussion of accessibility to John Rawls’s model of public reason, so as to give substance to the accessibility approach and to further our understanding of Rawls’s influential model. (shrink)

John Rawls claims that public reasoning is the reasoning of ‘equal citizens who as a corporate body impose rules on one another backed by sanctions of state power’. Drawing on an amended version of Michael Bratman’s theory of shared intentions, I flesh out this claim by developing the ‘civic people’ account of public reason. Citizens realize ‘full’ political autonomy as members of a civic people. Full political autonomy, though, cannot be realised by citizens in societies governed by a ‘constrained proceduralist’ (...) account of democratic self-government, or the ‘convergence’ account of public justification formulated recently by Gerald Gaus and Kevin Vallier. (shrink)

Since it appeared in 1971, John Rawls's A Theory of Justice has become a classic. The author has now revised the original edition to clear up a number of difficulties he and others have found in the original book. Rawls aims to express an essential part of the common core of the democratic tradition--justice as fairness--and to provide an alternative to utilitarianism, which had dominated the Anglo-Saxon tradition of political thought since the nineteenth century. Rawls substitutes the ideal of the (...) social contract as a more satisfactory account of the basic rights and liberties of citizens as free and equal persons. "Each person," writes Rawls, "possesses an inviolability founded on justice that even the welfare of society as a whole cannot override." Advancing the ideas of Rousseau, Kant, Emerson, and Lincoln, Rawls's theory is as powerful today as it was when first published. (shrink)

Though the revised edition of A Theory of Justice, published in 1999, is the definitive statement of Rawls's view, so much of the extensive literature on Rawls's theory refers to the first edition. This reissue makes the first edition once again available for scholars and serious students of Rawls's work.

Some religiously devout individuals believe divine command can override an obligation to obey the law where the two are in conflict. At the extreme, some individuals believe that acts of violence that seek to change or punish a political community, or to prevent others from violating what they take to be God’s law, are morally justified. In the face of this apparent clash between religious and political commitments it might seem that modern versions of political morality—such as John Rawls’s political (...) liberalism—that refuse to take a stance on controversial religious matters, or eschew appeal to perfectionist doctrines, are beset by a particularly acute version of this problem of religious disobedience. Whilst political liberalism follows this path so as to generate wide and stable support, it raises the question of how political liberals should respond to religiously motivated non-compliance with the norms of that liberal conception of justice. This article evaluates what resources are available to political liberalism to respond to this challenge. It examines whether anti-perfectionism can be sustained in the face of those whose religious beliefs are in conflict with the law. We argue that, under certain circumstances, political liberalism requires direct engagement with the religious views of the unreasonable, including offering religious arguments to show that their particular interpretation of their faith is mistaken. This view takes political liberalism away from its usual ambitions, but it is a position that is both anticipated by Rawls and consistent with his view. It does, however, require that political liberals give up the claim that the view is a wholly non-sectarian, purely political view, and accept that, under certain circumstances it is a partially comprehensive version of liberal theory. (shrink)

An important objection to political liberalism is that it provides no means by which to decide conflicts between public and non-public reasons. This article develops John Rawls' idea of `reasoning from conjecture' as one way to argue for a commitment to public reason. Reasoning from conjecture is a form of non-public justification that allows political liberals to reason from within the comprehensive views of at least some unreasonable citizens. After laying out the basic features of this form of non-public justification, (...) this article responds to three objections based on concerns about insincerity, cultural imperialism, and the epistemic authority of those who reason from conjecture. (shrink)

In what sense are persons equal, such that it is appropriate to treat them as equals? This difficult question has been strangely neglected by political philosophers. A plausible answer can be found by adopting a particular interpretation of the idea of respect. Central to this interpretation is the thought that in order to respect persons we need to treat them as ‘opaque', paying attention only to their outward features as agents. This proposed basis of equality has important implications for the (...) currency of egalitarian justice, ruling out a number of the equalizanda favored by contemporary egalitarians. (shrink)

A person enters the moral realm when she affirms that other persons matter in the same way that she does. This, of course, is just the beginning, for she must then determine what follows from this affirmation. One way in which we treat other persons as mattering is by respecting them. And one way in which we respect persons is by respecting their wishes, desires, decisions, choices, ends, and goals. I will call all of these things ‘aims.’ Sometimes we respect (...) another person's aims simply byrefrainingfrom doing certain things, such as treating her in ways that thwart her aims, or interfering with her attempt to pursue them. Other times we respect a person's aims by taking positive action to help her pursue them.But how exactly does respect forpersonstranslate into respect for theiraims?And which aims merit respect? One answer comes from Kant. (shrink)

S. 39: "My project in this paper is to develop the initial distinction which I have drawn between recognition and appraisal respect into a more detailed and specific account of each. These accounts will not merely be of intrinsic interest. Ultimately I will use them to illuminate the puzzles with which this paper began and to understand the idea of self-respect." 42 " Thus, insofar as respect within such a pursuit will depend on an appraisal of the participant from the (...) perspective of whatever standards are held to be appropriate to the pursuit, such respect will depend on a judgement to which excellences of character are thought relevant. Note that exactly what aspect of the person's character is thought to be relevant in this instance is his recognition respect (or lack of it) for the standards of the pursuit." 44 "This attitude fails of being appraisal respect in that my having it toward the person is conditional on those traits being such as to make him server a particular purpose that I happen to have" 44 - 45 "To sum up: Appraisal respect is an attitude of positibe appraisal of a person either judged as a person or as engaged in some more specific pursuit. In the first case, the appropriate grounds are features of the person's character: dispositions to act for particular reasons or a higher-level disposition to act for the best reasons. In the second case, though features of character do not exhaust the appropriate grounds for appraisal respect, some such character traits will be relevant (recognition respect for the standards of a particular pursuit). Also, the other features which constitute the appoprate excellences of the pursuit must be related to traits of character in the way specified. In both cases, the positive appraisal of the person, and of his traits, must be categorical. It cannot depend on the fact that the person, because of his traits, serves an interest or purpose of one's own." 45 "To have recognition respect for someone as a person is to give appropriate weight to the fact that he or she is a person by being willing to constrain one's behaviour in ways required by that fact." 45 "This is rather different from having an attitude of appraisal respect for someone as a person. The latter is a positive appraisal oif an individual made with regard ti those features which are excellences of persons. As such, it is not owed to everone, for it may or may not be merited. When it is, what is merited is just the positive appraisal itself." 47 "Second, the only beings who are approriate objects of appraisal respect are those who are capable of acting for reasons and hence capable of conceiving of various facts as meriting more or less consideration in deliberation.". (shrink)

Self-deception raises complex questions about the nature of belief and the structure of the human mind. In this book, Alfred Mele addresses four of the most critical of these questions: What is it to deceive oneself? How do we deceive ourselves? Why do we deceive ourselves? Is self-deception really possible? -/- Drawing on cutting-edge empirical research on everyday reasoning and biases, Mele takes issue with commonplace attempts to equate the processes of self-deception with those of stereotypical interpersonal deception. Such attempts, (...) he demonstrates, are fundamentally misguided, particularly in the assumption that self-deception is intentional. In their place, Mele proposes a compelling, empirically informed account of the motivational causes of biased beliefs. At the heart of this theory is an appreciation of how emotion and motivation may, without our knowing it, bias our assessment of evidence for beliefs. Highlighting motivation and emotion, Mele develops a pair of approaches for explaining the two forms of self-deception: the "straight" form, in which we believe what we want to be true, and the "twisted" form, in which we believe what we wish to be false. -/- Underlying Mele's work is an abiding interest in understanding and explaining the behavior of real human beings. The result is a comprehensive, elegant, empirically grounded theory of everyday self-deception that should engage philosophers and social scientists alike. (shrink)

The popularity of conspiracy theories poses a clear challenge for contemporary liberal democracies. Conspiracy theories undermine rational debate, spread dangerous falsehoods and threaten social cohesion. However, any possible public policy response, which would try to contain their spread, needs to respect the liberal commitment to protect pluralism and free speech. A successful justification of such a policy must therefore: 1) clearly identify the problematic class of conspiracy theories; and 2) clarify the grounds on which the state is justified in acting (...) against them. This article argues that the prevailing epistemic approaches to conspiracy theorizing cannot fulfil these criteria. Defining conspiracy theories by their flaws in reasoning, questionable coherence or factual mistakes can neither sharply distinguish problematic conspiracy theories from other, non-problematic worldviews nor justify state action. Thus, we propose to understand conspiracy theories through their ethical unreasonableness. We hold that containment of conspiracy theories is justifiable insofar as they undermine the liberal-democratic ideals of mutual respect, freedom and equality. We then show that such ‘ethical’ criteria for conspiracy theories can be sufficiently robust and clear-cut so that they can serve as a useful guide for public policy. (shrink)

The popularity of conspiracy theories poses a clear challenge for contemporary liberal democracies. Conspiracy theories undermine rational debate, spread dangerous falsehoods and threaten social cohesion. However, any possible public policy response, which would try to contain their spread, needs to respect the liberal commitment to protect pluralism and free speech. A successful justification of such a policy must therefore: 1) clearly identify the problematic class of conspiracy theories; and 2) clarify the grounds on which the state is justified in acting (...) against them. This article argues that the prevailing epistemic approaches to conspiracy theorizing cannot fulfil these criteria. Defining conspiracy theories by their flaws in reasoning, questionable coherence or factual mistakes can neither sharply distinguish problematic conspiracy theories from other, non-problematic worldviews nor justify state action. Thus, we propose to understand conspiracy theories through their ethical unreasonableness. We hold that containment of conspiracy theories is justifiable insofar as they undermine the liberal-democratic ideals of mutual respect, freedom and equality. We then show that such ‘ethical’ criteria for conspiracy theories can be sufficiently robust and clear-cut so that they can serve as a useful guide for public policy. (shrink)

Mainstream political liberalism holds that legal coercion is permissible only if it is based on reasons that all can share, access or accept. But these requirements are subject to well-known problems. I articulate and defend an intelligible reasons requirement as an alternative. An intelligible reason is a reason that all suitably idealized members of the public can see as a reason for the person who offers it according to that person’s own evaluative standards. It thereby permits reasons into public justification (...) that all cannot share, access, or accept, and so contrasts with standard approaches to public justification. The intelligible reasons requirement has two striking implications. First, it severs the connection between public justification and principles of deliberative restraint. Second, it pushes political liberals to appeal to other political processes to publicly justify law, specifically bargaining, adjudication, and social evolution. (shrink)

Populism – which positions a ‘true people’ in opposition to a corrupt elite – is often contrasted with liberalism. This article initially outlines the incompatibility between populism and normative...

Political liberalism holds that political decisions should be made on the basis of public considerations, and not on the basis of comprehensive religious, moral, or philosophical views. An important objection to this view is that it presupposes doubt, hesitation, or skepticism about the truth of comprehensive doctrines on the side of reasonable citizens. Proponents of political liberalism, such as John Rawls and Jonathan Quong, successfully defend political liberalism against several objections of this kind. In this paper, I argue that recent (...) developments in the epistemology of disagreement require us to revisit these skeptical concerns. I will argue that the correct understanding of political liberalism’s epistemic commitments, in combination with a conciliatory view about peer disagreement, lead to a new skeptical problem for political liberalism. All reasonable citizens who also hold a set of religious, moral, or philosophical beliefs, I will argue, suffer from a breakdown of epistemic rationality. I will show that existing answers to skeptical objections fail to resolve this problem. (shrink)

Our concern in this essay are the roles of religious conviction in what we call a “publicly justified polity” — one in which the laws conform to the Principle of Public Justification, according to which (in a sense that will become clearer) each citizen must have conclusive reason to accept each law as binding. According to “justificatory liberalism,”1 this public justification requirement follows from the core liberal commitment of respect for the freedom and equality of all citizens.2 To respect each (...) as free and equal requires that no one simply be forced to submit to the judgments of others as to what she must do. Laws must be justified to those subject to them — each must accept grounds that justify the law. As Kant indicated, if such a condition is achieved, each is both subject and legislator: each is subject to the law, yet each legislates the law, and so all our free and equal under the law.3 Now it would appear that if we are to justify laws to each and every person, the reasons for these laws must be “accessible to all.”4 Religious reasons, however, are not shared by everyone, and may be inaccessible to some: they would thereby seem inappropriate in public justification. On the face of it, justificatory liberals seem committed to expunging religious-based reasoning from political justification. Not surprisingly, this apparent commitment of justificatory liberalism is adamantly rejected by many citizens of faith who consider themselves liberals. These citizens embrace the traditional liberal freedoms and rights and, moreover, reject any suggestion that a legitimate polity might seek to establish a religion, much less a theocracy. Yet they.. (shrink)

This chapter aims at defending modus vivendi as a way of including what I call ‘non-reasonable’ people in a liberal society. After clarifying who the ‘non-reasonable’ are, I will argue for a specific modus vivendi as a form of political settlement that allows both reasonable and non-reasonable people to live together without coercion, in a peaceful and relatively stable way. Modus vivendi is the proper way to cohabit efficaciously with others, despite their conflicting views. I will argue as follows: first, (...) I start by focusing on so-called ‘non-reasonable’ people. I claim that non-reasonable people may actively take their place within liberal citizenship. Second, I try to understand why the ‘non-reasonable’ should be willing to obey laws in a permanent way. Laws and institutions need the ‘stability of obedience’: they must guard themselves against the unpredictability of citizens’ conduct in order to maintain a secure civic society. This is a central point: one does not merely have to hope that ‘non-reasonable’ people show a factual openness and become part of a liberal society, but one must deal also with their reasons to be part of it. The aim is to argue for reasons for them to be actively part of a society that is not ideal for those who do not endorse its moral fundamentals. I propound that non-reasonable people may comply with liberal institutions via a modus vivendi supported both by reasons and practices, the intersection of which serves as a guarantee of stability. Finally, I will draw some conclusions. (shrink)

One of political liberalism’s central commitments is to a principle of public reason. Political liberals frequently justify this principle by appeal to considerations of respect. In this article, I argue that political liberalism cannot be grounded in a moral principle of respect for persons. Instead, I argue that a particular interpretation of the principle of public reason can be justified as a key component of a political conception of mutual civic respect.

In this article by way of reply, the author responds to the challenging comments on The Democratic Horizon provided by Michelman, Benhabib, White, Scheuerman and Laden. In response to Michelman, some reflections are propounded (1) on the function of judicial review, in order to alleviate the tension between two understandings of the mandate of the highest interpreter of the constitution as aimed at remedying either an occlusion of democratic authorship or a shortfall of agreement, and (2) on the need to (...) rethink how the authority of the supreme interpreter relates to the will of the people in a deeply changed historical context. In response to Benhabib, the author discusses the new limits of the accommodation of diversity in Fairburg, a fictional polity that expands the Rawlsian standard of ‘ reasonable disagreement’, and defends the normative relevance and democratic credentials of his notion of ‘ multivariate polity’. In response to White, after recalling the importance of putting the ‘democratic ethos’ at the center of a reflection on the democratic quality of complex societies where formal procedures often mask elitist substance, the author defends the ‘political, not metaphysical’ credentials of ‘openness’ (as well as of ‘exemplarity’ as the ‘upstream source’ of openness) and accepts a complementarity of ‘openness’ and ‘presumptive generosity’. In response to Scheuerman, the author restates his focus on the democratic ethos as a supplement to, not a replacement of, the reflection on democratic procedures and defends the conceptual diversity of governance from government. In response to Laden, the author highlights the diversity of contexts to which his own and Laden’s versions of ‘democratic justification’ are responding and defends a more moderate version of ‘openness’, which still keeps constitutional essentials and political values shielded from ongoing questioning. Finally, the author interprets the debate aroused by The Democratic Horizon as indicative of the persistent vitality of the Rawlsian legacy in the 21st century. (shrink)

The Democratic Horizon offers us the project for the renewal of political liberalism through a response to hyperpluralism in the context of an emerging democratic ethos worldwide. While the book reads as a ringing endorsement of Political Liberalism, authored by John Rawls, it goes beyond that project in significant ways. In my view The Democratic Horizon represents something of a tour de force; a truly original contribution for those who recognize the imperative significance of our worldwide confrontation with the fact (...) of pluralism. (shrink)

Most theories of justice rest on the idea that emotions need to be contained or set aside and that rationality serves as the best, if not exclusive, criterion for identifying the principles of a fair distribution. In recent years, however, two important claims have been made. One is that rationality and emotions are not in conflict with one another, but should be conceived of as strictly interconnected; the other is that social justice is not just about distribution, but also – (...) or especially – about social relations. This paper aims to bridge these claims and argues that (a) the role of emotions should be recognised by theories of justice, as it is compatible with the importance such theories attribute to rationality, and (b) an inquiry into emotions is particularly important to investigate the socio-relational dimension of justice. Moreover, the paper claims that (c) in order to adequately investigate the role of emotions in social justice, it is important to acknowledge that emotions are structurally mediated and shaped by powerful transformative forces, among which technologies – especially so-called socially disruptive technologies (SDTs) – prove to be particularly relevant. The paper argues that SDTs have a fundamental role in shaping social relations, shared commitments, and the emotions that follow from them or enable them. (shrink)

Philosophy &Public Affairs, Volume 47, Issue 1, Page 72-103, Winter 2019.

In this article I look for an alternative way in which ‘unreasonable’ people may be included in a liberal society. Differing from Rawls, whose reasonable hope is for unreasonable people gradually to adhere to liberal institutions so that, over time, an overlapping consensus is reached, I propose the alternative way of them supporting these institutions as a special modus vivendi, which does not require them to renounce their non-reasonableness. First I detail the Rawlsian notion of reasonableness and unreasonableness; second, I (...) discuss how the treatment of the unreasonable is addressed by Rawls; third, taking inspiration from two accounts of how to consider the ‘unreasonable’ within a liberal society, I maintain that a subset of ‘unreasonable’ (I call them ‘non-reasonable’) may be included in public debate; fourth, I propose that their way of inclusion is a stable modus vivendi. (shrink)

This essay develops a novel account of the distinction between a publicly justified polity and modus vivendi regimes by appealing to the ideal of congruence in public reason liberalism. A fully publicly justified polity is one whose laws are supported by congruent “first-personal” and “second-personal” moral reasons to internalize laws as personally binding on those subject to them. Regimes approach modus vivendi status to the extent that their laws fail to be justified by either type of reason, or where firstpersonal (...) and second-personal reasons fail to justify internalization. (shrink)