When people of good faith and sound mind disagree deeply about moral, religious, and other philosophical matters, how can we justify political institutions to all of them? The idea of public reason―of a shared public standard, despite disagreement―arose in the seventeenth and eighteenth centuries in the work of Hobbes, Locke, Rousseau, and Kant. At a time when John Rawls’ influential theory of public reason has come under fire but its core idea remains attractive to many, (...) it is important not to lose sight of earlier philosophers’ answers to the problem of private conflict through public reason. -/- The distinctive selections from the great social contract theorists in this volume emphasize the pervasive theme of intractable disagreement and the need for public justification. New essays by leading scholars then put the historical work in context and provide a focus of debate and discussion. They also explore how the search for public reason has informed a wider body of modern political theory―in the work of Hume, Hegel, Bentham, and Mill―sometimes in surprising ways. The idea of public reason is revealed as an overarching theme in modern political philosophy―one very much needed today. (shrink)

Steven Wall has two compelling arguments for what I shall call public reason liberalism's reflexivity requirement. The political concerns to reconcile persons who hold diverse moral views, and to avoid authoritarianism in politics not only require the public justification of coercion but the public justification of the standard used to determine when coercion is publicly justified. The reflexivity requirement is said to entail that public reason is self-defeating. Once RR is correctly formulated, however, cases (...) of self-defeat will be rare, as citizens seldom employ public justification requirements as reasons. When they do, such requirements are rarely their sole reason for supporting political coercion. A properly formulated reflexivity requirement, therefore, does not imply self-defeat. It also allows for a more ecumenical understanding that establish the processes of public justification. (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)

In this article, I examine the ways in which “Public Reason” (or public reasons, in plural) can be said to resonate with some types of reasons as presented and defended in contemporary legal theory. I begin by identifying the concept of Public Reason within the context of a discussion sparked by the between “internal” and “external” reasons, which was made famous by Bernard Williams. I will then compare this interpretation of Public Reason with (...) Joseph Raz’s celebrated concept of exclusionary reasons. Next, I refer to two concepts of moral “neutrality” and how such concepts affect our understanding of Public Reason. I also reflect upon whether it is tenable to draw a distinction between the good reasons for actions that we conduct in our own lives and good reasons to be adopted in public life. Finally, I raise the question of a distinction between the reasons which we press in general societal discourse and those that we press in the advocacy-related law-making process. (shrink)

Public reason liberals from John Rawls to Gerald Gaus uphold a principle of public justification as a core commitment of their theories. Critics of public reason liberalism have sometimes conceded that there is something compelling about the idea of public justification. But so far there have not been many attempts to elaborate and defend a ‘comprehensive’ liberalism that incorporates a principle of public justification. This article spells out how public justifiability could be (...) integrated into a comprehensive liberalism and defends the claim that what is worthwhile about public justification can be extracted from public reason liberalism. (shrink)

Public reason as a political ideal aims to reconcile reasonable disagreement; however, is public reason itself the object of reasonable disagreement? Jonathan Quong, David Estlund, Andrew Lister, and some other philosophers maintain that public reason is beyond reasonable disagreement. I argue this view is untenable. In addition, I consider briefly whether or not two main versions of the public reason principle, namely, the consensus version and the convergence version, need to satisfy their (...) own requirements. My discussion has several important implications for the debate on public reason. (shrink)

In Liberalism without Perfection, Jonathan Quong develops what is perhaps the most comprehensive defense of the consensus model of public reason – a model which incorporates both a public-reasons-only requirement and an accessibility requirement framed in terms of shared evaluative standards. While the consensus model arguably predominates amongst public reason liberals, it is criticized by convergence theorists who reject both the public-reasons-only requirement and the accessibility requirement. In this paper, I argue that while we (...) have good reason to reject Quong’s call for a public-reasons-only requirement, all public reason liberals should endorse at least some shared evaluative standards and, hence, an accessibility requirement. (shrink)

This book advances a novel justification for the idea of "public reason": citizens within diverse societies can realize the ideal of shared political autonomy, despite their adherence to different religious and philosophical views, by deciding fundamental political questions with "public reasons." Public reasons draw upon or are derived from ecumenical political ideas, such as toleration and equal citizenship, and mutually acceptable forms of reasoning, like those of the sciences. This book explains that if citizens share equal (...) political autonomy—and thereby constitute "a civic people"—they will not suffer from alienation or domination and can enjoy relations of civic friendship. Moreover, it contends that the ideal of shared political autonomy cannot be realized by alternative accounts of public justification that eschew any necessary role for public reasons. In addition to explaining how the ideal of political autonomy justifies the idea of public reason, this book presents a new analysis of the relation between public reason and "ideal theory": by engaging in "public reasoning," citizens help create a just society that can secure the free compliance of all. It also explores the distinctive policy implications of the ideal of political autonomy for gender equality, families, children, and education. (shrink)

Public reason liberals typically defend an accessibility requirement for reasons offered in public political dialog. The accessibility requirement holds that public reasons must be amenable to criticism, evaluable by reasonable persons, and the like. Public reason liberals are therefore hostile to the public use of reasons that appear inaccessible, especially religious reasons. This hostility has provoked strong reactions from public reason liberalism's religion-friendly critics. But public reason liberals and their (...) religion-friendly critics need not be at odds because the accessibility requirement is implausible. In fact, the accessibility requirement is ambiguous between two interpretations, one of which is too stringent and the other too loose. Depending upon the interpretation, accessibility either restricts the use of too many secular reasons or permits appeal to a wide range of religious reasons. The accessibility requirement should therefore be rejected. (shrink)

Journal of Social Philosophy, EarlyView.

This paper provides a new analysis and critique of Rawlsian public reason’s handling of the abortion question. It is often claimed that public reason is indeterminate on abortion, because it cannot say enough about prenatal moral status, or give content to the political value which Rawls calls ‘respect for human life’. I argue that public reason requires much greater argumentative restraint from citizens debating abortion than critics have acknowledged. Beyond the preliminary observation that fetuses (...) do not meet the criteria of political personhood, I contend, public reasoners may say nothing about prenatal moral status. Indeed, respect for human life is not, I show, a genuine political value, whose interpretation lies within public reason’s remit. This fact does not, however, prevent deliberators from drawing determinate conclusions regarding the law of abortion. Instead, I show, public reason has radically permissive implications for the legal regulation of feticide, inclining heavily towards the view that abortion should be allowed with little or no qualification, right until birth. I end by giving grounds for thinking that, even if the argumentative restraint which public reason enjoins over prenatal moral status does not generate indeterminacy, it is nonetheless objectionable. (shrink)

In ‘Public Reason and Prenatal Moral Status’ (2015), Jeremy Williams argues that the ideal of Rawlsian public reason commits its devotees to the radically permissive view that abortion ought to be available with little or no qualification throughout pregnancy. This is because the only (allegedly) political value that favours protection of the foetus for its own sake—the value of ‘respect for human life’—turns out not to be a political value at all, and so its invocation in (...) support of considerations bearing upon the permissibility of abortion is beyond public reason’s remit. Thus, it will scarcely if ever be legitimate to restrict women’s equality and bodily autonomy for the sake of the foetus, even at full term. In this paper, I argue that Williams fails to establish that Rawlsian reasonable citizens must endorse the radically permissive stance vis-à-vis abortion. Citizens can, I claim, reasonably accord the value of respect for human life weight, and indeed converge on the claim that it outweighs other salient political values, during later stages of gestation. Nevertheless, Williams’s argument gets something right in that it reveals why the value of respect for human life is inadmissible at the bar of public reason in early stages of pregnancy. But then, far from throwing Rawlsian public reason into disrepute, Williams’s argument actually (albeit inadvertently) provides arguably more compelling grounds than any hitherto rallied for endorsing Rawls’s much maligned claim that opposition to the duly qualified right to abortion in the first trimester of pregnancy is ‘unreasonable’. (shrink)

Political liberals usually assume the coercion account, which argues that state actions should be publicly justified because they coerce citizens. Recently some critics object this account for it overlooks that some policies are non-coercive but still require public justification. My article argues that, instead of understanding coercion as particular laws or policies, it should be understood as the exercise of collective political power that shapes the basic structure. This revised coercion account explains why those ostensibly non-coercive policies are in (...) fact coercive. Moreover, I argue that the alternative accounts suggested by critics fail, unless they assume the revised coercion account. (shrink)

In Public Reason Confucianism, Sungmoon Kim presents an important Confucian political theory that seeks to combine a specific conception of Confucianism and the ideal of public reason. My article examines this theory and identifies some of the theoretical complications with Rawlsian public reason.

Free Public Reason examines the idea of public justification, stressing its importance but also questioning the coherence of the concept itself. Although public justification is employed in the work of theorists such as John Rawls, Jeremy Waldron, Thomas Nagel, and others, it has received little attention on its own as a philosophical concept. In this book Fred D'Agostino shows that the concept is composed of various values, interests, and notions of the good, and that no ranking (...) of these is possible. The notion of public justification itself is thus shown to be contestable. In demonstrating this, D'Agostino undermines many current political theories that rely on this concept. Having broken down the foundations of public justification, D'Agostino then offers an alternative model of how a workable consensus on its meaning might be reached through the interactions of a community of interpreters or delegates at a constitutional convention. (shrink)

Some theorists—including Elizabeth Anderson, Gerald Gaus, and Amartya Sen—endorse versions of 'public reason' as the appropriate way to justify political decisions while rejecting 'ideal theory'. This chapter proposes that these ideas are not easily separated. The idea of public reason expresses a form of mutual 'civic' respect for citizens. Public reason justifications for political proposals are addressed to citizens who would find acceptable those justifications, and consequently would comply freely with those proposals should they (...) become law. Hence public reasoning involves 'local ideal theorizing': the justification of political proposals includes their consideration and evaluation under conditions of compliance with them by the citizens to whom those justifications are addressed. Local ideal theorizing, moreover, can lead to 'full ideal theorizing', wherein citizens outline and evaluate an amended version of their society’s 'basic structure'. This argument is illustrated by some recent empirical work on inequality within the United States. (shrink)

This article, forthcoming in the international legal philosophy journal Ratio Juris, responds to an article by Francis J. Beckwith arguing that the consistent application of liberal principles requires that same-sex marriage not be recognised in civil law. This response demonstrates that Beckwith’s article contains a series of interpretative and substantive flaws that render his argument unsuccessful. These relate to a misinterpretation of core liberal principles and a sidestepping of the matter of undue bias against same-sex partners. In correcting these flaws (...) I tentatively propose a ‘Voltarian argument’ in favour of same-sex civil marriage for those citizens with moral qualms about same-sex relationships derived from their reasonable comprehensive doctrine. (shrink)

Journal of Political Philosophy, EarlyView.

Mainstream political liberals hold that state coercion is legitimate only if it is justified on the grounds of reasons that all may reasonably be expected to accept. Critics argue that this public justification principle is self-defeating, because it depends on moral justifications that not all may reasonably be expected to accept. To rebut the self-defeat objection, I elaborate on the following disjunction: one either agrees or disagrees that it is wrong to impose one’s morality on others by the coercive (...) power of the state. Those who disagree reject PJP, they understand politics as war. Those who agree accept PJP, they understand politics as competition. Political competitors abide by PJP to avoid politics as war, by enforcing PJP on political combatants they engage in a war that is unavoidable. In both cases their exercise of political power has a justification that is reasonably acceptable to all. (shrink)

When people of good faith and sound mind disagree deeply about moral, religious, and other philosophical matters, how can we justify political institutions to all of them? The idea of public reason—of a shared public standard, despite disagreement—arose in the seventeenth and eighteenth centuries in the work of Hobbes, Locke, Rousseau, and Kant. At a time when John Rawls’ influential theory of public reason has come under fire but its core idea remains attractive to many, (...) it is important not to lose sight of earlier philosophers’ answers to the problem of private conflict through public reason. The distinctive selections from the great social contract theorists in this volume emphasize the pervasive theme of intractable disagreement and the need for public justification. New essays by leading scholars then put the historical work in context and provide a focus of debate and discussion. They also explore how the search for public reason has informed a wider body of modern political theory¾ in the work of Hume, Hegel, Bentham, and Mill—sometimes in surprising ways. The idea of public reason is revealed as an overarching theme in modern political philosophy—one very much needed today. (shrink)

Public reason liberalism is defined by the idea that laws and policies should be justifiable to each person who is subject to them. But what does it mean for reasons to be public or, in other words, suitable for this process of justification? In response to this question, Kevin Vallier has recently developed the traditional distinction between consensus and convergence public reason into a classification distinguishing three main approaches: shareability, accessibility and intelligibility. The goal of (...) this paper is to defend the accessibility approach by demonstrating its ability to strike an appealing middle course in terms of inclusivity between shareability and intelligibility. We first argue against Vallier that accessibility can exclude religious reasons from public justification. Second, we use scientific reasons as a case study to show that accessibility excludes considerably fewer reasons than shareability. Throughout the paper, we connect our discussion of accessibility to John Rawls’s model of public reason, so as to give substance to the accessibility approach and to further our understanding of Rawls’s influential model. (shrink)

Philosophers who hold that religious considerations should play some role in public debate over fundamental issues have criticized Rawls’s ideal of public reason for being too restrictive in generally ruling out such considerations. In response, Rawls has modified his ideal so as to explicitly allow a role for religious considerations in public debate. Nevertheless, some critics of Rawls’s ideal of public reason, such as Nicholas Wolterstorff, remain unsatisfied. In this paper, I will argue that (...) once Rawls’s ideal of public reason is correctly interpreted, it will be possible to reconcile that ideal with much of the role its critics want religion to have in public debate. (shrink)

This paper addresses the question of whether the duties associated with public reason are conditional on reciprocity. Public reason is not a norm intended to stabilize commitment to justice, but a moral principle, albeit one that is conditional on reciprocity because grounded in the idea of mutual respect despite ongoing moral disagreement. We can build reciprocity into the principle by stipulating that unanimous acceptability is required only with respect to points of view accepting the principle. If (...) compliance with law is assured, then the duties of public reason associated with authorship of law should be considered conditional on reciprocity only in this ‘internal’ sense, which is not proportional but bi-lateral. (shrink)

Public reason liberalism holds that laws and policies must be justifiable to all reasonable citizens. Recently, David Enoch has offered an impressive and influential argument against the epistemological commitments of public reason liberalism on the grounds that they are ‘highly controversial’. After setting out this argument, I show how its central claim is ambiguous between two senses of ‘controversial’. This gives rise to a dilemma: either Enoch's claim is that the relevant epistemological commitments are controversial in (...) the sense of being subject to controversy amongst actual people, in which case this is true but not troubling for public reason theorists; or the claim is that the relevant commitments are controversial in the sense of being subject to controversy amongst reasonable people, in which case this simply begs the question against public reason theorists. I then defend each horn of the dilemma against objections. I conclude by generalizing this dilemma, showing how it defuses not just Enoch's argument but also a number of other arguments frequently made in the literature on public reason liberalism. (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)

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)

A central idea of public reason liberalism is that the exercise of political power is legitimate when supported only by reasons which all citizens accept. Public reason serves as a necessary standard for evaluating the legitimacy of political decisions. In this paper, I examine the directive to employ public reason from the citizens’ perspective. I suggest that employing public reason potentially involves them engaging in different types of compromise. I consider how acknowledging (...) these compromises sheds light on public reason liberalism. Public reason may not offer a necessary standard for evaluating the legitimacy of decisions, and the evaluation it offers may not have great weight relative to other moral and political considerations. (shrink)

There is a little explored tension between the regulations called for by environmentalists and the predominant liberal political theory. The latter says that laws are only legitimate when publicly defensible to all who must follow them and thus does not support the state adoption of particular values. Environmental concerns frequently fall under the category of particular values. I explore ways that liberalism does in fact support environmental regulations as furthering universal rights and justice within and between generations. However, some forms (...) of environmental preservation are clearly government pursuits of particular values. I explore possible liberal justifications of publicly fostering environmental values and conclude by arguing for a deliberative democratic approach. (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 this paper, I examine global public reason as a method of justifying a global state. Ultimately, I conclude that global public reason fails to justify a global state. This is the case, because global public reason faces an unwinnable dilemma. The global public reason theorist must endorse either a hypothetical theory of consent or an actual theory of consent; if she endorses a theory of hypothetical consent, then she fails to justify (...) her principles; and if she endorses a theory of actual consent, her theory will lead to a highly unstable political system. On either side of the dilemma, global public reason faces untenable implications. Although similar criticisms have been advanced against domestic public reason, my argument is not repeating points made before me. My argument is new, in that it raises these objections specifically against global public reason, and in that it shows how, due to increased diversity of belief in the global arena, these problems are more pressing for global public reason than they are for domestic public reason. (shrink)

Rawls says that public reason is the reason of the citizens of a democratic state and takes the Supreme Court in the USA as the exemplar of public reason. It differs from non public reason, which is used e.g., in universities and academic institutions. Rawls contrasts with Kant, which opposes the public reason of the scholar—or the philosopher—, who speaks before the world, to the private reason of state or church (...) officials. The later, once they accept an authority, cannot think by themselves (selbst denken). A closer examination shows that Rawls is not so far from Kant as it seems, because he takes the constitutional judges not as they are, but as they should be. However Rawls still apparently refuses Kant’s unity of reason. Further investigation of the relations between ethical reason, democratic reason and legal reason is needed. Democratic reason is tantamount both to public reason and to legal reason in a modern constitutional state. It is a requirement of ethics but still not identical with ethical reason, since it is possible to accept democratic reason and to argue against it from an ethical point of view. There is just one good way of reasoning, in spite of the constraints that the sources of law and the rules of procedure impose on legal reasoning, compared with ethics. Such constraints are based on the democratic principle, which is again based on ethical reason, which at last both grounds and limits the constraints that law imposes on reason. (shrink)

Political philosophers have long focused on how to explain democratically legitimate governance under social conditions of pluralism. The challenge, when framed this way, is how to justify a common set of political principles without imposing controversial moral, religious, or metaphysical doctrines on one another. In this paper I propose an alternate starting point, replacing the concept of “social conditions of pluralism” with the background assumption that democratic societies must respond to “social conditions of strangerhood.” In the first section, I make (...) my case for viewing political relationships in terms of relationships with and as strangers, partly illustrated by empirical examples. In the second section, I explain why I think solutions to the challenges of democratic pluralism in terms of the support for public deliberation and reasoning are doomed to fail in addressing much deeper dilemmas posed by the persistence of governing as strangers to the extent that they depend on ties of cultural or epistemic familiarity and commonality. Finally, in the third section, I propose ways we might change our expectations of democratic legitimacy to better facilitate our political relationships with and as strangers. (shrink)

Hobbesian accounts of public reason are forced to face a tension that is presented for any theorist that toes the Hobbesian line. This tension has been referred to as the “Hobbesian Dilemma.” On one horn, we are afraid that we might create a monster with our authorization of an absolute sovereign. On the other horn, we are afraid that if we do not hand over unlimited power to the sovereign we will not be freed from the conflict that (...) is endemic to our reliance upon private pluralistic standards. These Hobbesians, stressing the first horn, are afraid of authorizing a supreme political entity, so they provide modifications that serve to restrict such an entity. Such modifications, however, necessarily reintroduce pluralism back into the commonwealth. But if we take Hobbes seriously and accept that pluralism generates a state of war, the reintroduction of pluralism must be viewed as disastrous. (shrink)

Public reason demands that policies are justified to all reasonable citizens. Public health aims at protecting or improving aggregated health outcomes. Since health is not an uncontroversial value, an insurmountable chasm between public reason and public health seems to preclude any viable synthesis between the two outlooks. For any given public health policy, some reasonable citizen seems to have a reason to support ‘no policy’ over ‘some policy’, meaning that the policy cannot (...) be justified to all. The paper first spells out what exactly this conflict is about. Then, using smoking as a case, the paper outlines a model of reconciliation between public reason and public health that should give us some optimism if we want to have public health policies that are compatible with treating citizens as free and equal in the public reason sense. (shrink)

How should we understand the familiar demand that journalists ‘be objective’? One possibility is that journalists are under an obligation to report only the facts of the matter. However, facts need to be interpreted, selected, and communicated. How can this be done objectively? This paper aims to explain the concept of journalistic objectivity in methodological terms. Specifically, I will argue that the ideal of journalistic objectivity should be recast as a commitment to John Rawls’s conception of public reason. (...) Journalism plays a vital role in the operation of all modern liberal democracies, functioning as the public watchdog, the fourth estate, or the conduit through which vital information flows to the citizenry. Journalism is, therefore, an institution that is best understood as part of the basic structure of society. In Political Liberalism, Rawls explicitly excludes media of any kind from the demands of public reason because he doesn’t think that they play a political role that is important enough to bring them under the official auspices of public reason. I will argue that overlooking the political significance of journalism is a mistake, but one that can be corrected while keeping within the spirit and most important elements of his theory. This revision will widen the scope for what counts as journalism beyond traditional outlets and forms of media but will impose the demands of public reason on anyone who intends to participate in the institution. (shrink)

Law is the expression of public reason. I want to explicate and justify this assertion, which lies at the core of a normative theory of law. Primarily, I want to focus on the concept of public reason, showing what it is, relating it to private or individual reason, and finding its rationale in that relation. I shall then argue that public reason exhausts the normative space where law may be found. Appealing to (...) class='Hi'>public reason, I shall show that the authority that law claims over the judgments and actions of citizens must ultimately be grounded in their own rationality. (shrink)

This article is a contribution to a critical exploration of the liberal project of normatively justifying basic political principles. The specific focus is John Rawls's use of the idea of public reason. After briefly discussing the evolution of Rawls's ideas from A Theory of Justice to his most recent writings, the key components of his conception of public reason are set out. Two principal lines of criticism are developed. The first is that the criteria of legitimacy (...) Rawls establishes for a democratic procedure are unworkably demanding. The second is that there is no reason to think that resort to the idea of public reason will significantly constrain the scope of substantive political disagreement within a constitutional democracy. The article concludes with a few speculative reflections about the relevance of the limitations of Rawls's account of public reason for the project of liberal justification more generally. (shrink)

The main purpose of the paper is to contribute to reconstructing the kind of normativity underlying Rawls’s notion of public reason and of the reasonable. The implicit target is the somewhat popular view according to which the transition from the framework of A Theory of Justice to that of Political Liberalism would entail a loss of normativity. On the contrary, the related ideas of public reason and the reasonable are argued to presuppose a notion of normativity (...) – linked with judgment – far more consistent with the premise of the fact of pluralism. After reconstructing Rawls’s notion of public reason, the two following problems are addressed: the problem of determining when allegedly shared truths, the building stones of public reason, are really such and, second, the problem of what it means for one reason to follow or proceed from a shared basis. In the context of such discussion three distinct meanings of the term ‘reasonable’ are identified, and the normatively more demanding one – the notion of some thesis or proposal being not just reasonable, but comparatively ‘more reasonable’ than another – is found to require that the reasonable be understood as the exemplary and, consequently, that we find ways to translate the Kantian doctrine of the exemplary yet universalist validity of aesthetic judgments into a non-aesthetic vocabulary. (shrink)

Public reasoning is widely thought to be essential to democracy, but there is much disagreement about whether such deliberation should be constrained by a principle of public reason, which may seem to conflict with important democratic values. This paper denies that there is such a conflict, and argues that the distinctive contribution of public reason is to constitute a relationship of civic friendship in a diverse society. Acceptance of public reason would not work (...) against mutual understanding, learning, or compromise, nor does the principle involve any violation of political equality. The real threat to democracy is not public reason, but the framing of public reason by a presumption against state action. (shrink)

Sungmoon Kim's Public Reason Confucianism: Democratic Perfectionism and Constitutionalism in East Asia offers new perspectives and an innovative alternative to one of the most important philosophical and political discussions concerning East Asia today. As in the prequel, Confucian Democracy in East Asia: Theory and Practice, arguments provided by Kim are well researched and engage extensively with major theories in the current debate. In this book, Kim is mainly in dialogue with the works of Daniel Bell, Joseph Chan, Jonathan (...) Quong, John Rawls, and Joseph Raz. Both in terms of the content and structure, Public Reason Confucianism is systematic, neatly organized, tight... (shrink)

Chad Flanders has argued that retributivism is inconsistent with John Rawls’s core notion of public reason, which sets out those considerations on which legitimate exercises of state power can be based. Flanders asserts that retributivism is grounded in claims about which people can reasonably disagree and are thus not suitable grounds for public policy. This essay contends that Rawls’s notion of public reason does not provide a basis for rejecting retributivist justifications of punishment. I argue (...) that Flanders’s interpretation of public reason is too exclusionary: on it, public reason would rule out any prominent rationale for punishment. On what I contend is a better interpretation of public reason, whether retributivism would be ruled out as a rationale for punishment depends on whether a retributivist account can be constructed from shared political commitments in a liberal democracy. Some prominent versions of retributivism meet this requirement and so are consistent with public reason. (shrink)

This article considers the justification of laws to religious citizens. It does via a consideration of the debate surround the teaching of Intelligent Design. It argues that one widely held view of political morality, public reason liberalism, requires that schools should allow teaching ID. This is contrary to the views of many defenders of this theory. I show that this argument reveals a deep problem with public reason liberalism, and that it undermines the judgement of the (...) court in the high profile case of Kitzmiller vs Dover. (shrink)

Public reason liberals hold that laws and institutions must be in some sense justifiable to all reasonable citizens. Different public reason liberals have developed different accounts of the constituency of reasonable citizens to whom justification is owed. Recently, a number of theorists have suggested that public reason views with less “sectarian” accounts of reasonableness are in one way better than public reason views with more “sectarian” accounts of reasonableness. Yet, despite being used (...) to tremendous effect to motivate particular theories of public reason, this anti-sectarianism desideratum has not received focused treatment, and hardly any detailed arguments have been offered for it. In this paper, I fill this gap by considering the case for the anti-sectarian desideratum. I find that there is no good reason to regard less sectarian public reason views as in one way better than more sectarian views. (shrink)

At one point Rawls thought that “a normalization of interests attributed to the parties” is “common to social contract doctrines.” Normalization has a great appeal: once we specify the normalized perspective, we can generate strong and definite principles of justice. Public reasoning is restricted to those who reason from the eligible, normalized, perspective; those who fall outside the “normal” are to be dismissed as unreasonable, unjust, or illiberal. As Rawls’s political liberalism project developed he increasingly relaxed his normalization (...) assumptions, allowing room for not only different conceptions of the good, but of justice. This paper explores the post-Rawlsian movement in public reason to maximally relax, or even abandon, normalizing assumptions, drawing on a maximal diversity of normative perspectives in public justification. The public reason project is at a critical juncture. Are we to look back, defending Rawls’s substantive conclusions by devising new defenses of normalization, circling the wagons around the cherished two principles? Or are we to seek to fulfill the promise of public reason as providing a common public and moral world in the midst of diversity? (shrink)

This book explores and elaborates three theories of public reason, drawn from Rawlsian political liberalism, natural law theory, and Confucianism. Drawing together academics from these separate approaches, the volume explores how the three theories critique each other, as well as how each one brings its theoretical arsenal to bear on the urgent contemporary debate of medical assistance in dying. The volume is structured in two parts: an exploration of the three traditions, followed by an in-depth overview of the (...) conceptual and historical background. In Part I, the three comprehensive opening chapters are supplemented by six dynamic chapters in dialogue with each other, each author responding to the other two traditions, and subsequently reflecting on the possible deficiencies of their own theories. The chapters in Part II cover a broad range of subjects, from an overview of the history of bioethics to the nature of autonomy and its status as a moral and political value. In its entirety, the volume provides a vibrant and exemplary collaborative resource to scholars interested in the role of public reason and its relevance in bioethical debate. (shrink)