In Political Liberalism John Rawls argues that “the reasonable” and “the rational” are “two distinct and independent” ideas. This differentiation is essential to the viability of Rawls' conception of political liberalism insofar as it facilitates the recognition and subsequent voluntary acceptance of the need for a public conception of justice that requires all individuals to forsake the unfettered pursuit of their personal ambitions. However, the soundness of Rawls' argument is premised upon a number of questionable claims that, in effect, render (...) his proposed distinction between the reasonable and the rational more chimerical than real, and in so doing critically undermine the ability of his conception of justice to secure the type of voluntary public consensus he deems necessary to establish and sustain a just and stable liberal democracy. It is concluded that the only way one can be assured of generating the sought after conditions is to develop a regulatory framework that publicly supports and protects the principles embodied in Rawls' conception of reasonableness, rather than relying upon the reasonableness of individuals to secure and nourish the required conditions. S. Afr. J. Philos. Vol.24(4) 2005: 308-320. (shrink)

There appears to be a tension between two commitments in liberalism. The first is that citizens, as rational agents possessing dignity, are owed a justification for principles of justice. The second is that members of society who do not meet the requirements of rational agency are owed justice. These notions conflict because the first commitment is often expressed through the device of the social contract, which seems to confine the scope of justice to rational agents. So, contractarianism seems to ignore (...) the justice claims of the severely cognitively impaired. To solve this problem, Martha Nussbaum proposes the capabilities approach. The justifiability condition, on this approach, is met by the idea of overlapping consensus. This essay argues that overlapping consensus cannot meet liberalism’s justifiability condition, nor is it more inclusive of the cognitively impaired. Therefore, we have reason to retain the contract device and look for another way to ensure that liberalism respects the justice claims of all. (shrink)

This essay discusses Rawls distinction between the reasonable and the rational in the context of the liberal effort to establish the priority of the right over the good. It argues that inarticulacy about the good makes it difficult for Rawls to find arguments in support of a minimal conception of the reasonable overlapping consensus. The essay examines Rawls’ arguments in support of the distinction between the rational and the reasonable. The paper suggests that in terms of these arguments, the term (...) reasonable seems to be a derivative of the rational. However, this does not stop Rawls from employing that term as if the distinction has been satisfactorily made. Therefore, the philosophical work expected from the term reasonable in Rawls is more than that term is legitimately able to do. Rawls’ arguments explaining reasonable and his arguments employing the term reasonable as a virtue of citizens begin to turn on an equivocation on the use of that term. The conclusion suggests that it is possible to reconstruct Rawls so that the term reasonable can be used in a substantive normative sense without endangering the stability of the overlapping consensus. This is possible if Rawls’ conception of the moral powers of citizens can be philosophically reconstructed as forming part of the basic moral potential of citizens as persons. Such moral potential can be conceived, as prior to and independent of, a complete/partial conception of the good in terms of which that potential might find a complete or partial articulation. (shrink)

This paper interprets the relation between justice and legitimacy found in John Rawls's Political Liberalism and then applies it to the field of transitional justice. The author argues that transitional mechanisms can be better defended in terms of “legitimacy” than in “justice,” because the circumstances of transitional justice admit of reasonable disagreement over “just” public policy. In such circumstances, policy recommendations can always be construed as falling short of justice, thus raising plausible concerns over their normative justification. This paper attempts (...) to answer such concerns by justifying transitional mechanisms as morally appropriate yet less than fully just. The author explains how the concept of legitimacy facilitates such a justification and how such a justification can secure the normative grounds that are ironically threatened by investigations relying on a concept of justice. (shrink)

This paper explores the idea of robust discursive equality on which respect-based conceptions of justificatory reciprocity often draw. I distinguish between formal and substantive discursive equality and argue that if justificatory reciprocity requires that people be accorded formally equal discursive standing, robust discursive equality should not be construed as requiring standing that is equal substantively, or in terms of its discursive purchase. Still, robust discursive equality is purchase sensitive: it does not obtain when discursive standing is impermissibly unequal in purchase. (...) I then showcase different candidate conceptions of purchase justice, and draw conclusions about the substantive commitments of justificatory reciprocity. (shrink)

The discussion develops the view that public justification in Rawls’s political liberalism, in one of its roles, is actualist in fully enfranchising actual reasonable citizens and fundamental in political liberalism’s order of justification. I anchor this reading in the political role Rawls accords to general reflective equilibrium, and examine in its light the relationship between public justification, pro tanto justification, political values, full justification, the wide view of public political culture and salient public reason intuitions. This leaves us with the (...) question of how a more plausible, post-Rawlsian political liberalism should understand the commitment to discursive respect and robust discursive equality that is reflected in its view of actualist and fundamental public justification. (shrink)

With the 1985 publication of "Justice as Fairness: Political not Metaphysical", John Rawls ushered in a new era in political philosophy. In JAF Rawls provided the first detailed articulation of his conception of "political liberalism"—a concept and a term that would soon thereafter become familiar features of contemporary political theory. In the wake of this development, theorists did more than simply analyse Rawls’ provocative, new propositions; a few also began to develop and articulate their own conceptions of political liberalism. One (...) such individual was Charles Larmore. Of those theorists who have joined Rawls in his effort to develop and promote the concept of political liberalism, none has been more dedicated to the endeavour than Larmore. Beginning most notably with his Patterns of Moral Complexity and continuing through to his 1999 article entitled "The Moral Basis of Political Liberalism," Larmore has sought to articulate a feasible conception of political liberalism and in the course of so doing explain the benefits and necessity of its adoption. Not surprisingly, there has been a substantial degree of convergence between Larmore’s and Rawls’ arguments. While both Larmore and Rawls readily acknowledge the similarities between their conceptions, Larmore also, understandably, believes that there are important differences between the two. In turn, Larmore argues that these differences enable him to better demonstrate the appropriateness and necessity of political liberalism, and thereby more effectively than Rawls justify the claim that the concept of political liberalism offers the "best" foundation for a conception of justice for modern liberal democracies. The purpose of this essay is to review the principal features of Larmore’s conception of political liberalism and note some important similarities and purported differences between it and Rawls’ conception. Completing this exercise will not only reveal the extent to which the two conceptions mimic each other, but also show that when examined closely the differences cited by Larmore are in fact cosmetic in character and insignificant in their effect. (shrink)