Starting from the ‘Dewey Lectures’, Rawls presents his conception of justice within a contextualist framework, as an elaboration of the basic ideas embedded in the political culture of liberal-democratic societies. But how are these basic ideas to be justified? In this article, I reconstruct and criticize Rawls’s strategy to answer this question. I explore an alternative strategy, consisting of a genealogical argument of a pragmatic kind – the kind of argument provided by authors like Bernard Williams, Edward Craig and Miranda (...) Fricker. I outline this genealogical argument drawing on Rawls’s reconstruction of the origins of liberalism. Then, I clarify the conditions under which this kind of argument maintains vindicatory power. I claim that the argument satisfies these conditions and that pragmatic genealogy can thus partially vindicate the basic ideas of liberal-democratic societies. (shrink)

There exists the putative assumption that since those values that legitimate social practices and institutions are liberal values, then the most coherent form of justification for their universal applicability must — and can only — be a liberal one. The aim of this article is to unravel the foundations of this assumption and, in doing so, to demonstrate that the transition from comprehensive to political liberalism is an expression of postmodern concerns at the heart of liberalism. The central claim I (...) wish to make is twofold: first, John Rawls's concentration on the problem of legitimacy over and above justice leads to an acceptance of the social thesis, albeit in a minimal form. Two, as a consequence of this, the Kantian form of practical reason that informs his work has to be modified to avoid problems with motivation. In the succeeding section, I reverse the direction of argument and concentrate on an explicitly hermeneutical liberalism, that of Gianni Vattimo, which avowedly embraces the substantive implications of the social thesis and yet attempts to demonstrate that the aims of interpretation and understating entail a commitment to liberal political values. Although the social thesis can offer a plausible account of political motivation congruent with the demands of legitimacy, it must also be committed to a minimal formal account of practical reason much to the chagrin of the critics of postmodern ethics who accuse all contextual thought of exhibiting strong irrational tendencies. The intention of the conclusion is to show that whether one begins from the liberal commitment to formal values, or the postmodern contextual commitment to substantive, situated values, one must be committed to a political form of autonomy that is both non-comprehensive yet necessarily situated. Moreover, the recognition of these concerns necessitates a simultaneous avowal of postmodern themes in order for political liberalism to be fully coherent and persuasive as a political doctrine, as well as an explicit recognition of the formal claims of reason by any postmodern thought. (shrink)

John Rawls claims that public reasoning is the reasoning of ‘equal citizens who as a corporate body impose rules on one another backed by sanctions of state power’. Drawing on an amended version of Michael Bratman’s theory of shared intentions, I flesh out this claim by developing the ‘civic people’ account of public reason. Citizens realize ‘full’ political autonomy as members of a civic people. Full political autonomy, though, cannot be realised by citizens in societies governed by a ‘constrained proceduralist’ (...) account of democratic self-government, or the ‘convergence’ account of public justification formulated recently by Gerald Gaus and Kevin Vallier. (shrink)

Despite great advances in recent scholarship on the political philosophy of John Rawls, Rawls’s conception of stability is not fully appreciated. This essay aims to remedy this by articulating a more complete understanding of stability and its role in Rawls’s theory of justice. I argue that even in A Theory of Justice Rawls maintains that within liberal democratic constitutionalism judgments of relative stability typically adjudicate decisively among conceptions of justice and is committed to more deeply than to the substantive content (...) of justice as fairness. This essay thus emphasizes the continuity of Rawls’s thought over time and motivates the position that Rawlsian stability is as philosophically significant and distinctively Rawlsian as justice as fairness itself. (shrink)

The later Rawls attempts to offer a non-comprehensive, but nonetheless moral justification in political philosophy. Many critics of political liberalism doubt that this is successful, but Rawlsians often complain that such criticisms rely on the unwarranted assumption that one cannot offer a moral justification other than by taking a philosophically comprehensive route. In this article, I internally criticize the justification strategy employed by the later Rawls. I show that he cannot offer us good grounds for the rational hope that citizens (...) will assign political values priority over non-political values in cases of conflict about political matters. I also suggest an alternative approach to justification in political philosophy (that is, a weak realist, Williams-inspired account) that better respects the later Rawls’s concern with non-comprehensiveness and pluralism than either his own view or more comprehensive approaches. Thus, if we take reasonable pluralism seriously, then we should adopt what Shklar aptly called ‘liberalism of fear’. (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)

Political instrumentalism claims that the right to rule should be distributed such that justice is promoted best. Building on a distinction made by consequentialists in moral philosophy, I argue that instrumentalists should distinguish two levels of normative thinking about legitimacy, the critical and applied level. An indirect instrumentalism which acknowledges this distinction has significant advantages over simpler forms of instrumentalism that do not.