Abstract
At the center of Rawls’s work post-1980 is the question of how legitimate coercive state action is possible in a liberal democracy under conditions of reasonable disagreement. And at the heart of Rawls’s answer to this question is his liberal principle of legitimacy. In this paper I argue that once we attend carefully to the depth and range of reasonable disagreement, Rawls’s liberal principle of legitimacy turns out to be either wildly utopian or simply toothless, depending on how one reads the ideal of reciprocity it is meant to embody. To remedy this defect in Rawls’s theory, I␣undertake to develop the outlines of a democratic conception of legitimacy, drawing first on Rawls’s generic conception of legitimacy in The Law of Peoples and second on a revised understanding of reciprocity between free and equal citizens. On this revised understanding, what free and equal citizens owe one another is not reciprocity in judgment, but reciprocity of interests.
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David A. Reidy, J.D. (Indiana University-Bloomington), Ph.D. (Philosophy, University of Kansas) is Assistant Professor of Philosophy at the University of Tennessee. He works in political philosophy and philosophy of law. He has published essays in journals such as Political Theory, Journal of Social Philosophy, Res Publica, Southern Journal of Philosophy, Public Affairs Quarterly, Polis, Journal of Value Inquiry, Kantian Review, Economics and Philosophy, Legal Studies Forum, as well as in various anthologies. He is the co-editor (with Mortimer Sellers) of Universal Human Rights: Moral Order in a Divided World (Rowman and Littlefield, 2005) and (with Rex Martin) of A Realistic Utopia: Essays on Rawls’s ‘The Law of Peoples’ (Blackwell, forthcoming 2005).
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Reidy, D.A. Reciprocity and Reasonable Disagreement: From Liberal to Democratic Legitimacy. Philos Stud 132, 243–291 (2007). https://doi.org/10.1007/s11098-005-2216-6
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DOI: https://doi.org/10.1007/s11098-005-2216-6