Economist-philosopher Amartya Sen's writings on social and political issues have attracted wide audiences. Section 2 introduces his contributions on: how people reason as agents within society; social determinants of people's (lack of) access to goods and of the effective freedoms and agency they enjoy or lack; and associated advocacy of self-specification of identity and high expectations for ‘voice’ and reasoning democracy. Section 3 considers his relation to social theory, his tools for theorizing action in society, and his limited degree of (...) attention to work by sociologists and to capitalism and power structures. Section 4 characterizes a style marked by conceptual refinement, emphases on complexity and individuality, including personal individuality, and reformist optimism. Section 5 shows the features from Sections 3 and 4 at work in his conception of personhood that advocates freedom to make a reasoned composition of personal identity. Similarly, Section 6 addresses his conception of public reasoning and neglect of the sociology of democracy. It contrasts the ideal of a reasoning polity with features in many countries. Sen's programmes for critical autonomy in personhood and for reasoned politics play, nevertheless, a normic role, while his analytical formats help investigation of obstacles to more widespread agency, voice, and democratic participation. (shrink)

The “public charge” rule is a long-standing immigration policy that seeks to determine the likelihood that a prospective immigrant will become dependent on the government for subsistence. When the Trump administration sought to expand the criteria that would count against an applicant for permanent residency to include public benefits historically excluded from the calculation, thousands of commenters wrote to oppose or support the proposed changes. This paper explores the moral and practical reasons commenters provided for their position on (...) the public charge rule and considers the value of the public comment process for immigration, health, and social policy. (shrink)

This essay makes six claims about the practice of scriptural reasoning. Scriptural reasoning does not try to ground its own possibility. It approaches metaphysics as an account of what is taken to be true, not as a means to demonstrate necessary truths. It relies on luck. It models a practice of learning traditions' languages. It promotes friendship above consensus and agreement. It is a practice of making deep reasonings public. In summary, scriptural reasoning is reparative reasoning which addresses the (...) acute needs of today's society while seeming to refuse certain imperatives that often accompany the academy's approach to those needs. (shrink)

The Kantian categorical imperative process of rational reflection and reasoned social discourse is theoretically capable of forming the moral environmental maxims applicable to business. This article argues that rational environmental discourse demands that business has an imperfect duty to develop relevant unbiased information, and perhaps to disseminate this information through participation in business-public coalitions. For the environmental problem, this “rationality” particularly concerns our obligations toward future generations and distant people while recognizing that they cannot participate in current discourse, and (...) the rules for gathering and assessing the evidence that should govern our environmental preservations and enhancements. Both these concerns demand certain scientific information requirements, as well as logical decision criteria that are perceived as stable across both overlapping generations, and affected peoples. The criteria for Rawls’ “considered moral judgments” are shown to apply to resolutions of these business-related ethical conundrums. In a way similar to Kant’s anthropological examinations of humanity’s antisocial behaviors, this article also examines various biases that inhibit this social reasoning. (shrink)

Introduction -- On the genius and discoveries of Sir Isaac Newton -- On the character and origin of the ancient mythologies -- On the question : are the planets inhabited? -- A plea for freedom -- The right use of leisure -- On education -- The claims of science -- The social aspect of intellectual culture.

The First World War was supposed to end all wars, though soon followed WWII. Since 1945 wars continued to abound; now we confront a real prospect of a third world war. Many armed struggles and wars arise in attempts to end repressive government; still more are fomented by repressive governments, few of which acknowledge their repressive character. It is historically and culturally naive to suppose that peace is normal, and war an aberration; war, preparations for war and threats of war (...) belong to ‘normal’ human life. Our tolerance, acceptance or fostering of such repeated injustices and atrocities indicate pervasive failures to understand fundamentals of justice, and what we owe morally to ourselves and to all others, together with our responsibilities to preserve the biosphere, not merely our own store(s) of reserves. As matters both of justice and prudence we must re-orient ourselves, individually and collectively, to promote justice, peace and ecological responsibilities by identifying and instituting just forms of social cooperation, domestically and internationally. All of these are our problems, whether we recognize them or continue our pervasive negligence. We urgently require cogent understanding of the social dimensions of human judgment, rational assessment, right action, and public reason. This requires understanding (inter alia) how Kant’s explication of rational judgment and justification is fundamentally social, how these features of rational judgment and justification are constitutive of Kant’s account of individual autonomy, and how they are central to Kant’s account of proper public use of reason. Reasoning publically remains precarious, not because – as often alleged – the ‘Enlightenment project’ has failed. It has not failed, it has been thwarted, and in our public responsibilities we have too often failed it. (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 expect individuals to have justificatory reasons for their views of certain political issues. This paper considers how groups can, and whether they should, give collective public reasons for their political decisions. A problem is that aggregating individuals’ consistent judgments on reasons and a decision can produce inconsistent collective judgments. The group will then fail to give a reason for its decision. The paper considers various solutions to this problem and defends a deliberative procedure by showing (...) how it incentivizes information sharing and leads to outcomes most acceptable to the group members. (shrink)

Theorists of public reason such as John Rawls often idealize constitutional courts as exemplars of public reason. This paper raises questions about the seduction and limits of analogies between theorists’ account of public reason and actual constitutional jurisprudence. Examining the work product of the United States Supreme Court, the paper argues that while it does engage in reason-giving to support its decisions—as the public reason strategy suggests— those reasons are (largely) legalistic and specifically juristic reasons—not the (...) theorists’ idealized moral-political reasons on matters of fundamental principle. But if constitutional courts do not engage on matters of fundamental principle, then a public reason strategy for assuaging democratic worries about judicial review would no longer be open: prominent liberal and deliberative democratic theorists could no longer point to the alleged superiority of constitutional courts to speak in the name of, and for, the people’s shared political principles. The paper extends beyond the U.S. case study by pointing to three institutional factors explaining the disanalogy between what some constitutional courts do and what public reason theories require them to do. It concludes with considerations about whether the public reason strategy might be more successfully applied to international courts. (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)

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)

Current mainstream approaches to conscientious objection either uphold the standards of public health care by preventing objections or protect the consciences of health‐care professionals by accommodating objections. Public justification approaches are a compromise position that accommodate conscientious objections only when objectors can publicly justify the grounds of their objections. Public justification approaches require objectors and assessors to speak a common normative language and to this end it has been suggested that objectors should be required to cast their (...) objection in terms of public reason. We provide critical support for such a public reason condition and argue that it would be neither too demanding nor too permissive. We also respond to objections that it unfairly favours secular over religious objectors and that public reasons cannot be held with the kind of sincerity thought to characterize conscientious objections. (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.

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)

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.

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)

Journal of Political Philosophy, EarlyView.

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)

Most significant policy issues facing humanity reach across national borders. Consequential political decisions with cross-national effects are frequently made by states, non-state organisations, and corporations. Under these circumstances, it is widely acknowledged that it is important to conduct deliberation at the global level. Below this shallow agreement, however, lies deep disagreement about a crucial question: how, if at all, is it morally permissible for deliberation to result in a set of international laws and rules that are imposed on a world (...) population which is deeply pluralistic in its moral and political attitudes? When the equivalent question is asked within the confines of a political community, one prominent answer is by reference to a standard of public reason. While there is a large literature about public reason at the domestic level, the literature on global public reason is comparatively underdeveloped. The paper addresses this lacuna in two ways. First, it motivates the global public reason project, and conceptualises the nature of the challenge that accounts of global public reason face. Second, it demonstrates that, by their own evaluative standards, existing accounts of global public reason are unable to satisfy both desiderata simultaneously, being either too ‘thick’ or too ‘thin’. (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)

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)

In “Justice as Fairness: Political not Metaphysical,” John Rawls suggests an approach to a public conception of justice that eschews any dependence on metaphysical conceptions of justice in favor of a political conception of justice. This means that if there is a metaphysical conception of justice that actually obtains, then Rawls’ theory would not be sensitive to it. Rawls himself admitted in Political Liberalism that “the political conception does without the truth.” Similarly, in Law of Peoples, Rawls endorses a (...) political conception of justice to govern the society of peoples that is not concerned with truth, but instead concerned with being sufficiently neutral so as to avoid conflict with any reasonable comprehensive doctrines. The odd result is that this neutrality excludes any conception of truth at all. Therefore, in times of crisis that demand incisive decision making based on scientific, economic or moral considerations, public reason will stall because it can contain no coherent conception of truth. (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)

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)

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)

이 논문은 글로벌 공적 이성에 관한 최근의 논의와 쟁점들을 분석적으로 천착하고, 이 를 통해 글로벌 공적 이성의 한계를 비판적으로 성찰한 후, 국제 윤리 규범으로서 글로벌 공적 이성의 윤리적 함의를 밝히는 데 그 목적이 있다. 글로벌 공적 이성의 취지는 국경을 가로질러 사람들에게 영향을 미치는 국가 행위라든가 혹은 글로벌 차원의 정의의 원칙들 이 정당화되기 위해서는 그것들에 영향을 받는 합당한 혹은 가상적 상황의 당사자들에게 그러한 행위나 원칙들이 공적이고 접근 가능한 근거에 입각해서 정당화될 수 있어야 한다 는 것이다. 국제 사회가 칸트가 구상한 영원한 평화에 (...) 다가가기 위해서는 글로벌 공적 이 성이라는 공통의 국제 윤리 규범 혹은 기준이 확립되어야 한다. 만일 국제 사회가 글로벌 공적 이성의 규제를 받지 않는다면 각 국가는 자국의 이익이나 종교, 가치관 및 이념을 앞 세워 다른 국가들을 억압하려 들거나 혹은 우연히 힘의 균형을 이루고 있지만 언제 균형이 깨질지 모르는 상황에 머물게 될 것이다. 글로벌 공적 이성은 글로벌 차원의 정의를 안정 적으로 실현할 수 있는 최선의 방안이라 할 수 있다. 즉 글로벌 공적 이성은 글로벌 정의 와 평화로 가는 길이다. (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)

Sometimes healthcare professionals conscientiously refuse to treat patients despite the patient requesting legal, medically indicated treatments within the professionals’ remit. Recently, there has been a proliferation of views using the concept of public reason to specify which conscientious refusals of treatment should be accommodated. Four such views are critically assessed, namely, those of Robert Card, Massimo Reichlin, David Scott, and Doug McConnell. This paper argues that McConnell’s view has advantages over the other approaches because it combines the requirement that (...) healthcare professionals publicly justify the grounds of their conscientious refusals of treatment with the requirement that those grounds align with minimally decent healthcare. This relatively restrictive approach accommodates conscientious refusals from minimally decent healthcare professionals while still protecting good healthcare, the independence of the healthcare professions, and the fiduciary relationships. (shrink)

Every human person is a cultural being. Each culture has incomplete knowledge of reality, and the sharing of viewpoints makes for mutual enrichment, hence the need for intercultural perspectives. Even in a human being, body and spirit, emotion and reason reciprocally influence on each other. Life is dialogical. Action gives flesh to theory, and the abstract reason is exemplified in real things, which is what embodiment of reason is all about. Principles govern all things and public reason, as a (...) causal principle, regulates the affairs of embodied homogeneous communities. African embodiment of reason is self-evident in names and allegories wherein rational thoughts and ideas are personified the way sentient robots embody or personify Artificial Intelligence. In this treatise, we shall use allegory, nomenclature, traditional songs, apophthegms, etc., to show how Africans wisely incarnate ideas in things. As it is analogous to modern-day AI, we shall not only highlight the African approach to public reason and embodied community but also tangentially discuss the effect of AI on the global community, of which Africa is a subunit. In conclusion, we shall caution against the empowering of robots with logical reasoning, and the disempowering and denaturalizing of humans. Keywords: Reason, Embodiment, Philosophy, Principle and Community. (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)

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 (...) class='Hi'>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)

The ‘consensus’ model of public reason, associated with John Rawls’s political liberalism, has been criticised for excluding certain reasons from receiving consideration where the justification of the constitutional essentials is concerned. One limitation of these criticisms is that they typically focus on the exclusion of reasons political liberals are committed to excluding, notably reasons based on religious and comprehensive views. I argue that public reason excludes some reasons, central to the interests of many oppressed groups, that public (...) reason advocates will agree should not be excluded.L’idée de raison publique comme «consensus», associée au libéralisme politique de John Rawls, a été attaquée du fait de sa supposée incapacité à permettre la prise en compte de certaines raisons dans les cas où la substance même de la constitution est en question. Une limitation de ces critiques est qu’elles se concentrent habituellement sur l’exclusion de ces raisons que les libéraux eux-mêmes s’efforcent d’exclure, en particulier des raisons fondées sur des vues globales ou religieuses. Je défends l’idée selon laquelle la raison publique exclut de fait certaines raisons, essentielles aux intérêts de nombreux groupes opprimés, que les tenants de la raison publique eux-mêmes considèreraient ne pas devoir être exclues. (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)

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)

Can Rawlsian public reason sufficiently justify public policies that regulate or restrain controversial medical and technological interventions in bioethics (and the broader social world), such as abortion, physician aid-in-dying, CRISPER-cas9 gene editing of embryos, surrogate mothers, pre-implantation genetic diagnosis of eight-cell embryos, and so on? The first part of this essay briefly explicates the central concepts that define Rawlsian political liberalism. The latter half of this essay then demonstrates how a commitment to Rawlsian public reason can ameliorate (...) (not completely resolve) many of the policy disagreements related to bioethically controversial medical interventions today. The goal of public reason is to reduce the size of the disagreement by eliminating features of the disagreement that violate the norms of public reason. The norms of public reason are those norms that are politically necessary to preserve the liberal, pluralistic, democratic character of this society. What remains is reasonable disagreement to be addressed through normal democratic deliberative processes. Specific issues addressed from a public reason perspective include personal responsibility for excessive health costs, the utility of a metaphysical definition of death for organ transplantation, and the moral status of excess embryos generated through IVF and/or their use in medical research. (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)

I will argue that the natural law theory of morality, when extended into a political theory of justice, results in a picture of political justice much like that of public reason liberalism. However, natural law political theory, I argue, need not entail a natural law theory of morality. While facts about what societies ought to do supervene upon facts about what is good for human beings, there are distinct goods involved and distinct reasons for action. Rather, considerations taken from (...) the common good as guiding public policy results in a two-layer approach to public reasonability, resembling features of both consensus and convergence accounts of public reason. Consequently, the differences between natural law and classical public reason liberalism are significant but are not as significant as might have otherwise appeared. In fact, natural law political theory might be a more consistent development of the idea of a public reason than those of classical liberalism. (shrink)

This article discusses the growth of the populist radical right as a concrete example of the scenario where liberal democratic ideas are losing support in broadly liberal democratic societies. Our goal is to enrich John Rawls’ influential theory of political liberalism. We argue that even in that underexplored scenario, Rawlsian political liberalism can offer an appealing account of how to promote the legitimacy and stability of liberal democratic institutions provided it places partisanship centre stage. Specifically, we propose a brand-new moral (...) duty binding ‘reasonable’ partisans committed to pluralism. This duty establishes conditions where partisans must strategically transform society’s public reason (i.e. transform the visions for society their parties campaign on) in ways that promise to attract back support from illiberal and antidemocratic competitors. While this strategic behaviour might seem impermissible, we show that Rawls’ distinctive account of sincerity in democratic deliberation is uniquely placed to justify it as perfectly ethical. (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)

One source of controversy surrounding John Rawls's later work — a source of both criticism and praise — has been the impression that he abandoned the philosophical project of figuring out what is truly just, in favour of the political project of working out a feasible consensus for people from a particular political tradition. One aspect of this controversy is the question of whether Rawls could advance his theory as being worthy of endorsement on the basis of good reasons without (...) also claiming it to be true. In preferring to claim reasonableness rather than truth, Rawls's main concern seems to have been to distinguish the ‘whole truth’ as represented by a particular comprehensive religious or philosophical doctrine, from the truth about politics given that reasonable people will inevitably disagree about the whole truth. (shrink)

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 (allegedly) 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 (as distinct from respect for persons) 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 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)

Health systems that provide for universal patient access through a scheme of prepayments—whether through taxes, social insurance, or a combination of the two—need to make decisions on the scope of coverage that they secure. Such decisions are inherently controversial, implying, as they do, that some patients will receive less than comprehensive health care, or less than complete protection from the financial consequences of ill-heath, even when there is a clinically effective therapy to which they might have access.Controversial decisions of this (...) sort call for a public justification for covering or not covering a given treatment. Priority-setting agencies play a key role in providing such a justification. A recent... (shrink)

The idea of public reason involves a standard of legitimacy that requires that laws and institutions be acceptable to all reasonable people, regardless of their conceptions of the good. Many philosophers have argued that public reason should be understood as an answer to the question of how to justify state coercion. However, some authors have criticized this traditional account because it overlooks noncoercive state actions that seem appropriate topics of public reason. More recently, some philosophers have defended (...) the traditional account against that objection. In this paper, I argue that these approaches cannot effectively deal with that objection and offer a different version of the traditional account that can do so. This version rests on the ideas of overlapping consensus and stability. According to this version, the point of public reason is preserving an overlapping consensus on a coercive system of laws and institutions and achieving a stable society. (shrink)

Normal 0 false false false MicrosoftInternetExplorer4 /* Style Definitions */ table.MsoNormalTable {mso-style-name:"Table Normal"; mso-tstyle-rowband-size:0; mso-tstyle-colband-size:0; mso-style-noshow:yes; mso-style-parent:""; mso-padding-alt:0in 5.4pt 0in 5.4pt; mso-para-margin:0in; mso-para-margin-bottom:.0001pt; mso-pagination:widow-orphan; font-size:10.0pt; font-family:"Times New Roman"; mso-ansi-language:#0400; mso-fareast-language:#0400; mso-bidi-language:#0400;} In this essay I intend to explore the relationship between the enlightenment and communication in Kant and those ideas through which he construes the enlightenment not as a process focused on the rationalization of the individual but as a collective one that require communication. In this context I will show (...) the role that Kant gives to the idea of change in religion both as organization and doctrine. The basis of this approach is to reconsider the core of Kant’s distinction between public use of reason and private use of reason and link it thus clarified, to questions raised by religious change. (shrink)

Greenblum and Hubbard argue that physicians are duty-bound by the constraints of Rawlsian ‘public reason’ to avoid engaging their patients’ religious considerations in medical decision-making.1 This position offers a number of appealing benefits to physicians. It will appear plausible because Rawls’s philosophical tradition of Political Liberalism enjoys the status of ideological orthodoxy in institutions tasked with forming the moral imaginations of physicians and other elites.2 3 It casts the physician in the role of a ‘reasonable person’ occupying the space (...) of public reason whose medical and ethical judgments are opposed by ‘sectarian’ religious patients who refuse to be reasonable. This narrative authorises the exclusion of patient religious considerations from medical decision making when they do not ‘translate’ into reasons recognised by ‘reasonable’ medical professionals and manages the trauma of overwhelmed physicians by legitimising disengagement from difficult interactions with religious patients. The authors’ arguments depend on concepts from Rawls’s Political Liberalism 4 and are presented as if the premises of Liberal theory are incontestable—despite the fact that a large body of philosophical literature challenging its premises and core concepts has existed for decades.3 5–7 This ‘nothing to see here, move along’ approach saves more space for anecdotes about religious people, at which …. (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)