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Constitutional Law

Ian C Bartrum

2011

Jurisprudence

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Nonpublic Reasons And Political Paradigm Change, Ian C. Bartrum Jan 2011

Nonpublic Reasons And Political Paradigm Change, Ian C. Bartrum

Ian C Bartrum

This article was a contribution to the 2010 Religious Legal Theory symposium held at St. John's Law School.

John Rawls famously argued that citizens in a just democracy have a moral duty to ensure that “the principles and policies they advocate and vote for can be supported by the political values of public reason.” This so-called “duty of civility” obligates us to cast our votes on “constitutional questions and matters of basic justice” for reasons that we can explain in terms of the public good and the “ideals and principles expressed by society’s conception of political justice.” Rawls contrasts these …