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)

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)

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 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)

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)

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)

This essay examines two different modes of reasoning about justice: an individual mode in which each individual judges what we all ought to do and a social mode in which we seek to reconcile our judgments of justice so that we can share common rules of justice. Social contract theory has traditionally emphasized the second, reconciliation mode, devising a central plan to do so. However, I argue that because we disagree not only in our judgments of justice but also about (...) the degree of reconciliation justice calls for, the social contract presupposes a single, controversial, answer to the proper degree of reconciliation. In place of the social contract’s ‘top-down’ approach, this article explores the idea of self-organizing moral systems, in which each individual, acting on her own views of justice, responds to the decisions of others, forming systems of shared justice. Several basic agent-based models are explored to begin to understand the dynami... (shrink)

Compared to other debates in contemporary political philosophy, the light-to-heat ratio of discussions of neutrality has been somewhat dismal. Although most political philosophers seem to know whether they are for it or against it, there is considerable confusion about what “it” is. To be sure, some of this ambiguity has been noted, and at least partially dealt with, in the literature. Neutrality understood as a constraint on the sorts of reasons that may be advanced to justify state action is regularly (...) distinguished from “consequential neutrality”—that the effects of state policy must somehow be neutral.1 Yet interpretations of neutrality are far more diverse than most analyses recognize.2 Neutrality is sometimes understood as a doctrine about: the intent or aim of legislation or legislators,3 the proper functions of the state,4 the prohibition of the state “taking a stand” on some issues,5 the prohibition of the state enforcing moral character,6 or the requirement that the state take a stance of impartiality.7 Alternatively, neutrality can be understood as a requirement of a theory justice rather than state action.8 There are also differences about whether neutral states (or theories.. (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)

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)

Michael Moehler’s Minimal Morality is a wonderful and important book, from which I have learned a great deal. It reinvigorates rational choice moral theory in the process of confronting what I see as the most important issue in social and moral philosophy today: can those in a deeply morally divided society endorse a common moral framework to structure social cooperation? Is a rational moral order possible under conditions of deep and wide moral diversity? Minimal Morality’s answers are thoughtful and innovative. (...) I am not, however, entirely persuaded that Minimal Morality can fulfil its promise of grounding a cooperative order when ‘traditional’ modes moral justification cannot. (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 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.

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)

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)

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)

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)

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)

Public reason liberalism is a family of theories according to which liberal political institutions, social structures, and/or basic social rules are politically or morally justified if and only if they can be endorsed from the perspective of each and every free and equal "reasonable and rational" person. Let us call these persons "the members of the justificatory public." Public reason liberalism idealizes the members of the justificatory public in three senses. First, the members of the justificatory public are assumed to (...) be free from at least some of the cognitive distortions and biases that often characterize actual people; we suppose that they generally reason in a sound way on the basis of relevant information. Different versions of public reason liberalism press this idealization quite far, while others insist on a "moderate idealization." Secondly, the members of the justificatory public are idealized insofar as it is assumed that each is a good-willed person, concerned with living with others on terms that are mutually acceptable. In Rawls's language, we suppose that they are not simply rational, but "reasonable": they have a form of "moral sensibility" according to which they are ready to propose fair terms of cooperation, and are willing to abide by them "provided others can be relied on to do likewise." The members of the justificatory public are thus idealized insofar as they are assumed to be moved by their sense of justice, or their aim to respect others as free and equal persons. This leads to a third idealization: by assuming that the members of the justificatory public are moved by this moral sensibility, it is supposed that they do not pay attention to their reasons to ignore their sense of justice . More generally, any specific version of public reason liberalism will hold that some reasons of actual people are not relevant to the justificatory question: the members of the justificatory public "bracket" these reasons in their deliberations. (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)

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)

In a number of works, I have argued that social morality—a system of internalized “social-moral rules”—is fundamental to human social cooperation. Russell Hardin disputed this, arguing instead for the primacy of conventions, based largely on self-interest, in developing cooperative social order. This chapter considers three challenges for my view raised by Hardin. The chapter commences by considering small-scale cooperation; I believe that the evidence indicates that even in very small groups of face-to-face cooperators, the internalization of moral rules is fundamental (...) to their cooperation and cheater suppression. I then consider Hardin’s charge that accounts of social cooperation based on moral rules, in which individuals act on the rules despite their interests, are stuck with invoking a variety of somewhat dubious and weak “claims of moral commitment or shared values through [to] Rawls’s magical ‘addition of the sense of justice and moral sentiment’ to make justice work at a large scale.” I argue that the evidence in support of internalized rule compliance, even in the face of high costs to personal interests, is impressive, and the underlying mechanisms are not mysterious. Lastly, I briefly turn to the fundamental issue of how social morality functions in large-scale settings and, importantly, whether it is largely displaced by formal legal and political institutions. (shrink)

The distinction between ‘comprehensive’ and ‘political’ liberalisms, explored in the previous chapter, has become central to contemporary political theory. My aim in this chapter is to examine various ‘comprehensive’ liberalisms, with particular care to identifying in what sense they are comprehensive. As I have argued elsewhere (Gaus, 2003: chap. 7), the distinction between political and comprehensive liberalisms is elusive. Rawls repeatedly describes as ‘comprehensive’ ‘philosophical’, ‘moral’ and ‘religious’ ‘doctrines’ (1996: xxv, 4, 36, 38, 160) or ‘beliefs’ (1996: 63). Indeed, so (...) often does Rawls characterize comprehensiveness in terms of moral, religious and philosophical doctrines or beliefs that a reader may be tempted to conclude that doctrine C is comprehensive if and only if it is a moral, religious or philosophical doctrine or belief. But though it is tempting to understand ‘comprehensive conceptions’ in this way, it would be wrong. Rawls is clear that ‘the distinction between the political conception and other moral conceptions is a matter of scope; that is, the range of subjects, to which a conception applies and the content a wider range requires’ (1996: 13). Comprehensive and general doctrines cover a wide range of topics, values and ideals applicable to various areas of life. Even given the terms of Rawls’s own analyses, rather than conceiving of comprehensive liberalisms as all relying on a fully comprehensive doctrine, it is better to conceive of them in terms of a spectrum of theories, from those that rely on something like a fully comprehensive view to those that rely on, say, only a general theory of the right. In this chapter I shall focus on the following versions of comprehensive liberalism. (shrink)

Eric Mack’s “Inside Public Reason” is thorough and fair-minded review of The Order of Public Reason. My deep thanks to him for his insights, as well as his judiciousness. In these remarks I cannot take up all the important matters he raises; in particular I put aside two important issues—the analysis of the political and discussion of how contingent social processes play a fundamental role in public justification . I plan to take up the latter on another occasion.

In an important essay Charles Larmore tells us that Kant and Mill sought to justify the principle of political neutrality by appealing to ideals of autonomy and individuality. By remaining neutral with regard to controversial views of the good life, constitutional principles will express, according to them, what ought to be of supreme value throughout the whole of our life.1 On Larmore’s influential reading, Mill defended what we might call first-level neutrality: Millian principles determining justified legal (and, we might add, (...) social) intervention are neutral between competing conceptions of the good life. However, Larmore insists that Millian neutral political principles do not posses second-level neutrality: they do not have a neutral justification. The problem with Mill’s valuebased defense of liberalism,” Larmore insists, is that because the value of individuality is “far from uncontroversial,” 2 Mill’s case liberalism is open to reasonable objection. In contrast Larmore and, of course, John Rawls, seek to develop a “political liberalism” that defends liberal neutrality without appeal to a “general ‘philosophy of man’ or a ‘comprehensive moral ideal’.”3 The justification of liberal principles “must be acceptable by reasonable people having different views of the good life, not just those who share, for example, Mill’s ideal of the person.”4 Liberals, argues Larmore, need “a neutral justification of neutrality.”5.. (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)

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)

Part One of this essay considered familiar ways of characterizing deontology, which focus on the notions of the good and the right. Here we will take up alternative approaches, which stress the type of reasons for actions that are generated by deontological theories. Although some of these alternative conceptualizations of deontology also employ a distinction between the good and the right, all mark the basic contrast between deontology and teleology in terms of reasons to act.

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)

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)

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)