Public shaming plays an important role in upholding valuable social norms. But, under what conditions, if any, is it morally justifiable? Our aim in this paper is systemically to investigate the morality of public shaming, so as to provide an answer to this neglected question. We develop an overarching framework for assessing the justifiability of this practice, which shows that, while shaming can sometimes be morally justifiable, it very often is not. In turn, our framework highlights several reasons to be (...) concerned about the increasingly widespread phenomenon of online public shaming. (shrink)

We are witnessing increasing use of the Internet, particular social media, to criticize (perceived or actual) moral failings and misdemeanors. This phenomenon of so-called ‘online public shaming’ could provide a powerful tool for reinforcing valuable social norms. But it also threatens unwarranted and severe punishments meted out by online mobs. This paper analyses the dangers associated with the informal enforcement of norms, drawing on Locke, but also highlights its promise, drawing on recent discussions of social norms. We then consider two (...) crucial conditions that online public shaming must meet in order to be justifiable: proportionality and accountability. We argue that these requirements are in fact frequently violated, rendering most cases of online public shaming unjustified. While the use of online public shaming against others’ vices has some apparent virtues, it is currently rarely justified, given its own vices. (shrink)

Proponents of public reason views hold that the exercise of political power ought to be acceptable to all reasonable citizens. This article elucidates the common structure shared by all public reason views, first by identifying a set of questions that all such views must answer and, second, by showing that the answers to these questions stand in a particular relationship to each other. In particular, we show that what we call the ‘rationale question’ is fundamental. This fact, and the common (...) structure more generally, are often overlooked or distorted within the literature. As a result, we argue, several prominent argumentative moves made by both critics and defenders of public reason are unsuccessful. Our overall conclusion is that discussions of public reason views would be more fruitful if they made consistent use of the common structure we identify. (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)

According to political liberalism, laws must be justified to all citizens in order to be legitimate. Most political liberals have taken this to mean that laws must be justified by appeal to a specific class of ‘public reasons’, which all citizens can accept. In this paper I defend an alternative, convergence, model of public justification, according to which laws can be justified to different citizens by different reasons, including reasons grounded in their comprehensive doctrines. I consider three objections to such (...) an account—that it undermines sincerity in public reason, that it underestimates the importance of shared values, and that it is insufficiently deliberative—and argue that convergence justifications are resilient to these objections. They should therefore be included within a theory of political liberalism, as a legitimate form of public justification. This has important implications for the obligations that political liberalism places upon citizens in their public deliberations and reason-giving, and might make the theory more attractive to some of its critics, particularly those sympathetic to religious belief. (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)

Andrew Lister’s Public Reason and Political Community is an important new contribution to the debate over political liberalism. In this article, I critically evaluate some of the central arguments of the book in order to assess the current state of public reason liberalism. I pursue two main objections to Lister’s work. First, Lister’s justification for public reason, which appeals to the value of civic friendship, fails to show why public reason liberalism should be preferred to an alternative democratic theory that (...) does not include public reason restrictions. Second, there are several important ambiguities and tensions within Lister’s view that he does not adequately resolve. His approach to them often takes public reason liberalism in directions that many of its advocates will reject. More work thus remains to be done by public reason liberals both to show why public reason restrictions are necessary and to resolve these tensions in a more satisfactory way. (shrink)

The ‘convergence conception’ of political liberalism has become increasingly popular in recent years. Steven Wall has shown that convergence liberals face a serious dilemma in responding to disagreement about whether laws are publicly justified. What I call the ‘conjunctive approach’ to such disagreement threatens anarchism, while the ‘non-conjunctive’ approach appears to render convergence liberalism internally inconsistent. This paper defends the non-conjunctive approach, which holds that the correct view of public justification should be followed even if some citizens do not consider (...) enacted laws to be publicly justified. My argument sheds light on the fundamental structure of convergence liberalism. (shrink)

In his last works, John Rawls explicitly argued for an overlapping consensus on a family of reasonable liberal political conceptions of justice, rather than just one. This ‘Deep Version’ of political liberalism opens up new questions about the relationship between citizens’ political conceptions, from which they must draw and offer public reasons in their political advocacy, and their comprehensive doctrines. These questions centre on whether a reasonable citizen’s choice of political conception can be influenced by her comprehensive doctrine. In this (...) paper I present two models of the relationship, which give contrasting answers to these questions, and defend the model that is more permissive with regard to the influence of comprehensive doctrines. This has important implications for our understanding of Rawlsian political liberalism, and reduces the force of objections that have been offered by theorists sympathetic to religion. (shrink)

In Chapter 5 of Liberalism’s Religion, Cécile Laborde considers the freedom and autonomy of religious associations within liberal democratic societies. This paper evaluates her central arguments in that chapter. First, I argue that Laborde makes things too easy for herself in dismissing controversies over the state’s legitimate jurisdictional authority. Second, I argue that Laborde’s view of when associations’ ‘coherence interests’ justify exemptions is too narrow. Third, I consider how we might develop an account of judicial deference to associations’ ‘competence interests’.

Most public reason theorists believe that citizens are under a ‘duty of restraint’. Citizens must refrain from supporting laws for which they have only non-public reasons, such as religious reasons. The theo-ethical equilibrium argument purports to show that theists should accept this duty, on the basis of their religious convictions. Theists’ beliefs about God’s nature should lead them to doubt moral claims for which they cannot find secular grounds, and to refrain from imposing such claims upon others. If successful, this (...) argument would defuse prominent objections to public reason liberalism. This paper assesses the theo-ethical equilibrium argument, with a specific focus on Christian citizens. I argue that Christians should seek theo-ethical equilibrium, but need not endorse the duty of restraint. I establish this in part through examining the important theological concept of natural law. That discussion also points to more general and persistent problems with defining ‘public reasons’. (shrink)

The success of political liberalism depends on there being an overlapping consensus among reasonable citizens—including religious citizens—upon principles of political morality. This paper explores the resources within one major religion—Christianity—that might lead individuals to endorse (or reject) political liberalism, and thus to join (or not join) the overlapping consensus. I show that there are several strands within Christian political ethics that are consonant with political liberalism and might form the basis for Christian citizens’ membership of the overlapping consensus. Nonetheless, tensions (...) remain, and it is not clear that Christians could wholeheartedly endorse the political conception or give unreserved commitment to political liberal ideals. (shrink)

‘Transformative liberals’ believe that the state should use its non-coercive capacities to counter hateful speech and practices, by seeking to transform the views of those who hold hateful and discriminatory beliefs. This paper critically assesses transformative liberalism, with a particular focus on the theory developed by Corey Brettschneider. For Brettschneider, the state should engage in ‘democratic persuasion’ by speaking out against views that are incompatible with the ideal of free and equal citizenship, and refusing to fund or subsidise civil society (...) groups that hold such views. My critique has five parts. I first rebut two central justifications for transformative liberalism, regarding complicity and the undermining of equal citizenship. Second, I show that some of the central policies that Brettschneider advocates are in fact coercive. Third, I raise concerns about the nature of the complex and contestable judgments that transformative liberalism requires the state to make. Fourth, I argue that Brettschneider’s view has various troubling implications. Finally, I argue that many of these problems derive from his adoption of a thick conception of free and equal citizenship, resulting in an overly broad definition of hateful viewpoints and of hate speech. A defensible version of transformative liberalism would use a significantly narrower conception. (shrink)

ABSTRACTThe idea of “church autonomy” has risen to prominence in law and religion discourse in recent years. Defenders argue that church autonomy is essential to protecting religious freedom, while critics argue that it permits great harm. This heated dispute often obscures the fact that religious group autonomy is not all-or-nothing. Religious organizations can enjoy some autonomy without being free from all legal oversight. This article thus seeks to make progress in the debate by providing a taxonomy of kinds of judicial (...) examination of religious organizations’ decisions—focusing on employment decisions—and normatively assessing each kind. I argue that religious groups should enjoy protection from certain kinds of examination, but other kinds are justifiable, and even required. My argument supports an approach similar to that seen in some recent European Court of Human Rights decisions, rather than the less discriminating approach of U.S. courts. (shrink)