Public reason liberalism includes an ideal of political stability where justified institutions reach a kind of self-enforcing equilibrium. Such an order must be stable for the right reasons — where persons comply with the rules of the order for moral reasons, rather than out of fear or self-interest. John Rawls called a society stable in this way well-ordered. In this essay, I contend that a more sophisticated model of a well-ordered society, specifically an agent-based model, yields a richer and more (...) attractive understanding of political stability. An agent-based model helps us to distinguish between three concepts of political stability — durability, balance, and immunity. A well-ordered society is one that possesses a high degree of social trust and cooperative behavior among its citizens (durability) with low short-run variability (balance). A well-ordered society also resists destabilization caused by noncompliant agents in or entering the system (immunity). Distinguishing between these three concepts complicates the necessary reformulation of the idea of a well-ordered society. Going forward, public reason theorists must now distinguish between types of assurance, specify heretofore unknown aspects of reasonable behavior, and reconceive of the nonideal preconditions for forming a stable, ideal social order. (shrink)

Political liberalism’s central commitments to recognizing reasonable pluralism and institutionalizing a substantive conception of justice are inconsistent. If reasonable pluralism applies to conceptions of justice as it applies to conceptions of the good, then some reasonable people will reject even many liberal conceptions of justice as unreasonable. If so, then imposing these conceptions of justice on citizens violates the liberal principle of legitimacy and related public justification requirements. This problem of justice pluralism requires that political liberals abandon their commitment to (...) institutionalizing a substantive conception of justice. Instead, political justification should be limited to the public justification of a modest scheme of rights and a set of constitutional rules. Justice pluralism chastens the ambitions of political liberalism while pushing the political liberal research program in new and promising directions. (shrink)

Jonathan Quong’s book, Liberalism without Perfection, provides an innovative new defense of political liberalism based on an “internal conception” of the goal of public justification. Quong argues that public justification need merely be addressed to persons who affirm liberal political values, allowing people to be coerced without a public justification if they reject liberal values or their priority over comprehensive values. But, by extensively restricting members of the justificatory public to a highly idealized constituency of liberals, Quong’s political liberalism becomes (...) objectionably sectarian. Coercing citizens without a public justification if they hold non-liberal comprehensive views is no different from the sectarian perfectionist view that people can be coerced without a public justification if they hold false comprehensive views. Quong argues that some degree of sectarianism is unavoidable in formulating a conception of political liberalism. While this may be, I maintain that the internal conception is nonetheless excessively sectarian. To demonstrate this, I develop an attractive competitor conception, the convergence conception, which addresses public justification to a diverse, moderately idealized justificatory public. If convergence is a viable interpretation of political liberalism, I argue, then the internal conception is excessively sectarian. (shrink)

Philosophy &Public Affairs, Volume 47, Issue 2, Page 144-178, Spring 2019.

Jerry Gaus is the most important philosopher of public reason since John Rawls. His path-breaking work on this topic has deeply influenced a large group of moral and political philosophers, a group to which I happily belong. In this short paper I examine one feature of the account developed in his incredibly rich and illuminating book, The Order of Public Reason.Gaus (2011), cited hereafter as OPR. I argue Gaus’s theory struggles to resolve a crucial question: how can we be confident (...) that public reason will yield a set of moral rules whose content is minimally acceptable?Gaus’s viewGiven pervasive disagreement about morality, how can we engage in the practice of morality—making demands on others and frequently enforcing those demands with coercive threats—in a way that also manages to respect others as free and equal interpreters of morality? One solution, which Gaus associates with Kant and Rawls, is to bracket all those beliefs or commitments that divide us, and construct a set of mo. (shrink)

A descriptive norm is a behavioral rule that individuals follow when their empirical expectations of others following the same rule are met. We aim to provide an account of the emergence of descriptive norms by first looking at a simple case, that of the standing ovation. We examine the structure of a standing ovation, and show it can be generalized to describe the emergence of a wide range of descriptive norms.

In On Liberty, Mill introduced the concept of . I will provide an account of what Mill saw to be the basic problem he was addressing – the extensive pressure to fit in with the crowd, and how this bred mediocrity. I connect this to worries about public reason models of justification. I argue that a generalized version of Mill's argument offers us a better path to political justification stemming from experimentation. Rather than grounding political justification on shared political reasons, (...) we justify our political culture on our ability to reject consensus views and try alternatives. (shrink)

This paper explores the space of possibilities for public justification in morally diverse communities. Moral diversity is far more consequential than is typically appreciated, and as a result, we need to think more carefully about how our standard tools function in such environments. I argue that because of this diversity, public justification can be divorced from any claim of determinateness. Instead, we should focus our attention on procedures—in particular, what Rawls called cases of pure procedural justice. I use a modified (...) form of the procedure “I cut, you choose” to demonstrate how perspectival diversity can make what looks like a simple procedure quite complex in practice. I use this to reframe disputes between classical liberal and contemporary liberal approaches to questions of public morality, arguing that classically liberal procedures, such as a reliance on the harm principle, can generate rather illiberal-looking outcomes when used in a morally diverse community. A seemingly less-principled approach, which simply balances burdens, appears to generate outcomes that look closer to what we would expect from classical liberalism. However, since both approaches are based on pure procedures that we can justify without reference to outcomes, it remains indeterminate which we ought to choose. (shrink)

In this paper we argue that there is a kind of moral disagreement that survives the Rawlsian veil of ignorance. While a veil of ignorance eliminates sources of disagreement stemming from self-interest, it does not do anything to eliminate deeper sources of disagreement. These disagreements not only persist, but transform their structure once behind the veil of ignorance. We consider formal frameworks for exploring these differences in structure between interested and disinterested disagreement, and argue that consensus models offer us a (...) solution concept for disagreements behind the veil of ignorance. (shrink)

Why is it important for people to agree on and articulate shared reasons for just laws, rather than whatever reasons they personally find compelling? What, if any, practical role does public reason play in liberal democratic politics? We argue that the practical role of public reason can be better appreciated by examining the confluence of normative and positive political theory; the former represented here by liberal social contract theory of John Rawls and others, and the latter by rational choice or (...) game theory. Citizens in a diverse society face a practical as well as a moral problem. How can they have confidence that others will reciprocate their commitment to supporting governing principles that depart from their own ideal conceptions of truth and value in order to be reasonable to all? Citizens face a practical problem of mutual assurance that public reason helps them solve, and solve as a matter of common knowledge. The solution, on both views, requires citizens’ reciprocal commitment to basing law on a system of shared reasons. Both views place public reason at the core of liberal democratic politics in conditions of diversity, and for quite similar reasons. Our argument illustrates the complementary roles of positive and values-based analysis in constitutional design. (shrink)

In replying to Steven Wall’s and Andrew Lister’s thoughtful essays on my account of justificatory liberalism in this issue, I respond to many of their specific criticisms while taking the opportunity to explicate the foundations of justificatory liberalism. Justificatory liberalism takes seriously the moral requirement to justify all claims of authority over others, as well as all coercive interferences with their lives. If we do so, although we are by no means committed to libertarianism, we find that that many of (...) our cherished values, moral intuitions, and political aspirations no longer ground the range of authority over others many of us would claim. In this sense, justificatory liberalism is a theory of limited authority and limited government — which is what a genuinely liberal theory must be. (shrink)

This essay critically assesses the central claim of Kevin Vallier’s Liberal Politics and Public Faith: that public religious faith and public reason liberalism can be reconciled, because the values underlying public reason liberalism should lead us to endorse the ‘convergence view’, rather than the mainstream consensus view. The convergence view is friendlier to religious faith, because it jettisons the consensus view’s much-criticised ‘duty of restraint’. I present several challenges to Vallier’s claim. Firstly, if Vallier is right to reject the duty (...) of restraint then consensus theorists can also do so, and on the same grounds. Secondly, the independent force of the objections to the duty of restraint is unclear. Thirdly, Vallier has not successfully identified desiderata that unite all public reason liberals and favour convergence over consensus. Finally, even if convergence is in some ways friendlier to religious faith, this does not show that it will be attractive to religious citizens. (shrink)

Debates between political liberals and liberal perfectionists have been reinvigorated by Jonathan Quong’s Liberalism Without Perfection. In this paper I argue that certain forms of perfectionism can rebut or evade Quong’s three central objections – that perfectionism is manipulative, paternalistic, and illegitimate. I then argue that perfectionists can defend an ‘internal conception’ of perfectionism, parallel in structure to Quong’s ’internal conception’ of political liberalism, but with a different conception of the justificatory constituency. None of Quong’s arguments show that his view (...) should be preferred to this perfectionist internal conception. It can thus equally claim to achieve ‘justification to all reasonable citizens’. (shrink)

Some theorists—including Elizabeth Anderson, Gerald Gaus, and Amartya Sen—endorse versions of 'public reason' as the appropriate way to justify political decisions while rejecting 'ideal theory'. This chapter proposes that these ideas are not easily separated. The idea of public reason expresses a form of mutual 'civic' respect for citizens. Public reason justifications for political proposals are addressed to citizens who would find acceptable those justifications, and consequently would comply freely with those proposals should they become law. Hence public reasoning involves (...) 'local ideal theorizing': the justification of political proposals includes their consideration and evaluation under conditions of compliance with them by the citizens to whom those justifications are addressed. Local ideal theorizing, moreover, can lead to 'full ideal theorizing', wherein citizens outline and evaluate an amended version of their society’s 'basic structure'. This argument is illustrated by some recent empirical work on inequality within the United States. (shrink)

This paper offers replies to the contributors of a symposium on Jonathan Quong's book, Liberalism Without Perfection (2011).