Search results for 'public justification' (try it on Scholar)

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  1. Tarek Hayfa (2004). The Idea of Public Justification in Rawls's Law of Peoples. Res Publica 10 (3):233-246.score: 240.0
    The article examines Rawlss Law of Peoples as an attemptto extend the conception of public justification originallydeveloped in Political Liberalism to the internationaldomain. After briefly sketching the main elements of Rawlssconception of public justification, the article examineshow this is developed in Law of Peoples, pointingout the main differences with the domestic case. The articlethen tries to show that Rawlss justificatory strategy containsa number of inconsistencies which undermine the persuasivenessof the conception of international justice he advocates. Thisin (...)
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  2. Enzo Rossi (2013). Legitimacy, Democracy and Public Justification: Rawls' Political Liberalism Versus Gaus' Justificatory Liberalism. Res Publica (1):1-17.score: 240.0
    Public justification-based accounts of liberal legitimacy rely on the idea that a polity’s basic structure should, in some sense, be acceptable to its citizens. In this paper I discuss the prospects of that approach through the lens of Gerald Gaus’ critique of John Rawls’ paradigmatic account of democratic public justification. I argue that Gaus does succeed in pointing out some significant problems for Rawls’ political liberalism; yet his alternative, justificatory liberalism, is not voluntaristic enough to satisfy (...)
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  3. Colin Bird (2013). Coercion and Public Justification. Politics, Philosophy and Economics (3):1470594-13496073.score: 240.0
    According to recently influential conceptions of public reasoning, citizens have the right to demand of each other ‘public justifications’ for controversial political action. On this view, only arguments that all reasonable citizens can affirm from within their diverse ethical standpoints can count as legitimate justifications for political action. Both proponents and critics often assume that the case for this expectation derives from the special justificatory burden created by the systematically coercive character of political action. This paper challenges that (...)
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  4. James W. Boettcher (forthcoming). Against the Asymmetric Convergence Model of Public Justification. Ethical Theory and Moral Practice:1-18.score: 240.0
    Compared to standard liberal approaches to public reason and justification, the asymmetric convergence model of public justification allows for the public justification of laws and policies based on a convergence of quite different and even publicly inaccessible reasons. The model is asymmetrical in the sense of identifying a broader range of reasons that may function as decisive defeaters of proposed laws and policies. This paper raises several critical questions about the asymmetric convergence model and (...)
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  5. Dean J. Machin (2009). The Irrelevance of Democracy to the Public Justification of Political Authority. Res Publica 15 (2):103-120.score: 222.0
    Democracy can be a means to independently valuable ends and/or it can be intrinsically (or non-instrumentally) valuable. One powerful non-instrumental defence of democracy is based on the idea that only it can publicly justify political authority. I contend that this is an argument about the reasonable acceptability of political authority and about the requirements of publicity and that satisfying these requirements has nothing to do with whether a society is democratic or not. Democracy, then, plays no role in publicly justifying (...)
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  6. Chad Van Schoelandt (forthcoming). Justification, Coercion, and the Place of Public Reason. Philosophical Studies:1-20.score: 192.0
    Public reason accounts commonly claim that exercises of coercive political power must be justified by appeal to reasons accessible to all citizens. Such accounts are vulnerable to the objection that they cannot legitimate coercion to protect basic liberal rights against infringement by deeply illiberal people. This paper first elaborates the distinctive interpersonal conception of justification in public reason accounts in contrast to impersonal forms of justification. I then detail a core dissenter-based objection to public reason (...)
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  7. Samuel Freeman (2007). The Burdens of Public Justification: Constructivism, Contractualism, and Publicity. Politics, Philosophy and Economics 6 (1):5-43.score: 180.0
    The publicity of a moral conception is a central idea in Kantian and contractarian moral theory. Publicity carries the idea of general acceptability of principles through to social relations. Without publicity of its moral principles, the intuitive attractiveness of the contractarian ideal seems diminished. For it means that moral principles cannot serve as principles of practical reasoning and justification among free and equal persons. This article discusses the role of the publicity assumption in Rawls’s and Scanlon’s contractualism. I contend (...)
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  8. Andrew Lister (2010). Public Justification and the Limits of State Action. Politics, Philosophy and Economics 9 (2):151-175.score: 180.0
    One objection to the principle of public reason is that since there is room for reasonable disagreement about distributive justice as well as about human flourishing, the requirement of reasonable acceptability rules out redistribution as well as perfectionism. In response, some justificatory liberals have invoked the argument from higher-order unanimity, or nested inclusiveness. If it is not reasonable to reject having some system of property rights, and if redistribution is just the enforcement of a different set of property rights, (...)
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  9. Andrew F. March (2011). Is There a Right to Polygamy? Marriage, Equality and Subsidizing Families in Liberal Public Justification. Journal of Moral Philosophy 8 (2):246-272.score: 168.0
    This paper argues that the four most plausible arguments compatible with public reason for an outright legal ban on all forms of polygamy are unvictorious. I consider the types of arguments political liberals would have to insist on, and precisely how strongly, in order for a general prohibition against polygamy to be justified, while also considering what general attitude towards "marriage" and legal recognition of the right to marry are most consistent with political liberalism. I argue that a liberal (...)
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  10. Andrew F. March, Marriage, Sex and Future Persons in Liberal Public Justification: Is There a Right to Incest?score: 156.0
    In this article I consider whether there a right to incestuous marriage. I begin by suggesting that the liberal state get out of the "marriage" business by leveling down to a universal civil union or "registered domestic partnership" status. Removing the symbolism of the term "marriage" from political conflict, privatizing it in the same way as religion, would have the advantage of both consistency and political reconciliation. The question is then whether incestuous unions should be both legal and eligible for (...)
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  11. Andrew F. March, Marriage, Equality and Subsidizing Families in Liberal Public Justification: Is There a Right to Polygamy?score: 156.0
    This essay argues that the four most plausible arguments compatible with public reason for an outright legal ban on all forms of polygamy are unvictorious. My purpose is not to survey exhaustively the empirical literature on contemporary forms of polygamy, but to tease out the types of arguments political liberals would have to insist on, and precisely how strongly, in order for a general prohibition against polygamy to be justified. The most common objection to polygamy is on grounds of (...)
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  12. Andrew F. March (2010). What Lies Beyond Same-Sex Marriage? Marriage, Reproductive Freedom and Future Persons in Liberal Public Justification. Journal of Applied Philosophy 27 (1):39-58.score: 156.0
    In this article I consider whether the legalization of sex-same marriage implies a right to incestuous marriage. I begin by suggesting that the liberal state get out of the 'marriage' business by leveling down to a universal civil union status. The question is then whether incestuous unions should be both legal and eligible for this status. I argue that the arguments compatible with public reason for prohibiting them outright, or even for excluding them from the permissible types of legally (...)
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  13. Andrew Lister (2011). Public Justification of What? Coercion Vs. Decision as Competing Frames for the Basic Principle of Justificatory Liberalism. Public Affairs Quaterly 25 (4):349-367.score: 156.0
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  14. Howard H. Schweber (2011). Democracy and Authenticity: Toward a Theory of Public Justification. Cambridge University Press.score: 156.0
    Professor Howard Schweber analyzes whether there are limits to what counts as an appropriate justification for coercive government actions.
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  15. Steven Wall (2002). Is Public Justification Self-Defeating? American Philosophical Quarterly 39 (4):385 - 394.score: 150.0
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  16. Steven P. Wall (1996). Public Justification and the Transparency Argument. Philosophical Quarterly 46 (185):501-507.score: 150.0
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  17. Fred D'Agostino, Public Justification. Stanford Encyclopedia of Philosophy.score: 150.0
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  18. Fred D'Agostino (1991). Some Modes of Public Justification. Australasian Journal of Philosophy 69 (4):390 – 414.score: 150.0
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  19. Fred D'Agostino (1995). Value Pluralism, Public Justification, and Post-Modernism: The Conventional Status of Political Critique. [REVIEW] Journal of Value Inquiry 29 (3):351-366.score: 150.0
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  20. Fred D'Agostino (1992). The Idea and the Ideal of Public Justification. Social Theory and Practice 18 (2):143-164.score: 150.0
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  21. Kevin Vallier (forthcoming). Public Justification. Stanford Encyclopedia of Philosophy.score: 150.0
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  22. Christopher Freiman (2013). Utilitarianism and Public Justification. Journal of Social Philosophy 44 (3):250-269.score: 150.0
  23. Justine Lacroix (2010). Review Article: Come o Liberals, Try Harder … Glyn Morgan The Idea of a European Superstate: Public Justification and European Integration. Princeton, Princeton University Press, 2005. Jan-Werner Müller Constitutional Patriotism. Princeton, Princeton University Press, 2007. [REVIEW] European Journal of Political Theory 9 (2):227-234.score: 150.0
  24. Corey Brettschneider (2012). Public Justification and the Right to Private Property: Welfare Rights as Compensation for Exclusion. Law and Ethics of Human Rights 6 (1):119-146.score: 150.0
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  25. Rainer Schmalz-Bruns (2007). The Idea of a European Superstate: Public Justification and European Integration. By Glyn Morgan. Constellations 14 (4):664-668.score: 150.0
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  26. Mariano Garreta (2012). Political Liberalism: Public Justification Within and Outside the Borders of a Constitutional Democracy [Spanish]. Eidos 17:192-223.score: 150.0
    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 (...)
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  27. Gerald F. Gaus (2009). Public Justification and Democratic Adjudication. In Matt Zwolinski (ed.), Arguing About Political Philosophy. Routledge. 106--122.score: 150.0
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  28. Vic McCracken (2012). In Defense of Restraint: Democratic Respect, Public Justification, and Religious Conviction in Liberal Politics. Journal of the Society of Christian Ethics 32 (1):133-149.score: 150.0
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  29. Denis Coitinho Silveira (2011). Public Justification: The Function of the Idea of Basic Structure of Society in Rawls. Kriterion 52 (123):197-211.score: 150.0
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  30. S. Ganghof (2013). Does Public Reason Require Super-Majoritarian Democracy? Liberty, Equality, and History in the Justification of Political Institutions. Politics, Philosophy and Economics 12 (2):179-196.score: 144.0
    The project of public-reason liberalism faces a basic problem: publicly justified principles are typically too abstract and vague to be directly applied to practical political disputes, whereas applicable specifications of these principles are not uniquely publicly justified. One solution could be a legislative procedure that selects one member from the eligible set of inconclusively justified proposals. Yet if liberal principles are too vague to select sufficiently specific legislative proposals, can they, nevertheless, select specific legislative procedures? Based on the work (...)
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  31. Cristina Bicchieri & Hugo Mercier (2013). Self-Serving Biases and Public Justifications in Trust Games. Synthese 190 (5):909-922.score: 142.0
    Often, when several norms are present and may be in conflict, individuals will display a self-serving bias, privileging the norm that best serves their interests. Xiao and Bicchieri (J Econ Psychol 31(3):456–470, 2010) tested the effects of inequality on reciprocating behavior in trust games and showed that—when inequality increases—reciprocity loses its appeal. They hypothesized that self-serving biases in choosing to privilege a particular social norm occur when the choice of that norm is publicly justifiable as reasonable, even if not optimal (...)
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  32. John Shook (2013). Dewey's Ethical Justification for Public Deliberation Democracy. Education and Culture 29 (1):3-26.score: 126.0
    John Dewey developed sophisticated theories for a liberal civil society and a deliberative democracy. These theories have recently enjoyed renewed attention, discussion, and practical application.1 However, no consensus on Dewey's primary theoretical strategies has yet emerged.2 What precisely was Dewey's justification for democracy and its superiority over other ways of life and forms of government? This essay explains how Dewey attempted to formulate a philosophical justification for democracy on ethical grounds, rather than just epistemic or satisfaction-maximization grounds alone. (...)
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  33. Angus Dawson (2011). Public Health Ethics and the Justification of HIV Screening. American Journal of Bioethics 11 (4):48-49.score: 120.0
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  34. John Horton (2003). Rawls, Public Reason and the Limits of Liberal Justification. Contemporary Political Theory 2 (1):5.score: 120.0
  35. Paul Nnodim (2004). Public Reason as a Form of Normative and Political Justification: A Study on Rawls's Idea of Public Reason and Kant's Notion of the Use of Public Reason in What is Enlightenment? South African Journal of Philosophy 23 (2):148-157.score: 120.0
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  36. Mark Vorobej (1998). Justice and Justification: Reflective Equilibrium in Theory and Practice Norman Daniels Cambridge Studies in Philosophy and Public Policy New York: Cambridge University Press, 1996, Xiii + 365 Pp., $59.95, $18.95 Paper. [REVIEW] Dialogue 37 (04):853-.score: 120.0
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  37. A. Ferrara (2002). Neutrality and Political Justification of Liberalism in the Nineties Between Perfection, Proceduralism and Public Reason. Rivista di Storia Della Filosofia 57 (4):583-600.score: 120.0
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  38. Thomas M. Besch (2012). Political Liberalism, the Internal Conception, and the Problem of Public Dogma. Philosophy and Public Issues 2 (1):153-177.score: 102.0
    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 (...)
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  39. Gerald Gaus & Kevin Vallier (2009). The Roles of Religious Conviction in a Publicly Justified Polity: The Implications of Convergence, Asymmetry and Political Institutions. Philosophy and Social Criticism 35 (1-2):51-76.score: 100.0
    Our concern in this essay are the roles of religious conviction in what we call a “publicly justified polity” — one in which the laws conform to the Principle of Public Justification, according to which (in a sense that will become clearer) each citizen must have conclusive reason to accept each law as binding. According to “justificatory liberalism,”1 this public justification requirement follows from the core liberal commitment of respect for the freedom and equality of all (...)
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  40. Kevin Vallier (2011). Against Public Reason Liberalism's Accessibility Requirement. Journal of Moral Philosophy 8 (3):366-389.score: 96.0
    Public reason liberals typically defend an accessibility requirement for reasons offered in public political dialog. The accessibility requirement holds that public reasons must be amenable to criticism, evaluable by reasonable persons, and the like. Public reason liberals are therefore hostile to the public use of reasons that appear inaccessible, especially religious reasons. This hostility has provoked strong reactions from public reason liberalism's religion-friendly critics. But public reason liberals and their religion-friendly critics need not (...)
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  41. Fabienne Peter (2013). Epistemic Foundations of Political Liberalism. Journal of Moral Philosophy 10 (5):598-620.score: 90.0
    At the core of political liberalism is the claim that political institutions must be publicly justified or justifiable to be legitimate. What explains the significance of public justification? The main argument that defenders of political liberalism present is an argument from disagreement: the irreducible pluralism that is characteristic of democratic societies requires a mode of justification that lies in between a narrowly political solution based on actual acceptance and a traditional moral solution based on justification from (...)
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  42. Thomas M. Besch (2004). On Practical Constructivism and Reasonableness. Dissertation, University of Oxfordscore: 90.0
    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 (...)
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  43. Thomas M. Besch (1998). Über John Rawls' Politischen Liberalismus. Peter Lang.score: 90.0
    (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 (...)
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  44. Enzo Rossi (forthcoming). Legitimacy and Consensus in Rawls' Political Liberalism. Iride: Filosofia E Discussione Pubblica.score: 90.0
    In this paper I analyze the theory of legitimacy at the core of John Rawls’ political liberalism. Rawls argues that a political system is well grounded when it is stable. This notion of stability embodies both pragmatic and moral elements, each of which constitutes a key desideratum of Rawlsian liberal legitimacy. But those desiderata are in tension with each other. My main claim is that Rawls’ strategy to overcome that tension through his theory of public justification is ultimately (...)
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  45. Danny Frederick (2013). Social Contract Theory Should Be Abandoned. Rationality, Markets and Morals 4:178-89.score: 90.0
    I argue that social-contract theory cannot succeed because reasonable people may always disagree, and that social-contract theory is irrelevant to the problem of the legitimacy of a form of government or of a system of moral rules. I note the weakness of the appeal to implicit agreement, the conflation of legitimacy with stability, the undesirability of “public justification” and the apparent blindness to the evolutionary critical-rationalist approach of Hayek and Popper. I employ that approach to sketch answers to (...)
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  46. Karin Jønch-Clausen & Klemens Kappel (forthcoming). Social Epistemic Liberalism and the Problem of Deep Epistemic Disagreements. Ethical Theory and Moral Practice:1-14.score: 90.0
    Recently Robert B. Talisse has put forth a socio-epistemic justification of liberal democracy that he believes qualifies as a public justification in that it purportedly can be endorsed by all reasonable individuals. In avoiding narrow restraints on reasonableness, Talisse argues that he has in fact proposed a justification that crosses the boundaries of a wide range of religious, philosophical and moral worldviews and in this way the justification is sufficiently pluralistic to overcome the challenges of (...)
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  47. Djordje Pavicevic (2007). Public Reason as a Political Ideal: John Rawls's Conception. Filozofija I Društvo 18 (2):209-234.score: 90.0
  48. Alexandra Couto (2006). Privacy and Justification. Res Publica 12 (3):223-248.score: 84.0
    In this paper, I aim to demonstrate the importance of liberal engagement in public debate, in the face of Nagel’s claim that respect for privacy requires liberals to withdraw from their ‘control of the culture’. The paper starts by outlining a pluralist conception of privacy. I then proceed to examine whether there really is liberal cultural control, as Nagel affirms it, and whether such control truly involves a violation of privacy. Moreover, I argue that Nagel’s desire to leave the (...)
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  49. Richard North (2012). Public Reason, Religious Restraint and Respect. Philosophia 40 (2):179-193.score: 84.0
    In recent years liberals have had much to say about the kinds of reasons that citizens should offer one another when they engage in public political debates about existing or proposed laws. One of the more notable claims that has been made by a number of prominent liberals is that citizens should not rely on religious reasons alone when persuading one another to support or oppose a given law or policy. Unsurprisingly, this claim is rejected by many religious citizens, (...)
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  50. Veljko Dubljević (2013). Cognitive Enhancement, Rational Choice and Justification. Neuroethics 6 (1):179-187.score: 84.0
    This paper examines the claims in the debate on cognitive enhancement in neuroethics that society wide pressure to enhance can be expected in the near future. The author uses rational choice modeling to test these claims and proceeds with the analysis of proposed types of solutions. The discourage use, laissez-faire and prohibition types of policy are scrutinized for effectiveness, legitimacy and associated costs. Special attention is given to the moderately liberal discourage use policy (and the gate-keeper and taxation approaches within (...)
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