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)

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)

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)

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)

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)

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)

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 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)

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)

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)

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)

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.

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)

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)

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)

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)

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)

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)

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)

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 I revise and defend a core feature of political liberalism, namely, the idea that principles of political justice should be limited in their scope of application to what John Rawls calls the ‘basic structure of society.’ I refer to this feature as the ‘basic structure restriction’ of political liberalism. According to my account of the basic structure restriction, the basic structure includes all and only those institutions that have a profound effect on the lives of all citizens, (...) and thus those institutions that citizens would want to organize as parts of a fair system of social cooperation. Moreover, maintaining the basic structure as a fair system of social cooperation vis-à-vis all citizens requires the exercise of coercive political power. This account of the basic structure, which I call the ‘legitimacy of coercion account,’ shows that limiting the basic structure to those institutions that are maintained by legally coercive means is not arbitrary, contrary to the claims of critics like G. A. Cohen. Furthermore, by recognizing explicitly that there exist certain institutions – and, in particular, the family – that ought to be regulated partially by coercively maintained principles, my formulation of the basic structure provides a more satisfactory account of the way in which principles of justice should apply to the family than does Rawls’s most considered account. Finally, I explain how my account of the basic structure can incorporate many of S. M. Okin’s proposed policies for promoting gender equality in society. (shrink)

One prominent criticism of John Rawls’s The Law of Peoples is that it treats certain non-liberal societies, what Rawls calls ‘decent hierarchical societies’, as equal participants in a just international system. Rawls claims that these non-liberal societies should be respected as equals by liberal democratic societies, even though they do not grant their citizens the basic rights of democratic citizenship. This is presented by Rawls as a consequence of liberalism’s commitment to the principle of toleration. A number of critics have (...) claimed that Rawls’s treatment of these non-liberal societies is symptomatic of a more general problem with political liberalism, namely, its reliance on toleration as its ‘fundamental principle’. Against this view, I argue that the principle of toleration should not be understood as political liberalism’s ‘fundamental principle’. This is revealed through a consideration of the normative basis of what Rawls calls the ‘Liberal Principle of Legitimacy’. A correct understanding of political liberalism’s ‘fundamental principle’, which I claim is a principle of equal ‘civic respect’ for citizens, shows that Rawls’s toleration of non-liberal societies is in fact a misapplication of political liberalism to the global domain. Moreover, I explain that political liberalism must assert that the principle of equal civic respect for citizens is the correct principle to govern the public political relations of citizens in all pluralist societies, and that most ‘decent hierarchical societies’ are pluralist in nature. Identifying political liberalism’s fundamental principle as that of equal civic respect for citizens helps to render political liberalism, in both the domestic and international domains, a more coherent and compelling approach to thinking about fundamental political issues. Key Words: civic respect • international relations • justice • political liberalism • Rawls • toleration. (shrink)

This paper examines and criticizes the defence of toleration due to John Rawls in Political Liberalism, and similar strategies mobilized in defence of toleration. It argues that the notion of the burdens of judgement, used by Rawls to defend his doctrine of reasonable pluralism, faces incoherence: schematically, either disagreement succumbs to reason, or vice versa. On similar grounds, reasonable disagreement defences of neutrality fail because of a double-mindedness about the relation between private judgements and public reason. This problem arises, it (...) is argued, from an attempt to make private judgements determinative in the formation of political and legal outcomes, even while subjecting the latter?s justification to norms of public reason. Deference to private judgements in political justification tends to countenance sedition, and this applies also to modern liberal attempts such as Rawls?s to ground toleration in private judgements. (shrink)

Rawls''s recent modification of his theory of justice claims that political liberalism is free-standing and falls under the category of the political. It works entirely within that domain and does not rely on anything outside it In this article I pursue the metatheoretical goal of obtaining insight into the anthropological assumptions that have remained so far unacknowledged by Rawls and critics alike. My argument is that political liberalism has a dependence on comprehensive liberalism and its conception of a self-serving subjectivity (...) that is far more binding as well as undesirable than it has been so far acknowledged. I proceed with a heuristic approach that introduces us to the possibility that political liberalism presupposes tacitly the Occidental metanarrative of reason harnessing rampant self-interest and subordinating it to a higher-order interest. As the presuppositions of political liberalism emerge, I draw from the debate between Rawls and Habermas in order to illustrate my argument for the existence of a dependence on these presuppositions. I outline some implications of the anthropological basis of political liberalism and conclude by exemplifying them with reference to Rawls''s comments on the division of a cake. (shrink)

Increasingly many business practitioners and academics are turning to religious sources as a way of approaching and answering difficult questions related to business ethics. There now exists a relatively large literature which attempts to integrate business decisions and religious values. The integration, however, is not without difficulties. For many, religious ethics provides the basis and the ultimate authority for a morally meaningful life. Yet, at the same time, in certain contexts, it is often inappropriate to rely and to publicly justify (...) action on the basis of these ethics. With this difficulty in mind, the main goal of this paper is to answer the following specific question: Is a religiously grounded business ethics consistent with the idea of political liberalism? While this question is fundamental and straight-forward, to date it has received little, if any, careful attention. The characterization of business corporations as quasi-public, discussed in the body of the paper, implies that political liberalism may dictate that there exist situations in which invoking religious business ethics is inappropriate. The point is that once one removes the assumption of business as a purely private matter, the justification of a religiously grounded ethics in the context of a politically liberal democracy becomes problematic. On the other hand, such an assumption should not be taken to imply that all religiously grounded business ethics are always inappropriate. As this paper demonstrates, it is far from obvious that even government officials need observe a complete separation between religion and state in formulating, justifying, or expressing public policies, even policies leading to so-called coercive results. If so, it follows that managers of quasi-public institutions may, under appropriate and limited circumstances, invoke and rely upon a religious, albeit private, world-view. (shrink)

Reasonable people disagree deeply about the nature of the good life. But reasonable people also disagree fundamentally about principles of justice. If this is true, then why does political liberalism permit the state to act on reasons of justice, but not for reasons grounded in conceptions of the good life? There appears to be an indefensible asymmetry in the way political liberalism treats disagreements about justice and disagreements about the good life. This is the asymmetry objection to political liberalism. The (...) principal aim of this article is to show that the asymmetry objection can be refuted. This is done by drawing a distinction between two different types of reasonable disagreement that can occur between citizens. The first type is foundational disagreement . Disagreements of this type are characterized by the fact that the participants do not share any premises which can serve as a mutually acceptable standard of justification. The second type of disagreement, justificatory disagreement , occurs when participants do share premises that serve as a mutually acceptable standard of justification, but they nevertheless disagree about certain substantive conclusions. Making this distinction allows me to show why political liberalism’s asymmetric treatment of justice and the good life is both defensible and desirable. Key Words: John Rawls • perfectionism • political liberalism • public reason • reasonable pluralism. (shrink)

What sorts of reasons are i) required and ii) morally acceptable when citizens in a pluralist liberal democracy undertake to resolve pressing political issues? This paper presents and then critically examines John Rawls''s answer to this question: his so called wide-view of public reason. Rawls''s view requires that the content of liberal public reason prove rich enough to yield a reasoned and determinate resolution for most if not all fundamental political issues. I argue that the content of liberal public reason (...) will prove inadequate in this regard far more often than Rawls suspects. (shrink)

While contemporary readers may find what appear to be appealing streaks of liberalism in Montaigne's 'Essays', I argue that a more careful analysis suggests that Montaigne's overall stance is quietistic and conservative. To help support this claim I offer a close reading of 'Essays' III.11 ("Of Cripples"), where Montaigne offers his famous critique of the witch trials of early modern Europe. Once Montaigne's objections to the witch trials are properly understood, we see that Montaigne did not seriously or consistently dispute (...) the church's authority in political matters, though certain undeveloped seeds of liberalism do leave an unresolved tension in his writings. (shrink)

Critics of John Rawls' conception of a reasonable pluralism have raised the question of whether it is justified to demand that religious individuals should 'bracket' their essential, identity-constituting convictions when they enter a political discourse. I will argue that the criterion for religious beliefs of being justified as grounds for political decisions should be their ability of being 'translatable' in secular reasons for the very same decisions. This translation would demand 'epistemic abstinence' from religious believers only on the basis of (...) a rigid distinction between the spheres of private opinions and public reasons. To give a more adequate account of the relation between religious beliefs and political reasons in a pluralistic society it seems to be helpful to make use of Niklas Luhmann's functionalistic theory of religion. Key Words: democracy and religious beliefs • philosophy of religion • pluralism • political liberalism • political theory. (shrink)

A common objection to the idea of public reason is that it cannot resolve fundamental political issues because it excludes too many moral considerations from the political domain. Following an important but often overlooked distinction drawn by Gerald Gaus, there are two ways to understand this objection. First, public reason is often said to be inconclusive because it fails to generate agreement on fundamental political issues. Second, and more radically, some critics have claimed that public reason is indeterminate because it (...) cannot provide any citizen with sufficient reason(s) for making important political decisions. Against the first of these objections, I argue that the purpose of public reason is not to end reasonable disagreement. Rather, it is to provide a suitable framework of values and principles within which citizens may resolve their moral and political differences. Against the second objection, I argue, first, that the indeterminacy of public reason is much less common than its inconclusiveness; and, second, that there are second-order decision-making strategies that may enable citizens to cope with cases of indeterminacy. The incompleteness of public reason, whether it takes the form of inconclusiveness or indeterminacy, is not a reason for citizens to abandon their commitment to public justification. Key Words: public reason • public justification • political liberalism • Rawls • Gaus. (shrink)

In a footnote to the first edition of Political Liberalism, John Rawls introduced an example of how public reason could deal with controversial issues. He intended this example to show that his system of political liberalism could deal with such problems by considering only political values, without the introduction of comprehensive moral doctrines. Unfortunately, Rawls chose “the troubled question of abortion” as the issue that would illustrate this. In the case of abortion, Rawls argued, “the equality of women as equal (...) citizens” overrides both “the ordered reproduction of political society over time” and also “the due respect for human life”. It seems fair to say that this was not the best choice of example, and also that Rawls did not argue for his example particularly well: a whole subset of the Rawlsian literature concerns this question alone. Rawls went on to clarify his views on abortion and public reason, but he continued to maintain that a society’s policy on abortion could be decided without introducing comprehensive moral doctrines concerning the moral status of the fetus. The three aims of this paper are to argue: (i) that a society cannot legitimately decide on its abortion policy using purely political values; (ii) that Rawls’ stances on abortion in his two major works are incompatible; and (iii) that neither of Rawls’ conceptions of justice could permit abortion. (shrink)

This text provides an analysis of the Deleuzian theory of minorities. Its hypothesis is that this theory produces a double effect of interpellation: upon a materialistic reading of the philosophy of Deleuze, and upon the theoretical and political heritage of Marxism. Concerning the first aspect, the thesis of an actual multiplication of ‘becomings-minoritarian’ reopening ‘the question of the becoming-revolutionary of people, at every level, in every place’, has to be referred to the Deleuzo-Guattarian analysis of the conjuncture – namely, to (...) a diagnosis of the global capitalist system's dynamisms and the contradictions they produce in the social, juridical and political institutions of national States. Concerning the second aspect, I confront the adversities faced by minorities with the schema of the classes struggle, and I examine certain links (of continuation and integration, but also differentiation) between the processes of ‘proletarianisation’ and ‘becoming-minoritarian’, that is to say, between two ways of problematising the collective subject of a revolutionary politics of emancipation. Finally I assert that the concept of ‘becoming-minoritarian’ makes of the possibility of an unprecedented internationalism the way to a renewal of the two concepts between which the horizon of modern political thought extends, and around which the tradition of political liberalism and thinkers of a revolutionary politics have never ceased to confront one another: autonomy and universality. (shrink)

Abstract Recently two members of the Dutch government, the Minister of Justice and the Minister of Education and Science, have stressed publicly the importance of ?the transmission of norms and values?. In this paper their public statements are evaluated from the perspective of a liberal conception of civic education. Such an assessment seems to be fair, since both people are, in their public role as ministers, key representatives of a liberal constitutional state. First, a brief analysis of the concept of (...) civic education is presented. Subsequently, an explanation of the central aims of liberal education for citizenship is given. Finally, the educational statements of the ministers are tested against the explained liberal conception. (shrink)

The author builds upon recent work by Allen Buchanan and develops a comprehensive version of liberalism based in a partially comprehensive social epistemic doctrine. The author then argues that this version of liberalism is sufficiently accommodating of the fact of reasonable pluralism. The conclusion is that the founding premise of political liberalism admits of a counterexample; there is a version of comprehensive liberalism that is sufficiently pluralistic.

For well over a decade, much of liberal political theory has accepted the founding premise of Rawls's political liberalism, according to which the fact of reasonable pluralism renders comprehensive versions of liberalism incoherent. However, the founding premise presumes that all comprehensive doctrines are moral doctrines. In this essay, the author builds upon recent work by Allen Buchanan and develops a comprehensive version of liberalism based in a partially comprehensive social epistemic doctrine. The author then argues that this version of liberalism (...) is sufficiently accommodating of the fact of reasonable pluralism. The conclusion is that the founding premise of political liberalism admits of a counterexample; there is a version of comprehensive liberalism that is sufficiently pluralistic. (shrink)

The political liberalism of Rawls and Larmore is presented as uniquely able to solve the problems of modern political theory. In the face of a plurality of reasonable comprehensive conceptions of the good, a legitimate liberal state can legislate solely on the basis of a modular conception of justice affirmed from within each reasonable conception. However, it is argued that this view, while restrictive, has to permit the promotion of its own pre-conditions. This demanding duty of civic restraint requires citizens (...) who have been educated for citizen virtue in the context of associational life in civil society. This challenge to expand liberalism to cover its own preconditions at the level of a moral background culture, has usually been levelled by one kind of republican/communitarian (Charles Taylor) or so-called "ethical liberals". It can be met by the adoption of a liberal republicanism that operates within the constraints of Rawls' political liberalism but nevertheless explains and justifies why such a view must treat traditional republican themes such as active citizenship and the importance of associational life. The solution lies in treating these values as option values, in a sense that is explained. (shrink)

Lucas Swaine?s liberalism of conscience is at risk of failing to respect justificatory requirements of political liberalism. His theory ought to be further distinguished from the views of John Locke and John Rawls, respectively, and should be extended to engage extreme secularists as well as theocrats.