Compared to standard liberal approaches to public reason and justification, the asymmetric convergence model of public justification allows for the public justification of laws and policies based on a convergence of quite different and even publicly inaccessible reasons. The model is asymmetrical in the sense of identifying a broader range of reasons that may function as decisive defeaters of proposed laws and policies. This paper raises several critical questions about the asymmetric convergence model and its central but ambiguous presumption against (...) coercion. By drawing on the theory of structural coercion, a main conclusion of the paper is that the asymmetric convergence model ultimately encounters the very incompleteness problems that its proponents often associate with more familiar consensus models of public justification. The paper also develops an alternative, Rawlsian-inspired account of public justification that includes elements of both convergence and consensus but not asymmetry. The Rawlsian model enables us to understand how democratic decisions may possess a degree of procedural, but still morally significant, liberal legitimacy under conditions of pluralism even when citizens fail to agree fully about either the premises of or conclusions to their political arguments. (shrink)

The concept of reasonableness is essential to John Rawls’s political liberalism, and especially to its main ideas of public reason and liberal legitimacy. Yet the somewhat ambiguous account of reasonableness in Political Liberalism has led to concerns that the Rawlsian distinction between the reasonable and the unreasonable is arbitrary and ultimately indefensible. This paper attempts to advance a more convincing interpretation of reasonableness. I argue that the reasonable applies first to citizens, who then play an important role in determining which (...) comprehensive doctrines and political conceptions of justice are reasonable. In addition, while Rawls fails to specify explicitly the meaning of the reasonable in his standard of political justification (i.e. the liberal principle of legitimacy based on the criterion of reciprocity), I offer an interpretation of what it means for citizens to present reasonable claims and arguments to one another in public reason. (shrink)

Public reason liberals disagree about the relationship between public justification and deliberative democracy. My goal is to argue against the recent suggestion that public reason liberals seek a ‘divorce’ from deliberative democracy. Defending this thesis will involve discussing the benefits of deliberation for public justification as well as revisiting public reason’s standard Rawlisan restraint requirement. I criticize Kevin Vallier’s alternative convergence-based principle of restraint and respond to the worry that the standard Rawlsian restraint requirement reduces the likelihood of public justification (...) by limiting the diversity of inputs into the justificatory process. (shrink)

A recent essay by Jürgen Habermas revisits political liberalism and takes up the question of the extent to which democratic citizens and officials should rely on their religious convictions in publicly deliberating about and deciding political issues. With his institutional translation proviso, a proposed alternative to Rawls' idea of public reason, Habermas hopes to dodge familiar (and often overstated) criticisms that liberal requirements of citizenship are unfair or disproportionately burdensome to religious believers. I argue that, due in part to its (...) sharp contrast between the obligations attributed to political officials and those attributed to ordinary citizens, Habermas' position is beset by additional, quite considerable difficulties. I conclude that Habermas' account of religion in the public sphere does not present a genuine alternative to the leading liberal theory of citizenship and public reasoning. (shrink)

Abstract: Philosophers who have addressed the problems of enduring racial injustice have been suspicious of the role played by ideal theory in ethics and political philosophy generally, and in contemporary liberal political philosophy in particular. The theoretical marginalization of race in the work of Rawls has led some to charge that ideal theory is at the very least unhelpful in understanding one of the most significant forms of contemporary injustice, and is at worst ideological in the pejorative sense. To explore (...) these concerns, I formulate five related criticisms of ideal theory and examine each as it would be applied to Rawls's political philosophy. My thesis is that the strongest criticisms—namely, that ideal theory is essentially ideological and cannot provide adequate grounds for justifying race-conscious, equality-securing measures—ultimately miss the mark. But other criticisms of ideal theory are more plausible, and most plausibly directed to an area of Rawls's thought often ignored in discussions of liberalism and race, namely, his account of citizenship and public reasoning. (shrink)

Ryan Muldoon has recently advanced an interesting and original bargaining model of the social contract as an alternative to Rawlsian social contract theory and political liberalism. This model is s...

Some public reason liberals identify coercive law as the subject matter of public justification, while others claim that the justification of coercion plays no role in motivating public justification requirements. Both of these views are mistaken. I argue that the subject matter of public justification is not coercion or coercive law but political decision-making about the basic institutional structure. At the same time, part of what makes a public justification principle necessary in the first place is the inherent coerciveness of (...) a legally organized basic institutional structure. While most public reason liberals seem to presuppose that the meaning of “coercion” is sufficiently obvious so as not to warrant further analysis, my defense of the essay’s main thesis explicitly draws on an account of coercion as a powerful agent’s employment of enforceable constraints to determine the will of another agent. (shrink)

This paper looks at recent efforts within the Cherokee Nation of Oklahoma to expel descendants of the freedmen, persons of African descent held as slaves until their emancipation and subsequent adoption as tribal citizens according to the terms of an 1866 treaty. The unavoidable racial dimensions of this controversy lead me to examine it as an example of the internal minorities problem, i.e., the problem of minorities within minority cultures, familiar from the literature on liberal multiculturalism. I argue that while (...) no single approach to the internal minorities problem is fully adequate for resolving the controversy, the balance of reasons drawn from these approaches shows expulsion of the freedmen descendants to be unjust. Furthermore, in contrast to leading theoretical approaches, a deliberative approach to multiculturalism can best account for the need to encourage critical public dialogue about underlying notions of blood, race and Cherokee identity. (shrink)

This paper looks at recent efforts within the Cherokee Nation of Oklahoma to expel descendants of the freedmen, persons of African descent held as slaves until their emancipation and subsequent adoption as tribal citizens according to the terms of an 1866 treaty. The unavoidable racial dimensions of this controversy lead me to examine it as an example of the internal minorities problem, i.e., the problem of minorities within minority cultures, familiar from the literature on liberal multiculturalism. I argue that while (...) no single approach to the internal minorities problem is fully adequate for resolving the controversy, the balance of reasons drawn from these approaches shows expulsion of the freedmen descendants to be unjust. Furthermore, in contrast to leading theoretical approaches, a deliberative approach to multiculturalism can best account for the need to encourage critical public dialogue about underlying notions of blood, race and Cherokee identity. (shrink)

Is it permissible for a citizen or political official to exercise coercive political power on the basis of a political justification associated with a religiously motivatedconception of justice? In this paper I accept John Rawls’s general approach to this question, but attempt to show how the Rawlsian approach is more inclusive ofreligious reasoning than many have supposed. My paper focuses specifically on the 1986 Catholic bishops’ pastoral letter on the U.S. economy. The bishops’ letter is certainly part of what Rawls (...) calls a “comprehensive doctrine.” But, as I argue in the paper, the letter is also consistent with political liberalism’s core idea of reasonableness, supports a reasonable political conception of justice and satisfies the Rawlsian “proviso” concerning the public-political use of religious argument. From the standpoint of political liberalism, the bishops’ letter may be interpreted as a form of public reason. (shrink)

Is it permissible for a citizen or political official to exercise coercive political power on the basis of a political justification associated with a religiously motivatedconception of justice? In this paper I accept John Rawls’s general approach to this question, but attempt to show how the Rawlsian approach is more inclusive ofreligious reasoning than many have supposed. My paper focuses specifically on the 1986 Catholic bishops’ pastoral letter on the U.S. economy. The bishops’ letter is certainly part of what Rawls (...) calls a “comprehensive doctrine.” But, as I argue in the paper, the letter is also consistent with political liberalism’s core idea of reasonableness, supports a reasonable political conception of justice and satisfies the Rawlsian “proviso” concerning the public-political use of religious argument. From the standpoint of political liberalism, the bishops’ letter may be interpreted as a form of public reason. (shrink)