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- David Shaw (2011). Justice and the Fetus: Rawls, Children and Abortion. Cambridge Quarterly of Healthcare Ethics 20 (1):93-101.In a footnote to the first edition of Political Liberalism, John Rawls introduced an example of how public reason could deal with controversial issues. He intended this example to show that his system of political liberalism could deal with such problems by considering only political values, without the introduction of comprehensive moral doctrines. Unfortunately, Rawls chose “the troubled question of abortion” as the issue that would illustrate this. In the case of abortion, Rawls argued, “the equality of women as equal citizens” overrides both “the ordered reproduction of political society over time” and also “the due respect for human life”. It seems fair to say that this was not the best choice of example, and also that Rawls did not argue for his example particularly well: a whole subset of the Rawlsian literature concerns this question alone. Rawls went on to clarify his views on abortion and public reason, but he continued to maintain that a society’s policy on abortion could be decided without introducing comprehensive moral doctrines concerning the moral status of the fetus. The three aims of this paper are to argue: (i) that a society cannot legitimately decide on its abortion policy using purely political values; (ii) that Rawls’ stances on abortion in his two major works are incompatible; and (iii) that neither of Rawls’ conceptions of justice could permit abortion.
Similar books and articles
“Justice as fairness” understood as a political conception of justice is, according to Rawls, objective. It is claimed to be objective by being autonomous from any of the conflicting reasonable comprehensive doctrines held by the citizens, and by, at the same time, being consistent with all such doctrines. There is the need to look for an object of such overlapping consensus because, according to Rawls, reasonable disagreement is inevitable in modern democratic society. And the permanence of reasonable disagreement itself is caused by what Rawls describes as the burdens of judgement.In this article, I demonstrate, against the background of Rawls’ burdens of judgement, how it could be argued that reasonable agreement is impossible. In this respect, I explore what I consider to be the resources available to Rawls to show how his point could be made. But I subsequently argue that his position in this respect can be coherent only against a background of an epistemic conception which is defective, and which goes beyond the political idea of freedom and equality which Rawls claims to be the basis of Justice as fairness. It is my contention that Rawls’ suggestion of how to handle so-called reasonable disagreement is itself no more than a contentious viewpoint which silences other contending reasonable views.
In Political Liberalism, Rawls emphasizes the practical character and aims of his conception of justice. Justice as fairness is to provide the basis of a reasoned, informed and willing political agreement by locating grounds for consensus in the fundamental ideas and values of the political culture. Critics urge, however, that such a politically liberal conception of justice will be designed merely to ensure the stability of political institutions by appealing to the currently-held opinions of actual citizens. In order to evaluate this concern, I suggest, it is necessary to focus on the normative character of Rawls's analysis. Rawls argues that justice as fairness is the conception of justice that citizens of modern democratic cultures should choose in reflective equilibrium, after reflecting fully upon their considered judgments regarding justice. Since judgments in reflective equilibrium are grounded in considered judgment, rather than situated opinions, I argue that the criticism fails. Key Words: justification objectivity political liberalism Rawls reflective equilibrium.
This article raises some structural and theoretical problems in comprehensively reading Rawls. The first part divides Rawls’s oeuvre into two periods: the period marked by his most significant work A Theory of Justice (1971), and the period represented by Political Liberalism (1993) and The Law of Peoples (1999). The article examines ideas from all three books. The author first tries to show the continuity of Rawls’s liberalism, the best example being the development of the idea of the priority of right over the idea of the good, and the development of the ideal of equality. The second aim is to explain the idea of public reason, introduced in Rawls’s second period, and related objections, while examining three basic forms of justification in Political Liberalism. The author also takes into account Rawls’s criticism of the idea of political philosophy, which he sees as too keen to solve the needs of political society and less willing to explore the philosophical doctrine’s potential, and his idea of philosophical liberalism as opposed to political liberalism. The third part of the article stresses the principles and norms of international law and practice, and explains what Rawls calls “realistic utopia” and some related problems.
Each volume of this series of companions to major philosophers contains specially commissioned essays by an international team of scholars and will serve as a reference work for students and nonspecialists. John Rawls is the most significant and influential philosopher and moral philosopher of the twentieth century. His work has profoundly shaped contemporary discussions of social, political and economic justice in philosophy, law, political science, economics and other social disciplines. In this exciting collection of new essays, many of the world's leading political and moral theorists discuss the full range of Rawls's contribution to the concepts of political and economic justice, democracy, liberalism, constitutionalism, and international justice. There are also assessments of Rawls's controversial relationships with feminism, utilitarianism and communitarianism. New readers will find this the most accessible guide to Rawls currently available. Advanced students and specialists will find a conspectus of recent developments in the interpretation of Rawls.
This article is not about abortion, but rather about how one can reflect on abortion - in particular its moral and political status. My aim, however, is not to defend any particular position regarding such status, rather, I will try to say something comprehensible about how one can (and cannot) reason one's way from a stand regarding the morality of abortion to a stand on the issue of abortion policy.
Three interlocking features appear to underpin Rawlss 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, Rawlss 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.
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.
This article examines the attempts by John Rawls in the works published after "Political Liberalism" to engage with some of the feminist responses to his work. Rawls goes a long way toward addressing some of the major feminist-liberal concerns. Yet this has the unintended consequence of pushing justice as fairness in the direction of a more comprehensive, rather than a strictly political, form of liberalism. This does not seem to be a problem peculiar to Rawls: rather, any form of liberalism hospitable to feminist concerns must be, at the very least, a partly comprehensive, rather than a strictly political, doctrine.
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In 1971, John Rawls published A Theory of Justice, the burden of which was strongly egalitarian. But Rawls eventually came to the conclusion that the project of working out a stable, well?ordered society as argued in A Theory of Justice had failed. In 1993, in Political Liberalism, Rawls sought to establish a sounder theoretical foundation for a stable, well?ordered society. Rawls was widely viewed, however, as having given up egalitarianism in Political Liberalism ? the commitment to a fair distribution, or ?justice as fairness?, along lines originally developed in A Theory of Justice. I argue, by contrast, that Political Liberalism does not in fact repudiate the egalitarianism of A Theory of Justice. Political liberalism has many variants, including variant conceptions of justice. In the first part of what follows, the question is raised whether political liberalism can defend a conception of justice that is as egalitarian as ?justice as fairness?. Such a conception would guarantee the fair value of political liberties and would also contain the so?called ?difference principal?, which states that social and economic inequalities are to be adjusted so that they are to the greatest benefit of the least advantaged. Although it seems possible to defend such an egalitarian conception of justice, it does not seem necessary, all the same, that all variants of political liberalism should be as egalitarian as justice as fairness. Thus, in the second part of my argument, I seek to overturn, or at least substantially to qualify, the idea that there is no need for political liberalism to be strongly egalitarian. I conclude that the egalitarian credentials of political liberalism have to be bolstered, even more so than Rawls himself seems to think.
In this paper, I take up Habermas’s recent writing on Rawls in Inclusion of the Other and focus on an example that Habermas discusses there, the Catholic stance on abortion. He brings in this example to question how such views could be rationally negotiated, under Rawls’s views of political liberalism, prior to arriving at an overlapping consensus. Habermas argues that Rawls must affirm the truth of moral constructivism in order to resolve the question of which conceptions of the good make a valid claim on us. Though I have criticisms of how both Rawls and Habermas cast the issue of abortion, I argue that through properly understanding the role of the political ideal of citizenship in Rawls’s conception of political liberalism, we can find resources to contend with the problem Habermas finds here. I defend the capacity of political constructivism to resolve this issue without affirming the truth of moral constructivism.
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