The Core Dialectic in John Martin Gillroy's Philosophical Approach to Public Policy
At the heart of John Martin Gillroy's Philosophical-Policy and Legal Design (PPLD) methodology lies what he terms the "core dialectic"—a dynamic, ongoing interplay between two normative forces: process and principle. Far from being an abstract philosophical gesture, this dialectic serves as the moral and epistemological engine of Gillroy's approach to public law and policy design. It fundamentally challenges technocratic policy analysis, especially the dominance of cost-benefit analysis (CBA), and reorients the policy field toward its ethical foundations.
What Is the Core Dialectic?
Gillroy defines the core dialectic as the continuous and interpretive tension between:
Process norms: These are the procedural conventions, institutional expectations, and socially constructed rules through which decisions are made and enforced.
Principles: These are the transcendent or moral ideals that justify and give meaning to those decisions—such as justice, dignity, fairness, and liberty.
The dialectic is not a binary choice between process and principle, but a necessary conversation between them. It asks: How do we align our means with our ends? When does following the proper procedure become ethically bankrupt, and when do noble intentions override democratic legitimacy?
Unmasking the Moral Content of Policy
Gillroy's central claim is that no policy is morally neutral. Technocratic frameworks like CBA disguise this by embedding unexamined moral assumptions—often utilitarian and economistic—within supposedly objective methodologies. The core dialectic makes those assumptions visible.
"Law and policy are not value-free; they are products of a moral dialectic between what we do and what we claim to believe." — Justice and Nature
In this sense, the dialectic is a tool for moral excavation. It enables policymakers to uncover whether their actions genuinely reflect their stated commitments or merely serve institutional inertia.
A Framework for Critique and Design
When policy fails, it often does so because it disrupts the balance of the dialectic:
Overemphasis on process: Think of a legal system that follows due process to the letter while perpetuating injustice.
Overemphasis on principle: Consider a policy imposed in the name of justice but without regard for democratic legitimacy or procedural fairness.
The core dialectic offers a method for diagnosing such failures and rethinking both institutional design and moral aspiration.
Sustaining Democratic Pluralism
Gillroy's dialectic is not a static formula. It is a method of reflective equilibrium, similar to Rawlsian reasoning, that holds space for moral pluralism. In democratic societies, citizens and institutions hold diverse, sometimes conflicting, values. The dialectic enables negotiation between these values, rather than suppressing them beneath a single metric of efficiency or utility.
This makes the core dialectic especially relevant today, in a political culture increasingly shaped by technocratic governance, algorithmic decision-making, and the erosion of moral deliberation.
Summary of the Core Dialectic
Component: Process
Definition: Social norms, conventions, and procedures through which decisions are made and enforced
Example: Legislative hearings, judicial precedent, public comment
Component: Principle
Definition: Moral or ethical ideals that justify and give legitimacy to public action
Example: Justice, equity, liberty, dignity
Component: Dialectic
Definition: The interpretive and evaluative interplay between process and principle
Example: Evaluating whether a surveillance policy respects both due process and privacy
Why It Matters
Gillroy's core dialectic reminds us that public policy is not merely a technical exercise. It is a moral enterprise that requires continuous reflection on both how we act and why we act. Good governance is not about choosing between principle and process, but about engaging them in a continuous conversation that keeps our institutions both legitimate and just.
In an age of moral shortcuts and procedural fatigue, Gillroy offers a rigorous, humanistic vision of policy design—one that demands we remain faithful not only to our ideals but to the ways we pursue them.