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)

Critical notice of The Order of Public Reason by Gerald Gaus.

Gerald Gaus’s latest book achieves a remarkable, definitive development of the public reason project whose roots can be traced back to Locke and Kant and which had already attained its full expression in the later writing of John Rawls—or so we had thought! In fact Gaus takes a long step beyond Rawls.Gaus (2011). Page numbers enclosed in parentheses of the text refer to this book. For John Rawls on public reason, see especially his A Theory of (...) Justice (1999); also Rawls (1996). In my view we should have a raised eyebrows response to the public reason project, but this does not gainsay Gaus’s achievement in rigorously working out its implications. The book develops an account of the justified imposition of moral constraints and, following that, of justified political arrangements. These comments focus on the former.SummaryLike any genuinely original work, this one admits of quick summary. In everyday life, people make moral demands on each other, and claim a special authority in making. (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)

On a prominent family of views about the justification of legitimate policy-making (_public justification views_), considerations about the rights and well-being of nonhuman animals can only play a derivative role at best. On these views, these considerations matter only if they can figure in the content of the public reasons that citizens can offer each other. This thesis I call the Indirect View. Some authors have argued that this constitutes a reason to reject the ideal of public (...) justification, or at least to qualify it. It is unclear, however, whether public justification theorists will be persuaded by this. In this paper, I argue that they should. In order to do so, I focus on three justifications of the ideal of public justification that have been offered in the literature (justice, our reactive attitudes, and civic friendship), and contend that none of them supports the Indirect View. In some cases, this is because the value in question (e.g. justice) might indeed be extended to animals. In other cases, this is because there is often a trade-off between the values in play and considerations about the rights and well-being of animals in which the former do not always outweigh the latter. (shrink)

In the first part of the paper, Gaus’ ground for the ideal of persons as free and equal is described. Doubts are raised about the appropriateness of the use of his account of this ideal as endogenous to our moral practice. Th e worries are related to the use of the concept of having a reason that Gaus makes in his book, as well as to the aptness of his account of our moral practice from the viewpoint of our (...) moral phenomenology. Some doubts are raised in relation to the pertinence of Gaus’ concept of having a reason from the perspective of the motivation of the public reason project. In the second part of the paper, a summary is off ered of Gaus’ model of public justification and some of its consequences are discussed. Th e primary intention here is to show that, contrary to Gaus’ view, egalitarian liberalism, and not classical liberalism, is the most appropriate result of such a model of justification. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Martin Heidegger and OntologyEmmanuel Levinas (bio)The prestige of Martin Heidegger 1 and the influence of his thought on German philosophy marks both a new phase and one of the high points of the phenomenological movement. Caught unawares, the traditional establishment is obliged to clarify its position on this new teaching which casts a spell over youth and which, overstepping the bounds of permissibility, is already in vogue. For once, (...) Fame has picked one who deserves it and, for that matter, one who is still living. Anyone who has studied philosophy cannot, when confronted by Heidegger’s work, fail to recognize how the originality and force of his achievements, stemming from genius, are combined with an attentive, painstaking, and close working-out of the argument—with that craftsmanship of the patient artisan in which phenomenologists take such pride. In this study, it is important for us to understand, above all, the true intentions of our author, to illuminate what he thinks really needs to be said, and to surmise what is most critical for him.To get to the heart of Heidegger’s system, it seems fitting to begin with a problem that is generally familiar. We choose the problem of knowledge, a deeper understanding of which takes us to the very threshold of Heidegger’s thought. For this problem, central to modern philosophy, is one of the main obstacles of modern philosophy that Heidegger wishes to surmount. Neo-Kantianism, which takes knowledge as the philosophical problem of the first rank, is the movement against which Heidegger rebels with all his strength. We have, thus, every chance of gaining access to his thought by the main door, so to speak. Once inside the system we will try to trace its outlines, 2 reserving, for a second part of our work, the determination of Heidegger’s place in the history of ideas, especially in the phenomenological movement, as well as of his relations with the philosopher to whom he owes so much—Edmund Husserl. 31In its most general form, the problem of the theory of knowledge has a critical significance. It consists in delineating a domain where knowledge can be certain and in determining the criteria for the legitimate scope of knowledge. But this problem, as normal and as simple as it may appear, has deeper roots. That knowledge should need a criterion at all presupposes that truth is not identical to all that is known and that the course [End Page 11] of things can fail to correspond with the course of thought. “How does knowledge correspond to being?” is a more profound formulation of the problem of knowledge.But we are not going to touch anymore on the primordial phenomenon that generates the problem. The problem of correspondence between thing and thought presupposes a free activity of thought and its isolation in relation to the object. It is precisely this presupposition which renders their harmony and even their contact problematic. “How does the subject take leave of itself to attain the object?” is what the problem of knowledge, in the last analysis, boils down to. Its true source is thus the concept of “subject” as elaborated by modern philosophy. The cogito presided over the subject’s birth. The cogito was the affirmation of the privileged nature of the subject’s immanent sphere, of its unique place in existence; hence, the cogito was the specificity of the subject’s connection to the rest of reality, the sui generis nature which opens up the passage from immanence to transcendence, the passage from ideas contained in the thinking substance to 4 their “formal existence.”The concept of the subject, understood as a substance having a specific position in the entire domain of being, presents us with difficulties of two kinds. First, how do we understand this leave-taking from the self which the thinking substance brings about and which displays an entirely original aspect? Indeed, we could say that thought, in reaching out toward objects, does not actually take leave of itself, since its objects—considered as ideas and contents of thought—are, in a certain sense, already within it. In order to make sense of this paradox, Descartes... (shrink)

This is a book review of Gerald Gaus's book The Order of Public Reason: A Theory of Freedom and Morality in a Diverse and Bounded World.

This is a review of Gerald Gaus's recent book, _The Order of Public Reason_.

A well-ordered society faces a crisis whenever a sufficient number of noncompliers enter into the political system. This has the potential to destabilize liberal democratic political order. This article provides a formal analysis of two competing solutions to the problem of political stability offered in the public reason liberalism literature—namely, using public reason or using convergence discourse to restore liberal democratic political order in the well-ordered society. The formal analyses offered in this article show (...) that using public reason fails completely, and using convergent discourse, although doing better, has its own critical limitations that have not been previously recognized properly. (shrink)

Jerry Gaus is the most important philosopher of public reason since John Rawls. His path-breaking work on this topic has deeply influenced a large group of moral and political philosophers, a group to which I happily belong. In this short paper I examine one feature of the account developed in his incredibly rich and illuminating book, The Order of Public Reason.Gaus (2011), cited hereafter as OPR. I argue Gaus’s theory struggles to resolve a crucial question: (...) how can we be confident that public reason will yield a set of moral rules whose content is minimally acceptable?Gaus’s viewGiven pervasive disagreement about morality, how can we engage in the practice of morality—making demands on others and frequently enforcing those demands with coercive threats—in a way that also manages to respect others as free and equal interpreters of morality? One solution, which Gaus associates with Kant and Rawls, is to bracket all those beliefs or commitments that divide us, and construct a set of mo. (shrink)

A common objection to the idea of public reason is that it cannot resolve fundamental political issues because it excludes too many moral considerations from the political domain. Following an important but often overlooked distinction drawn by Gerald Gaus, there are two ways to understand this objection. First, public reason is often said to be inconclusive because it fails to generate agreement on fundamental political issues. Second, and more radically, some critics have claimed that public (...) reason is indeterminate because it cannot provide any citizen with sufficient reason(s) for making important political decisions. Against the first of these objections, I argue that the purpose of public reason is not to end reasonable disagreement. Rather, it is to provide a suitable framework of values and principles within which citizens may resolve their moral and political differences. Against the second objection, I argue, first, that the indeterminacy of public reason is much less common than its inconclusiveness; and, second, that there are second-order decision-making strategies that may enable citizens to cope with cases of indeterminacy. The incompleteness of public reason, whether it takes the form of inconclusiveness or indeterminacy, is not a reason for citizens to abandon their commitment to public justification. (shrink)

Rawlsian public reason requires public decisions to be justified through reasons that each citizen can accept as reasonable, free and equal. It has been objected that this model of public justification puts unfair burdens on marginalized groups. A possible version of the criticism is that the alleged unfairness is constituted by what Miranda Fricker and other authors call epistemic injustice. This form of injustice obtains when some agents are unjustly treated as not reliable, or when they (...) are deprived of epistemic resources to utter their claims or burdened when they need to express demands. I show that the Rawlsian model can stand the objection. Restricting justificatory reasons, at least when basic issues of human rights, liberties and opportunities are at stake, is needed in order to warrant a stable society as a fair system of cooperation among free and equal citizens. (shrink)

Why is it important for people to agree on and articulate shared reasons for just laws, rather than whatever reasons they personally find compelling? What, if any, practical role does public reason play in liberal democratic politics? We argue that the practical role of public reason can be better appreciated by examining the confluence of normative and positive political theory; the former represented here by liberal social contract theory of John Rawls and others, and the latter (...) by rational choice or game theory. Citizens in a diverse society face a practical as well as a moral problem. How can they have confidence that others will reciprocate their commitment to supporting governing principles that depart from their own ideal conceptions of truth and value in order to be reasonable to all? Citizens face a practical problem of mutual assurance that public reason helps them solve, and solve as a matter of common knowledge. The solution, on both views, requires citizens’ reciprocal commitment to basing law on a system of shared reasons. Both views place public reason at the core of liberal democratic politics in conditions of diversity, and for quite similar reasons. Our argument illustrates the complementary roles of positive and values-based analysis in constitutional design. (shrink)

Public reason views hold that the exercise of political power must be acceptable to all reasonable citizens. A growing number of philosophers argue that this reasonable acceptability principle (RAP) can be justified by appealing to the value of civic friendship. They claim that a valuable form of political community can only be achieved among the citizens of pluralistic societies if they refrain from appealing to controversial ideals and values when justifying the exercise of political power to one another. (...) This paper argues against such accounts. In order to justify RAP, one must explain and defend a conception of reasonableness. Civic friendship is unfit to perform this task, rendering it unable to ground public reason alone. Meanwhile, pluralist views that combine civic friendship with other considerations in order to specify RAP either fail or make civic friendship a spare wheel in the argument for public reason. (shrink)

Public reason liberalism takes as its starting point the deep and irreconcilable diversity we find characterizing liberal societies. This deep and irreconcilable diversity creates problems for social order. One method for adjudicating these conflicts is through the use of rights. This paper is about the ability of such rights to adjudicate disputes when perspectival disagreements—or disagreements over how to categorize objects in the world—obtain. We present both formal possibility and impossibility results for rights structures under varying degrees (...) of perspectival diversity. We show that though perspectival diversity appears to be a troubling problem for the prospect of stable social order, if rights are defined properly then disagreements can likely be resolved in a consistent manner, achieving social cooperation rather than conflict. (shrink)

Public reason in practice and theory -- False starts: unsuccessful justifications of public reason -- Respect for persons as a constraint on coercion -- Higher-order unanimity escape clause -- Civic friendship as a constraint on reasons for decision -- Public reason and (same-sex) marriage.

In recent years, debates about the legitimate place of religion in the public sphere have gained prominence in political theory. Departing from Rawls’s view of public reason, it has lately been argued that liberal regimes should not only be compatible with, but endorsing of, arguments originating in religious belief systems. Moreover, it has been maintained that the principle of political autonomy obliges every democratic order to enable all its citizens, be they secular or religious, to become (...) the authors of the laws to which they are subjected. Mere toleration, it is often said, strengthens social cohesion in the wrong way because it narrowly defines it as the product of bargaining processes, posited against the backdrop of power structures. The consensus many liberal defenders of religion in the public sphere wish to advance, however, aims at something radically dissimilar: particular institutions and arrangements need to be endorsed “for the right reasons”, i.e. based on arguments to which all citizens could hypothetically agree. This paper primarily grapples with the contractarian idea as a lens through which the legitimate place of religion in the public sphere is negotiated. I argue that the emphasis on “right reasons” is mistaken in an essential way: it underrates the impact of power structures on the ways in which particular institutions and arrangements are actually justified or criticized. I shall claim that public reason must rather be conceived in terms of a discursive and dynamic modus vivendi. This implies acknowledging the pervasiveness of power structures in society at all times, without giving up on the potential for deliberation among secular and religious citizens. As a case study, the paper looks into the findings of the Bouchard/Taylor commission in Québec (2007-2008) and maintains that the context-sensitive method used by the authors exemplifies this novel, more useful approach to public reason and modus vivendi. (shrink)

Andrew Lister’s Public Reason and Political Community is an important new contribution to the debate over political liberalism. In this article, I critically evaluate some of the central arguments of the book in order to assess the current state of public reason liberalism. I pursue two main objections to Lister’s work. First, Lister’s justification for public reason, which appeals to the value of civic friendship, fails to show why public reason liberalism (...) should be preferred to an alternative democratic theory that does not include public reason restrictions. Second, there are several important ambiguities and tensions within Lister’s view that he does not adequately resolve. His approach to them often takes public reason liberalism in directions that many of its advocates will reject. More work thus remains to be done by public reason liberals both to show why public reason restrictions are necessary and to resolve these tensions in a more satisfactory way. (shrink)

Gerald Gaus was one of the leading liberal theorists of the late twentieth and early twenty-first centuries. He developed a pioneering defence of the liberal order based on its unique capacity to handle diversity and disagreement, and he presses the liberal tradition towards a principled openness to pluralism and diversity. This book brings together Gaus's most seminal and creative essays in a single volume for the first time. It also covers a broad span of his career, including essays published (...) shortly before his death, and topics including reasonable pluralism, moral rights, public reason, and the redistributive state. The volume makes accessible the work of one of the most important recent liberal theorists. Many readers will find it of value, especially those in political philosophy, political science, and economics. (shrink)

Gerald Gaus was one of the leading liberal theorists of the late twentieth and early twenty-first centuries. He developed a pioneering defence of the liberal order based on its unique capacity to handle diversity and disagreement, and he presses the liberal tradition towards a principled openness to pluralism and diversity. This book brings together Gaus's most seminal and creative essays in a single volume for the first time. It also covers a broad span of his career, including essays published (...) shortly before his death, and topics including reasonable pluralism, moral rights, public reason, and the redistributive state. The volume makes accessible the work of one of the most important recent liberal theorists. Many readers will find it of value, especially those in political philosophy, political science, and economics. (shrink)

The paper is mainly concerned with the problem of whether the question of extension of lifespan may be included in the constitutional essentials of a well ordered society; either as a right that must be protected, or as a prohibition. More precisely, when put in the terms of a possible prohibition, the question is about whether there are reasons that may be endorsed in the basic legislative institutions of a society, as a matter of the constitutional essentials of a state, (...) as a ground for the prohibition of research or technological practice, with the aim of sensibly extending human lifespan. It may appear as obvious that, if the answer to this question is not positive, freedom to engage in these activities immediately follows. However, this is not true. Even if there is no possibility to establish a prohibition at the level of constitutional essentials, it may still be possible to legislate at lower levels for a prohibition. As a consequence, there is another problem, i.e. the question of whether we may establish, as a matter of constitutional essentials, the right to develop research , and make use of technological resources, with the aim of sensibly extending human lifespan. Two kinds of arguments are analysed. The one saying that extension of lifespan is damaging, because it threats human nature; and the one saying that extension of lifespan is not helpful, because it leads to a life of boredom and tediousness. (shrink)

In this chapter, I consider the prospects for deploying the concept of public reason in settling practical bioethical questions, focusing in particular on entitlements to healthcare. I begin by tracing the origins of the concept of public reason to the aspirations of the liberal political theorist to find a justification for the authority of government, which reconciles a basic belief in the autonomy of the individual with the legitimacy of the coercive institutions that create and govern (...) the public sphere. I then consider how the concept of public reason may be used in order to justify a universal entitlement to healthcare, paying particular attention to the work of Norman Daniels. Finally, I briefly consider the objection that an entitlement to healthcare grounded on such terms is insufficiently robust, because it downplays the values that healthcare encodes. I conclude by reflecting on whether the concept of public reason can be stretched to include a more robust conception of the value of health. (shrink)

Abstract“Reason of state” is a concept that is rarely used in contemporary legal and political philosophy, compared to everyday parlance; “public reason,” in contrast, is ubiquitous, especially in liberal philosophy, as a legitimacy‐conferring device. In this article it is argued that the unpopularity of the notion of “reason of state” is partly due to its notorious ambiguity. Three different usages of the notion can be identified: a “thin” usage (where “reason of state” is equivalent to (...) the common good); an “ironical” usage (where it is used pejoratively to denounce it as a pretext for application of illegitimate or illegal means); and a “pre‐emptive” usage (where “reason of state” functions as a legitimate second‐order exclusionary reason used to override otherwise mandatory first‐order rules of action). It is argued that only the “thin” usage is helpful in a by‐and‐large liberal‐democratic context. The article then discusses the main dilemmas related to the concept of public reason, especially in its most influential, Rawlsian interpretation, and defends the concept against common critiques. Finally, the two concepts of “reason of state” and public reason are compared, and it is argued that a “thin” usage of “reason of state” is functionally equivalent to public reason, and that both resonate with the theory of “input democracy” (focusing, as it does, on the legitimacy of reasons—or motivations—for applying coercive rules to individuals). The article also identifies a problematic feature of “reason of state”: its emphasis on the state as a privileged interpreter of such reasons and/or as identifying the pool of actors within which the “constituency” of public reason is ascertained. There are good reasons to resist both of these consequences: the former because of its potentially authoritarian consequences, the latter because of reasons provided by cosmopolitan political conceptions. (shrink)

Public reason is central to John Rawls’s political liberalism, as a mechanism for citizens to discuss about matters of common interest. Although free and equal, reasonable and rational, citizens of a democratic society disagree on their understanding of truth and right, giving rise to the fact of reasonable pluralism. Thus, Rawls works out an idea of public reason which allows citizens to argue about political matters and yet remaining divided in their comprehensive doctrines. On the other (...) hand, African culture has developed the practice of palaver as way of dealing with social and political questions of the community. Usually held under a tree, scholars believe that the palaver is the African version of deliberative democracy. In this article, I elaborate the two ideas and compare them in order to see whether they are completely opposite or whether they can enrich each other. Thus, the first section focuses on Rawls’s idea of public reason, the second explores the palaver practice and the last section compares them. (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 is central to John Rawls’s political liberalism, as a mechanism for citizens to discuss about matters of common interest. Although free and equal, reasonable and rational, citizens of a democratic society disagree on their understanding of truth and right, giving rise to the fact of reasonable pluralism. Thus, Rawls works out an idea of public reason which allows citizens to argue about political matters and yet remaining divided in their comprehensive doctrines. On the other (...) hand, African culture has developed the practice of palaver as way of dealing with social and political questions of the community. Usually held under a tree, scholars believe that the palaver is the African version of deliberative democracy. In this article, I elaborate the two ideas and compare them in order to see whether they are completely opposite or whether they can enrich each other. Thus, the first section focuses on Rawls’s idea of public reason, the second explores the palaver practice and the last section compares them. (shrink)

Public reason is central to John Rawls’s political liberalism, as a mechanism for citizens to discuss about matters of common interest. Although free and equal, reasonable and rational, citizens of a democratic society disagree on their understanding of truth and right, giving rise to the fact of reasonable pluralism. Thus, Rawls works out an idea of public reason which allows citizens to argue about political matters and yet remaining divided in their comprehensive doctrines. On the other (...) hand, African culture has developed the practice of palaver as way of dealing with social and political questions of the community. Usually held under a tree, scholars believe that the palaver is the African version of deliberative democracy. In this article, I elaborate the two ideas and compare them in order to see whether they are completely opposite or whether they can enrich each other. Thus, the first section focuses on Rawls’s idea of public reason, the second explores the palaver practice and the last section compares them. (shrink)

The article contributes to the discussion of political reasoning in general, and public reason in particular, analysed from the vantage point of comparative political theory. It aims to bring out the complexity and diversity of actual political reasoning, and it serves as a corrective to some over-simplified discussions of public reason, by defenders and critics alike. I argue that the notion of public reason can be extended to and is operative in non-liberal and religious (...) societies, with the acknowledgment that it needs to undergo a methodological metamorphosis in the process. This requires what I call multiple justificatory strategy, which allows the use of different justifications in order to respond to the plurality existing in society. However, there are certain qualifications in the use of multiple justifications. I argue that this leads to two important conclusions, that the functioning of an inclusive notion of public reason requires the strategy of multiple justifications, and it contests... (shrink)

RESUMO:Longe de ser uma simples inversão de valores ou transbordamento pulsional, a festa, por sua natureza coletiva e sua relação com a política, é, antes de tudo, uma cerimônia. Porque as pessoas se entregam ao espetáculo, a festa é, para Rousseau, a oportunidade de expressar a legitimidade política profunda que se enraiza, ao lado da liberdade envolvida no contrato, na unidade da natureza humana e de toda a natureza como ordem do mundo. Assim, a ordem está presente na festa, mesmo (...) como ordem política e social. Mas não está lá para ser respeitada em si mesma, ela não é mais do que um símbolo ou um veículo da ordem do mundo, à qual todos podem, na festa, se conectar. Portanto, existe o contentamento, e contentamento comum, em transportar-se, cada um, para o autor do seu ser, por meio de e na evidência coletiva do amor de si plenamente satisfeito. ABSTRACT:Far from being simply an inversion of values or pure instinctual overflow, the public celebration, by its collective nature and its relation to politics, is first and foremost a ceremony. For Rousseau, the reason that people give themselves over to the spectacle, the celebration, is that it is the opportunity for manifesting the profound political legitimacy which, aside from being rooted in the freedom involved in the contract, in rooted the unity of human nature and the whole of nature as the order of the world. This order is thus present in the celebration, even as social and political order. But the order is not there to be respected in itself; it is just a symbol or vehicle of world’s order, to which everyone may relate through the celebration. There is therefore enjoyment, and collective enjoyment, in each one transporting himself to the author of his being in and by the collective evidence of his fully satisfied love of self. (shrink)

This thesis discusses how societies should allocate clinical care resources. The first aim of the thesis is to defend the idea that clinical care resource allocation is a matter for deliberative democratic procedures. I argue that deliberative democracy is justified because of its ability to implement equal respect and autonomy. Furthermore, I address several in-principle objections to the project of applying deliberative democracy to clinical care resource allocation. Most notably, I respond to the narrow view of the scope of deliberative (...) democracy and the critiques of explicit rationing. -/- The second aim of the thesis is to determine what is required by deliberative democracy in clinical care resource allocation. I identify the general requirements that resource allocation agencies should meet, namely public reason, public involvement, transparency, accuracy and revisability. I then examine what is required by deliberative democracy with regard to two particularly salient specific topics, namely the substantive values that should govern resource allocation and the involvement of scientific experts in decision-making. -/- I demonstrate that public reason imposes severe constraints on the substantive values that should be employed. Most of these constraints are rooted in the idea that, under a regime of scarcity, public reason requires that resources be allocated so as to minimise the strongest complaint anyone may have. Out of the variety of values that are commonly proposed as relevant, only priority to the worst-off, ability to benefit, specialness of clinical care and cost are consistent with public reason. Turning to expert involvement, I argue that deliberative democracy can overcome several formidable threats, such as the opacity of expert opinions to laypersons and the tendency to hide uncertainty and disagreement from the public. I also discuss how my proposals on substantive values and expert involvement could be implemented, in order to add to the plausibility of my theory. (shrink)

ABSTRACTCitizens in John Rawls's well-ordered society face an assurance dilemma. They wish to act justly only if they are reasonably sure their fellow citizens will also act justly. According to Rawls, this assurance problem is solved through public reasoning. This paper argues that public reason cannot serve this function. It begins by arguing that one kind of incompleteness public reason faces that most Rawlsians grant is ubiquitous but unproblematic from a normative standpoint is problematic from (...) an assurance perspective: it makes it possible for citizens to argue for policy conclusions that are favored by their private interests, rather than justice. In response, perhaps the thing to do is structure deliberative democratic institutions such that citizens will always be incentivized to use public reasons to only argue for conclusions they believe are favored by justice. The paper proves that this is impossible by extending the Gibbard–Satterthwaite theorem. (shrink)

Liberalism Without Perfection elaborates a generally Rawlsian conception of public justification in order to defend antiperfectionist liberalism. This critical response raises questions about the link between the two parts of the project. On the hand, it is possible to reject that demand that reasons for political decisions pass a qualified acceptability requirement even if one is strictly opposed to paternalism. On the other hand, the commitment to public justifiability does not rule out all perfectionism, if there are (...) some claims about the good that are not reasonably rejectable. (shrink)

In this article I examine the main conceptions of public reason in contemporary political philosophy in order to set the frame for appreciating the novelty of the pragmatist understanding of public reason as based upon the notion of consequences and upon a theory of rationality as inquiry. The approach is inspired by Dewey but is free from any concern with history of philosophy. The aim is to propose a different understanding of the nature of (...) class='Hi'>public reason aimed at overcoming the limitations of the existing approaches. Public reason is presented as the proper basis for discussing contested issues in the broad frame of deep democracy. (shrink)

'Public reason' in Rawls's stipulated usage signifies propositions that can legitimately be used in deliberating on and deciding fundamental issues of political life and legislation because they are propositions which all citizens may reasonably be expected to endorse: their use is therefore fair (respects the moral principle of reciprocity) and preserves the public peace which is at risk from contests between comprehensive doctrines, contests exemplified by wars of religion. This attractive set of suggestions is ruined by irresoluable (...) ambiguities, truncation of reason's resources and of public discourse just when they are most needed, and incipient capitulation to some radical injustices. But public reason may nonetheless be an opportune phrase for conveying the gist of four permanently valid theses in the classical political thought that develops from Socrates/Plato to Aquinas and beyond. That tradition has been significantly modified by recognition that a human right to immunity of religious beliefs and acts from coercion extends – precisely by reason of the importance of finding and adhering to the truth about the divine source of reality and value – to mistaken as well as correct religious beliefs and practices. That immunity is subject to limitations necessary to preserve public order; likewise, a religion's legitimacy as a source of reasons for public actions is dependent on its willingness to foster genuine public discourse. Analogously, a political or legal philosophy's rational warrant is dependent on the compatibility of its theses with the worth of authentic discourse and the support they give to institutions, including the rule of law, which favour such discourse. Habermas's account of discourse ethics fails by overlooking some truths about discourse, truth and friendship that Plato made clear in Gorgias. And (the rule of) law, too, is most adequately understood as a product and articulation of public reason. (shrink)

A number of phenomena have lent a new complexity to the long-standing challenge of constructing a legitimate and stable political order. I contend that both legitimacy and integration under contemporary conditions ultimately hinge upon a form of public practical reasoning that departs considerably from the ones proposed by John Rawls, Jürgen Habermas and several deliberative democrats. I argue that the generalizability test that constitutes the cornerstone of most contemporary neo-Kantian theories of public reason should be abandoned (...) as a rule of public argumentation and be replaced by a norm of civic responsiveness towards minority claims. I not only suggest that a wider variety of reasons, motives and genres of speech needs to be admitted within the purview of public reason, but more fundamentally that generalizability cannot cogently be seen as anything more (or less) than a civic virtue. The underlying point of this article is that neo-Kantian theories of public reason work with a problematic conception of practical reason. I conclude by providing reasons, against some radical and agonistic democrats, why the language of public reasoning needs to be retained and renovated. Key Words: acknowledgement • agonistic democracy • deliberative democracy • generalizability • Habermas • pluralism • practical reason • public reason • Rawls • social integration. (shrink)

Reasonable individuals often share a rationale for a decision but, in other cases, they make the same decision based on disparate and often incompatible rationales. The social contract tradition has been divided between these two methods of solving the problem of social cooperation: must social cooperation occur in terms of common reasoning, or can individuals with different doctrines simply converge on shared institutions for their own reasons? For Hobbes, it is rational for all persons, regardless of their theological beliefs, to (...) consent to the sovereign's power. But for Locke, only Protestants with a shared theology could be party to the social contract. Rousseau thought that private reasons are not part of the general will, and in Kant's hypothetical contract, pure noumena reach common principles for the social order through the same reasoning process. In A Theory of Justice, John Rawls agreed with Rousseau and Kant: selecting the principles of justice requires modeling parties to the original position as having identical reasons. But in Political Liberalism, Rawls embraced the idea of an overlapping consensus, which accords distinct reasons justificatory force. (shrink)

Most political liberals argue that only rules, policies and institutions that are part of society’s basic structure need to be justified with so-called public reasons. Laws enacted outside this set are legitimate if and when public reasons can justify the procedure that selects them. I argue that this view is susceptible to known problems from social choice theory. However, there are resources within political liberalism that could address them. If the scope of public reason is extended (...) beyond the basic structure it could order people’s preferences in a way that circumvents the identified issues. (shrink)

With the publication of Political Liberalism, John Rawls inaugurated a new tradition in political philosophy often called public reason liberalism. Rawls argued that among liberal democratic cultures, our conception of ourselves as free and equal requires that we justify our attempts to coerce one another via the use of state power. Thus, a legitimate state is one whose coercion is publicly justified to all members of a well-ordered society. A publicly justified political order therefore satisfies what Rawls (...) called the ideal of public reason. The ideal of public reason has probably garnered more attention than any other aspect of Rawls's later work. (shrink)

Since the 1960s Christian ethics in Britain has become stronger, more theological, and more Protestant, so that its moral intelligence is now much more fully informed by the full range of theological premises. In the future, however, Christian ethics needs to make up certain recent losses: to re-engage with moral philosophy, in order to rebut the glib dismissal of religious ethics by popularising atheists; to read less philosophy and more history, in order to become plausible to public (...) policy-makers; and to revive the model of interdisciplinary work, in order both to understand the matter which it would interpret morally and to inject Christian analyses and judgements into the bloodstream of public discourse. (shrink)

Within democratic societies, a deep division exists over the nature of community and the grounds for political life. Should the political order be neutral between competing conceptions of the good life or should it be based on some such conception? This book addresses one crucial set of problems raised by this division: What bases should officials and citizens employ in reaching political decisions and justifying their positions? Should they feel free to rely on whatever grounds seem otherwise persuasive to (...) them, like religious convictions, or should they restrict themselves to "public reasons," reasons that are shared within the society or arise from the premises of liberal democracy? Kent Greenawalt argues that fundamental premises of liberal democracy alone do not provides answers to these questions, that much depends on historical and cultural contexts. After examining past and current practices and attitudes in the United States, he offers concrete suggestions for appropriate principles relevant to American society today. This incisive and timely analysis by one of our leading legal philosophers should attract a wide and diverse readership of scholars, practitioners, and concerned citizens. (shrink)

In this article I examine the main conceptions of public reason in contemporary political philosophy in order to set the frame for appreciating the novelty of the pragmatist understanding of public reason as based upon the notion of consequences and upon a theory of rationality as inquiry. The approach is inspired by Dewey but is free from any concern with history of philosophy. The aim is to propose a different understanding of the nature of (...) class='Hi'>public reason aimed at overcoming the limitations of the existing approaches. Public reason is presented as the proper basis for discussing contested issues in the broad frame of deep democracy. (shrink)

The likely adverse effects of climate change call for political action. In this paper, we argue that the public reason framework—with its insistence on justifiability to all reasonable citizens, in spite of their profound disagreements—despite initial misgivings recommends itself as a framework for debate and decisions pertaining to climate change. We address two possible stumbling blocks: the exclusion of non-anthropocentric points of view, and the controversy over intergenerational justice. We argue that public reason can deal with (...) these problems. Moreover, we argue that both strongly idealized and moderately idealized versions are able to address these issues. Moreover, public reason, as a family of views emphasizing disagreement and justifiability to all reasonable citizens, can help secure the stability of political orders, and hence contribute to sustained and demanding efforts to combat the adverse effects of climate change. (shrink)