The Idea of “Free Public Reason”
作者:
CATHERINE AUDARD,
期刊:
Ratio Juris
(WILEY Available online 1995)
卷期:
Volume 8,
issue 1
页码: 15-29
ISSN:0952-1917
年代: 1995
DOI:10.1111/j.1467-9337.1995.tb00194.x
出版商: Blackwell Publishing Ltd
数据来源: WILEY
摘要:
Abstract.In this paper the nature and the role of Rawls's idea of a “free public reason” are examined with an emphasis on the divide between the private and the public spheres, a divide which is the hallmark of a liberal democracy. Criticisms from both the so‐called Continental tradition and the Communitarian opponents to liberalism insist on the ineffectiveness of such a conception, on its inability to establish a political consensus on democracy. But it would be a mistake to see a contractarian theory of justice, such as Rawls's justice as fairness, as grounding the social contract in a public use of reason. Such a contract would indeed be susceptible to endless conflicts and renegotiations and would never achieve consensus. Therefore, a distinction must be made between the values of justice that are present in and through the “original” contractual position and the that regulate the public sphere and guarantee its
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