Public justification in political liberalism is often conceptualized in light of Rawls’s view of its role in a hypothetical well-ordered society as an ideal or idealizing form of justification that applies a putatively reasonable conception of political justice to political matters. But Rawls implicates a different idea of public justification in his doctrine of general reflective equilibrium. The paper engages this second, more fundamental idea. Public justification in this second sense is actualist and fundamental (rather than (...) ideal or idealizing and conception-applying). It is actualist in that it fully enfranchises actual reasonable citizens. It is fundamental in that political liberalism qualifies conceptions of political justice as reasonable to begin with only if they can be accepted coherently by actual reasonable citizens. Together, these features invite the long-standing concern that actualist political liberalism is objectionably exclusionary. I argue that the exclusion objection, while plausible, is more problematic in its own right than it seems if actualist and fundamental public justification hypotheticalizes and discursive respect is compatible with substantive discursive inequality. This leaves proponents and critics of political liberalism with deeper questions about the nature of permissible discursive inequality in public justification. (shrink)

A strength of liberal political institutions is their ability to accommodate pluralism, both allowing divergent comprehensive doctrines as well as constructing the common ground necessary for diverse people to live together. A pressing question is how far such pluralism extends. Which comprehensive doctrines are simply beyond the pale and need not be accommodated by a political consensus? Rawls attempted to keep the boundaries of reasonable disagreement quite broad by infamously denying that political liberalism need make reference (...) to the concept of truth, a claim that has been criticized by Joseph Raz, Joshua Cohen, and David Estlund. In this paper, we argue that these criticisms fail due to the fact that political liberalism can remain non-committal on the nature of truth, leaving the concept of truth in the domain of comprehensive doctrines while still avoiding the issues raised by Raz, Cohen, and Estlund. Further substantiating this point is the fact that Rawls would, and should, include parties in the overlapping consensus whose views on truth may be incoherent. Once it is seen that political liberalism allows such incoherence to reasonable parties, it is clear that the inclusion of truth and the requirement of coherence urged by Raz, Cohen, and Estlund requires more of reasonable people than is necessary for a political consensus. (shrink)

In his last works, John Rawls explicitly argued for an overlapping consensus on a family of reasonable liberal political conceptions of justice, rather than just one. This ‘Deep Version’ of political liberalism opens up new questions about the relationship between citizens’ political conceptions, from which they must draw and offer public reasons in their political advocacy, and their comprehensive doctrines. These questions centre on whether a reasonable citizen’s choice of political conception can be influenced (...) by her comprehensive doctrine. In this paper I present two models of the relationship, which give contrasting answers to these questions, and defend the model that is more permissive with regard to the influence of comprehensive doctrines. This has important implications for our understanding of Rawlsian political liberalism, and reduces the force of objections that have been offered by theorists sympathetic to religion. (shrink)

The discussion develops further the view that public justification in Rawls’s political liberalism, in one of its roles, is actualist in fully enfranchising actual reasonable citizens and fundamental in political liberalism’s order of justification. I anchor this reading in the political role Rawls accords to general reflective equilibrium, and examine in its light the relationship between public justification, pro tanto justification, political values, full justification, the wide view of public political culture and salient (...) public reason intuitions. This leaves us with the question of how a more plausible, post-Rawlsian political liberalism should understand the commitment to discursive respect and robust discursive equality that is reflected in its view of actualist and fundamental public justification. (shrink)

According to political liberalism, laws must be justified to all citizens in order to be legitimate. Most political liberals have taken this to mean that laws must be justified by appeal to a specific class of ‘public reasons’, which all citizens can accept. In this paper I defend an alternative, convergence, model of public justification, according to which laws can be justified to different citizens by different reasons, including reasons grounded in their comprehensive doctrines. I consider three (...) objections to such an account—that it undermines sincerity in public reason, that it underestimates the importance of shared values, and that it is insufficiently deliberative—and argue that convergence justifications are resilient to these objections. They should therefore be included within a theory of political liberalism, as a legitimate form of public justification. This has important implications for the obligations that political liberalism places upon citizens in their public deliberations and reason-giving, and might make the theory more attractive to some of its critics, particularly those sympathetic to religious belief. (shrink)

John Rawls’s political liberalism and its ideal of public reason are tremendously influential in contemporary political philosophy and in constitutional law as well. Many, perhaps even most, liberals are Rawlsians of one stripe or another. This is problematic, because most liberals also support the redefinition of civil marriage to include same-sex unions, and as I show, Rawls’s political liberalism actually prohibits same- sex marriage. Recently in Perry v. Schwarzenegger, however, California’s northern federal district court reinterpreted (...) the traditional rational basis review in terms of liberal neutrality akin to Rawls’s “public reason,” and overturned Proposition 8 and established same-sex marriage. (This reinterpretation was amplified in the 9th Circuit Court’s decision upholding the district court on appeal in Perry v. Brown.) But on its own grounds Perry should have drawn the opposite conclusion. This is because all the available arguments for recognizing same-sex unions as civil marriages stem from controversial comprehensive doctrines about the good, and this violates the ideal of public reason; yet there remains a publicly reasonable argument for traditional marriage, which I sketch here. In the course of my argument I develop Rawls’s politically liberal account of the family by drawing upon work by J. David Velleman and H. L. A. Hart, and discuss the implications of this account for political theory and constitutional law. (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)

This chapter discusses the Rawlsian project of public reason, or public justification-based 'political' liberalism, and its reception. After a brief philosophical rather than philological reconstruction of the project, the chapter revolves around a distinction between idealist and realist responses to it. Focusing on political liberalism’s critical reception illuminates an overarching question: was Rawls’s revival of a contractualist approach to liberal legitimacy a fruitful move for liberalism and/or the social contract tradition? The last section contains a (...) largely negative answer to that question. Nonetheless the chapter's conclusion shows that the research programme of political liberalism provided and continues to provide illuminating insights into the limitations of liberal contractualism, especially under conditions of persistent and radical diversity. The programme is, however, less receptive to challenges to do with the relative decline of the power of modern states. (shrink)

Debates between political liberals and liberal perfectionists have been reinvigorated by Jonathan Quong’s Liberalism Without Perfection. In this paper I argue that certain forms of perfectionism can rebut or evade Quong’s three central objections – that perfectionism is manipulative, paternalistic, and illegitimate. I then argue that perfectionists can defend an ‘internal conception’ of perfectionism, parallel in structure to Quong’s ’internal conception’ of political liberalism, but with a different conception of the justificatory constituency. None of Quong’s arguments (...) show that his view should be preferred to this perfectionist internal conception. It can thus equally claim to achieve ‘justification to all reasonable citizens’. (shrink)

This paper evaluates Jonathan Quong’s attempt to defend a version of political liberalism from the asymmetry objection. I object that Quong’s defence relies on a premise that has not been adequately supported and does not look as if it can be given adequate support.

Luck egalitarians argue that distributive justice should be understood in terms of our capacity to be responsible for our choices. Both proponents and critics assume that the theory must rely on a comprehensive conception of responsibility. I respond to luck egalitarianism’s critics by developing a political conception of responsibility that remains agnostic on the metaphysics of free choice. I construct this political conception by developing a novel reading of John Rawls’ distinction between the political and the comprehensive. (...) A surprising consequence is that many responsibility-based objections to luck egalitarianism turn out to be objections to Rawls’ political liberalism as well. (shrink)

In this paper I analyze the theory of legitimacy at the core of John Rawls’ political liberalism. Rawls argues that a political system is well grounded when it is stable. This notion of stability embodies both pragmatic and moral elements, each of which constitutes a key desideratum of Rawlsian liberal legitimacy. But those desiderata are in tension with each other. My main claim is that Rawls’ strategy to overcome that tension through his theory of public justification is (...) ultimately unsuccessful, because the account of consensus it envisages is unstably placed between the extremes of moralized redundancy and pragmatic free-for-all. In other words, what counts as consensus is either regulated too tightly, or not enough. -/- . (shrink)

Interest in the nature and importance of ‘childhood goods’ recently has emerged within philosophy. Childhood goods, roughly, are things that are good for persons qua children independent of any contribution to the good of persons qua adults. According to Colin Macleod, John Rawls’s political conception of justice as fairness rests upon an adult-centered ‘agency assumption’ and thus is incapable of incorporating childhood goods into its content. Macleod concludes that because of this, justice as fairness cannot be regarded as a (...) complete conception of distributive justice. In this paper I provide a political liberal response to Macleod’s argument by advancing three claims. First, I propose that political liberalism should treat leisure time as a distinct ‘primary good.’ Second, I suggest that leisure time should be distributed via the ‘basic needs principle’ and the ‘difference principle’ for all citizens over the course of their complete lives, including their childhoods. Third, the provision of leisure time in this way supports the realization of childhood goods for citizens. (shrink)

(Please note: the main ideas of this paper are restated in revised/developed form in: "On actualist and fundamental public justification in political liberalism" and "More on actualist and fundamental public justification in political liberalism". Both papers are available from philpapers.) The paper suggests the deep view of Rawls-type public justification as promising, non-ideal theory variant of an internal conception of political liberalism. To this end, I demonstrate how the deep view integrates a range of (...) ideas, views and commitments at the core of political liberalism’s justification structure, including pro tanto justification, full justification, political values and their priority, justificatory neutrality, the role of reasonable comprehensive views, the nature public reasons, the wide view of public political culture, the role of overlapping consensus and political legitimacy, and not least, the status of reflective equilibrium and the Original Position. I then contrast the deep view with Quong’s ideal theory variant if the internal conception, and argue that we should prefer the deep view. Thus, the prospects of political liberalism depend not so much on whether we find ways to make ideal theory relevant for non-ideal purposes. Rather, it depends on whether political liberalism can devise a credible response to the problem of public dogma. (shrink)

Timothy Michael Fowler has argued that, as a consequence of their commitment to neutrality in regard to comprehensive doctrines, political liberals face a dilemma. In essence, the dilemma for political liberals is that either they have to give up their commitment to neutrality (which is an indispensible part of their view), or they have to allow harm to children. Fowler’s case for this dilemma depends on ascribing to political liberals a view which grants parents a great degree (...) of freedom in deciding on the education of their children. I show that ascribing this view to political liberals rests upon a misinterpretation of political liberalism. Since political liberals have access to reasons based upon the interests of children, they need not yield to parent’s wishes about the education of their children. A correct understanding of political liberalism thus shows that political liberals do not face the dilemma envisaged by Fowler. (shrink)

Rawls in his later philosophy claims that it is sufficient to accept political conception as true or right, depending on what one's worldview allows, on the basis of whatever reasons one can muster, given one's worldview (doctrine). What political liberalism is interested in is a practical agreement on the political conception and not in our reasons for accepting it. There are deep issues (regarding deep values, purpose of life, metaphysics etc.) which cannot be resolved through invoking (...) common reasons (this is the fact of free reason itself), and trying to resolve them would involve us in interminable debates and would hamper the practical task of agreement on the political conception. Given the absolute necessity of a political society which is stable and enduring, it is thus wise to avoid these issues in founding a political society and choosing its basic principles - this is the pragmatic part of Rawls's position. In this paper I argue that this strategy leads Rawls into a paradox: (i) although the intention is to stay independent of comprehensive doctrines, the political conception is in fact totally (and precariously) dependent on comprehensive doctrines (not just on one doctrine but on each and every major doctrine in society). It is dependent on them: for its conceptualisation as an independent idea, for its justification, for the check of its reasonability in relation to the external world, for the formation of identities and value inculcation and hence for the formation of its model citizen; (ii) the very search for independence makes the political conception more dependent on comprehensive doctrines, and by extension makes it potentially more prone to intervention in and tampering with comprehensive doctrines (it is enough to show that it is a strong conceptual possibility to cast doubt on the whole strategy). Thus, for example, the political conception relies on the hope that “firmly held convictions gradually change” and that it would “in fact . . . have the capacity to shape those doctrines toward itself”. The purpose of the Rawlsian conjecture is to give these “hopes” a concrete, practical form by giving advice to proponents of the comprehensive doctrine on how they can do all this and “try to show them that, despite what they might think, they can still endorse a reasonable political conception”. I further argue that this paradox can be overcome by making the core of political liberalism more flexible. (shrink)

Citizens are politically autonomous insofar as they are subject to laws that are (a) justified by reasons acceptable to them and (b) authorized by them via their political institutions. An obstacle to the equal realization of political autonomy is the plurality of religious, moral, and philosophical views endorsed by citizens. Decisions regarding certain fundamental political issues (e.g., abortion) can involve citizens imposing political positions justified in terms of their respective worldviews upon others. Despite citizens’ disagreements over (...) which worldview is correct, ‘political liberalism’ claims that there is a form of political autonomy that is realizable within pluralist societies. (Political liberalism differs from ‘comprehensive liberalism’ by, inter alia, being ‘freestanding’ vis-à-vis citizens’ different worldviews.) Citizens can be politically autonomous if they enjoy equal political power and justify its exercise with ‘public reasons.’ A political liberal education would aim at ensuring that all students can become politically autonomous citizens by teaching them how to exercise their democratic rights effectively and how to engage in public reasoning. Some political and educational theorists, however, argue that teaching students how to be politically autonomous amounts to teaching them how to be ‘comprehensively’ autonomous. If this is so, then the distinction between political liberalism and comprehensive liberalism collapses, at least with respect to education. This chapter outlines the main elements of political liberalism, summarizes the main requirements of a political liberal citizenship education, and surveys three arguments in support of and against the thesis that a political liberal education amounts to an education for comprehensive autonomy. (shrink)

Advocates of political liberalism hold it as a superior alternative to perfectionism on the grounds that it avoids superfluous and/or controversial claims in favor of a maximally-inclusive approach undergirded by a "free-standing" justification for the ideology. These assertions prove difficult to defend: political interpretations of liberalism tend to be implicitly ethnocentric; they often rely upon a number of controversial, and even empirically falsified, assumptions about rationality--and in many ways prove more parochial than their perfectionist cousins. It (...) is possible to reform political liberalism to address these challenges, but generally at the expense of the supposed normative force and universality of the liberal project. However, this para-liberal approach is much better in keeping with contemporary findings in sociology, psychology and cognitive science--and can much more effectively accommodate the illiberal challenge. (shrink)

Responding to an article in a previous issue from Matthew B. O’Brien on the impermissibility of same-sex marriage, this reply corrects a misinterpretation of Rawls’s understanding of political liberalism and a misdirected complaint against the jurisprudence of the U.S. federal courts on civil marriage and other matters. In correcting these interpretations, I seek to demonstrate that a publicly reasonable case for same-sex civil marriage is conceivable in line with political liberalism. I conclude the article by arguing (...) that, although the same-sex civil marriage issue is likely to be a matter of controversy for some time in western societies, a proper understanding of the theoretical issues at stake may contribute to a partial de-escalation of the ‘culture wars’ currently surrounding the issue. (shrink)

I argue that John Gray's modus vivendi-based justification for liberalism is preferable to the more orthodox deontological or teleological justificatory strategies, at least because of the way it can deal with the problem of diversity. But then I show how that is not good news for liberalism, for grounding liberal political authority in a modus vivendi undermines liberalism’s aspiration to occupy a privileged normative position vis-à-vis other kinds of regimes. So modus vivendi can save liberalism (...) from moralism, but at cost many liberals will not be prepared to pay. (shrink)

The paper discusses two ways to understand political liberalism. On the one hand, political liberalism may rely on the existence of an overlapping consensus among all reasonable comprehensive views present in our society. On the other hand, we may ground political liberalism on the moral value of equal respect for everyone. The dilemma between a factual identification of an overlapping consensus and a normative appeal to moral values arises at two levels. First, when we (...) fill the content of our political conception of justice. And second, when we require impartiality to fill that content. In the former case, we may argue for a particular conception of justice through normative argument with moral premises, or our political conception of justice might be the area where all reasona-ble comprehensive views overlap. Similarly, we require that citizens offer impartial public reasons because this is what people holding different comprehensive views do think ap-propriate, or because they should consider it so. The author argues that we should define our political conception of justice through impartial normative argument, and that we should ground the demand of impartiality on the moral value of equal respect. (shrink)

Public justification-based accounts of liberal legitimacy rely on the idea that a polity’s basic structure should, in some sense, be acceptable to its citizens. In this paper I discuss the prospects of that approach through the lens of Gerald Gaus’ critique of John Rawls’ paradigmatic account of democratic public justification. I argue that Gaus does succeed in pointing out some significant problems for Rawls’ political liberalism; yet his alternative, justificatory liberalism, is not voluntaristic enough to satisfy the (...) desiderata of a genuinely democratic theory of public justification. So I contend that—pace Gaus, but also Rawls—rather than simply amending political liberalism, the claims of justificatory liberalism bring out fatal tensions between the desiderata of any theory of liberal-democratic legitimacy through public justification. (shrink)

The aim of this essay is to clarify the meaning and extent of Kant's liberalism by contrasting some of his key ideas to those of Burke, Hobbes, Machiavelli, Nozick, Rawls, and Schmitt. My claim is that Kant's political philosophy navigates the path between the extremes of liberalism and conservatism, just as his theoretical philosophy tries to navigate between dogmatism and skepticism, and that current liberal claim on Kant has important limitations in Kant's letter, as well as in (...) spirit. (shrink)

The success of political liberalism depends on there being an overlapping consensus among reasonable citizens—including religious citizens—upon principles of political morality. This paper explores the resources within one major religion—Christianity—that might lead individuals to endorse (or reject) political liberalism, and thus to join (or not join) the overlapping consensus. I show that there are several strands within Christian political ethics that are consonant with political liberalism and might form the basis for Christian (...) citizens’ membership of the overlapping consensus. Nonetheless, tensions remain, and it is not clear that Christians could wholeheartedly endorse the political conception or give unreserved commitment to political liberal ideals. (shrink)

At the core of political liberalism is the claim that political institutions must be publicly justified or justifiable to be legitimate. What explains the significance of public justification? The main argument that defenders of political liberalism present is an argument from disagreement: the irreducible pluralism that is characteristic of democratic societies requires a mode of justification that lies in between a narrowly political solution based on actual acceptance and a traditional moral solution based on (...) justification from the third-person perspective. But why should we take disagreements seriously? This – epistemic question – has not received the attention it deserves so far. I argue that the significance of public justification can be explained through the possibility of reasonable disagreement. In a reasonable disagreement, the parties hold mutually incompatible beliefs, but each is justified to hold the belief they do. I shall use the notion of a reasonable disagreement to explain the possibility of an irreducible pluralism of moral and religious doctrines and, on that basis, why the justification of political institutions has to be public. (shrink)

Andrew Lister’s Public Reason and Political Community is an important new contribution to the debate over political liberalism. In this article, I critically evaluate some of the central arguments of the book in order to assess the current state of public reason liberalism. I pursue two main objections to Lister’s work. First, Lister’s justification for public reason, which appeals to the value of civic friendship, fails to show why public reason liberalism should be preferred to (...) an alternative democratic theory that does not include public reason restrictions. Second, there are several important ambiguities and tensions within Lister’s view that he does not adequately resolve. His approach to them often takes public reason liberalism in directions that many of its advocates will reject. More work thus remains to be done by public reason liberals both to show why public reason restrictions are necessary and to resolve these tensions in a more satisfactory way. (shrink)

Just as different sciences deal with different facts—say, physics versus biology—so we may ask a similar question about normative theories. Is normative political theory concerned with the same normative facts as moral theory or different ones? By developing an analogy with the sciences, we argue that the normative facts of political theory belong to a higher— more coarse-grained—level than those of moral theory. The latter are multiply realizable by the former: competing facts at the moral level can underpin (...) the same facts at the political one. Consequently, some questions that moral theories answer are indeterminate at the political level. This proposal offers a novel interpretation of John Rawls’s idea that, in public reasoning, we should abstract away from comprehensive moral doctrines. We contrast our distinction between facts at different levels with the distinction between admissible and inadmissible evidence and discuss some implications for the practice of political theory. (shrink)

Political liberals argue that the classical conception of autonomy must be discarded because it is sectarian and metaphysical. This article rejects that a commitment to autonomy necessarily leads to sectarianism and questions the notion that respect for persons is separable from the commitment to autonomy. It defends a Kantian approach to autonomy, as belonging to the standpoint of practical reason, and argues that in this approach autonomy is a norm regulating how we should treat each other as opposed to (...) a good to be promoted. This approach also avoids the metaphysical idea of autonomy as self-origination of binding principles. (shrink)

Rawlsian political liberalism famously requires a prohibition on truth. This has led to the charge that liberalism embraces non-cognitivism, according to which political claims have the moral status of emotions or expressions of preference. This result would render liberalism a non-starter for liberatory politics, a conclusion that political liberals themselves disavow. This conflict between what liberalism claims and what liberalism does has led critics to charge that the theory is disingenuous and functions (...) as political ideology. In this paper, I explore one way that this charge unfolds: critics charge that liberalism utilizes an individualistic and identity-insensitive social ontology, which in turn yields epistemic deficiencies that render it incapable of detecting oppression. The theory’s claim to freestandingness then shields it from necessary critique. I argue that this objection relies on constructing a conflict between liberalism’s professed non-cognitivism and its actual cognitivist commitments. By demonstrating that Rawlsian political liberalism explicitly endorses substantive moral truths, and that the method of avoidance applies only to public justification for coercive state action, I show that the theory is openly and foundationally cognitivist, and thus that the charge of disingenuousness does not stick. (shrink)

Many people greet evidence of biologically based race and sex differences with extreme skepticism, even hostility. We argue that some of the vehemence with which many intellectuals in the West resist claims about group differences is rooted in the tacit assumption that accepting evidence for group differences in socially valued traits would undermine our reasons to treat people with respect. We call this the egalitarian fallacy. We first explain the fallacy and then give evidence that self-described liberals in the United (...) States are especially likely to commit it when they reason about topics like race and sex. We then argue that people should not be as worried as they often are about research that finds psychological differences between men and women, or between people of different racial or ethnic groups. We conclude that if moral equality is believed to rest on biological identity, ethnically diverse societies are in trouble. (shrink)

The name ‘pluralism’ frequently rears its head in political philosophy, but theorists often have different things in mind when using the term. Whereas ‘reasonable pluralism’ refers to the fact of moral diversity among citizens of a liberal democracy, ‘value pluralism’ is a metaethical view about the structure of moral practical reasoning. In this paper, I argue that value pluralism is part of the best explanation for reasonable pluralism. However, I also argue that embracing this explanation is compatible with (...) class='Hi'>political liberalism’s commitment to avoiding controversial premises. According value pluralism an explanatory role does not entail according it a justificatory one. What’s more, explaining reasonable disagreement in terms of reasonable disagreement about value weights opens up space for direct appeal to substantive values within political liberalism. In particular, promoting a substantive political value when doing so does not conflict with other values is unproblematic. (shrink)

According to Philip Pettit, we should understand republican liberty, freedom as ‘non-domination,’ as a ‘supreme political value.’ It is its commitment to freedom as non-domination, Pettit claims, that distinguishes republicanism from various forms of liberal egalitarianism, including the political liberalism of John Rawls. I explain that Rawlsian political liberalism is committed to a form of non-domination, namely, a ‘political’ conception, which is: (a) limited in its scope to the ‘basic structure of society,’ and (b) (...) ‘freestanding’ in nature (that is, compatible with the ‘fact of reasonable pluralism’). I show that the political conception of non-domination is an integral part of political liberalism through an exploration of the kind of citizenship education that political liberalism mandates for all students. Such an education would impart to future citizen the skills and knowledge necessary for them to realize republican freedom vis-à-vis their political institutions, their workplaces, and, by means of an enforceable ‘right of exit,’ the various associations to which they might belong. (shrink)

The paper advances a non-orthodox reading of political liberalism’s view of political legitimacy, the view of public political justification that comes with it, and the idea of the reasonable at the heart of these views. Political liberalism entails that full discursive standing should be accorded only to people who are reasonable in a substantive sense. As the paper argues, this renders political liberalism dogmatic and exclusivist at the level of arguments for or (...) against normative theories of justice. Against that background, the paper considers aspects of a more plausible, deeper and more inclusive idea of public political justification that builds on a thinner, potentially cosmopolitan idea of the reasonable. The paper considers what content such an idea may have, and identifies a method of inclusive abstraction through which it may be enriched in content to render it fruitful for the purposes of a justification of principles of political justice. But the move toward more depth and inclusiveness faces constructivism with two challenges. First, inclusivism about the scope of political justification might not be able to avoid dogmatism unless it invokes perfectionist considerations. And second, the authority and appeal of a fruitfully rich idea of the reasonable depends on whether the addressees of political justification already value wide acceptability. (shrink)

The ‘convergence conception’ of political liberalism has become increasingly popular in recent years. Steven Wall has shown that convergence liberals face a serious dilemma in responding to disagreement about whether laws are publicly justified. What I call the ‘conjunctive approach’ to such disagreement threatens anarchism, while the ‘non-conjunctive’ approach appears to render convergence liberalism internally inconsistent. This paper defends the non-conjunctive approach, which holds that the correct view of public justification should be followed even if some citizens (...) do not consider enacted laws to be publicly justified. My argument sheds light on the fundamental structure of convergence liberalism. (shrink)

In this paper, I propose to look closely at certain crucial aspects of the logic of Rawls' argument in Political Liberalism and related subsequent writings. Rawls' argument builds on the notion of comprehensiveness, whereby a doctrine encompasses the full spectrum of the life of its adherents. In order to show the mutual conflict and irreconcilability of comprehensive doctrines, Rawls needs to emphasise the comprehensiveness of doctrines, as their irreconcilability to a large extent emanates from that comprehensiveness. On the (...) other hand, in order to show the possibility and plausibility of the political liberal solution he needs to emphasise that most of these doctrines are reasonable: i.e., they are willing to cede a portion of their authority to political liberalism for the right reasons. Yet, if they are willing to cede a portion of their authority to a political conception they cannot be as comprehensive as we initially thought they were. All these elements highlight the tension in the argument itself. I suggest that many of these tensions can be removed by making Rawls' account more flexible. In this context I propose certain amendments to Rawls' account, which may overcome some of the tensions mentioned above. (shrink)

In Liberalism without Perfection Jonathan Quong defends a form of political liberalism; that is, a political philosophy that answers ‘no’ to both the following questions: 1. Must liberal political philosophy be based in some particular ideal of what constitutes a valuable or worthwhile human life, or other metaphysical beliefs? 2. Is it permissible for a liberal state to promote or discourage some activities, ideals, or ways of life on grounds relating to their inherent or intrinsic (...) value, or on the basis of other metaphysical claims? In these remarks, I respond to Quong’s arguments against those of his rivals who answer ‘Yes’ to his first question by dint of their comprehensive commitment to an ideal of individual autonomy. One of these, which Quong calls ‘comprehensive antiperfectionism’, answers ‘Yes’ to Question 1 and ‘No’ to Question 2. The other, which answers ‘Yes’ to both, he calls (comprehensive) ‘liberal perfectionism’. Quong poses these positions a dilemma: they cannot consistently be both comprehensive (by retaining their commitment to autonomy) and liberal (by ruling out the sort of coercive interference in people’s choices which is beyond the liberal pale). I argue on the contrary that a comprehensive commitment to autonomy actually demands a general injunction against such coercive interference, because responsibility is an important component of the autonomous life, and coercion always undermines responsibility. So, Quong’s dilemma is unsuccessful. (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)

With the publication of A Theory of Justice in 1971, John Rawls not only rejuvenated contemporary political philosophy but also defended a Kantian form of Enlightenment liberalism called “justice as fairness.” Enlightenment liberalism stresses the development and exercise of our capacity for autonomy, while Reformation liberalism emphasizes diversity and the toleration that encourages it. These two strands of liberalism are often mutually supporting, but they conflict in a surprising number of cases, whether over the accommodation (...) of group difference, the design of civic education, or the promotion of liberal values internationally. During the 1980’s, however, Rawls began to jettison key Kantian characteristics of his theory, a process culminating in the 1993 release of Political Liberalism and completing the transformation of justice as fairness into a Reformation liberalism. -/- Reconstructing Rawls argues that this transformation was a tragic mistake because it jeopardized the most important features of his theory, viz. the lexical priorities of right, liberty, and fair equality of opportunity as well as the difference principle. Controversially, this book contends that Rawls’s so-called “political turn,” motivated by a newfound interest in diversity and the accommodation of difference, has been unhealthy for autonomy-based liberalism and has pushed liberalism more broadly towards cultural relativism, be it in the guise of liberal multiculturalism or critiques of cosmopolitan distributive-justice theories. The book then demonstrates that the central elements of justice as fairness can only be defended within the context of a Kantian Enlightenment liberalism and that Rawls’s hope for a more pluralistic grounding for his theory, endorsed by a wide variety of belief systems present in modern democratic societies, is illusory. -/- Reconstructing Rawls is the first book to systematically compare Rawls’s and Kant’s theories and the first to offer an internal critique and reconstruction of justice as fairness, reconceiving it as a comprehensive, universalistic Kantian liberalism. By doing so, it gives us both the vision of a liberal world order—“a republicanism of all states, together and separately,” as Kant put it—and a mode of justification addressed to all men and women, not as members of particular nations, races, and faiths, but as human beings, as citizens of the world. In short, it reclaims Rawls for the Enlightenment. (shrink)

The concept of dignity plays a foundational role in the more recent versions of Martha Nussbaum’s capabilities theory. However, despite its centrality to her theory, Nussbaum’s conception of dignity remains under-theorised. In this paper we critically examine the role that dignity plays in Nussbaum’s theory by, first, developing an account of the concept of dignity and introducing a distinction between two types of dignity, status dignity and achievement dignity. Next, drawing on this account, we analyse Nussbaum’s conception of dignity and (...) contrast it with Kant’s conception of dignity. On the basis of this comparison between Nussbaum and Kant, we highlight tensions between Nussbaum’s Aristotelianism, which is central to her conception of dignity, and her commitment to political liberalism. This leads us to conclude that Nussbaum’s claim that her conception of dignity is only a partial political conception is implausible and that her conception of dignity seems to commit her to a satisficing form of perfectionist liberalism. (shrink)

The article offers a reconstruction of John Rawls views on political legitimacy, from A Theory of Justice to his late writings on political liberalism. It argues that Rawls had three conceptions of legitimacy, not two as one might expect based on the distinction between his two major works. Its argument is that the most radical change in Rawls’ thinking about legitimacy occurs in ‘Introduction to the Paperback Edition’ and ‘The Idea of Public Reason Revisited’. Here Rawls assumes (...) that there can be a reasonable pluralism not only of comprehensive doctrines, but also of political liberal conceptions of justice. As a consequence, the standard of political legitimacy is no longer specified as sufficient justice relative to justice as fairness, but instead as sufficient justice relative to a family of political conceptions of justice – a family which in turn is animated by an ideal of public reasoning about constitutional matters and matters of basic justice. The article also shows how Rawls’ late ideal of public reason is grounded in the need for legitimate constitutional government. (shrink)

It is Chantal Mouffe’s contention that the central weakness of consensus-driven forms of liberalism, such as John Rawls’ political liberalism and Jurgen Habermas’ deliberative democracy, is that they refuse to acknowledge conflict and pluralism, especially at the level of the ontological. Their defence for doing so is that conflict and pluralism are the result of attempts to incorporate unreasonable and irrational claims into the public political sphere. In this context, unreasonable and irrational claims are those that (...) cannot be translated into universalizable terms. However, for Mouffe, it is this intentional exclusionary act itself that is detrimental to a well- functioning democratic polity. It is only through the inclusion of a diverse body of subject positions that a democratic polity can be said to be truly representative of the polity, and therefore constitute a functioning and inclusive democracy. -/- This paper will examine Mouffe’s account of agonistic pluralism. In doing so, it will demonstrate that instead of being a source of instability within the democratic discourse and therefore relegated into the private non-political sphere, passions and values that are constitutive of these subject positions ought to be incorporated into the public political sphere. Mouffe’s rationale for doing so is that it is precisely through their incorporation that citizens will retain their allegiance to the democratic polity. However, as part of this examination, this paper will also draw attention to an under-developed aspect of Mouffe’s account of agonistic democracy, specifically problems regarding both participation and exclusion. Whilst Mouffe does provide a robust counterpoint to both Rawls’ political liberalism and Habermas’ deliberative democracy, it is my contention that she fails to explain adequately what it is that persuades participants to act democratically and adhere to the requirements of agonal respect, nor what should happen when the ethico- political principles of liberty and equality are not accepted. (shrink)

I argue that political liberals should not support the monopoly of a single educational approach in state sponsored schools. Instead, they should allow reasonable citizens latitude to choose the worldview in which their own children are educated. I begin by defending a particular conception of political liberalism, and its associated requirement of public reason, against the received interpretation. I argue that the values of respect and civic friendship that motivate the public reason requirement do not support the (...) common demand that citizens “bracket” their comprehensive commitments in politics. Rather, citizens should seek to enact policies the justification of which is compatible with the truth of their fellow reasonable citizens’ worldviews. Next I argue that no single educational approach can meet this standard of justification. Many believe that state sponsored education in a pluralist, liberal society ought to present multiple worldviews in a neutral way. I argue that this aspiration is unrealizable, and no other educational model will plausibly meet the justificatory demand. Finally, I address two objections to my favored alternative: that it may allow for the inculcation of disrespect, and that it violates children’s autonomy. Against the first, I claim that political liberals have no grounds for thinking that reasonable citizens will seek to inculcate disrespect. Finally, I argue that there is no conception of autonomy that can sustain the second. (shrink)

The dissertation defends that the often-assumed link between constructivism and universalism builds on non-constructivist, perfectionist grounds. To this end, I argue that an exemplary form of universalist constructivism – i.e., O’Neill’s Kantian constructivism – can defend its universalist commitments against an influential particularist form of constructivism – i.e., political liberalism as advanced by Rawls, Macedo, and Larmore – only if it invokes a perfectionist view of the good. (En route, I show why political liberalism is a (...) form of particularism and reconstruct the role of its conception of public justification, its implied contextualism about justified belief, its conceptions of toleration, neutrality, good reasons, and legitimacy, and, not least, its justification-constitutive conception of reasonableness.) Contrary to what is often assumed, then, at the level of a vindication of the very project of a universalist constructivism, universalist constructivists should construe perfectionists not as their opponents, but as partial, though uneasy, allies. (shrink)

Realists in normative political theory aim to defend the importance of “distinctively political thought” as opposed to the applied ethics they believe characterizes much contemporary political theory and causes it to misunderstand and make mistakes about its subject matter. More conventional political theorists have attempted to respond to realism, including Jonathan Leader Maynard and Alex Worsnip, who have recently criticized five supposedly realist arguments for a distinctive political normativity. However, while Leader Maynard and Worsnip's arguments (...) are themselves less decisive than they suppose, the problem with their response may lay elsewhere. Their response supposes that more conventional political theory could, in principle, be defended at an abstract general level. This may not be possible though, given the difficulty of arriving at agreed interpretations of the concepts involved and the desiderata for a successful normative political theory. It also risks missing the point of realism, which is to use different forms of normative inquiry to explore questions which have not always been central to conventional normative political theory. Judith Shklar's excellent work on vices and the liberalism of fear nicely illustrates this problem. (shrink)

When Adam Smith published his celebrated writings on economics and moral philosophy he famously referred to the operation of an invisible hand. Adam Smith's Political Philosophy makes visible the invisible hand by examining its significance in Smith's political philosophy and relating it to similar concepts used by other philosophers, revealing a distinctive approach to social theory that stresses the significance of the unintended consequences of human action. This book introduces greater conceptual clarity to the discussion of the invisible (...) hand and the related concept of unintended order in the work of Smith and in political theory more generally. By examining the application of spontaneous order ideas in the work of Smith, Hume, Hayek and Popper, Adam Smith's Political Philosophy traces similarities in approach and from these builds a conceptual, composite model of an invisible hand argument. While setting out a clear model of the idea of spontaneous order the book also builds the case for using the idea of spontaneous order as an explanatory social theory, with chapters on its application in the fields of science, moral philosophy, law and government. (shrink)