The paper begins with a hypothetical story and asks: how should a Rawlsian political liberal state justify its coercion over Nozick, an unreasonable but intelligible citizen (UIC)? I use this thought experiment to illustrate a recent critique of political liberalism. It argues that political liberalism coerces UIC on a sectarian ground. Call it the sectarian critique. My paper addresses the sectarian critique from a political liberal perspective. I suggest a condition of state conjecture, which argues that the state officials should (...) use conjecture to engage with UIC, like Nozick. This brings two benefits to the stability of a political liberal society. First, UIC may be convinced and become reasonable citizens. Secondly, the activity of offering conjectures can strengthen the public confidence of political liberalism as a valuable collective project. Although, eventually, some UIC may remain unpersuaded and be coerced on grounds that are unjustified to them, the force of the sectarian critique will be significantly weakened after the condition of state conjecture is fulfilled. (shrink)

Political liberalism holds that some kinds of disagreement give rise to a duty of restraint. On this view, citizens ought to limit the considerations they invoke in political advocacy to those that meet a certain kind of publicity requirement. Many of the arguments for political liberalism's duty of restraint contain a grain of truth. But properly understood, these arguments instead support the duty of responsiveness, which directs citizens to respond to disagreement in a very different way than the duty of (...) restraint recommends. (shrink)

John Rawls based his theory of justice, in the work of that name, on a ‘Kantian interpretation’ of the status of human beings as ‘free and equal’ persons. In his subsequent, ‘political rather than metaphysical’ expositions of his theory, the conception of citizens of democracies as ‘free and equal’ persons retained its foundational role. But Rawls appealed only to Kant’s moral philosophy, never to Kant’s own political philosophy as expounded in his 1797 Doctrine of Right in theMetaphysics of Morals. I (...) argue here that the structure of Kant’s political philosophy, with its categories of the innate right to freedom, private acquired right and public right, can clarify the relationship between Rawls’s two principles of justice and his scheme of basic liberties and primary goods. (shrink)

Recently, scholars have criticized what they call the “Kantian-Republican” thesis of freedom as non-domination. The main complaint is that domination is unavoidable. This concern can be separated into the problem of state domination, which suggests that the state's intervening powers necessarily dominate its citizens, and the problem of majority domination, which suggests that the People necessarily dominate individual citizen as a result of the potential to form dominating majorities.

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)

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)

Journal of Political Philosophy, Volume 30, Issue 2, Page 143-165, June 2022.

My dissertation defends W.E.B. Du Bois’s philosophy of modern freedom, which he grounds in the historical reconstruction of the American civic community on the moral basis of free and equal citizenship. Rather than ascribe to him an elitist politics of racial ‘uplift’ and assimilation to Anglo- American folkways, I instead argue that he defends black moral and political autonomy for securing state power and civic equality. Additionally, he challenges both historical and the contemporary political philosophers, including John Rawls, Axel Honneth, (...) and Philip Pettit, to articulate the racial dimension of the development of a social order that actualizes the moral meaning of free and equal citizenship. In establishing his novel philosophy of freedom, I adduce three critical components: (1) Contra standard interpretations of Du Bois that claim he espouses a controversial racialist doctrine, I argue that his racialism is best understood as conceptualizing the ethical salience of racial difference in the context of a democratic plurality. In the light of dominant accounts of plurality that do not foreground race, pace Margaret Gilbert and John Rawls, Du Bois deemphasizes individuals’ free choice in social group formation. In accepting the importance of free choice, he stresses collective historical experience as furnishing the normative salience of racial identity, which prefigures individuals’ free choice. A racialist model of racial difference in a democratic plurality exacts the civic obligation to confront the historical legacy of slavery and Jim Crow. (2) In advancing the moral value of citizenship, Du Bois affirms the moral obligation of the modern American state to represent black interests from Reconstruction onwards. Drawing on G.W.F. Hegel’s normative theory of the modern state, I justify Du Bois’s analysis of postbellum federal policies concerning black freedmen and refugees of the Civil War. Du Bois observes that the Freedmen’s Bureau – established with the passage of the 1865 Radical Reconstruction Amendments – democratically facilitated a ‘social revolution’ by promoting the integration of black freedmen on the moral basis of free and equal citizenship under the aegis of the federal government. Implicit in his analysis is a normative commitment to representational government that in attending to the needs of the postbellum black community incorporates black political will in the public adjudication of the common good – a historically unprecedented phenomenon. (3) With the rise of Jim Crow, when the U.S. federal government skirted its moral obligation to defend black interests, Du Bois argues that the black church and college assumed a civic function. Habits of citizenship flourished there, affirming the moral agency of African Americans as American citizens. Inasmuch as these institutions groomed disenfranchised black citizens for the assumption of political power, I articulate the challenge they present to John Rawls, Axel Honneth, and Philip Pettit to chart the civic dimension of ‘private’ social institutions. Because they neglect to theorize the historical experience of racial subordination, their views of freedom omit a formulation of social cooperation guided by the notion of the civic within the institutional context of civil society. Specifically, their accounts of the interrelation between citizens, social institutions, and the modern state fail to capture the civic function of the black church and college during Jim Crow. Thus, Du Bois’s dynamic, institution-based account of freedom highlights the racial dimension in the historical contestation of the legitimate scope and ends of the American civic community. (shrink)