conscience-violating reasons: from the ethics of discourse to good reasoning

Here’s another interpretation of how (what Estlund characterizes as) the central thesis of political liberalism might go.

The reasons that favor permission to coerce A but that are not acceptable to A (due to their violating A’s conscience), unlike the other good reasons that favor it being permitted to coerce A, are not part of (they are irrelevant to) one being in a position to make a good case to A that would also be acceptable to A. The screening-off here would not be part of what determines the shape of the relevant good reasoning about the relevant permission to coerce itself, but it would determine the reasons or bits of reasoning (that are part of one’s good reasoning) that factor into meeting the condition that is crucial for the permission to exist (the condition of one at least being in a position to make an acceptable case to A, if not actually making it). Continue reading

the unacceptable work of acceptability requirements

Suppose we are considering whether it is okay for the government, in pursuit of legitimate public aims, to require one to bake a cake for a gay wedding when this goes against one’s religious convictions.  If a pretty strong version of religious tolerance is true, then the answer is no. And the same circumstance affects the shape of good reasoning toward the relevant conclusion in the following way: reasons like ‘this guy would be forced to act against his religious convictions if this proposal were implemented’ and ‘this guy has a religious conviction according to which it is a sin to be involved, in any way, in any marriage that is not between a man and a woman’ are to be given controlling weight, decisively weighing against the conclusion that it is okay for the government to thus coerce.  (This would be a fact about good reasoning, which we might well do privately, not a fact about how we should treat each other in deliberating together about what to do collectively.) Continue reading

maybe bad reasons are just bad (political justification)

Consider:  

Religious Tolerance:  Governments are morally forbidden from (i) enforcing religious tenets on their citizens that are not the religious tenets of those citizens (or requiring of them sworn allegiance to such tenets) and (ii) forcing its citizens to say or do things that contradict their religious tenets (if they have such).

On this view, the truth or falsity of some of our conclusions about permissible government coercion depend on whether or not people have religious beliefs according to which what they would be coerced into doing would be a sin.  And the landscape of relevant or good reasons is similarly relativized to such religious belief, at least in this way: that one would be forced to commit something that one views as a sin comes to be a controlling reason against a proposed law, at least generally outweighing what would otherwise — from a neutral or objective or apart-from-what-religious-beliefs-people-have perspective — be sufficient or decisive reasons in favor of the law.   Continue reading

Public reason as solving a fundamental disagreement problem

One strand in the “public reason” approach to political justification, stated in a very general form, might go something like this: in the context of disagreement about which shared, public norms to codify and enforce, when actual consensus is not present, the obvious or evident nature of important, relevant objective reasons, the recognition of which would rationally tend to lead to consensus (this situation constituting a certain kind of hypothetical consensus) suffices to make for permission to enforce.  One way to characterize this general approach is by saying that there is a “disagreement problem” specific to the relevant context that is “solved” by taking steps toward consensus (with enough truth in it) on the matter as against simply seeking the truth. Here is a specific proposal along these lines, a first shot in the right direction with this kind of approach, to play with and evaluate: Continue reading

Acceptability: reason-giving vs. reasons

I have some questions about Estlund’s account of acceptability conditions on reasons (in public reasoning).  Here is the first one.

(1) Acceptability conditions make sense as conditions on the reasons that it is appropriate or permitted to give to each other (aside from whether they are good or true).  However, I think Estlund means for these conditions to apply to what reasons are appropriate even in private reasoning (when one is reasoning about when the state is permitted to coerce its citizens).  But why would the former imply the latter? Why should standards governing giving reasons to others speak to the appropriateness of a reason (distinct from its goodness or truth) in any kind of good reasoning? This seems almost like a category mistake of some kind.   Continue reading

what I should have said before about “nullified” non-consent…

One problem with Estlund’s argument (Ch. 1, p. 9) is that only the denial of consent, not mere non-consent, is an event that typically changes the landscape of relevant permission/obligation.  Let’s look at two cases. Suppose that the initial conditions are that we are allowed to touch each other on the shoulder in order to get the attention of person who would be touched. We now have two cases:

Continue reading

From the anti-vigilante principle to authority (a good intuitive argument for authority)

In Ch. 8 of DEMOCRATIC AUTHORITY, David Estlund argues for a certain kind of political authority on a purely intuitive basis (as a run-up to a more-principled or intuition-vindicating defense of political authority).  His argument starts with the intuitive (and Lockean) anti-vigilante principle (AVP):

when there is a system that serves the purposes of judgment and punishment without private punishment, then private punishment is morally wrong  

The idea here is that the obligation not to engage in relevant sorts of private punishment (even when the public verdict is known to be wrong) is generated by the system of public justice forbidding private punishment or vigilante behavior.  Since forbidding-generated as well as command-generated obligation (to obey) suffices for authority, what we have here is a kind of political authority. (Notice that, despite my language here, the system need not be public in anything like the governmental sense. The system could be privately-run but dominant in a geographic area.) Continue reading

Justifying “ersatz authority”

Suppose there is something that, for all our sakes, desperately needs to get done by all of us, collectively, together (say if all of us, or any of us, are to remain alive for long).  Suppose you know this. And suppose you also know some other things. First, decisive action is required – there is no room here for taking lots of time to come up with a plan and execute it and no room for dispute or any committee-type process in the planning or execution.  Second, you know that your buddy Clem knows at least as much or more than anyone else about how to come up with and execute the right plan and, importantly, has a big “leadership presence” and is ready to take charge. Third, you know that, unless any given step in the planning or execution is terribly, terribly wrong, what is more important than getting any given step right is that each step is good enough – and gets done decisively.

Continue reading