This dissertation extends John Rawls’s mature theory of justice out to address the environmental challenges that citizens of liberal democracies now face. Specifically, using Rawls’s framework of political liberalism, I piece together a theory of procedural justice to be applied to a constitutional democracy. I show how citizens of pluralistic democracies should apply this theory to environmental matters in a four stage contracting procedure. I argue that, if implemented, this extension to Rawls’s theory would secure background environmental justice. I explain (...) why the theory can be viewed as a partially specified political conception of environmental pragmatism, and how it relates to public environmental policy and discourse. While the framework is anthropocentric, it is one that reasonable non-anthropocentrists can endorse. Using this theory, I argue that liberal democracies must take measures to secure basic environmental rights for all presently existing and future citizens. Measures must also be in place to secure a minimum of social goods (including environmental goods) that guarantees that all citizens (present and future) can exercise their basic rights and liberties. Moreover, disparities in environmental goods should only be tolerated if they arise in accord with Rawls’s principle of fair equality of opportunity. I discuss carbon taxes, as well as carbon allocation trading schemes. I also argue that free democracies should employ precautionary reasoning when attempting to meet the demands of background environmental justice. (shrink)

The review argues that Talisse's epistemic defense of democracy in his "Democracy and Moral Conflict," albeit novel and interesting, falls prey to an epistemic analogue of the problem of reasonable moral pluralism that Rawls famously posed for moral justifications of democracy.

The critique of utilitarianism forms a crucial subplot in the complex analysis of social justice that John Rawls develops in his first book, A Theory of Justice.1 The weaknesses of utilitarianism indicate the need for an alternative theory, and at many stages of the argument the test for the adequacy of the new theory that Rawls elaborates is whether it can be demonstrated to be superior to the utilitarian rival. The account of social justice shifts in the transition to Rawls’s (...) second great book, Political Liberalism. The account of what is wrong with utilitarianism undergoes revision as well. In this essay I examine both the initial critique of utilitarianism and its transformation in Rawls’s later writings. To anticipate my conclusion: Rawls’s proposal that we should maximin rather than maximize leads to an interesting standoff. The argument for maximin is not compelling, but straight additive maximization of the utilitarian sort is revealed to be merely one possible function among many, any of which (for all we know) correct morality might instruct us to maximize. Rawls further urges that utilitarianism goes astray in taking the maximandum, the thing to be maximized, to be utility rather than primary social goods. The argument for primary social goods is not compelling, but it does not follow that utility alone is to be maximized. The espousal of the ideal of legitimacy in Political Liberalism does not affect these conclusions, and the arguments.. (shrink)

Following hints in the writings of Isaiah Berlin, some political theorists hold that the thesis of value pluralism is true and that this truth provides support for political liberalism of a sort that prescribes wide guarantees of individual liberty.1 There are many different goods, and they are incommensurable. Hence, people should be left free to live their own lives as they choose so long as they don’t harm others in certain ways. In a free society there is a strong presumption (...) in favor of letting individuals act as they choose without interference by others. William A. Galston has developed this argument with exemplary clarity.2 He is wrong. The idea that value incommensurability is a reason for toleration of diverse ways of life and protection of the individual’s freedom to choose among diverse ways of life is a mistake. In his paper for this volume, What Value Pluralism Means for Legal Constitutional Orders, Galston undertakes to resolve a further problem, namely, whether the presumption in favor of individual liberty that value pluralism establishes can be kept within bounds. In his words, “Within the pluralist framework, how is the basis for a viable political <span class='Hi'>community</span> to be secured?”3 On one construal of these words, Galston is seeking the solution to a non-problem. Value pluralism does not establish any normative presumption in favor of liberty, so the worry “does this presumption hold without limit” or, “are there good reasons that constrain it at some point”, is otiose. On another construal, Galston is addressing a different question: if most of the members of society came to believe that given value pluralism, they ought to be left free to live according to their own conception of values, then would a “decently ordered public life” be impossible to sustain?4 On the second construal, the issue being posed is a genuine empirical question, which philosophical arguments cannot answer. (shrink)

In this paper I reconstruct and defend John Rawls' The Law of Peoples, including the distinction between liberal and decent peoples. A “decent people” is defined as a people who possesses a comprehensive doctrine and uses that doctrine as the ground of political legitimacy, while liberal peoples do not possess a comprehensive doctrine. I argue that liberal and decent peoples are bound by the same normative requirements with the qualification that decent peoples accept the same normative demands when they are (...) reasonably interpreted and from their comprehensive doctrine, not from political liberalism. Normative standards for peoples appear in a law of peoples in two places: as internal constraints carried forward from political liberalism which regulate domestic affairs and as principles derived from a second original position that provide the normative ground for a society of peoples. This first source of normative standards was unfortunately obscured in Rawls' account. I use this model to defeat the claim that Rawls has accommodated decent peoples without sufficient warrant and to argue that all reasonable citizens of both liberal and decent peoples would accept the political authority of the state as legitimate. Although my reconstruction differs from Rawls on key points, such as modifying the idea of decency and rejecting a place for decent peoples within a second original position, overall I defend the theoretical completeness of political liberalism and show how a law of peoples provides reasonable principles of international justice. (shrink)

G.A. Cohen, and J. Raz object that Constructivism is incoherent because it crucially deploys unconstructed elements in the structure of justification. This paper offers a reply on behalf of constructivism, by reassessing the role of such unconstructed elements. First, it shows that a shared conception of rational agency works as a starting point for the justification, but it does not play a foundational role. Second, it accounts for the unconstructed norm that constrains the activity of construction as constitutive. Finally, on (...) this basis, it draws a contrast between constructivism and foundational methods of ethics, such as deontology and teleology. -/- . (shrink)

John Rawls has recently shifted to a "freestanding" or "political" liberalism from his earlier "comprehensive" and "moral" liberalism. I argue that this move is based on several key features that make Rawlsian liberal pluralism indelibly postmodern. Two of the more obvious features are the denial of foundationalism and the rejection of a truth status for public-sphere justifications of the basic political structure. In conclusion, I suggest that a late-modern postliberalism is a viable alternative.

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)

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)

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)

(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)

Helen Longino’s “contextual empiricism” is one of the most sophisticated recent attempts to defend a social theory of science. On this view, objectivity and epistemic acceptability require that research be produced within communities that approximate a Millian marketplace of ideas. I argue, however, that Longino’s embedding of her epistemology within the framework of Mill’s political liberalism implies a conception of individual epistemic agents that is incompatible with her view that scientific knowledge is necessarily social, and I begin to articulate an (...) alternative conception that is better suited to a truly social theory of science. †To contact the author, please write to: School of Public Policy, Georgia Institute of Technology, 685 Cherry Street, Atlanta, GA 30332‐0345; e‐mail: justinbiddle@pubpolicy.gatech.edu. (shrink)

A recent essay by Jürgen Habermas revisits political liberalism and takes up the question of the extent to which democratic citizens and officials should rely on their religious convictions in publicly deliberating about and deciding political issues. With his institutional translation proviso, a proposed alternative to Rawls' idea of public reason, Habermas hopes to dodge familiar (and often overstated) criticisms that liberal requirements of citizenship are unfair or disproportionately burdensome to religious believers. I argue that, due in part to its (...) sharp contrast between the obligations attributed to political officials and those attributed to ordinary citizens, Habermas' position is beset by additional, quite considerable difficulties. I conclude that Habermas' account of religion in the public sphere does not present a genuine alternative to the leading liberal theory of citizenship and public reasoning. (shrink)

The concept of reasonableness is essential to John Rawls’s political liberalism, and especially to its main ideas of public reason and liberal legitimacy. Yet the somewhat ambiguous account of reasonableness in Political Liberalism has led to concerns that the Rawlsian distinction between the reasonable and the unreasonable is arbitrary and ultimately indefensible. This paper attempts to advance a more convincing interpretation of reasonableness. I argue that the reasonable applies first to citizens, who then play an important role in determining which (...) comprehensive doctrines and political conceptions of justice are reasonable. In addition, while Rawls fails to specify explicitly the meaning of the reasonable in his standard of political justification (i.e. the liberal principle of legitimacy based on the criterion of reciprocity), I offer an interpretation of what it means for citizens to present reasonable claims and arguments to one another in public reason. (shrink)

Does John Rawls’s political liberalism require the institutional separation between state and religion or does it allow space for moderate forms of religious establishment? In this paper I address this question by presenting and critically evaluating Cécile Laborde’s recent claim that political liberalism is ‘inconclusive about the public place of religion’ and ‘indeterminate about the symbolic dimensions of the public place of religion’. In response to Cécile Laborde, I argue that neither moderate separation nor moderate establishment, intended as regimes of (...) religious governance that fix specific interpretations of principles of social and economic justice, are compatible with Rawls’s political liberalism. Furthermore, I claim that a state can ensure that both its religious and non-religious citizens enjoy a sense of self-respect and identification with their polity by leaving issues of symbolic establishment and separation open to democratic debate. I conclude that Rawls’s political liberalism transcends the standard distinction between moderate establishment and moderate separation and leaves the public place of religion open to the democratic contestation of ordinary legislative politics. (shrink)

Political parties have only recently become a subject of investigation in political theory. In this paper I analyse religious political parties in the context of John Rawls’s political liberalism. Rawlsian political liberalism, I argue, overly constrains the scope of democratic political contestation and especially for the kind of contestation channelled by parties. This restriction imposed upon political contestation risks undermining democracy and the development of the kind of democratic ethos that political liberalism cherishes. In this paper I therefore aim to (...) provide a broader and more inclusive understanding of ‘reasonable’ political contestation, able to accommodate those parties (including religious ones) that political liberalism, as customarily understood, would exclude from the democratic realm. More specifically, I first embrace Muirhead and Rosenblum’s (Perspectives on Politics 4: 99–108 2006) idea that parties are ‘bilingual’ links between state and civil society and I draw its normative implications for party politics. Subsequently, I assess whether Rawls’s political liberalism is sufficiently inclusive to allow the presence of parties conveying religious and other comprehensive values. Due to Rawls’s thick conceptions of reasonableness and public reason, I argue, political liberalism risks seriously limiting the number and kinds of comprehensive values which may be channelled by political parties into the public political realm, and this may render it particularly inhospitable to religious political parties. Nevertheless, I claim, Rawls’s theory does offer some scope for reinterpreting the concepts of reasonableness and public reason in a thinner and less restrictive sense and this may render it more inclusive towards religious partisanship. (shrink)

Recent defenses of same-sex marriage and polygamy have invoked the liberal doctrines of neutrality and public reason. Such reasoning is generally sound but does not go far enough. This paper traces the full implications of political liberalism for marriage. I argue that the constraints of public reason, applied to marriage law, entail ‘minimal marriage’, the most extensive set of state-determined restrictions on marriage compatible with political liberalism. Minimal marriage sets no principled restrictions on the sex or number of spouses and (...) the nature and purpose of their caring relationships, nor on which marital rights are exchanged, and whether they are exchanged reciprocally or asymmetrically. Minimal marriage supports adult care networks, urban tribes, friendships, and other forms of relationships as well as ‘traditional’ marriages. I provide a publically justifiable rationale for a legal framework supporting non-dependent caring relationships between adults. The argument is that caring relationships are primary goods, and that liberal justice accordingly requires legal frameworks supporting caring relationships. Minimal marriage is one such framework. (shrink)

The central question animating liberal thought is: How can people live together as free and equal? This question is being reinvigorated by the emergence of what we will call neoclassical liberalism. Neoclassical liberals, such as David Schmidtz, Gerald Gaus, Charles Griswold, Jacob Levy, Matt Zwolinski, Will Wilkinson, and we, the authors, share classical liberalism’s commitment to robust economic liberties and property rights as well as modern or “high” liberalism’s commitment to social justice. On the neoclassical liberal view, part of the (...) justification for a society’s basic structure is that it produces conditions where citizens have substantive liberty, and can thus confront each other as free and equal. The basic structure of society is evaluable on the kinds of outcomes produced for citizens. Neoclassical liberals combine a robust commitment to social justice—a commitment as robust as that of high liberals—with a commitment to more extensive set of basic liberties than that advocated by high liberals. Neoclassical liberalism thus stakes out a claim to be the morally ambitious form of liberalism. (shrink)

Feminist thinkers have long criticized liberal theory’s public/private distinction for perpetuating indifference to injustices within the family. Thinkers such as Susan Okin have extended this criticism in evaluating the theory of political liberalism, suggesting that this theory’s reliance on a public conception of citizenship renders it indifferent to the way in which the internal politics of the family can undermine equality.However, I argue in this article that the feminist concern to ensure equality within the domestic sphere can in fact be (...) incorporated into a reconstructed account of political liberalism. Central to my strong public reconstruction is the principle of publicly justifiable privacy, according to which the public/private distinction itselfmust be formulated with reference to the values of free and equal citizenship. On my account, the public values of citizenship should figure prominently in evaluations of family life. This reformulation of the public/private distinction answers feminist critics who suggest that political liberalism fails to offer a politics of the personal. (shrink)

In recent years, commentators have devoted increasing attention to Hegel’s conception of conscience. Prominent interpreters like Frederick Neuhouser have even argued that many points of contact can be found between Hegel’s conceptions of conscience and moral subjectivity and historical and contemporary liberalism. In this paper, I offer an interpretation of an under-examined 1830 addition to the Philosophy of Spirit concerning the relation between religion and the state which proves particularly resistant to the kind of liberal interpretation of conscience which Neuhouser (...) provides. I assess the significance of Hegel’s argument for the “inseparability” of ethical and religious conscience for liberal interpretations. I conclude by arguing that we can identify a kind of consistency between the Philosophy of Right and the later writings and lectures, but that Hegel’s conception of conscience is incompatible with contemporary political liberalism. (shrink)

This article analyzes the implications of a particular conception of social justice in education for the policies that have led to significant political controversies in contemporary communities in the United States. Many of these controversies have arisen from the collision between the increasingly multicultural reality in those communities and the accountability system that has during the past decade or so been imposed on the schools by standards-based reformers in the federal and state governments. For this task, the article considers the (...) schools in a hypothetical community in which significant immigration of Latino citizens has occurred. It proposes a theory of social justice in education that uses John Rawls's ideas about political liberalism and an overlapping political consensus in a pluralistic society as a basis for analyzing the normative and factual disagreements in that community. Employing the principles of that theory, the article considers whether the system of accountability that has led to the disagreements is normatively justified and concludes in particular that that system violates both the principles of personal liberty and of equality of educational opportunity in education. It also concludes that a dramatically different system of accountability is required, one in which central political authorities have a responsibility to hold localities accountable for the social justice purposes of education and in which local authorities have a responsibility to design the school curriculum to be genuinely responsive to the diverse cultural interests that children have in their local communities. (shrink)

In this paper, I aim to show that the arguments offered and conclusions at which Rawls aims in his book, The Law of Peoples, are telling as to the intellectual legitimacy of his larger theoretical project. To show this I first investigate how (1) non-liberal peoples fit within the limitations Rawls describes in The Law of Peoples and (2) how liberal peoples would react to such rules. I argue from the answers to these questions to the further conclusion that by (...) spreading the principles and tools of A Theory of Justice and Political Liberalism to the international realm some assumptions implicit in the earlier works come out more clearly. The final section of the paper analyzes some of the implications of the newly exposed assumptions for Rawls's project of liberal justice. (shrink)

Three interlocking features appear to underpin Rawls’s justification of political compliance within the context of political liberalism: namely, a specific territory; a specific society; and a specific conception of what it is to be reasonable. When any one feature is subject to critical examination, while presupposing that the other two are acceptable, Rawls’s argument for political compliance may seem persuasive. But when all three features are critically examined together, his justification of political compliance within political liberalism can be seen to (...) lack cogency. Thus, political compliance fails to be justified by a free-standing political liberalism. Key Words: philosophical anarchism • political duties • political liberalism • political obligation • Rawls. (shrink)

This paper considers the tension between political liberalism and gender equality in the light of social construction and multiculturalism. The tension is exemplified by the work of Martha Nussbaum, who tries to reconcile a belief in the universality of certain liberal values such as gender equality with a political liberal tolerance for cultural practices that violate gender equality. The paper distinguishes between first- and second-order conceptions of autonomy, and shows that political liberals mistakenly prioritise second-order autonomy. This prioritisation leads political (...) liberals to seek to limit state interference in individuals’ choices. However, the paper argues that if options, choices and the preferences which lead to them are socially influenced or constructed, it is no longer clear that state noninterference secures autonomy. Instead, it becomes a matter of justice what the content of the social or state influence is, which options are open to people, and political liberalism cannot deal with many forms of injustice. Rather than emphasising state neutrality, liberals should endorse state prohibition of practices which cause significant harm to those who choose them, if they are chosen only in response to unjust norms. (shrink)

This essay considers the tension between political liberalism and gender equality in the light of social construction and multiculturalism. The tension is exemplified by the work of Martha Nussbaum, who tries to reconcile a belief in the universality of certain liberal values such as gender equality with a political liberal tolerance for cultural practices that violate gender equality. The essay distinguishes between first? and second?order conceptions of autonomy, and shows that political liberals mistakenly prioritise second?order autonomy. This prioritisation leads political (...) liberals to seek to limit state interference in individuals' choices. However, the essay argues that if options, choices and the preferences which lead to them are socially influenced or constructed, it is no longer clear that state non?interference secures autonomy. Instead, it becomes a matter of justice what the content of the social or state influence is, which options are open to people, and political liberalism cannot deal with many forms of injustice. Rather than emphasising state neutrality, liberals should endorse state prohibition of practices which cause significant harm to those who choose them, if they are chosen only in response to unjust norms. (shrink)

The main objective of Rawls’ Political Liberalism was to explain how a workable theory of justice can be established and sustained within a society that is marked by reasonable pluralism. In order to meet this end, Rawls introduces the following three concepts: political conception of justice, public reason, andoverlapping consensus. By relying on these three concepts, Rawls presents his two principles of justice as a two stage process. In the first stage, the two principles of justice are presented as a (...) freestanding political conception justified solely by public reason. In the second stage, individuals engage in overlapping consensus which enables them to find additional supporting reasons for the political conception of justice from their own comprehensive doctrine. According to Rawls, even classical utilitarianism can support his two principles of justice by participating in overlapping consensus. However, Samuel Scheffler thinks that this is impossible. Scheffler’s argument relies on the fact that classical utilitarianism is decisively rejected by the initial contracting parties of the original position. Iargue that Scheffler misconceives the main purpose of the original position and that his argument doesn’t show that it is impossible for classical utilitarianism to participate in overlapping consensus. (shrink)

The relationship between constitutional secularism and gender equality acquires peculiar dimensions in the context of the laïcité project in republican France – particularly, in the contemporary conflict between a laïcité interpreted as a politics of emancipatory social transformation, and the more minimalist liberal conception prevailing in French law. The dominant narrative in the republican establishment, shared between left and right, has been that laïcité will lead to gender emancipation not only by dissolving any sectarian dimensions of women’s citizenship – that (...) is, by sustaining a religiously neutral public sphere – but also, by preventing the domination as well as the coercion of religious choice in the intimate and private spheres of family and community. In this narrative, laïcité represents a more ambitious project of gender emancipation than that promised by the liberalisms more redolent of the Anglo-American world. The apogee of this expansionary interpretation of constitutional secularism is expressed in the 2004 prohibition on conspicuous markers of religious affiliation in the public schools, and the recent debate on the ‘full’ Islamic veil. This article considers the relationship of laïcité to gender equality through the lens of the broader theoretical debate surrounding the relationship of political liberalism to the politics of non-domination. The elusive challenge is to craft a constitutional secularism that can sustain a viable politics of non-domination – going beyond the formalist voluntarism redolent of classical liberalisms, offering undominated as well as uncoerced religious choice – yet also avoiding an overzealous emancipatory stance that itself assumes a regulative role for women’s religious choices. (shrink)

In this paper we argue that John Rawls’s account of political liberalism requires a conception of mutual respect that differs from the one advanced in A Theory of Justice. We formulate such a political liberal form of mutual respect, which we call ‘civic respect.’ We also maintain that core features of political liberalism – in particular, the ideas of ‘the burdens of judgment’ and ‘public reason’ – do not commit political liberalism to an ideal of personal autonomy, contrary to claims (...) made by various commentators. Furthermore, we maintain that teaching the idea of ‘public reason’ to students in civic education courses does not threaten their ‘ethical integrity.’ On the basis of these points, we maintain – against political and educational theorists like Eamonn Callan and Amy Gutmann – that political liberalism permits a wider range of educational policy options, including some ‘school choice’ policies, than most forms of comprehensive liberalism. We conclude the article by considering some such policies. (shrink)

Political liberals, following Rawls, believe that justice should be ‘political’ rather than ‘metaphysical.’ In other words, a conception of justice ought to be freestanding from first-order moral and metaethical views. The reason for this is to ensure that the state’s coercion be justified to citizens in terms that meet political liberalism’s principle of legitimacy. I suggest that privileging a political conception of justice involves costs—such as forgoing the opportunity for political theory to learn from other areas of philosophy. I argue (...) that it is not clear that it provides any benefit in return. Whether a political conception of justice more adequately satisfies the liberal principle of legitimacy than a metaphysical conception of justice is an open question. To show this, I describe three ways in which political conceptions of justice have been developed within the literature. I then argue that while each might be helpful in finding reasons that reasonable citizens can accept, all face challenges in satisfying the liberal principle of legitimacy. Political conceptions of justice confront the same set of justificatory problems as ‘metaphysical’ conceptions. The question of whether a political conception is preferable should receive greater scrutiny. (shrink)

Call the ethos understanding rightness in terms of spiritual purity and piety, and wrongness in terms of corruption and sacrilege, the “fetish ethic.” Jonathan Haidt and his colleagues suggest that this ethos is particularly salient to political conservatives and non-liberal cultures around the globe. In this essay, I point to numerous examples of moral fetishism in mainstream academic ethics. Once we see how deeply “infected” our ethical reasoning is by fetishistic intuitions, we can respond by 1) repudiating the fetishistic impulse, (...) by 2) “sublimating” our fetishism into liberal rationales, or by 3) accepting the fetishism on its own terms. Of these options, I argue that sublimating our fetishism is not advisable, and that embracing our ethical fetishism isn’t as obviously misguided as some suggest. (shrink)

It is my good fortune to have three critics to respond to who are both insightful readers of two of my books and productive dialectical partners in the (Peircian) asymptotic approach to truth. I would like to initiate my response to Zandra Wagoner by thanking her for her clear and insightful comments and for the opportunity to clarify the relationship between the political liberalism that I defend and Wagoner’s own radical democracy. My comments will be divided into two main sections, (...) dealing respectively with: (1) the different emphases in political philosophy that she notices in her own version of radical democracy and my political liberalism; and (2) the complicated issue of religious participation in .. (shrink)

This essay provides a critical examination of Rawls' (and Rawlsians') conception of self-respect, the social bases of self-respect, and the normative justification of equality in the social bases of self-respect. I defend a rival account of these notions and the normative ideals at stake in political liberalism and a theory of social justice. I make the following arguments: (1) I argue that it is unreasonable to take self-respect to be a primary social good, as Rawls and his interpreters characterize it; (...) (2) secondly, drawing on a distinction made by Darwall, I argue that recognition respect provides a far more suitable notion of respect for a theory of justice than Rawls' notion of appraisal respect; (3) thirdly, I argue that Rawls' treatment of self-respect and the social bases of self-respect as empirical conceptions should be rejected in favor of normative notions of a reasonable or justified self-respect and equality in reasonable social bases of self-respect; (4) I argue that Rawls' notions of political liberalism and public reason provide a way of grounding a notion of the reasonable social bases of self-respect in political ideals of the person implicit in modern economic institutions, and family relations, ignored by Rawlsians—but as central to reasonable social bases of self-respect and justice, as Rawlsians' ideal of persons as free and equal citizens. (shrink)

In the pages of philosophy journals debate rages these days between "political" and "comprehensive liberals," a debate inaugurated by John Rawls’s seminal 1985 paper entitled "Justice as Fairness: Political not Metaphysical," from which the above quotation is drawn. As the quotation suggests, a political liberal is someone who believes that liberal justice should be defined and defended in terms that are independent of "comprehensive" philosophical and religious doctrines, that is, independent of doctrines that purport to describe, in some comprehensive way, (...) the sources of meaning, purpose, and worth in human life. A comprehensive liberal, by contrast, is someone who believes some such comprehensive doctrine must be invoked in defense of liberal justice. In this debate it is perhaps fair to say that political liberals have the more prestigious roll call, for in addition to Rawls, prominent political liberals include Thomas Nagel, Brian Barry, Ronald Dworkin, Charles Larmore, and Bruce Ackerman. (shrink)

This article aims to outline a perspective on democratic ideology centred on orientation and justification, which is discussed in relation to the right?left dyad and public reason. Ideology is approached in terms of the orientational structuring of identification processes, which is discussed in relation to the articulation between four pairs of orientational metaphors (up?down, in?out, front?back and right?left), which shape the political terrain and the terms of political justification. The latter is expressed in public reason based on political equality, pluralism (...) and contingency as opposed to hierarchy, monism and objectivism. A modern democratic ideology is based on right/left orientation to underpin the autonomy of the political symbolic order vis?à?vis cultural and religious orders, and on public reason as freestanding in relation to comprehensive reasons, which is a political justification of the priority of right/left in matters of common concerns. (shrink)

Carl Schmitt's critique of liberalism portrays liberalism as a supple political ideology, one which moves constantly between the horns of several connected dilemmas. In particular, liberalism cannot decide whether it is based on substantive political values or is neutral or substanceless. John Rawls's 'political liberalism' is argued to exemplify-and to fall prey to-Schmitt's critique. Rawls tries to find a shallow justification for liberalism, one which claims no truth for itself and is thus neutral between many different ideologies. But his justification, (...) as he is forced to admit, presupposes the substantive commitments he wants to avoid. Hence, liberalism has to move beyond Rawls and accept its place within democracy. Key Words: Carl Schmitt • democracy • John Rawls • liberalism • neutrality. (shrink)

Rawls' requirement that citizens of liberal democracies support only policies which they believe can be justified in 'public reason' depends on a certain ideal for the relationships between citizens. This is a valuable ideal, and thus citizens have reasons to try to achieve it. But it is not always possible to find the common ground that we would need in order to do so, and thus we should reject Rawls' strong claim that we have an obligation to defend our views (...) in public reason. Because I recognize that we have strong reasons to conduct our political enquiry within the guidelines of political liberalism, but deny that we always have an obligation to do so, one might call my view 'permissive political liberalism'. (shrink)

There is a growing literature under the banner of "deliberative democracy," and Paul Weithman suggests that much of it is based on, or at least implies, a critique of the kind of theory of justice pioneered by Rawls 1. The issue at stake is whether a democratic political theory can admit independent normative standards that apply to and constrain democratic decisions. A certain kind of critic thinks independent standards are anti-democratic. Weithman's defense of Rawlsian theory against this charge is, I (...) believe, instructively mistaken. Rawlsian theory escapes the charge but not for Weithman's reasons. This dispute might reasonably hope to shed light on the interrelations not only between democracy and justice, but also between these and political legitimacy. (shrink)

This volume includes 22 new pieces by leaders in the field on both perennial and emerging topics of keen interest to contemporary political philosophers.

In this paper I argue that political liberalism is not the “minimalist liberalism” characterised by Michael Sandel and that it does not support the vision of public life characteristic of the procedural republic. I defend this claim by developing two points. The first concerns Rawls’s account of public reason. Drawing from examples in Canadian free speech jurisprudence I show how restrictions on commercial advertising, obscenity and hate propaganda can be justified by political values. Secondly, political liberalism also attends to the (...) identity, and not just the interests, of its citizens. It attempts to cultivate certain virtues of character. But it does so in a way that does not entail the acceptance of a comprehensive or perfectionist doctrine. Rawls’s defence of neutrality of aim does not mean the state should be neutral towards all the views its citizens espouse. I conclude that political liberalism shares little with the doctrine Sandel claims is embedded in American law. (shrink)

Normal 0 21 false false false MicrosoftInternetExplorer4 O presente estudo pretende examinar em que medida as reformulações da ética kantiana, empreendidas por Habermas e Rawls, poderiam responder às objeções de tipo hegeliano desfechadas contra a ética de Kant. A concepçáo de justiça desenvolvida por Rawls em seu livro A Theory of Justice e reformulada em Political Liberalism tem sido alvo de críticas de pensadores das mais diversas vertentes, inclusive comunitaristas, entre as principais objeções encontram-se a de que está comprometido com (...) um conceito atomista de pessoa e uma concepçáo contratualista de sociedade. Habermas, em seu livro Erläuterungen zur Diskursethik procura examinar se as objeções de tipo hegeliano se aplicam quer a ética de Kant quer a ética do discurso. (shrink)

In the global world, momentous migratory tides have produced hyper-pluralism on the domestic scale, bringing citizens with radically different conceptions of life, justice and the good to coexist side by side. Conjectural arguments about the acceptance of pluralism, the next best to public reason when shared premises are too thin, may not succeed in convincing all constituencies. What resources, then, can liberal democracy mobilize? The multivariate democratic polity is the original answer to this question, based on an interpretation of Rawls (...) which revisits Political Liberalism in the light of The Law of Peoples . The unscrutinized assumption is highlighted, often read into Rawls’s Political Liberalism , that a polity moves homogeneously and all of a piece from religious conflict to modus vivendi, constitutional consensus and finally to overlapping consensus. Drawing on The Law of Peoples , a different picture can be obtained. (shrink)

Reflexive pluralism is here put forward as the conception that is most reasonable for supporters of political liberalism to hold at a period when the reasons justifying acceptance of political and religious pluralism seem inadequate.

The utlitiarian economist and Nobel Laureate John Harsanyi and the liberal egalitarian philosopher John Rawls were two of the most eminent scholars writing on problems of social justice in the last century. The contributions to this volume, addressed to an interdisciplinary audience, pay tribute to them by investigating themes that figure prominently in their work. In some cases, the contributors explore issues considered by Harsanyi and Rawls in more depth and from novel perspectives. In others, the contributors use the work (...) of Harsanyi and Rawls as points of departure for pursuing the construction of new theories for the evaluation of social justice. (shrink)

This paper considers the effect of political liberal principles on the children in society. Specifically, the paper argues that political liberalism faces a problem where parents or other adults want to pass on bizarre or dangerous beliefs to their offspring. This problem arises because in the political liberal framework the only limit on what doctrines a child may acquire is that the child becomes a reasonable citizen. Since this criterion is designed to be lax, this implies children may justly be (...) inculcated with views that may undermine their welfare in later life. This presents political liberals with a dilemma. Ensuring that children are taught appropriate views requires narrowing the scope of political liberal principles, whilst keeping the broad focus of political liberalism brings with it unpalatable consequences when we consider the next generation. (shrink)

Introduction -- Liberalism, democracy, and the principles of justice -- The second principle and distributive justice -- The original position -- Just institutions -- The stability of justice as fairness -- Kantian constructivism and the transition of political liberalism -- Political liberalism I : the domain of the political -- Political liberalism II : overlapping consensus and public reason -- The law of peoples -- Conclusion.

The primary instrument of dispute management in political liberalism is a form of political thinking and talking that tries to reconcile opposed positions with an impartial settlement based on fair arrangements and mutual respect, one that is careful to treat rival views equitably, and reasoned through from start to finish with open methods that lead to a public justification understandable to the disputants. But this model of reasoning is notoriously deficient in resolving disputes among radically different communities. A more effective (...) form of political reasoning for these disputes that yet respects the background values of liberalism is found in the languages of state depicted in realist accounts of international relations. These languages avoid liberal appeals to be reasonable, reciprocity controlled by moral criteria, and the quest for common reasons. They represent a deliberative search for an accord that will meet the interests of the disputing parties as they define these interests and understand the settlements, and in this sense are welcome models to manage divisive issues in pluralist democracies. A complete version of political reasoning would contain both liberal and realpolitik models and a mechanism to adjudicate the appropriate uses of each model. (shrink)

La meta del presente artículo es defender la tesis de que la aceptación de las ideas fundamentales del liberalismo político no conducen necesariamente a una concepción de la justicia global minimalista como la que desarrolló John Rawls en The Law of Peoples. Sostendré, contra lo que el filósofo explícitamente afirma, que las democracias liberales contemporáneas pueden apelar públicamente, en la esfera política global, a los ideales igualitarios y a una concepción robusta de los derechos humanos como justificación de ciertos aspectos (...) de su política exterior. Intentaré demostrar que ello no resulta incompatible con el requisito de asumir una posición de tolerancia y de respeto con las naciones que suscriben mayori-tariamente formas de vida y sistemas de creencias incompatibles con algunos de los valores liberales más significativos. The purpose of the following article is to sustain the view that accepting the basic notions of political liberalism does not necessarily lead to a minimalistic concept of global justice as that developed by John Rawls in The Law of Peoples. In opposition to his explicit opinion, I shall hold that -within the global political field- contemporary liberal democracies can publicly hold egalitarian ideals and a robust conception of human rights in order to justify some of the features of their foreign policy. I shall try to demonstrate that this is not incompatible with the required tolerance and respect toward nations that conspicuously embrace ways of life and belief systems incompatible with some of the most relevant liberal values. (shrink)

In an important essay Charles Larmore tells us that Kant and Mill sought to justify the principle of political neutrality by appealing to ideals of autonomy and individuality. By remaining neutral with regard to controversial views of the good life, constitutional principles will express, according to them, what ought to be of supreme value throughout the whole of our life.1 On Larmore’s influential reading, Mill defended what we might call first-level neutrality: Millian principles determining justified legal (and, we might add, (...) social) intervention are neutral between competing conceptions of the good life. However, Larmore insists that Millian neutral political principles do not posses second-level neutrality: they do not have a neutral justification. The problem with Mill’s valuebased defense of liberalism,” Larmore insists, is that because the value of individuality is “far from uncontroversial,” 2 Mill’s case liberalism is open to reasonable objection. In contrast Larmore and, of course, John Rawls, seek to develop a “political liberalism” that defends liberal neutrality without appeal to a “general ‘philosophy of man’ or a ‘comprehensive moral ideal’.”3 The justification of liberal principles “must be acceptable by reasonable people having different views of the good life, not just those who share, for example, Mill’s ideal of the person.”4 Liberals, argues Larmore, need “a neutral justification of neutrality.”5.. (shrink)

Under free institutions the exercise of human reason leads to a plurality of reasonable, yet irreconcilable doctrines. Rawls's political liberalism is intended as a response to this fundamental feature of modern democratic life. Justifying coercive political power by appeal to any one (or sample) of these doctrines is, Rawls believes, oppressive and illiberal. If we are to achieve unity without oppression, he tells us, we must all affirm a public political conception that is supported by these diverse reasonable doctrines. The (...) first part of this essay argues that the free use of human reason leads to reasonable pluralism over most of what we call the political. Rawls's notion of the political does not avoid the problem of state oppression under conditions of reasonable pluralism. The second part tries to show how justificatory liberalism provides (1) a conception of the political that takes seriously the fact that the free use of human reason leads us to sharply disagree in the domain of the political while (2) articulating a conception of the political according to which the coercive intervention of the state must be justified by public reasons. (shrink)

This essay argues that neutral paternalism (NP) is problematic for antiperfectionist liberal theories. Section 2 raises textual evidence that Rawlsian liberalism does not oppose and may even support NP. In section 3, I cast doubt on whether NP should have a place in political liberalism by defending a partially comprehensive conception of the good I call “moral capacity at each moment,” or MCEM, that is inconsistent with NP. I then explain why MCEM is a reasonable conception on Rawls's account of (...) reasonableness. In section 4, I handle concerns that showing NP fails the test of Rawlsian public justification is a nonstarter since NP does not threaten any of our basic liberties. I sketch an argument that, if this is so, the burden is on political liberalism to defend its particular account of basic liberties, since MCEM is reasonable on Rawlsian grounds. More precisely, MCEM is a conception that challenges the way Rawls characterizes basic liberties; that is, his list of basic liberties should be more inclusive by political liberalism's own structural commitments, including Rawls's “liberal principle of legitimacy.” On this revised account, political liberalism can mount a strong opposition to hard legal paternalism. (shrink)

Of the many ideological blind spots that have afflicted US and, to a lesser extent, European, perceptions and analysis of the economic, political and social milieu, none have been more debilitating than the equation of democracy with political liberalism. Thus those who attempt to derive propaganda value from such an equation are vulnerable, as the US government has found, to the rhetorical counter attack that in opposing democratically elected governments, such as that of Hamas or Hugo Chavez, they are not (...) merely being anti-democratic, but are in illiberally opposition to human rights and civil liberties also; an argument quiteindependent of the same charges, emanating more legitimately, from their support of, for example, the Masharraf regime and the Saud dictatorship.Furthermore no less an august body than the Council of Europe has drawn attention to the US government’s inhumane, humiliating, degrading and cruel treatment, including torture, of prisoners, at Guantanamo, and, seemingly even more extreme treatment of prisoners in the supposedly secret or “black” prisons operated both by the CIA, and other countries, where the torture of prisoners, often illegally or extra judicially rendered to them, has been outsourced. In light of this the paper takes up a discussion of the nature of the relationship between Liberalism, Democracy and Torture as it is germane to the current legitimation crisisfacing liberal democracies. (shrink)

Symposium: Political Liberalism vs. Liberal Perfectionism. With a discussion on Jonathan Quong’s Liberalism Without Perfection (OUP 2011) Guest Editor: Michele Bocchiola Submission Deadline Long(1.000 words max): May 15, 2012 Full paper (10.000 words max, upon acceptance): September 15, 2012 Invited Contributors Joseph Chan (University of Hong Kong), Ben Colburn (University of Glasgow), Jerry Gaus (University of Arizona), and Jonathan Quong (University of Manchester).

This article argues for a virtue-based account of the value and legitimacy of liberalism in increasingly multicultural societies. In contrast to the recent trend to seek consensus and stability through an overlapping ‘political’ consensus, this article argues for a more ‘comprehensive’ view of the attraction of liberalism in a culturally diverse world. This attraction resides in a particular view of the properly constituted ‘self’, able to appreciate and navigate a range of competing ethical demands, coming from a wide range of (...) cultural sources. In support of this virtue-based picture of liberalism, this article seeks to draw out the tacit importance of such an account in two ostensibly different liberal theorists, John Rawls and Michael Walzer, both of whom rely on the virtue of psychological and moral ‘balance’. The article then argues that this sense of virtue as balance is more attractive to non-liberal cultures than a narrow conception of ‘political’ liberalism, and that it therefore offers a more promising basis for cultural cohesion than a more basic appeal to ‘political’ liberalism. (shrink)

The term “political” egalitarianism is used here, not to refer to equality within the political sphere, but rather in John Rawls’s sense, to refer to a conception of egalitarian distributive justice that is capable of serving as the object of an overlapping consensus in a pluralistic society.1 Thus “political” egalitarianism is political in the same way that Rawls’s “political” liberalism is political. The central task when it comes to developing such a conception of equality is to determine what constraints a (...) principle of equality must satisfy in order to qualify as “freestanding,” or to be justifiable in a way that does not presuppose the correctness of any one member of the set of reasonable yet incompatible “religious, philosophical and moral” doctrines that attract large numbers of adherents in our world.2 (Rawls uses the analogy of a “module” in order to describe the way that a properly political conception of justice “fits into and can be supported by various reasonable comprehensive doctrines that endure in the society regulated by it.”3 Political egalitarianism would be “modular” in this sense.) Rather than getting embroiled in the controversies that have arisen over Rawls’s formulation of this idea, I would like simply to accept the intuition, widespread among political philosophers, that equality is the sort of principle that – if given a proper formulation – could satisfy the requirements of a political conception of justice. After all, regardless of what peoples’ projects, values, or conceptions of the good life may be, it should be possible to design a set of arrangements that would provide equal opportunity to pursue these goals, or that would treat each conception of the good with equal respect, etc. From this perspective, the principle of equality resembles the principle of Pareto-efficiency, or certain formulations of the principle of liberty – it is one that everyone should be able to endorse, insofar as it does not privilege, or presuppose the correctness of, any particular set of projects, values.. (shrink)

John Rawls, in his Political Liberalism (1993), claims that his justice-as-fairness prescription for liberal democracy does not require its citizens to harbor doubts regarding the truth claims of their religious, philosophical, or moral comprehensive doctrines. Citizens, he says, need not be “hesitant or uncertain, much less skeptical, about [their] own beliefs.” This claim is necessary for the protection of liberty of conscience, a “primary goods”, but it is also necessary to his description of his scheme as a “reasonable utopia” since (...) citizens are not likely to agree to a demand for skepticism. The problem arises for Rawls’s scheme when he says that for a citizen to participate in this political process she must be “reasonable” and that to qualify as “reasonable”, she must acknowledge what Rawls calls the “burdens of judgment” (that is, “limits on what can be reasonably justified to others”). This acknowledgment allows her not only to qualify as reasonable herself, but forces her to concede the reasonableness of other citizens who hold different truth claims from her own. Rawls’s fourth “burden of conscience” is an admission that the truth claims of all citizens, including her own, are conditioned by what Rawls calls her “total experience”. Unless she is willing to make the admission that her truth claims are contingent, a citizen cannot qualify as “reasonable” and is excluded from the conversation of public reason whose purpose is to produce a consensus on justice principles. This leaves his scheme in the category of “unreasonable utopias”. (shrink)

It is well known that Rawls and Habermas propose different strategies for justifying and classifying human rights. The author argues that neither approach satisfies what he regards as threshold conditions of determinacy, rank ordering, and completeness that any enforceable system of human rights must possess. A related concern is that neither develops an adequate account of group rights, which the author argues fulfills subsidiary conditions for realizing human rights under specific conditions. This latter defect is especially serious in light of (...) the different but equal roles that both subnational groups as well as supernational organizations play in bringing about a just global distribution of economic resources. (shrink)

of (from Journal of Ethics and Social Philosophy).

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)

John Rawls presents a liberal conception of international justice in his book The Law of Peoples, and this liberal conception of international justice has inspired a variety of responses from various perspectives. However, it seems that most such responses come from western perspectives, and that there is hence a corresponding paucity of seriously challenging responses based on non-western traditions. This paper aims to analyze Rawls’s liberal conception of international justice in view of the concept of natural justice expressed within the (...) Book of Change in order to illuminate the limitations and problems of Rawls’s conception in practice as well as in theory. Rawls employs the idea of political liberalism to construct a liberal conception of international justice that can be applied to a society of societies. Rawls addresses the eight principles for justice among free and democratic peoples, which have been historically accepted by western peoples. He admits that these principles are incomplete. There is no theoretical order among the eight principles equivalent to the lexical order of the two principles of justice in A Theory of Justice. There are no guidelines or basic principles for resolving the problem of priority that arises when the principles are themselves in conflict with one another. This situation may generate competing conceptions of justice within the society of peoples. Rawls mentions natural justice in his explanation for the extension of liberal political principles to decent hierarchical peoples. He takes as an example of natural justice the rule of formal equality that “similar cases be treated similarly.” He does not develop any further the idea of natural justice for his theory of international justice, which could potentially span the gap between his ideal theory and non-ideal theory, or enhance the reasonableness of his international justice, especially for non-liberal peoples. The Book of Change expresses the idea of natural justice that underlies the principle of Yin-Yang, which differs fundamentally from the liberal contract paradigm. The paper will argue that the idea of natural justice should be seriously considered for justice among peoples since it can provide the bedrock for criticizing non-public reason as well as public reason. (shrink)

The is a brief response to Matthew Bruenig's "Rethinking Noncombatant Immunity." I argue, contra Bruenig, that political liberalism does not raise any special problems for the view that non-combatants should not be directly targeted by another country's military.

With our state-guaranteed or internationally recognized human rights, liberalism is rather a common basis of political discussion today. John Rawls’s theory of justice, which set a framework for liberal theory of justice in the last decades of the twentieth century, is notably contractarian. Martha Nussbaum, although claiming to be a neo-Aristotelian, argues that her capabilities approach (hereafter CA) can upgrade the liberal theory of justice, particularly that of political liberalism, to deal with unsolved problems of justice, namely, disability, nationality, and (...) species membership. However, this paper argues that her proposal issuccessful only when her CA-based theory proves its affiliation with political liberalism in more detail. As defined by Rawls, political liberalism produces “free-standing” political conceptions and rejects any metaphysical or religious ideas. It halts conceptions of justice that promote conceptions of good derived from particular comprehensive doctrines. I do not believe a mere convergence between CA and contractarianism is sufficient enough to secure the rational acceptability of her CA-based theory. I suggest that if she wishes to maintain her CA-based theory’s being politically liberal, she either has to prove more of the public, in particular the global public, acceptability of her intuitive ideas of human dignity without relying on her intuitions or alter the meaning of political liberalism itself so that it allows a room for some sort of comprehensive doctrine. (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)

Political liberals ask citizens not to appeal to certain considerations, including religious and philosophical convictions, in political deliberation. We argue that political liberals must include a demanding requirement of intellectual modesty in their ideal of citizenship in order to motivate this deliberative restraint. The requirement calls on each citizen to believe that the best reasoners disagree about the considerations that she is barred from appealing to. Along the way, we clarify how requirements of intellectual modesty relate to moral reasons for (...) deliberative restraint. And we argue against attempts to weaken our requirement of intellectual modesty by emphasizing those moral reasons. (shrink)

This article outlines the structure of a Rawlsian theory of justice in the employment relationship. A focus on this theory is motivated by the role it plays in debates in business ethics. The Rawlsian theory answers three central questions about justice and the workplace. What is the relationship between social justice and justice at work? How should we conceive of the problem of justice in the economic sphere? And, what is justice in the workplace? To see fully what demands justice (...) makes on the workplace, we should first spell out the implications that domestic justice has for working conditions. When this is done, we can develop a conception of workplace justice and investigate what content such local justice should have. John Rawls’s political liberalism was constructed for the specific problem of a just basic structure; in order to apply it to another problem the key theoretical concepts must be revised. Reasons for a specific construction of a local original position are given and arguments are presented in support of a principle of local justice, which takes the form of a choice egalitarian local difference principle. (shrink)

Following are two short contributions to the book, _Criminal Law Conversations_: commentaries on Paul Robinson's discussion of "Empirical Desert" and Antony Duff & Sandra Marshal's discussion of the sharing of wrongs.

In this article I take up John Rawls's invitation to investigate the capacity of a given comprehensive ethical doctrine to endorse on principled grounds the liberal terms of social cooperation. In the case of Islamic political ethics, however, far more is at stake in affirming citizenship in a (non-Muslim) liberal democracy than state neutrality and individual autonomy. Islamic legal and political traditions have traditionally held that submission to non-Muslim political authority and bonds of loyalty and solidarity with non-Muslim societies are (...) to be avoided. In this article, I examine the Islamic foundations for affirming on principled grounds residence, political obligation and loyalty to a non-Muslim state. My research shows not only that such grounds exist even in classical Islamic legal discourses, but also that the concerns of Islamic scholars vindicate political liberalism's claim to successfully accommodate the adherents of certain non-liberal doctrines by refraining from proclaiming controversial metaphysical truth-claims. (shrink)

In this paper I discuss the controversy over the career and thought of Tariq Ramadan. I offer an account of what Western liberals ought to hope for from the thought of such a figure and then show, pace Ramadan's critiques, that his views on European citizenship and social cooperation are largely "reasonable" from the standpoint of political liberalism. I also situate Ramadan's views in the context of Islamic law and contemporary Islamist thought on life in the West.

I argue against Rawls's claim that the liberal principle of legitimacy would be selected in the original position in addition to a democratic principle. Since a religious democracy could satisfy the democratic principle, the parties in the original position would not exclude it as illegitimate.

In this article, it is argued that a significant internal tension exists in John Rawls' political liberalism. He holds the following positions that might plausibly be considered incongruous: (1) a commitment to tolerating a broad right of freedom of political speech, including a right of subversive advocacy; (2) a commitment to restricting this broad right if it is intended to incite and likely to bring about imminent violence; and (3) a commitment to curbing this broad right only if there is (...) a constitutional crisis. By supporting a broad right of freedom of political speech in Political Liberalism, he allows militant intolerant people such as Jihadists, White Supremacists and Neo-Nazis to advocate publicly their dangerously intolerant beliefs. Public advocacy of dangerously intolerant beliefs can be construed as subversive advocacy. As demonstrated by the historical examples of the Weimar Republic and the Second Spanish Republic, militant intolerant groups could use a right of subversive advocacy to threaten the stability of liberal democracies. Hence, by allowing them to exercise a broad right of freedom of political speech, Rawls could jeopardize that which he intends to defend, namely the actual political stability of a liberal democratic order. Lastly, Rawls' conception of ideal constitutional interpretation, which privileges a broad right of freedom of political speech, might be insufficient to deal effectively with the threat posed by militant intolerant groups. Yet a tradition of American constitutional interpretation that balances freedom of speech with other important constitutional and/or political values has overcome a civil war, two world wars, the Cold War and the 9/11 terrorist attacks without abandoning democracy or permanently renouncing those values. Still, Rawls' ideal approach to constitutional interpretation might, in hindsight, help us to understand some of the excesses and deficiencies of American jurisprudence in times of emergency.



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