Kevin Vallier

Stephen Darwall’s moral theory explains moral obligation by appealing to a “second-person” standpoint where persons use second-person reasons to hold one another accountable for their moral behavior. However, Darwall claims obligations obtain if and only if hypothetical persons endorse them, despite tying the second-person standpoint to our real-world moral practices. Focus on hypothetical persons renders critical elements of his account obscure. I solve this problem by distinguishing two ideas quietly working in tandem, the hypothetical endorsement of moral norms and the hypothetical recognition of these norms. Hypothetical endorsement is a plausible source of normativity; hypothetical recognition is not. A more plausible account of second-person normativity must combine hypothetical endorsement with actual recognition. I term these alternative conceptions justification and easy publication. To combine justification and easy publication in an account of moral obligation, second-person normativity should be applied first to rules. Following other moral philosophers, I introduce the concept of a “social-moral” rule into an account of moral obligation. Social-moral rules acquire normative force when they are justified for and easily published by the relevant moral community. I conclude that a rule-centric account of second-personality is superior to Darwall’s reason-centric account.

This essay develops a novel account of the distinction between a publicly justified polity and modus vivendi regimes by appealing to the ideal of congruence in public reason liberalism. A fully publicly justified polity is one whose laws are supported by congruent “first-personal” and “second-personal” moral reasons to internalize laws as personally binding on those subject to them. Regimes approach modus vivendi status to the extent that their laws fail to be justified by either type of reason, or where firstpersonal and second-personal reasons fail to justify internalization.