The paper advances a novel reading of the role of the constructivist idea of legitimacy at the systematic heart of Rawls-type political liberalism. This idea accords full discursive standing only to people who are reasonable in a highly substantive sense. The paper explains how this renders political liberalism both dogmatic and exclusivist at the higher-order level of arguments for or against theories of justice. The paper then outlines aspects of a view of political justification that is more aligned with the (...) inclusivist aspirations of justificatory liberalism that political liberalism shares but fails to successfully discharge. The paper follows the intuition that constructivist political justification should build on a widely sharable idea of reasonableness, outlines aspects of such an idea, and considers a method of inclusive abstraction by which such an idea could be enriched in content to become fruitful for the justification of liberal principles of justice. As the paper suggests, however, the move toward inclusivism faces constructivism with two important challenges. First, inclusivism about the scope of constructivist political justification can avoid dogmatism only if it invokes perfectionist considerations; and second, the authority of a suitably rich idea of reasonableness partly depends on whether we suitably value wide acceptability. (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 (I show why this is a particularist form of constructivism) – only if it invokes a perfectionist view of the good. 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)

(In German.) The book addresses Rawls's post-1985 political liberalism. His justification of political liberalism -- as reflected in his arguments from overlapping consensus -- faces the problem that liberal content can be justified as reciprocally acceptable only if the addressees of such a justification already endorse points of view that suitably support liberal ideas. Rawls responds to this legitimacy-theoretical problem by restricting public justification's scope to include reasonable people only, while implicitly defining reasonableness as a substantive liberal virtue. But this (...) virtue-ethical grounding of political liberalism is itself unreasonable. The phenomenon of disharmony of practical reason gives the reasonable reasons to take it that political legitimacy does not obtain if and where moral-political principles are acceptable from their point of view only. (shrink)

Abstract: In this article the author develops the view, held by some, that political constructivism is best interpreted as a pragmatic enterprise aiming to solve political problems. He argues that this interpretation's structure of justification is best conceived in terms of two separate investigations—one develops a normative solution to a particular political problem by working up into a coherent whole certain moral conceptions of persons and society; and the other is an empirically based analysis of the political problem. The author (...) argues that the empirically based analysis can generate criteria for assessing whether the normative theory successfully works out a solution, thereby developing a functionalist structure of justification. He further argues that this interpretation overcomes a longstanding criticism of constructivism, namely, that the use of substantive moral concepts in the hypothetical choice procedure biases the defense of principles in a particular direction and therefore begs important philosophical questions. (shrink)

Technological advances in media communications have raised questions about the appropriateness of media ownership rules for traditional TV and radio broadcast. This article contributes to this debate by defending a set of principles that ought to govern the distribution of broadcast spectrum. In particular, it defends principles reflecting the ‹public interest’ constraint currently informing broadcast media ownership rules, and argues against a free-market procedure for distributing spectrum use. The argument relies upon the application of a political constructivist approach typical to (...) many political theories. In applying this approach, the author illustrates the strengths and weakness of constructivism and in the process provide an example for how constructivism can be applied to other subjects. As a result, the article has two aims. First, it defends a set of broadcast ownership principles. Second, it provides a model for how philosophers might apply constructivism to other subjects. (shrink)

Deliberation and democratic legitimacy -- Moral pluralism and political consensus -- Associations and democracy (with Joel Rogers) -- Freedom of expression -- Procedure and substance in deliberative democracy -- Directly-deliberative polyarchy (with Charles Sabel) -- Democracy and liberty -- Money, politics, political equality -- Privacy, pluralism, and democracy -- Reflections on deliberative democracy -- Truth and public reason.

The publicity of a moral conception is a central idea in Kantian and contractarian moral theory. Publicity carries the idea of general acceptability of principles through to social relations. Without publicity of its moral principles, the intuitive attractiveness of the contractarian ideal seems diminished. For it means that moral principles cannot serve as principles of practical reasoning and justification among free and equal persons. This article discusses the role of the publicity assumption in Rawls’s and Scanlon’s contractualism. I contend that (...) a regard for publicity and a moral conception’s potential to provide a public basis for justification and agreement account for much of the evolution of Rawls’s account of justice after A Theory of Justice . I also discuss whether contractualism can provide a basis for justification and general agreement under the social conditions that it endorses. I contend that it cannot, and conclude with a discussion showing why this should not be a problem for contractualism. Despite appearances, contractualism is a distinctive form of contractarianism, substantially different from Rawls’s position and the social contract tradition out of which it evolved. Key Words: contractarianism • contractualism • John Rawls • public justification • T.M. Scanlon • justice. (shrink)

s distinction between perfect and imperfect procedural justice relies on the notion of a procedure that is guaranteed to lead to a certain independently specifiable result. Clarification of this notion shows that it makes the distinction between perfect and imperfect procedural justice unreal, in the following sense: whether, in a particular case, we have an instance of perfect or imperfect procedural justice depends only on how we choose to specify the procedure that is being followed. Key Words: procedural justice • (...) John Rawls. (shrink)

What is “political constructivism”? And to what extent is it of general use to political philosophy? My aim is to suggest that we can extract answers to these questions from John Rawls’s most clearly constructivist work, “Kantian Constructivism in Moral Theory.” In particular, we can formulate political constructivism as a general approach to political philosophy which is free from at least two limitations that Rawls himself might otherwise seem to place on its potential scope. The first is the special “political” (...) constraints of the later Rawls’s political liberalism. Although “Kantian Constructivism in Moral Theory” foreshadows Rawls’s later political turn, it presents a distinct “pre-political” constructivist approach which was at best implicit in the earlier A Theory of Justice. My question is what this distinct approach is. The second limitation, which appears across Rawls’s corpus, is that Rawls never clearly formulates his constructivism independently of the specific social contexts that interest him, the major institutions of modern constitutional democracies and modern international law and practice.[i] And it is not otherwise obvious how his specific accounts should generalize into to other areas of social life. What their general, underlying rationales might be and how if at all they apply is at best highly controversial.[ii] Indeed, according to one plausible view, sometimes suggested by Rawls himself, political constructivism assumes certain “basic” structures, and so applies nowhere else. Unless it could be argued that the remaining areas of social life never raise relevant concerns of social justice—a difficult sort of argument to make—political constructivism becomes of at best of limited (albeit still significant) use to political philosophy.[iii] My more general characterization of political constructivism will allow it to have broader application. As I will explain, the approach has fruitful application in at least two important areas of world politics: the institutions that organize the global economy (especially the system of trade), and international human rights-motivated interventions other than the use of outright coercion and force (e.g.. (shrink)

In Political Liberalism, Rawls emphasizes the practical character and aims of his conception of justice. Justice as fairness is to provide the basis of a reasoned, informed and willing political agreement by locating grounds for consensus in the fundamental ideas and values of the political culture. Critics urge, however, that such a politically liberal conception of justice will be designed merely to ensure the stability of political institutions by appealing to the currently-held opinions of actual citizens. In order to evaluate (...) this concern, I suggest, it is necessary to focus on the normative character of Rawls's analysis. Rawls argues that justice as fairness is the conception of justice that citizens of modern democratic cultures should choose in reflective equilibrium, after reflecting fully upon their considered judgments regarding justice. Since judgments in reflective equilibrium are grounded in considered judgment, rather than situated opinions, I argue that the criticism fails. Key Words: justification • objectivity • political liberalism • Rawls • reflective equilibrium. (shrink)

Social constructivists maintain that we invent the properties of the world rather than discover them. Is reality constructed by our own activity? Or, more provocatively, are scientific facts--is everything --constructed? Social Constructivism and the Philosophy of Science is a clear assessment of this critical and increasingly important debate. Andre Kukla presents a comprehensive discussion of the philosophical issues involved and analyzes the strengths and weaknesses of a range of constructivist arguments, illustrating the divide between the sociology and the philosophy of (...) science through examples as varied as laboratory science, time, and criminality. He argues that current philosophical objections to constructivism are drastically inconclusive, while offering and developing new objections. Throughout, Kukla distinguishes between the social causes of scientific beliefs and the view that all ascertainable facts are constructed. (shrink)

G. A. Cohen has recently argued for a thesis about the relationship between facts and principles. He claims that Rawls denies this thesis, and the truth of this thesis vitiates Rawls’s constructivist procedure. I argue against both claims by developing an account of Rawls’s justificatory strategy and the role of facts in this strategy, which I claim is similar to the role of facts in some defences of utilitarianism.

moral foundation of liberalism can be defended in one of three ways: (1) as a conception one accepts as a result of one’s affirmation of political liberalism, (2) as a conception one must affirm as a presupposition for political liberalism, or (3) as a philosophical truth about practical reason and persons. The first option makes it impossible to distinguish a moral consensus from a modus vivendi . The second renders the moral foundation of liberalism dogmatic because it affirms a moral (...) foundation for which no justification is provided. Since there are good reasons for rejecting (1) and (2), that leaves option (3). I argue that (3) should be the preferred option for liberals who advance liberalism as a political doctrine with a moral foundation. (shrink)

This thesis argues for an unorthodox interpretation of John Rawls's egalitarianism as a hybrid of ‘actual contractualism’ and ‘modal contractualism’. It also offers a defence of the theory so understood. According to actual contractualism, a system of political institutions and norms is just only if each person over whom it claims authority actually accepts it in some sense. Actual contractualists stand in contrast with modal contractualists, who take justice to require that no one could reasonably reject the institutions and norms (...) in question. Rawls is standardly read as a modal contractualist, but I argue that his view includes an significant element of actual contractualism. The thesis is divided into three parts. The first part describes actual contractualism and contrasts it with modal contractualism. It goes on to consider the possibility of a hybrid theory, which appeals to modal contractualist reasons to justify an actual contractualist test for justice. I suggest that this is an attractive view. In the second part I go on to argue that a careful understanding of Rawls’s theory view reveals it to be hybrid contractualist. I elaborate Rawls’s strategy of ‘political constructivism’ in the light of this interpretation, and attempt to show that it is very much in the Lockean actual contractualist tradition. The final part of the thesis concerns the justification of specifically Rawls’s egalitarianism. I contend that Rawls’s argument for justice as fairness can be seen as a detailed effort to explain why his egalitarianism is, in the relevant sense, actually accepted by each person, and I argue that as such it succeeds. I then contrast the Rawlsian view with left-libertarianism, another attempt to marry actual contractualism and egalitarianism. I argue that Rawls’s is the more thoroughgoing, unified view, and should be preferred on that basis. (shrink)

This book originated as lectures for a course on political philosophy that Rawls taught regularly at Harvard in the 1980s.

Some of these essays articulate views of justice and liberalism distinct from those found in the two books.

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)

Introduction -- Constructivism and a theory of justice -- The constructivism of political liberalism -- Primary constructivism and O'Neill -- Reasoning practically: a constructivist understanding of practical reasoning -- Making practice reasonable: political constructivism.

This paper critically assesses the “procedural” accounts of political justice set forth by John Rawls in A Theory of Justice (1971) and Robert Nozick in Anarchy, State, and Utopia (1974). I argue that the areas of agreement between Rawls and Nozick are more significant than their disagreements. Even though Nozick offers trenchant criticisms of Rawls's argument for economic redistribution (the “difference principle”), Nozick's own economic libertarianism is undermined by his “principle of rectification,” which he offers as a possible ground in (...) practice for the application of something like the difference principle. Both Rawls's and Nozick's accounts of justice fail because of their abstraction from human nature as a ground of right. At the same time the libertarianism on which they agree in the non-economic sphere would deprive a free society of its necessary moral underpinning. Rawls and Nozick err, finally, by demanding that the policies pursued by a just society conform to theoretical formulas concocted by philosophy professors, rather than leaving room (as Lockean liberalism does) for the adjustment of policies to particular circumstances based on statesmen's prudential judgment and the consent of the governed. Particularly troubling from the perspective of a citizen seriously concerned with the advancement of justice and freedom is both thinkers' shrill denunciations of existing liberal societies for failing to conform to their particular strictures. (shrink)

Book Abstract: 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)

In Rescuing Justice and Equality , G. A. Cohen reiterates his critique of John Rawls's difference principle as a justification for inequality-generating incentives, and also argues that Rawls's ambition to provide a constructivist defence of the first principles of justice is doomed. Cohen's arguments also suggest a natural response to my earlier attempt to defend the basic structure objection to Cohen's critique, which I term the alien factors reply. This paper criticises the reply, and Cohen's more general argument against Rawls's (...) constructivism. 1. (shrink)