Paul Weithman

In this paper, I shall be concerned with public justification of law in what John Rawls calls "ideal theory." Ideal theory is generally so called because it depends upon idealizing assumptions, such as the assumption of citizens' perfect compliance with laws and principles of justice. A theory can, however, be ideal in another sense of that term. It can identify conditions that must be met for a society to realize various moral or political ideals. I am interested in the conditions under which a liberal democracy realizes what Rawls calls "the ideal of public reason." The nature and role of this ideal in Rawls's thought have remained somewhat obscure. I begin by clarifying them

Rawls says in Political Liberalism that “the focus of an overlapping consensus is [more likely to be] a class of liberal conceptions” than a single one. In conceding that members of the well-ordered society are unlikely to live up to justice as fairness, Rawls would seem to have conceded that they are also unlikely to live autonomously. This is exactly the conclusion some commentators have drawn. I contend that the likelihood of “reasonable pluralism about justice” does not have the implication for Rawls’s project that it is said to have: political autonomy remains available even when such pluralism obtains.