Policies are often justified to the public with reference to factual claims that most people cannot easily verify or scrutinise because they lack relevant knowledge or expertise. This poses a challenge for theories of public justification which require that laws are justified using reasons that all can accept. Further difficulties arise in cases such as the response to the ongoing COVID-19 pandemic where the factual base of knowledge used to justify policies is limited, subject to a high (...) degree of disagreement amongst experts, and marked by rapid changes. This paper reviews some strategies that public justification theorists might draw on to address the question of how to justify policies that depend on this kind of expert knowledge. Whilst such strategies cohere with existing theories of public justification, they do not yield intuitively attractive recommendations. Ideally, theories of public justification would provide criteria by which to evaluate expert testimony such that it guides and informs, but does not lead, policy making. However, in cases like the pandemic response, theories of public reason currently tend towards recommendations that are intuitively unattractive: either requiring citizens to defer to ‘experts’ in a fairly uncritical way or being overly permissive of most factual claims. (shrink)

In “Justice as Fairness: Political not Metaphysical,” John Rawls suggests an approach to a public conception of justice that eschews any dependence on metaphysical conceptions of justice in favor of a political conception of justice. This means that if there is a metaphysical conception of justice that actually obtains, then Rawls’ theory would not be sensitive to it. Rawls himself admitted in Political Liberalism that “the political conception does without the truth.” Similarly, in Law (...) of Peoples, Rawls endorses a political conception of justice to govern the society of peoples that is not concerned with truth, but instead concerned with being sufficiently neutral so as to avoid conflict with any reasonable comprehensive doctrines. The odd result is that this neutrality excludes any conception of truth at all. Therefore, in times of crisis that demand incisive decision making based on scientific, economic or moral considerations, public reason will stall because it can contain no coherent conception of truth. (shrink)

Focusing on current efforts to persuade the public to comply with Covid-19 best practices, this essay examines what role appeals to religious reasons should (or should not) play in leaders’ attempts to secure followers’ acceptance of group policies in contexts of religious and moral pluralism. While appeals to followers’ religious commitments can be helpful in promoting desirable public health outcomes, they also raise moral concerns when made in the contexts of secular institutions with religiously diverse participants. In (...) these contexts, leaders who appeal to religious reasons as bases of justification for imposing Covid policies may seem to fail to show respect for the autonomy of those who lack the relevant religious commitments, and—especially when a leader herself rejects the religious commitments she makes reference to to persuade others—her appeals to religious reasons may seem to constitute ethically problematic exercises of manipulation. This essay draws on the resources of contemporary political philosophy to analyze and respond to these concerns and concludes that they are not sufficiently well-founded. To the contrary, it contends that there are good moral grounds for leaders to appeal to religious reasons as (partial) bases of justification for why followers should accept Covid policies. In the course of the argument, this essay also highlights how contemporary political theory can enrich discussions about the distinctions between coercion, manipulation, and leadership, and thereby give insight not only into the ethics of leadership but also—at least by the lights of central theories of leadership like that of James MacGregor Burns (1978)—into whether and how appeals to religious reasons can figure into genuine exercises of leadership, in contrast with mere instances of the wielding of social power. (shrink)

This paper deals with the COVID 19 pandemic problems from the point of view of political epistemology. It analyses the validity of conspiracy theories related to the origin, existence, and premeditation of COVID 19, as well as the effectiveness and legitimacy of the vaccines developed to stop its advance. To this end, the development of the work focuses on what we call the problem of the "formulation" that underlies conspiracy theories, analyzing it in two related dimensions. The (...) first dimension of an epistemic nature provides a demarcation criterion for the rationality of theories based on the falsification criterion. The second dimension accentuates a political aspect analyzed from the standard of the reasonableness of such views. Both factors point out that conspiracy theories around the pandemic leave the world aside, whether in terms of the empirical basis that supports it or the democratic public space necessary for its development deliberation. From this approach, these views result in irrational and unreasonable ones to different degrees. (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)

Public reason liberalism demands that political decisions be publicly justified to the citizens who are subjected to them. Much recent literature emphasises the differences between the two main interpretations of this requirement, justificatory and political liberalism. In this paper, I show that both views share structural democratic deficits. They fail to guarantee political autonomy, the expressive quality of law, and the justification to citizens, because they allow collective decisions made by incompletely theorised agreements. I argue (...) that the result can only be avoided by changing public reason’s role in collective decision-making. Instead of incompletely theorised agreements, we should demand agreement both on the public reasons themselves and on the other premises that justify political decisions. In this way, it is always possible to point to a procedure-independent reason that justifies democratic decisions, and the reasoning of the state is public and contestable. Finally, I explain how this, in turn, implies that only political liberalism can be rescued—by accepting what I will call strong political liberalism. Modifying justificatory liberalism in the necessary way will inevitably open the door to an objectionable form of perfectionism. (shrink)

How should we understand the familiar demand that journalists ‘be objective’? One possibility is that journalists are under an obligation to report only the facts of the matter. However, facts need to be interpreted, selected, and communicated. How can this be done objectively? This paper aims to explain the concept of journalistic objectivity in methodological terms. Specifically, I will argue that the ideal of journalistic objectivity should be recast as a commitment to John Rawls’s conception of public reason. Journalism (...) plays a vital role in the operation of all modern liberal democracies, functioning as the public watchdog, the fourth estate, or the conduit through which vital information flows to the citizenry. Journalism is, therefore, an institution that is best understood as part of the basic structure of society. In Political Liberalism, Rawls explicitly excludes media of any kind from the demands of public reason because he doesn’t think that they play a political role that is important enough to bring them under the official auspices of public reason. I will argue that overlooking the political significance of journalism is a mistake, but one that can be corrected while keeping within the spirit and most important elements of his theory. This revision will widen the scope for what counts as journalism beyond traditional outlets and forms of media but will impose the demands of public reason on anyone who intends to participate in the institution. (shrink)

John Rawls claims that public reasoning is the reasoning of ‘equal citizens who as a corporate body impose rules on one another backed by sanctions of state power’. Drawing on an amended version of Michael Bratman’s theory of shared intentions, I flesh out this claim by developing the ‘civic people’ account of public reason. Citizens realize ‘full’ political autonomy as members of a civic people. Full political autonomy, though, cannot be realised by citizens in societies (...) governed by a ‘constrained proceduralist’ account of democratic self-government, or the ‘convergence’ account of public justification formulated recently by Gerald Gaus and Kevin Vallier. (shrink)

This book continues and revises the ideas of justice as fairness that John Rawls presented in _A Theory of Justice_ but changes its philosophical interpretation in a fundamental way. That previous work assumed what Rawls calls a "well-ordered society," one that is stable and relatively homogenous in its basic moral beliefs and in which there is broad agreement about what constitutes the good life. Yet in modern democratic society a plurality of incompatible and irreconcilable doctrines--religious, philosophical, and moral--coexist (...) within the framework of democratic institutions. Recognizing this as a permanent condition of democracy, Rawls asks how a stable and just society of free and equal citizens can live in concord when divided by reasonable but incompatible doctrines? This edition includes the essay "The Idea of Public Reason Revisited," which outlines Rawls ' plans to revise _Political Liberalism,_ which were cut short by his death. "An extraordinary well-reasoned commentary on _A Theory of Justice_...a decisive turn towards political philosophy." --_Times Literary Supplement_. (shrink)

This chapter is divided into two parts. In the first part, I explain the foundational differences between A Theory of Justice and Political Liberalism, despite the fact that Rawls maintains the Two Principles of Justice in both works. Moreover, I expound why, in view of the fact that reasonable people would subscribe to different comprehensive religious, philosophical, and moral doctrines, Rawls needs a new foundation for social stability in a constitutional liberal democracy. I explain the connection between Rawls’ (...) ideas of overlapping consensus, political conception, and public reason. Moreover, I explain Rawls’ idea of “duty of civility” and the condition under which a controversial issue can be legitimately resolved by way of voting. Further, instead of pursuing Rawls’ idea that bioethical issues could be resolved by way of “reasonable balancing” of “political values,” I turn to T. M. Scanlon’s contractualist approach, which is congenial to Rawlsian political liberalism and can resolve moral, political, and bioethical issues. In the second part of this chapter, I try to resolve the problem of medical assistance in dying by using Thomson’s/Scanlon’s idea that permissibility is not affected by intention. I deal with the Slippery Slope Arguments, the argument from abuse, and the argument from pressure on elderly patients who might feel obligated to die. Finally, I argue that Scanlonian contractualism is preferable to utilitarianism, and that contractualism can defuse the problem from pressure which has plagued utilitarianism. (shrink)

The COVID-19 pandemic poses extraordinary public health challenges. In order to respond to such challenges, most democracies have relied on so-called ‘evidence-based’ policies, which supposedly devolve to science the burden of their justification. However, the biomedical sciences can only provide a theory-laden evidential basis, while reliable statistical data for policy support is often scarce. Therefore, scientific evidence alone cannot legitimise COVID-19 public health policies, which are ultimately based on political decisions. Given this inevitable input (...) on policy-making, the risk of arbitrariness is ubiquitous and democratic scrutiny becomes essential to counter it. During the COVID-19 pandemic, the standards of scientific and democratic scrutiny have been, as a matter of fact, substantially lowered. This erosion potentially damages democracy. (shrink)

Many democratic theorists hold that when a decision is collectively made in the right kind of way, in accordance with the right procedure, it is permissible to enforce it. They deny that there are further requirements on the type of reasons that can permissibly be used to justify laws and policies. In this paper, I argue that democratic theorists are mistaken about this. So-called public reason requirements follow from commitments that most of them already hold. Drawing on (...) the democratic ideal of civic equality, I show that it can successfully explain why political decision-making must have the right sort of procedure-independent justification. However, contra standard accounts of public reason, I argue that laws and policies need to be justified with convergence accessible, not shared, reasons. Public reasons are those that are accessible in light of evaluative standards shared by all, or in light of every citizen’s private evaluative standards. Since this will make the set of public reasons wider, it makes the theory more palatable to sceptics while retaining the framework’s justificatory potential. (shrink)

This article aims to present four case studies of the different responses to governmental measures to fight the COVID-19 pandemic by supreme and constitutional courts, especially in cases of jurisdictions that have been facing democratic erosion. The spread of the COVID-19 pandemic demanded immediate public policies and other political decisions from the branches of government. Executive authorities were the main actors in effecting constitutional public health norms. The expectation was that they will abide by (...) the rule of law in fulfilling their duties; that has not been the case under governments that promoted democratic erosion. The different contexts of the threats posed to the constitutional democracies led populist and illiberal leaders to opportunistically either try to—and then be contained by courts—or effectively consolidate the expansion of powers under the conditions of the pandemic. Concentrating on four jurisdictions (the USA, Hungary, El Salvador, and Brazil), the article demonstrates that courts can effectively work as bulwarks against waves of democratic erosion, especially in situations of stress, as it was the case in the global COVID-19 pandemic. This hypothesis is also proven by episodes in which courts did not sufficiently operate to curb illiberalism because they were already captured. The analyses enable classifying the court’s responses to the COVID-19 executive measures in a threefold pattern: deferential, restrictive, and of forced capitulation. (shrink)

This paper explores two different strategies that may be useful to give substance to Deweyandemocracy’s claim that in order for democratic associations to develop into communities, citizens needto learn how to conduct inquiry in a social setting. The two strategies reflect a principal division amongviews of public deliberation. The first strategy, the separation strategy, closely resembles Rawls’political liberalism by advocating the development of a separate sphere of public deliberation, guidedby factual and normative assumptions that we need (...) not accept anywhere outside that sphere.Comprehensive doctrines are to be held outside of public deliberation, a move which makes possible arather straightforward application of Dewey’s theory of inquiry. The second strategy, theembeddedness strategy, stresses the fact that public deliberation is inevitably embedded in broaderspheres of social life, and that the development towards community must be piecemeal, and go hand inhand with developments in social life as a whole. I argue that there are weighty reasons for doubtingthe feasibility of the separation strategy, and I also argue that these reasons are relevant for ourevaluation of all versions of the separation strategy, including political liberalism. I conclude that oneof Deweyan democracy’s most important assets, which deserves further examination, is its insight thatreflection on public deliberation needs to take its embedded character into account. (shrink)

This book continues and revises the ideas of justice as fairness that John Rawls presented in _A Theory of Justice_ but changes its philosophical interpretation in a fundamental way. That previous work assumed what Rawls calls a "well-ordered society," one that is stable and relatively homogenous in its basic moral beliefs and in which there is broad agreement about what constitutes the good life. Yet in modern democratic society a plurality of incompatible and irreconcilable doctrines -- religious, philosophical, (...) and moral -- coexist within the framework of democratic institutions. Recognizing this as a permanent condition of democracy, Rawls asks how a stable and just society of free and equal citizens can live in concord when divided by reasonable but incompatible doctrines? This edition includes the essay "The Idea of Public Reason Revisited," which outlines Rawls' plans to revise _Political Liberalism,_ which were cut short by his death. "An extraordinary well-reasoned commentary on _A Theory of Justice_...a decisive turn towards political philosophy." -- _Times Literary Supplement_. (shrink)

This book continues and revises the ideas of justice as fairness that John Rawls presented in A Theory of Justice but changes its philosophical interpretation in a fundamental way. That previous work assumed what Rawls calls a "well-ordered society," one that is stable and relatively homogenous in its basic moral beliefs and in which there is broad agreement about what constitutes the good life. Yet in modern democratic society a plurality of incompatible and irreconcilable doctrines -- religious, philosophical, (...) and moral -- coexist within the framework of democratic institutions. Recognizing this as a permanent condition of democracy, Rawls asks how a stable and just society of free and equal citizens can live in concord when divided by reasonable but incompatible doctrines? This edition includes the essay "The Idea of Public Reason Revisited," which outlines Rawls' plans to revise Political Liberalism, which were cut short by his death. "An extraordinary well-reasoned commentary on A Theory of Justice...a decisive turn towards political philosophy." -- Times Literary Supplement. (shrink)

Critics of John Rawls' conception of a reasonable pluralism have raised the question of whether it is justified to demand that religious individuals should 'bracket' their essential, identity-constituting convictions when they enter a political discourse. I will argue that the criterion for religious beliefs of being justified as grounds for political decisions should be their ability of being 'translatable' in secular reasons for the very same decisions. This translation would demand 'epistemic abstinence' from religious believers only on the (...) basis of a rigid distinction between the spheres of private opinions and public reasons. To give a more adequate account of the relation between religious beliefs and political reasons in a pluralistic society it seems to be helpful to make use of Niklas Luhmann's functionalistic theory of religion. Key Words: democracy and religious beliefs • philosophy of religion • pluralism • political liberalism • political theory. (shrink)

Public justification-based accounts of liberal legitimacy rely on the idea that a polity’s basic structure should, in some sense, be acceptable to its citizens. In this paper I discuss the prospects of that approach through the lens of Gerald Gaus’ critique of John Rawls’ paradigmatic account of democratic public justification. I argue that Gaus does succeed in pointing out some significant problems for Rawls’ political liberalism; yet his alternative, justificatory liberalism, is not voluntaristic enough to satisfy (...) the desiderata of a genuinely democratic theory of public justification. So I contend that—pace Gaus, but also Rawls—rather than simply amending political liberalism, the claims of justificatory liberalism bring out fatal tensions between the desiderata of any theory of liberal-democratic legitimacy through public justification. (shrink)

In an attempt to respond effectively to the COVID-19 pandemic, policy makers and scientific experts who advise them have aspired to present a unified front. Leveraging the authority of science, they have at times portrayed politically favored COVID interventions, such as lockdowns, as strongly grounded in scientific evidence—even to the point of claiming that enacting such interventions is simply a matter of “following the science.” Strictly speaking, all such claims are false, since facts alone never yield moral-political (...) conclusions. More importantly, attempts to present a unified front have led to a number of other actions and statements by scientists and policy makers that erode the authority of science. These include actions and statements that: (1) mislead the public about epidemiological matters such as mortality rates, cause of death determinations, and computerized modeling, or fail to correct mainstream media sources that interpret such concepts in misleading ways; (2) incorporate moral-political opinions into ostensible statements of fact; and (3) misrepresent or misuse scientific expertise. The fundamental thesis of the paper is not primarily that such actions and statements have proliferated during the COVID-19 epidemic (though I think they have), but rather that they are unscientific and that presenting them as science undermines the authority of science. In the moral-political realm, the great power of science and the source of its authority derives from its agnosticism about fundamental moral-political claims. Science, for instance, has no built-in presumption that we should respect life, promote freedom, or practice toleration; nor does it tell us which of these values to prioritize when values conflict. Because of this agnosticism, science is recognized across a broad diversity perspectives as morally and politically impartial, and authoritative within its proper sphere. When it is infused with partisan bias, it loses that authority. (shrink)

In an attempt to respond effectively to the COVID-19 pandemic, policy makers and scientific experts who advise them have aspired to present a unified front. Leveraging the authority of science, they have at times portrayed politically favored COVID interventions, such as lockdowns, as strongly grounded in scientific evidence—even to the point of claiming that enacting such interventions is simply a matter of “following the science.” Strictly speaking, all such claims are false, since facts alone never yield moral-political (...) conclusions. More importantly, attempts to present a unified front have led to a number of other actions and statements by scientists and policy makers that erode the authority of science. These include actions and statements that: (1) mislead the public about epidemiological matters such as mortality rates, cause of death determinations, and computerized modeling, or fail to correct mainstream media sources that interpret such concepts in misleading ways; (2) incorporate moral-political opinions into ostensible statements of fact; and (3) misrepresent or misuse scientific expertise. The fundamental thesis of the paper is not primarily that such actions and statements have proliferated during the COVID-19 epidemic (though I think they have), but rather that they are unscientific and that presenting them as science undermines the authority of science. In the moral-political realm, the great power of science and the source of its authority derives from its agnosticism about fundamental moral-political claims. Science, for instance, has no built-in presumption that we should respect life, promote freedom, or practice toleration; nor does it tell us which of these values to prioritize when values conflict. Because of this agnosticism, science is recognized across a broad diversity perspectives as morally and politically impartial, and authoritative within its proper sphere. When it is infused with partisan bias, it loses that authority. (shrink)

Liberal democracies across the world have responded to the COVID-19 pandemic by implementing measures that significantly curtail the rights and liberties of individual citizens. These measures must receive public justification in order to be politically legitimate. By combining analytical political philosophy with ontology in an original way, in this article we argue that liberal democratic governments have so far failed to adequately justify these measures, since they have not systematically targeted the scholarly study of COVID-19 (...) in everyday environments, consequently implementing rules that are epistemically unsound and not publicly justified, at least not fully. (shrink)

As the COVID-19 pandemic continues to evolve, taking its toll on people’s lives around the world, vaccine passports remain a contentious topic of debate in most liberal democracies. While a small literature on vaccine passports has sprung up over the past few years that considers their ethical pros and cons, in this paper we focus on the question of when vaccine passports are politically legitimate. Specifically, we put forward a ‘public reason ethics framework’ for resolving ethical disputes and (...) use the case of vaccine passports to demonstrate how it works. The framework walks users through a structured analysis of a vaccine passport proposal to determine whether the proposal can be publicly justified and is therefore legitimate. Use of this framework may also help policymakers to design more effective vaccine passports, by incorporating structured input from the public, and thereby better taking the public’s interests and values into account. In short, a public reason ethics framework is meant to encourage better, more legitimate decision-making, resulting in policies that are ethically justifiable, legitimate and effective. (shrink)

We have already stated that Rawls situates his political liberalism within the liberal tradition. The practical meaning of so doing now becomes clear. Rawls presents his theory as a resource for public reflection and self clarification of that tradition. He hopes thereby to bring the process of reflection, which has occupied the liberal tradition for a considerable time, to some conclusion. One might also speak here of a hermeneutic turn in Rawls’ thought. His political philosophy does (...) not withdraw from the world, nor does it claim to discover the truth by its own methods of reason, “apart from any tradition of political thought and practice.”. Rawls recognises that philosophical argumentation on its own is probably not in a position to lead to agreement.For this reason he considers it more fruitful to seek out “bases of agreement” which are implicit in the public culture of democratic societies and, more particularly, in their underlying conceptions of the person and of social cooperation. It is perhaps true that such “bases of agreement” are obscure and can be understood in a variety of ways. Rawls endeavours to show, however, precisely how such concepts can be understood, and how the notion of the original position can be used to connect them to certain principles of justice which themselves belong to the tradition of moral philosophy.Rawls is not seeking to give foundation to our moral insight; instead he sees the task of philosophy as consisting in showing the “coherence” of these insights with other ideas, thereby bringing order to our convictions, from the most general to the most particular. The original position plays a central role in this reflection. It must contribute to our attainment of an unimpeded vision of the demands of justice, if society is conceived as a scheme of fair cooperation between free and equal, reasonable and rational persons. Carried by the fundamental ideas of the liberal tradition, Rawls’ political philosophy must bring this tradition to unity and consensus. (shrink)

This article discusses the growth of the populist radical right as a concrete example of the scenario where liberal democratic ideas are losing support in broadly liberal democratic societies. Our goal is to enrich John Rawls’ influential theory of political liberalism. We argue that even in that underexplored scenario, Rawlsian political liberalism can offer an appealing account of how to promote the legitimacy and stability of liberal democratic institutions provided it places partisanship centre stage. (...) Specifically, we propose a brand-new moral duty binding ‘reasonable’ partisans committed to pluralism. This duty establishes conditions where partisans must strategically transform society’s public reason (i.e. transform the visions for society their parties campaign on) in ways that promise to attract back support from illiberal and antidemocratic competitors. While this strategic behaviour might seem impermissible, we show that Rawls’ distinctive account of sincerity in democratic deliberation is uniquely placed to justify it as perfectly ethical. (shrink)

Biomedical science suffered a loss of trust during the Covid‐19 pandemic. Why? One reason is a crisis fueled by confusion over the epistemology of science. Attacks on biomedical expertise rest on a mistaken view of what the justification is for crediting scientific information. The ideas that science is characterized by universal agreement and that any evolution or change of beliefs about facts and theories undermines trustworthiness in science are simply false. Biomedical science is trustworthy precisely because it is fallible, (...) admits error, adjusts to new information, and, most importantly, is practical. Successful diagnosis and cure demarcate the boundaries of warranted knowledge. The other reason is sociological. As the pandemic made all too clear, the loss of faith in scientific experts was due to the failure of most of them to engage in regular public dialogue, reflecting a failure to recognize the obligation that science has to bolster trust in its work and findings by concerted public engagement. (shrink)

This essay addresses Rawls’ claim in Political Liberalism that the U.S. Supreme Court would have power to overturn an amendment repealing the First Amendment. I argue that the argument succeeds if one conceives of public reason as a theory of constitutional lawmaking. This theory is founded on Rawls’ unique contributions to the concept of public reason: the criterion of reciprocity, and the content, given by a family of reasonable conceptions of political justice. This conception (...) of public reason imports substantive moral commitments into democratic theory, and thereby limits what may count as law. This essay reconstructs Rawls’ reasoning by developing a theory of public reason as law higher even than constitutional law, and then to use this theory to analyze and critique other theories, such as Ackerman’s constitutional moment. (shrink)

Political parties have only recently become a subject of investigation in political theory. In this paper I analyse religious political parties in the context of John Rawls’s political liberalism. Rawlsian political liberalism, I argue, overly constrains the scope of democratic political contestation and especially for the kind of contestation channelled by parties. This restriction imposed upon political contestation risks undermining democracy and the development of the kind of democratic ethos that (...) political liberalism cherishes. In this paper I therefore aim to provide a broader and more inclusive understanding of ‘reasonable’ political contestation, able to accommodate those parties (including religious ones) that political liberalism, as customarily understood, would exclude from the democratic realm. More specifically, I first embrace Muirhead and Rosenblum’s (Perspectives on Politics 4: 99–108 2006) idea that parties are ‘bilingual’ links between state and civil society and I draw its normative implications for party politics. Subsequently, I assess whether Rawls’s political liberalism is sufficiently inclusive to allow the presence of parties conveying religious and other comprehensive values. Due to Rawls’s thick conceptions of reasonableness and public reason, I argue, political liberalism risks seriously limiting the number and kinds of comprehensive values which may be channelled by political parties into the public political realm, and this may render it particularly inhospitable to religious political parties. Nevertheless, I claim, Rawls’s theory does offer some scope for reinterpreting the concepts of reasonableness and public reason in a thinner and less restrictive sense and this may render it more inclusive towards religious partisanship. (shrink)

A well-ordered society faces a crisis whenever a sufficient number of noncompliers enter into the political system. This has the potential to destabilize liberal democratic political order. This article provides a formal analysis of two competing solutions to the problem of political stability offered in the public reason liberalism literature—namely, using public reason or using convergence discourse to restore liberal democratic political order in the well-ordered society. The formal analyses offered in this (...) article show that using public reason fails completely, and using convergent discourse, although doing better, has its own critical limitations that have not been previously recognized properly. (shrink)

The gendered implications of COVID-19, in particular in terms of gender-based violence and the gendered division of care work, have secured some prominence, and ignited discussion about prospects for a ‘feminist recovery’. In international law terms, feminist calls for a response to the pandemic have privileged the United Nations Security Council (UNSC), conditioned—I argue—by two decades of the pursuit of the Women, Peace and Security (WPS) agenda through the UNSC. The deficiencies of the UNSC response, as characterised by the (...) Resolution 2532 adopted to address the pandemic, manifest yet again the identified deficiencies of the WPS agenda at the UNSC, namely fragmentation, securitisation, efficacy and legitimacy. What Resolution 2532 does bring, however, is new clarity about the underlying reasons for the repeated and enduring nature of these deficiencies at the UNSC. Specifically, the COVID-19 ‘crisis’ is powerful in exposing the deficiencies of the crisis framework in which the UNSC operates. My reflections draw on insights from Hilary Charlesworth’s seminal contribution ‘International Law: A Discipline of Crisis’ to argue that, instead of conceding the ‘crisis’ framework to the pandemic by prioritising the UNSC, a ‘feminist recovery’ must instead follow Charlesworth’s exhortation to refocus on an international law of the everyday. (shrink)

At the height of the COVID-19 crisis in the Netherlands a shortness of intensive care beds was looming. Dutch professional medical organizations asked a group of ethicists for assistance in drafting guidelines and criteria for selection of patients for intensive care treatment in case of absolute scarcity, when medical selection criteria would no longer suffice. This article describes the Dutch context, the process of drafting the advice and reflects on the role of ethicists and lessons learned. We argue that (...) timely interaction between clinical and ethical expertise is necessary since the distinction between medical and non-medical considerations is not as clearcut as sometimes assumed. Furthermore, pragmatic considerations related to the specifics of an epidemic are of importance, for example, in relation to prioritizing health care workers. As a consequence, any protocol already present before the pandemic would need alterations to fit the current situation. The ‘fair innings’ criterion we proposed, rephrased as an argument of intergenerational solidarity, was considered reasonable by professionals as well as patient organizations. While it is desirable to draft ethical guidelines in ‘peacetime’ as a matter of pandemic preparedness, the pressure of an actual crisis facilitates decision-making, although it will also complicate a more democratic approach. (shrink)

For over twenty years, Paul Weithman has explored the thought of John Rawls to ask how liberalism can secure the principled allegiance of those people whom Rawls called 'citizens of faith'. This volume brings together ten of his major essays, which reflect on the task and political character of political philosophy, the ways in which liberalism does and does not privatize religion, the role of liberal legitimacy in Rawls's theory, and the requirements of public reason. The (...) essays reveal Rawls as a thinker deeply engaged with political and existential questions that trouble citizens of faith, and explore how - in firm opposition to political realism - he tries to show that the possibility of liberal democracy and the natural goodness of humanity are objects of reasonable faith. The volume will be of interest to political philosophers, political theorists, moral theologians, and religious ethicists. (shrink)

Liberal democracy constitutes a particularly attractive political model with its emphasis on both popular sovereignty and individual liberty. Recently several new and innovative articulations of the liberal democratic ideal have been presented. This article reviews three of these recent theories and particularly their democratic credentials. The selection includes theories emphasizing modus vivendi, Rawlsian political liberalism and liberal equality. Taken together these theories show different ways to conceptualize democracy within liberal thought. I argue that ultimately all three (...) approaches struggle with articulating a persuasive conception of democracy, but nevertheless these theories show that liberals do think seriously about the role of democracy in their theories. (shrink)

The idea of public reason is central to political liberalism's aim to provide an account of the possibility of a just and stable democratic society comprised of free and equal citizens who nonetheless are deeply divided over fundamental values. This commitment to the idea of public reason reflects the normative core of political liberalism which is rooted in the principle of democratic legitimacy and the idea of reciprocity among citizens. Yet both critics and defenders (...) of political liberalism disagree over whether or not the idea of public reason permits citizens to appeal to their comprehensive conceptions of the good in public deliberation over matters of basic justice. Our aim in this paper is to provide a defense of an exclusive idea of public reason, and at the same time we aim to dispel the underlying concerns of two prominent criticisms of the idea of public reason—the concern of alienation from the political process, as expressed by religiously oriented critics, and the concern over women's equality, as expressed by feminist critics. We argue that inclusive accounts of the idea of public reason are not consistent with political liberalism's core commitments. Further, we claim, inclusive accounts of the idea of public reason deepen feminist concerns. We think that, properly understood, an exclusive account of the idea of public reason can address feminist concerns about political liberalism and avoid alienating (reasonable) religious persons in an unacceptable way. Thus, we conclude that an exclusive account of the idea of public reason is our best hope for reconciliation. (shrink)

There is a little explored tension between the regulations called for by environmentalists and the predominant liberal political theory. The latter says that laws are only legitimate when publicly defensible to all who must follow them and thus does not support the state adoption of particular values. Environmental concerns frequently fall under the category of particular values. I explore ways that liberalism does in fact support environmental regulations as furthering universal rights and justice within and between generations. However, (...) some forms of environmental preservation are clearly government pursuits of particular values. I explore possible liberal justifications of publicly fostering environmental values and conclude by arguing for a deliberative democratic approach. (shrink)

There is a little explored tension between the regulations called for by environmentalists and the predominant liberal political theory. The latter says that laws are only legitimate when publicly defensible to all who must follow them and thus does not support the state adoption of particular values. Environmental concerns frequently fall under the category of particular values. I explore ways that liberalism does in fact support environmental regulations as furthering universal rights and justice within and between generations. However, (...) some forms of environmental preservation are clearly government pursuits of particular values. I explore possible liberal justifications of publicly fostering environmental values and conclude by arguing for a deliberative democratic approach. (shrink)

What is the place of religion in a pluralist democracy? The continuous presence of religion in the public sphere has raised anew normative and practical issues related to the role of religion in a democratic polity, generating spirited political debates in Western and non-Western contexts. Contemporary Political Philosophy and Religion provides an advanced introduction to, and a critical appraisal of, the major schools of political thought with a focus on the relationship between democracy and religion. (...) Key features of this book include: -/- - Analyses of different political traditions: liberalism, republicanism, deliberative democracy, feminism, postmodernism, multiculturalism, and interculturalism; -/- - Critical discussions of key contemporary philosophers, such as John Rawls, Jürgen Habermas, Richard Rorty, Charles Taylor, Susan Moller Okin, Martha Nussbaum, Will Kymlicka, Chandran Kukathas, and Bhiku Parekh; -/- - A pluralist approach that questions the strict divide between analytical and continental political philosophy; -/- - Discussion on the place of religion in politics from multiple perspectives by drawing on a plurality of political contexts, both Western and non-Western; -/- - Analyses of legal and political cases related to different religious traditions, for example, Islam, Confucianism, Buddhism, Christianity, and Hinduism. -/- This comprehensive text will be of great use to students of religion and politics in the fields of political and legal theory, and religious and theological studies, while also offering critical insights and arguments that will be of interest to the experts in the field. (shrink)

On Conditions of Participation: The Deficits of Public Reason The paper analyzes the conditions of civic participation that are elucidated by criticism of the deficits of public reason. The interpretation proceeds in three steps. First, the idea of public reason and discourse is analyzed, followed by an explanation of democratic deficit and of the social deficit in the second and third steps, respectively. These deficits are analyzed as an essential limit to political and social conditions (...) of the participation of citizens. The analysis focuses thereby on the theory of public reason by one of the most influential political philosophers of the last decades, John Rawls. The paper identifies two main pitfalls in his theory: first, the deficit following from an inadequate integration of an individual into society, which, in this case, represents democratic deficit, second, the deficit linked with underrating the socio-distributive dimension of justice, which means a social deficit. (shrink)

The pragmatic turn away from epistemology could mean a number of things for the definition of the future of political theory. First, political liberalism would mark a distinct departure from comprehensive liberalism that is based solely on epistemological justification of fundamental liberal notions. Second, the pragmatic turn would cause Rawls to modify his long-time emphasis on constructivism, moving from Kantian constructivism to political constructivism, and implicitly adopting more substantive approach. Third, the fact of pluralism would radically (...) open up the question of the foundation for consensus, which would lead to an emphasis on constitutionalism. Fourth, this move, innovative as it was, would lead to the establishment of an association between constitutional interpretation and public reason. Finally, this set of moves associated with the pragmatic turn would essentially set up a series of constraints when it comes to evaluating public reason from an international perspective. (shrink)

Kevin Vallier’s book, Liberal Politics and Public Faith. Beyond Separation, constitutes an essential reading for anyone interested in public reason liberalism and in the debate concerning the role of religion in contemporary democratic societies. Vallier argues for a strong version of convergence in public justification, aiming at defending an account of liberalism friendly towards religion and religious citizens. Against traditional forms of liberalism built on the idea of neutrality and embodied in a secularized view of social (...) institutions, Vallier’s goal is to reconcile public reason liberalism with religion by showing that his theory “realizes foundational liberal values while according religion a prominent and powerful role in public life” .The topic of Vallier’s book is clearly of fundamental importance. That of the supposedly needed separation between religion and the state is not only one of the most long-standing issues in political philosophy, but it is also extremely r .. (shrink)

Faced with current urgent calls for more trust in experts, especially in high impact and politically sensitive domains, such as climate science and COVID-19, the complex and problematic nature of public trust in experts and the need for a more critical approach to the topic are easy to overlook. Scepticism – at least in its Humean mitigated form that encourages independent, questioning attitudes – can prove valuable to democratic governance, but stands in opposition to the cognitive dependency (...) entailed by epistemic trust. In this paper, we investigate the tension between the value of mitigated scepticism – understood as the exercise of reason-based doubt in a particular domain – and the need for trust in experts. We offer four arguments in favour of mitigated scepticism: the argument from loss of intellectual autonomy; the argument from democratic deficit; the argument from the normative failures of science; and the argument from past and current injustices. These arguments highlight the tension between the requirements for trust and justified scepticism about the role of experts. One solution, which we reject, is the idea that reliance, rather than trust, is sufficient for the purposes of accommodating experts in policy matters. The solution we endorse is to create a ‘climate of trust’, where questioning experts and expertise is welcomed, but the epistemic trust necessary for action upon information which the public cannot obtain first-hand is enabled and encouraged through structural, institutional, and justice-based measures. (shrink)

Rawls hoped to meet these critics on their own ground by accepting that a comprehensive liberal position cannot be vindicated and by showing how a less ambitious, merely political, version of liberalism could be vindicated. His conception of political liberalism was less ambitious in two ways. In the first place its substantive normative claims were confined to the domain of politics: all he aspired to was a liberal theory of justice. Secondly, he argued that liberalism could dispense (...) with metaphysical and moral foundations: liberal justice could be vindicated as “political not metaphysical.” Since the publication of Political Liberalism, the term ‘political liberalism’ has increasingly been used to indicate this quite specific version of liberalism, whose normative claims are merely political, and which purports not to draw on “comprehensive moral doctrines,” or on unsustainable metaphysical claims. (shrink)

In this paper, I critically assess John Rawls' repeated claim that the duty of civility is only a moral duty and should not be enforced by law. In the first part of the paper, I examine and reject the view that Rawls' position may be due to the practical difficulties that the legal enforcement of the duty of civility might entail. I thus claim that Rawls' position must be driven by deeper normative reasons grounded in a conception of free speech. (...) In the second part of the paper, I therefore examine various arguments for free speech and critically assess whether they are consistent with Rawls' political liberalism. I first focus on the arguments from truth and self-fulfilment. Both arguments, I argue, rely on comprehensive doctrines and therefore cannot provide a freestanding political justification for free speech. Freedom of speech, I claim, can be justified instead on the basis of Rawls' political conception of the person and of the two moral powers. However, Rawls' wide view of public reason already allows scope for the kind of free speech necessary for the exercise of the two moral powers and therefore cannot explain Rawls' opposition to the legal enforcement of the duty of civility. Such opposition, I claim, can only be explained on the basis of a defence of unconstrained freedom of speech grounded in the ideas of democracy and political legitimacy. Yet, I conclude, while public reason and the duty of civility are essential to political liberalism, unconstrained freedom of speech is not. Rawls and political liberals could therefore renounce unconstrained freedom of speech, and endorse the legal enforcement of the duty of civility, while remaining faithful to political liberalism. (shrink)

This paper aims to explore an important concept in the work of the later Rawls: the idea of the reasonable. While the concept has its roots in both Aristotle and Kant, Rawls develops a unique account of the reasonable in the light of his theory of political liberalism. The paper includes Rawlsian responses to the practical challenges of radical democrats on the one hand, and epistemological challenges to the reasonable on the other. It concludes that Rawls’s account of (...) the reasonable helps to bridge the gap between liberal theory and democratic practice. (shrink)

Public reason liberals from John Rawls to Gerald Gaus uphold a principle of public justification as a core commitment of their theories. Critics of public reason liberalism have sometimes conceded that there is something compelling about the idea of public justification. But so far there have not been many attempts to elaborate and defend a ‘comprehensive’ liberalism that incorporates a principle of public justification. This article spells out how public justifiability could be integrated into (...) a comprehensive liberalism and defends the claim that what is worthwhile about public justification can be extracted from public reason liberalism. (shrink)

Photo by Thought Catalog on Unsplash INTRODUCTION The coronavirus pandemic is a challenge to educators, policy makers, and ordinary people. In facing the threat from COVID-19, school systems and global institutions need “to address the essential matter of each human being and how they are interacting with, and affected by, a much wider set of biological and technical conditions.”[1] Educators must grapple with the societal issues that come with the intent of ensuring the safety of the public. To (...) some, “these are actually as important as the biological concerns of people.”[2] The current global crisis shows that “scientifically, socially, and politically the economy and technosphere are not just related, they are integral to a comprehensive response to major challenges.”[3] In developing these responses, scientists, government leaders, and policy makers need to consider the vulnerabilities of people, especially those in “thrown away” groups.[4] Jerome Ravetz explains that “microscopic viral predators cull our populations, as ever, but with a selection that is not natural but social and political.”[5] Educators must address the underlying vulnerabilities and evaluate the virus as a threat to academic experiences and access to a fair education. ANALYSIS • Critical Pedagogy By definition, the critical approach to teaching is about the problem-posing method of education developed by Paolo Freire. In his Pedagogy of the Oppressed, he proposed a paradigm shift away from the banking method of learning wherein teachers deposit knowledge into the minds of students. Critical pedagogy is an educational approach that challenges students to develop the ability to recognize and criticize dominating theories and evaluate them in their social context. Teachers press students to recognize oppression and try to remedy oppression in their culture.[6] Despite the lack of in-person interaction between the teacher and the students, the effort to use innovative teaching techniques like critical pedagogy should continue. Online learning is not just about the use of technology, although the internet is crucial in the delivery of content. Since human beings are creators of value, they determine the meaning and purpose of technology. In this way, the set of values people have will influence online learning. Teachers cannot be more concerned about outcomes than about the process itself. The process is crucial since the ability of the student to think critically is developed in the exchange between the student and the teacher. The teacher cannot simply dump loads of information (deposit knowledge) but must pose problems to test the analytical and critical skills of students.[7] Education is about how people humanize the world. Policy makers miss the point when they focus on the delivery but do not pay attention to the substantive aspect of learning, which is human empowerment. Education is meant to expand the freedom of people. Education should be seen as an integrative activity. Learning is a formative process that aims to develop the human person. Without the face-to-face encounter between teacher and students, the challenge is finding ways to make learning an effective means to mold the values of young people. • Online Critical Pedagogy & the Role of Technology Physical distance appears to be an impediment in realizing the ideals of learning. The lack of contact between the teacher and the students may prevent a more meaningful interaction since online instruction is impersonal. It can be argued that there is no alternative to some classroom activities, especially laboratory experiments in science courses. The total classroom environment naturally influences the behavior of students when it comes to academic work: the look in the eyes of the professor, the caring ways of a teacher, or the pressure while taking exams contribute to an experience that only a classroom setting can provide. If implemented properly, technology can facilitate the personal relationships between teachers and students while providing meaningful experiences. With the current need for online learning during the COVID-19 pandemic, gadgets are indispensable. Some would even consider gadgets an extension of the human body. A mobile phone is not just any instrument; it has evolved into a novel way of being in the world. Our gadgets are a means of seeing how the outside world unfolds. Modern technological tools allow the interface of people in many fields of experience in a globalized environment. Computers and other digital devices extend the meaning and value of human freedom. For example, a laptop provided to a poor child can redefine the meaning of and what the future might hold for that child. The device is crucial to the whole learning process. Modern tools are critical to self-discovery and greater freedom. The values that people embrace will matter in the new normal. The internet has provided a new democratic space that empowers groups and individuals to express themselves and to understand the world.[8] In an online class, students and teachers alike need to analyze big picture questions and layers of information. For example, the student in an ethics or philosophy class can reflect on the realities of life. With the proper guidance, online education should help define the meaning of moral commitment and human responsibility. CONCLUSION Before the pandemic, policy makers had been pursuing the goals of a globalized economy. They had been fashioning and promoting programs that cater to the interests of a consumer-driven world that has deprived the poor of opportunity. When the pandemic struck, globalization suddenly came to a halt and people realized the things that truly matter in life – family, love, and life itself. The new normal must now emphasize the role of education as a source of inner strength that can empower the person to live well reinforcing values based on a social consciousness. Critical pedagogy is possible under the new normal. The distance between the teacher and student does not make the educational process less real and in the absence of a vaccine, online learning is the safest strategy. Governments cannot freeze an entire school year since education is the only way out from poverty for millions. The COVID-19 pandemic provides a reason to re-imagine teaching using technology to encourage all students to question systems of oppression or greed, as the persistent pursuit of the truth is what education is all about. [1] Hartsell, Layne, Krabbe, Alexander, & Pastreich, Emmanuel. “Covid-19, Global Justice, and a New Biopolitics of the Anthropocene.” Social Ethics Society Journal of Applied Philosophy 6, no. 2 (2020), 3. [2] Ravetz, Jerome. “Science for a Proper Recovery: Post-Normal, not New Normal.” Issues in Science and Technology [Internet] July 15, 2020. https://issues.org/post-normal-science-for-pandemic-recovery/ [3] Hartsell, et al. “Covid-19, Global Justice, and a New Biopolitics of the Anthropocene,” 6. [4] Ravetz, “Science for a Proper Recovery: Post-Normal, not New Normal.” [5] Ibid. [6] Freire, Paolo. Pedagogy of the Oppressed. (New York: Continuum Books, 1993). [7] Freire writes that in such a situation “instead of communicating, the teacher issues communiqués and makes deposits which the students patiently receive, memorize, and repeat.” See his Pedagogy of the Oppressed. [8] Bakardjieva, Maria. Internet Society. (London: Sage Publications, 2005). (shrink)

This book advances a novel justification for the idea of "public reason": citizens within diverse societies can realize the ideal of shared political autonomy, despite their adherence to different religious and philosophical views, by deciding fundamental political questions with "public reasons." Public reasons draw upon or are derived from ecumenical political ideas, such as toleration and equal citizenship, and mutually acceptable forms of reasoning, like those of the sciences. This book explains that if citizens (...) share equal political autonomy—and thereby constitute "a civic people"—they will not suffer from alienation or domination and can enjoy relations of civic friendship. Moreover, it contends that the ideal of shared political autonomy cannot be realized by alternative accounts of public justification that eschew any necessary role for public reasons. In addition to explaining how the ideal of political autonomy justifies the idea of public reason, this book presents a new analysis of the relation between public reason and "ideal theory": by engaging in "public reasoning," citizens help create a just society that can secure the free compliance of all. It also explores the distinctive policy implications of the ideal of political autonomy for gender equality, families, children, and education. (shrink)

This paper uses the example of the COVID-19 pandemic to analyse the danger associated with insufficient epistemic pluralism in evidence-based public health policy. Drawing on certain elements in Paul Feyerabend’s political philosophy of science, it discusses reasons for implementing more pluralism as well as challenges to be tackled on the way forward.

Responding to the preceding four articles, this piece presents a theologically-informed ‘institutionalist’ perspective on the debate within political liberalism over religion and public reason. Institutionalism calls for greater attention to the normative purpose and structural design of political institutions in order better to frame what political deliberation in a liberal democracy should look like. Eschewing any ‘idealization’ of citizens, and favouring an ‘argumentative’ account of democratic deliberation, it explores what public reasoning should consist in (...) when viewed as an empirical practice occurring within actual political institutions. Five features of my account of institutionalism are outlined, followed by three implications of that account for the religion and public reason debate. (shrink)