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

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  1. Colin Bird (2013). Coercion and Public Justification. Politics, Philosophy and Economics (3):1470594-13496073.
    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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  2.  20
    James W. Boettcher (2015). Against the Asymmetric Convergence Model of Public Justification. Ethical Theory and Moral Practice 18 (1):191-208.
    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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  3.  50
    Enzo Rossi (2013). Legitimacy, Democracy and Public Justification: Rawls' Political Liberalism Versus Gaus' Justificatory Liberalism. Res Publica (1):1-17.
    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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  4.  33
    Tarek Hayfa (2004). The Idea of Public Justification in Rawls's Law of Peoples. Res Publica 10 (3):233-246.
    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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  5.  66
    Dean J. Machin (2009). The Irrelevance of Democracy to the Public Justification of Political Authority. Res Publica 15 (2):103-120.
    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 (...)
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  6.  9
    Kevin Vallier (forthcoming). Public Justification. Stanford Encyclopedia of Philosophy.
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  7.  36
    Chad Van Schoelandt (2015). Justification, Coercion, and the Place of Public Reason. Philosophical Studies 172 (4):1031-1050.
    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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  8. Samuel Freeman (2007). The Burdens of Public Justification: Constructivism, Contractualism, and Publicity. Politics, Philosophy and Economics 6 (1):5-43.
    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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  9.  19
    Kevin Vallier (2015). Public Justification Versus Public Deliberation: The Case for Divorce. Canadian Journal of Philosophy 45 (2):139-158.
    I drive a wedge between public deliberation and public justification, concepts tightly associated in public reason liberalism. Properly understood, the ideal of public justification imposes no restraint on citizen deliberation but requires that those who have a substantial impact on the use of coercive power, political officials, advance proposals each person has sufficient reason to accept. I formulate this idea as the Principle of Convergent Restraint and apply it to legislators to illustrate the general (...)
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  10.  45
    Andrew Lister (2010). Public Justification and the Limits of State Action. Politics, Philosophy and Economics 9 (2):151-175.
    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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  11.  62
    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.
    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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  12.  19
    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.
    Broadly speaking, the principle of public justifiability requires that the exercise of political power be justifiable to each and every person over whom that power is exercised. The idea of being justifiable to every person means being acceptable to any reasonable or otherwise qualified person , without such persons having to give up the comprehensive religious or philosophical doctrine they reasonably espouse. Public justifiability thus involves a partly idealized unanimity requirement, or as I will say, a criterion of (...)
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  13.  60
    Andrew F. March, Marriage, Sex and Future Persons in Liberal Public Justification: Is There a Right to Incest?
    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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  14.  55
    Andrew F. March, Marriage, Equality and Subsidizing Families in Liberal Public Justification: Is There a Right to Polygamy?
    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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  15.  39
    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.
    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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  16.  5
    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.
    The right to private property is among the most fundamental in liberal theory. For many liberals the idea of the state is grounded in its role as a protector of private property. If the liberal state is justified by its ability to protect property, the modern welfare state is often justified by its ability to meet needs. According to a view commonly referred to as “welfarism,” the very fact that needs exist implies there is a moral obligation to meet them. (...)
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    Howard H. Schweber (2011). Democracy and Authenticity: Toward a Theory of Public Justification. Cambridge University Press.
    Professor Howard Schweber analyzes whether there are limits to what counts as an appropriate justification for coercive government actions.
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  18.  96
    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.
  19.  43
    Steven Wall (2002). Is Public Justification Self-Defeating? American Philosophical Quarterly 39 (4):385 - 394.
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  20.  6
    Kevin Vallier (forthcoming). In Defense of the Asymmetric Convergence Model of Public Justification: A Reply to Boettcher. Ethical Theory and Moral Practice.
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  21.  21
    Fred D'Agostino, Public Justification. Stanford Encyclopedia of Philosophy.
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  22.  2
    Matteo Bonotti (2015). Food Policy, Nutritionism, and Public Justification. Journal of Social Philosophy 46 (4):402-417.
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  23.  2
    Philip Shadd (2015). Why the Facts Matter to Public Justification. Critical Review 27 (2):198-212.
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  24.  20
    Fred D'Agostino (1991). Some Modes of Public Justification. Australasian Journal of Philosophy 69 (4):390 – 414.
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  25.  30
    Steven P. Wall (1996). Public Justification and the Transparency Argument. Philosophical Quarterly 46 (185):501-507.
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  26.  16
    Christopher Freiman (2013). Utilitarianism and Public Justification. Journal of Social Philosophy 44 (3):250-269.
  27.  16
    Fred D'Agostino (1992). The Idea and the Ideal of Public Justification. Social Theory and Practice 18 (2):143-164.
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  28.  4
    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.
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  29.  23
    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.
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  30.  4
    Rainer Schmalz-Bruns (2007). The Idea of a European Superstate: Public Justification and European Integration. By Glyn Morgan. Constellations 14 (4):664-668.
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  31. Corey Brettschneider (2012). Public Justification and the Right to Private Property: Welfare Rights as Compensation for Exclusion. The Law and Ethics of Human Rights 6 (1).
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  32. Mariano Garreta (2012). Political Liberalism: Public Justification Within and Outside the Borders of a Constitutional Democracy [Spanish]. Eidos: Revista de Filosofía de la Universidad Del Norte 17:192-223.
    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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  33. Gerald F. Gaus (2009). Public Justification and Democratic Adjudication. In Matt Zwolinski (ed.), Arguing About Political Philosophy. Routledge 106--122.
     
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  34. Denis Coitinho Silveira (2011). Public Justification: The Function of the Idea of Basic Structure of Society in Rawls. Kriterion: Journal of Philosophy 52 (123):197-211.
     
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  35. Kevin Vallier (forthcoming). In Defence of Intelligible Reasons in Public Justification. Philosophical Quarterly:pqv117.
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  36.  21
    John Horton (2003). Rawls, Public Reason and the Limits of Liberal Justification. Contemporary Political Theory 2 (1):5.
    This article is a contribution to a critical exploration of the liberal project of normatively justifying basic political principles. The specific focus is John Rawls's use of the idea of public reason. After briefly discussing the evolution of Rawls's ideas from A Theory of Justice to his most recent writings, the key components of his conception of public reason are set out. Two principal lines of criticism are developed. The first is that the criteria of legitimacy Rawls establishes (...)
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  37.  29
    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.
    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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  38. Patricia Illingworth & Wendy E. Parmet (2015). Solidarity and Health: A Public Goods Justification. Diametros 43:65-71.
    This comment on Professor ter Meulen's paper, "Solidarity and Justice in Health Care," offers additional perspectives on solidarity's importance for health. Noting the findings of social epidemiology, the paper explains that health has important public good dimensions. It is both non-rivlalrous because one person's health does not diminish another's, and it is largely determined by non-excludable access goods, including social networks, social determinants, and public health efforts. The public good dimension of health underscores the mutual dependence and (...)
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  39.  14
    John Shook (2013). Dewey's Ethical Justification for Public Deliberation Democracy. Education and Culture 29 (1):3-26.
    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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  40.  6
    Andrew Lister (2014). Public Reason and Perfectionism: Comments on Quong’s Liberalism Without Perfection. Filozofija I Društvo 25 (1):12-34.
    Liberalism Without Perfection elaborates a generally Rawlsian conception of public justification in order to defend antiperfectionist liberalism. This critical response raises questions about the link between the two parts of the project. On the hand, it is possible to reject that demand that reasons for political decisions pass a qualified acceptability requirement even if one is strictly opposed to paternalism. On the other hand, the commitment to public justifiability does not rule out all perfectionism, if there are (...)
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  41.  14
    Angus Dawson (2011). Public Health Ethics and the Justification of HIV Screening. American Journal of Bioethics 11 (4):48-49.
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  42.  7
    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.
  43.  2
    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-.
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  44. 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.
     
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  45.  14
    Djordje Pavicevic (2007). Public Reason as a Political Ideal: John Rawls’s Conception. Filozofija I Društvo 18 (2):209-234.
    The article dealt with Rawlsian idea of public reason as a convergence point of his conception of political liberalism. The idea of public reason is taken as a norm of political justification a as well as a political ideal. Major lines of criticism of the Rawls' conception are also discussed in the article. The conclusion is that is possible to defend major elements of Rawls' conception against criticism along Rawlsian lines of argumentation. The thesis advocated through the (...)
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  46.  20
    Elvio Baccarini (2013). Having a Reason and Distributive Justice in The Order of Public Reason. European Journal of Analytic Philosophy 9 (1):25-51.
    In the first part of the paper, Gaus’ ground for the ideal of persons as free and equal is described. Doubts are raised about the appropriateness of the use of his account of this ideal as endogenous to our moral practice. Th e worries are related to the use of the concept of having a reason that Gaus makes in his book, as well as to the aptness of his account of our moral practice from the viewpoint of our moral (...)
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  47. Thomas M. Besch (2012). Political Liberalism, the Internal Conception, and the Problem of Public Dogma. Philosophy and Public Issues 2 (1):153-177.
    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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  48. Kevin Vallier (2011). Introduction: Convergence Justifications in Public Reason. Public Affairs Quarterly 25 (4):257-260.
    With the publication of Political Liberalism, John Rawls inaugurated a new tradition in political philosophy often called public reason liberalism. Rawls argued that among liberal democratic cultures, our conception of ourselves as free and equal requires that we justify our attempts to coerce one another via the use of state power. Thus, a legitimate state is one whose coercion is publicly justified to all members of a well-ordered society. A publicly justified political order therefore satisfies what Rawls called the (...)
     
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  49.  47
    Paul Billingham (forthcoming). Convergence Justifications Within Political Liberalism: A Defence. Res Publica:1-19.
    According to political liberalism, laws must be justified to all citizens in order to be legitimate. Most political liberals have taken this to mean that laws must be justified by appeal to a specific class of ‘public reasons’, which all citizens can accept. In this paper I defend an alternative, convergence, model of public justification, according to which laws can be justified to different citizens by different reasons, including reasons grounded in their comprehensive doctrines. I consider three (...)
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  50.  8
    Kevin Vallier (2011). Convergence and Consensus in Public Reason. Public Affairs Quarterly 25 (4):261-280.
    Reasonable individuals often share a rationale for a decision but, in other cases, they make the same decision based on disparate and often incompatible rationales. The social contract tradition has been divided between these two methods of solving the problem of social cooperation: must social cooperation occur in terms of common reasoning, or can individuals with different doctrines simply converge on shared institutions for their own reasons? For Hobbes, it is rational for all persons, regardless of their theological beliefs, to (...)
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