Animals in the order of public reason

On a prominent family of views about the justification of legitimate policy-making (public justification views), considerations about the rights and well-being of nonhuman animals can only play a derivative role at best. On these views, these considerations matter only if they can figure in the content of the public reasons that citizens can offer each other. This thesis I call the Indirect View. Some authors have argued that this constitutes a reason to reject the ideal of public justification, or at least to qualify it. It is unclear, however, whether public justification theorists will be persuaded by this. In this paper, I argue that they should. In order to do so, I focus on three justifications of the ideal of public justification that have been offered in the literature (justice, our reactive attitudes, and civic friendship), and contend that none of them supports the Indirect View. In some cases, this is because the value in question (e.g. justice) might indeed be extended to animals. In other cases, this is because there is often a trade-off between the values in play and considerations about the rights and well-being of animals in which the former do not always outweigh the latter.