This chapter contains sections titled: Contractualist Justification and Private Property Three Models of Welfare Rights The Proposals as Reasonable Alternatives Objections Conclusion References.

Broadly speaking, the principle of public justifiability requires that the exercise of political power be justifiable to each and every person over whom that power is exercised. The idea of being justifiable to every person means being acceptable to any reasonable or otherwise qualified person, without such persons having to give up the comprehensive religious or philosophical doctrine they reasonably espouse. Public justifiability thus involves a partly idealized unanimity requirement, or as I will say, a criterion of multi-perspectival (...) acceptability. The demand for public justifiability can be specified in different ways, depending on what exactly has to be publicly justifiable, who is supposed to apply the principle, who counts as reasonable or otherwise qualified, and so on. One of these dimensions concerns the notion of acceptability. Should we care about acceptability to each reasonable perspective, based on all of the reasons that perspective accepts, or should we care about acceptability to all, based on only those reasons that all reasonable perspectives accept? This choice has been referred to by the distinction between "consensus" and "convergence." Sometimes people agree about practical conclusions but for different reasons, in which case their reasoning can be said to converge from different moral or philosophical starting points. Other times, people agree about their moral or philosophical starting points, but reach different practical conclusions, based on different beliefs about the factual context, different rankings of shared concerns, or different judgments about how to apply these concerns to specific situations. (shrink)

The Public Justification Principle requires that coercive institutions be justified to all who live under them. I argue that this principle often cannot be satisfied without persons depending on the pure informative testimony of others, even under realistically idealized situations. Two main results follow. First, the sense of justification relevant to this principle has a strongly externalist component. Second, normative expectations of trust are essential to public justification. On the view I propose, whether the (...) class='Hi'>Public Justification Principle is satisfied depends on the features of the network of testifiers in which persons are embedded. I consider several such networks to show which features are plausibly relevant. The importance of testimony for public justification ultimately suggests that we should moderate our expectations about the kind of conciliation we can achieve with the social order in which we live. (shrink)

Broadly speaking, the principle of public justifiability requires that the exercise of political power be justifiable to each and every person over whom that power is exercised. The idea of being justifiable to every person means being acceptable to any reasonable or otherwise qualified person , without such persons having to give up the comprehensive religious or philosophical doctrine they reasonably espouse. Public justifiability thus involves a partly idealized unanimity requirement, or as I will say, a criterion of (...) multi-perspectival acceptability. The demand for public justifiability can be specified in different ways, depending on what exactly has to be publicly justifiable, who is supposed to apply the principle, who counts as reasonable or otherwise qualified, and so on. One of these dimensions concerns the notion of acceptability. Should we care about acceptability to each reasonable perspective, based on all of the reasons that perspective accepts, or should we care about acceptability to all, based on only those reasons that all reasonable perspectives accept? This choice has been referred to by the distinction between "consensus" and "convergence." Sometimes people agree about practical conclusions but for different reasons, in which case their reasoning can be said to converge from different moral or philosophical starting points. Other times, people agree about their moral or philosophical starting points, but reach different practical conclusions, based on different beliefs about the factual context, different rankings of shared concerns, or different judgments about how to apply these concerns to specific situations. (shrink)

Explains the concept and conceptions of public justification found in the philosophy and political theory literatures.

A distinctive position in contemporary political philosophy is occupied by those who defend the principle of public justification. This principle states that the moral or political rules that govern our common life must be in some sense justifiable to all reasonable citizens. In this article, I evaluate Gerald Gaus’s defence of this principle, which holds that it is presupposed by our moral reactive attitudes of resentment and indignation. He argues, echoing P.F. Strawson in ‘Freedom and Resentment’, that these (...) attitudes are so deep a part of us that we are unable to rationally reject them. I examine and reject this defence of the principle. Considering the nature of our commitment to the moral reactive attitudes, I argue that those attitudes need not be grounded in a commitment to public justification. The availability of alternative grounds for these attitudes shows, contra Gaus, that we can rationally reject the principle of public justification while maintaining a wholehearted commitment to the reactive attitudes. (shrink)

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

The paper challenges the view that public justification sits well with emancipatory and egalitarian intuitions. I distinguish between the depth, scope and the purchase of the discursive standing that such justification allocates, and situate within this matrix Rawls’s view of public justification. A standard objection to this view is that public justification should be more inclusive in scope. This is both plausible and problematic in emancipatory and egalitarian terms. If inclusive public (...) class='Hi'>justification allocates discursive standing that is rich in purchase, as seems desirable in emancipatory terms, it may be unable to allocate equal standing to all relevant people. And if it is to allocate equal standing, then the equality of that standing should be construed in terms that allow for unequal discursive purchase. (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)

A wide range of non-pharmaceutical interventions (NPIs) have been introduced to stop or slow down the COVID-19 pandemic. Examples include school closures, environmental cleaning and disinfection, mask mandates, restrictions on freedom of assembly and lockdowns. These NPIs depend on coercion for their effectiveness, either directly or indirectly. A widely held view is that coercive policies need to be publicly justified—justified to each citizen—to be legitimate. Standardly, this is thought to entail that there is a scientific consensus on the factual propositions (...) that are used to support the policies. In this paper, we argue that such a consensus has been lacking on the factual propositions justifying most NPIs. Consequently, they would on the standard view be illegitimate. This is regrettable since there are good reasons for granting the state the legitimate authority to enact NPIs under conditions of uncertainty. The upshot of our argument is that it is impossible to have both the standard interpretation of the permissibility of empirical claims in public justification and an effective pandemic response. We provide an alternative view that allows the state sufficient room for action while precluding the possibility of it acting without empirical support. (shrink)

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)

One objection to the principle of public reason is that since there is room for reasonable disagreement about distributive justice as well as about human flourishing, the requirement of reasonable acceptability rules out redistribution as well as perfectionism. In response, some justificatory liberals have invoked the argument from higher-order unanimity, or nested inclusiveness. If it is not reasonable to reject having some system of property rights, and if redistribution is just the enforcement of a different set of property rights, (...) redistribution is legitimate if chosen democratically. This article explores two problems with this response. First, there are different ways to describe the set of possible policies, and so different ways to specify the noncoercive default that obtains in the absence of conclusive justification. Second, if the coercive exercise of political power must be conclusively justified, policies that are more coercive ought to require conclusive justification as against policies that are less coercive. These problems about the baseline with respect to which we require public justification raise the question of how we measure coercion, and whether or in what sense there is a presumption against coercion. The article distinguishes and argues against three such presumptions. (shrink)

In Rawls’s political liberalism, legitimate exercises of political power must be publicly justifiable to reasonable citizens on grounds each can coherently accept, where citizens count as “reasonable” only if they can accept certain values of public culture. Other citizens have no say in public justification, or no equal say. For Rawls, then, legitimate political power must accord with a subset of cultural values, and can be legitimate even if it is not (equally) justifiable to people who cannot (...) accept them. Does this mean that Rawls permits that such people be dominated? What kind of domination, if any, would this involve, and would it involve “cultural” domination? This chapter takes its lead from these questions. It offers a reading of the role of public justification in political liberalism that foregrounds differences in the discursive standing of reasonable and unreasonable people, and interpret these differences in domination-theoretic terms. I suggest that there is reason to believe that Rawls’s view would subject the unreasonable–a mixed group that also includes respectable people–to forms of discursive and political domination, and this in a manner that attracts the worry that cultural domination is involved. (shrink)

This contribution introduces key concepts and themes from Kevin Vallier’s Trust in a Polarized Age that play a role in the discussion by the four commentators Diana Mutz, Pierre-Guillaume Méon, Chandran Kukathas, and Paul Weithman. The discussion explains how Vallier uses the rich empirical literature on social trust to illuminate normative notions of legitimacy and public justification in liberal orders.

Kevin Vallier has recently argued that the ideals of public justification and public deliberation should be separated. The link between the two, Vallier suggests, has been assumed without being properly defended. Once examined, the connection falls apart. In this paper, I argue that there is, in fact, a clear and convincing story available for why the two ideals should be treated as mutually reinforcing. Drawing on recent empirical evidence, I argue that the deliberative behaviour of citizens can (...) have a clear and positive impact on the behaviour and policy choices of public officials. (shrink)

Democratic institutions are appealing means of making publicly justified social choices. By allowing participation by all citizens, democracy can accommodate diversity among citizens, and by considering the perspectives of all, via ballots or debate, democratic results can approximate what the balance of reasons favors. I consider whether, and under what conditions, democratic institutions might reliably make publicly justified social decisions. I argue that conventional accounts of democracy, constituted by voting or deliberation, are unlikely to be effective public justification (...) mechanisms. I conclude that the limitations of conventional mechanisms can be ameliorated through the use of lotteries instead of elections. (shrink)

Public justification in political liberalism is often conceptualized in light of Rawls’s view of its role in a hypothetical well-ordered society as an ideal or idealizing form of justification that applies a putatively reasonable conception of political justice to political matters. But Rawls implicates a different idea of public justification in his doctrine of general reflective equilibrium. The paper engages this second, more fundamental idea. Public justification in this second sense is actualist and (...) fundamental. It is actualist in that it fully enfranchises actual reasonable citizens. It is fundamental in that political liberalism qualifies conceptions of political justice as reasonable to begin with only if they can be accepted coherently by actual reasonable citizens. Together, these features invite the long-standing concern that actualist political liberalism is objectionably exclusionary. I argue that the exclusion objection, while plausible, is more problematic in own right than it seems if actualist and fundamental public justification hypotheticalizes and discursive respect is compatible with substantive discursive inequality. This leaves proponents and critics of political liberalism with deeper questions about the nature of permissible discursive inequality in public justification. (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)

According to recently influential conceptions of public reasoning, citizens have the right to demand of each other ‘public justifications’ for controversial political action. On this view, only arguments that all reasonable citizens can affirm from within their diverse ethical standpoints can count as legitimate justifications for political action. Both proponents and critics often assume that the case for this expectation derives from the special justificatory burden created by the systematically coercive character of political action. This paper challenges that (...) assumption. While conceding that citizens who propose to deploy the coercive apparatus of the state to enforce controversial legislation owe their fellows a justification that overcomes the strong presumption against coercing agents, it denies that this consideration can explain why public justifications are also required. Having argued that the public justification requirement is not among the justification conditions for public coercion, the paper then proposes an alternative rationale for the expectation that political action be publicly justified. On this alternative, the case for the public justification requirement depends on democratic citizens’ standing as legislative co-authors, and not on considerations having to do with their liability as private individuals to coercion at the hands of the state. (shrink)

This paper proposes a novel method for identifying the public evaluative standards that contribute to the classification of certain conditions as mental disabilities. Public evaluative standards could contribute to ascertaining disabilities by outlining characteristics whose presence beyond a threshold is fundamentally important for the life of a person and whose absence or reduced occurrence constitutes a disability. Additionally, they can participate in determining disabilities by delineating particularly grave difficulties, impairments, or incapacities. Our method relies on a model of (...) public justification of evaluative standards that is inspired by Gerald Gaus’s theory of public reason. Thus, our approach recommends the justification of evaluative standards through sound deliberative routes from reasons accessible to all persons who participate in the process of justification and the convergence of what is justified in this way to each of them. We deem that disabilities could be caused both by problems in the internal characteristics of a person as well as by unfairness or a lack of hospitality in external circumstances. This is why the method of justification is applied to the assessment of those circumstances as well. If social or environmental circumstances cannot be justified through the convergence of reasons accessible to all persons involved in the process of justification, we have reasons to exclude the presence of a disability and ascertain the presence of inadequate external conditions. (shrink)

According to recently influential conceptions of public reasoning, citizens have the right to demand of each other ‘public justifications’ for controversial political action. On this view, only arguments that all reasonable citizens can affirm from within their diverse ethical standpoints can count as legitimate justifications for political action. Both proponents and critics often assume that the case for this expectation derives from the special justificatory burden created by the systematically coercive character of political action. This paper challenges that (...) assumption. While conceding that citizens who propose to deploy the coercive apparatus of the state to enforce controversial legislation owe their fellows a justification that overcomes the strong presumption against coercing agents, it denies that this consideration can explain why public justifications are also required. Having argued that the public justification requirement is not among the justification conditions for public coercion, the paper then proposes an alternative rationale for the expectation that political action be publicly justified. On this alternative, the case for the public justification requirement depends on democratic citizens’ standing as legislative co-authors, and not on considerations having to do with their liability as private individuals to coercion at the hands of the state. (shrink)

Social norms regulating carework and social reproduction tend to be inegalitarian. At the same time, such norms often play a crucial role when we plan our lives. How can we criticise objectionable practices while ensuring that people can organise their lives around meaningful and predictable rules? Gerald Gaus argues that only ‘publicly justified’ rules, rules that everyone would prefer over ‘blameless liberty,’ should be followed. In this paper, we uncover the inegalitarian implications of this feature of Gaus's framework. We show (...) that because a society without clear social norms for how social reproduction and care work ought to be organised would be so unattractive, inegalitarian rules would pass Gaus's test. They would pass this test since they would nevertheless be better than ‘blameless liberty.’ Those who are disproportionately burdened by a rule are faced with the daunting task of showing that they would be better off under no rule, instead of merely having to show that they would be better off with a different rule. (shrink)

This book explores the morality of compromising. The author argues that peace and public justification are values that provide moral reasons to make compromises in politics, including compromises that establish unjust laws or institutions. He explains how it is possible to have moral reasons to agree to moral compromises and he debates our moral duties and obligations in making such compromises. The book also contains discussions of the sources of the value of public justification, the relation (...) between peace and justice, the nature of modus vivendi arrangements and the connections between compromise, liberal institutions and legitimacy. In exploring the morality of compromising, the book thus provides some outlines for a map of political morality beyond justice. (shrink)

:The ideal of public justification holds, at a minimum, that the most fundamental political and legal institutions of a society must be publicly justified to each of its members. This essay proposes and defends a new account of this ideal. The account defended construes public justification as an ideal of rational justification, one that is grounded in the moral requirement to respect the rational agency of persons. The essay distinguishes two kinds of justifying reasons that (...) bear on politics and shows how they inform the ideal of public justification. It also decouples public justification from contractualist political morality. The result is a novel account of public justification that departs markedly from how the ideal is commonly characterized, but shows how it retains its distinctiveness as an ideal of politics. View HTML Send article to KindleTo send this article to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about sending to your Kindle. Find out more about sending to your Kindle. Note you can select to send to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be sent to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply. Find out more about the Kindle Personal Document Service.THE PURE THEORY OF PUBLIC JUSTIFICATIONVolume 32, Issue 2Steven Wall DOI: https://doi.org/10.1017/S0265052516000170Your Kindle email address Please provide your Kindle [email protected]@kindle.com Available formats PDF Please select a format to send. By using this service, you agree that you will only keep articles for personal use, and will not openly distribute them via Dropbox, Google Drive or other file sharing services. Please confirm that you accept the terms of use. Cancel Send ×Send article to Dropbox To send this article to your Dropbox account, please select one or more formats and confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about sending content to Dropbox. THE PURE THEORY OF PUBLIC JUSTIFICATIONVolume 32, Issue 2Steven Wall DOI: https://doi.org/10.1017/S0265052516000170Available formats PDF Please select a format to send. By using this service, you agree that you will only keep articles for personal use, and will not openly distribute them via Dropbox, Google Drive or other file sharing services. Please confirm that you accept the terms of use. Cancel Send ×Send article to Google Drive To send this article to your Google Drive account, please select one or more formats and confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about sending content to Google Drive. THE PURE THEORY OF PUBLIC JUSTIFICATIONVolume 32, Issue 2Steven Wall DOI: https://doi.org/10.1017/S0265052516000170Available formats PDF Please select a format to send. By using this service, you agree that you will only keep articles for personal use, and will not openly distribute them via Dropbox, Google Drive or other file sharing services. Please confirm that you accept the terms of use. Cancel Send ×Export citation Request permission. (shrink)

The right to private property is among the most fundamental in liberal theory. For many liberals the idea of the state is grounded in its role as a protector of private property. If the liberal state is justified by its ability to protect property, the modern welfare state is often justified by its ability to meet needs. According to a view commonly referred to as “welfarism,” the very fact that needs exist implies there is a moral obligation to meet them. (...) In this Article I appeal to Rawlsian contractualist justification, including the “criterion of reciprocity,” in developing a third manner of thinking about the relationship between property and welfare. I argue that welfare rights are necessary conditions for justifying a role for the state in enforcing the “right to exclude,” a fundamental element of private ownership. My Article thus aims to use Rawls’ account of justification, outlined in his later works, to theorize the notion of property-owning democracy from Theory of Justice. (shrink)

Often, when several norms are present and may be in conflict, individuals will display a self-serving bias, privileging the norm that best serves their interests. Xiao and Bicchieri (J Econ Psychol 31(3):456–470, 2010) tested the effects of inequality on reciprocating behavior in trust games and showed that—when inequality increases—reciprocity loses its appeal. They hypothesized that self-serving biases in choosing to privilege a particular social norm occur when the choice of that norm is publicly justifiable as reasonable, even if not optimal (...) for one of the parties. In line with the literature on motivated reasoning, this justification should find some degree of support among third parties. The results of our experimental survey of third parties support the hypothesis that biases are not always unilateral selfish assessments. Instead, they occur when the choice to favor a particular norm is supported by a shared sense that it is a reasonable and justifiable choice. (shrink)

In their book Healthy Eating Policy and Political Philosophy: A Public Reason Approach, Matteo Bonotti and Anne Barnhill defend a conception of public reason centred on the notion of accessibility and advance an ethical toolkit public health policy makers can use to ensure they are reasoning publicly when designing healthy eating policies. Finally, they propose to institutionalise the process of public reasoning informed by their ethics framework by designing certain procedures of consultation and deliberation. This article (...) focuses on their institutionalisation and raises some doubts and concerns by arguing that the procedures designed by Bonotti and Barnhill may be counterproductive to some of their aims, in particular with respect to citizens’ control, epistemic injustice, and the conception of citizens as free and equal. (shrink)

(Please note: the main ideas of this paper are restated in revised/developed form in: "On actualist and fundamental public justification in political liberalism" and "Patterns of justification: on political liberalism and the primacy of public justification". Both papers are available from philpapers.) The paper suggests the deep view of Rawls-type public justification as promising, non-ideal theory variant of an internal conception of political liberalism. To this end, I demonstrate how the deep view integrates (...) a range of ideas, views and commitments at the core of political liberalism’s justification structure, including pro tanto justification, full justification, political values and their priority, justificatory neutrality, the role of reasonable comprehensive views, the nature public reasons, the wide view of public political culture, the role of overlapping consensus and political legitimacy, and not least, the status of reflective equilibrium and the Original Position. I then contrast the deep view with Quong’s ideal theory variant if the internal conception, and argue that we should prefer the deep view. Thus, the prospects of political liberalism depend not so much on whether we find ways to make ideal theory relevant for non-ideal purposes. Rather, it depends on whether political liberalism can devise a credible response to the problem of public dogma. (shrink)

Two important objections have been raised against exclusivist public reason. First, it has been argued that EPR entails an unjust burden for citizens who want to appeal to non-public reasons, especially religious reasons. Second, it has been argued that EPR is based on a problematic conception of religious reasons and that it ignores the fact that religious reasons can be public as well. I defend EPR against both objections. I show that the first objection conflates two ideas (...) of public justification and that the second objection conflates two ways to understand and identify religious reasons. Ultimately, it turns out that those who defend such objections actually share the concerns that justified EPR in the first place. In other words, if we are clear about the idea of public justification and the kind of religious reasons that EPR is really about, it appears that justificatory liberals are in fact all exclusivists. (shrink)

The publicity of a moral conception is a central idea in Kantian and contractarian moral theory. Publicity carries the idea of general acceptability of principles through to social relations. Without publicity of its moral principles, the intuitive attractiveness of the contractarian ideal seems diminished. For it means that moral principles cannot serve as principles of practical reasoning and justification among free and equal persons. This article discusses the role of the publicity assumption in Rawls’s and Scanlon’s contractualism. I contend (...) that a regard for publicity and a moral conception’s potential to provide a public basis for justification and agreement account for much of the evolution of Rawls’s account of justice after A Theory of Justice . I also discuss whether contractualism can provide a basis for justification and general agreement under the social conditions that it endorses. I contend that it cannot, and conclude with a discussion showing why this should not be a problem for contractualism. Despite appearances, contractualism is a distinctive form of contractarianism, substantially different from Rawls’s position and the social contract tradition out of which it evolved. Key Words: contractarianism • contractualism • John Rawls • public justification • T.M. Scanlon • justice. (shrink)

The article examines Rawlss Law of Peoples as an attemptto extend the conception of public justification originallydeveloped in Political Liberalism to the internationaldomain. After briefly sketching the main elements of Rawlssconception of public justification, the article examineshow this is developed in Law of Peoples, pointingout the main differences with the domestic case. The articlethen tries to show that Rawlss justificatory strategy containsa number of inconsistencies which undermine the persuasivenessof the conception of international justice he advocates. Thisin (...) turn can be traced back to the failure fully to addressthe constituency problem facing theories ofpublic justification. (shrink)

This book argues that we can find the resources to build a public perspective if we make two commitments: to respect people as autonomous agents and to endorse a shared ethics of beliefs.

Ethics committees like Institutional Review Boards and Research Ethics Committees are typically empowered to approve or reject proposed studies, typically conditional on certain conditions or revisions being met. While some have argued this power should be primarily a function of applying clear, codified requirements, most institutions and legal regimes allow discretion for IRBs to ethically evaluate studies, such as to ensure a favourable risk-benefit ratio, fair subject selection, adequate informed consent, and so forth. As a result, ethics committees typically make (...) moral demands on researchers: require them to act in a way the committee considers ethically right or appropriate. This paper argues that moral demands are legitimate only if publicly justifiable; and as a result, committee decisions are subject to a public justification requirement. Ethics committees can permissibly request for more information, changes to the research protocol or that the research is delayed or even stopped only if these demands are publicly justifiable. This latter claim is in turn justified on the basis that moral demands to φ are permissible only if we are in a position to know that the addressee ought to φ and that we are in a position to know a proposition only if it is publicly justifiable. This argument suggests that ethics committees must consciously and explicitly appeal to public reasons in their decision-making. In cases where public reasons cannot be offered, committees would not be permitted to reject a given study or make approval conditional on an amendment. (shrink)

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)

Since the human genome was decoded, great emphasis has been placed on the unique, personal nature of the genome, along with the benefits that personalized medicine can bring to individuals and the importance of safeguarding genetic privacy. As a result, an equally important aspect of the human genome – its common nature – has been underappreciated and underrepresented in the ethics literature and policy dialogue surrounding genetics and genomics. This article will argue that, just as the personal nature of the (...) genome has been used to reinforce individual rights and justify important privacy protections, so too the common nature of the genome can be employed to support protections of the genome at a population level and policies designed to promote the public's wellbeing. In order for public health officials to have the authority to develop genetics policies for the sake of the public good, the genome must have not only a common, but also a public, dimension. This article contends that DNA carries a public dimension through the use of two conceptual frameworks: the common heritage framework and the common resource framework. Both frameworks establish a public interest in the human genome, but the CH framework can be used to justify policies aimed at preserving and protecting the genome, while the CR framework can be employed to justify policies for utilizing the genome for the public benefit. A variety of possible policy implications are discussed, with special attention paid to the use of large-scale genomics databases for public health research. (shrink)

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

According to the Public Justification Principle, legitimate laws must be justifiable to all reasonable citizens. Proponents of this principle assume that its satisfaction requires speakers to offer justifications that are representable as arguments that feature premises which reasonable listeners would accept. I develop the concept of dark knowledge to show that this assumption is false. Laws are often justified on the basis of premises that many reasonable listeners know, even though they would reject these premises on the basis (...) of the further considerations that speakers implicitly rely on for their support. Accommodating the fact of dark knowledge requires us to consider the civic virtue of speakers to be more important for public justification than the acceptability of their arguments to reasonable citizens. I sketch an alternative conception of public justification that incorporates these results and argue that it provides a rationale for ignoring the otherwise sound contributions of some participants in political deliberation. (shrink)

This piece defends the asymmetric convergence approach to public justification against James Boettcher's recent critique.

Political liberals assume an accessibility requirement, which means that, for ensuring civic respect and non-manipulation, public officials should offer accessible reasons during political advocacy. Recently, critics have offered two arguments to show that the accessibility requirement is unnecessary. The first is the pluralism argument: Given the pluralism in evaluative standards, when officials offer non-accessible reasons, they are not disrespectful because they may merely try to reveal their strongest reason. The second is the honesty argument: As long as officials honestly (...) confess their beliefs after offering non-accessible reasons, disrespect and non-manipulation do not occur. This paper defends the accessibility requirement and asserts that these two arguments overlook a unique feature of the political domain. While all citizens collectively own political power as a corporate body, an official does not privately own her political power. Instead, she is a trustee who has a duty to act on behalf of the corporate body, that is, she has to make decisions on grounds that are accessible to others. This duty explains why, despite pluralism, the accessibility requirement is necessary. Moreover, given that political decisions are profoundly influential to each person, requiring people to be honest is ineffective in discouraging disrespectful and manipulative acts. (shrink)