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Full-Text Articles in Arts and Humanities

A Rawlsian Critique Of The Political Speech Constraints On Charities, Johnny Rex Buckles Jan 2022

A Rawlsian Critique Of The Political Speech Constraints On Charities, Johnny Rex Buckles

FIU Law Review

This Essay analyzes whether the Rawlsian concept of public reason explains the substantive content of the lobbying limitation and the campaigning ban, and, more broadly, the implications of public reason for tax-exempt charities and their political speech. The question is notwhether public reasons—distinct premises and conclusions forming an argument—justify these provisions of law, but whether the political activity limitations of IRC § 501(c)(3) are properly understood to manifest or implement the ideal of public reason itself. Additionally, if these statutory constraints do not embody the ideal of public reason, do they offend it?


Freedom Or Responsibility? On The Unreason Of Public Reason, Mitchell L. Winget Oct 2021

Freedom Or Responsibility? On The Unreason Of Public Reason, Mitchell L. Winget

The Hilltop Review

Abstract: This article argues that the public reason tradition of political normativity is flawed. As a result, I argue for a politically normative approach that rationally justifies morally legitimate political power for democratic political societies from outside the paradigm of public reason. To this end, I propose that neo-Aristotelian virtue theory lends us such a framework. Furthermore, I’ll defend this framework against the objections that such a theory of political normativity is unreasonable and anti-democratic.


Review Of Federico Zuolo's Animals, Political Liberalism And Public Reason, Josh Milburn Sep 2021

Review Of Federico Zuolo's Animals, Political Liberalism And Public Reason, Josh Milburn

Between the Species

No abstract provided.


If Separation Of Church And State Doesn’T Demand Separating Religion From Politics, Does Christian Doctrine Require It?, Samuel W. Calhoun Jan 2019

If Separation Of Church And State Doesn’T Demand Separating Religion From Politics, Does Christian Doctrine Require It?, Samuel W. Calhoun

Washington and Lee Law Review Online

This Essay responds to comments by Wayne Barnes, Ian Huyett, and David Smolin on my prior Article, Separation of Church and State: Jefferson, Lincoln, and the Reverend Martin Luther King, Jr., Show It Was Never Intended to Separate Religion From Politics. Part II, although noting a few disagreements with Huyett and Smolin, principally argues that they strengthen the case for the appropriateness of religious arguments in the public square. Part III evaluates Wayne Barnes’s contention that Christian doctrine requires separating religion from politics.


Natural Law And Agonistic Pluralism, Daniel E. Young Jan 2016

Natural Law And Agonistic Pluralism, Daniel E. Young

Northwestern Review

John Rawls’ account of political liberalism posits the necessity of a metaphysically neutral “public reason” to avoid privileging any comprehensive doctrine in the public square. The natural law tradition has been claimed by some as meeting this standard. However, thinkers such as Tracey Rowland criticize the attempt to make natural law a secular, neutral ground; she believes it must be rooted in an overtly Trinitarian and Christological theology. However, such theological assumptions are not shared by those of other comprehensive doctrines. Chantal Mouffe has also challenged Rawls’ consensus conception, focusing rather on the inevitable ideological conflicts to be found in …


Political Liberalism And The Fate Of Unreasonable People, Fuat Gursozlu May 2014

Political Liberalism And The Fate Of Unreasonable People, Fuat Gursozlu

Touro Law Review

No abstract provided.


Constructing An Ideal Of Public Reason, Lawrence B. Solum Nov 1993

Constructing An Ideal Of Public Reason, Lawrence B. Solum

San Diego Law Review

In deciding to what ideal citizens should aspire in political debate, some people contend that an ideal of political morality should mirror the freedom of expression. This Article undertakes the construction of an ideal of public reason. It begins with an investigation of the term "public reason." The author considers various possibilities for an ideal or normative standard of public reason. As each option is considered, some possible formulations are discarded and additional specifications are added. He concludes with the ideal that is constructed through this process of elaboration, evaluation, and elimination.