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Public Reason*

Published online by Cambridge University Press:  18 June 2009

David Gauthier
Affiliation:
Philosophy, University of Pittsburgh

Extract

Law is the expression of public reason. I want to explicate and justify this assertion, which lies at the core of a normative theory of law. Primarily, I want to focus on the concept of public reason, showing what it is, relating it to private or individual reason, and finding its rationale in that relation. I shall then argue that public reason exhausts the normative space where law may be found. Appealing to public reason, I shall show that the authority that law claims over the judgments and actions of citizens must ultimately be grounded in their own rationality.

Type
Research Article
Copyright
Copyright © Social Philosophy and Policy Foundation 1995

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References

1 Dretske, Fred, Explaining Behavior: Reasons in a World of Causes (Cambridge, MA: MIT Press, 1988), p. 80.Google Scholar

2 That is, a capacity “for expressing indefinitely many thoughts and for reacting appropriately in an indefinite range of new situations” (Chomsky, Noam, Aspects of the Theory of Syntax [Cambridge, MA: MIT Press, 1965], p. 6).Google Scholar

3 Thus, in the words of Harold Brown, “Robinson Crusoe alone on his island… would not be able to achieve rationality” (Brown, , Rationality [London: Routledge, 1988], p. 187).Google Scholar

4 Ibid., pp. 186–87.

5 Hobbes, Thomas, Leviathan (London: Andrew Crooke, 1651), p. 18.Google Scholar

6 Ibid., pp. 18–19.

7 My concern here is to offer an interpretation of Hobbes's account of setting up the reason of a public arbitrator as right reason, which I then use as the basis for understanding public reason as a construction from the individual reasons of the members of society. One might of course object that, whatever Hobbes intended, the first interpretation offers a better account of the role of the arbitrator, so that right reason is a hyperbolic metaphor-and public reason an unnecessary construction. Although I hope that my account of public reason reveals its attractions as a remedy for problems of interaction, I offer no direct argument in this essay to show that rational individuals would find it a necessary, or even a desirable, construction.

8 Baier, Kurt, The Social Roots of Reason and Morality (Chicago: Open Court, forthcoming), ch. 1, section 7.Google Scholar

9 Hobbes, , Leviathan, p. 19.Google Scholar

10 Gibbard, Allan, Wise Choices, Apt Feelings: A Theory of Normative Judgment (Cambridge, MA: Harvard University Press, 1990), p. 56.Google Scholar

11 Hobbes, , Leviathan, pp. 7980.Google Scholar

12 Ibid., p. 24.

13 Ibid., p. 72.

14 Ibid., p. 24.

15 Hobbes, Thomas, English Works, ed. SirMolesworth, Wm., vol. 5 (London: John Bohn, 1841), p. 194.Google Scholar

16 Hobbes, , Leviathan, p. 79.Google Scholar

17 Ibid., p. 87.

18 Ibid., p. 112.

19 Ibid., p. 111.

20 Ibid., p. 1.

21 Ibid., p. 77.

23 Hobbes, , English Works, vol. 5, p. 193.Google Scholar

24 Hobbes, , Leviathan, p. 111.Google Scholar

25 Ibid., p. 137.

26 Ibid., p. 28.

27 Hobbes, , English Works, vol. 5, p. 194.Google Scholar

28 Hobbes, , Leviathan, p. 63.Google Scholar

29 Ibid., p. 80.

30 Ibid., p. 138.

31 Ibid., p. 80.

32 Ibid., p. 138.

34 Ibid., p. 112.

35 But even if the pitfalls in Hobbes's account may be avoided, one might still object (see note 7 above) that public reason is an unnecessary construction.

36 If public reason is limited in scope, might there be other “collective reasons”-other authorized agents whose judgment and will would supplant the judgments and wills of their principals in some matters falling outside the scope of public reason? Or might there be a plurality of “public reasons,” each with its own scope? Perhaps we should think of a federal polity as embodying just such a plurality, or perhaps we should think of the medieval division between temporal and spiritual power as embodying such a plurality. These are important questions, but they fall outside the scope of this essay.

37 Cf. Hobbes, , Leviathan, pp. 87, 111.Google Scholar

38 Dworkin, Ronald, Taking Rights Seriously (Cambridge, MA: Harvard University Press, 1977), p. 151.Google Scholar

39 Hobbes, , English Works, vol. 5, p. 193.Google Scholar

40 But what equity requires is not a matter I can consider here, so in the present context this is a mere assertion.

41 Hobbes, , Leviathan, p. 138.Google Scholar