John Rawls’ second book, Political Liberalism, deals with a
crucial question. Rawls is trying to work out how it is that a liberal democracy
can be understood by its citizenry as legitimate, just and stable, given that
its citizenry is composed of people who hold irreconcilable fundamental
beliefs. As he puts it: “How is it
possible for those affirming a fundamental worldview, religious or
nonreligious, and in particular doctrines based on religious authority, such as
the Church or the Bible, also to hold a reasonable political conception of
justice that supports a constitutional democratic society?”
Now it is not only religious faiths that Rawls has in mind here, but also citizens that have irreconcilable philosophical worldviews. The secular philosopher, no less than the devout religious believer, has a belief system about the most basic nature of the world and human existence, and the meaning and substance of ethics. These views differ profoundly amongst themselves, and the history of philosophy suggests there is little prospect for overcoming disagreement on who is right. Given these divergent belief systems—this ‘fact of pluralism’ as Rawls calls it—how is it possible that Christians and Muslims, Kantians and Aristotelians, atheists and spiritualists, can all accept and morally uphold the same system of government and the same set of laws?
Rawls’ solution, the central thesis of
political liberalism, is to appeal to an ‘overlapping consensus’. An
overlapping consensus occurs when a diverse community of people agree on key
principles of justice, even as they disagree on the deeper reasons for those
principles, and on more comprehensive details about how lives should morally be
lived and what is valuable in human life. An overlapping consensus is a genuine
commitment to shared principles. It is not about ‘putting up’ with a system for
the time being until things can be changed for the better when one’s faction
has more power. It is not a mere compromise
or balance of power—not a ‘modus vivendi’.
I think much of what Rawls says in fact
taps in to the way many people in liberal democracies think about the nature of
legitimacy, and in what follows I am going to try to give an account of how
this works. While I will depart from Rawls a little on a couple of points, the
intention is to give a pretty clear and non-technical account of his basic
theory.
Why is this a good idea, given that I’m
afraid it’s going to make for a pretty long blogpost? (So buckle
in, we’re here for a while.) Unfortunately, the importance of Rawls’ book is
matched only by its lack of clarity. Even outright enthusiasts for the work acknowledge
it is not an easy read, and Rawls himself admitted some of his early
formulations of what he was saying were inconsistent and misleading. So the aim here is to give a sensible overview of what I think is a pretty perplexing
theory at first reading.
While important, the perplexities in Rawls' work can give rise to all sorts of fevered scribblings... |
The
core elements
Let’s begin by explaining a few elements of
the system, and then we will look at how they all fit together. I have renamed
some of Rawls’ terms here, because his terminology can be a bit confusing and
longwinded.
First, a ‘fundamental worldview’ is a
belief system about the nature of the world, society, human nature and
morality. Religions are obvious examples, but so too are philosophies. One can
hold to Kant’s philosophical worldview as a fundamental worldview, for example.
Fundamental worldviews have three key features. Feature one is that they give an account not
only of what general political arrangements are justified, but also about how
one should live one’s life. In philosophical terminology, they tell us not only
about what is ‘right’ (explaining what rules and laws should we have) but also
about what is ‘good’ (explaining what is valuable in human life and
relationships). Feature two is that fundamental worldviews answer the most foundational
questions of philosophy—they provide an account of what things exist and of
their nature and relations: in technical terms, they provide an ‘ontology’. Feature three is that fundamental worldviews are general in nature. Because they announce the
key truths about human existence, they aim to apply to everybody universally.
If you believe what Kant says we should do, or what Jesus says we should do,
then you think that, ideally speaking at least, everyone should do what Kant or
Jesus say as well.
Second, a ‘life-plan’ is a person's plan for how
they intend their life to go, an account of what is valuable in one’s own life.
Each person possesses their own life-plan. Of course one’s life-plan will be
influenced by whatever fundamental worldview one holds, but even among
adherents of a single religion there will be people pursuing different
professions, different relations, different ambitions and different priorities.
Each person crafts their own life-plan,
even though they may share a fundamental worldview.
Third, ‘liberal principles’ comprise a set of basic
values familiar in liberal democracies. They include, for example, a conception
of all people as free and equal, living under the rule of law, and an idea of
society as a system of fair cooperation. One paramount principle is of
reciprocity—a pervading awareness that unless we are willing for others’
beliefs and truths to rule our lives, then we should not be hoping for our
truths to rule their lives. If we are to engage in rule-making with other
people, then, we need to try and speak in terms that they can recognize as
making sense to them. For example, we can’t appeal to what it says in our Bible
to explain why other people should accept a rule. Instead we should appeal to
the liberal principles. As well as dictating how we should engage in public
debate (namely, by appealing to principles every citizen can be expected to
accept) these liberal principles also include some substantive rules about how
people are to be treated. For example, the liberal principles will affirm that
everyone has a set of basic rights that have a special priority, and that
everyone needs some minimum of resources that allows them the type of
independence and security necessary to enjoy those basic rights.
These liberal principles are pretty
general. They probably rule out a no-holds-barred libertarianism on the political
right (because of the requirement of minimum resources to all citizens), and
various forms of socialism on the left (because of the prioritization of citizen's individual
rights). Otherwise, though, the liberal principles can accord with a family
of more specific liberal philosophies. We’ll turn to these specific political ‘liberal
philosophies’ in a moment, but for now it is worth noting that the liberal
political principles can give us an outline of a basic
constitutional structure. If we all agree on the general liberal principles,
then we should be able to work out what broad political structure we should have.
For example, the liberal principles might lay down a bill of rights, a
separation of powers to ensure the rule of law, and rules about the nature and
makeup of legislative bodies that will determine the finer-grained laws we are
all to live by.
Justice-as-fairness: now just one of a family of reasonable liberal philosophies. |
The fourth element is made up of the specific ‘liberal
philosophies’ I mentioned in the last paragraph. For our purposes here a ‘liberal
philosophy’ is a specific, coherent and systematic account of a political
regime that conforms to the more general liberal principles, for instance of
understanding all citizens as free and equal. Such a liberal philosophy is
quite detailed—we are able to use our specific liberal philosophy to determine
the exact boundaries of each of the rights, what sort of equality of
opportunity people deserve, and what resources people are entitled to. Rawls’
first work, A Theory of Justice, was
framed by him as a fundamental worldview that put forward a correct account
of justice, namely ‘justice-as-fairness’. In his later work, though, he has
changed the status of this account. Now justice-as-fairness is no longer
understood as a fundamental worldview developing universal principles of
justice. Rather, Rawls reconceives justice-as-fairness as just one of a family
of liberal philosophies that align with the general liberal principles. (Rawls
thinks that justice-as-fairness represents‘the most reasonable’ of the liberal
philosophies, but nothing in his overall picture depends on us accepting this. I don't.)
In other words, Rawls’ justice-as-fairness
presents one example of a liberal philosophy that will supply particular answers to
our major policy questions—but it is not the only such example. Other interpretations of the liberal
principles are possible, precisely because these principles are general. For
instance, left-libertarianism, Lockean liberalism and perhaps some brands of
utilitarian liberalism are all liberal philosophies that accord with
the liberal principles as I described them above. I will use these three specific
liberal philosophies, along with justice-as-fairness, as my examples of liberal
philosophies, but don’t worry if you don’t really know exactly what these are.
All that matters is that that they are specific and systematic accounts that share
the larger idea that all citizens are free and equal, but interpret that idea
in slightly different ways. You can think of the liberal philosophies as
something like a more coherent version of the political positions of all the
mainstream political parties in western democracies (conservative, liberal,
labour, republican, democrat, green etc).
The liberal philosophies share much in
common, but they differ in their specific policies; adherents of each will
disagree on key questions regarding the boundaries of different rights, the
legal duties we owe to each other and the requirements of distributive justice
(such as the merits of welfarist taxation). While each liberal philosophy agrees
that all citizens are free and equal persons joined in society for fair
cooperation, they will understand each of those terms differently, and so will
argue, and vote, for different sorts of policies as they engage in public
debates and enact legislation.
Importantly, the liberal philosophy is not the
same as a fundamental worldview. The liberal philosophy is a systematic and
coherent account of rights, duties and legal processes. However, it makes no
specific claims about the fundamental worldviews that might lie beneath that
account. It is a political philosophy that avoids all the controversies of ‘first
philosophy’—that is, it is agnostic about deeper questions of metaphysics,
epistemology, axiology and suchlike. Also, the liberal philosophy does not
aim to fill out every detail of a person’s moral life. It says what a person’s
legal rights and duties are, but assets nothing about how citizens should use those
rights in order to live a ‘proper’ or ‘perfect’ life. In just those two ways
the liberal philosophy differs from the fundamental worldview.
I think this distinction between liberal
philosophies and fundamental worldviews makes sense when we
think about the history of political philosophy in general. For example, very
diverse people can and do find many of the arguments, and the broader political
philosophy, of John Locke’s Second
Treatise of Government to be compelling. But that doesn’t mean they commit to the natural law and Christian underpinnings of that work. Locke’s
liberal philosophy is ‘modular’, as it might be put. It is a systematic and
coherent account of rights and duties, and reasons for them, that can be
embraced by people holding very different fundamental worldviews—including even
people like me, who are quite agnostic about religion and religion’s relationship
to ethics.
How
do these four elements fit together in Rawls’ system?
We can think of three of these elements as
different types of overlapping consensuses—that is, beliefs and values that are
shared despite deeper or more personal differences of belief and value.
To explain, let’s begin with a single
person, Amy. Amy has her own life-plan—her own ideas on how her life will go
and her picture of what is valuable in her life. This life-plan is not shared
by anyone else; it is Amy’s plan about how Amy’s life should go. But Amy also
has a fundamental worldview, a set of deep philosophical, moral or religious
views that she holds as true. Let’s suppose for argument’s sake that Amy is a
Christian. (I use Christianity just because I am more familiar with it than
with other religions, and so hopefully less likely to make a blunder about its beliefs.
But most other religions should be able to slot into everything I say here.)
So Amy is a Christian, and let’s say she
shares this belief system with others in her society, including Betty and
Cathy. Let’s suppose also that their Christian worldview is what Rawls’ calls a
‘reasonable’ fundamental worldview. This means that it is consistent with the liberal
principles—it envisages all citizens as free and equal. (Why might we expect fundamental
worldviews to be reasonable? We’ll consider that important question below.) Amy,
Betty and Cathy therefore all agree on the liberal principles. Because they
agree on these, they can also agree on a liberal basic structure for society—a
constitutional setup. But this doesn’t mean they agree politically on
everything. In fact, Amy and Betty think that the best liberal philosophy, and
the one that best fits with their Christianity, is (let’s suppose) a pretty
egalitarian one, such as justice-as-fairness. For that reason they tend to vote
towards the political left (democrat, labour, etc). Cathy disagrees, however.
When she reflects on the nature of freedom and equality, she selects a
political system where each person has a guaranteed minimum of resources from
which to begin, but then is allowed to keep whatever she can make of those
resources. Cathy therefore opts for left-libertarianism as her liberal philosophy; she directs her votes towards more right-wing and conservative parties. While
Cathy agrees with Amy and Betty about what the general constitutional structure
of the society should be, and with their fundamental worldview of the Christian
faith, she disagrees with them on matters of taxation and equal opportunity.
From her left-libertarian standpoint, she argues with Amy and Betty in public
forums, and she votes against their more egalitarian legislative proposals.
Now consider David and Ernie. David is a
Kantian—he believes all of Kant’s deep philosophical arguments about the nature
of reality and human existence, and he uses Kant’s categorical imperative as a
moral guide for every piece of decision-making in his life. David also believes
in God (as Kant himself did), and situates this belief within his larger
Kantian philosophical worldview. David is impressed with the liberal philosophy
of justice-as-fairness as a powerful account of what Kant's categorical imperative
requires in terms of justice. So, like Amy and Betty, he sees
justice-as-fairness as the correct liberal philosophy. Ernie, on the other hand,
does not believe in any sort of God. His value system is an ecological one.
Following the writings of the environmental philosopher Aldo Leopold, Ernie
sees himself as a fellow-traveller on the Earth with all other living
creatures, functioning together with them in a larger community. As Leopold
himself did, Ernie agrees with the liberal principles—in his view the rights of
animals and parts of the ecosystem overlay across the rights of people and
citizens. So let’s suppose that, envisaging human beings as animals engaged in
the business of looking after their lives, Ernie holds to a Lockean liberal philosophy—albeit
one that gives a strong place to stewardship and care of the natural world.
These five citizens all live together and constitute
a society that each of them sees as legitimate. They all affirm its
constitutional setup and agree on the legitimacy of the laws it legislates. But
how is this agreement possible? There is no shared fundamental worldview on the
nature of existence and the reasons for being moral. There is no agreement even
on a liberal philosophy about what rights and duties each person should have.
The reason a shared view of political
legitimacy is possible is because all five of these citizens share an overlapping consensus on the general
liberal political principles, and therefore on the constitutional structure in
which they all live. Within that structure, they argue with each other about
what rights and rules are just. As things stand, Amy, Betty and David form a
smaller overlapping consensus of their own—they all agree that
justice-as-fairness is the best liberal philosophy. They vote on that basis,
and because the three of them form a majority, the laws in the society reflect
that specific liberal philosophy. The constitution, however, does not reflect the
majority view of justice-as-fairness. It remains neutral between all the
competing liberal philosophies. If Amy comes to be persuaded by Cathy’s
political arguments, or if Betty suddenly converts to Ernie’s ecological
worldview, then the voting majority will shift and new policies will be enacted
as law. Again, of course, the over-arching constitutional structure will remain
the same.
Why
is this picture of the political landscape helpful?
This picture resonates, I think, with the actual way many people in liberal democracies
accept as legitimate rules that they do not themselves accept as fully just.
Ernie, for example, does not agree with the liberal philosophy held by the
majority, nor does he accept the fundamental worldview (the Christian religion)
that the majority of other citizens use to ultimately ground their views. Ernie
is not a part of either of those overlapping conceptions. He is, however, part
of the crucial overlapping consensus on the general liberal political
principles and the constitutional arrangements that follow from them.
From
Ernie’s perspective then:
i) Ernie agrees with everyone else about the
liberal principles, and would reject as utterly
illegitimate any deviation from the rights and decision-making processes
enshrined in the constitution. He views rules violating the constitution and its liberal
principles, such as the breaching of basic rights, as illegitimate and to be rightfully
resisted.
ii) Ernie disagrees with the specific
liberal philosophy that is currently reigning as a majority in the
legislature—he thinks the laws enacted from this conception by the majority are
not fully just, in the sense that he
believes a different liberal philosophy is right. He thinks those legislated laws
are, however, legitimate and he agrees to abide by them. Ernie’s acceptance of
the legislated laws is guaranteed by his commitment to the rule-making
procedures set down in the constitution, and it would be a betrayal of these
for Ernie to use his disagreement with the law as an excuse to break the law. Of
course, Ernie is a vocal opponent of many of these laws, and he hopes over time
he can convince others to change their minds, so that his liberal philosophy
will gain a majority in a future legislature, and he will then be able to live
under the protection of rights and duties that he sees as being fully right,
and not only legitimate. In summary, Ernie views locally enacted laws falling outside
his liberal philosophy (but within the liberal principles) as unjust, but
nevertheless legitimate. He disagrees with them vociferously, but acknowledges
he morally ought to obey them.
iii) Ernie does not believe in the fundamental
worldviews held by anyone else in his society. However, those doctrines held by
others do not rule his life. When Amy, Betty, Cathy and David engage with Ernie
in serious political dialogue, they don’t speak from the perspective of their fundamental
worldviews, but rather from their specific liberal philosophy. Since this is a
specification of the general liberal principles that Ernie also
shares, they are speaking to him in a language he can understand and advocating
a position that he can see as reasonable, even if not one that he himself
upholds.
iv) Ernie lives his own life in the legal
structure created by the constitution and the current legislation, through his
own life-plan. Ernie’s life-plan differs from others’ plans for their lives,
but this is seen by everyone as a perfectly fine situation. The political space
created by the current laws and the constitutional protections give him freedom
to follow his life-plan to a substantial degree.
The reason I have sympathy with Rawls’ idea
of political liberalism is that it seems to me that something like the picture
outlined above is actually operative in liberal democracies. That is, I see
myself as someone a lot like Ernie. I have my own life-plan, but I
wouldn’t want to recommend it for anyone but me. I have my own fundamental
worldview or ‘first philosophy’. I think it’s mostly on the right track, but I
don’t think anyone who is sceptical of it is being unreasonable or stubbornly
ignorant. I have my own specific liberal philosophy—it’s basically a welfarist
Lockean political theory. I think laws that depart too far from its classical
liberal rights are unjust, but that doesn’t mean I think I am entitled to
disobey those laws. To the contrary, if the majority of my citizenry vote for a
particular party or policy, then I accept that result as legitimate. That doesn’t
mean I’d accept anything, however. There are laws that could be passed, or
political changes that could happen, that I would think are illegitimate and
unacceptable. These would be laws that violated citizens' most basic rights, or those arising after an illicit seizing of power by a military coup. These fall outside what is allowed by the liberal principles and the constitutional structure I accept.
In other words, Rawls’ theory provides a
sensible account of political positions that I think all of us can understand: it
allows us to distinguish between ‘not something I’d choose’, ‘immoral, ‘unjust’
and ‘illegitimate’, and explains how we can form genuine allegiances and shared
understandings with people from all sorts of diverse fundamental worldviews.
The
Burdens of Judgment and the Fact of Incommunicability
Now all of this opens up two big questions.
One, why should we expect the overlapping consensus on the liberal principles to
arrive and to stay stable over time, from the point of view of each of the fundamental
worldviews? Two, why does each citizen take their allegiance to the liberal principles
as the priority, rather than their specific liberal philosophy?
The key answer to both questions lies in an
awareness of reciprocity—a way in which we realize we are alike to others and
they to us. We all have our fundamental worldviews, whether philosophical,
moral or religious, and we have deep reasons to believe these are true. But we
find that these reasons are, in a very potent sense, incommunicable. We cannot
simply persuade others, with any guarantee of success, into believing our
religion or first philosophy by reporting the certainty that gripped us when we
first read the Bible or Aristotle’s Nicomachean
Ethics. Even if we put those texts into others’ hands, they might not care
to read them. Even if they do, we find there is no guarantee they will be
converted. And even if they are converted, we may find to our dismay that
their newfound beliefs are actually somewhat removed from ours.
What is to explain this perplexing
difficulty in communicating the deepest truths from one person to another? The
answer might be that reasoning and thinking about first principles and
theoretical philosophy is a difficult and ambiguous business. Rawls calls these
difficulties the ‘burdens of judgment’, and probably this is a part of the
picture, at least in terms of why we struggle to get consensus on philosophical truths. But I don’t think we need to commit to this. Many people adopt
their fundamental worldviews on the basis of faith, and the complexities of
abstruse philosophical reasoning have nothing whatsoever to do with their
choices. So I think we should dispense with Rawls’ idea of the burdens of
judgment, and simply appeal to the undeniable fact, apparent to everyone, that
truths about such matters are notoriously difficult to convey. Call this the
‘fact of incommunicability’. We encounter this fact every time we try and
convert someone to our fundamental worldviews—and all the more every time they
try and convert us right back. We feel we are not being unreasonable in
resisting their alleged ‘truths’, and—we reflect—they are surely not being
unreasonable in resisting ours.
The same holds true, though to a more limited
extent, for the specific liberal philosophies. Here again, we witness what apparently reasonable people engaging in good faith with others, sharing their
reasons, but without this giving rise to any shared consensus on whether
justice-as-fairness, left-libertarianism or any other given liberal system of
rights and duties is true.
For these reasons, we cannot expect to
create legitimacy of government by a consensus on fundamental worldviews or on
specific liberal philosophies. Humans are just too darn diverse for this to be
possible. People split into a bewildering plurality of beliefs and values at a
moment’s notice, and resist being reformed into a unity by persuasion,
proselytizing or exhortation. Basic reciprocity requires that we can no more
expect others to be ruled by our fundamental worldview than we ourselves would
be willing to be ruled by their doctrines.
But shared agreement on more basic
principles is possible—indeed, the very same argument given above as to why it
is next to impossible to expect agreement or alignment on fundamental beliefs
itself presses us towards the basic liberal ideas of tolerance, freedom and
equality. Because everyone is different in their fundamental worldviews, and
will remain so, we can all get together and agree on a political system that tolerates
this difference.
If that little argument doesn’t convince you,
then perhaps the point can be made simply through observation. Countless fundamental
worldviews are in fact compatible with liberal principles. We witness this
every day in western liberal democracies. Because we have this level of
agreement—this overlapping consensus—we can agree on much of the substance of a
constitution, namely, the protection of basic rights. But we also know that
laws must be made, governing one way or the other further arrangements, such as
those governing equality of opportunity and distributive justice. As such, we
agree on ways of deciding these issues (for example through majority vote) and
ways of giving each other reasons that they can understand for why they should
adopt our political views. The specific liberal philosophy helps here. If we
make arguments from our own liberal philosophy, then even when we speak to
others who have a different liberal philosophy, we are dealing in concepts
(freedom, equality, fairness, cooperation) that each of us understands. As
such, we can have an overlapping consensus on a group of broad principles, and
upon the procedures determining more specific legislation.
The liberal principles of equality and
liberty are all we agree on. But when combined with the facts of pluralism and
incommunicability, they force us to realise that all we can expect of others is
acceptance of those liberal principles. There is no agreement beyond those principles
(the fact of pluralism) and we cannot expect to produce such agreement either through
argument or reporting about the revealed word of God (the fact of incommunicability). We are in the position of
needing more specific rules than these general principles offer, so we have to
come up with some ways of creating more specific rules notwithstanding the fact that those more specific rules will inevitably
clash with elements of someone’s (perhaps our own) specific liberal philosophy.
Ultimately, the resulting conception of
politics (political liberalism, as Rawls calls it) provides us with a way of holding our own views on what is true and just,
but at the same time believing that our truth—because it is not
communicable—cannot justifiably be a legitimate reason for demanding others
conform to it.
It seems to me that this view really does
help explain what is otherwise very perplexing—namely, that many citizens of
liberal democracies, with very different fundamental worldviews, are able to
genuinely perceive their nation’s laws as legitimate and justified, even when
they in fact disagree with, object to, and vote against those laws.
What
is the relationship between the fundamental worldview and the liberal
principles?
This question may be asked differently. We
might ask—why should we expect an overlapping consensus on general liberal
principles, given the breathtaking diversity of people’s fundamental
worldviews? Why don’t people simply read off what is right and good from their
fundamental worldviews and reject as illegitimate anything that departs from
this specific account?
Rawls is, I think, less than explicit on
this question. He does point out that there is usually a certain amount of ‘slackness’
in fundamental worldviews that make them open to different interpretations. As
such, there will usually be a way of making them compatible with the liberal
principles. Rawls’ argument is probably true, but it only gets us so far.
Saying that Christianity is compatible
with liberal principles is not the same as telling us that all Christians
have compelling reasons to actually
interpret their religion in this way.
So are there such reasons? I won’t go into
any details here, but I think there is much to be said on this question. One
promising answer is that any given fundamental worldview is likely to give general commandments
to value peace, cooperation, respect, dignity and fairness. Given the evident facts
of pluralism and incommunicability, it makes sense to interpret these values in
accord with liberal principles. That is, because everyone is bound to have
different worldviews, and we can’t expect to convert them just by showing them
the Bible/Quran/Nicomachean Ethics, peace and respect for dignity demand that
we show them tolerance, thereby seeing them as free to do their own thing, and
equal with us in their entitlement to do so. Imagine yourself in the position of John Locke, sitting down to pen 'A Letter Concerning Toleration'. As a devout Christian, you look around at the horrific conflict and internecine violence caused by clashes between different religious groups. Whatever Jesus wanted, you think to yourself, he didn't want this. From a Biblically-justified concern with peace and gentleness, then, you are moved to adopt tolerant liberal principles.
Another promising answer is that people that hold a fundamental worldview also
have moral intuitions and feelings about particular situations. Almost every
non-psychopath can feel sympathy and empathy, feel that violence needs a
special justification if it is to be legitimate, and feel the moral pull of reciprocity. As such, ordinary people may
well try to stake out a political philosophy that accords with both their
fundamental worldview and those moral judgments about specific questions (Rawls
calls this a method of ‘reflective equilibrium’). As an example of this, one of my esteemed colleagues at
Griffith University, Associate Professor and Imam Mohamad Abdalla, says that
when he speaks to young Australian Muslims about values, he tells them to take
from Australian culture everything they think is good in it, and to take from
Islam everything they think is good in it. That seems to me perfectly sensible
advice—advice, moreover, that could certainly motivate the alignment of a
fundamental worldview with broad liberal principles of equality, freedom and
tolerance.
There are other ways I think fundamental worldviews could have reasons to
be brought to undergird and commit to liberal principles, but I will not try
the reader’s patience any further—given what has already been a pretty long
discussion.
To sum up, Rawls’ theory of political liberalism offers a useful model of
how it is possible for people with conflicting and irreconcilable fundamental
worldviews to come to genuinely commit to a liberal constitutional structure,
and accept as legitimate laws enacted within that constitutional structure,
even if they view any particular one of those laws as strictly speaking unjust.
A few notes on
reading Rawls
In the foregoing I have renamed a few of
Rawls’s key terms. What Rawls calls a ‘comprehensive doctrine’ I’ve term a ‘fundamental
worldview’. What Rawls calls a specific liberal ‘political conception of
justice’ I’ve called a ‘liberal philosophy’. What Rawls calls a ‘conception of
the good’ I’ve call a ‘life-plan’.
One of the reasons Rawls’ theory of
political liberalism is so difficult is that Rawls developed the position over
a long period of years (from around 1985-1997), shifting what he said as he
responded to reviews and objections. Unfortunately however, Rawls never left us
with a full and comprehensive statement of his views before he died, so his
final position needs to be gleaned from several different sources. A good place
to start is his final article on the subject:
John
Rawls, ‘The Idea of Public Reason Revisited’ The University of Chicago Law Review,
Vol. 64, No. 3 (Summer, 1997), pp. 765-807 (reprinted in the Expanded Edition
of Political Liberalism, Columbia
University Press, 2005, pp. 440-490).
There is some excellent secondary
literature, of course. Two that I found particularly helpful in developing the above account, and that I highly recommend, are:
Wenar, L. (1995).
Political Liberalism: An Internal Critique. Ethics, 106(1), 32-62.
Dreben, B. (2003). On
Rawls and Political Liberalism. In S. Freeman (Ed.), Cambridge Companion to
Rawls (pp. 316-346). Cambridge: Cambridge University Press.
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