In this innovative and important work, Gerald Gaus advances a revised and more realistic account of public reason liberalism, showing how, in the midst of fundamental disagreement about values and moral beliefs, we can achieve a moral and political order that treats all as free and equal moral persons. The first part of this work analyzes social morality as a system of authoritative moral rules. Drawing on an earlier generation of moral philosophers such as Kurt Baier and Peter Strawson as (...) well as current work in the social sciences, Gaus argues that our social morality is an evolved social fact, which is the necessary foundation of a mutually beneficial social order. The second part considers how this system of social moral authority can be justified to all moral persons. Drawing on the tools of game theory, social choice theory, experimental psychology and evolutionary theory, Gaus shows how a free society can secure a moral equilibrium that is endorsed by all, and how a just state respects, and develops, such an equilibrium. (shrink)

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 citizens.2 To respect each (...) as free and equal requires that no one simply be forced to submit to the judgments of others as to what she must do. Laws must be justified to those subject to them — each must accept grounds that justify the law. As Kant indicated, if such a condition is achieved, each is both subject and legislator: each is subject to the law, yet each legislates the law, and so all our free and equal under the law.3 Now it would appear that if we are to justify laws to each and every person, the reasons for these laws must be “accessible to all.”4 Religious reasons, however, are not shared by everyone, and may be inaccessible to some: they would thereby seem inappropriate in public justification. On the face of it, justificatory liberals seem committed to expunging religious-based reasoning from political justification. Not surprisingly, this apparent commitment of justificatory liberalism is adamantly rejected by many citizens of faith who consider themselves liberals. These citizens embrace the traditional liberal freedoms and rights and, moreover, reject any suggestion that a legitimate polity might seek to establish a religion, much less a theocracy. Yet they.. (shrink)

This book advances a theory of personal, public and political justification. Drawing on current work in epistemology and cognitive psychology, the work develops a theory of personally justified belief. Building on this account, it advances an account of public justification that is more normative and less "populist" than that of "political liberals." Following the social contract theories of Hobbes, Locke and Kant, the work then argues that citizens have conclusive reason to appoint an umpire to resolve disputes arising from inconclusive (...) public justifications. The rule of law, liberal democracy and limited judicial review are defended as elements of a publicly justified umpiring procedure. (shrink)

Justificatory liberalism1 rests on a conception of members of the public as free and equal. To say that each is free implies that each has a fundamental claim to act as she sees fit on the basis of her own reasoning. To say that each is equal is to insist that members of the public are symmetrically placed insofar as no one has a natural right to command others, nor does anyone have a natural duty to defer to the reasoning (...) of others. Given this conception of persons as free and equal, the legal authority of the state, because it is based on the use, and the threat of, force against its citizens, is deeply problematic: state functionaries employ power to force citizens, or issue threats to use force against them, to induce conformity to the law. On what grounds could anyone exercise such power and yet claim that she is respecting the person that is imposed upon? In Immanuel Kant’s eyes, a crucial and necessary condition is that the person imposed upon by the law verifies that following the law is the thing to do — it is what his own reason instructs him to do. If the imposed law reflects the reason of those who are subject to it, Kant and his followers have insisted, in a fundamental sense the law treats them as free and equal even though they are bound. “A rational being belongs to the realm of ends as a member when he gives universal laws in it while also himself subject to these laws. He belongs to it as sovereign when he, as legislator, is subject to the will of no other.”2 Justificatory liberalism thus starts out with the idea of “free persons who have no authority over one another”3 and seeks to show how their reason can lead each to freely accept common laws to which they are subject. Only coercive laws that are publicly justified in this way — they are endorsed by the reason of all members of the public — can respect each as free and equal. “Respect for others requires public justification of coercion: that is the clarion call of justificatory liberalism.”4 My concern in this essay is not to motivate justificatory liberalism, but to investigate its relation to we might call “substantive” liberalisms. (shrink)

In replying to Steven Wall’s and Andrew Lister’s thoughtful essays on my account of justificatory liberalism in this issue, I respond to many of their specific criticisms while taking the opportunity to explicate the foundations of justificatory liberalism. Justificatory liberalism takes seriously the moral requirement to justify all claims of authority over others, as well as all coercive interferences with their lives. If we do so, although we are by no means committed to libertarianism, we find that that many of (...) our cherished values, moral intuitions, and political aspirations no longer ground the range of authority over others many of us would claim. In this sense, justificatory liberalism is a theory of limited authority and limited government — which is what a genuinely liberal theory must be. (shrink)

This important new book takes as its points of departure two questions: What is the nature of valuing? and What morality can be justified in a society that deeply disagrees on what is truly valuable? In Part One, the author develops a theory of value that attempts to reconcile reason with passions. Part Two explores how this theory of value grounds our commitment to moral action. The author argues that rational moral action can neither be seen as a way of (...) simply maximising one's own values, nor derived from reason independent of one's values. Rather, our commitment to the moral point of view is presupposed by our value systems. The book concludes with a defense of liberal political morality. (shrink)

Editors provide a substantive introduction to the history and theories of perfectionism and neutrality, expertly contextualizing the essays and making the collection accessible.

My concern in this chapter is the place of autonomy within liberalism, understood as a public morality.1 To what extent is liberal morality necessarily committed to some doctrine of autonomy, and what is the nature of this doctrine? I begin (§2) by briefly explicating my understanding of liberalism, which is based the fundamental liberal principle—that all interferences with action stand in need of justification. Section 3 then defends my first core claim: given a certain compelling view of the nature of (...) moral reasons, the fundamental liberal principle presupposes a Kantian conception of morally autonomous agents. I then consider (§4) an implication of the fundamental liberal principle when applied to public morality and the law, viz. that an interference with liberty must be justified to everyone. This public justification principle, I argue, constitutes a version of Kant’s categorical imperative; thus liberalism is committed to not only autonomy of the will (§3) but a substantive morality of autonomy. By the end of section 4 I will have shown that liberal morality is committed to what may be broadly deemed a “Kantian” conception of moral autonomy. (shrink)

Under free institutions the exercise of human reason leads to a plurality of reasonable, yet irreconcilable doctrines. Rawls's political liberalism is intended as a response to this fundamental feature of modern democratic life. Justifying coercive political power by appeal to any one (or sample) of these doctrines is, Rawls believes, oppressive and illiberal. If we are to achieve unity without oppression, he tells us, we must all affirm a public political conception that is supported by these diverse reasonable doctrines. The (...) first part of this essay argues that the free use of human reason leads to reasonable pluralism over most of what we call the political. Rawls's notion of the political does not avoid the problem of state oppression under conditions of reasonable pluralism. The second part tries to show how justificatory liberalism provides (1) a conception of the political that takes seriously the fact that the free use of human reason leads us to sharply disagree in the domain of the political while (2) articulating a conception of the political according to which the coercive intervention of the state must be justified by public reasons. (shrink)

In this issue of Philosophical Studies, Richard Arneson, Jonathan Quong and Robert Talisse contribute papers discussing The Order of Public Reason (OPR). All press what I call “agent-type challenges” to the project of OPR. In different ways they all focus on a type (or types) of moral (or sometimes not-so-moral) agent. Arneson presents a good person who is so concerned with doing the best thing she does not truly endorse social morality; Quong a bad person who rejects it and violates (...) the basic rights of others, and Talisse a morally ugly person, a hypocrite, who criticizes others for failing to do what he does not do. All suggest that OPR does not give a satisfying account of what we are to say to, or how we should act towards, such agents. In my response I highlight some core concerns of OPR, while also seeking to show that OPR does not say quite what they think it says, and it often leaves them room for saying what they would like to say about such agents. (shrink)

This essay responds to the thoughtful essays on the Order of Public Reason (OPR) by Elvio Baccarini, Giulia Bistagnino and Nenad Miscevic. All three essays interrogate OPR’s understanding of moral theory - “meta” matters about the nature of morality, reasons and modeling within moral theories. I first turn to the general understanding of the moral enterprise underlying OPR, explaining why it takes a view at odds with the contemporary mainstream in moral philosophy. I then explain the idea of moral truth (...) in OPR: when it comes to social morality, moral truth is necessarily a function of what can be endorsed by some collectivity. Th is leads to a fundamental worry about theories of public reason: why is the endorsement of the public so important? And if some sort of public endorsement is really so terribly important, how can a theory of public reason withstand the fact that it advances its own controversial claims that cannot be publicly endorsed? After considering when public endorsement is necessary, and when public reason theories can make controversial claims, I close by considering in what way OPR does, and in what way it does not, employ a thought experiment, and the complexities of that. (shrink)

Justificatory liberalism is liberal in an abstract and foundational sense: it respects each as free and equal, and so insists that coercive laws must be justified to all members of the public. In this essay I consider how this fundamental liberal principle relates to disputes within the liberal tradition on “the extent of the state.” It is widely thought today that this core liberal principle of respect requires that the state regulates the distribution of resources or well-being to conform to (...) principles of fairness, that all citizens be assured of employment and health care, that no one be burdened by mere brute bad luck, and that citizens' economic activities must be regulated to insure that they do not endanger the “fair value” of rights to determine political outcomes. I argue in this essay: a large family of liberal views are consistent with the justificatory liberals project, from classical to egalitarian formulations ; overall, the justificatory project tilts in the direction of classical formulations. (shrink)

In this essay I sketch a philosophical argument for classical liberalism based on the requirements of public reason. I argue that we can develop a philosophical liberalism that, unlike so much recent philosophy, takes existing social facts and mores seriously while, at the same time, retaining the critical edge characteristic of the liberal tradition. I argue that once we develop such an account, we are led toward a vindication of “old” (qua classical) liberal morality—what Benjamin Constant called the “liberties of (...) the moderns.” A core thesis of the paper is that a regime of individual rights is crucial to the project of public justification because it disperses moral authority to individuals thus mitigating what I call the “burdens of justification.” Footnotesa Earlier versions of this essay were presented at the University of North Carolina, Chapel Hill, Philosophy Department workshop on the morality of capitalism, and at the conference on rights theory at the Murphy Institute, Tulane University. I am grateful for the comments of the participants; my special thanks to David Schmidtz, Julian Lamont, and Andrea Houchard for their useful written comments and suggestions. (shrink)

In the few decades a new conception of liberalism has arisen—the “public reason view” — which developed out of contractualist approaches to justifying liberalism. The social contract theories of Hobbes, Locke and Rousseau all stressed that the justification of the state depended on showing that everyone would, in some way, consent to it. By relying on consent, social contract theory seemed to suppose a voluntarist conception of political justice: what is just depends on what people choose to agree to — (...) what they will. As Hume famously pointed out, such accounts seem to imply that ultimately political justice derives from promissory obligations, which the social contract theory leaves unexplained.1 Only in Kant, I think, does it become clear that consent is not fundamental to a social contract view: we have a duty to agree to act according to the idea of the “original contract.”2 Rawls’s revival of social contract theory in A Theory of Justice also made no important appeal to consent, though the apparatus of an “original agreement” of sorts persisted. The aim of the original position, Rawls announced, is to settle “the question of justification…by working out a problem of deliberation.”3 As the question of public justification takes center stage (we might say as contractualist liberalism becomes justificatory liberalism), it becomes clear that posing the problem of justification in terms of a deliberative or a bargaining problem is simply a heuristic: the real issue.. (shrink)

A. Two conceptions of moral legitimacy Socialism, understood as the rejection of markets based on private property in favor of comprehensive centralized economic planning, is no longer a serious political option. If the core of capitalism is the organization of the economy primarily through market competition based on private property, then capitalism has certainly defeated socialism. Markets have been accepted—and central planning abandoned—throughout most of the “third world” and the formerly Communist states. In the advanced industrial states of the West, (...) Labor and “democratic socialist” parties have rejected socialism, having deregulated markets and privatized industries, utilities, and transport. The United Kingdom Labour Party’s 1945 manifesto declared it to be a “Socialist Party, and proud of it. Its ultimate aim is the establishment of the Socialist Commonwealth of Great Britain.”1 Today it insists that markets are a given. (shrink)

A central theme in F. A. Hayek’s work is the contrast between principles and expediency, and the insistence that governments follow abstract general principles rather than pursue apparently expedient social and economic policies that seek to make us better off.2 This is a radical and striking thesis, especially from an economist: governments should abjure the pursuit of social and economic policies that aim to improve welfare and, instead, adhere to moral principles. In this chapter I defend this radical claim. I (...) begin by explicating and defending Hayek’s argument against the pursuit of expediency based on his analysis of economic and social complexity. I then turn to a rather more critical examination of his evolutionary account of moral principles. (shrink)

The twin ideas at the heart of the social contract tradition are that persons are naturally free and equal, and that genuine political obligations must in some way be based on the consent of those obligated. The Lockean tradition has held that consent must be in the form of explicit choice; Kantian contractualism has insisted on consent as rational endorsement. In this paper I seek to bring the Kantian and Lockean contract traditions together. Kantian rational justification and actual choice are (...) complementary devices through which our freedom and equality can be reconciled with moral and political authority. We should not think that there is simply one way by which relations of moral and political authority can be reconciled with our status as free and equal. I defend three distinct devices through which freedom and authority may be reconciled: justification to others, social choice and promise. All three are aspects of the ?consent tradition? broadly construed. (shrink)

This essay responds to David Enoch’s “The Disorder of Public Reason,” published in a previous issue of Ethics. I seek to set the record straight on several of the many charges Enoch makes. More importantly, having clarified some of the more basic points, I make some preliminary efforts at identifying when his brand of moral realism and my version of public reason differ—and, perhaps, where they are more compatible than one might think.

This essay analyses optimal voting rules for one form of deliberative democracy. Drawing on public choice analysis, it is argued that the voting rule that best institutionalises deliberative democracy is a type of a supermajority rule. Deliberative democracy is also committed to the standard neutrality condition according to which if x votes are enough to select alternative A, x votes must be enough to select not-A. Taken together, these imply that deliberative democracy will often be indeterminate. This result shows that (...) deliberative democracy is ill-equipped to provide guidance as to how actual political disputes are to be legitimately resolved. (shrink)

As we read his work, John Rawls was developing an innovative approach to political philosophy, and Political Liberalism struggles with different ways to model these new insights. This article presents four models of political liberalism, particularly focusing on understanding the nature of overlapping consensus and its relation to public reason. Beyond clarifying Rawls’s insights, we aim to spur readers to reassemble the rich elements of Political Liberalism to produce tractable and enlightening models of political life among free and equal citizens (...) under conditions of deep diversity to advance the public reason project. (shrink)

The “welcome return” to “substantive political philosophy” that Rawls's A Theory of Justice was said to herald has resulted in forty years of proposals seeking to show that philosophical reflection leads to the demonstrable truth of almost every and any conceivable view of the justice of property rights. Select any view—from the justice of unregulated capitalist markets to the most extreme forms of egalitarianism—and one will find that some philosophers have proclaimed that rational reflection uniquely leads to its justice. This (...) is, I believe, a sort of ideological thinking masquerading as philosophizing. In this paper, using some tools from game theory as well as experimental findings, I seek to sketch a non-ideological approach to the question of the justification of property rights. On this approach the aim of political philosophy is, first and foremost, to reflect on whether our social rules of property are within the “optimal eligible set” of rules acceptable to all. (shrink)

Consider a stylized contrast between medical and business ethics. Both fields of applied ethics focus on a profession whose activities are basic to human welfare. Both enquire into obligations of professionals, and the relations between goals intrinsic to the profession and ethical duties to others and to the society. I am struck, however, by a fundamental difference: whereas medical ethics takes place against a background of almost universal consensus that the practice of medicine is admirable and morally praiseworthy, the business (...) profession is embedded within the framework of firms in a capitalist market economy, and for the last century and a half there has been sustained debate about the moral and economic justifiability of such an economy. To be sure, even under socialism there might be an “ethics of socialist managers,” and there would be some overlap between such an ethic and contemporary business ethics. Nevertheless, many of the characteristic problems of business ethics — e.g., what are the obligations of a corporation to its shareholders? — arise only in the context of a private property-based market economy. This raises a deep problem for business ethics: can one develop an account of ethical practices for an activity (i.e., business) while ignoring that the context in which this activity occurs (i.e., capitalism) is morally controversial? It is as if the work in medical ethics proceeded in the midst of widespread disagreement whether medicine was a good thing. Another way of thinking about the problem is: if one teaches business ethics, does this commit you to accepting that business can be ethical? And doesn’t this commit you to accepting that capitalism is justifiable?1 I suspect that this is a serious problem for many teachers of business ethics. Many were trained in academic philosophy, and within academic philosophy there are many who think — or at least suspect — that capitalism is basically unjust, or perhaps that only a greatly modified capitalism would be acceptable.. (shrink)

My concern in this essay is a family of liberal theories that I shall call “public reason liberalism,” which arose out of the social contract theories of Hobbes, Locke and Rousseau. These social contract accounts stressed that the justification of the state depended on showing that everyone would, in some way, consent to it. However, by relying on consent, social contract theory seemed to suppose a voluntarist conception of political obligation and authority: I am only bound by political authority if (...) I choose to be bound.1 Only in Kant, I think, does it become clear that consent is not fundamental to a social contract view: Kant insists that we have a duty to agree to act according to the idea of the “original contract.”2 Rawls’s revival of the social contract tradition in A Theory of Justice also made no important appeal to consent, though the apparatus of an “original agreement” of sorts persisted. The aim of the original position, Rawls announced, is to settle “the question of justification…by working out a problem of deliberation.”3 As the question of public justification takes center stage (we might say as contractualist liberalism becomes justificatory liberalism), it becomes clear that posing the problem of justification in terms of a deliberative or a bargaining problem is simply a heuristic: the real issue is “the problem of justification”4 — what principles can be justified to all reasonable persons. (shrink)

The Routledge Companion to Social and Political Philosophy is a comprehensive, definitive reference work, providing an up-to-date survey of the field, charting its history and key figures and movements, and addressing enduring questions as ...

From Mill to, most recently, Bryan Caplan, political and economic elites have been seen as the solution to the public’s ignorance and incompetence. In order to show that elites are actually more competent than the public, however, we would have to find out what type of knowledge is necessary to enact good public policy. The empirical evidence shows that economic experts have a slight advantage over the general public in knowledge of how to achieve policy goals. But, contrary to Caplan, (...) the evidence indicates that economists don’t possess significant predictive knowledge, and that general economic laws are of little help in predicting the magnitude of the effects of a specific policy in a multi‐variable, complex world. When we adopt a more complex understanding of the reasons behind policy choice, and consider rules and principles in addition to goal pursuit, the slight edge of economic experts evaporates. (shrink)

William Perm summarized the Magna Carta thus: “First, It asserts Englishmen to be free; that's Liberty. Secondly, they that have free-holds, that's Property.” Since at least the seventeenth century, liberals have not only understood liberty and property to be fundamental, but to be somehow intimately related or interwoven. Here, however, consensus ends; liberals present an array of competing accounts of the relation between liberty and property. Many, for instance, defend an essentially instrumental view, typically seeing private property as justified because (...) it is necessary to maintain or protect other, more basic, liberty rights. Important to our constitutional tradition has been the idea that “[t]he right to property is the guardian of every other right, and to deprive a people of this, is in fact to deprive them of their liberty.” Along similar lines, it has been argued that only an economic system based on private property disperses power and resources, ensuring that private people in civil society have the resources to oppose the state and give effect to basic liberties. Alternatively, it is sometimes claimed that only those with property develop the independent characters that are necessary to preserve a regime of liberty. But not only have liberals insisted that, property is a means of preserving liberty, they have often conceived of it as an embodiment of liberty, or as a type of liberty, or indeed as identical to liberty. This latter view is popular among contemporary libertarians or classical liberals. Jan Narveson, for instance, bluntly asserts that “Liberty is Property,” while John Gray insists that “[t]he connection between property and the basic liberties is constitutive and not just instrumental.”. (shrink)

Liberal political theory is all too familiar with the divide between classical and welfare-state liberals. Classical liberals, as we all know, insist on the importance of small government, negative liberty, and private property. Welfare-state liberals, on the other hand, although they too stress civil rights, tend to be sympathetic to “positive liberty,” are for a much more expansive government, and are often ambivalent about private property. Although I do not go so far as to entirely deny the usefulness of this (...) familiar distinction, I think in many ways it is misleading. In an important sense, most free-market liberals are also “welfare-state” liberals. I say this because the overwhelming number of liberals, of both the pro-market and the pro-government variety, entertain a welfarist conception of political economy. On this dominant welfarist view, the ultimate justification of the politico-economic order is that it promotes human welfare. Traditional “welfare-state liberals” such as Robert E. Goodin manifestly adopt this welfarist conception. But it is certainly not only interventionists such as Goodin who insist that advancing welfare is the overriding goal of normative political economy. J. R. McCulloch, one of the great nineteenth-century laissez-faire political economists, was adamant that “freedom is not, as some appear to think, the end of government: the advancement of public prosperity and happiness is its end.” To be sure, McCulloch would have disagreed with Goodin about the optimal welfare-maximizing economic policy: the welfarist ideal, he and his fellow classical political economists believed, would best be advanced by provision of a legal and institutional framework — most importantly, the laws of property, contract, and the criminal code — that allows individuals to pursue their own interests in the market and, by so doing, promote public welfare. In general, what might be called the “classical-liberal welfare state” claims to advance welfare by providing the framework for individuals to seek wealth for themselves, while welfarists such as Goodin insist that a market order is seriously flawed as a mechanism for advancing human welfare and, in addition, that government has the competency to “correct market failures” in the provision of welfare. (shrink)

William Perm summarized the Magna Carta thus: “First, It asserts Englishmen to be free; that's Liberty. Secondly, they that have free-holds, that's Property.” Since at least the seventeenth century, liberals have not only understood liberty and property to be fundamental, but to be somehow intimately related or interwoven. Here, however, consensus ends; liberals present an array of competing accounts of the relation between liberty and property. Many, for instance, defend an essentially instrumental view, typically seeing private property as justified because (...) it is necessary to maintain or protect other, more basic, liberty rights. Important to our constitutional tradition has been the idea that “[t]he right to property is the guardian of every other right, and to deprive a people of this, is in fact to deprive them of their liberty.” Along similar lines, it has been argued that only an economic system based on private property disperses power and resources, ensuring that private people in civil society have the resources to oppose the state and give effect to basic liberties. Alternatively, it is sometimes claimed that only those with property develop the independent characters that are necessary to preserve a regime of liberty. But not only have liberals insisted that, property is a means of preserving liberty, they have often conceived of it as an embodiment of liberty, or as a type of liberty, or indeed as identical to liberty. This latter view is popular among contemporary libertarians or classical liberals. Jan Narveson, for instance, bluntly asserts that “Liberty is Property,” while John Gray insists that “[t]he connection between property and the basic liberties is constitutive and not just instrumental.”. (shrink)

By , do philosophers actually succeed in corrupting philosophy?