Tradition and the Limiting Tradition

The Difficulties of Shaping a Pluralist Justice

© 2002 Clifton D. Healy

 

John Rawls in "The Idea of Public Reason Revisited"1 posits that communities with irreconcilable comprehensive doctrines can yet agree on publicly reasoned conceptions of justice. Alasdair MacIntyre, however, in Whose Justice? Which Rationality?2 is less sanguine. While MacIntyre acknowledges that different traditions (analogous to Rawls' comprehensive doctrines) may find points of recognition, though not necessarily agreement, between themselves, these traditions are not likely to change without some point of crisis which necessitates a resolution for which a tradition's own resources do not provide. I will argue along the lines of MacIntyre's argument that the U. S. as a pluralist liberal democracy is in crisis, that Rawls' conception of a pluralist constitutional democracy can provide at best only a thin vision of justice, but that given such a "traditionless tradition" which pluralist societies must maintain, such a thin justice is the best for which one may hope.

Rawls describes public reason as the "idea of the politically reasonable addressed to citizens as citizens."3 Public reason, he notes, has a definite structure with five different aspects:

He further explains that public reason is public in three ways: "as the reason of free and equal citizens, it is the reason of the public; its subject is the public good" in matters of justice related to "constitutional essentials and matters of basic justice;" and finally, it is public reason in that "its nature and content are public, being expressed in public reasoning by a family of reasonable conceptions of political justice reasonably thought to satisfy the criterion of reciprocity."5 In summary, it is public reason in that it shares the common concepts of political understanding, actions, procedures, institutions, and values to which citizens of a pluralist constitutional democracy adhere.

But Rawls is careful to limit public reason. It does not hold for all venues of citizen activity. He writes, "It is imperative to realize that the idea of public reason does not apply to all political discussions of fundamental questions, but only to discussions of those questions in what I refer to as the public political forum."6 He draws a distinction between this public political forum and what he calls "the background culture."7 This is the pluralistic culture of civil society, which is not "guided by any one central idea or principle, whether political or religious,"8 but is rather the "many and diverse agencies and associations with their internal life [which] reside within a framework of law that ensures the familiar liberties of thought and speech, and the right of free association."9 This background culture, then, is bounded by the pluralist political structure, as a sort of core of a sphere. Its pluralistic nature, as I will argue below, is such that it is significantly political (as opposed to moral, religious or philosophical) and serves the larger political sphere.

With the idea of public reason and that of the background culture are viewed together, it becomes clearer what the role of a particular citizen is in a given liberal political society. It is also clear what role comprehensive doctrines play and to what degree they are operative in a pluralist democracy. Rawls writes:

Which clearly highlights that one's comprehensive doctrine is, in the political arena, always to be outweighed by public reason, if such a doctrine, or its components, in some way contradict or inhibit public reason, and more specifically, the public idea of justice.

In effect, then, whatever one's comprehensive doctrine, whatever the necessities or dictates of public reason and one's political economy, one must subsume one's comprehensive doctrine under the rubric of the political. This is little more than the privatizing of comprehensive doctrines (religious, secular, philosophical, etc.) which conflict with public reason in the political sphere. One example Rawls provides is that of Catholics and abortion.11 When a hotly debated issue, such as abortion, cannot find a consensus in the public arena, then citizens vote on the matter. Assuming that such a vote is undertaken in full compliance with just and fair laws, then the outcome of such a vote is to be seen as legitimate. Rawls does not equate legitimacy with truth. Indeed the outcome of a particular vote may be in some sense, wrong. But it is to be held as legally binding assuming a fair and just vote. Some, such as Roman Catholics, may reject the legitimacy of such an vote, on moral, if not legal grounds. They may attempt to persuade other citizens of the injustice of abortion. But they may fail to do so, and the vote may be in favor of granting abortion rights to women. Rawls argues, and I agree, that Catholics are not then justified to use force to change the law or a person's decision regarding abortion. But when Rawls says, "But they need not themselves exercise the right to abortion,"12 he reveals what I will call a thin view of justice. This is a sort of majoritarian view of justice that may run counter to a more (actually) just political outcome. He goes on to show the privitization of comprehensive doctrines which do not obtain within the arena of public reason:

This is the sort of view that states, in effect, what one does on one's "own time" is fine, just so long as no one gets hurt.

My point is not to argue for or against the merits of legalized abortion. Rather, it is to note that in Rawls' conception there is a sort of corrosive effect of pluralism's thin tradition. If pluralist justice is that justice which can be articulated in terms which are conducive to public reason, which is to say, in terms to which everyone can agree, then such a justice is a thin one in that it only entails one's public or legal life and does not address the larger sphere in which one lives.

In fact, Rawls cannot limit comprehensive doctrines to what he calls background culture, given that his description ensures background culture supports and promotes public reason. Essentially, comprehensive doctrines are even further removed from the public arena insofar as they contradict or in some way are opposed to public reason.

Rawls' concept of comprehensive doctrines are analogous to MacIntyre's concept of traditions. Both are pervasive views of reality. Both have concepts of reason and justice which their adherents bring to public debate and action. Both may have points of contact at which they meet and may dialogue with other traditions or comprehensive doctrines. Both also have points of incommensurability.

It is at this point of incommensurability that MacIntyre provides a helpful counterpoint to Rawls. For as to the limits to which a comprehensive doctrine or tradition may legitimately bring its understanding to bear within the public arena, MacIntyre's views are rather different. First, like comprehensive doctrines, traditions have an all-encompassing purview. But this totalizing framework is not impervious. Rather, it may be critiqued both from without and from within. As MacIntyre writes:

That is to say, traditions are for the most part monolithic. That is to say, one does not adhere to two traditions at the same time. As he writes, "The assumption underlying its use is that there is one and one overall community of enquiry, sharing substantially one and the same set of concepts and beliefs."15 One may hold certain views which are different in some degree than the tradition in which one finds oneself, but nonetheless adheres to the fundamental agreements and terms of debate. Even so, however, traditions do develop and eventually meet challenges which they cannot immediately resolve. The ensuing crisis, whether recognized as such or not, allows for internal and external debates which may further shape the tradition.

MacIntyre, thus, assumes three stages in the life of a tradition:

If the tradition is revised in such a way so as to successfully meet the challenge (which terms of success are determined from within the tradition) then it is vindicated.17 If it successfully meets this challenge, it grows and matures.18 But such an outcome cannot be known ahead of time. As MacIntyre writes, "It is also part of the nature of traditions that their adherents cannot know in advance, whatever their own convictions or pretensions may be, how and in what condition their tradition will emerge from such conflicts and encounters."19 In other words, a tradition may not successfully meet the challenge and may collapse or take on the shape of a tradition external to it. MacIntyre pictures such a debate in these terms:

But to be able to point to something external to one's own framework one must be able to find points of contact. If they cannot, then the challenge becomes one of the relativism of all traditions or its corollary of perspectivalism. That is to say, all traditions are equal, and truth claims only have validity within one's tradition, which makes the resolution of crisis within a tradition much more difficult, if not at times impossible. Or valid criticism of an external tradition is impossible "locked" as one is within one's own tradition.

The way around such an impasse is to recognize the narrative, or linguistic basis of traditions. MacIntyre states, "Every tradition is embodied in some particular set of utterances and actions and thereby in all the particularities of some specific language and culture."21 And even more strongly, "The boundaries of a language are the boundaries of some linguistic community which is also a social community."22 That is to say, the structures of a community are bounded and supported by a particular linguistic array, as these communal structures similarly bound and support a language.

It is at the point of language, it seems, that one may find some points of contact with an external tradition, and receive from it resources for resolving the crisis within one's tradition. This is what makes a strong view of tradition such as MacIntyre's one of relative incommensurability and untranslatability. That is to say, so long as there is no apparent crisis within a tradition, its conscious awareness of other traditions, let alone a willingness or need to engage in debate or dialogue, is for all intents and purposes nonexistent. But when those crises occur, whether the debate be internal along shared vocabularies, or with external opponents whose points of contact with one's tradition are fragmentary concepts embedded in a language which share similarities but not perhaps full meanings, it is through the medium of linguistic tools of dialogue that resolutions, if they are to occur, are to come.

I have already hinted in my description and analysis of Rawls' use of comprehensive doctrines that such a view has within itself certain contradictions. These contradictions, I believe, lead to a crisis which cannot be resolved on the basis of its own resources. It seems clear that and I argue that Rawls' conception of a pluralist liberal democracy however imperfect, leads to a state of crisis within its own terms. Part of that crisis, I believe, is due to its own set of fundamental agreements. Rawls posits a public arena in which there is an absence of comprehensive doctrines insofar as they stand opposed to the terms of the debate within public reason. But in MacIntyre's words:

In other words, Rawls constructs a sort of tradition-less tradition, which is, at least according to MacIntyre, highly improbable. Even if this criticism is overstating the case, this at least is clear: Rawls would replace all other traditions, at least in the arena of public reason, with the tradition of a liberal pluralist democracy.

However, if this scenario is the case, even if Rawls allows for citizens to freely choose what it means for an argument to be publicly reasonable, even if they choose certain structures for the benefit of the entire community, insofar as they are to set aside their own comprehensive doctrines they are called on to alienate themselves from those doctrines. Indeed, Rawls' conception of the veil of ignorance under which all citizens select the most just structures and institutions of a society is problematic in that it is impossible. None of us is without a tradition, without a comprehensive doctrine, ill-formed or inconsistently lived though it may be. Even if one were to conceive of oneself as outside of all traditions, one lacks important resources for determining just what is rational and what is just. For the term "rationality" is bounded by one's tradition. As MacIntyre writes:

It is just this sort of scenario of want that I envision for Rawl's "realistic utopia."

It seems clear that Rawls does not view the U. S. as a model for his conception of a fully just society, though perhaps one with the sort of structures and institutions that allow for the development of a more just society. But in any case, it is also clear that the fundamental terms of rationality and justice arising from a pluralist liberal democracy, lead to what I take to be the current crisis in the U. S. democracy.

This crisis has far too many factors to enumerate here. Some may point to the pervasive presence of media and its influence in the public arena. Indeed, Rawls exempts media from certain limitations in his understanding of his public reason. Others will delineate other causes. But one need only highlight a few examples to indicate what sort of state obtains in present U. S. society. There are the Los Angeles race riots of a decade ago, followed by the Cincinnati riots with the last couple of years. One important example, strongly etched on many minds, is the riotous debacle of our last presidential election, with the Florida State Supreme Court and the United States Supreme Court both attempting to apply legislation in ways that would unambiguously and effectively rewrite such legislation and alter the course of the election. One may also cite the issues of gay rights and the heated debates over same-sex unions, and adoption by gay parents.

These are examples and illustrative only of certain aspects of the crisis within the U. S. They reveal, I believe, the weaknesses of a public reason that effectively prohibits alternative traditions of rationality. Justice is ever more reduced to legal remediation to those who can afford it or whom legal counsel believes may serve ideological or remunerative ends as can be witnessed in the ever-growing recourse to the law courts both to seek redress and to change legislation outside the structure of established institutions.

I have attempted to show the problems which I take to be inherent in Rawls' understanding of comprehensive doctrines and their role in the social understanding of and enactment of rationality and justice. MacIntyre's views of the relative incommensurability of traditions I have taken to be the correct one. That is to say, even a relatively thin tradition that one finds in a pluralist democracy is incommensurable with other traditions. Further, I have also come to believe that the pluralist U. S. democracy is in crisis. Pluralism has in the absence of a strong public sense of justice degenerated into what might be called tribalist politics, where various protean groups vie for and wield political power in their own interests, power and interests which are defined and promulgated by the pluralist liberal democracy in which they live..

Though I have analyzed the current U. S. situation as one of crisis, I am not sure I can also articulate the way through to a resolution. One would hope that the end result would be a stronger (or thick) justice which is realized in the daily lives of the least empowered of U. S. citizens. But which tradition, or traditions, can provide those points of recognition through which the thin tradition of pluralist democracy might find its way out of its current crisis? The Buddhist ascetic tradition of the eightfold path is one example, but not one without difficulties. Certainly an asceticism of this type may well serve to rein in the overconsumption of goods and resources to which so many of us U. S. citizens are prone. On the other hand, such an asceticism cannot be imposed hierarchically. Rather, it must grow out of shared narratives within traditions. Another example might be the traditional Christian ethic of koinonia, or community, in which the "least of these", widows, orphans, the poor, were provided for out of the accumulated gifts and resources of the Christian community. Similarly, however, to the degree that such a tradition has become institutionalized, it appears to lose its dynamic force. Even within the various Christian churches in the U. S., such a traditional ethic has itself been largely marginalized in default of a more consumerist ethic. Too, such a traditional ethic as koinonia can only be effective insofar as it arises out of the rich grounding in a narrative tradition.

But the overarching difficulty of these or other suggestions is what I describe as the corrosive effect that a pluralist constitutional democracy has on strong traditions. By marginalizing them in terms of public polity, it effectively eviscerates them of overt social force. They become speech acts of theory as opposed to practical acts of justice; what one would do if one held such beliefs. It is not clear, then, to me whether nor how our pluralistic democracy may resolve its own crisis, on its own terms. In fact, what seems clear is that these "eviscerated and sidelined" traditions are the only agents by which pluralist liberal democracy might find resolution of its crises.

That it will be resolved seems clear from MacIntyre's historical analysis. But even MacIntyre fully admits that one cannot go back and restore a tradition from yesteryear.

In the end, I believe that any resources for change will only come from that amalgam of comprehensive doctrines, or traditions, which obtain today, whether those be religious or nonreligious. That is to say, those comprehensive doctrines and traditions which Rawls would sideline from the public debate, appear to be the only resources, insofar as they may make points of linguistic contact with this pluralist liberal democracy, by which the pluralist liberal democracy may mature. Rather than bar traditions from the debate of public reason, I believe that one should allow their "incommensurable" and "untranslatable" conceptions of rationality and justice into the dialogue. In a Rortian way, one should keep the dialogue going, as this dialogue will allow for the sharing of terms, even if in part, with other traditions. But contra Rorty, the dialogue is not the end, for there is a telos to the discussion, as it is through this exchange that revision of traditions and comprehensive doctrines may take place.


1 Pp. 129-180 in The Law of Peoples, Cambridge: Harvard University Press, 1999.

2 Notre Dame: University of Notre Dame Press, 1988.

3 Rawls, p. 132.

4 Ibid., p. 133.

5 Ibid.

6 Ibid.

7 Ibid., p. 134.

8 Ibid.

9 Ibid.

10 Ibid., pp. 136-137.

11 Ibid., pp. 169-170.

12 Ibid., p. 170.

13 Ibid.

14 MacIntyre, p. 12.

15 Ibid., p. 169.

16 Ibid., p. 355.

17 Ibid., p. 366.

18 Ibid., p. 327.

19 Ibid.

20 Ibid., pp. 169-170.

21 Ibid., p. 371.

22 Ibid., p. 373.

23 Ibid., p. 334.

24 Ibid., p. 367.

25 MacIntyre, p. 54.

 

© 2002 Clifton D. Healy

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