Critical Thinking Example: Overlapping Consensus

This is the presence of a stable, just free and equal society with a diverse range of citizens through the application of the German philosophy interpretation or simply Kantian interpretation of justice among the citizen as fair for the purpose of the political activities in the society. This is a simple definition of overlapping consensus by Rawls. It is made up of a mutual understanding by the existing diverse, comprehensive doctrines that all the citizens of a country have the freedom to follow their own opinions on what they conceive to be good or right within the framework of the political society they live in. In a society, political power is used justifiably in a liberal society when it is exercised with the justice to the citizens first. Under overlapping consensus, different citizens support different political concepts due to their own personal reasons. Having in mind that the content of a political concept is free standing, this gives room for it to form a module that can fit into a wide range of views that the citizen can associate with. In an overlapping consensus, each citizen with the ability to reason out with this module in their own perspective.

Below is a good example of this case, a quotation from the second Vatican Council of the Catholic Church. It shows how a comprehensive doctrine and in this case Catholicism affirms the discussed components of a liberal political conception from its own perspective:

This Vatican Council declares that the human person has a right to religious freedom. This freedom means that all men are to be immune from coercion on the part of individuals or of social groups and of any human power, in such wise that in matters religious no one is forced to act in a manner contrary to his own beliefs. Nor is anyone to be restrained from acting in accordance with his own beliefs, whether privately or publicly, whether alone or in association with others, within due limits. The council further declares that the right to religious freedom has its foundation in the very dignity of the human person, as this dignity is known through the revealed Word of God and by reason itself. This right of the human person to religious freedom is to be recognized in the constitutional law whereby society is governed and thus it is to become a civil right. (1965, art. 2)

From the Catholics doctrine, it is evident that they support religious freedom to all with reasons from their own. But we also find the Islamic religion and other different religions out there may also agree to this doctrine although with their own internal reasons, unlike the Catholic internal reasons. So, looking at this in the overlapping consensus perspective all the other religions or comprehensive doctrine will agree on this law on religious freedom despite their different reasons behind the agreement. The same applies to the citizens and the different legal policies imposed by the liberal society. Various residents with the possibility to think and comprehend reasoning in a variety of ways agree to the different policies not because of similar reasons but the reasons happen to be personal. As seen by Rawls overlapping consensus is the most stable form of free society.

A current situation that fits overlapping consensus around the world is the issue in Kenya where the government banned the use of plastic bags. Citizen seems to have agreed to the new policy due to different reasons, but the evidence is that the passing of the policy by the government of the country. The policy stated that by the 28th of August all the use of plastic bags in the country should end and in case one is found using any they will be charged by the court of law. According to the Act:

Any person who contravenes against any provision of this Act or of regulations made thereunder for which no other penalty is specifically provided is liable, upon conviction, to imprisonment for a term of not less than one year but not more than four years, or to a fine of not less than two million shillings [about US$19,417] but not more than four million shillings [about US$38,835], or to both such fine and imprisonment[,] or to both such fine and imprisonment. (Environmental Management and Co-ordination Act, No. 8 of 1999, 144 (Jan. 14, 2000)

As seen the citizens have agreed to the policy but their motivational reasons may different since the policy may be affecting them differently as well as their understanding of the policy differs. This is a good example of overlapping consensus on a current issue around the world.

Reference

Juma, L. (2000). Environmental Protection in Kenya: Will the Environmental Management and Co-ordination Act No. 8 (1999) Make a Difference. SC Envtl. LJ, 9, 181.

Vatican Council II, 1965, Dignitas Humanae (Declaration on Religious Freedom), in Documents of Vatican II, W. Abbott (ed.), New York: Herder and Herder, 1966.