public reason

Reconciled

Political Liberals vs. Integralists: Where the Conflict Really Lies

I’d  like to return to my ongoing interest in anti-liberal doctrines, especially the new Catholic integralism. I think it might be worthwhile exploring how the political liberalism of John Rawls clashes with integralism, and attempt to make the criticism plausible. The integralists may still deride it, and how!, but it will serve for clarificatory purposes. I now believe that the most central difference between Catholic integralism and Rawlsian political liberalism is their differing views of the rationality of moral disagreement. Political liberalism indeed presupposes that deep disagreement about the requirements of morality is natural to human beings; that it is the inevitable result of the free exercise of human reason. Catholic integralists deny this. People may disagree about morality, but that is because of sin—a failure, culpable or no—to receive the grace of God by way of the Catholic Church directly, and through political institutions partly governed by the Church. I think for the integralists, two members of an integralist society with a modest degree of natural and supernatural virtue will tend to agree about the requirements of the natural law for human behavior. This is not what Rawlsians would consider the free exercise of human reason, of course, but it is the condition that integralists would regard as the freest, and indeed this points to another deep difference: about the nature of freedom. Rawls likes negative liberty, but he also likes positive liberty, and indeed is friendly to the idea of the freedom that is achieved by the use of reason. But the integralist will insist that the exercise of human reason is only truly free when it has been, at least to some extent, dusted off by the reception of the sacraments. So, here’s one of Rawls’s first comments on integralist-type views. The theory of rational moral disagreement is in the driver’s seat and indeed necessitates the much-derided idea of the reasonable: The advantage of staying within the reasonable is that there can be but one true comprehensive doctrine, though as we have seen, many reasonable ones. Once we accept the fact that reasonable pluralism is a permanent condition of public culture under free institutions, the idea of the reasonable is more suitable as part of the basis of public justification for a constitutional regime than the idea of moral truth. Holding a political conception as true, and for that reason alone the one suitable basis of public reason, is exclusive, even sectarian, and so likely to foster political division (129). Notice the phrase bolded phrase: if reasonable pluralism is permanent, then we should abandon basing political order on the truth rather than the reasonable. If these social and epistemic conditions obtain, views like integralism are bound to be “exclusive, even sectarian, and so likely to foster political division.” Rawls understood the rationale for integralist-type views. Here’s a passage where he understands why his view is seen as problematic: I now turn to what to many is a basic difficulty with the idea of public reason, one that makes it seem paradoxical. They ask: why should citizens in discussing and voting on the most fundamental political questions honor the limits of public reason? How can it be either reasonable or rational, when basic matters are at stake, for citizens to appeal only to public conception of justice and not to the whole truth as they see it? Surely, the most fundamental questions should be settled by appealing to the most important truths, yet these may far transcend public reason! (216) This is precisely what integralists say: it seems obvious that the most “fundamental questions” should be settled by appealing to “the most important truths.” And this might be a suitable basis for political order if not for the fact of reasonable pluralism. Interestingly, Rawls associates recognizing the fact of reasonable pluralism as part of being a reasonable citizen, where a reasonable citizen is one who recognizes a moral requirement to propose reciprocal terms of social cooperation: ones that persons with a wide range of views about morality can all accept. The integralist also believes in reciprocity, but does not apply reciprocity to differences of moral opinion. This is why political life comes to be understood as the relation … of friend or foe, to those of a particular religious or secular community or those who are not; or it may be a relentless struggle to win the world for the whole truth. (442) And remarkably, Rawls admits the following: Political liberalism does not engage those who think this way. The zeal to embody the whole truth in politics is incompatible with an idea of public reason that belongs with democratic citizenship. (442) However, Rawls is mistaken in this passage about his aims: political liberalism does engage the integralist because it makes competing claims about the nature of moral reasoning. Notice that this point is not lost on all Catholic theologians. To mention one example that will lead the integralist to permanently roll his eyes into the back of his head, consider John Courtney Murray’s remark about Dignitatis Humanae (the Declaration on Religious Freedom, 1965): A longstanding ambiguity had finally been cleared up. The Church does not deal with the secular order in terms of a double standard—freedom for the Church when Catholics are in the minority, privilege for the Church and intolerance for others when Catholics are a majority.* Here Murray shares a conception of reciprocity with Rawls because fairness includes fairness between moral perspectives. I think Murray tacitly accepts what Rawls make explicit: that people of good will and virtue can disagree about the requirements of morality, and so to be fair to all such persons, we must propose reciprocal terms of cooperation understood as terms that all can accept. So, this is where I think the divergence between political liberals and Catholic integralists begin: about the rationality of disagreement about the requirements of the natural law between persons of some reasonable degree of virtue. How should this dispute be resolved? Well, I have quite a

Reconciled

Jerry Gaus (1952-2020): Constant Learning in a Complex World

Written By His Students Jacob Barrett Adam Gjesdal Bill Glod Keith Hankins Brian Kogelmann Ryan Muldoon John Thrasher Kevin Vallier Chad Van Schoelandt It is difficult to describe Jerry Gaus’s views and accomplishments in part because he was so prolific, having authored nine books comprising roughly 3,000 pages and more than a hundred published papers. Moreover, his work was wide-ranging and interdisciplinary. Jerry was critical of what he sometimes called “hedgehogosity,” the tendency for political philosophers to define themselves in terms of well-defined schools or even a single supreme value. In contrast to the hedgehog’s narrowness, consider how Jerry describes his work in The Order of Public Reason (2011, xiv–xv): “we will have to grapple with the insights of, among many others, Hobbes, Hume, Kant, Rousseau, J. S. Mill, T. H. Green, P. F. Strawson, Kurt Baier, S. I. Benn, R. M. Hare, F. A. Hayek, David Gauthier, Alan Gewirth, Kenneth Arrow, John Rawls, James Buchanan, and Amartya Sen. We will draw on game theory, experimental psychology, theories of emotion and reasoning, axiomatic social choice theory, constitutional political economy, Kantian moral philosophy, prescriptivism, and the concept of reason and how it relates to freedom in human affairs.” Jerry (2011, xv) noted that his “work is often categorized under the ‘libertarian’ label since I argue that human freedom is terribly important, that coercive interferences infringe freedom and so must always be justified to the person who is being coerced.” He wrote this not to embrace a libertarian label, but to reject it, as Jerry stressed his concerns with coercion came from his friend and co-author Stanley Benn, an Australian Labor Democrat. Indeed, Jerry’s bête noire was political ideology of all kinds, including libertarianism, because adopting them detracts one from “the truth business,” as his advisor John Chapman taught him. Jerry understood himself to be working in a tradition with an ongoing, active research agenda for a scholarly community, teaching us about the complexities of our social world, rather than looking for opportunities to reinforce our biased ways of understanding it. For this reason, we want to emphasize not merely Jerry’s accomplishments, like his major books, but also the ongoing projects and areas in which he played a pivotal role. Public Reason Jerry is best known for his work in the public reason tradition, particularly as he was the leading figure in what has come to be known as convergence liberalism. He had worked on the idea of public reason at the same time as Rawls was – during the 1980s. Jerry produced his first work in the area in 1990: Value and Justification.[i] Throughout his career, Jerry was heavily influenced by the great social contract theorists – Hobbes, Locke, Rousseau, and Kant – as well as contemporary theorists like Rawls and David Gauthier. From very early on, Jerry recognized that living in a complex social order required a kind of agreement amongst its members on the terms of social life. As he understood them, the social contract theorists recognized that engaging in moral reasoning about how to live from a purely first-personal point of view was bound to lead to destructive conflict. So, in a deep study of how humans make value judgments, the nature of the moral emotions and a theory of moral maturation, Jerry argued that we must come to move beyond the first-personal point of view and to integrate a social perspective into our individual perspectives. Only in this way can humans successfully cooperate with one another. Taking the perspective of others was also a pre-requisite for maintaining our personal relationships. Doing so is central to sustaining valuable relations of love, friendship, and trust. All relationships require that we follow certain kinds of rules and moral requirements that involve taking the perspective of others into account. The doctrine of public reason is derived from Jerry’s account of personal values and the norms internal to personal relationships. We pursue public justifications for our shared rules of social life in order to ensure that the rules are acceptable to all, such that persons can related to one another by way of complying with those rules. Jerry would stress the importance of shared reasoning in helping us live together. Yet, even there, we find a role for pluralistic and diverse reasoning in formulating a justification for our moral demands on one another, though the theme was not as central as it would become in later work. As Jerry was working on his next book, Justificatory Liberalism, he came to embrace more pluralistic forms of reasoning, allowing diverse reasoning to supplement shared reasoning more and more. In the terms of Jerry’s good friend and fellow public reason theorist, Fred D’Agostino, Jerry had moved away from the mainstream “consensus” model of public reason of expecting an agreement about which reasons could be appealed to in justifying social and political power and coercion, and supplanted it with a “convergence” view where diverse reasons could figure into the justification of coercive political power. Yet even here, Jerry adopted a principle of sincerity that required citizens to engage in shared reasons in justifying moral and political claims to one another. Over the next fifteen years, in the build-up to The Order of Public Reason, Jerry would increasingly stress the incompleteness of the social contract tradition. The difficulty with mainstream ideas of public reason is that they supposed a society could reach an agreement about principles of morality and justice. But it became a central theme of OPR that this was an unrealistic expectation. Jerry also stressed, in contrast to Justificatory Liberalism, that we could not rely on the political process alone in choosing between proposals that could only be “inconclusively” justified to all. Instead, we would have to appeal to social evolution in order to come upon concrete agreements. Kant and Rawls would have to join forces with Hume and Hayek. An “order of public reason” would not be a “deliberative democracy” that would narrow our disagreements to consensus, on reasons or on public policy;

Reconciled

Tribal Reasoning and Public Reasoning – Reply to Brennan and My Take on Achen and Bartels

Now that Bleeding Heart Libertarians has closed up shop, the BHL diaspora has begun. Jason Brennan, Chris Frieman, and Jess Flanigan – all friends – have started up a new blog with a different approach – 200-proof liberals. I recommend subscribing to it, though it is meant to have a very different rhetorical style than the BHL project. J has posted a summary of a piece he has written criticizing public reason views for failing to grapple with what we know about political psychology, especially that people engage in post-hoc tribal reasoning in politics. But public reason liberalism, the dominant approach to legitimacy in political philosophy, supposes that people reason independently of their tribe, at least to some extent, such that clear rational commitments can be identified, and justifications for laws and policies can then be crafted in terms of those fairly stable reasons. So public reason liberalism is wrong because it depends on people having more stable rational commitments than they actually do. Obviously I disagree with this argument, which Brennan has constructed by drawing on the new Achen and Bartels book in particular. Fortunately, I think the argument is good enough that I devote some time to it in my forthcoming book, Trust in a Polarized Age. Here I’m going to reproduce much of what I say there. But before I do, let me just say this. I think Americans these days tend to be more impressed by the irrationality of political behavior than Europeans. Many Europeans countries aren’t especially polarized, and some of these countries are very trusting, like the Nordic countries, and so I don’t think the trends J is pointing to are universal features of democratic polities. People are politically tribal to varying degrees, and the US is in a particularly but peculiarly bad place right now relative to some other democracies. So if we take an international perspective, I think the idea that politics is necessarily war looks less plausible even from 30,000 feet. OK, with that, here’s what I have to say about the main line of argument. I summarize the Achen-Bartels view J appeals to in section I. So if you know the view, skip to section II. I. Achen and Bartels’s Challenge. The thesis of Achen and Bartels’s Democracy for Realists is that elections don’t produce responsive government. Instead, “voters, even the most informed voters, typically make choices not on the basis of policy preferences or ideology, but on the basis of who they are—their social identities.” The worry is that “if voting behavior primarily reflects and reinforces voters’ social loyalties, it is a mistake to suppose that elections result in popular control of public policy.” Instead, election outcomes are simply “erratic reflections of the current balance of partisan loyalties in a given political system.” I have already addressed the possibility of using small-scale deliberative bodies to reveal the preferences and reasons of citizens in chapter 7, but Achen and Bartels argue that empirical studies of these small political bodies “seem to be less relevant for understanding democratic politics on a national scale.” For the purposes of this section, I will assume that microcosmic deliberation cannot serve as a substitute for national elections. Part of Achen and Bartels’s argument is that citizens lack enough information and motivation to engage in retrospective voting, voting based on the past performance of political parties and candidates. In general, Achen and Bartels claim to cast “considerable doubt on the view that citizens can reliably form and act upon sensible retrospective judgments at election time.” Retrospective voting is complicated by three factors: low political knowledge, mistaken assessments of one’s own well-being, and a limited time horizon for economic accountability where citizens only attend to their economic condition in proximity to a national election. Achen and Bartels embrace a group theory of politics. This means that “the primary sources of partisan loyalties and voting behavior … are social identities, group attachments, and myopic retrospections, not policy preferences or ideological principles.” This is so in part because extra information doesn’t make citizens more accurate; instead, “party identification colors the perceptions of the most politically informed citizens far more than the relatively less informed citizens.” Citizens are not generally responsive to information about political parties, candidates, and the like, but rather filter the information to empower their group and disempower out-groups. Achen and Bartels think their research has profound implications for democratic theory. It leaves democratic theory “in a shambles” because all “the conventional defenses of democratic government are at odds with demonstrable, centrally important facts of life,” specifically human limitations in information and motivation. II. Preliminary Difficulties I think Achen and Bartels overstate their case. One reply is that voting based on group membership can be an informational shortcut insofar as one’s group allegiance leads one to support the candidates one’s reasons would lead one to support. For instance, if black Americans vote based on how leading black legislators tell them to vote, that may indeed be a reasonable heuristic that helps protect them from serious harms by more powerful social groups. Thus, voting based on group membership, while sometimes problematic, may not be irrational. We can only show that it is irrational if we can show that following the views of the leaders of one’s group leads one to embrace more objectionable policies than one might otherwise accept. Second, Achen and Bartels need to argue that because we determine our policy preferences by group membership, those preferences are unjustified. But what makes our beliefs rational is not how they came about (the causes of the beliefs) but whether the beliefs are justified by good reasons at present (the sustaining justifications of the beliefs). Thus, to show that our political preferences are problematically arbitrary, it is not enough to show that the beliefs are caused by group membership; it has to be shown that the influence of group membership shows that political preferences are irrational. After all, most of our beliefs are heavily affected by all kinds of nonrational

Reconciled

The Best Version of Liberal Neutrality

Here I outline a version of liberal neutrality I find philosophically attractive. My approach begins by focusing on the moral considerations that lead us to care about neutrality, rather than analyzing the concept of neutrality as an ideal in itself. I then generate a principle of political justification that has those good-making features we want from a principle of neutrality. I think we will see that the principle is morally attractive. I. Why Care About Neutrality? Most contemporary liberals care about preventing government from promoting a particular conception of the good (and in some cases, a conception of the right) because they affirm four general claims: (i) persons have a dignity that merits respect, (ii) persons are naturally free and equal, (iii) persons have reasons for action determined by their deep commitments and values, and (iv) these reasons can systematically and reasonably diverge. I’ve explored a number of these ideas elsewhere. I’ve explored (iv), namely the idea of reasonable pluralism, here and here. I’ve explored the meanings of (ii) and (iii) here. Claim (i) is a pretty obvious platitude. Summing up, here’s the basic moral idea behind neutrality. The foremost moral imperative is to treat persons with respect, as ends in themselves. If persons are naturally free and equal, in the sense that no person is naturally the servant of another, such that they have equal moral authority, then to respect them is to recognize their moral authority by not compelling them to act against their own best reasoning. What are persons’ reasons? The liberal tradition has generally allowed that persons have very different reasons for action due to their differing valuing and beliefs. We don’t determine persons’ reasons for action apart from their most deeply held commitments. Thus, the reasons relevant to the justification of coercion are in some sense internal or psychologically accessible. They have their ground in persons’ actual motivations and commitments. Finally, and due in part to reasonable pluralism, their affirmed reasons will systematically and broadly diverge. Therefore, if we are to respect persons, we can only coerce them when they have sufficient reason, from their own perspective, to comply with the law or policy on which the coercion is based. So we care about neutrality because we care about respecting naturally free and equal persons who invariably have diverse reasons for action, which in turn requires that we only coerce them if they have sufficient reason of their own to comply. Otherwise we fail to treat persons as free and equal. Yes, I’ve just equated the idea of public justification with liberal neutrality (find a well-known attempt here) but that’s because I think the idea of public justification provides the most attractive explanation of why we care about neutrality and a clear method of applying neutrality to institutions. II. Setting Limits on Neutrality So, given the foregoing, we can say that a nation-state is neutral in the public reason liberal sense when it employs only publicly justified coercion. Policies are neutral when they are justified to a wide range of evaluative perspectives. Laws need not be neutral in having equal effects or outcomes or taking no position on the substantive good. Instead, this ideal of liberal neutrality permits the state to promote goods that all persons reasonably agree are goods. That means we can promote the common good in ways that respect all as persons if the pursuit of the common good is constrained by what is publicly justified. We do not have to be “neutral” between, say, publicly justified and publicly unjustified laws. Nor need the content of these laws necessarily treat all persons in the same way. Determining what is justified to persons is not always an easy matter, however. There are well known problems with determining what most peoples believes, since the data that varies based on how questions are framed. Similarly, it is hard to determine from present social practices whether minorities have sufficient reason to endorse those practices, since they may be afraid to voice dissent. In my view, evaluation via public reason should follow the complaint. When conflicts arise, and people start to complain, we should turn our gaze to their objections and scrutinize them. If we perceive that they have a strong, epistemically justified objection to a law or policy, we can conclude that they have a defeater for the law. Accordingly, we are obligated to reform or revoke the law if we care about treating others as free and equal (as we should). III. Substitute Neutrality with Public Justification Political neutrality is a vexed idea, so in my work, as noted, I just use a related idea of public justification, which I think has the attractions of neutrality with far fewer weaknesses. It also gives us a more precise method of determining which regimes are neutral in this more refined sense; I argue that liberal democratic welfare-state capitalism is uniquely neutral in large, diverse societies in Must Politics Be War?, but I have a detailed defense of the basis and content of public justification requirements that I like to think advances the literature, as well as Rawls and Gaus’s contributions to it.

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