Eberle, Christopher J.. 2011.
"Consensus, Convergence, and Religiously Justified Coercion." Public
Affairs Quarterly. 25(4): 281-303
2.
The Core Components of the Standard, Restrictive View
2.1 Basic Human Worth
- “each human being has a basic
worth”(282): equality, inherent dignity etc.
- this is a function of 3 normative
facts: has great (1-more excellent
than others)) / equal (2) / intrinsic(3- cannot be lacked/reduced
etc.) worth>human well-being
2.2 Justifying Coercion
- basic worth>presumption
against coercion
- moral agent with aims>respect
(not as a manipulated object)>reasons fr coercion
- liberals aren’t
anarchists/hippies: “state coercion is sometimes justified” (283)
- “What is necessary is not that
coercion is supported by some objectively sound argument, not that coercion be justified, but that coercion must be
justified to those who are coerced
- Principle of Justified Coercion
(PJC): “A’s performing coercive act C against any other agent B is morally
permissible only if B has, or would have on due reflection, compelling reason
for A to perform C.” (284)
3.
Consensus Conception of the Standard View
- Due respect for human worth>PJC
- Pluralistic liberal society
with religious freedom>diversely committed population> then
state coercion only justified (to public) by shared secular premises
- Secular: universal, natural,
common; Religious: particular, sectarian, idiosyncratic (285)
- Principle of Religious
Insufficiency (PRI): “religious reasons cannot decisively justify state
coercion in a liberal polity”
- Doctrine of Religious Restraint
(DRR): “citizens and public officials have a moral duty to restraint themselves
from endorsing state coercion that requires a religious rationale”
4.
Two Objections to the Consensus Conception
- A good formulation of the
consensus conception in 8 points mentioned so far(285):
(1) Every human being has basic worth.
(2) Because every human being has
basic worth, state coercion is presumptively wrong.
(3: PJC) The presumption against state
coercion can be overcome only if it can be justified to each coerced human
being.
(4)
State coercion can be justified to each coerced human being in a liberal polity
only by shared, shareable, or accessible reasons.
(5) In a liberal polity, no religious
reason is shared, shareable, or accessible.
(6:
PRI) Hence, state coercion cannot be decisively justified by religious reasons.
(7)
Citizens and public officials ought not support state coercion that they know
to be unjustified.
(8:
DRR) Hence, citizens and public officials should restrain themselves from
supporting state coercion that they know requires decisive religious support.
**EBERLE: 3,4,5 are prob. while 1,2,7 are okay then 6 and 8 :(
4.1
Justifying Coercion by Shared Reasons (4 is
less than compelling)
- 286-287 example of invasion of Afghanistan: supported with non-shared,
diverse spread of “sectarian” (not ecumenical) reasons and no problem of
respect > (
4)
4.2 Are Religious Reasons Shared,
Shareable, or Accesible? (hard to believe 5 is
true)
- Consensus ConceptionÞPRI (no
decisive capacity of religious reason)
- EBERLE: Example of military
violence in war (most brutal state coercion): generally we have a proportionality
justification= P: goods>evils
- EBERLE: “(P) differs in no
relevant epistemic, sociological, or moral respects from at least some
religious claims, and so the differential treatment of religious and secular
reasons pre-supposed by the standard view lacks a principled basis” (288)
- then why proportionality
judgments> religious ones??? Even it
is so complicated and requires knowing all relevant facts indeed almost
impossible: then its epistemic statusL: not
consistent to accept P with such a low epistemic status while L relig. *there can be an other principle irrelevantly of (P) sort of
justification
5.
Gaus’s Convergence Conception (against 4,5)
- a form of standard view
- as different from consensus c.,
despite the commonality of against coercion presumption, he has “no presumption
against non-coercive state action, even when it significantly diminishes the
well-being of its citizens” (289)
- each citizen should have
reasons but not necessarily a shared one (convergence)
- but rejection of only one
subject of L is enough to render it illegitimate (290)
- bec of this (high) his
version is stringent and far more demanding than consensus since ppl can reject
L wt both shared and unshared reasons and L passes moral muster :((!
- He has no problem wt religious
reasons as unshared reasons when
rejecting
- Then a religious reason can
play a decisive role through objection
(291) but in the imposition of a law only wt a religious rationale, bec secular
citizens’ have no sec reasons for L disrespectful to them
- So, “a constrained version of
(PRI): although religious reasons can play a decisive role in defeating
otherwise justified state coercion, religious reasons cannot play a decisive
role in justifying coercion.”
6.
The Convergence Conception and Religious Conviction
- Gaus: mine is a mediating
position, located btw 2 extremes
6.1 Why Religious Believers Need Not
Find Gaus’s Convergence Conception Repellant
- “implicit commitment to the
equal justificatory status of religious and secular reasons” (in defeating
state coercion) (292)
6.2 Positive Religious Reason to Affirm
Gaus’s Convergence Conception
- “many religious believers have
a deep distrust of govt” (293)
- “many believers are politically
active…to protect a way of life that take to be under assault by an ever more
intrusive state”
6.3 Consensus, Education, and Evolution (293-6)
- education as a form of state
coercion: ie evolution X moral well-being of child
- since the taught of both
creationism/evolution is coercion, there will be parents against both of these,
acc to Gaus> “Removal of the topic from school curricula wins by default” (295)
(HE FAVORS SILENCE)
- GAUS: liberal commitment to
non-domination and sanctity of conscienceÞ for
rejection religious reason is enoughÞ no problem @
integrity
6.4 Convergence and Establishment
- Establishment Clause: state may
not affirm any religious truth claim
- Koppelman: if state refrains
from teaching evolution bec of religious reasons of citizens then it affirms
these reasons correctness implicitly (silence case) (296)
- Considering individual
conscience Gaus is more plausible than Koppelman
7.
Critical Questions about the Convergence Conception
- Despite his rejection of 4, 5,
Gaus still accepts PJC (297)
7.1 Is There a Presumption against
Coercion Alone?
- Gaus claims that PJC
distributes an asymmetrical justificatory burden: state coercion must be
justified not the lack of
- Worth/respect>care for
their well-being: not only a presumption against state coercion but also a
presumption against non-coercive yet harmful state action (298)
- “then state inaction that diminishes human
well-being must also be presumptively wrong” (299) (ie. leave vulnerable,
malign neglect) (Henry
Shue, Basic Rights)
- then Gaus is wrong: lack also
should be justified, any state coercion should be (300)
7.2 Can the Convergence Conception
Survive Symmetry?
- Gaus’s asymmetrical construal
of PJC>ie. “silence” not needed to be justified but “creationism” is in
need> “when state coercion cannot be justified, then non-coercion is
justified by default, even if non-coercion is intensely controversial”
- If we adopt a symmetrical
interpretation of PJC, “none of the available policies can be justified to all,
in which case each of the available policies is morally illegitimate” >not
applicable because we must adopt a policy >a good
reason for rejection of the symmetrical construal of PJC(301)
- But because Gaus’s asymmetrical
construal isn’t plausible, tooÞ “we hv good reason to reject (PJC) altogether. It is too
demanding.”
7.3 Concluding Note on Religiously
Justified Coercion after (PJC)
- “If state coercion need not be justified to each of the coerced, then it
is in principle possible that state coercion can be justified by some religious
rationale for which there exists no conclusive secular corroboration.” (301)
- “If we should reject (PJC), we have no good reason to affirm (PRI). From
this, further implications follow: if we have no good reason to affirm (PRI),
then we also have no good reason to affirm (DRR).”(302)
- “a coercive measure that requires a religious
rationale need not be morally defective in any respect.” (302)