Results for 'Public Justification'

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  1.  49
    In Defence of Intelligible Reasons in Public Justification.Kevin Vallier - 2016 - Philosophical Quarterly 66 (264):596-616.
    Mainstream political liberalism holds that legal coercion is permissible only if it is based on reasons that all can share, access or accept. But these requirements are subject to well-known problems. I articulate and defend an intelligible reasons requirement as an alternative. An intelligible reason is a reason that all suitably idealized members of the public can see as a reason for the person who offers it according to that person’s own evaluative standards. It thereby permits reasons into (...) justification that all cannot share, access, or accept, and so contrasts with standard approaches to public justification. The intelligible reasons requirement has two striking implications. First, it severs the connection between public justification and principles of deliberative restraint. Second, it pushes political liberals to appeal to other political processes to publicly justify law, specifically bargaining, adjudication, and social evolution. (shrink)
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  2. Coercion and Public Justification.Colin Bird - 2013 - Politics, Philosophy and Economics (3):1470594-13496073.
    According to recently influential conceptions of public reasoning, citizens have the right to demand of each other ‘public justifications’ for controversial political action. On this view, only arguments that all reasonable citizens can affirm from within their diverse ethical standpoints can count as legitimate justifications for political action. Both proponents and critics often assume that the case for this expectation derives from the special justificatory burden created by the systematically coercive character of political action. This paper challenges that (...)
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  3. The Separateness of Persons: A Moral Basis for a Public Justification Requirement.Jason Tyndal - 2017 - Journal of Value Inquiry 51 (3):491-505.
    In morally grounding a public justification requirement, public reason liberals frequently invoke the idea that persons should be construed as “free and equal.” But this tells us little with regard to what it is about us that makes us free or how a claim about our status as persons can ultimately ground a requirement of public justification. In light of this worry, I argue that a public justification requirement can be grounded in a (...)
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  4.  2
    Coerecion and the Subject Matter of Public Justification.James W. Boettcher - 2016 - Public Reason 8 (1-2).
    Some public reason liberals identify coercive law as the subject matter of public justification, while others claim that the justification of coercion plays no role in motivating public justification requirements. Both of these views are mistaken. I argue that the subject matter of public justification is not coercion or coercive law but political decision-making about the basic institutional structure. At the same time, part of what makes a public justification principle (...)
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  5. Public Justification, Inclusion, and Discursive Equality.Thomas M. Besch - 2018 - Dialogue 57 (3):591-614.
    The paper challenges the view that public justification sits well with emancipatory and egalitarian intuitions. I distinguish between the depth, scope and the purchase of the discursive standing that such justification allocates, and situate within this matrix Rawls’s view of public justification. A standard objection to this view is that public justification should be more inclusive in scope. This is both plausible and problematic in emancipatory and egalitarian terms. If inclusive public (...) allocates discursive standing that is rich in purchase, as seems desirable in emancipatory terms, it may be unable to allocate equal standing to all relevant people. And if it is to allocate equal standing, then the equality of that standing should be construed in terms that allow for unequal discursive purchase. (shrink)
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  6.  53
    Public Justification Versus Public Deliberation: The Case for Divorce.Kevin Vallier - 2015 - Canadian Journal of Philosophy 45 (2):139-158.
    I drive a wedge between public deliberation and public justification, concepts tightly associated in public reason liberalism. Properly understood, the ideal of public justification imposes no restraint on citizen deliberation but requires that those who have a substantial impact on the use of coercive power, political officials, advance proposals each person has sufficient reason to accept. I formulate this idea as the Principle of Convergent Restraint and apply it to legislators to illustrate the general (...)
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  7.  57
    Against the Asymmetric Convergence Model of Public Justification.James W. Boettcher - 2015 - Ethical Theory and Moral Practice 18 (1):191-208.
    Compared to standard liberal approaches to public reason and justification, the asymmetric convergence model of public justification allows for the public justification of laws and policies based on a convergence of quite different and even publicly inaccessible reasons. The model is asymmetrical in the sense of identifying a broader range of reasons that may function as decisive defeaters of proposed laws and policies. This paper raises several critical questions about the asymmetric convergence model and (...)
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  8.  20
    In Defense of the Asymmetric Convergence Model of Public Justification: A Reply to Boettcher.Kevin Vallier - 2016 - Ethical Theory and Moral Practice 19 (1):255-266.
    This piece defends the asymmetric convergence approach to public justification against James Boettcher's recent critique.
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  9. Legitimacy, Democracy and Public Justification: Rawls' Political Liberalism Versus Gaus' Justificatory Liberalism.Enzo Rossi - 2014 - Res Publica 20 (1):9-25.
    Public justification-based accounts of liberal legitimacy rely on the idea that a polity’s basic structure should, in some sense, be acceptable to its citizens. In this paper I discuss the prospects of that approach through the lens of Gerald Gaus’ critique of John Rawls’ paradigmatic account of democratic public justification. I argue that Gaus does succeed in pointing out some significant problems for Rawls’ political liberalism; yet his alternative, justificatory liberalism, is not voluntaristic enough to satisfy (...)
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  10. Political Liberalism and Public Justification: The Deep View.Thomas M. Besch - manuscript
    The paper suggests the deep view of Rawls-type public justification as promising, non-ideal theory variant of an internal conception of political liberalism. To this end, I demonstrate how the deep view integrates a range of ideas, views and commitments at the core of political liberalism’s justification structure, including pro tanto justification, full justification, political values and their priority, justificatory neutrality, the role of reasonable comprehensive views, the nature public reasons, the wide view of (...) political culture, the role of overlapping consensus and political legitimacy, and not least, the status of reflective equilibrium and the Original Position. I then contrast the deep view with Quong’s ideal theory variant if the internal conception, and argue that we should prefer the deep view. Thus, the prospects of political liberalism depend not so much on whether we find ways to make ideal theory relevant for non-ideal purposes. Rather, it depends on whether political liberalism can devise a credible response to the problem of public dogma. (shrink)
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  11.  25
    Public Justification.Kevin Vallier - forthcoming - Stanford Encyclopedia of Philosophy.
    Explains the concept and conceptions of public justification found in the philosophy and political theory literatures.
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  12.  47
    The Idea of Public Justification in Rawls's Law of Peoples.Tarek Hayfa - 2004 - Res Publica 10 (3):233-246.
    The article examines Rawlss Law of Peoples as an attemptto extend the conception of public justification originallydeveloped in Political Liberalism to the internationaldomain. After briefly sketching the main elements of Rawlssconception of public justification, the article examineshow this is developed in Law of Peoples, pointingout the main differences with the domestic case. The articlethen tries to show that Rawlss justificatory strategy containsa number of inconsistencies which undermine the persuasivenessof the conception of international justice he advocates. Thisin (...)
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  13.  20
    Compromise, Peace and Public Justification: Political Morality Beyond Justice.Fabian Wendt - 2016 - London: Palgrave Macmillan.
    This book explores the morality of compromising. The author argues that peace and public justification are values that provide moral reasons to make compromises in politics, including compromises that establish unjust laws or institutions. He explains how it is possible to have moral reasons to agree to moral compromises and he debates our moral duties and obligations in making such compromises. The book also contains discussions of the sources of the value of public justification, the relation (...)
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  14.  93
    The Irrelevance of Democracy to the Public Justification of Political Authority.Dean J. Machin - 2009 - Res Publica 15 (2):103-120.
    Democracy can be a means to independently valuable ends and/or it can be intrinsically (or non-instrumentally) valuable. One powerful non-instrumental defence of democracy is based on the idea that only it can publicly justify political authority. I contend that this is an argument about the reasonable acceptability of political authority and about the requirements of publicity and that satisfying these requirements has nothing to do with whether a society is democratic or not. Democracy, then, plays no role in publicly justifying (...)
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  15.  71
    Public Justification and the Reactive Attitudes.Anthony Taylor - 2018 - Politics, Philosophy and Economics 17 (1):97-113.
    A distinctive position in contemporary political philosophy is occupied by those who defend the principle of public justification. This principle states that the moral or political rules that govern our common life must be in some sense justifiable to all reasonable citizens. In this article, I evaluate Gerald Gaus’s defence of this principle, which holds that it is presupposed by our moral reactive attitudes of resentment and indignation. He argues, echoing P.F. Strawson in ‘Freedom and Resentment’, that these (...)
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  16. Justification, Coercion, and the Place of Public Reason.Chad Van Schoelandt - 2015 - Philosophical Studies 172 (4):1031-1050.
    Public reason accounts commonly claim that exercises of coercive political power must be justified by appeal to reasons accessible to all citizens. Such accounts are vulnerable to the objection that they cannot legitimate coercion to protect basic liberal rights against infringement by deeply illiberal people. This paper first elaborates the distinctive interpersonal conception of justification in public reason accounts in contrast to impersonal forms of justification. I then detail a core dissenter-based objection to public reason (...)
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  17. Convergence Liberalism and the Problem of Disagreement Concerning Public Justification.Paul Billingham - 2017 - Canadian Journal of Philosophy 47 (4):541-564.
    The ‘convergence conception’ of political liberalism has become increasingly popular in recent years. Steven Wall has shown that convergence liberals face a serious dilemma in responding to disagreement about whether laws are publicly justified. What I call the ‘conjunctive approach’ to such disagreement threatens anarchism, while the ‘non-conjunctive’ approach appears to render convergence liberalism internally inconsistent. This paper defends the non-conjunctive approach, which holds that the correct view of public justification should be followed even if some citizens do (...)
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  18.  32
    The Pure Theory of Public Justification.Steven Wall - 2016 - Social Philosophy and Policy 32 (2):204-226.
    :The ideal of public justification holds, at a minimum, that the most fundamental political and legal institutions of a society must be publicly justified to each of its members. This essay proposes and defends a new account of this ideal. The account defended construes public justification as an ideal of rational justification, one that is grounded in the moral requirement to respect the rational agency of persons. The essay distinguishes two kinds of justifying reasons that (...)
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  19.  57
    Public Justification and the Limits of State Action.Andrew Lister - 2010 - Politics, Philosophy and Economics 9 (2):151-175.
    One objection to the principle of public reason is that since there is room for reasonable disagreement about distributive justice as well as about human flourishing, the requirement of reasonable acceptability rules out redistribution as well as perfectionism. In response, some justificatory liberals have invoked the argument from higher-order unanimity, or nested inclusiveness. If it is not reasonable to reject having some system of property rights, and if redistribution is just the enforcement of a different set of property rights, (...)
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  20. The Burdens of Public Justification: Constructivism, Contractualism, and Publicity.Samuel Freeman - 2007 - Politics, Philosophy and Economics 6 (1):5-43.
    The publicity of a moral conception is a central idea in Kantian and contractarian moral theory. Publicity carries the idea of general acceptability of principles through to social relations. Without publicity of its moral principles, the intuitive attractiveness of the contractarian ideal seems diminished. For it means that moral principles cannot serve as principles of practical reasoning and justification among free and equal persons. This article discusses the role of the publicity assumption in Rawls’s and Scanlon’s contractualism. I contend (...)
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  21.  6
    Two Misunderstandings About Public Justification and Religious Reasons.Aurélia Bardon - 2018 - Law and Philosophy 37 (6):639-669.
    Two important objections have been raised against exclusivist public reason. First, it has been argued that EPR entails an unjust burden for citizens who want to appeal to non-public reasons, especially religious reasons. Second, it has been argued that EPR is based on a problematic conception of religious reasons and that it ignores the fact that religious reasons can be public as well. I defend EPR against both objections. I show that the first objection conflates two ideas (...)
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  22.  14
    Why the Facts Matter to Public Justification.Philip Shadd - 2015 - Critical Review 27 (2):198-212.
    ABSTRACTIt is often held that disagreement over non-normative facts is less significant to the project of public justification than disagreement over relevant moral norms. But this dismissal of non-normative factual disagreement is unjustified—an ad hoc attempt to save the ideal of public justification from the endemic actual disagreement that threatens it. Disagreement over norms is relevant to political legitimacy; so, too, is disagreement over facts. I draw two implications from this point. First, inasmuch as accounts of (...)
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  23.  92
    Is There a Right to Polygamy? Marriage, Equality and Subsidizing Families in Liberal Public Justification.Andrew March - 2011 - Journal of Moral Philosophy 8 (2):246-272.
    This paper argues that the four most plausible arguments compatible with public reason for an outright legal ban on all forms of polygamy are unvictorious. I consider the types of arguments political liberals would have to insist on, and precisely how strongly, in order for a general prohibition against polygamy to be justified, while also considering what general attitude towards "marriage" and legal recognition of the right to marry are most consistent with political liberalism. I argue that a liberal (...)
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  24. Public Justification of What? Coercion Vs. Decision as Competing Frames for the Basic Principle of Justificatory Liberalism.Andrew Lister - 2011 - Public Affairs Quarterly 25 (4):349-365.
    Broadly speaking, the principle of public justifiability requires that the exercise of political power be justifiable to each and every person over whom that power is exercised. The idea of being justifiable to every person means being acceptable to any reasonable or otherwise qualified person, without such persons having to give up the comprehensive religious or philosophical doctrine they reasonably espouse. Public justifiability thus involves a partly idealized unanimity requirement, or as I will say, a criterion of multi-perspectival (...)
     
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  25.  32
    Public Justification of What? Coercion Vs. Decision as Competing Frames for the Basic Principle of Justificatory Liberalism.Andrew Lister - 2011 - Public Affairs Quaterly 25 (4):349-367.
    Broadly speaking, the principle of public justifiability requires that the exercise of political power be justifiable to each and every person over whom that power is exercised. The idea of being justifiable to every person means being acceptable to any reasonable or otherwise qualified person , without such persons having to give up the comprehensive religious or philosophical doctrine they reasonably espouse. Public justifiability thus involves a partly idealized unanimity requirement, or as I will say, a criterion of (...)
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  26.  47
    What Lies Beyond Same-Sex Marriage? Marriage, Reproductive Freedom and Future Persons in Liberal Public Justification.Andrew F. March - 2010 - Journal of Applied Philosophy 27 (1):39-58.
    In this article I consider whether the legalization of sex-same marriage implies a right to incestuous marriage. I begin by suggesting that the liberal state get out of the 'marriage' business by leveling down to a universal civil union status. The question is then whether incestuous unions should be both legal and eligible for this status. I argue that the arguments compatible with public reason for prohibiting them outright, or even for excluding them from the permissible types of legally (...)
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  27.  4
    What Lies Beyond Same‐Sex Marriage? Marriage, Reproductive Freedom and Future Persons in Liberal Public Justification.Andrew F. March - 2010 - Journal of Applied Philosophy 27 (1):39-58.
    abstractIn this article I consider whether the legalization of sex‐same marriage implies a right to incestuous marriage. I begin by suggesting that the liberal state get out of the ‘marriage’ business by leveling down to a universal civil union status. The question is then whether incestuous unions should be both legal and eligible for this status. I argue that the arguments compatible with public reason for prohibiting them outright, or even for excluding them from the permissible types of legally (...)
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  28.  35
    Public Justification and the Right to Private Property: Welfare Rights as Compensation for Exclusion.Corey Brettschneider - 2012 - The Law and Ethics of Human Rights 6 (1):119-146.
    The right to private property is among the most fundamental in liberal theory. For many liberals the idea of the state is grounded in its role as a protector of private property. If the liberal state is justified by its ability to protect property, the modern welfare state is often justified by its ability to meet needs. According to a view commonly referred to as “welfarism,” the very fact that needs exist implies there is a moral obligation to meet them. (...)
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  29.  80
    Marriage, Sex and Future Persons in Liberal Public Justification: Is There a Right to Incest?Andrew F. March - unknown
    In this article I consider whether there a right to incestuous marriage. I begin by suggesting that the liberal state get out of the "marriage" business by leveling down to a universal civil union or "registered domestic partnership" status. Removing the symbolism of the term "marriage" from political conflict, privatizing it in the same way as religion, would have the advantage of both consistency and political reconciliation. The question is then whether incestuous unions should be both legal and eligible for (...)
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  30.  64
    Marriage, Equality and Subsidizing Families in Liberal Public Justification: Is There a Right to Polygamy?Andrew F. March - unknown
    This essay argues that the four most plausible arguments compatible with public reason for an outright legal ban on all forms of polygamy are unvictorious. My purpose is not to survey exhaustively the empirical literature on contemporary forms of polygamy, but to tease out the types of arguments political liberals would have to insist on, and precisely how strongly, in order for a general prohibition against polygamy to be justified. The most common objection to polygamy is on grounds of (...)
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  31. The Public Perspective: Public Justification and the Ethics of Belief.Maria Paola Ferretti - 2018 - Rowman & Littlefield International.
    This book argues that we can find the resources to build a public perspective if we make two commitments: to respect people as autonomous agents and to endorse a shared ethics of beliefs.
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  32.  12
    Democracy and Authenticity: Toward a Theory of Public Justification.Howard H. Schweber - 2011 - Cambridge University Press.
    Professor Howard Schweber analyzes whether there are limits to what counts as an appropriate justification for coercive government actions.
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  33.  72
    Is Public Justification Self-Defeating?Steven Wall - 2002 - American Philosophical Quarterly 39 (4):385 - 394.
  34.  37
    Public Justification.Fred D'Agostino - 2008 - Stanford Encyclopedia of Philosophy.
  35.  11
    Wendt, Fabian. Compromise, Peace and Public Justification: Political Morality Beyond Justice. New York: Palgrave Macmillan, 2016. Pp. 286. $109.99. [REVIEW]Steven Wall - 2018 - Ethics 129 (1):164-168.
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  36.  9
    Food Policy, Nutritionism, and Public Justification.Matteo Bonotti - 2015 - Journal of Social Philosophy 46 (4):402-417.
  37. Review Article: Come o Liberals, Try Harder … Glyn Morgan The Idea of a European Superstate: Public Justification and European Integration. Princeton, Princeton University Press, 2005. Jan-Werner Müller Constitutional Patriotism. Princeton, Princeton University Press, 2007. [REVIEW]Justine Lacroix - 2010 - European Journal of Political Theory 9 (2):227-234.
  38.  25
    Some Modes of Public Justification.Fred D'Agostino - 1991 - Australasian Journal of Philosophy 69 (4):390 – 414.
  39.  42
    Public Justification and the Transparency Argument.Steven P. Wall - 1996 - Philosophical Quarterly 46 (185):501-507.
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  40.  39
    Utilitarianism and Public Justification.Christopher Freiman - 2013 - Journal of Social Philosophy 44 (3):250-269.
  41. Public Justification: The Function of the Idea of Basic Structure of Society in Rawls.Denis Coitinho Silveira - 2011 - Kriterion: Revista de Filosofia 52 (123):197-211.
     
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  42.  26
    The Idea and the Ideal of Public Justification.Fred D'Agostino - 1992 - Social Theory and Practice 18 (2):143-164.
  43.  29
    Value Pluralism, Public Justification, and Post-Modernism: The Conventional Status of Political Critique. [REVIEW]Fred D'Agostino - 1995 - Journal of Value Inquiry 29 (3):351-366.
  44.  8
    Religious Epistemology and the Problem of Public Justification.Martin Breul - 2016 - Neue Zeitschrift für Systematicsche Theologie Und Religionsphilosophie 58 (2):176-189.
    Name der Zeitschrift: Neue Zeitschrift für Systematische Theologie und Religionsphilosophie Jahrgang: 58 Heft: 2 Seiten: 176-189.
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  45.  12
    In Defense of Restraint: Democratic Respect, Public Justification, and Religious Conviction in Liberal Politics.Vic McCracken - 2012 - Journal of the Society of Christian Ethics 32 (1):133-149.
  46.  5
    Value Pluralism, Public Justification, and Post-Modernism: The Conventional Status of Political Critique.F. D' Agostino - 1995 - Journal of Value Inquiry 29 (3):351-366.
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  47.  11
    The Idea of a European Superstate: Public Justification and European Integration. By Glyn Morgan.Rainer Schmalz-Bruns - 2007 - Constellations 14 (4):664-668.
  48.  3
    The Idea and the Ideal of Public Justification.Fred D’Agostino - 1992 - Social Theory and Practice 18 (2):143-164.
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  49.  1
    Political Liberalism: Public Justification Within and Outside the Borders of a Constitutional Democracy [Spanish].Mariano Garreta - 2012 - Eidos: Revista de Filosofía de la Universidad Del Norte 17:192-223.
    La meta del presente artículo es defender la tesis de que la aceptación de las ideas fundamentales del liberalismo político no conducen necesariamente a una concepción de la justicia global minimalista como la que desarrolló John Rawls en The Law of Peoples. Sostendré, contra lo que el filósofo explícitamente afirma, que las democracias liberales contemporáneas pueden apelar públicamente, en la esfera política global, a los ideales igualitarios y a una concepción robusta de los derechos humanos como justificación de ciertos aspectos (...)
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  50. Public Justification and Democratic Adjudication.Gerald F. Gaus - 2009 - In Matt Zwolinski (ed.), Arguing About Political Philosophy. Routledge. pp. 106--122.
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