: This article considers what contribution the work of John Rawls can make to questions about animal ethics. It argues that there are more normative resources in A Theory of Justice for a concern with animal welfare than some of Rawls's critics acknowledge. However, the move from A Theory of Justice to Political Liberalism sees a depletion of normative resources in Rawlsian thought for addressing animal ethics. The article concludes by endorsing the implication of A Theory of Justice that we (...) look for ways other than rights discourse to respect and protect the well-being of animals. (shrink)

The following theses are defended. Conflict has importantly valuable functions, but we obviously need to limit its destructiveness. The efficacy of reasoning together in resolving or restraining conflict is limited; it needs to be supplemented by procedures such as negotiation, compromise, and voting. Despite the urgency of justice, when the resolution or limitation of a conflict needs to be negotiated, the best attainable outcome will often not seem completely just to all parties, and some claims of justice, as seen by (...) the parties, may need to be subordinated to other moral considerations. (shrink)

Harold Garfinkel: Toward a Sociological Theory of Information. Ed. Anne Warfield Rawls Content Type Journal Article Pages 117-121 DOI 10.1007/s10746-010-9141-1 Authors James Aho, Idaho State University Department of Sociology, Social Work, and Criminal Justice Pocatello ID 83209 USA Journal Human Studies Online ISSN 1572-851X Print ISSN 0163-8548 Journal Volume Volume 33 Journal Issue Volume 33, Number 1.

The contractarian theory elaborated by John Rawls in A Theory of Justice exploits the difference principle in a great many ways. Rawls argues that, when used as part of a set of guiding principles for structuring the basic institutions of society, it simplifies the problem of interpersonal comparisons (91-4)1, helps compensate for the arbitrariness of natural endowments (101-3), promotes a harmony of interests between citizens (104-5), reintroduces the principle of fraternity to democratic society (105-6), and, what is critical to his (...) contractarian theory, it is an essential part of the principles of justice which would be chosen by free, equal, and rational persons in the original position. (shrink)

Are there any coherent and defensible alternatives to liberal democracy? The author examines the possibility that a reformed democratic centralism-the principle around which China's current polity is officially organized-might be legitimate, according to both an inside and an outside perspective. The inside perspective builds on contemporary Chinese political theory; the outside perspective critically deploys Rawls's notion ofa "decent society " as its standard. Along the way, the author pays particular attention to the kinds and degree of pluralism a decent society (...) can countenance, and to the specific institutions in China that might enable the realization of a genuine and/or decent democratic centralism. The author argues that by considering both inside and outside perspectives, and the degrees to which they inter-penetrate and critically inform one another, we can engage in a global philosophy that neither pre-judges alternative political traditions nor falls prey to false conceptual barriers. (shrink)

The theory of justice pioneered by John Rawls explores a simple idea--that the concern of distributive justice is to compensate individuals for misfortune. Some people are blessed with good luck, some are cursed with bad luck, and it is the responsibility of society--all of us regarded collectively--to alter the distribution of goods and evils that arises from the jumble of lotteries that constitutes human life as we know it. Some are lucky to be born wealthy, or into a favorable socializing (...) environment, or with a tendency to be charming and intelligent and persevering and the like. These people are likely to be successful in the economic marketplace and to achieve success in other important ways over the course of their lives. On the other hand some people are, as we say, born to lose. Distributive justice stipulates that the lucky should transfer some or all of their gains due to luck to the unlucky. (shrink)

According to Rawls, the principles of justice are principles that determine a fair resolution of conflicts of interest among persons in a society. “A set of principles is required for choosing among the various social arrangements which determine this division of advantages and for underwriting an agreement on the proper distributive shares” (p. 4). Different interpretations or conceptions of justice fill out this core concept; a theory of justice seeks a best conception. Justice takes priority over other normative claims—as Rawls (...) states, justice is the “first virtue of social institutions.” The principles of justice are principles to regulate what Rawls calls the “basic structure of society,” that is, the way in which the major social institutions distribute fundamental rights and duties and determine the division of advantages from social cooperation” (p. 6). Why focus on the basic structure? “The basic structure is the primary subject of justice because its effects are so profound and present from the start. The intuitive idea here is that this structure contains various social positions and that men born into different positions have different expectations of life determined, in part, by the political system as well as by economic and social circumstances. In this way the institutions of society favor certain starting places over others. These are especially deep inequalities. Not only are they pervasive, but they affect men’s initial chances in life; yet they cannot possibly be justified by an appeal to the notions of merit or desert. It is these inequalities, presumably inevitable in the basic structure of any society, to which the principles of social justice must in the first instance apply” (p. 7). (shrink)

The critique of utilitarianism forms a crucial subplot in the complex analysis of social justice that John Rawls develops in his first book, A Theory of Justice.1 The weaknesses of utilitarianism indicate the need for an alternative theory, and at many stages of the argument the test for the adequacy of the new theory that Rawls elaborates is whether it can be demonstrated to be superior to the utilitarian rival. The account of social justice shifts in the transition to Rawls’s (...) second great book, Political Liberalism. The account of what is wrong with utilitarianism undergoes revision as well. In this essay I examine both the initial critique of utilitarianism and its transformation in Rawls’s later writings. To anticipate my conclusion: Rawls’s proposal that we should maximin rather than maximize leads to an interesting standoff. The argument for maximin is not compelling, but straight additive maximization of the utilitarian sort is revealed to be merely one possible function among many, any of which (for all we know) correct morality might instruct us to maximize. Rawls further urges that utilitarianism goes astray in taking the maximandum, the thing to be maximized, to be utility rather than primary social goods. The argument for primary social goods is not compelling, but it does not follow that utility alone is to be maximized. The espousal of the ideal of legitimacy in Political Liberalism does not affect these conclusions, and the arguments.. (shrink)

What is the best standard of interpersonal comparison for a broadly egalitarian theory of social justice?1 A broadly egalitarian theory is one that holds that justice requires that institutions and individual actions should be arranged to improve, to some degree, the quality of life of those who are worse off than others, or very badly off, or both.2 I shall add the specification that to qualify as broadly egalitarian, the theory must in some circumstances require action to aid the worse (...) off or very badly off even when such action would not maximize the aggregate sum of utility, welfare, or well-being. Any such view needs a standard of interpersonal comparison that allows us to distinguish better off from worse off persons. Recently two types of standard have attracted adherents. One is the resource-oriented approach developed by John Rawls and others, and the other is the capability approach associated with the work of Amartya Sen and Martha Nussbaum.3 Rawls has affirmed that the proper measure is an index of primary social goods, flexible, multi-purpose resources such that any rational person wants more rather than fewer of them. (shrink)

This essay disputes G. A. Cohen's claim that John Rawls's argument for the difference principle involves an argument from moral arbitrariness to equality and then an illicit move away from equality. Moreover, the claim that an argument from moral arbitrariness establishes equality as the essential distributive justice ideal is found wanting.

According to John Rawls, "Justice is the first virtue of social institutions."1 Like Gaul, justice is tripartite. Rawls affirms an Equal Liberty Principle that guarantees equal basic or constitutional liberties for all citizens and a Difference Principle that requires inequalities in the distribution of certain social and economic benefits, the primary social goods, to be set so that the long-term holdings of primary social goods are maximized for the citizens whose holdings are least. Sandwiched between these two principles is a (...) Fair Equality of Opportunity Principle, which has stimulated much less commentary.2 Yet this Principle is plausible, controversial, and has radical implications for the design of social policy and legislation in modern democracies. This essay assesses Fair Equality of Opportunity and offers reasons for rejecting it. (shrink)

Rawls's difference principle contains a certain normative ambiguity, so that opposing views, including strong inegalitarian ones, might find a home under it. The element that introduces this indeterminacy is the absence of an explicit reference to time . Thus, a society that agrees on the difference principle as the proper justification of basic political-economic institutions, might nevertheless disagree on whether their specific institutions are justified by that principle. Such disagreement would most often centre on issues of fact: will a more (...) egalitarian policy in fact prioritize the least well off or will a more libertarian policy do so? But facts are not the only possible points of contention. According to the fundamental indeterminacy, considering merely the sum of advantages to the least well off, the difference principle is indifferent among different flows of equal income over time. It cannot adjudicate among more or less unequal distributions across social groups when the sum income of the least advantaged group is constant. The fundamental indeterminacy lies at the bottom of three derivative indeterminacies: an adequate future discount rate, an acceptable absolute minimum, and a reasonable time interval. These might form the basis of political disagreement among self-proclaimed endorsers of the difference principle of left and right over the way the principal social-economic institutions ought to be structured and the distributions that ensue. Key Words: Rawls • equality • incentives • future discount rate • primary goods • well-being. (shrink)

In this paper I reconstruct and defend John Rawls' The Law of Peoples, including the distinction between liberal and decent peoples. A “decent people” is defined as a people who possesses a comprehensive doctrine and uses that doctrine as the ground of political legitimacy, while liberal peoples do not possess a comprehensive doctrine. I argue that liberal and decent peoples are bound by the same normative requirements with the qualification that decent peoples accept the same normative demands when they are (...) reasonably interpreted and from their comprehensive doctrine, not from political liberalism. Normative standards for peoples appear in a law of peoples in two places: as internal constraints carried forward from political liberalism which regulate domestic affairs and as principles derived from a second original position that provide the normative ground for a society of peoples. This first source of normative standards was unfortunately obscured in Rawls' account. I use this model to defeat the claim that Rawls has accommodated decent peoples without sufficient warrant and to argue that all reasonable citizens of both liberal and decent peoples would accept the political authority of the state as legitimate. Although my reconstruction differs from Rawls on key points, such as modifying the idea of decency and rejecting a place for decent peoples within a second original position, overall I defend the theoretical completeness of political liberalism and show how a law of peoples provides reasonable principles of international justice. (shrink)

While Okin's feminist appropriation of Rawls's theory of justice requires that principles of justice be applied directly to the family, Rawls seems to require only that the family be minimally just. Rawls's recent proposal dulls the critical edge of liberalism by capitulating too much to those holding sexist doctrines. Okin's proposal, however, is insufficiently flexible. An alternative account of the relation of the political and the nonpolitical is offered by Jürgen Habermas.

Part I distinguishes epistemic and choice democracy, attributing the first to the Rawls of A Theory of Justice but arguing that the second is more justifiable. Part II argues that in comparison with the difference principle, three principles — equal participation in choice democracy, no subordinating purpose, and a just wants guarantee — constitute a more rational choice in the original position; and that they better provide all the benefits claimed for the difference principle in its comparison with either average (...) utilitarianism or restricted average utilitarianism (the mixed conception). Part III, despite noting that my conclusions in Part II can all be reached within the Rawlsian framework, suggests that finding the basis of equality in the presuppositions of communicative action rather than in the existence of the two basic moral powers is more conducive to the affirmative conclusions of Parts I and II. It argues that Rawls' conclusions represented in part his not fully carrying out the break with Kant that he identified himself as making. Key Words: communicative action • democracy • difference principle • distribution • equality • just wants • Immanuel Kant • liberal neutrality • John Rawls • social minimum • subordination • toleration. (shrink)

This article argues that Honneth’s ‘plural conception of justice’, founded on a theory of recognition, does not succeed in distancing itself from Rawls’ liberal theory of justice. The article develops its argument by evaluating three major objections to Rawls’ liberalism raised by Honneth in his recent articles on justice: namely, first, that the parties responsible for choosing principles of justice are too individualistic and their practical reasoning too instrumentalist; second, that by taking as its ‘object-domain’ the negative liberty of persons, (...) Rawls’ theory fails to promote the actual realization of liberty; and finally, that Rawls’ method of principle justification undermines the ‘priority’ of its Kantian ‘formality’ by presupposing a substantive commitment to a conception of individual good. Arguing that Honneth’s interpretation of Rawls’ theory contains important errors, the article concludes that both theories share the basic intention of securing for all citizens the material and institutional conditions for the actualization of otherwise merely formal liberties or, in Honneth’s terms, mutual self-realization. (shrink)

In this paper, I offer an immanent critique of John Rawls's theory of justice which seeks to show that Rawls's understanding of his theory of justice as criteriological and contractarian is ultimately incompatible with his claim that the theory is grounded on the primacy of the practical. I agree with Michael Sandel's observation that the Rawlsian theory of justice rests on substantive metaphysical and epistemological claims, in spite of Rawls's assurances to the contrary. But while Sandel argues for even more (...) substantive metaphysical and epistemological commitments, I argue in the opposite direction. Following J. G. Fichte, I argue for a normative theory of society, not based on some particular notion of the good or on some contentious account of what all reasonable persons would agree to, but based only on the radical primacy of the practical, that is, based only on the seemingly empty premise that free beings - precisely because they are free - cannot be imagined in advance as all agreeing to any particular thing at all. Key Words: contractualism • J. G. Fichte • primacy of the practical • Rawls. (shrink)

John Rawls has recently shifted to a "freestanding" or "political" liberalism from his earlier "comprehensive" and "moral" liberalism. I argue that this move is based on several key features that make Rawlsian liberal pluralism indelibly postmodern. Two of the more obvious features are the denial of foundationalism and the rejection of a truth status for public-sphere justifications of the basic political structure. In conclusion, I suggest that a late-modern postliberalism is a viable alternative.

It is widely acknowledged that low-income and minority communities in liberal democratic societies suffer a disproportionate burden of environmental hazards. Is “environmental injustice” a necessary feature of liberal societies or is its prevalence due to the failure of existing liberal democracies to live up to liberal principles of justice? One leading version of liberalism, John Rawls’ “justice as fairness,” can be “extended” to accommodate the concerns expressed by advocates of environmental justice. Moreover, Rawlsian environmental justice has some significant advantages over (...) existing conceptions of environmental justice. (shrink)

It is widely acknowledged that low-income and minority communities in liberal democratic societies suffer a disproportionate burden of environmental hazards. Is “environmental injustice” a necessary feature of liberal societies or is its prevalence due to the failure of existing liberal democracies to live up to liberal principles of justice? One leading version of liberalism, John Rawls’ “justice as fairness,” can be “extended” to accommodate the concerns expressed by advocates of environmental justice. Moreover, Rawlsian environmental justice has some significant advantages over (...) existing conceptions of environmental justice. (shrink)

It is estimated that there could be 200 million‘environmental refugees’ by the middle of this century. One major environmental cause of population displacement is likely to be global climate change. As the situation is likely to become more pressing, it is vital to consider now the rights of environmental refugees and the duties of the rest of the world. However, this is not an issue that has been addressed in mainstream theories of global justice. This paper considers the potential of (...) two leading liberal theories of international justice to address the particular issues raised by the plight of potential and actual environmental refugees. I argue that neither John Rawls’s ‘Law of Peoples’ approach nor Charles Beitz’s `cosmopolitanism' is capable of providing an adequate account of justice in this context. Beitz’s theory does have some advantages over Rawls’s approach but it fails to take proper account of the attachment that some people have to their own ‘home’. (shrink)

In his paper, “The Relevance of Rawls’ Principle of Justice for Research on Cognitively Impaired Patients” (Theoretical Medicine and Bioethics 23 (2002):45–53), Giovanni Maio has developed a thought-provoking argument for the permissibility of non-therapeutic research on cognitively impaired patients. Maio argues that his conclusion follows from the acceptance of John Rawls’s principles of justice, specifically, Rawls’s “liberty principle” Maio has misinterpreted Rawls’s “libertyprinciple” – correctly interpreted it does notsupport non-therapeutic research on cognitivelyimpaired patients. Three other ‘Rawlsian’ arguments are suggested by (...) Maio’s discussion –two “self-respect” arguments and a “presumed consent” argument – but none of them are convincing. However, an alternative argument developed from Rawls’s discussion of “justice in health care” in his most recent book, Justice as Fairness: A Restatement, may justify certain kinds of non-therapeutic research on some cognitively impaired patients in special circumstances. We should not expect anything more permissive from a liberal theory of justice. (shrink)

The dissertation defends that the often-assumed link between constructivism and universalism builds on non-constructivist, perfectionist grounds. To this end, I argue that an exemplary form of universalist constructivism – i.e., O’Neill’s Kantian constructivism – can defend its universalist commitments against an influential particularist form of constructivism – i.e., political liberalism as advanced by Rawls, Macedo, and Larmore (I show why this is a particularist form of constructivism) – only if it invokes a perfectionist view of the good. Contrary to what (...) is often assumed, then, at the level of a vindication of the very project of a universalist constructivism, universalist constructivists should construe perfectionists not as their opponents, but as partial, though uneasy, allies. (shrink)

(In German.) The book addresses Rawls's post-1985 political liberalism. His justification of political liberalism -- as reflected in his arguments from overlapping consensus -- faces the problem that liberal content can be justified as reciprocally acceptable only if the addressees of such a justification already endorse points of view that suitably support liberal ideas. Rawls responds to this legitimacy-theoretical problem by restricting public justification's scope to include reasonable people only, while implicitly defining reasonableness as a substantive liberal virtue. But this (...) virtue-ethical grounding of political liberalism is itself unreasonable. The phenomenon of disharmony of practical reason gives the reasonable reasons to take it that political legitimacy does not obtain if and where moral-political principles are acceptable from their point of view only. (shrink)

The concept of reasonableness is essential to John Rawls’s political liberalism, and especially to its main ideas of public reason and liberal legitimacy. Yet the somewhat ambiguous account of reasonableness in Political Liberalism has led to concerns that the Rawlsian distinction between the reasonable and the unreasonable is arbitrary and ultimately indefensible. This paper attempts to advance a more convincing interpretation of reasonableness. I argue that the reasonable applies first to citizens, who then play an important role in determining which (...) comprehensive doctrines and political conceptions of justice are reasonable. In addition, while Rawls fails to specify explicitly the meaning of the reasonable in his standard of political justification (i.e. the liberal principle of legitimacy based on the criterion of reciprocity), I offer an interpretation of what it means for citizens to present reasonable claims and arguments to one another in public reason. (shrink)

Is it permissible for a citizen or political official to exercise coercive political power on the basis of a political justification associated with a religiously motivatedconception of justice? In this paper I accept John Rawls’s general approach to this question, but attempt to show how the Rawlsian approach is more inclusive ofreligious reasoning than many have supposed. My paper focuses specifically on the 1986 Catholic bishops’ pastoral letter on the U.S. economy. The bishops’ letter is certainly part of what Rawls (...) calls a “comprehensive doctrine.” But, as I argue in the paper, the letter is also consistent with political liberalism’s core idea of reasonableness, supports a reasonable political conception of justice and satisfies the Rawlsian “proviso” concerning the public-political use of religious argument. From the standpoint of political liberalism, the bishops’ letter may be interpreted as a form of public reason. (shrink)

Political parties have only recently become a subject of investigation in political theory. In this paper I analyse religious political parties in the context of John Rawls’s political liberalism. Rawlsian political liberalism, I argue, overly constrains the scope of democratic political contestation and especially for the kind of contestation channelled by parties. This restriction imposed upon political contestation risks undermining democracy and the development of the kind of democratic ethos that political liberalism cherishes. In this paper I therefore aim to (...) provide a broader and more inclusive understanding of ‘reasonable’ political contestation, able to accommodate those parties (including religious ones) that political liberalism, as customarily understood, would exclude from the democratic realm. More specifically, I first embrace Muirhead and Rosenblum’s (Perspectives on Politics 4: 99–108 2006) idea that parties are ‘bilingual’ links between state and civil society and I draw its normative implications for party politics. Subsequently, I assess whether Rawls’s political liberalism is sufficiently inclusive to allow the presence of parties conveying religious and other comprehensive values. Due to Rawls’s thick conceptions of reasonableness and public reason, I argue, political liberalism risks seriously limiting the number and kinds of comprehensive values which may be channelled by political parties into the public political realm, and this may render it particularly inhospitable to religious political parties. Nevertheless, I claim, Rawls’s theory does offer some scope for reinterpreting the concepts of reasonableness and public reason in a thinner and less restrictive sense and this may render it more inclusive towards religious partisanship. (shrink)

Some philosophers, such as Kai Nielsen, view Rawls's rejection of metaphysical claims, encapsulated in his method of avoidance, as being compatible with the "anti-philosophical" stance, the view that metaphysical debates are sterile and should be abandoned to be replaced by practically viable forms of thinking. This paper shows that this reading of the method of avoidance is incorrect and argues that the method of avoidance is in fact comparable to Carnap's higher-order standpoint of neutrality with regards to different frameworks. This (...) sheds new light on Rawlsian theory and situates it within the empiricist tradition. (shrink)

the issue of liberal neutrality, a topic suggested by the work of Catharine MacKinnon. I discuss two kinds of neutrality: neutrality at the level of justifying liberalism itself, and state neutrality in political decision-making. Both kinds are contentious within liberal theory. Rawls’s argument for justice as fairness has been criticized for non-neutrality at the justificatory level, a problem noted by Rawls himself in Political Liberalism . I will defend a qualified account of neutrality at the justificatory level, taking an epistemic (...) approach to argue for the exclusion of certain doctrines from the justificatory process. I then argue that the justification process I describe offers a justificatory stance supportive of the feminist rejection of state-sponsored gender hierarchy. Further, I argue that liberal neutrality at the level of political decision-making will have surprising implications for gender equality. Once the extent of the state’s involvement in the apparently private spheres of family and civil society is recognized, and the disproportionate influence of a sexist conception of the good on those structures—and concomitant promotion of that ideal—is seen, state neutrality implies substantive change. While—as Susan Moller Okin avowed—Rawls himself may have remained ambiguous on how to address gender inequality, his theory implies that the state must seek to create substantive, not merely formal, equality. I suggest that those substantive changes will not conflict with liberal neutrality but instead be required by it. (shrink)

Rawls’ theory of justice is paradoxical, for it requires a society to aim directly to maximize the basic goods received by the least advantaged even if directly aiming is self-defeating. Rawls’ reasons for rejecting capitalist systems commit him to holding that a society must not merely maximize the goods received by the least advantaged, but must do so via specific institutions. By Rawls’ own premises, in the long run directly aiming to satisfy the difference principle is contrary to the interests (...) of the poor, though it is meant to aid them. -/- . (shrink)

When the Supreme Court in 2003 struck down a Texas law prohibiting homosexual sodomy, it cited the right to privacy based on the guarantee of "substantive due process" embodied by the Constitution. But did the court act undemocratically by overriding the rights of the majority of voters in Texas? Scholars often point to such cases as exposing a fundamental tension between the democratic principle of majority rule and the liberal concern to protect individual rights. Democratic Rights challenges this view by (...) showing that, in fact, democracy demands many of these rights. Corey Brettschneider argues that ideal democracy is comprised of three core values--political autonomy, equality of interests, and reciprocity--with both procedural and substantive implications. These values entitle citizens not only to procedural rights of participation (e.g., electing representatives) but also to substantive rights that a "pure procedural" democracy might not protect. What are often seen as distinctly liberal substantive rights to privacy, property, and welfare can, then, be understood within what Brettschneider terms a "value theory of democracy." Drawing on the work of John Rawls and deliberative democrats such as Jürgen Habermas, he demonstrates that such rights are essential components of--rather than constraints on--an ideal democracy. Thus, while defenders of the democratic ideal rightly seek the power of all to participate, they should also demand the rights that are the substance of self-government. (shrink)

In Political Liberalism and the essay "The Idea of Public Reason Revisited" John Rawls argues that citizens must refrain from introducing sectarian values intopolitical debate over fundamental political questions unless the positions they are endorsing can be supported by public reasons. I will argue that this duty allows for a more limited use of non-public ideas and values than is suggested in Rawls's discussion. ln addition, I will argue that reconciliation between citizens and the reinvigoration of free exchange and debate (...) both call for an extension of this duty to debate over issues that are of immediate concern to citizens. I argue that public reason requires citizens to support only those public policies which can be defended by appeal to liberal political values (values such as comity, social stability, equality, happiness), and to sincerely affirm liberal political values as the ultimate justification of the use of state power to implement the public policies they support. (shrink)

This article analyzes the implications of a particular conception of social justice in education for the policies that have led to significant political controversies in contemporary communities in the United States. Many of these controversies have arisen from the collision between the increasingly multicultural reality in those communities and the accountability system that has during the past decade or so been imposed on the schools by standards-based reformers in the federal and state governments. For this task, the article considers the (...) schools in a hypothetical community in which significant immigration of Latino citizens has occurred. It proposes a theory of social justice in education that uses John Rawls's ideas about political liberalism and an overlapping political consensus in a pluralistic society as a basis for analyzing the normative and factual disagreements in that community. Employing the principles of that theory, the article considers whether the system of accountability that has led to the disagreements is normatively justified and concludes in particular that that system violates both the principles of personal liberty and of equality of educational opportunity in education. It also concludes that a dramatically different system of accountability is required, one in which central political authorities have a responsibility to hold localities accountable for the social justice purposes of education and in which local authorities have a responsibility to design the school curriculum to be genuinely responsive to the diverse cultural interests that children have in their local communities. (shrink)

Rawls's political constructivism in Political Liberalism maintains that the two principles of justice will be accepted and endorsed by persons who are both reasonable and rational. A Theory of Justice explains the motivation to endorse the political conception on the basis of a Kantian moral psychology. Both Leif Wenar and Brian Barry argue that despite Rawls's claims to the contrary, the later work still supposes a Kantian moral psychology. If so, political constructivism fails to account for stability in society among (...) a plurality of reasonable conceptions of good. This paper draws on Rawls's distinction in Political Liberalism between the political and nonpolitical moral sell characterizing each citizens' moral identity in claiming that the two parts of the sell correlate to two sets of motivation, political and moral motivation. This account explains resolution of conflict in the agent in favor of the political conception without invoking a Kantian moral psychology. (shrink)

In this paper, I aim to show that the arguments offered and conclusions at which Rawls aims in his book, The Law of Peoples, are telling as to the intellectual legitimacy of his larger theoretical project. To show this I first investigate how (1) non-liberal peoples fit within the limitations Rawls describes in The Law of Peoples and (2) how liberal peoples would react to such rules. I argue from the answers to these questions to the further conclusion that by (...) spreading the principles and tools of A Theory of Justice and Political Liberalism to the international realm some assumptions implicit in the earlier works come out more clearly. The final section of the paper analyzes some of the implications of the newly exposed assumptions for Rawls's project of liberal justice. (shrink)

In the present essay, I attempt to develop a distinction between moral and political theories of education, inspired by the work of Amy Gutmann. The main idea is that whereas a moral theory of education gives an account of an ideal (or at least good) education, a political theory gives an account of how to structure education in a democracy where there is deep disagreement on what constitutes an ideal (or good) education. Unfortunately, we sometimes speak as though our moral (...) theories can be unproblematically translated into the political realm, but in doing so, we are either being outright undemocratic or we underestimate the significance of the world-view pluralism in modern, liberal democracies. In order for a political theory of education to be democratically acceptable, it must fulfill the criterion of being capable of democratic translation into a society characterized by deep pluralism. (shrink)

provide a plausible alternative to utilitarianism. Rawls gives two kinds of arguments to show that his two principles of justice are more plausible or more nearly correct than utilitarianism. First, he argues that the two principles of justice provide a better match with our 'considered judgments in reflective equilibrium.' Second, he argues that his two principles would be chosen in preference to the principle of utility in 'the original position.' I shall be concerned only with the second of these two (...) arguments in this paper. According to Rawls, people in the original position choose principles on the assumption that whatever principles are chosen will be strictly complied with, i.e., they choose on the assumption that the basic institutions of their society and all of the actions of its members will be in compliance with whatever principles are chosen. (shrink)

Three interlocking features appear to underpin Rawls’s justification of political compliance within the context of political liberalism: namely, a specific territory; a specific society; and a specific conception of what it is to be reasonable. When any one feature is subject to critical examination, while presupposing that the other two are acceptable, Rawls’s argument for political compliance may seem persuasive. But when all three features are critically examined together, his justification of political compliance within political liberalism can be seen to (...) lack cogency. Thus, political compliance fails to be justified by a free-standing political liberalism. Key Words: philosophical anarchism • political duties • political liberalism • political obligation • Rawls. (shrink)

As Rawls's thought evolved from his 1958 article ‘Justice as Fairness’ to the 1996 edition of his book Political Liberalism, his response to the problem of political compliance would seem to have undergone a number of changes. This article critically evaluates the development of Rawls's various explicit or implied arguments that serve to justify compliance to just social arrangements, and concludes that the problem of political compliance remains without any cogent solution within the vast corpus of Rawls's work. Key Words: (...) liberalism • philosophical anarchism • political duties • political obligation • Rawls. (shrink)

This article critically evaluates John Rawls' theory of justice from a naturalistic perspective. The naturalistic approach is increasingly advocated in contemporary epistemology, philosophy of science, and philosophy of logic. Recently this approach has also become more influential in the study of ethics. Based on an experimental study on social justice conducted in Hong Kong, Beijing, and Taipei, this article argues that although Rawls' theory of justice has a naturalistic flavor, it has difficulty in standing up against the scrutiny of empirical (...) tests if he commits himself to a fully fledged naturalistic approach. (shrink)

This paper argues that a comparative study of the idea of a sense of justice in the work of John Rawls and the early Chinese philosopher Kongzi is mutually beneficial to our understanding of the thought of both figures. It also aims to provide an example of the relevance of moral psychology for basic questions in political philosophy. The paper offers an analysis of Rawls’s account of a sense of justice and its place within his theory of justice, focusing on (...) the features of this capacity and how it develops. It then provides an account of the sense of justice in Kongzi’s thought as it is seen in the Analects. Finally, it shows how examining the similarities and differences between the two accounts can deepen our understanding of both views, as well as our appreciation for the importance of understanding how a sense of justice develops. (shrink)

This paper argues that Rawls’ principles of justice provide a normative foundation for stakeholder theory. The principles articulate (at an abstract level) citizens’ rights; these rights create interests across all aspects of society, including in the space of economic activity; and therefore, stakeholders – as citizens – have legitimate interests in the space of economic activity. This approach to stakeholder theory suggests a political interpretation of Boatright’s Moral Market approach, one that emphasizes the rights/place of citizens. And this approach to (...) stakeholder theory – in terms of citizens – raises a further question, what rights and obligations do economic agents have, beyond those attached to their roles as citizens? Rawls would reject additional rights and obligations of this sort for two reasons, one tied to freedom and one tied to pluralism. Rawls’ work therefore presses us to re-conceptualize the place of ethical claims in the economic context. (shrink)

One of the central elements of John Rawls’ argument in support of his two principles of justice is the intuitive normative ideal of citizens as free and equal. But taken in isolation, the claim that citizens are to be treated as free and equal is extremely indeterminate, and has virtually no clear implications for policy. In order to remedy this, the two principles of justice, together with the stipulation that citizens have basic interests in developing their moral capacities and pursuing (...) their conceptions of the good life, are meant to provide a more precise interpretation of what is involved in treating citizens as free and equal. Rawls’ critics, however, have argued that satisfying the two principles of justice is not the most appropriate or plausible way to respect the status of citizens as free and equal. In relation to this debate, the present paper has two aims. The first is to examine Rawls’ account of the type of freedom that a just society must guarantee equally to its citizens. I will argue that those who think of Rawls as a theorist of freedom as non-interference are mistaken, because his notion of liberty resembles in important respects the republican notion of freedom as non-domination. Second, I will consider the extent to which Rawls’ principles of justice successfully protect the freedom as non-domination of all citizens so as to effectively treat them as free and equal. (shrink)

Recent research in epidemiology has identified a number of factors beyond access to medical care that contribute to health disparities. Among the so-called socioeconomic determinants of health are income, education, and the distribution of social capital. One factor that has been overlooked in this discussion is the effect that stigmatization can have on health. In this paper, I identify two ways that social stigma can create health disparities: directly by impacting health-care seeking behaviour and indirectly through the internalization of negative (...) interpersonal judgments. I then argue that social arrangements that foster self-respect can reduce the impact of stigmatization on health disparities. I conclude by showing how John Rawls' conception of justice can be used to address the intersection of stigma, health, and self-respect, in contrast to critics of his position, who have seen him as excessively focused on the allocation of material goods. (shrink)

To understand the continuing importance of John Rawls’s work, we need to understand the background, the object and the method of his fifty-year quest as a political thinker. The background to Rawls’s investigation was a (carefully circumscribed) acknowledgement of a certain kind of evaluative pluralism. The object of Rawls’s work was to develop a method of commensuration that would enable us, the free and equal citizens of a democratic society, to identify a common basis for our dealings, in search of (...) mutual benefit, with one another. Finally, the method used by Rawls in his work was broadly, though tacitly rather than explicitly, pragmatist in character, especially in the sense that Rawls was aiming, now explicitly, to develop principles of political association that generate their own support in the attitudes and actions of those whose behavior they are intended to guide. (shrink)

Free Public Reason examines the idea of public justification, stressing its importance but also questioning the coherence of the concept itself. Although public justification is employed in the work of theorists such as John Rawls, Jeremy Waldron, Thomas Nagel, and others, it has received little attention on its own as a philosophical concept. In this book Fred D'Agostino shows that the concept is composed of various values, interests, and notions of the good, and that no ranking of these is possible. (...) The notion of public justification itself is thus shown to be contestable. In demonstrating this, D'Agostino undermines many current political theories that rely on this concept. Having broken down the foundations of public justification, D'Agostino then offers an alternative model of how a workable consensus on its meaning might be reached through the interactions of a community of interpreters or delegates at a constitutional convention. (shrink)

Ackn o wledgments I owe special gratitude to Professors Hugo Adam Bedau and John Rawls for many helpful discussions of the general idea and scope, ...

Certain versions of liberalism exclude from public political discussions the reasons some citizens regard as most fundamental, reasons having to do with their deepest religious, philosophical, moral or political views. This liberal exclusion of deep and deeply held reasons from political discussions has been controversial. In this article I will point out a way in which the discussion seems to presuppose a foundationalist conception of human reasoning. This is rather surprising, inasmuch as one of the foremost advocates of liberalism, John (...) Rawls, is also known for being one of the first advocates of reflective equilibrium, which is clearly a coherentist approach to theory construction and justification. I will begin in Park I by making my charge against an almost embarrassingly crude presentation of the liberal position. Then in Part II I will leap to Rawls' version of liberalism, obviously by far the most sophisticated working out of the position, and try to see whether anything remains of my criticism. (shrink)