The so-called debate between Jürgen Habermas and John Rawls concentrated mainly on the latter’s political liberalism. It dealt with the many aspects of Rawls’s philosophical project. In this article, I focus only on one of them, namely the epistemic or cognitivistic nature of principles of justice. The first part provides an overview of the debate, while the second part aims to show that Habermas has not misinterpreted Rawls’s position. I argue that Habermas rightly considers Rawls’s conception of justice as a (...) moral one. In the last part, I discuss two key questions raised by Habermas. The first concerns the relation between justification and acceptance of the principles of justice. The second concerns the relation between two validity terms: truth and reasonableness. (shrink)

In 1971, John Rawls published A Theory of Justice, the burden of which was strongly egalitarian. But Rawls eventually came to the conclusion that the project of working out a stable, well‐ordered society as argued in A Theory of Justice had failed. In 1993, in Political Liberalism, Rawls sought to establish a sounder theoretical foundation for a stable, well‐ordered society. Rawls was widely viewed, however, as having given up egalitarianism in Political Liberalism ‐ the commitment to a fair distribution, or (...) ‘justice as fairness’, along lines originally developed in A Theory of Justice. I argue, by contrast, that Political Liberalism does not in fact repudiate the egalitarianism of A Theory of Justice. Political liberalism has many variants, including variant conceptions of justice. In the first part of what follows, the question is raised whether political liberalism can defend a conception of justice that is as egalitarian as ‘justice as fairness’. Such a conception would guarantee the fair value of political liberties and would also contain the so‐called ‘difference principal’, which states that social and economic inequalities are to be adjusted so that they are to the greatest benefit of the least advantaged. Although it seems possible to defend such an egalitarian conception of justice, it does not seem necessary, all the same, that all variants of political liberalism should be as egalitarian as justice as fairness. Thus, in the second part of my argument, I seek to overturn, or at least substantially to qualify, the idea that there is no need for political liberalism to be strongly egalitarian. I conclude that the egalitarian credentials of political liberalism have to be bolstered, even more so than Rawls himself seems to think. (shrink)

I defend a neo-Kantian view wherein we are capable of being completely autonomous and impartial and argue that this ability can ground normativity. As this view includes an existentialist conception of the self, I defend radical choice, a primary component of that conception, against arguments many take to be definitive. I call the ability to use radical choice “existentialist voluntarism” and bring it into a current debate in normative philosophy, arguing that it allows that we can be distanced from all (...) ends at once so as to be completely impartial. Finally, I indicate how this can be the source of normativity as it provides a purely impartial reason for being rational. (shrink)

This chapter discusses the Rawlsian project of public reason, or public justification-based 'political' liberalism, and its reception. After a brief philosophical rather than philological reconstruction of the project, the chapter revolves around a distinction between idealist and realist responses to it. Focusing on political liberalism’s critical reception illuminates an overarching question: was Rawls’s revival of a contractualist approach to liberal legitimacy a fruitful move for liberalism and/or the social contract tradition? The last section contains a largely negative answer to that (...) question. Nonetheless the chapter's conclusion shows that the research programme of political liberalism provided and continues to provide illuminating insights into the limitations of liberal contractualism, especially under conditions of persistent and radical diversity. The programme is, however, less receptive to challenges to do with the relative decline of the power of modern states. (shrink)

In this article, we develop an approach for the moral assessment of research and development networks on the basis of the reflective equilibrium approach proposed by Rawls and Daniels. The reflective equilibrium approach aims at coherence between moral judgments, principles, and background theories. We use this approach because it takes seriously the moral judgments of the actors involved in R & D, whereas it also leaves room for critical reflection about these judgments. It is shown that two norms, namely reflective (...) learning and openness and inclusiveness, which are used in the literature on policy and technological networks, contribute to achieving a justified overlapping consensus. We apply the approach to a case study about the development of an innovative sewage treatment technology and show how in this case the two norms are or could be instrumental in achieving a justified overlapping consensus on relevant moral issues. (shrink)

Recently several political theorists have argued that mainstream political theory, exemplified by John Rawls’ political liberalism, is based on such idealist and moralist presuppositions, that it cannot be relevant for real politics. This article aims to show that the criticism of these ‘realists’, as these critics are referred to, is based on an incorrect reading of Rawls’ work. The article explains that there are three ways in which his political liberalism can be said to offer a realist understanding of politics: (...) (a) political liberalism interprets the morality inherent in engaging in politics; (b) it acknowledges reasonable disagreement about justice; and (c) it develops standards of public reason, with which to assess the legitimacy of political compromises. The article recovers the realism of political liberalism and indicates new sites of discussion between political liberals and political realists. (shrink)

Governments are subject to the requirements of justice, yet often seem to go above and beyond what justice requires in order to act in ways many people think are good. These kinds of acts – examples of which include putting on celebrations, providing grants to poets, and preserving historic architecture – appear to be acts of government supererogation. In this paper, I argue that a common view about the relationship between government, coercion, and justice implies that most such acts are (...) not supererogatory, but wrong. Many will find that conclusion unattractive, but rejecting the common view that implies it raises problems, too. (shrink)

Contributions to stakeholder theory often do not systematically deal with the prioritization of stakeholder interests. An exception to this is Reed’s Habermasianapproach to stakeholder management. Central to Reed’s discursive approach is Habermas’s distinction between morality and ethics. Many authors in business ethics argue that, because of its distinction between morality and ethics, discourse ethics is well suited for dealing with the pluralism that characterizes modern society, but also mention complications with the application of this distinction. This paper taps into the (...) vivid debate in political philosophy on Habermas’s distinction between morality and ethics and, on this basis, further elaborates how stakeholder interests should be prioritized from the point of view of discourse ethics. It thus estimates the consequences of the objections against Habermas’s distinction for a discursive approach to the prioritization of stakeholder interests. The conclusion is that, although Habermas’s distinction is not as neat as it may seem, it is not fundamentally challenged and may be successfully applied in the prioritization of stakeholder interests. (shrink)

Proponents of large-scale land acquisitions (LaSLA) argue that poor countries could benefit from foreign direct investment in land (World Bank 2011), while opponents argue that LaSLA is nothing more than neo-colonial theft of poor peasants’ livelihoods, i.e., land grabbing (Borras and Franco in Yale Hum Rights Dev L J, 13: 507–523, 2010a). To ensure responsible agricultural investments (RAI), a voluntary “code of conduct” for land acquisitions has been proposed by the World Bank (2011) and the FAO (2012). A critical reaction (...) to the “code of conduct” approach is the proposal for a set of minimum human rights principles, suggested by the UN Special Rapporteur on the Right to Food, De Schutter (2009). Even more critical of the “code of conduct” approach are Borras and Franco in Yale Hum Rights Dev L J, 13(2): 507–523, 2010a, who propose empowering small-scale farmers by giving them land sovereignty so that they are assured control over their land. This paper is a review of the governance and ethics issues connected to LaSLA. It has four main objectives: First, it offers a critical presentation of three major governance approaches to LaSLA: the “liberal code of conduct” (FAO and the World Bank), the ‘critical liberal human rights’ approach (De Schutter) and the ‘Marxist’ approach (Borras and Franco). Second, it discusses the notion of a human right to land, with reference to John Locke’s theory of appropriating land. Third, it discusses the issue of ensuring an inclusive process in LaSLA. Finally, an argument is made for instituting a (global) obligation to refrain from participating in or benefitting from institutional schemes that facilitate negative land grabbing (Pogge in Politics as usual: what lies behind the pro-poor rhetoric? Polity Press, Cambridge 2010). (shrink)

John Rawls's transition from A Theory of Justice to Political Liberalism was driven by his rejection of Theory's account of stability. The key to his later account of stability is the idea of public reason. We see Rawls's account of stability as an attempt to solve a mutual assurance problem. We maintain that Rawls's solution fails because his primary assurance mechanism, in the form of public reason, is fragile. His conception of public reason relies on a condition of consensus that (...) we argue is unrealistic in modern, pluralistic democracies. After rejecting Rawls's conception of public reason, we offer an ‘indirect alternative’ that we believe is much more robust. We cite experimental evidence to back up this claim. (shrink)

Politics, in an emphatic sense of the term, involves questioning, a sense of importance, rationality and a collective investment in political life. The essay discusses some of the threats against the political imaginary thus understood in contemporary Western societies. Depoliticizing trends are found in political and economic theory and echoed in discussions about political problems of global complexity. The responses to the experiences of political powerlessness include the rise of right wing populism and extremism. To analyse these currents, the essay (...) discusses a notion of Cornelius Castoriadis that has been little developed in political theory: the distinction between validity de facto and validity de jure. It is argued that the category of validity de jure can put into philosophical relief the problems of depoliticization and the sliding scale from populism to terrorism. An increased awareness of the question of validity can further develop a reflexive understanding of distinctions between what is and what ought to be, and thus, to the importance of practicing politcs. (shrink)

This article provides two empirical evaluations of deliberation. Given that scholars of deliberation often argue for its importance without empirical support, we first examine whether there is a "deliberative difference"; if actors engaging in deliberation arrive at different decisions than those who think on their own or "just talk." As we find a general convergence within deliberation scholarship around reasons and inclusion, the second test examines whether these two specific mechanisms are central to deliberation. The first evaluation looks at outcomes (...) within a laboratory setting; the second at videotapes of decision-making processes within this setting. Our results show two things. First, in terms of outcomes, deliberation differs from other forms of interaction. Second, reasons and inclusion are central to the deliberative process. The more reasons provided within each group, the more likely participants were to change their position; similarly, the more inclusive groups were, the more likely participants were to change their position. We conclude by arguing that more work needs to be done, both in evaluating the deliberative difference and in disaggregating deliberation and examining its central explanatory mechanisms. (shrink)

Jeffrey Stout claims that John Rawls's idea of public reason (IPR) has contributed to a Christian backlash against liberalism. This essay argues that those whom Stout calls “antiliberal traditionalists” have misunderstood Rawls in important ways, and goes on to consider Stout's own critiques of the IPR. While Rawls's idea is often interpreted as a blanket prohibition on religious reasoning outside church and home, the essay will show that the very viability of the IPR depends upon a rich culture of deliberation (...) in which all forms of reasoning can be put forth for consideration. This clarification addresses the perception that the IPR imposes an “asymmetrical burden” upon believers. In fact, the essay suggests that there are good reasons why believers, qua believers, might endorse the IPR. (shrink)

An analysis of the epistemological structure of democratic deliberation as a procedure in which legal norms are constructed reveals that deliberation combines procedural and substantive aspects in a unique and inextricable manner. The co-original recognition of the private and public autonomy of all citizens provides the substantive critical standard against which the justice of norms is measured. At the same time, such recognition requires that the particular needs and values of all people concerned be taken into account. Given the privileged (...) epistemic access people have to their own particular perspective, this requirement implies the ineliminability of actual deliberative procedures. The open-ended nature of these constructive procedures is partly due to the fact that the rules of the procedure are counterfactual and themselves subject to interpretation. More importantly, it also reflects the historical nature of our human world and the freedom of moral persons to shape and reshape their preferences. (shrink)

ABSTRACT: I argue that Joseph Raz’s service conception of authority cannot convincingly account for the nature and source of democratic authority. It cannot explain why decisions made democratically are more likely to be sound than decisions made non-democratically, and therefore, why democratic decisions might be understood as constituting moral reasons for action and compliance independently of their instrumental dimensions. My argument is that democratic authority cannot be explained completely in terms of the truth or soundness of the outcomes it tends (...) toward. A full account of democratic authority must involve non-instrumental values about the moral caliber of democratic procedures. (shrink)

Jürgen Habermas’s political philosophy incorporates the view that legitimacy is immanent to law, even though it makes morality a central component of democratic legitimacy. Taking this as a startin...

Critics and defenders of Rawls' idea of public reason have tended to neglect the relationship between this idea and his conception of democratic legitimacy. I shall argue that Rawls' idea of public reason can be interpreted in two different ways, and that the two interpretations support two different conceptions of legitimacy. What I call the substantive interpretation of Rawls' idea of public reason demands that it applies not just to the process of democratic decision-making, but that it extends to the (...) substantive justification of democratic decisions. I shall argue against this interpretation and suggest a procedural interpretation instead. On this view, public reason is invoked when it comes to the political justification of the principles that should govern the process of democratic decision-making, but not – at least not directly – in relation to the content of public deliberation. (shrink)

A. W. Carus champions Rudolf Carnap’s ideal of explication as a model for liberal political deliberation. Constructing a linguistic framework for discussing social problems, he argues, promotes the resolution of our disputes. To flesh out and assess this proposal, I examine debate about the social institutions of marriage and adoption. Against Carus, I argue that not all citizens would accept the pragmatic principles underlying Carnap’s ideal. Nevertheless, explication may facilitate inquiry in the social sciences and be used to create models (...) that help us to understand past disputes. This latter application reveals explication’s potential for refining the social histories that inform contemporary political discourse. (shrink)

Political liberalism purports to be independent from any controversial philosophical presuppositions, and its basic principles and features are often presented as the most accommodating of difference and heterogeneity, so long as the latter is not illiberal, oppressive and fanatic. Educational theory welcomes this assumption and attempts to utilise it in citizenship curriculum debates, often in a receptive and arguably uncritical way. I shall critique the above by unveiling the contestable epistemological and anthropological theses underlying Rawls' difference principle and by discussing (...) the conception of education that they ground. I shall draw especially on sociology of education and its questioning of the ‘racism of intelligence’ in order to show that political liberalism mistakes its self- and world-understanding as a reflection of general and undisputed facts. Further, I shall explain how a more critical perspective would give educational theory a more active role by challenging the so-called ‘reproductive’ conception of education. I shall conclude by assessing the significance of such a critique for teaching citizenship, putting forward some suggestions for a reorientation of political education. (shrink)

RÉSUMÉ: Richard Rorty est souvent vu comme une sorte de clone américain de Derrida et considéré, en tant que tel, comme irresponsable à la fois au plan philosophique et au plan politique. Je soutiens que c’est là une caricature. Rorty propose à la fois une version unifiée, pénétrante et raisonnée du pragmatisme, et une métaphilosophie originale et stimulante, imprégnée de la tradition analytique et qui, tout en lui adressant un défi de taille, lui reste néanmoins tout à fait accessible. Tel (...) est mon propos principal. J’ai deux sous-thèmes: 1) que Rorty a été caricaturé par la gauche; et 2) qu’une position comme celle de Rorty et celle du marxisme analytique peuvent être compatibles. (shrink)

RésuméRichard Rorty est souvent vu comme une sorte de clone américain de Derrida et considéré, en tant que tel, comme irresponsable à la fois au plan philosophique et au plan politique. Je soutiens que c'est là une caricature. Rorty propose à la fois une version unifiée, pénétrante et raisonnée du pragmatisme, et une métaphilosophie originale et stimulante, imprégnée de la tradition analytique et qui, tout en lui adressant un défi de taille, lui reste néanmoins tout à fait accessible. Tel est (...) mon propos principal. J'ai deux sous-thèmes: 1) que Rorty a été caricaturé par la gauche; et 2) qu'une position comme celle de Rorty et celle du marxisme analytique peuvent être compatibles. (shrink)

An identification is made of the core metaphilosophical, philosophical, and intellectual history theses in Richard Rorty's pragmatism. Their rationale is displayed and it is argued that his metaphilosophical theses are very much dependent on certain of his non‐metaphilosophical philosophical theses, most centrally his anti‐representationalism. Questions emerge about the status and justification of these theses. Rorty, in his programmatic pronouncements, resists providing a vindication of them. Seeking to avoid what has been called performative contradictions, he regards it as sufficient to provide (...) the best narrative going of what is to be said here. It is argued that a more straightforward defence can be provided that does not depart from his holism or his historicism with its setting aside of claims of necessity. (shrink)

We formulate a distinctly 'political liberal' conception of mutual respect, which we call 'civic respect', appropriate for governing the public political relations of citizens in pluralist democratic societies. A political liberal account of education should aim at ensuring that students, as future citizens, learn to interact with other citizens on the basis of civic respect. While children should be required to attend educational institutions that will inculcate in them the skills and concepts necessary for them to be free and equal (...) citizens, parents should be granted as much freedom as is compatible with the requirements of civic respect to raise their children in accordance with their respective 'comprehensive doctrines' (systems of beliefs and values, including religious doctrines). We consider an objection to our position drawn from the account of upbringing recently advanced by Matthew Clayton, namely, that the conception of civic respect that we advance rests on an implausible view about the limited scope of the requirements of political justice. We develop an account of the 'basic structure of society' as the appropriate subject of political justice that can overcome this objection. (shrink)

The concept of legitimacy is often used and emphasized in the context of setting limits in health care, but rarely described is what is actually meant by its use. Moreover, it is seldom explicitly stated how health-care workers can contribute to the matter, nor what weight should be apportioned to their viewpoints. Instead the discussion has focused on whether they should take on the role of the patients’ advocate or that of gatekeeper to the society’s resources. In this article, we (...) shed light on the role of health-care workers in limit setting and how their conferred legitimacy may support subordinators’ (i.e. citizens’) conferred legitimacy. We argue that health-care workers have an important role to play as both moral and political agents in limit setting, and delineate normative conditions that justify and facilitate health-care workers in conferring legitimacy on this kind of decision. Their role and potential impact on political limit setting does not—theoretically—affect the idea of democratic legitimacy negatively. Rather, as we suggest, by designing for limit-setting policymaking accordingly, health-care workers, as well as citizens, are more justified in conferring democratic legitimacy to health-care limit-setting decisions than if these concerns were not addressed. (shrink)

Journal of Social Philosophy, EarlyView.

James Tully's account of a ?post?imperial constitutionalism?, in his book Strange Multiplicity, wrongly rejects the ideal of impartiality in modern political theory. Pace Tully, this paper argues for a conception of impartiality called ?justice as provisionality?. This is demonstrated by explaining the concept of a ?contrastive hard case?. These cases, exemplified both by indigenous peoples? struggles for recognition and ?traditional? justifications for violence against women, centrally involve conflicts over the cultural interpretation of value. The paper argues that the just adjudication (...) of these cases depends on understanding two different senses of the term ?provisionality?. These demonstrate that the post?imperial state can give impartial reasons for the rights of parties to ?contrastive? claims in a way that integrates the concerns of both feminists and cultural pluralists. The two senses of provisionality are: first, that consequent upon historical injustice, the post?imperial state should recognize the legitimacy of citizens? partial reasons for their actions and practices; and hence, should recognise that the domain of public, impartial reason is always provisional and incomplete. Second, our capacities for reason are dependent on public and nonpublic provision, protection and care. This is because diverse inequalities and injustices could prevent vulnerable people, in some cases women, from acting according to reasons at all. (shrink)

In The Idea of Justice (2009), Amartya Sen distinguishes between ?transcendental institutional? approaches to justice and ?realization-focused comparisons,? rejecting the former and recommending the latter as a normative approach to global justice. I argue that Sen?s project fails for three principal reasons. First, he misdiagnoses the problem with accounts that he refers to as transcendental-institutionalist. The problem is not with these kinds of accounts per se, but with particular features of prominent approaches. Second, Sen?s realization-focus does not account well for (...) the value of institutions of global justice. And even Sen agrees that reforms to institutions are urgently needed. And third, the distinction between transcendentalism and comparative approaches is implausible. I close by suggesting a strategy for an alternative institutionalist approach that can offer the kind of guidance for reforming the global order that Sen rightly takes as urgent. (shrink)

Justice is important, but so is peaceful cooperation. In this article, I argue that if one takes seriously the autonomy of individuals and groups and the fact of moral pluralism, a just system of cooperation cannot guarantee peaceful cooperation in a pluralistic world. As a response to this consideration, I develop a contractarian theory that can secure peace in a pluralistic world of autonomous agents, assuming that the agents who exist in this world expect that peaceful cooperation is the most (...) beneficial form of interaction for them in the long run. The theory specifies the restrictions on the behavior of autonomous individual and collective agents that are indispensable for peaceful cooperation in a pluralistic world. In particular, I argue for the need of (i) a globally valid rule of conflict resolution to settle all intra- and inter-group conflicts that cannot be resolved locally, (ii) a world court to apply this rule in cases where local group authorities are inadequate to do so, and to serve as a final court of appeal, and (iii) a world police to enforce the rule. (shrink)

Nowadays, product labels are often used to enable consumers choose products that are friendly to the environment and to animals, natural, healthful and socially responsible. However, certain features of commonly used labels limit their usefulness. This thesis identifies a number of these limitations and presents an innovative labeling approach designed to address them. More specifically, the following features limit the usefulness of the commonly used “endorsement” labels: they (1) offer a single certification grade, the requirements for which (2) are ‘static’ (...) in the sense that certification standards do not depend on the evolution of the market, (3) are voluntary, and (4) are defined by stakeholders. Consequently, common labels fail to remove information asymmetry regarding the ethical performance of non-certified products; limit the opportunities for moderately –yet positively– concerned consumers to reveal ethical preferences; fail to motivate product improvement beyond certification standard; allow the emergence of a confusing variety of overlapping labels; and allow production stakeholders to resist socially desirable certification requirements when these are unfavorable to their business. In shoft, ethical labels currently fail to unleash on ethical aspects of production the inherently ‘free-market’ dynamics according to which products and firms must continuously innovate and improve, or else become obsolete and vanish. As an alternative, this thesis proposes and works out an innovative “comparative” labeling approach that is designed to address these limitations. The proposed type of label is (1) multi-grade or continuous, (2) dynamic, (3) mandatory, and (4) society-defined. An example of this type of label is given at Figure 1. Figure 1: Two variations of an example intuitive color-coded label format. The variations depict different sets of product attributes, and also different aggregation levels of the Environmental Impact attribute. This type of labeling could motivate the creation of a ‘vitruous cyrcle’ or ‘race to the top’, in which the ethical performance of products moves to the direction that society at large regards as ‘positive’. This process is outlined at Figure 2. Figure 2: Expected effects on the environmental performance of marketed product substitutes from the introduction of the proposed labeling system, in three phases. In Phase 1, the label is introduced on product substitutes available in the market (supply). In Phase 2, the supply evolves. To the standard (negative) incentives for cost minimization, are now added (positive) incentives to avoid negative reputation and to improve further the environmental frontiers of production through innovation. In Phase 3, the label is adjusted (updated) to the evolved supply. Products that failed to improve since last update might become downgraded (blue arrows). It is argued that the proposed labeling approach has the potential to boost ethical consumerism as a force for the ethical optimization of the market. This can be directly relevant to issues about which society is concerned, and democratically elected goverments have limited ability to regulate. Among possible uses of the method developed to assess the relative performance of substitute products, are the comparative ranking of presently available labels (so as to inform consumers on the relative impact of different certified products), the justification of the allocation of incentives and discincentives in state policy, and also the ethical optimization and promotion of own production by socially responsible suppliers. Overall, the described approach aspires to transform markets into instruments that work to the direction willed by society, so as to bring market-driven and continuous improvement for production aspects of societal concern, such as environmental and socioeconomic aspects of the real economy. (shrink)

John Rawls proposed, as what he called “the liberal principle of legitimacy,” that coercive exercises of political power can be justified to free and equal dissenters when “in accordance with a constitution (written or unwritten) the essentials of which all citizens, as reasonable and rational, can endorse.” Does “unwritten constitution” there refer to norms of constitutional import, but that subsist only as custom, not as law? To norms that subsist as common law but not as code law? To empirical regularities (...) of political practice, as opposed to normative rules and standards? Which interpretation is best? (shrink)

My aim in this article is to investigate the epistemic dimension of reasonableness. In the last decades, the concept of reasonableness has been deeply analysed, and yet, I maintain that a strictly epistemic analysis of reasonableness is still lacking. The goal of this article is to clarify which epistemic features characterize reasonableness as one of the fundamental virtues in the political domain. In order to justify political liberalism through a public justification that averts the risk of falling into a dilemma, (...) it is important to establish in advance which are the epistemic constraints that should be respected. My proposal is that a moderate approach in moral epistemology expresses the best scheme available to us – as moral agents constrained by the limit of our rationality – for establishing a normatively binding, and yet realistic, procedure of justification for political institutions and practices. (shrink)

In Free Market Fairness, John Tomasi tries to show that ‘thick’ economic liberties, including the right to own productive property, are basic liberties. According to Tomasi, the policy-level consequences of protecting economic liberty as basic are essentially libertarian in character. I argue that if economic liberties are basic, just societies must guarantee their fair value to all citizens. And in order to secure the fair value of economic liberty, states must guarantee that citizens of roughly similar dispositions and talents are (...) roughly equally able to use their economic liberties to develop and pursue a conception of the good. This, I will argue, is a very demanding standard that requires aggressive taxation and redistribution. (shrink)

Health-care goods are goods with peculiar properties, and where they are scarce, societies face potentially explosive distributional conflicts. Animated public and academic debates on the necessity and possible justice of limit-setting in health care have taken place in the last decades and have recently taken a turn toward procedural rather than substantial criteria for justice. This article argues that the most influential account of procedural justice in health-care rationing, presented by Daniels and Sabin, is indeterminate where concrete properties of rationing (...) institutions are concerned. Such properties inscribe substantial norms into institutions. These norms can derive validity only from democratic majority decisions, which must be seen as an instance of pure procedural justice. We therefore have to move the discussion to a meta-level and ask how concrete properties of institutions are being chosen. I suggest four criteria for sufficiently democratic institutional design choice and conclude that as institutional properties are likely to have effects on the resulting distribution of health care, design choices should be empirically informed and taken both democratically and deliberately. (shrink)

This paper takes stock of a recent but growing movement within the field of deliberative democracy, which normatively argues for the epistemic dimension of democratic authority and positively defends the truth-tracking properties of democratic procedures. Authors within that movement call themselves epistemic democrats, hence the recognition by many of an ‘epistemic turn’ in democratic theory. The paper argues that this turn is a desirable direction in which the field ought to evolve, taking it beyond the ‘fact of disagreement’ that had (...) previously blocked the conceptual road to acknowledging more than intrinsic properties to democratic decision procedures. The paper shows how two authors in particular – Joshua Cohen and David Estlund – have successfully lifted the Rawlsian requirement of epistemic abstinence and defends epistemic democrats and the implications of the epistemic turn in democratic theory against various misconceptions. (shrink)

In this paper I analyze the tension between realism and antirealism at the basis of Kantian constructivism. This tension generates a conflictive account of the source of the validity of social norms. On the one hand, the claim to moral objectivity characteristic of Kantian moral theories makes the validity of norms depend on realist assumptions concerning the existence of shared fundamental interests among all rational human beings. I illustrate this claim through a comparison of the approaches of Rawls, Habermas and (...) Scanlon. On the other hand, however, objections to moral realism motivate many Kantian constructivists to endorse the antirealist claim that reasonable agreement is the source of the validity of social norms. After analyzing the difficulties in the latter strategy, I try to show how a balance between the realist and antirealist elements of Kantian constructivism can be reached by drawing a sharper distinction between the justice and the legitimacy of social norms. (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)

What moral commitments do we manifest when we make claims upon one another? The practice of claiming is inescapable, and so any normative presuppositions of that practice are similarly inescapable (at least on pain of self-contradiction). This inquiry thus promises an Archimedian point from which to address intractable moral disagreements in modern society. Whatever we happen to differ about, we can be shown to agree about these premises, and therefore to share commitment to whatever can be derived from these premises. (...) The most prominent developer of this approach is Jürgen Habermas, who has sought to ground, inter alia, religious and cultural rights on this basis. I will argue that the strategy cannot resolve disagreement in the way Habermas hopes, and that this has been shown, perhaps inadvertently, by Stephen Darwall, who for very different reasons seeks to work out the premises of the practice of claiming (and who never discusses Habermas). Darwall has no apparent interest in finding a universally convincing basis for resolving moral controversies. He seeks to address, not the practical problems of a pluralistic society, but some specialized, albeit important, questions of metaethics, having to do with what kind of entity a moral claim is . Both Habermas and Darwall think that discourse presupposes a kind of respect among persons. Darwall, however, shows that respect is too fluid, and takes too many possible forms, to ground any but the most trivial specific moral claims. (shrink)

The development of the theory of deliberative democracy is connected to the completion of two tasks. The first is to combine broad political participation with the rationality of the political process. The second is to ensure the political unity of modern societies, which are characterized by a pluralism of often incompatible values, norms, and lifestyles. Within the framework of this theory, the key democratic procedure is rational deliberation open to all interested parties. The purpose of this procedure is to reach (...) an agreement, as stated in the theory of Jurgen Habermas. However, experimental studies of deliberative practices show that they may result not in agreement but in the radicalization of positions. Unlike Habermas, John Rawls believes that a consensus on values and norms is unattainable. His theory of political liberalism attempts to answer the question of how political unity is possible in practically insoluble conflict, that is, in a situation of disagreement. He proposes the ideal of a well-ordered society with the assumption that a just society is one in which there is no agreement on comprehensive doctrines, but there is a consensus on the basic principles of justice. However, Rawls’s theory, in turn, faces a number of significant problems. For example, he was forced to admit that the democratic culture of society is a prerequisite for the formation of basic principles of justice in a well-ordered society. Rawls’s idea about the connections among disagreement, political freedom, and democracy influenced the further development of the theory of democracy, stimulating the search for different models of decision-making and the formation of political will without rational agreement. After all, the possibility of democracy lies in the conflict of ideas about justice and good. (shrink)

The debate between Jürgen Habermas and John Rawls concerns the question of how to do political philosophy under conditions of cultural pluralism, if the aim of political philosophy is to uncover the normative foundation of a modern liberal democracy. Rawls’s political liberalism tries to bypass the problem of pluralism, using the intellectual device of the veil of ignorance, and yet paradoxically at the same time it treats it as something given and as an arbiter of justification within the political conception (...) of justice. Habermas argues that Rawls not only incorrectly operationalizes the moral point of view from which we discern what is just but also fails to capture the specificity of democracy which is given by internal relations between politics and law. This deprives Rawls’s political philosophy of the conceptual tools needed to articulate the normative foundation of democracy. (shrink)

This essay aims to indicate the comparative analysis of the political offers and discussions of the two important figures of contemporary political philosophy, Rawls and Habermas, and the current literature in terms of the similarities and differences in the political philosophy of these two thinkers. This enquiry will focus on possible contribution concerning the contemporary political problems in light of the Rawls-Habermas debate.