Public reason liberals expect individuals to have justificatory reasons for their views of certain political issues. This paper considers how groups can, and whether they should, give collective public reasons for their political decisions. A problem is that aggregating individuals’ consistent judgments on reasons and a decision can produce inconsistent collective judgments. The group will then fail to give a reason for its decision. The paper considers various solutions to this problem and defends a deliberative (...) procedure by showing how it incentivizes information sharing and leads to outcomes most acceptable to the group members. (shrink)

In this paper, I examine global public reason as a method of justifying a global state. Ultimately, I conclude that global public reason fails to justify a global state. This is the case, because global public reason faces an unwinnable dilemma. The global public reason theorist must endorse either a hypothetical theory of consent or an actual theory of consent; if she endorses a theory of hypothetical consent, then she fails to justify her principles; and if (...) she endorses a theory of actual consent, her theory will lead to a highly unstable political system. On either side of the dilemma, global public reason faces untenable implications. Although similar criticisms have been advanced against domestic public reason, my argument is not repeating points made before me. My argument is new, in that it raises these objections specifically against global public reason, and in that it shows how, due to increased diversity of belief in the global arena, these problems are more pressing for global public reason than they are for domestic public reason. (shrink)

Proponents of public reason views hold that the exercise of political power ought to be acceptable to all reasonable citizens. This article elucidates the common structure shared by all public reason views, first by identifying a set of questions that all such views must answer and, second, by showing that the answers to these questions stand in a particular relationship to each other. In particular, we show that what we call the ‘rationale question’ is fundamental. This fact, and (...) the common structure more generally, are often overlooked or distorted within the literature. As a result, we argue, several prominent argumentative moves made by both critics and defenders of public reason are unsuccessful. Our overall conclusion is that discussions of public reason views would be more fruitful if they made consistent use of the common structure we identify. (shrink)

Public reason views hold that the exercise of political power must be acceptable to all reasonable citizens. A growing number of philosophers argue that this reasonable acceptability principle (RAP) can be justified by appealing to the value of civic friendship. They claim that a valuable form of political community can only be achieved among the citizens of pluralistic societies if they refrain from appealing to controversial ideals and values when justifying the exercise of political power to one another. This (...) paper argues against such accounts. In order to justify RAP, one must explain and defend a conception of reasonableness. Civic friendship is unfit to perform this task, rendering it unable to ground public reason alone. Meanwhile, pluralist views that combine civic friendship with other considerations in order to specify RAP either fail or make civic friendship a spare wheel in the argument for public reason. (shrink)

*Honorable Mention for the 2024 American Association of Philosophy Teachers (AAPT) Lenssen Prize*: In recent years, ‘philosophy as a way of life’ [PWOL] courses have emerged as an exciting new pedagogical approach. I explain what a PWOL-course is. Next, I argue that the standard method for teaching such courses—what I call the ‘Smorgasbord Model’—presents us with a basic problem: viz., the challenge of how to enable students in the context of the modern university to truly experience what a PWOL even (...) is. I propose a solution to this problem by exploring a PWOL that most teachers and students alike already find themselves immersed in, what I describe as political liberalism applied to the university classroom context. I show how this overlooked fact not only offers us a novel resource for teaching PWOL-courses. It also helps philosophy teachers—in a meta-pedagogical sense—to become more self-reflective about and appreciative of our fundamental ethical commitments when teaching philosophy. (shrink)

Public reason as a political ideal aims to reconcile reasonable disagreement; however, is public reason itself the object of reasonable disagreement? Jonathan Quong, David Estlund, Andrew Lister, and some other philosophers maintain that public reason is beyond reasonable disagreement. I argue this view is untenable. In addition, I consider briefly whether or not two main versions of the public reason principle, namely, the consensus version and the convergence version, need to satisfy their own requirements. My discussion (...) has several important implications for the debate on public reason. (shrink)

In Liberalism without Perfection, Jonathan Quong develops what is perhaps the most comprehensive defense of the consensus model of public reason – a model which incorporates both a public-reasons-only requirement and an accessibility requirement framed in terms of shared evaluative standards. While the consensus model arguably predominates amongst public reason liberals, it is criticized by convergence theorists who reject both the public-reasons-only requirement and the accessibility requirement. In this paper, I argue that while we (...) have good reason to reject Quong’s call for a public-reasons-only requirement, all public reason liberals should endorse at least some shared evaluative standards and, hence, an accessibility requirement. (shrink)

In ‘Public Reason and Prenatal Moral Status’ (2015), Jeremy Williams argues that the ideal of Rawlsian public reason commits its devotees to the radically permissive view that abortion ought to be available with little or no qualification throughout pregnancy. This is because the only (allegedly) political value that favours protection of the foetus for its own sake—the value of ‘respect for human life’—turns out not to be a political value at all, and so its invocation in support of (...) considerations bearing upon the permissibility of abortion is beyond public reason’s remit. Thus, it will scarcely if ever be legitimate to restrict women’s equality and bodily autonomy for the sake of the foetus, even at full term. In this paper, I argue that Williams fails to establish that Rawlsian reasonable citizens must endorse the radically permissive stance vis-à-vis abortion. Citizens can, I claim, reasonably accord the value of respect for human life weight, and indeed converge on the claim that it outweighs other salient political values, during later stages of gestation. Nevertheless, Williams’s argument gets something right in that it reveals why the value of respect for human life is inadmissible at the bar of public reason in early stages of pregnancy. But then, far from throwing Rawlsian public reason into disrepute, Williams’s argument actually (albeit inadvertently) provides arguably more compelling grounds than any hitherto rallied for endorsing Rawls’s much maligned claim that opposition to the duly qualified right to abortion in the first trimester of pregnancy is ‘unreasonable’. (shrink)

Much of contemporary political philosophy revolves around debates over perfectionism, which is the view that the state may, or should, promote valuable conceptions of the good life and discourage conceptions that are worthless or bad. Collis Tahzib has recently proposed a unique theory of perfectionism. I examine two central aspects of his theory: the amalgamation of public reason and perfectionism, and the employment of the Rawlsian lexical priority. I argue that Tahzib’s idea of perfectionist public reason has certain (...) serious problems. Additionally, Tahzib, like many other perfectionists, has neglected that many excellences are at once personal and civic. I sketch a perfectionist account of civic virtue, with the hope of opening up space for defending and justifying perfectionism. (shrink)

In Public Reason Confucianism, Sungmoon Kim presents an important Confucian political theory that seeks to combine a specific conception of Confucianism and the ideal of public reason. My article examines this theory and identifies some of the theoretical complications with Rawlsian public reason.

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)

Some theorists—including Elizabeth Anderson, Gerald Gaus, and Amartya Sen—endorse versions of 'public reason' as the appropriate way to justify political decisions while rejecting 'ideal theory'. This chapter proposes that these ideas are not easily separated. The idea of public reason expresses a form of mutual 'civic' respect for citizens. Public reason justifications for political proposals are addressed to citizens who would find acceptable those justifications, and consequently would comply freely with those proposals should they become law. Hence (...) public reasoning involves 'local ideal theorizing': the justification of political proposals includes their consideration and evaluation under conditions of compliance with them by the citizens to whom those justifications are addressed. Local ideal theorizing, moreover, can lead to 'full ideal theorizing', wherein citizens outline and evaluate an amended version of their society’s 'basic structure'. This argument is illustrated by some recent empirical work on inequality within the United States. (shrink)

Theorists of public reason such as John Rawls often idealize constitutional courts as exemplars of public reason. This paper raises questions about the seduction and limits of analogies between theorists’ account of public reason and actual constitutional jurisprudence. Examining the work product of the United States Supreme Court, the paper argues that while it does engage in reason-giving to support its decisions—as the public reason strategy suggests— those reasons are (largely) legalistic and specifically juristic (...) class='Hi'>reasons—not the theorists’ idealized moral-political reasons on matters of fundamental principle. But if constitutional courts do not engage on matters of fundamental principle, then a public reason strategy for assuaging democratic worries about judicial review would no longer be open: prominent liberal and deliberative democratic theorists could no longer point to the alleged superiority of constitutional courts to speak in the name of, and for, the people’s shared political principles. The paper extends beyond the U.S. case study by pointing to three institutional factors explaining the disanalogy between what some constitutional courts do and what public reason theories require them to do. It concludes with considerations about whether the public reason strategy might be more successfully applied to international courts. (shrink)

I will argue that the natural law theory of morality, when extended into a political theory of justice, results in a picture of political justice much like that of public reason liberalism. However, natural law political theory, I argue, need not entail a natural law theory of morality. While facts about what societies ought to do supervene upon facts about what is good for human beings, there are distinct goods involved and distinct reasons for action. Rather, considerations taken (...) from the common good as guiding public policy results in a two-layer approach to public reasonability, resembling features of both consensus and convergence accounts of public reason. Consequently, the differences between natural law and classical public reason liberalism are significant but are not as significant as might have otherwise appeared. In fact, natural law political theory might be a more consistent development of the idea of a public reason than those of classical liberalism. (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)

This article discusses the growth of the populist radical right as a concrete example of the scenario where liberal democratic ideas are losing support in broadly liberal democratic societies. Our goal is to enrich John Rawls’ influential theory of political liberalism. We argue that even in that underexplored scenario, Rawlsian political liberalism can offer an appealing account of how to promote the legitimacy and stability of liberal democratic institutions provided it places partisanship centre stage. Specifically, we propose a brand-new moral (...) duty binding ‘reasonable’ partisans committed to pluralism. This duty establishes conditions where partisans must strategically transform society’s public reason (i.e. transform the visions for society their parties campaign on) in ways that promise to attract back support from illiberal and antidemocratic competitors. While this strategic behaviour might seem impermissible, we show that Rawls’ distinctive account of sincerity in democratic deliberation is uniquely placed to justify it as perfectly ethical. (shrink)

This chapter sets forth an interpretation of public reason that appeals to our central capabilities as human beings. I argue that appealing to central human capabilities and to the related idea of respect for threshold capabilities is the best way to understand public reason. My defense of this position advances stepwise: first, I consider a central alternative to a capability account, which regards public reason as a matter of contracting; next, I describe central concerns with contract views (...) and show how a capability view can avoid them; lastly, I consider extending public reason beyond national borders and test the two views in this context. (shrink)

In this paper, we argue that solutions to normative challenges associated with autonomous driving, such as real-world trolley cases or distributions of risk in mundane driving situations, face the problem of reasonable pluralism: Reasonable pluralism refers to the fact that there exists a plurality of reasonable yet incompatible comprehensive moral doctrines within liberal democracies. The corresponding problem is that a politically acceptable solution cannot refer to only one of these comprehensive doctrines. Yet a politically adequate solution to the normative challenges (...) of autonomous driving need not come at the expense of an ethical solution, if it is based on moral beliefs that are (1) shared in an overlapping consensus and (2) systematized through public reason. Therefore, we argue that a Rawlsian justificatory framework is able to adequately address the normative challenges of autonomous driving and elaborate on how such a framework might be employed for this purpose. (shrink)

This essay responds to the thoughtful essays on the Order of Public Reason (OPR) by Elvio Baccarini, Giulia Bistagnino and Nenad Miscevic. All three essays interrogate OPR’s understanding of moral theory - “meta” matters about the nature of morality, reasons and modeling within moral theories. I first turn to the general understanding of the moral enterprise underlying OPR, explaining why it takes a view at odds with the contemporary mainstream in moral philosophy. I then explain the idea of (...) moral truth in OPR: when it comes to social morality, moral truth is necessarily a function of what can be endorsed by some collectivity. Th is leads to a fundamental worry about theories of public reason: why is the endorsement of the public so important? And if some sort of public endorsement is really so terribly important, how can a theory of public reason withstand the fact that it advances its own controversial claims that cannot be publicly endorsed? After considering when public endorsement is necessary, and when public reason theories can make controversial claims, I close by considering in what way OPR does, and in what way it does not, employ a thought experiment, and the complexities of that. (shrink)

In this article, I shall contend that Rawlsian public reason liberalism (PRL) is in tension with non-anthropocentric environmentalism. I will argue that many reasonable citizens reject non-anthropocentric values, and PRL cannot allow them to be used as the justification for ecological policies. I will analyse attempts to argue that PRL can incorporate non-anthropocentric ideas. I shall consider the view, deployed by theorists such as Derek Bell and Mark A. Michael, that PRL can make a distinction between constitutional essentials and (...) non-essentials, and therefore ecocentric values can be employed when only non-essentials are at stake. I will also consider Simon Hailwood’s argument that PRL can incorporate concern for nature based on its ‘otherness’. I shall conclude that both positions fail to rebut the claim that PRL excludes non-anthropocentric viewpoints. I will consider the question of whether PRL’s exclusion of non-anthropocentric ethics is a problem, and I shall show that appealing to purely anthropocentric arguments leads to a variety of unpalatable conclusions. I will suggest that comprehensive liberalism can include non-anthropocentric concerns, and hence is superior from an environmental perspective. (shrink)

Political theorists have offered many accounts of collective decision-making under pluralism. I discuss a key dimension on which such accounts differ: the importance assigned not only to the choices made but also to the reasons underlying those choices. On that dimension, different accounts lie in between two extremes. The ‘minimal liberal account’ holds that collective decisions should be made only on practical actions or policies and that underlying reasons should be kept private. The ‘comprehensive deliberative account’ stresses the (...) importance of giving reasons for collective decisions, where such reasons should also be collectively decided. I compare these two accounts on the basis of a formal model developed in the growing literature on the ‘discursive dilemma’ and ‘judgment aggregation’ and address several questions: What is the trade-off between the (minimal liberal) demand for reaching agreement on outcomes and the (comprehensive deliberative) demand for reason-giving? How large should the ‘sphere of public reason’ be? When do the decision procedures suggested by the two accounts agree and when not? How good are these procedures at truthtracking on factual matters? What strategic incentives do they generate for decision-makers? My discussion identifies what is at stake in the choice between minimal liberal and comprehensive deliberative accounts of collective decisionmaking, and sheds light not only on these two ideal-typical accounts themselves, but also on many characteristics that intermediate accounts share with them. (shrink)

In public reason liberalism, equal respect requires that conceptions of justice be publicly justifiable to relevant people in a manner that allocates to each an equal say. But all liberal public justification also excludes: e.g., it accords no say, or a lesser say, to people it deems unreasonable. Can liberal public justification be aligned with the equal respect that allegedly grounds it, if the latter calls for discursive equality? The chapter explores this challenge with a focus on (...) Rawls-type political liberalism. I suggest that political liberalism’s commitment to equal respect can cohere with the standing of the unreasonable in public justification if that standing is not impermissibly unequal in discursive purchase. I then consider one candidate view of the permissibility of purchase inequality. On this broadly sufficientarian view, purchase inequality is permissible provided relevant people have standing of enough purchase to be able to avoid relevant bads. A plausible variant of this view suggests that political liberalism’s commitment to equal respect does not cohere with the discursive standing of the unreasonable. It emerges that where liberal public justification accords actual people discursive respect but relevantly idealizes at least around its fringes, the permissibility of purchase inequality must be a central concern. (shrink)

In this article I examine the main conceptions of public reason in contemporary political philosophy in order to set the frame for appreciating the novelty of the pragmatist understanding of public reason as based upon the notion of consequences and upon a theory of rationality as inquiry. The approach is inspired by Dewey but is free from any concern with history of philosophy. The aim is to propose a different understanding of the nature of public reason aimed (...) at overcoming the limitations of the existing approaches. Public reason is presented as the proper basis for discussing contested issues in the broad frame of deep democracy. (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)

The scope of public reason determines which political decisions should be taken according to its standards. In this paper, I defend a broad-scope view of public reason, according to which every single political decision should be justified by public reasons. In the first part, I argue that, despite the unclarity of Rawls’ position, it is compatible with the wide-scope view. In the three following parts, I refute the main arguments in favour of the narrow-scope view of (...) public reason. Finally, I offer an argument for the wide-scope view and conclude that it is preferable from the point of view of political liberalism. (shrink)

In this Essay, I examine some apparent difficulties with what I call the "actualization criterion" connected to Rawls's notion of public reason, that is, the criterion for determining when Rawlsian public reason is concretely actualized by citizens in their deliberating and deciding about constitutional essentials and matters of basic justice. While these apparent difficulties have led some commentators to reject Rawlsian public reason altogether, I offer an interpretation that might allow Rawlsian public reason to escape the (...) difficulties. My reading involves the claim that Rawlsian public reason is to be understood essentially as an imperative or an ideal, and as not necessarily grounded in any stock of existing beliefs or opinions. I make this claim on the basis of the seemingly counterintuitive observation that it is possible for citizen-interlocutors to know that public reason has been violated without necessarily knowing who the violator is (and thus without being able to foreclose the possibility that the violator may even be oneself). This observation is based in turn on my analysis of the necessary reciprocity and self-referentiality built in to the very concept of public reason as such. (shrink)

Normative political theorists have been growing more and more aware of the many difficult questions raised by the discretionary power inevitably left to public administrators. This article aims to advance a novel normative principle, called ‘principle of restraint’, regulating reform of established administrative agencies. I argue that the ability of public administrators to exercise their power in accordance with the requirements of public reason is protected by an attitude of restraint on the part of potential reformers. Specifically, (...) they should refrain from any reform of an administrative agency that involves a switch to a considerably more loosely interconnected system of values underlying the work of that agency. To illustrate the importance of the principle of restraint, I examine a case from British health policy, showing that a recent reform of the National Institute for Health and Care Excellence well exemplifies the serious problems brought by any violation of that principle. (shrink)

Critics and defenders of Rawls' idea of public reason have tended to neglect the relationship between this idea and his conception of democratic legitimacy. I shall argue that Rawls' idea of public reason can be interpreted in two different ways, and that the two interpretations support two different conceptions of legitimacy. What I call the substantive interpretation of Rawls' idea of public reason demands that it applies not just to the process of democratic decision-making, but that it (...) extends to the substantive justification of democratic decisions. I shall argue against this interpretation and suggest a procedural interpretation instead. On this view, public reason is invoked when it comes to the political justification of the principles that should govern the process of democratic decision-making, but not – at least not directly – in relation to the content of public deliberation. (shrink)

In Public Reason Confucianism, Kim Sungmoon presents a perfectionist theory that is based on a partially comprehensive Confucian doctrine but is non-sectarian, since the doctrine is widely shared in East Asian societies. Despite its attractiveness, I argue that this project, unfortunately, fails because it is still vulnerable to the sectarian critique. The blurred distinction between partially and fully comprehensive doctrines will create a loophole problem. Sectarian laws and policies may gain legitimacy that they do not deserve. I further defend (...) political Confucianism, which is regarded by Kim as an inadequately intelligible form of Confucianism. Kim assumes a too narrow understanding of intelligibility. Although political Confucianism may not be politically intelligible, it is civically intelligible, i.e. it is culturally intelligibly different from other political theories in terms of its implications in citizens’ actions in civil society. In light of civic intelligibility, the distinctiveness of political Confucianism should not be underestimated. (shrink)

This thesis discusses how societies should allocate clinical care resources. The first aim of the thesis is to defend the idea that clinical care resource allocation is a matter for deliberative democratic procedures. I argue that deliberative democracy is justified because of its ability to implement equal respect and autonomy. Furthermore, I address several in-principle objections to the project of applying deliberative democracy to clinical care resource allocation. Most notably, I respond to the narrow view of the scope of deliberative (...) democracy and the critiques of explicit rationing. -/- The second aim of the thesis is to determine what is required by deliberative democracy in clinical care resource allocation. I identify the general requirements that resource allocation agencies should meet, namely public reason, public involvement, transparency, accuracy and revisability. I then examine what is required by deliberative democracy with regard to two particularly salient specific topics, namely the substantive values that should govern resource allocation and the involvement of scientific experts in decision-making. -/- I demonstrate that public reason imposes severe constraints on the substantive values that should be employed. Most of these constraints are rooted in the idea that, under a regime of scarcity, public reason requires that resources be allocated so as to minimise the strongest complaint anyone may have. Out of the variety of values that are commonly proposed as relevant, only priority to the worst-off, ability to benefit, specialness of clinical care and cost are consistent with public reason. Turning to expert involvement, I argue that deliberative democracy can overcome several formidable threats, such as the opacity of expert opinions to laypersons and the tendency to hide uncertainty and disagreement from the public. I also discuss how my proposals on substantive values and expert involvement could be implemented, in order to add to the plausibility of my theory. (shrink)

In "epistocratic" forms of government, political power is wielded by those who possess the knowledge relevant to good policymaking. Some democrats--notably, David Estlund--concede that epistocracy might produce better political outcomes than democracy but argue that epistocracy cannot be justified under public reason. These objections to epistocracy are unsound because they violate a viability constraint: they are also fatal to democracy and all other plausible political arrangements. Moreover, there is a problem with the public reason framework itself--a problem that (...) can only be solved by providing a better definition for what makes an objection to a political arrangement a "reasonable" one. (shrink)

In this essay I address the difficult question of how citizens with conflicting religious and secular views can fulfill the democratic obligation of justifying the imposition of coercive policies to others with reasons that they can also accept. After discussing the difficulties of proposals that either exclude religious beliefs from public deliberation or include them without any restrictions, I argue instead for a policy of mutual accountability that imposes the same deliberative rights and obligations on all democratic citizens. (...) The main advantage of this proposal is that it recognizes the right of all democratic citizens to adopt their own cognitive stance in political deliberation in the public sphere without giving up on the democratic obligation to provide reasons acceptable to everyone to justify coercive policies with which all citizens must comply. (shrink)

A well-ordered society faces a crisis whenever a sufficient number of noncompliers enter into the political system. This has the potential to destabilize liberal democratic political order. This article provides a formal analysis of two competing solutions to the problem of political stability offered in the public reason liberalism literature—namely, using public reason or using convergence discourse to restore liberal democratic political order in the well-ordered society. The formal analyses offered in this article show that using public (...) reason fails completely, and using convergent discourse, although doing better, has its own critical limitations that have not been previously recognized properly. (shrink)

In the Laws, Plato argues that the legislator should attempt to persuade people to voluntarily obey the laws. This persuasion is accomplished through use of legislative preludes. Preludes (also called preambles) are short arguments written into the legal code, which precede laws and give reasons to follow them. In this paper, I argue that Plato’s use of persuasive preludes shows that he endorses the core features of a public reason theory of political justification. Many philosophers argue that Plato’s (...) political philosophy is deeply at odds with contemporary liberal political philosophy. While Plato certainly does not affirm (and even rejects) some of the main features of liberalism, if it could be shown that he endorses some account of public reason (which is a liberal idea to its core), this would suggest that there is more in common between Plato and liberalism than many philosophers think. Furthermore, if combined with the work of philosophers, like C.C.W. Taylor, this could form a cumulative case against those who argue that there is little in common between Plato’s political philosophy and liberalism. In short, by showing that Plato endorses the core features of public reason, I endeavor to show that there is more in common between Plato and liberalism than is often thought. (shrink)

The chapter explores the ways in which philosophical thinking about public reason and public justification can shed light on some deep issues regarding the legitimacy or purpose of law, as well as shallower yet no less important questions of constitutional engineering and institutional desing.

In the first part of the paper, Gaus’ ground for the ideal of persons as free and equal is described. Doubts are raised about the appropriateness of the use of his account of this ideal as endogenous to our moral practice. Th e worries are related to the use of the concept of having a reason that Gaus makes in his book, as well as to the aptness of his account of our moral practice from the viewpoint of our moral (...) phenomenology. Some doubts are raised in relation to the pertinence of Gaus’ concept of having a reason from the perspective of the motivation of the public reason project. In the second part of the paper, a summary is off ered of Gaus’ model of public justification and some of its consequences are discussed. Th e primary intention here is to show that, contrary to Gaus’ view, egalitarian liberalism, and not classical liberalism, is the most appropriate result of such a model of justification. (shrink)

Trata-se de revisitar o debate Rawls-Habermas,em particular, o problema da autonomia política à luz da apropriação que estes autores nos oferecem do procedimentalismo kantiano.Tanto John Rawls quanto Jürgen Habermas, em suas respectivas concepções de "cultura política" e "esfera pública," partem de uma equivocada atribuição de um fundacionalismo moral em Kant de forma a preservar o princípio normativo de universalizabilidade capaz de assegurar a estabilidade de uma "sociedade bem ordenada" e balizar o procedimentalismo democrático enquanto alternativa para os modelos liberais e (...) republicanos. (shrink)

Journal of Social Philosophy, EarlyView.

Trata-se de revisitar o debate Rawls-Habermas,em particular, o problema da autonomia política à luz da apropriação que estes autores nos oferecem do procedimentalismo kantiano.Tanto John Rawls quanto Jürgen Habermas, em suas respectivas concepções de "cultura política" e "esfera pública," partem de uma equivocada atribuição de um fundacionalismo moral em Kant de forma a preservar o princípio normativo de universalizabilidade capaz de assegurar a estabilidade de uma "sociedade bem ordenada" e balizar o procedimentalismo democrático enquanto alternativa para os modelos liberais e (...) republicanos. (shrink)

Jake Greenblum and Ryan K Hubbard argue that physicians, nurses, clinical ethicists and ethics committee members should not cite religious considerations when helping patients (or their proxies) make medical decisions. They provide two arguments for this position: The Public Reason Argument and the Fiduciary Argument. In this essay, I show that the Public Reason Argument fails. Greenblum and Hubbard may provide good reason to think that physicians should not invoke their own religious commitments as reasons for a (...) particular medical decision. But they fail to show that it is wrong for physicians to cite the patient’s own religious commitments as reasons for a particular decision. As such, if Greenblum and Hubbard’s thesis is to survive, the Fiduciary Argument (or some unmentioned argument) will have to do the bulk of the work. (shrink)

This paper is a discussion of the ways in which the notion of public reason has come to manifest itself in recent Islamic writings. The discussion is part of an effort to discover a common language in terms of which Islamic and liberal/secular discourses about democracy and public debate can be understood. The difficult question we are left with is whether it is permissible to speak of “public reason” sans phrase, or whether the notion must always be (...) qualified by reference to culture and religion. (shrink)

This article seeks to re-conceptualize Rawlsian public reason as a critical tool against ideological propaganda. The article proposes that public reason, as a standard for public discourse, must be conceptualized beyond its mandate for comprehensive neutrality to additionally emphasize critique of ideologically driven ignorance and propaganda in the public realm. I connect uncritical hospitality to such ideological propaganda with Harry Frankfurt’s concept of bullshit. This paper proposes that philosophers have a unique moral obligation to engage bullshit (...) critically in the public sphere. The obligation for such critique, I argue, represents philosophy’s essential moral component in a society committed to the protection of free speech and deliberative democracy. (shrink)

This essay undertakes a critical examination of Kevin Vallier’s Principle of Convergent Restraint (PCR) within the framework of public reason liberalism. The article begins by scrutinizing the PCR’s inaugural provision: intelligibility, advancing the argument that Vallier’s explication of intelligibility contradicts the requisites of public justification in liberal democracies. It argues that Vallier’s predilection for intelligibility over accessibility runs afoul of the fundamental principles underpinning public reason and pluralistic liberalism. It then provides an evaluation of the second provision, (...) narrow restraint, asserting that a proper comprehension of PRL allows for the accommodation of diverse justificatory reasons without compromising the emergence of overlapping, comprehensive doctrines. The final section addresses the PCR’s third provision, proposal restraint, rejecting Vallier’s advocacy for placing justificatory restraints solely on public officials. The essay contends that the demarcation between citizens and public officials is artificial and posits that effective restraints must be universally applicable, considering the dynamic interplay between public deliberation, public opinion, and legislative proposals. (shrink)

In laying out his theory of public reason, John Rawls is adamant that there be a clear distinction between private and public reason. Rawls says that political society under the theory of political liberalism is not an association. Associations, he says, are private communities, and the domain of private reason. Private reason, furthermore, occurs in the domain of private associations. Public reason, however, occurs beyond the scope of private associations, in an overlapping domain of shared reasons. (...) In fact, Rawls says that public reasons are not bound by association at all. But I think this conceptual move is not necessary. I will argue that public reason, as Rawls describes it, does occur in the context of a public association, which is an association of individual citizens who share certain – specific ends – as shown by the concept of the overlapping consensus, amongst other components of the theory. There are ends of which the public agree, and those are the ends laid out by the principles of the political conception, which are expressed with the association of an overlapping consensus, realm of public reason, and in a minimum of requisite shared values, history, education, and other forms of ideas that are meant to bond citizens by public association, which makes public reason possible under the theory of public reason. (shrink)

Should religious reasons be used in political discourse? Habermas argues that religious reasons can enter the public sphere so long as they undergo a translation that meets the standards of public reason. I argue that such a translation may be either unnecessary or impossible. Habermas does not sufficiently consider the possibility that religious reasons are already publicly accessible such that no translation is required. Moreover, Habermas entirely fails to consider the possibility that, if he is (...) right about religious reasons not being publicly accessible, these reasons may be of a kind such that they cannot be translated into a publicly accessible idiom as he supposes they can be. (shrink)

The public constitutes a major stakeholder in the debate about, and resolution of privacy and ethical The public constitutes a major stakeholder in the debate about, and resolution of privacy and ethical about Big Data research seriously and how to communicate messages designed to build trust in specific big data projects and the institution of science in general. This chapter explores the implications of various examples of engaging the public in online activities such as Wikipedia that contrast (...) with “Notice and Consent” forms and offers models for scientists to consider when approaching their potential subjects in research. Drawing from Lessig, Code and Other Laws of Cyberspace, the chapter suggests that four main regulators drive the shape of online activity: Code (or Architecture), Laws, Markets, and Norms. Specifically, scientists should adopt best practices in protecting computerized Big Data (Code), remain completely transparent about their data management practices (Law), make smart choices when deploying digital solutions that place a premium on information protection (Market), and, critically, portray themselves to the public as seriously concerned with protecting the privacy of persons and security of data (Norms). The community of Big Data users and collectors should remember that such data are not just “out there” somewhere but are the intimate details of the lives of real persons who have just as deep an interest in protecting their privacy as they do in the good work that is conducted with such data. (shrink)