This chapter brings overlapping consensus and its relation to constitutional consensus together, center stage. Since constitutional consensus on its own goes a considerable distance toward providing political stability, the chapter explains how overlapping consensus goes beyond constitutional consensus. What overlapping consensus supplies, which freestanding justification and constitutional consensus can't, is a distinctive set of comprehensive moral and religious reasons endorsing and thereby justifying, each for its own reasons, the liberal order. (...) The chapter takes up the difficult question whether traditional utilitarianism could figure in an overlapping consensus that assigns priority to the “rights, liberties, and opportunities” characteristic of liberalism over the “claims of the general good.” It attempts to provide an argument for saying that a well‐known version of utilitarianism (called indirect utilitarianism) could in fact be part of an overlapping consensus so conceived. (shrink)

Since the beginning of the late modern era, modern constitutions have been trying to keep both group rights as minority rights and individual rights. But, in some cases, it is still ambiguous if an action or a phenomenon must refer to individual rights or group rights. Abortion discussions, with regard to political rights, are one example of these ambiguous cases. In this context, whereas Liberal view tends to regard abortion as individual rights of a woman, Communitarian view can be against (...) it by pointing out the right to life and this case may lead to a kind of liberal constitutional crises. This article gains importance as such constitutional crises still emerge even nowadays. John Rawls’s theory of overlapping consensus in Political Liberalism tries to solve these political conflicts that emerged in liberal constitutions by prioritizing public reason. This article conceptionally aims to examine Rawls’s theory in terms of prioritization and value relativity in abortion discussions. The method of article is hermeneutics. In order to extend the universe of the discussion, some important thinkers such as Immanuel Kant, Isaiah Berlin and John Gray, who have related studies on the topic, were included. In conclusion, it is asserted that Rawl’s theory is weak both practically and theoretically as to the principle of utilitarianism violates the rights of communitarians. (shrink)

In this paper, I examine the claim that Rawls’s overlapping consensus is too narrow to allow most mainstream religions’ participation in political discourse. I do so by asking whether religious exclusion is a consequence of belief or action, using conversion as a paradigm case. After concluding that this objection to Rawls is, in fact, defensible, and that the overlapping consensus excludes both religious belief and action, I examine an alternative approach to managing religious pluralism as presented (...) by Adam Smith. I show that Smith’s so-called “marketplace of religions” assumes and encourages religious conversion. I then offer objections to Smith’s approach from Rawls’s point of view, concluding that, while Rawls cannot adequately respond to the Smithian challenge, in the end the two positions are complimentary. (shrink)

Rawls’ idea of overlapping consensus is crucial for the public justification of a political conception of justice in modern democratic societies. While overlapping consensus is mostly understood empirically, in the first part of this article we argue that a normative interpretation is more appropriate. Moreover, we try to show that Baccarini’s proposal of qualified consensus, in contrast to an assumed empirical reading, actually exploits the potentials of a normative reading. In the second part, we concern (...) ourselves with the epistemological implications of a normative understanding of overlapping consensus or, more precisely, with the issue of epistemic deontologism. If we claim that consensus should be understood as agreement about not already existing beliefs and reasons, but about beliefs and reasons that citizens should acquire, it can be argued that this implies a thesis about voluntary control over beliefs. We try to show that a normative reading can be compatible with strategies based both on doxastic voluntarism and doxastic involuntarism. (shrink)

“Justice as fairness” understood as a political conception of justice is, according to Rawls, objective. It is claimed to be objective by being autonomous from any of the conflicting reasonable comprehensive doctrines held by the citizens, and by, at the same time, being consistent with all such doctrines. There is the need to look for an object of such overlapping consensus because, according to Rawls, reasonable disagreement is inevitable in modern democratic society. And the permanence of reasonable disagreement (...) itself is caused by what Rawls describes as the burdens of judgement.In this article, I demonstrate, against the background of Rawls’ burdens of judgement, how it could be argued that reasonable agreement is impossible. In this respect, I explore what I consider to be the resources available to Rawls to show how his point could be made. But I subsequently argue that his position in this respect can be coherent only against a background of an epistemic conception which is defective, and which goes beyond the political idea of freedom and equality which Rawls claims to be the basis of Justice as fairness. It is my contention that Rawls’ suggestion of how to handle so-called reasonable disagreement is itself no more than a contentious viewpoint which silences other contending reasonable views. (shrink)

“Justice as fairness” understood as a political conception of justice is, according to Rawls, objective. It is claimed to be objective by being autonomous from any of the conflicting reasonable comprehensive doctrines held by the citizens, and by, at the same time, being consistent with all such doctrines. There is the need to look for an object of such overlapping consensus because, according to Rawls, reasonable disagreement is inevitable in modern democratic society. And the permanence of reasonable disagreement (...) itself is caused by what Rawls describes as the burdens of judgement.In this article, I demonstrate, against the background of Rawls’ burdens of judgement, how it could be argued that reasonable agreement is impossible. In this respect, I explore what I consider to be the resources available to Rawls to show how his point could be made. But I subsequently argue that his position in this respect can be coherent only against a background of an epistemic conception which is defective, and which goes beyond the political idea of freedom and equality which Rawls claims to be the basis of Justice as fairness. It is my contention that Rawls’ suggestion of how to handle so-called reasonable disagreement is itself no more than a contentious viewpoint which silences other contending reasonable views. (shrink)

Many people show great interest in the idea of “overlapping consensus” proposed by John Rawls. On the basis of a careful reading of different understandings of this idea, or the “overlapping consensus” on the idea of “overlapping consensus,” we can say that there are three levels of “overlapping consensus.” At the first level, people with different positions treat each other in the same reasonable attitude. At the second level, people holding different values (...) support the same norms on the basis of their respective values or by taking each other’s perspectives in the moral discourse. At the third level, people who currently hold different “moral sources” of the shared norms are never-the-less ready to be engaged in a common learning process that aims for a “fusion of horizons” in the future. Overlapping consensuses at all these levels should not only be discussed in political philosophy, or discovered in political culture, but also constructed in political practice. (shrink)

John Rawls and Simone Weil presented two distinct conceptions of political justice, aimed at articulating a common ethos in an inherently heterogeneous society. The terms of the former, chiefly concerned with the distribution of primary goods, underwrite much of today's Western democracies political liberalism. The terms of the latter, chiefly concerned with the way interaction is organised in social activities in view of the body and soul's balancing pairs of needs, are less well known. We explain the sense in which (...) the overlapping consensus in Weil's notion of political justice is “thicker”, and may thus deserve more attention – alongside that of Rawls – for substantiating a democratic ethos within political liberalism. (shrink)

The fact of reasonable pluralism in liberal democracies threatens the stability of such societies. John Rawls proposed a solution to this problem: The different comprehensive moral doctrines endorsed by the citizens overlap on a shared political conception of justice, e.g. his justice as fairness. Optimally, accepting the political conception is for each citizen individually justified by the method of wide reflective equilibrium. If this holds, society is in full reflective equilibrium. Rawls does not in detail investigate the conditions under which (...) a full reflective equilibrium is possible or likely. This paper outlines a new strategy for addressing this open question by using the formal model of reflective equilibrium recently developed by Beisbart et al. First, it is argued that a bounded rationality perspective is appropriate which requires certain changes in the model. Second, the paper rephrases the open question about Rawlsian full reflective equilibrium in terms of the model. The question is narrowed down by focusing on the inferential connections between comprehensive doctrines and political conception. Rawls himself makes a demanding assumption about which connections are necessary for a full reflective equilibrium. Third, the paper presents a simulation study design that is focused on simplicity. The results are discussed, they fit with Rawls’s assumption. However, because of the strong idealisations, they provide a useful benchmark rather than a final answer. The paper presents suggestions for more elaborate study designs. (shrink)

The idea of public reason involves a standard of legitimacy that requires that laws and institutions be acceptable to all reasonable people, regardless of their conceptions of the good. Many philosophers have argued that public reason should be understood as an answer to the question of how to justify state coercion. However, some authors have criticized this traditional account because it overlooks noncoercive state actions that seem appropriate topics of public reason. More recently, some philosophers have defended the traditional account (...) against that objection. In this paper, I argue that these approaches cannot effectively deal with that objection and offer a different version of the traditional account that can do so. This version rests on the ideas of overlapping consensus and stability. According to this version, the point of public reason is preserving an overlapping consensus on a coercive system of laws and institutions and achieving a stable society. (shrink)

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

Contemporary religious and scientific perspectives make various metaphysical truth claims that are frequently perceived to be either competitive or contradictory. Two dominant approaches that have been employed to explain and to resolve such conflicts are those of convergence, where one view trumps over and assimilates the other, and incommensurability, where the views in question come to be regarded as actually non-competitive. Drawing on recent models of inter-religious dialogue, in his essay, ‘The Fruits of Contradiction: Evolution, Cooperation and Ethics in an (...) Inter-Religious Context’, Daniel Weiss proposes by way of analogy a third approach, that of critical yet constructive interaction between religious and secular ethical perspectives where metaphysically contradictory commitments remain held in unresolved tension. In this essay, I engage Weiss’s proposal and raise questions about the analogy that he develops. Drawing on the political theory of Rawlsian liberalism, I propose a fourth conceptuality—that of overlapping consensus—which I argue bears important similarities to the model that Weiss advocates. (shrink)

In this paper I argue that Rawlsians have largely misunderstood the idea of an overlapping consensus of reasonable comprehensive doctrines, thereby failing to delineate in an appropriate way the place of comprehensive doctrines in political liberalism. My argument rests on two core claims. The first claim is that (i) political liberalism is committed to three theses about the overlapping consensus. The first thesis concerns the subject of the overlapping consensus; the second thesis concerns the (...) function of the overlapping consensus; the third thesis explains how the overlapping consensus can serve its function in accordance with political liberalism’s commitment to epistemic neutrality. The second claim on which my argument relies is empirical: (ii) Rawlsians typically deny at least one of the three theses to which political liberalism is committed. Based on (i) and (ii), I conclude that Rawlsians have hitherto provided unconvincing accounts of the place of comprehensive doctrines in political liberalism. (shrink)

No less an authority than John Rawls identified Judith Shklar as a ‘political’ liberal. However, though their respective conceptions of political liberalism are similar in a number of important respects, Shklar emphasizes that her vision differs notably from that of Rawls. In particular, she explicitly eschews Rawls’s focus on establishing and sustaining an overlapping consensus, arguing that his belief in the possibility of securing such a consensus is naïve and, indeed, dangerous insofar as it embodies an obvious (...) disregard for the painful lessons of history and thereby not only allows but invites the occurrence of new cruelties and horrors. Obviously, such an approach would seem to diverge dramatically from that promoted by Rawls and many other political liberals. The purpose of this essay is to analyze Shklar’s arguments and determine the validity of her claims regarding the differences between her conception and that of Rawls and, in so doing, assess the extent to which Shklar’s ‘liberalism of fear’ can be said to represent a meaningfully distinctive model of political liberalism. (shrink)

In his Liberalism without Perfection, Jonathan Quong argues for internal conception of political liberalism which goal is to show that a liberal well-ordered society is internally coherent ideal and that citizens who would be raised in such society could endorse and support their own liberal institutions and principles if those institutions and principles are justified in particular way These institutions should be justified by particular conception of public reason which main feature is that overlapping consensus is the first (...) stage of its justificatory structure. So, public reasoning of citizens in well-ordered society should be based solely on values and ideas inherent to liberal conception of justice - freedom, equality, fair system of cooperation and burdens of judgment. Another important feature of Quong?s conception of public reason concerns its scope. Quong argues for a wide scope of public reason which demands that all coercive or binding laws or public policies should be justified on basis of these values alone. Thus, reasonable citizens in well-ordered society by definition accord deliberative priority to public reasons over their other comprehensive or nonpublic beliefs whenever they exercise their collective political power over one another. The problem I raise in this paper is that it is very likely that in well-ordered society there will be a group of citizens that will not accord full deliberative priority to political values, especially not at all levels of political deliberation. On certain issues they will like to see their particular values being realized through common political institutions. If our political theory excludes this group from justificatory constituency on this particular issue or categorize them as unreasonable it can easily undermine their general adherence to liberal conception of justice and endanger stability of well-ordered society. Thus, my point is that we need a further development of political liberalism to solve such problems not as a part of non-ideal theory but as a part of its ideal of well-ordered society. nema. (shrink)

This paper focuses on recent debates over the nature ofliberalism and its central feature of reason, both inside and outside ofeducational philosophy. Central ideas from Jonathan and Hirst contributeas do those from Rawls, Gadamer, Wittgenstein, Taylor, and Ackermantoward a less traditional contextualized and contingent view.

RESUMENEste trabajo busca establecer cuál es el remanente idealista de la razón pública que pervive en el intento infructuoso de superar el idealismo absoluto limitando la razón que debe encargarse de construir el consenso no-excluyente por superposición. Como alternativa se propone pensar un nuevo tipo de consenso, eventual e inestable, que exija- y aquí estaría latente el otro idealismo no absoluto del de Leonberg- una comunicación constante basada en el diálogo inagotable del que nazcan normas concretas de conducta consensuadas pero (...) eventuales.PALABRAS CLAVESCONSENSUS EVENTUEL, KOMMUNIKATIVE VERNUNFT, RECEVABILITE, PUBLIC REASON.ABSTRACTThis paper want to establish the idealist remains of public reason, showing that absolute idealism can not be overcome by limiting the reason, that must build the nonexclusionary consensus by overlapping, but instead proposing like aim a new type of consensus, eventual and unstable, which would require, and here would be latent the other non-absolute idealism of Leonberg, a constant communication based on infinite dialogue that giving cause for specific rules of conduct, agreed but reviewable.KEY WORDSCONSENSUS EVENTUEL, KOMMUNIKATIVE VERNUNFT, RECEVABILITE, PUBLIC REASON. (shrink)

For more than a decade now a profound rule-of-law crisis has gripped the European Union, and while the fight for the rule of law has topped not only the academic but also the judicial and political agenda, the results have been disappointingly meagre. This article argues that the main reason for that should be sought in a political strategic move of justifying the assaults on the rule of law by resorting to an “illiberal democracy.” This premeditated political narrative shift has (...) unleashed onto the political sphere and onto public discourse at large comprehensive doctrines which had hitherto been left dormant thanks to an overlapping consensus on the rule of law as a central building block of the political conception of justice à la Rawls. Once this overlapping consensus was broken, the rule of law itself lost its neutral character as a referee on the right among the many conceptions of the good, itself becoming part of the highly politicized power play for dominance among irreconcilable—liberal and illiberal—comprehensive doctrines. The overlapping consensus in the EU is thus broken, but there are no conceptual reasons inherent to the rule of law itself for which it could not be rebuilt in the future. (shrink)

At first glance, it may seem that climate policy based on estimates of the social cost of carbon (SCC) presupposes a set of controversial assumptions, especially about what detailed knowledge regulators have about the impacts of climate change, and what the proper role of government and policy is in responding to those impacts. However, I explain why the SCC-based approach need not actually have these problematic presuppositions as well as why SCC estimates may provide the best guide to climate policy (...) when implemented in a way that incorporates a healthy dose of humility. The SCC-based approach can be used in a way that is ecumenical between the wide range of reasonable but incompatible views about the proper goals of government and policy, ranging from views that aim only at market-efficiency, to utilitarian views, to rights-based and other deontological views, to libertarian views, to virtue ethics views, and others. Beyond this, I suggest that the SCC-based approach can help us find an overlapping consensus on a particular climate policy given the range of reasonable but incompatible normative views endorsed in diverse societies. Finally, I consider a number of specific objections to the SCC-based approach that are especially prominent in contemporary discourse and policy debates. I suggest that even if we agree that all of these objections to existing SCC-based analyses have an important kernel of truth, nonetheless the correct response to climate change still involves substantial emissions reductions to be achieved via policy, and the best methods for deciding the magnitude of those reductions still depend essentially on the SCC-based approach. (shrink)

The main objective of Rawls’ Political Liberalism was to explain how a workable theory of justice can be established and sustained within a society that is marked by reasonable pluralism. In order to meet this end, Rawls introduces the following three concepts: political conception of justice, public reason, andoverlapping consensus. By relying on these three concepts, Rawls presents his two principles of justice as a two stage process. In the first stage, the two principles of justice are presented as (...) a freestanding political conception justified solely by public reason. In the second stage, individuals engage in overlapping consensus which enables them to find additional supporting reasons for the political conception of justice from their own comprehensive doctrine. According to Rawls, even classical utilitarianism can support his two principles of justice by participating in overlapping consensus. However, Samuel Scheffler thinks that this is impossible. Scheffler’s argument relies on the fact that classical utilitarianism is decisively rejected by the initial contracting parties of the original position. Iargue that Scheffler misconceives the main purpose of the original position and that his argument doesn’t show that it is impossible for classical utilitarianism to participate in overlapping consensus. (shrink)

The main objective of Rawls’ Political Liberalism was to explain how a workable theory of justice can be established and sustained within a society that is marked by reasonable pluralism. In order to meet this end, Rawls introduces the following three concepts: political conception of justice, public reason, andoverlapping consensus. By relying on these three concepts, Rawls presents his two principles of justice as a two stage process. In the first stage, the two principles of justice are presented as (...) a freestanding political conception justified solely by public reason. In the second stage, individuals engage in overlapping consensus which enables them to find additional supporting reasons for the political conception of justice from their own comprehensive doctrine. According to Rawls, even classical utilitarianism can support his two principles of justice by participating in overlapping consensus. However, Samuel Scheffler thinks that this is impossible. Scheffler’s argument relies on the fact that classical utilitarianism is decisively rejected by the initial contracting parties of the original position. Iargue that Scheffler misconceives the main purpose of the original position and that his argument doesn’t show that it is impossible for classical utilitarianism to participate in overlapping consensus. (shrink)

This paper considers how the problem of justice is to be globalized in the political theory of John Rawls. I discuss first the conception of “overlapping consensus” as an innovation in Rawls’s Political Liberalism and point out the recurrence of the problem of a philosophical foundation in his pragmatico-political interpretation. I suggest an intensification of Rawls’s notion of the “priority of the right to the good” as a philosophical correction to his political self-interpretation, and then finally carry through (...) on a theory of globalization of the problem of justice as extended from his “The Law of Peoples.”. (shrink)

Proposals for allocating scarce lifesaving resources in the face of the Covid-19 pandemic have aligned in some ways and conflicted in others. This paper attempts a kind of priority setting in addressing these conflicts. In the first part, we identify points on which we do not believe that reasonable people should differ—even if they do. These are (i) the inadequacy of traditional clinical ethics to address priority-setting in a pandemic; (ii) the relevance of saving lives; (iii) the flaws of first-come, (...) first-served allocation; (iv) the relevance of post-episode survival; (v) the difference between age and other factors that affect life-expectancy; and (vi) the need to avoid quality-of-life judgments. In the second part, we lay out some positions on which reasonable people can and do differ. These include (i) conflicts between maximizing benefits and priority to the worst off; (ii) role-based priority; and (iii) whether patients’ existing lifesaving resources should be subject to redistribution. (shrink)

"Much of the disagreement and controversy over Ramadan's significance arguably stems not from a disagreement over what he is on record as having asserted or done but from unexamined or unarticulated assumptions about liberal principles and what they demand of Muslims.".

The Heythrop Journal, Volume 63, Issue 3, Page 438-451, May 2022.

Work is an integral part of modern society. However, the question of the normative conditions that distinguish just from unjust work has been under-investigated in political theory. This article, b...

As it is known, there is no rule satisfying Additivity in the complete domain of bankruptcy problems. This paper proposes a notion of partial Additivity in this context, to be called µ-additivity. We find that µ-additivity, together with two quite compelling axioms, anonymity and continuity, identify the Minimal Overlap rule, introduced by Neill (1982).

As we read his work, John Rawls was developing an innovative approach to political philosophy, and Political Liberalism struggles with different ways to model these new insights. This article presents four models of political liberalism, particularly focusing on understanding the nature of overlapping consensus and its relation to public reason. Beyond clarifying Rawls’s insights, we aim to spur readers to reassemble the rich elements of Political Liberalism to produce tractable and enlightening models of political life among free and (...) equal citizens under conditions of deep diversity to advance the public reason project. (shrink)

The author suggests that Christian participation in public policy deliberations about bioethical issues may be helped by structures which do not require the search for consensus (or, in particular, the kind of ‘overlapping consensus’ favoured by Rawlsians) on policy. This argument is made, first, by a general discussion of the place of religious visions within public discourse and, second, by an examination of the structure and some of the reports of the President’s Council on Bioethics (USA).

A weak and a strong version of discourse theory can be distinguished. In the strong version the only source of normative validity in the nonspecific sense is rational consensus, where all parties concerned accept a norm for the same reasons, which are rationally convincing in the same way for all. In the weak version both rational and overlapping consensus can be sources of validity in the nonspecific sense. It is argued that the weak version is the more (...) adequate, since it can accommodate cases which the strong version cannot, and which it is unreasonable to view as cases of compromise. Discourse theory needs a weaker general discourse principle and a more flexible notion of normative consensus than is found in Habermas's Between Facts and Norms. (shrink)

Reasonable individuals often share a rationale for a decision but, in other cases, they make the same decision based on disparate and often incompatible rationales. The social contract tradition has been divided between these two methods of solving the problem of social cooperation: must social cooperation occur in terms of common reasoning, or can individuals with different doctrines simply converge on shared institutions for their own reasons? For Hobbes, it is rational for all persons, regardless of their theological beliefs, to (...) consent to the sovereign's power. But for Locke, only Protestants with a shared theology could be party to the social contract. Rousseau thought that private reasons are not part of the general will, and in Kant's hypothetical contract, pure noumena reach common principles for the social order through the same reasoning process. In A Theory of Justice, John Rawls agreed with Rousseau and Kant: selecting the principles of justice requires modeling parties to the original position as having identical reasons. But in Political Liberalism, Rawls embraced the idea of an overlapping consensus, which accords distinct reasons justificatory force. (shrink)

The concept of consensus is often appealed to in discussions of biomedical ethics and applied ethics, and it plays an important role in many influential ethical theories. Consensus is an especially influential notion among theorists who reject ethical realism and who frame ethics as a practice of discourse rather than a body of objective knowledge. It is also a practically important notion when moral decision making is subject to bureaucratic organization and oversight, as is increasingly becoming the case (...) in medicine. Two models of consensus are examined and criticized: pluralistic consensus and overlapping consensus. As an alternative to these models, the paper argues that consensus refers to the dialogic aspects of a broader normative conception of democratic moral agency. When the preconditions for that dialogic democratic practice are met, consensus has a justificatory role in ethics; when they are not, consensus, as distinct from mere agreement, does not emerge and can have no moral authority. Keywords: applied ethics, bioethics, consensus, contract theory, democracy, discourse ethics, liberalism CiteULike Connotea Del.icio.us What's this? (shrink)

Objectives: To examine the perspectives of journal editors and authors on overlapping and redundant publications in clinical research.Design: Pretested cross-sectional survey, containing both forced choice and open ended questions, administered by mail to the senior editors and one randomly selected author from all journals in the Abridged Index Medicus that published clinical research.Main measurements: The views of editors and authors about the extent of redundant publications, why they occur, how to prevent and respond to cases, and when the publication (...) of overlapping manuscripts is justified.Results: Seventy two per cent of editors and 65% of authors completed the survey. There was consensus between both groups that redundant publications occur because authors feel the pressure to publish and journals do not do enough to publicise, criticise, and punish cases, and that the publication of most types of overlapping articles is unacceptable. Sixty seven per cent of authors but only 31% of editors felt, however, that it was justified to publish an overlapping article in a non-peer reviewed symposium supplement, and 68% of editors but 39% of authors supported imposing restrictions on guilty authors’ future submissions. In written comments, 15% to 30% of both groups emphasised that it was justified to publish overlapping articles when there were different or non-English-speaking audiences, new data, strengthened methods, or disputed findings.Conclusions: Editors, authors, and other academic leaders should together develop explicit guidelines that clarify points of contention and ambiguity regarding overlapping manuscripts. (shrink)

This paper concerns the growing political polarization in the U.S. and the challenges faced by political activists in their effort to mobilize around struggles and demands for policy changes. We argue that basic income can serve as a key policy around which social movements and political activists of different beliefs systems – feminist activists, racial justice activists, liberal egalitarians, Marxists-socialists, and libertarians – could form an overlapping consensus. This would allow them to have a common political goal without (...) having to reach agreement over fundamental values, thus gaining more political visibility and increasing their ability to promote socio-political change. (shrink)

Justificatory neutrality, as held by Nagel, holds that the state is only legitimate if it can be justified on the basis of the value-beliefs that we all share. I argue that this theory has faults that are avoided by Rawls’s alternative of stability for the right reasons as achieved by a reasonable overlapping consensus on the political norms for regulating the basic structure of society. However, neither approach explains why we should be concerned with people’s value-beliefs, a gap (...) which I begin to fill. I argue that justificatory neutrality is inadequate in two ways. Firstly, neutrality cannot serve as a guiding ideal, in that we must appeal to other values in order to determine when and how we should be neutral. Secondly, in excluding all controversial ideals, it has no guarantee that a) those values shared will be adequate for settling political questions, and/or b) that some of those values excluded aren’t significant to the people who believe in them in ways that prevent their accepting justifications that appeal solely to the shared values. I argue that Rawls’s theory avoids these problems but that his idea of public reason is both unnecessary and in tension with the aspiration to achieve an actual reasonable overlapping consensus. Drawing on Raz I argue that neither Nagel nor Rawls offer adequate explanations of why we should be concerned with justifiability to people on the basis of their value-beliefs. I provide such an explanation in terms of the value of being able to endorse the course of our own lives. This value grounds reasons to be responsive to people’s (possibly mistaken) value-beliefs in political justifications – though, since this is not the only value to be considered, sometimes other reasons may settle the matter. (shrink)

Rawls’s political turn is the result of his struggle with the problem of stability in his theory of justice. Rawls’s late solution uses the concept of public reason. It requires that the members of the well-ordered society should abide by a political conception of justice for shared public reasons, thus fostering an overlapping consensus. This solution has been criticized by post-Rawlsian scholars endorsing a Diversity-Convergence account of the stability problem. I complement Rawls’s model of public reason by arguing (...) that the stability problem can be solved if members of the well-ordered society are community-based reasoners. This leads to a Wittgensteinian reinterpretation of the concept of public reason. This solution is only partial, however. At the bottom, stability without a minimal form of consensus is unlikely. (shrink)