Rawls's Wide View of Public Reason: Not Wide Enough

Res Publica - What sorts of reasons are i) required and ii) morally acceptable when citizens in a pluralist liberal democracy undertake to resolve pressing political issues? This paper presents and...     

Stout,Rawls, and the Idea of Public Reason

Jeffrey Stout claims that John Rawls's idea of public reason (IPR) has contributed to a Christian backlash against liberalism. This essay argues that those whom Stout calls “antiliberal traditionalists” have misunderstood Rawls in important ways, and goes on to consider Stout's own critiques of the IPR. While Rawls's idea is often interpreted as a blanket prohibition on religious reasoning outside church and home, the essay will show that the very viability of the IPR depends upon a rich culture of deliberation in which all forms of reasoning can be put forth for consideration. This clarification addresses the perception that the IPR imposes an “asymmetrical burden” upon believers. In fact, the essay suggests that there are good reasons why believers, qua believers, might endorse the IPR.     

Public justification versus public deliberation: the case for divorce

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.     

Liberal Exclusions and Foundationalism

Certain versions of liberalism exclude from public political discussions the reasons some citizens regard as most fundamental, reasons having to do with their deepest religious, philosophical, moral or political views. This liberal exclusion of deep and deeply held reasons from political discussions has been controversial. In this article I will point out a way in which the discussion seems to presuppose a foundationalist conception of human reasoning. This is rather surprising, inasmuch as one of the foremost advocates of liberalism, John Rawls, is also known for being one of the first advocates of reflective equilibrium, which is clearly a coherentist approach to theory construction and justification. I will begin in Park I by making my charge against an almost embarrassingly crude presentation of the liberal position. Then in Part II I will leap to Rawls' version of liberalism, obviously by far the most sophisticated working out of the position, and try to see whether anything remains of my criticism.     

BEFORE THE ORIGINAL POSITION: The Neo-Orthodox Theology of the Young John Rawls

This paper examines a remarkable document that has escaped critical attention within the vast literature on John Rawls, religion, and liberalism: Rawls's undergraduate thesis, “A Brief Inquiry into the Meaning of Sin and Faith: An Interpretation Based on the Concept of Community” (1942). The thesis shows the extent to which a once regnant version of Protestant theology has retreated into seminaries and divinity schools where it now also meets resistance. Ironically, the young Rawls rejected social contract liberalism for reasons that anticipate many of the claims later made against him by secular and religious critics. The thesis and Rawls's late unpublished remarks on religion and World War II offer a new dimension to his intellectual biography. They show the significance of his humanist response to the moral impossibility of political theology. Moreover, they also reveal a kind of Rawlsian piety marginalized by contemporary debates over religion and liberalism.     

Reason,Representation, and Participation

This paper argues that the contrast between direct and representative democracy is less important than that between simple majoritarianism and deliberative i.e., public reason centred, democracy, as only the latter is sufficiently sensitive to the problem of domination. Having explored a range of arguments in favour of direct democracy it is argued that moves in this direction are only warranted when the practice of public reasoning will be enhanced. Both symbolic representation and delegate democracy are rejected in favour of substantive measures to formalise communication between voters and representatives and permit the formal contestation of political decision on the ground that these will provide stronger defences against domination within the political system.     

Romantic Longings,Moral Ideals,and Democratic Priorities: On Richard Rorty's Use of the Distinction Between the Private and the Public

Abstract

The heart of Richard Rorty's philosophy is his distinction between the private and the public. In the first part of this paper, I highlight the profound influence that the inherited vocabularies of Romanticism and Moralism have had on Rorty's understanding of both the distinction and the problems he intends to solve with it. I also suggest that Rorty shares with Plato, Kant, and Nietzsche philosophical habits that cause him to treat two importantly different problems as one. Once the moral problem is disentangled from the political, it becomes clear that Rorty's distinction is unnecessary to the former and inadequate for the latter. In the second part of the paper, I argue that Rorty's non‐foundationalist pragmatism supports the view that the political problem is best resolved by what I call a democratic mechanism of arbitration. It is the lingering influence of Romanticism and Moralism, I suggest, that is the cause of Rorty's reluctance to embrace fully the political priority of democratic consensus. Finally, I discuss why this analysis of Rorty's liberalism may have implications for the general question of how best to resolve political disputes in pluralist societies.     

SAVING THE “SECULAR”: The Public Vocation of Moral Theology1

The London suicide bombings of July 7, 2005 were partly the revolt of moral earnestness against a liberal society that, enchanted by the fantasy of rationalist anthropology, surrenders its passionate members to a degrading consumerism. The “humane” liberalism variously espoused by Jürgen Habermas, John Rawls, and Jeffrey Stout offers a dignifying alternative; but it is fragile, and each of its proponents looks for allies among certain kinds of religious believer. Stanley Hauerwas, however, counsels Christians against cooperation. On the one hand, he is right to resist, insofar as liberalism illiberally excludes theology from public discourse. On the other hand, not all humane liberalism does this: Stout's, for example, is genuinely polyglot, requiring not a common secularist language but a common ethic of communicating. Such a liberal ethic and its attendant anthropology merit the support of Christians: there may be more to be said about the Kingdom of God than respect, tolerance, and fairness, but there will not be less. The Christian has good theological reasons to expect some concord with other inhabitants of secular space. Ethical distinctiveness is no measure of theological integrity; and neither theology (pace Barth) nor biblical narrative (pace Richard Hays) should be expected to do all of the ethical running. If Christians are to be thorough in their moral theology and intelligible in their public statements, then they must borrow non‐theological material, formulate abstract concepts, and engage in casuistical analysis. Nevertheless, if an anxious insistence on distinctiveness is a mistake, concern for theological integrity is not. When the moral theologian borrows ethical material from elsewhere, he should integrate it into a theological vision structured by the Christian salvation‐historical narrative, which will sometimes modify the meaning of what is incorporated. So in affirming humane, polyglot liberalism, the moral theologian will at the same time make salutary qualifications. One of these is the assertion of the need of liberal institutions to own and promote their moral and anthropological commitments. In such a confessionally liberal society, universities in general, and the Arts and Humanities in particular, would recover their vocation to form citizens in communicative virtues and to offer them a dignifying, morally serious vision of human being that could save future generations from a degrading consumerism on the one hand and violent over‐reaction on the other.     

Religious Reasons and Public Healthcare Deliberations

This paper critically explores the path of some of the controversiesover public reason and religion through four distinct steps.The first part of this article considers the engagement of JohnFinnis and Robert P. George with John Rawls over the natureof public reason. The second part moves to the question of religionby looking at the engagement of Nicholas Wolterstorff with Rawls,Robert Audi, and others. Here the question turns specificallyto religious reasons, and their permissible use by citizensin public debate and discourse. The third part engages JürgenHabermas's argument that while citizens must be free to makereligious arguments, still, there is an obligation of translation,and a motivational constraint on lawmakers. The final sectionargues that even though Habermas's proposal fails, neverthelesshe recognizes a key difficulty for religious citizens in contemporaryliberal polities. Restoration of a full role for religiouslygrounded justificatory reasons in public debate is one partof an adequate solution to this problem, but a second plankmust be added to the solution: recognition that religious reasonscan enter into public deliberation not just as first-order justificationsof particular policies, but as second-order reasons, to be consideredby any polity that respects its religious citizens and, morebroadly, the good of religion.     

The Social Value of Non-Deferential Belief

We often prefer non-deferential belief to deferential belief. In the last twenty years, epistemology has seen a surge of sympathetic interest in testimony as a source of knowledge. We are urged to abandon ‘epistemic individualism’ and the ideal of the ‘autonomous knower’ in favour of ‘social epistemology’. In this connection, you might think that a preference for non-deferential belief is a manifestation of vicious individualism, egotism, or egoism. I shall call this the selfishness challenge to preferring non-deferential belief. The aim of this paper is to meet the selfishness challenge by arguing that non-deferential belief is (pro tanto) socially valuable.     

Liberalism,Citizenship, and the Private Interest in Schooling

Schools in liberal societies are responsible for producing liberal citizens. However, if they have too robust a view of citizenship, they may find themselves undermining the view of good lives held by many pacific and law abiding groups. Here I argue against treating citizenship as an educational good that simply trumps private values when they conflict and in favor of a view that seeks a context sensitive balance between such conflicting goods. The paper explores Rawls's distinction between two moral powers as a way of understanding the character of some of the private interests in schooling.     

Shared intentions,public reason,and political autonomy

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 upon 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.     

Transformations of the Concept of Reason

This outline of the transformations of the concept of reason is based on the idea that this can be presented/illustrated by means of a historical sketch of the criticism of reason, because all essential differentiations in that concept can be understood as consequences of critical arguments. In Kant's work, the Critique of Speculative Reason reaches its first conclusion; it was followed by a Critique of Critical Reason by Hegel and his followers, and Schopenhauer established a new type of critical argument: the Critique of Functional Reason which dominates the radical criticism of reason in our time. This radical criticism is the great challenge for the philosophy of reason today.     

The Family and Political Justice – The Case for Political Liberalisms

This paper examines two central arguments raised byfeminist theorists against the coherence andconsistency of political liberalisms, a recentrecasting of liberal theories of justice. They arguethat due to political liberalisms' uncritical relianceon a political/personal distinction, they permit theinstitution of the family to take sexist and illiberalforms thus undermining its own aims and politicalproject. Political liberalisms' tolerance of a widerange of family forms result in two fatalinconsistences. Firstly, it retards or completelyprevents women from developing the necessary politicalsense of self required for citizenship, and secondly,it prevents children from acquiring the requisitepolitical virtues and sense of justice necessary forthe viability and long-term stability of such asociety. In the paper, I argue that despite theirinitial appeal these feminist criticisms are notcompelling. Firstly, they misunderstand what politicalliberalisms mean by unjust family forms, secondly,they trade on a misunderstanding of thepolitical/personal distinction and, finally, they makequestionable empirical claims about the effects of theilliberal family on a viable political conception ofjustice.     

Liberalism,Abstract Individualism,and the Problem of Particular Obligations

In the following I take issue with the allegation that liberalism must inevitably be guilty of ‘abstract individualism’. I treat Michael Sandel’s well-known claim that there are ‘loyalties and convictions whose moral force consists partly in the fact that living by them is inseparable from understanding ourselves as the particular persons we are’ as representative of this widely held view. Specifically, I argue: (i) that Sandel’s account of the manner in which ‘constitutive’ loyalties function as reasons for action presupposes the possibility of there being (what I call) ‘underivable particular obligations’, but that such obligations are, in fact, a logical impossibility; and (ii) that Sandel’s account of the self as necessarily ‘encumbered’ presupposes an account of personal identity which confuses identification with definition, and which is, therefore, fundamentally flawed. For their constructive and insightful comments on an earlier draft of this paper, I owe a special debt of gratitude to the following: Clare Chambers, Roger Crisp, Cécile Fabre, Paul Kelly, David Lloyd-Thomas. Thanks also go to Res Publica’s two anonymous referees.     

Public Opinion and Political Philosophy: The Relation between Social-Scientific and Philosophical Analyses of Distributive Justice

This paper considers the relation between philosophical discussions of, and social-scientific research into popular beliefs about, distributive justice. The first part sets out the differences and tensions between the two perspectives, identifying considerations which tend to lead adherents of each discipline to regard the other as irrelevant to its concerns. The second discusses four reasons why social scientists might benefit from philosophy: problems in identifying inconsistency, the fact that non-justice considerations might underlie distributive judgments, the way in which different principles of justice can yield the same concrete distributive judgments, and the ambiguity of key terms. The third part distinguishes and evaluates three versions of the claim that normative theorising about justice can profit from empirical research into public opinion: that its findings are food for thought, that they amount to feasibility constraints, and that they are constitutive of normatively justified principles of justice. The view that popular opinion about justice has a strongly constitutive role to play in justifying principles of distributive justice stricto sensu is rejected, but it is argued that what the people think (and what they can reasonably be expected to come to think) on distributive matters can be an important factor for the political theorist to take into account, for reasons of legitimacy, or feasibility, or both.     

RELIGIOUS REASONS AND POLITICAL ARGUMENTATION

In Evangelium Vitae Pope John Paul II calls for a renewal of culture to combat the culture of death. He criticizes various aspects of a pluralistic, liberal society—a type of society that he claims is based on moral relativism and a view of democracy that becomes a substitute for moral law. He maintains that such a view trivializes moral choice. In this essay I argue that John Rawls's notion of a liberal society as an overlapping consensus of comprehensive doctrines can avoid relativism while allowing for reasonable debate among opposed positions. While Rawls maintains that comprehensive doctrines, including religions, should employ a form of public reason that is not a unique feature of any one comprehensive doctrine, I argue that this requirement is too strong. One is often justified in appealing to features of comprehensive doctrines other than one's own, features that are unique to the doctrines themselves. Such an appeal does not pretend to be neutral as public reason would seem to be. In the final section of the paper I discuss some suggestions made by the Pope regarding actions in civil society that are independent of debates about legal change and suggest some ways in which they might contribute to desired cultural transformation.     

A Precautionary Tale: Separating the Infant from the Fetus

This article confronts growing conservative opposition to abortion based on the claim that abortion is morally equivalent to infanticide. By examining the relationship between moral skepticism and precautionary ethics the article promotes a completely permissive position on abortion from conception to birth while consistently rejecting the possibility that such a position entails permissive implications for infanticide. The article introduces and traces the implicit relationship between moral skepticism, the precautionary principle and political liberalism.

Schools,identity and the conception of the good. The denominational tradition as an example

The Dutch education system relies upon a large number of publicly-subsidized, denominational schools. The authors defend the importance of schools that educate children within a specific — including denominational — conception of the good by arguing for the importance of such a conception for the development of the child's identity. An essential component of this developmental process is critical reflection, conceived as crucial to the formation of moral autonomy.     

RELIGION, PACIFISM, AND THE DOCTRINE OF RESTRAINT

The doctrine of restraint is the claim that citizens and legislators ought to restrain themselves from making political decisions solely on religious grounds. That doctrine is normally construed as a general constraint on religious arguments: an exclusively religious rationale as such is an inappropriate basis for a political decision, particularly a coercive political decision. However, the most common arguments for the doctrine of restraint fail to show that citizens and legislators ought to obey the doctrine of restraint, as we can see by reflecting on those arguments as they bear on the Agapic Pacifist's rationale for denying that even legitimate political authorities may use lethal military force.