A polity is grounded in a modus vivendi (MV) when its main features can be presented as the outcome of a virtually unrestricted bargaining process. Is MV compatible with the consensus-based account of liberal legitimacy, i.e. the view that political authority is well grounded only if the citizenry have in some sense freely consented to its exercise? I show that the attraction of MV for consensus theorists lies mainly in the thought that a MV can be presented as legitimated through (...) a realist account of public justification. Yet I argue that, because of persistent ethical diversity, that realism problematically conflicts with the liberal commitments that underpin the very ideas of consensus and public justification. Thus, despite the interest it has recently attracted from critics of political liberalism and deliberative democracy, MV is not an option for those wishing to ground liberal political authority in some form of consensus. So if realist and agonistic critiques are on target, then the fact that modus vivendi is not an option casts some serious doubt on the viability of the consensus view of liberal legitimacy. (shrink)

Mengzi believed that tyrannical rulers can be justifiably deposed, and many contemporary scholars see this as grounding a right of popular rebellion. I argue that the text of the Mengzi reveals a more mixed view, and does so in two respects. First, it suggests that the people are sometimes permitted to participate in a rebellion but not permitted to decide for themselves when rebellion is warranted. Second, it gives appropriate moral weight not to the people’s judgments about the justifiability of (...) rebelling, but rather to certain affections and behaviors that closely track their life satisfaction. I contend that in both respects the permissions Mengzi grants the people fall short of a proper right of rebellion. I conclude that the more historical account of Mengzi’s “just revolt theory” suggests an intriguing division of deliberative labor, and note some of the advantages of this account. (shrink)