Political Liberalism

I make a proposal for how one can continue to teach poetry through official channels in a liberal society, conceived as a set of rules for citizens who disagree on a lot of things, including the value of poetry. The proposal is to quote inspiring or relevant poems in textbooks for other disciplines.

of (from Journal of Ethics and Social Philosophy).

The article demonstrates the ambivalent role of Hobbes’s political philosophy concerning the development of concept of human rights. In the first glance, in accordance with the most widespread picture of Hobbes as a defender of absolutism, only the collision between his philosophy and human rights is possible since Hobbes explicitly denies that citizens have genuine rights of their own. On the other hand also the »jusnaturalistic« lecture of his political philosophy is known, focused on the series of natural laws which (...) Hobbes introduces in Leviathan. In this sense the obligation to obedience to the social contract should be based on the moral duty properly so called and not on the interest of the contractor, due to which the contract was made. It will be shown that »jusnaturalistic« lecture of Hobbes is unfounded since, on account of theorem of unlimited authorisation of sovereign, the effects of natural law on social coexistence within civil state is a priori excluded. Hobbes’s contribution to the development of concept of human rights is not in the introduction of natural laws. It is in his successful escape out of situation in which, after the decline of Christianity, the political morality was tangled in. Despite of the unlimited authorisation of the state power, the core of his philosophy, the capacity of the man to his self-assurance of coexistence, had abolished the absolutism in the future and as well made possible the upswing of political liberalism and human rights. (shrink)

Many accounts of political liberalism contend that reasonable citizens ought to refrain from invoking their disputed comprehensive beliefs in public deliberation about constitutional essentials. Critics maintain that this ‘refraining condition’ puts pressure on citizens to entertain skepticism about their own basic beliefs, and that accounts of political liberalism committed to it are resultantly committed to a position – skepticism about conceptions of the good – that is itself subject to reasonable disagreement. Discussions in the epistemology of disagreement have tended to (...) reinforce this critique, which has come to be known as political liberalism’s skeptical problem. This paper responds to the skeptical problem by providing a novel rationale to the refraining condition, which I call the burden of total experience. Such a burden emphasizes that full communication of the basis of individual belief is not always possible, even between epistemic peers. Accepting the burden of total experience allows individuals to recognize the reasonableness of the refraining condition in a way that stops the slide to skepticism, all while avoiding, or so I argue, relying on a problematically controversial explainer for disagreement. (shrink)

Political liberals typically hold that reasonable citizens should not form political associations (e.g. political parties) with unreasonable citizens. This is because unreasonable citizens are unlikely to conform to the duty of civility—the duty to be able, and willing, to use public reasons in their public political deliberations. Here I argue that a general prohibition on political associations with the unreasonable can undermine the fair value of their political liberties. This is because unreasonable citizens can grow up in epistemic environments that (...) make it difficult to be reasonable, and so to direct citizens to not associate with them can deprive citizens from certain social backgrounds the equal opportunity for political influence. I propose instead that political liberals should distinguish between unreasonable citizens who are disposed to support de re publicly justifiable laws and policies and unreasonable citizens who support illegitimate laws and policies. Reasonable citizens may form political associations with the former group, but not the latter group. (shrink)

What is the theoretical and applied responsibility of practical legal policies against environmental degradation? Which political-philosophical attitude is implicit in the International and European environmental legislation for reducing and preventing the environmental degradation? The concepts and means, developed to compare us with the environmental issue, are adequate to capture the reality of these emergencies? The basic thesis, I intend to discuss and defend, argues that there is a “question incompatibility” between political liberalism and environmental protection.

Citizens are politically autonomous insofar as they are subject to laws that are (a) justified by reasons acceptable to them and (b) authorized by them via their political institutions. An obstacle to the equal realization of political autonomy is the plurality of religious, moral, and philosophical views endorsed by citizens. Decisions regarding certain fundamental political issues (e.g., abortion) can involve citizens imposing political positions justified in terms of their respective worldviews upon others. Despite citizens’ disagreements over which worldview is correct, (...) ‘political liberalism’ claims that there is a form of political autonomy that is realizable within pluralist societies. (Political liberalism differs from ‘comprehensive liberalism’ by, inter alia, being ‘freestanding’ vis-à-vis citizens’ different worldviews.) Citizens can be politically autonomous if they enjoy equal political power and justify its exercise with ‘public reasons.’ A political liberal education would aim at ensuring that all students can become politically autonomous citizens by teaching them how to exercise their democratic rights effectively and how to engage in public reasoning. Some political and educational theorists, however, argue that teaching students how to be politically autonomous amounts to teaching them how to be ‘comprehensively’ autonomous. If this is so, then the distinction between political liberalism and comprehensive liberalism collapses, at least with respect to education. This chapter outlines the main elements of political liberalism, summarizes the main requirements of a political liberal citizenship education, and surveys three arguments in support of and against the thesis that a political liberal education amounts to an education for comprehensive autonomy. (shrink)

Many political theorists believe that a state cannot be neutral when it comes to languages. Legislatures cannot avoid picking a language in which to conduct their business and teachers have to teach their pupils in a language. However, against that, some political liberals argue that liberal neutrality is consistent with the state endorsement of particular languages. Claims to the contrary, they say, are based on a misguided understanding of what neutrality is. I will argue that this line of argument fails, (...) for two reasons. First, the primary challenge to which political liberals should respond is not that of reconciling the promotion of languages with liberal neutrality but, rather, that of reconciling liberal neutrality with the fact that reasonable people disagree about the existence and nature of languages. Second, even if everyone accepted the existence of languages along essentialist lines, one should still doubt the possibility of state neutrality with respect to them, regardless of the conception of neutrality one prefers. The reason why is that human beings cannot care about or value languages so when a state promotes a particular language, it is not supporting the preferences of its citizens but, rather, acting on perfectionist or simply irrational grounds. (shrink)

Explains the concept and conceptions of public justification found in the philosophy and political theory literatures.

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)

How should broadly liberal democratic societies stop illiberal and antidemocratic views from gaining influence while honouring liberal democratic values? This question has become particularly pressing after the recent successes of right-wing populist leaders and parties across Europe, in the US, and beyond. This book develops a normative account of liberal democratic self-defence that denounces the failures of real-world societies without excusing those supporting illiberal and antidemocratic political actors. This account is innovative in focusing not only on the role of the (...) state but also on the duties of nonstate actors including citizens, partisans, and municipalities. Consequently, it also addresses cases where the central government has at least been partly captured by illiberal and antidemocratic agents. Gabriele Badano and Alasia Nuti's approach builds on John Rawls's treatment of political liberalism and his awareness of the need to 'contain' unreasonable views, that is, views denying that society should treat every person as free and equal through a mutually acceptable system of social cooperation where pluralism is to be expected. The authors offer original solutions to vexed problems within political liberalism by putting forward a new account of the relation between ideal and non-ideal theory, explaining why it is justifiable to exclude unreasonable persons from the constituency of public reason, and showing that the strictures of public reason do not apply to those suffering from severe injustice. In doing so, the book further politicizes political liberalism and turns it into a framework that can insightfully respond to the challenges of real politics. (shrink)

In public reason liberalism, equal respect requires that conceptions of justice be publicly justifiable to relevant people in a manner that allocates to each an equal say. But all liberal public justification also excludes: e.g., it accords no say, or a lesser say, to people it deems unreasonable. Can liberal public justification be aligned with the equal respect that allegedly grounds it, if the latter calls for discursive equality? The chapter explores this challenge with a focus on Rawls-type political liberalism. (...) I suggest that political liberalism’s commitment to equal respect can cohere with the standing of the unreasonable in public justification if that standing is not impermissibly unequal in discursive purchase. I then consider one candidate view of the permissibility of purchase inequality. On this broadly sufficientarian view, purchase inequality is permissible provided relevant people have standing of enough purchase to be able to avoid relevant bads. A plausible variant of this view suggests that political liberalism’s commitment to equal respect does not cohere with the discursive standing of the unreasonable. It emerges that where liberal public justification accords actual people discursive respect but relevantly idealizes at least around its fringes, the permissibility of purchase inequality must be a central concern. (shrink)

Realist thinkers in political philosophy often criticize ideal theorists for neglecting or eliminating the fact of politics in their work. This is supposed to be problematic because we should never expect to overcome politics. Any theory that attempts to do so is said to be unrealistic, naïve, and impractical. Although much has been said in the dispute between realists and ideal theorists in recent years, this particular line of criticism, which should be distinguished from other criticisms of ideal theory, has (...) not been clearly or explicitly addressed by ideal theorists in the literature. I deal with this issue by examining the ideal theory of John Rawls, which has been a prominent target of realist criticisms. My aim is to see where politics exists, or might exist, in Rawls’s theory, and whether this politics satisfactorily answers to the various aspects of the realist’s critique. My analysis suggests that there may be no inherent or necessary conflict between ideal theory and real politics, after all. (shrink)

Wellbeing is classically considered a bi-product or externality of economic activity, which can either be positively or negatively influenced. This conventional view is returning to the fore in the face of renewed criticisms of ESG reporting standards as leading business astray from its core financial purpose. However, such reactivism overlooks the fact that wellbeing is the functional and overarching aim of human activity, which Aristotle defines as self-actualization. As such, any sound economic system must, in a fundamental way, enhance individual (...) and collective wellbeing. This essay calls for reinforcing social purpose commitments through a capitalism rooted in moral self-awareness in which the common good displaces profit as the sole function of business. According to this picture, profit maintains its proper place as the means of economic transactions, allowing social purpose to take up its proper place as business' central aim. (shrink)

Despite the widespread presence of public arts funding in liberal societies, some liberals find it unjustified. According to the Neutrality Objection, arts funding preferences some ways of life. One way to motivate this challenge is to say that a public goods-styled justification, although it could relieve arts funding of these worries of partiality, cannot be argued for coherently or is, in the end, too susceptible to impressions of partiality. I argue that diversity-based arts funding can overcome this challenge, because it (...) invests in non-excludable infrastructure that fosters cultural literacy. We all have some interest as citizens in living in a society which fosters cultural literacy, seeing as this helps others to understand us, supports us to understand ourselves, and helps alleviate confusion and alienation we feel toward social difference. While some of these benefits can be enjoyed by those who make and consume art, they are also gained by those who don’t, because arts funding affects the makeup of public spaces and the communicative practices we all use to make sense of the world. (shrink)

Many democratic theorists hold that when a decision is collectively made in the right kind of way, in accordance with the right procedure, it is permissible to enforce it. They deny that there are further requirements on the type of reasons that can permissibly be used to justify laws and policies. In this paper, I argue that democratic theorists are mistaken about this. So-called public reason requirements follow from commitments that most of them already hold. Drawing on the democratic ideal (...) of civic equality, I show that it can successfully explain why political decision-making must have the right sort of procedure-independent justification. However, contra standard accounts of public reason, I argue that laws and policies need to be justified with convergence accessible, not shared, reasons. Public reasons are those that are accessible in light of evaluative standards shared by all, or in light of every citizen’s private evaluative standards. Since this will make the set of public reasons wider, it makes the theory more palatable to sceptics while retaining the framework’s justificatory potential. (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)

Republicans consider freedom as non-domination an attractive political ideal for a modern pluralistic society that cannot be found in liberalism. This book shows how this view is untenable. By analysing freedom as non-domination as it is understood by contemporary republicans, the book rejects the widely held view that this freedom concept is superior to liberal understandings of freedom as non-interference. In fact, setting up institutions to promote non-domination is shown to also promote non-interference. The book demonstrates how it is the (...) focus on making an ideal suitable for a modern society that leads republicans to a view of freedom with no normative insight that cannot also be found in liberalism. However, the book also shows how republicans can adjust their freedom ideal so that it actually offers a distinctly republican contribution to political philosophy. By understanding freedom to require that citizens commit to an especially high level of political participation to deny powerholders opportunities to act against the common good, republicans can reject liberalism and freedom as non-interference. But this freedom ideal does not respect the many citizens in a modern society whose conceptions of a good life do not involve such a high level of political engagement. Republicans therefore face a dilemma: They can promote a freedom ideal suited for modern conditions, but they then end up endorsing a liberal theory promoting freedom as non-interference. Alternatively, they can promote a distinct freedom ideal, but this ideal will be unsuited for a modern society. (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)

Focusing on current efforts to persuade the public to comply with Covid-19 best practices, this essay examines what role appeals to religious reasons should (or should not) play in leaders’ attempts to secure followers’ acceptance of group policies in contexts of religious and moral pluralism. While appeals to followers’ religious commitments can be helpful in promoting desirable public health outcomes, they also raise moral concerns when made in the contexts of secular institutions with religiously diverse participants. In these contexts, leaders (...) who appeal to religious reasons as bases of justification for imposing Covid policies may seem to fail to show respect for the autonomy of those who lack the relevant religious commitments, and—especially when a leader herself rejects the religious commitments she makes reference to to persuade others—her appeals to religious reasons may seem to constitute ethically problematic exercises of manipulation. This essay draws on the resources of contemporary political philosophy to analyze and respond to these concerns and concludes that they are not sufficiently well-founded. To the contrary, it contends that there are good moral grounds for leaders to appeal to religious reasons as (partial) bases of justification for why followers should accept Covid policies. In the course of the argument, this essay also highlights how contemporary political theory can enrich discussions about the distinctions between coercion, manipulation, and leadership, and thereby give insight not only into the ethics of leadership but also—at least by the lights of central theories of leadership like that of James MacGregor Burns (1978)—into whether and how appeals to religious reasons can figure into genuine exercises of leadership, in contrast with mere instances of the wielding of social power. (shrink)

Recently, there have been attempts at offering new justifications of the Rawlsian idea of public reason. Blain Neufeld has suggested that the ideal of political autonomy justifies public reason, while R.J. Leland and Han van Wietmarschen have sought to justify the idea by appealing to the value of political community. In this paper, I show that both proposals are vulnerable to a common problem. In realistic circumstances, they will often turn into reasons to oppose, rather than support, public reason. However, (...) this counterintuitive result can be avoided if we conceive of autonomy and community differently. (shrink)

In recent years, leading public reason liberals have argued that publicly justifying coercive laws and policies requires that citizens offer both adequate secular justificatory reasons and adequate secular motivating reasons for these laws and policies. In this paper, I provide a critical assessment of these two requirements and argue for two main claims concerning such requirements. First, only some qualified versions of the requirement that citizens offer adequate secular justificatory reasons for coercive laws and policies may be justifiably regarded as (...) plausible liberal principles of public justification. And second, the requirement that citizens offer adequate secular motivating reasons for coercive laws and policies is untenable on multiple grounds. Public reason liberals should focus on assessing the justificatory reasons offered for and against coercive laws and policies rather than requiring citizens to offer adequate secular motivating reasons for such laws and policies. (shrink)

Political liberals hold that the exercise of state power is legitimate only if it can be publicly justified—justified on the basis of public reasons. Many find this requirement too demanding and propose instead that there are just pro tanto reasons for laws and policies to be publicly justified. Here I argue that this alternative proposal fails to recognize that there are also distinct pro tanto reasons to have institutional requirements that laws and policies are publicly justified. This suggests an intermediate (...) position between political liberals and their critics, which holds that states have reasons to adopt the kinds of institutions that political liberals favor—institutions that require public justification—but whether they should do so will depend on the costs and benefits of those institutions. This allows for a more practical approach to public justification by focusing on its application in particular political contexts. (shrink)

May the state try to promote the flourishing of its citizens? Some political philosophers—perfectionists—hold that the state may do so, while other political philosophers—anti-perfectionists—hold that the state may not do so. Here I examine how perfectionists might respond to a style of argument that anti-perfectionists give—what I call the legitimacy objection. This argument holds that considerations about flourishing are not themselves the right kind of considerations to justify state authority, and so if the state takes action to promote the flourishing (...) of its citizens, it is meddling in issues that are beyond the legitimate scope of its authority. I argue that this objection only shows that considerations about flourishing cannot themselves legitimate state action, but that they may still guide the state and state officials when they are deciding among policy options that are legitimate for non-perfectionist reasons. (shrink)

We characterize, more precisely than before, what Rawls calls the “analytical” method of drawing up a list of basic liberties. This method employs one or more general conditions that, under any just social order whatever, putative entitlements must meet for them to be among the basic liberties encompassed, within some just social order, by Rawls’s first principle of justice (i.e., the liberty principle). We argue that the general conditions that feature in Rawls’s own account of the analytical method, which employ (...) the notion of necessity, are too stringent. They ultimately fail to deliver as basic certain particular liberties that should be encompassed within any fully adequate scheme of liberties. To address this under-generation problem, we provide an amended general condition. This replaces Rawls’s necessity condition with a probabilistic condition and it appeals to the standard liberal prohibition on arbitrary coercion by the state. We defend our new approach both as apt to feature in applications of the analytical method and as adequately grounded in justice as fairness as Rawls articulates the theory’s fundamental ideas. (shrink)

Institutions promoting republican freedom as non-domination are commonly believed to differ significantly from institutions promoting negative freedom as non-interference. Philip Pettit, the most prominent contemporary defender of this view, also maintains that these republican institutions are neutral between the different conceptions of the good that characterise a modern society. This paper shows why these two views are incompatible. By analysing the institutional requirements Pettit takes as constitutive of republican freedom, I show how they also promote negative freedom by reducing overall (...) interference. To avoid this result, republican institutions must be more restrictive and require that citizens conform to a life of political engagement. But then republican freedom will not be a neutral ideal. Rejecting negative freedom therefore means sacrificing neutrality. (shrink)

How should a liberal state treat its citizens who subscribe to religion and enjoy its component goods? This thesis explores the possibility of reconciling religion and justice. It argues for (1) a proper understanding of religion and the kind of good it constitutes; (2) the possibility of a liberal theory of justice which takes fully into account the claims of believers; and (3) an arrangement of social institutions which protects the engagement of citizens with faith with the goods of religion. (...) There have been several recent liberal approaches to the question which promise to accommodate the claims of believers in societies characterized by pluralism. They aim at the coexistence of citizens with faith with other citizens who are either non-adherents or even opposed to religion. However, so this thesis argues, these approaches are not successful. In particular, they fail to establish more than a mere doctrine of non-discrimination against believers. As a result, these liberal frameworks fail to address the central question of how liberal justice ought to treat religious goods. In reaction, some theorists of religion have claimed that there is a deep incompatibility between liberalism and a proper understanding of what a life devoted to religion is. In contrast, this thesis proposes a novel approach which starts from a unified view of religion, and proceeds to develop a liberal framework to accommodate the claims of believers. It argues that whilst non-discrimination is obviously necessary and fundamental, a more ambitious, proper understanding of religious goods and religious needs can contribute to a more coherent liberal strategy towards citizens with faith. It could also help motivate social policies and institutions to treat believers and non-believers in a just and fair manner. (shrink)

When is it legitimate for a government to ‘nudge’ its citizens, in the sense described by Thaler and Sunstein (2008)? In their original work on the topic, Thaler and Sunstein developed the _‘as judged by themselves’ (or AJBT) test_ to answer this question (Thaler and Sunstein 2008, p. 5). In a recent paper, Paul and Sunstein (2019) raised a concern about this test: it often seems to give the wrong answer in cases in which we are nudged to make a (...) decision that leads to what Paul calls a _personally transformative experience_, that is, one that results in our values changing (Paul 2014). In those cases, the nudgee will judge the nudge to be legitimate after it has taken place, but only because their values have changed as a result of the nudge. In this paper, I take up the challenge of finding an alternative test. I draw on my _aggregate utility account_ of how to choose in the face of what Ullmann-Margalit (2006) calls _big decisions_, that is, decisions that lead to these personally transformative experiences (Pettigrew 2019, Chapters 6 and 7). (shrink)

Dieses Buch bietet die erste ausgearbeitete Darstellung politisch-liberaler Bildung und verbindet eine gründliche Analyse der theoretischen Grundlagen mit anwendungsorientierten Ansätzen für zeitgenössische pädagogische Herausforderungen. Neben einer eingehenden Auseinandersetzung mit den Unzulänglichkeiten der Rawls'schen Theorie und der Erörterung einiger zentraler Einwände gegen neutralitätsbasierte Beschränkungen in der Bildung bietet der Band eine aufschlussreiche Diskussion von Themen wie gleichgeschlechtliche Beziehungen in der Sexualerziehung, die Stellung von Kindern mit Migrationshintergrund und das Recht religiöser Eltern, die Erziehung ihrer Kinder zu bestimmen. Das Buch skizziert ein (...) politisch-liberales Bildungsverständnis, das einen nützlichen Beitrag zu den aktuellen Debatten über Liberalismus und Bildung leistet, wie er in der bisherigen Literatur zum politischen Liberalismus nicht zu finden ist. Es ist von Interesse für alle, die an der Schnittstelle von politischer Philosophie und Bildungsphilosophie arbeiten, sowie für Wissenschaftler, die ein breiteres Interesse daran haben, wie der Liberalismus auf die Herausforderungen des Wertepluralismus reagieren kann. (shrink)

RésuméCette analyse situe la théorie du soin d'Asha Bhandary, telle que définie dans Freedom to Care, dans l'histoire de la philosophie, note certaines caractéristiques distinctives de la théorie qui font clairement évoluer la tradition de la théorie du soin, et soulève des énigmes et des questions concernant des éléments spécifiques de la théorie. Mes remarques portent principalement sur la première partie du livre et sur les quatre sujets suivants : (1) les racines rawlsiennes de la théorie de Bhandary ; (2) (...) les échanges de Bhandary avec Eva Feder Kittay ; (3) le choix de Bhandary de prendre J.S. Mill et John Rawls comme principaux interlocuteurs historiques ; et enfin (4) le choix méthodologique de Bhandary de cibler les « hommes/pères », les « femmes/mères » et les « enfants/filles/garçons » dans une grande partie de son analyse. (shrink)

According to John Rawls’s famous Liberal Principle of Legitimacy, the exercise of political power is legitimate only if it is justifiable to all citizens. The currently dominant interpretation of what is justifiable to persons in this sense is an internalist one. On this view, what is justifiable to persons depends on their beliefs and commitments. In this paper I challenge this reading of Rawls’s principle, and instead suggest that it is most plausibly interpreted in externalist terms. On this alternative view, (...) what is justifiable to persons is not in any way dependent on, or relativized to, their beliefs and commitments. Instead, what is justifiable to all in the relevant sense is what all could accept as free and equal. I defend this reinterpretation of the view by showing how it is supported by Rawls’s account of the freedom and equality of persons. In addition, a considerable advantage of this suggestion is that it allows for an inclusive account of to whom the exercise of political power must be made justifiable. (shrink)

While most of the literature has attempted to justify harsh and soft containment given some fundamental commitments of political liberalism, I focus on how justified forms of containment can in themselves be deemed effective. This article shows that a reading of Rawls allows for a comparison of different containment practices based on their capacity to protect the stability of liberal democracies under serious threat. And, in making it possible to compare harsh and soft containment, I evaluate immediate stability gains against (...) citizens’ judgements about their liberal democratic institutions. (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)

The Catholic Church never officially endorses political candidates but rather respects the freedom of its faithful to vote according to the dictates of their conscience. However, in the last presidential elections, some Catholic bishops and priests in the Philippines publicly and openly supported the presidential candidacy of Vice President Leni Robredo while urging the rest of the faithful to do the same. These bishops and priests anchored their position on their shared belief that voting for Robredo was the only rightful (...) and moral option because of her clean track record, non-involvement in any act of corruption, and principled approach in governance. In contrast, her political archnemesis Ferdinand “Bongbong” Marcos, Jr. had long been embroiled in several allegations of corruption, non-payment of taxes, and fakery of educational attainments. Hence, for these bishops and priests, voting for Marcos Jr. was both wrong and immoral. And yet, the election results hit them with a big “slap in the face,” as more than 31 million Filipinos (majority of whom are Catholics) cast their votes for Marcos Jr., while only 15 million voted for Robredo. This outcome, no doubt, raises the question: Why did the repeated calls of these bishops and priests go unheeded? In this paper, I will attempt to answer this question by subjecting the political moralism of these Catholic leaders to some objective postmodern evaluation. To do this, I will employ the postmodern thoughts of Nietzsche, Lyotard, and Rorty as a lens to examine why many Filipino Catholics today no longer buy the political moralism of their religious leaders. (shrink)

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

Ethics committees like Institutional Review Boards and Research Ethics Committees are typically empowered to approve or reject proposed studies, typically conditional on certain conditions or revisions being met. While some have argued this power should be primarily a function of applying clear, codified requirements, most institutions and legal regimes allow discretion for IRBs to ethically evaluate studies, such as to ensure a favourable risk-benefit ratio, fair subject selection, adequate informed consent, and so forth. As a result, ethics committees typically make (...) moral demands on researchers: require them to act in a way the committee considers ethically right or appropriate. This paper argues that moral demands are legitimate only if publicly justifiable; and as a result, committee decisions are subject to a public justification requirement. Ethics committees can permissibly request for more information, changes to the research protocol or that the research is delayed or even stopped only if these demands are publicly justifiable. This latter claim is in turn justified on the basis that moral demands to φ are permissible only if we are in a position to know that the addressee ought to φ and that we are in a position to know a proposition only if it is publicly justifiable. This argument suggests that ethics committees must consciously and explicitly appeal to public reasons in their decision-making. In cases where public reasons cannot be offered, committees would not be permitted to reject a given study or make approval conditional on an amendment. (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)

In Liberalism with Excellence, Matthew Kramer makes an argument for how excellence may enter in into liberalism, despite liberalism’s strong commitment to neutrality. Kramer seeks to challenge not only the uncompromising rejection of this position by liberals such a Jonathan Quong, but also the so-called “blended” approach of “soft-perfectionist” scholars such as Joseph Raz and George Sher. In this essay, I do not so much challenge Kramer’s approach as offer an alternative for accomplishing the same thing. Under my proposal, certain (...) forms of excellence and neutrality can both be accommodated as long as state support for the form of excellence at issue is proportional to the support for such a form of excellence within the relevant polity, competing forms of excellence are non-rivalrous, and no one is forced to embrace a form of excellence with which they disagree. My proposal is therefore not what Ronald Dworkin derogatively characterized as “a checkerboard solution.” Rather than allowing the state to support contrary moral positions at one and the same time, it is a solution that takes morally compatible but nevertheless competing conceptions of excellence seriously, and exhibits neutrality by giving them proportional rather than full support. This neither forces anyone to pursue the particular forms of excellence the state supports nor prevents them from pursuing some other form of excellence entirely or, if they wish, no form of excellence at all. (shrink)

Scientists are frequently called upon to “democratize” science, by bringing the public into scientific research. One appealing point for public involvement concerns the nonepistemic values involved in science. Suppose, though, a scientist invites the public to participate in making such value-laden determinations but finds that the public holds values the scientist considers morally unacceptable. Does the argument for democratizing science commit the scientist to accepting the public’s objectionable values, or may she veto them? I argue that there are a limited (...) set of cases in which scientists can, consistently with a commitment to democratized science, set aside the public’s judgments. (shrink)

The Yogyakarta Principles for the application of human rights to sexual orientation and gender identity define gender identity as “each person’s deeply felt internal and individual experience of gender, which may or may not correspond with the sex assigned at birth, including the personal sense of the body and other expressions of gender, including dress, speech, and mannerisms.” This definition and its acknowledgment within human rights politics is a key step in the fight of trans people for legal protection. Our (...) aim is to analyze this definition both historically and systematically to find out how the Western liberal conception of rights fosters specific trans politics and limits the options for others. Specifically, we claim that political liberalism and the form of subjective rights that it brings about influence concepts of identity and political strategies. While we analyze the limits of the liberal framework, our aim is to think about how it is possible that even within this framework, non-normative bodies and queer identities can be acknowledged and supported through law. (shrink)

Political liberals assume an accessibility requirement, which means that, for ensuring civic respect and non-manipulation, public officials should offer accessible reasons during political advocacy. Recently, critics have offered two arguments to show that the accessibility requirement is unnecessary. The first is the pluralism argument: Given the pluralism in evaluative standards, when officials offer non-accessible reasons, they are not disrespectful because they may merely try to reveal their strongest reason. The second is the honesty argument: As long as officials honestly confess (...) their beliefs after offering non-accessible reasons, disrespect and non-manipulation do not occur. This paper defends the accessibility requirement and asserts that these two arguments overlook a unique feature of the political domain. While all citizens collectively own political power as a corporate body, an official does not privately own her political power. Instead, she is a trustee who has a duty to act on behalf of the corporate body, that is, she has to make decisions on grounds that are accessible to others. This duty explains why, despite pluralism, the accessibility requirement is necessary. Moreover, given that political decisions are profoundly influential to each person, requiring people to be honest is ineffective in discouraging disrespectful and manipulative acts. (shrink)

Liberalism has a complicated and sometimes uneasy relationship with truth. On one hand, liberalism requires that truth be widely valued and widely shared. It demands that governments be truthful and that citizens have ready access to numerous truths. Some liberals even take facilitating the discovery and dissemination of truth to be part of the raison d’être of liberal institutions. On the other hand, liberalism is averse to proclaiming or enforcing truth. It detaches truth from political legitimacy and deems certain truths (...) unfit to serve as bases of government. Some liberals have even suggested that liberal theory must work “without the concept of truth.” How has liberalism come to both demand truth and eschew it? This introductory section provides the beginnings of an answer by surveying some of the origins and core elements of liberal thought. (shrink)

John Rawls raises three challenges – to which one can add a fourth challenge – to an impartial spectator account: (a) the impartial spectator is a utility-maximizing device that does not take seriously the distinction between persons; (b) the account does not guarantee that the principles of justice will be derived from it; (c) the notion of impartiality in the account is the wrong one, since it does not define impartiality from the standpoint of the litigants themselves; (d) the account (...) would offer a comprehensive, rather than a political, form of liberalism. The narrow aim of the article is to demonstrate that Adam Smith's impartial spectator account can rise to Rawls's challenges. The broader aim is to demonstrate that the impartial spectator account offers the basis for a novel and alternative framework for developing principles of justice, and does so in the context of a political form of liberalism. (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)

The paper critically discusses the dualism in the interpretation of the moral basis of public reason. We argue that in order to maintain the complementarity of both liberal and democratic values within the debate on public reason, the arguments from liberty and from civic friendship cannot be considered in isolation. With regard to the argument from liberty, we contend that because the idea of natural liberty is an indispensable starting point of liberal theory, no explanation of the justification of political (...) power can do without it. In particular, we focus on the requirement of reasonableness and show that we should retain the epistemic aspect of the reasonableness of persons. The main reason for this is to be found in the criterion of reciprocity which provides the deepest justification of the respect for people’s liberty – that is, the liberal aspect of liberal democracy. At the same time, however, we argue that reciprocity also provides the grounds for responding to the criticism that the essentially liberal approach fails to adequately take into consideration the role of political community. Because reciprocity may also be interpreted as being based on civic friendship, it provides the resources to respond to such criticism. It thus supplies the normative background also for the second, democratic pillar of public reason. We then critically examine the newly emerging approach built predominantly on the argument from civic friendship, arguing that by prioritising the civic friendship interpretation and, at times, tending to completely abandon the liberty-based one, it overlooks the indispensability of liberty-based considerations for the criterion of reciprocity. We conclude that in order to adequately capture the common liberal-democratic basis of public reason, both interpretations of reciprocity must be linked within a comprehensive account. (shrink)

A wide range of non-pharmaceutical interventions (NPIs) have been introduced to stop or slow down the COVID-19 pandemic. Examples include school closures, environmental cleaning and disinfection, mask mandates, restrictions on freedom of assembly and lockdowns. These NPIs depend on coercion for their effectiveness, either directly or indirectly. A widely held view is that coercive policies need to be publicly justified—justified to each citizen—to be legitimate. Standardly, this is thought to entail that there is a scientific consensus on the factual propositions (...) that are used to support the policies. In this paper, we argue that such a consensus has been lacking on the factual propositions justifying most NPIs. Consequently, they would on the standard view be illegitimate. This is regrettable since there are good reasons for granting the state the legitimate authority to enact NPIs under conditions of uncertainty. The upshot of our argument is that it is impossible to have both the standard interpretation of the permissibility of empirical claims in public justification and an effective pandemic response. We provide an alternative view that allows the state sufficient room for action while precluding the possibility of it acting without empirical support. (shrink)

Public reason liberals claim that legitimate rules must be justifiable to diverse perspectives. This Public Justification Principle threatens that failing to justify rules to reprehensible agents makes them illegitimate. Although public reason liberals have replies to this objection, they cannot avoid the challenge of powerful deceivers. Powerful deceivers trick people who are purportedly owed public justification into considering otherwise good rules unjustified. Avoiding this challenge requires discounting some failures of justification according to what caused people’s beliefs. I offer a conception (...) of public justification that accommodates these externalist considerations while positioning Public Reason Liberalism to provide insight into real cases of deception. (shrink)