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 philosophers have long disagreed on the issue of whether churches should exercise restraint in the appeal to religious reasons in public discussion and political mobilization. Exclusivists defend the restraint, whereas inclusivists reject it. Both sides, however, assume the existence of a democratic government. In this essay, I discuss whether churches should exercise restraint in a non-democratic, authoritarian society. I defend inclusivism and believe that churches should not restrain themselves, especially when doing so can promote democracy and prevent severe injustices. (...) First, I argue that two exclusivist arguments which justify the restraint cannot be applied in an authoritarian society. Second, I defend inclusivism because religious reasons are effective in cultivating active citizens that strengthen the democratic movement. Finally, I use the Umbrella Movement in Hong Kong as an example to show how inclusivism can enhance democratic movements under authoritarianism. (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)

In the book Valuing Health, Daniel Hausman sets out a normative framework for assessing social policy, which he calls restricted consequentialism. For the restricted consequentialist, government policy-making not only is, but ought to be, largely siloed in individual government departments. Each department has its own goal linked to a fundamental public value, which it should pursue in a maximizing way. I argue that, first, Hausman’s argument appears to be internally inconsistent: his case for thinking that health policy should default to (...) a form of maximization is plausible only if a much narrower vision of the goals of policy is adopted than Hausman thinks appropriate in the case of education. Secondly, it turns out that none of Hausman’s analysis helps us with the crucial question of how maximization should be constrained by other values—a question that even on Hausman’s account looks to be crucial, and that will be even more important if adopt a broader perspective on the purposes of health policy than Hausman allows. (shrink)

I drive a wedge between public deliberation and public justification, concepts tightly associated in public reason liberalism. Properly understood, the ideal of public justification imposes no restraint on citizen deliberation but requires that those who have a substantial impact on the use of coercive power, political officials, advance proposals each person has sufficient reason to accept. I formulate this idea as the Principle of Convergent Restraint and apply it to legislators to illustrate the general reorientation I propose for the public (...) reason project. (shrink)

This essay explores and criticizes Matteo Bonotti’s argument that parties and partisans in a publicly justified polity should appeal primarily, if not exclusively, to accessible justificatory reasons to fulfill their political duties. I argue that political parties should only support coercive policies if they rationally believe that the coercive law or policy in question can be publicly justified to those subject to the law or policy in terms of their own private—specifically intelligible—reasons. I then explore four practical differences between our (...) two approaches. In contrast to Bonotti’s accessible reasons approach, the intelligibility approach facilitates the provision of assurance between citizens and political officials, requires that parties and partisans support fewer coercive policies, allows more exemptions from generally applicable laws, and facilitates logrolling and alliance formation. (shrink)

Mainstream political liberalism holds that legal coercion is permissible only if it is based on reasons that all can share, access or accept. But these requirements are subject to well-known problems. I articulate and defend an intelligible reasons requirement as an alternative. An intelligible reason is a reason that all suitably idealized members of the public can see as a reason for the person who offers it according to that person’s own evaluative standards. It thereby permits reasons into public justification (...) that all cannot share, access, or accept, and so contrasts with standard approaches to public justification. The intelligible reasons requirement has two striking implications. First, it severs the connection between public justification and principles of deliberative restraint. Second, it pushes political liberals to appeal to other political processes to publicly justify law, specifically bargaining, adjudication, and social evolution. (shrink)

Debates about the ethics of health care and medical research in contemporary pluralistic democracies often arise partly from competing religious and secular values. Such disagreements raise challenges of balancing claims of religious liberty with claims to equal treatment in health care. This paper proposes several mid-level principles to help in framing sound policies for resolving such disputes. We develop and illustrate these principles, exploring their application to conscientious objection by religious providers and religious institutions, accommodation of religious priorities in biomedical (...) research, and treatment of patients’ religious views in doctor–patient encounters. Given that no sound set of guiding principles yields precise solutions for every policy dispute, we explore how morally sound democracies might deliberatively resolve such policy issues, following our proposed principles. Taken together and carefully interpreted, these principles may help in guiding difficult decision making in the indefinitely large realm where government, medical providers, and patients encounter problems concerning religion and medicine. (shrink)

Much art is committed to political causes. However, does art contribute something unique to political discourse, or does it merely reflect the insights of political science and political philosophy? Here I argue for indispensability of art to political discourse by building on the debate about artistic cognitivism, the view that art is a source of knowledge. Different artforms, I suggest, make available specific epistemic resources, which allow audiences to overcome epistemic obstacles that obtain in a given ideological situation. My goal (...) is to offer a general model for identifying cognitive advantages for artworks belonging to distinct artforms and genres, in a way that can account for each artwork’s historical and cultural specificity. More speculatively, however, my account also comments on the ancient struggle between philosophy and the arts as competing modes of persuasion, and expands our notion of legitimate political discourse to include a greater plurality of discursive genres. (shrink)

The value of health states is often understood to depend on their impact on the goodness of people's lives. As such, prominent health states metrics are grounded in particular conceptions of wellbeing – e.g. hedonism or preference satisfaction. In this paper, I consider how liberals committed to the public justification requirement – the requirement that public officials choose laws and policies that are justifiable to their citizens – should evaluate health states. Since the public justification requirement prohibits public officials from (...) appealing to controversial conceptions of the good life, liberals committed to this principle face a significant puzzle. (shrink)

Conceptual engineering is the enterprise of evaluating and improving our representational devices. But how should we conduct this enterprise? One increasingly popular answer to this question proposes that conceptual engineering should proceed in terms of the functions of our representational devices. In this paper, we argue that the best way of understanding this suggestion is in terms of normative functions, where normative functions of concepts are, roughly, things that they allow us to do that matter normatively (for example, things in (...) virtue of which we have normative reasons to have these concepts). Not only does this introduce a novel view about functions to the literature. This proposal also fits more naturally than the alternatives with conceptual engineering as a normative enterprise, and it allows functions to play all of the explanatory roles assigned to them in the conceptual engineering literature. Our discussion of the explanatory advantages of normative functions also advances the understanding of the ways in which concepts can be authoritative, what this means for conceptual engineering, and highlights the importance of political philosophy for thinking about conceptual engineering in practice. Furthermore, the paper explicates what kind of role considerations about function can and should actually play in conceptual engineering. (shrink)

We all agree that democratic decision-making requires a factual input, and most of us assume that when the pertinent facts are not in plain view they should be furnished by well-functioning scientific institutions. But how should liberal democracy respond when apparently sincere, rational and well-informed citizens object to coercive legislation because it is based on what they consider a misguided trust in certain parts of science? Cases are familiar, the most prominent concerning climate science and evolution, but one may also (...) count GMO-skepticism and vaccine-skepticism, and there are plenty of others. The paper defends what I, borrowing an expression from Badiola, call Science as Public Reason, asserting roughly that some policy-relevant factual proposition P is part of public reason if and only if there is consensus about P among scientific experts in the relevant well-functioning scientific institutions. I defend this view against the controversiality objection claiming that scientific findings cannot in this general way pass as public reason as they are sometimes controversial among reasonable citizens. My preferred line of defense is what I call Dogmatism about Science as Public Reason, which roughly amounts to insisting on Science as Public Reason on the ground that it is a philosophically well-motivated view, while conceding that it may not be acceptable to all minimally rational and well-informed individuals. (shrink)

Over the COVID-19 period, much attention has been paid to the governance relationship between citizens and the state. In this article, however, we focus on a feature that is less evident in the day-to-day living of the social contract: the relationship between citizens. Because this horizontal cohesion is critical to the social contract, we suggest that it should not be neglected, even amid a deepening crisis of state–citizen relations. Using the case of South Africa's vaccine roll-out as an illustration, we (...) argue that certain kinds of state failures – failures in making complex fairness decisions, in treating citizens as equals when enacting these decisions, and in providing public justification for these decisions – risk dual damage to both citizen–state and citizen–citizen relations and so undermine an already fragile social contract. (shrink)

The normative and metanormative pluralism that figures among core self-descriptions of democratic theory, which seems incompatible with democratic theorists’ practical ambitions, may stem from the internal logic of research traditions in the social sciences and humanities and in the conceptual structure of political theory itself. One way to deal productively with intradisciplinary diversity is to appeal to the idea of a meta-consensus; another is to appeal to the argument from cognitive diversity that fuels recent debates on epistemic democracy. For different (...) reasons, both strategies fail, such that a metatheoretical step aside may be desirable, one that entails modeling democratic theory after the public justification approach. (shrink)

According to the standard liberal egalitarian approach, religious exemptions from generally applicable laws can be justified on the grounds of equal respect for each citizen’s conscience. I contend that claims of conscience cannot justify demands for exemptions, since they do not meet even the most inclusive standards of public justification. Arguments of the form ‘My conscience says so’ do not explicate the rationale behind the practices that the claimants seek to protect. Therefore, such arguments do not constitute even pro tanto (...) reasons for exemptions. Rather, they are what Francis Bacon called idola fori – ‘idols of the marketplace’– conventional justifications that are deemed rational and even self- evident, while in fact they are not. (shrink)

Reasonable individuals often share a rationale for a decision but, in other cases, they make the same decision based on disparate and often incompatible rationales. The social contract tradition has been divided between these two methods of solving the problem of social cooperation: must social cooperation occur in terms of common reasoning, or can individuals with different doctrines simply converge on shared institutions for their own reasons? For Hobbes, it is rational for all persons, regardless of their theological beliefs, to (...) consent to the sovereign's power. But for Locke, only Protestants with a shared theology could be party to the social contract. Rousseau thought that private reasons are not part of the general will, and in Kant's hypothetical contract, pure noumena reach common principles for the social order through the same reasoning process. In A Theory of Justice, John Rawls agreed with Rousseau and Kant: selecting the principles of justice requires modeling parties to the original position as having identical reasons. But in Political Liberalism, Rawls embraced the idea of an overlapping consensus, which accords distinct reasons justificatory force. (shrink)

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)

Rawlsian liberals define legitimacy in terms of the public justification principle (PJP): the exercise of political power is legitimate only if it is justified on the grounds of reasons that all may reasonably be expected to accept. Does PJP exclude religious reasons from public justification of legal provisions? I argue that the requirement of ‘reasonable acceptability’ is not clear enough to answer this question. Furthermore, it fails to address the problematic fact that justification on the grounds of religious faith involves (...) non-negotiable claims, which is incompatible with respect for fellow citizens as co-legislators. Accordingly, I reformulate PJP in fallibilistic terms: the exercise of political power is legitimate only if it is justified on the grounds of reasons that can be subject to reasonable criticism. I show that reasons based on religious faith do not meet this principle, just like any other reasons that involve claims about final values. (shrink)