John Rawls's transition from A Theory of Justice to Political Liberalism was driven by his rejection of Theory's account of stability. The key to his later account of stability is the idea of public reason. We see Rawls's account of stability as an attempt to solve a mutual assurance problem. We maintain that Rawls's solution fails because his primary assurance mechanism, in the form of public reason, is fragile. His conception of public reason relies on a condition of consensus that (...) we argue is unrealistic in modern, pluralistic democracies. After rejecting Rawls's conception of public reason, we offer an ‘indirect alternative’ that we believe is much more robust. We cite experimental evidence to back up this claim. (shrink)

For contractarians, justice is the result of a rational bargain. The goal is to show that the rules of justice are consistent with rationality. The two most important bargaining theories of justice are David Gauthier’s and those that use the Nash’s bargaining solution. I argue that both of these approaches are fatally undermined by their reliance on a symmetry condition. Symmetry is a substantive constraint, not an implication of rationality. I argue that using symmetry to generate uniqueness undermines the goal (...) of bargaining theories of justice. (shrink)

Public reason theories are characterized by three conditions: constructivism, representation, and stability. Constructivism holds that justification does not rely on any antecedent moral or political values outside of the procedure of agreement. Representation holds that the reasons for the choice in the model must be rationally explicable to real agents outside the model. Stability holds that the principles chosen in the procedure should be stable upon reflection, especially in the face of diversity in a pluralistic society. Choice procedures that involve (...) at least two-stages with different information, as Rawls’s theory does, will be path-dependent and not meet the condition of representation since it will not be globally coherent. Attempts to solve this problem without eliminating the segmentation of choice in the procedure will run afoul of constructivism or stability. This problem is instructive because it highlights how public reason theories must evolve in the face of increased concerns about diversity. (shrink)

In Rescuing Justice and Equality G.A. Cohen argues that justice requires an uncompromising commitment to equality. Cohen also argues, however, that justice must be sensitive to other values, including a robust commitment to individual freedom and to the welfare of the community. We ask whether a commitment to these other values means that, despite Cohen’s commitment to equality, his view requires that we make room for inequality in the name of justice? We argue that even on Cohen’s version of egalitarianism (...) equality, freedom, and welfare are not always compatible. Justice will require trade-offs between these values. Sometimes, equality will need to be sacrificed. This is a surprising result and to show it, we use two informal impossibility proofs drawn from examples in Rescuing Justice and Equality. (shrink)

In Rescuing Justice and Equality G.A. Cohen argues that justice requires an uncompromising commitment to equality. Cohen also argues, however, that justice must be sensitive to other values, including a robust commitment to individual freedom and to the welfare of the community. We ask whether a commitment to these other values means that, despite Cohen’s commitment to equality, his view requires that we make room for inequality in the name of justice? We argue that even on Cohen’s version of egalitarianism (...) equality, freedom, and welfare are not always compatible. Justice will require trade-offs between these values. Sometimes, equality will need to be sacrificed. This is a surprising result and to show it, we use two informal impossibility proofs drawn from examples in Rescuing Justice and Equality. (shrink)

We present a theory of honor violence as a form of costly signaling. Two types of honor violence are identified: revenge and purification. Both types are amenable to a signaling analysis whereby the violent behavior is a signal that can be used by out-groups to draw inferences about the nature of the signaling group, thereby helping to solve perennial problems of social cooperation: deterrence and assurance. The analysis shows that apparently gratuitous acts of violence can be part of a system (...) of norms that are Pareto superior to alternatives without such signals. For societies that lack mechanisms of governance to deter aggression or to enforce contracts, norms of honor can be a rational means of achieving these functions. The theory also suggests that cultures can become trapped in inefficient equilibria owing to path-dependent phenomena. In other words, costly signals of honor may continue to be sent even when they are no longer providing useful information. (shrink)

Epicurean contractarianism is an attempt to reconcile individualistic hedonism with a robust account of justice. The pursuit of pleasure and the requirements of justice, however, have seemed to be incompatible to many commentators, both ancient and modern. It is not clear how it is possible to reconcile hedonism with the demands of justice. Furthermore, it is not clear why, even if Epicurean contractarianism is possible, it would be necessary for Epicureans to endorse a social contract. I argue here that Epicurean (...) contractarianism is both possible and necessary once we understand Epicurean practical rationality in a new way. We are left with an appealing version of teleological, individualistic contractarianism that is significantly different from Hobbesian contractarianism. (shrink)

Ordered social life requires rules of conduct that help generate and preserve peaceful and cooperative interactions among individuals. The problem is that these social rules impose costs. They prohibit us from doing some things we might see as important and they require us to do other things that we might otherwise not do. The question for the contractarian is whether the costs of these social rules can be rationally justified. I argue that traditional contract theories have tended to underestimate the (...) importance of evaluating the cost of enforcement and compliance in the contract procedure. In addition, the social contract has been understood narrowly as a method of justifying specifically moral or political rules. I defend a broader version of contractarianism as a justificatory model that can be used to evaluate any set of social rules or institutions that impose costson agents. In so doing, I argue that contractarianism is a general method of evaluating and justifying the rules that order the structure of social life. (shrink)