Healthy eating policies have become a hot and thorny domain of public concern because they affect people’s liberties, life prospects, and public expenditures. However, what policies state institutions may legitimately enforce is a controversial matter. Is state paternalism for the sake of public health permissible? Could people be incentivized to eat in a healthier manner? Barnhill and Bonotti’s recent book tackle these issues in a manner that seeks to combine the liberal values of state neutrality and antipaternalism, as well as (...) the effectiveness and legitimacy of food policies. To do so, they rely on the accessibility model of public reason. Although Barnhill and Bonotti’s proposal fills an important gap in the field and the accessibility model of public reason overcomes some strictures of the Rawlsian account, their account of public reason faces some practical challenges. Indeed, the institutionalization of their framework seems to need the figure of a moderator of a deliberative panel. However, this figure would create a tension between the public reason framework and the common requirements of deliberative accounts. (shrink)

The contribution of food and diet to health is much disputed in the background culture in the US. Many commercial or ideological advocates make claims, sometimes with health as a primary goal, but often accompanied by commercial or ideological interests. These compete culturally with authoritative recommendations made by publicly funded groups. For public policy concerning diet and health to be legitimate, not only should it not be inconsistent with the scientific evidence, but also it should not be inconsistent with the (...) political environment. Healthy Eating Policy and Political Philosophy (HEPPP), by Barnhill and Bonotti (2022), addresses how policy in this complex area might be justified. In the present essay I highlight some important strengths of their work and also make some points about how it might be clarified or enlarged in scope. The great strength of HEPPP is that it emphasizes the role of a political philosophy in evaluating the legitimacy of public policy. They presume a well-off liberal democratic state, and specifically they draw on Rawls’ political liberalism, as developed in Political Liberalism (PL). One of several interlocking technical concepts developed in this book, public reason speaks to the boundaries of what should be acceptable in public deliberation about constitutional essentials and basic justice. HEPPP explores the application of an extension of public reason to the justification of policies related to “healthy eating.“ Public reason has two components, both of which pertain to a common understanding among citizens: (1) a common understanding of the principles and ideals that are the foundation of the political society, and (2) a common understanding of the standards that govern reason and evidence, including common sense. HEPPP argues that even though for diet and health the complexity of the scientific evidence goes far beyond anything like common sense for a typical citizen, the technical idea of “accessibility” of the scientific evidence justifies reliance on it within the concept of public reason. I question this accessibility argument about scientific evidence and public reason because the nature of the population-level epidemiological evidence about diet and health is that it often includes judgments that are based on arguable interpretations, framing incidence in terms of risk and prevention; thus the issue is more than one of potential accessibility of scientific evidence. Nevertheless, evaluation and consideration of the scientific evidence is of obvious practical importance in policy deliberation concerning policy related to what Rawls call “ordinary legislation.“ Even though public reason applied to healthy eating policy may not be as pertinent as it is for constitutional essentials and basic justice, and even though it is unlikely to result in a “correct outcome,“ invoking reasons based on political values and principles held in common has important value even in these deliberations about more ordinary questions. That value applies not to the specifics of the particular issue, but to the larger context for the particular policy being deliberated, as a potential contribution to an overlapping consensus that is stable for the right reasons. If this vision of political liberalism were achieved, then contentious debate about health eating policy and its scientific basis could occur within that context and be resolved within the basic political structure. Because public health and political liberalism have a common concern for a good at the population level, they have an underlying affinity. Healthy eating policies could be evaluated in two not-unrelated ways: based on their instrumental contribution to the good of the public body of citizens as population-level health, and according to their stabilizing contribution to an overlapping consensus among citizens. In this latter way a policy would contribute to a conditional integral common good a la Sulmasy, one that has the prospect of conditioning a political system, and by doing so create the conditions of the possibility of a constitutive integral common good that is constituted on the right reasons for allegiance to an overlapping consensus. To conclude with reference to HEPPP, public reason may play an important function with respect to the political common good, even as debates about the weight and meaning of scientific evidence from epidemiology play out in deliberation of ordinary legislation concerning healthy eating. (shrink)

Imagine entering a public high school history classroom. A student suggests the American Constitution was ratified in 1952. If a teacher corrected the student noting that New Hampshire became the n...

Philosophy & Social Criticism, Volume 48, Issue 9, Page 1226-1246, November 2022. In this study, we claim that political liberalism, despite harsh criticism, is still the best option available for providing a just and stable society. However, we maintain that political liberalism needs to be revised so as to be justifiable from the perspective of not only the “reasonable” in a Rawlsian sense but also the ones whom Rawls labels as “unreasonable.” To support our claim, going beyond Rawls’s original account, (...) we unpack the concept of unreasonableness and identify three different subsets that we label as the “partially reasonable,” the “non-reasonable,” and the “unreasonable.” We argue that both the “fully” reasonable and the “partially reasonable” would be included into the constituency of public justification; more specifically, we claim that the latter would support liberal institutions out of their reasons: we define these reasons as mutually intelligible reasons and claim that they allow to acknowledge the importance of a convergence approach to public justification. As for the “non-reasonable” and “unreasonable,” we claim that they cannot be included in the constituency of public justification, but they nonetheless could be compliant with liberal institutions if political liberalism offers them some reasons to comply: here, we claim that political liberalism should include them through engagement and propose reasoning from conjecture as an effecting way of offering reasons for compliance. In particular, we claim that through reasoning from conjecture, the “non-reasonable” could find conciliatory reasons to comply with liberal institutions on a stable base. With regard to the “unreasonable” in the strict sense, we claim that through reasoning from conjecture, their unreasonableness could be contained and they could find reasons—even if just self-interested—for complying with liberal institutions rather than defying them. In our discussion, we consider the different subsets not as “frozen” but as dynamic and open to change, and we aim to propose a more complex and multilayered approach to inclusion that would be able to include a wider set of people. To strengthen our argument, we show that the need for a wider public justification and for broader inclusion in liberal societies is grounded in respect for persons both as equal persons and as particular individuals. In particular, we claim that individuals’ values, ends, commitments, and affiliations activate demands of respect and can strengthen the commitment to the liberal–democratic order. Through a reformulation of the role of respect in liberal societies, we also show a kind of social and communitarian dimension that, we claim, is fully compatible with political liberalism and opens it up to “civic friendship” and “social solidarity,” which are constitutive elements for the development of a sense of justice and for the realization of a just and stable society. (shrink)

Philosophy & Social Criticism, Volume 48, Issue 9, Page 1226-1246, November 2022. In this study, we claim that political liberalism, despite harsh criticism, is still the best option available for providing a just and stable society. However, we maintain that political liberalism needs to be revised so as to be justifiable from the perspective of not only the “reasonable” in a Rawlsian sense but also the ones whom Rawls labels as “unreasonable.” To support our claim, going beyond Rawls’s original account, (...) we unpack the concept of unreasonableness and identify three different subsets that we label as the “partially reasonable,” the “non-reasonable,” and the “unreasonable.” We argue that both the “fully” reasonable and the “partially reasonable” would be included into the constituency of public justification; more specifically, we claim that the latter would support liberal institutions out of their reasons: we define these reasons as mutually intelligible reasons and claim that they allow to acknowledge the importance of a convergence approach to public justification. As for the “non-reasonable” and “unreasonable,” we claim that they cannot be included in the constituency of public justification, but they nonetheless could be compliant with liberal institutions if political liberalism offers them some reasons to comply: here, we claim that political liberalism should include them through engagement and propose reasoning from conjecture as an effecting way of offering reasons for compliance. In particular, we claim that through reasoning from conjecture, the “non-reasonable” could find conciliatory reasons to comply with liberal institutions on a stable base. With regard to the “unreasonable” in the strict sense, we claim that through reasoning from conjecture, their unreasonableness could be contained and they could find reasons—even if just self-interested—for complying with liberal institutions rather than defying them. In our discussion, we consider the different subsets not as “frozen” but as dynamic and open to change, and we aim to propose a more complex and multilayered approach to inclusion that would be able to include a wider set of people. To strengthen our argument, we show that the need for a wider public justification and for broader inclusion in liberal societies is grounded in respect for persons both as equal persons and as particular individuals. In particular, we claim that individuals’ values, ends, commitments, and affiliations activate demands of respect and can strengthen the commitment to the liberal–democratic order. Through a reformulation of the role of respect in liberal societies, we also show a kind of social and communitarian dimension that, we claim, is fully compatible with political liberalism and opens it up to “civic friendship” and “social solidarity,” which are constitutive elements for the development of a sense of justice and for the realization of a just and stable society. (shrink)

In recent years, leading public reason liberals have argued that publicly justifying coercive laws and policies requires that citizens offer both adequate secular justificatory reasons and adequate secular motivating reasons for these laws and policies. In this paper, I provide a critical assessment of these two requirements and argue for two main claims concerning such requirements. First, only some qualified versions of the requirement that citizens offer adequate secular justificatory reasons for coercive laws and policies may be justifiably regarded as (...) plausible liberal principles of public justification. And second, the requirement that citizens offer adequate secular motivating reasons for coercive laws and policies is untenable on multiple grounds. Public reason liberals should focus on assessing the justificatory reasons offered for and against coercive laws and policies rather than requiring citizens to offer adequate secular motivating reasons for such laws and policies. (shrink)

Most debates surrounding the teaching of creationism in the science classroom have been addressed under a standard frame: whether creationism is science or religion. As creationism suggests supernatural causation, it has been understood as beyond the purview of science, and therefore as religion. This argument for methodological naturalism has been increasingly challenged by philosophers of science as a demarcation criterion. The disaggregation approach introduced by Cecile Laborde provides an alternative framework to address this debate. It suggests that the problem with (...) creationism lies in its epistemic inaccessibility, as it is a theory with weak explanatory capacity that has been superseded by Darwinian evolution. Thus, the exclusion of creationism from the science classroom is not grounded in its religious character, but rather in a set of epistemic shortcomings, which are shared by other fully secular pseudoscientific theories. In the same way that religion is not special as a legal-political category under Laborde’s analysis, creationism in the curriculum should not be treated as special either. (shrink)

As the COVID-19 pandemic continues to evolve, taking its toll on people’s lives around the world, vaccine passports remain a contentious topic of debate in most liberal democracies. While a small literature on vaccine passports has sprung up over the past few years that considers their ethical pros and cons, in this paper we focus on the question of when vaccine passports are politically legitimate. Specifically, we put forward a ‘public reason ethics framework’ for resolving ethical disputes and use the (...) case of vaccine passports to demonstrate how it works. The framework walks users through a structured analysis of a vaccine passport proposal to determine whether the proposal can be publicly justified and is therefore legitimate. Use of this framework may also help policymakers to design more effective vaccine passports, by incorporating structured input from the public, and thereby better taking the public’s interests and values into account. In short, a public reason ethics framework is meant to encourage better, more legitimate decision-making, resulting in policies that are ethically justifiable, legitimate and effective. (shrink)