Rawls’s Defense of the Priority of Liberty: A Kantian Reconstruction
Philosophy and Public Affairs 31 (3):246–271 (2003)
| Abstract | Rawls offers three arguments for the priority of liberty in Theory, two of which share a common error: the belief that once we have shown the instrumental value of the basic liberties for some essential purpose (e.g., securing self-respect), we have automatically shown the reason for their lexical priority. The third argument, however, does not share this error and can be reconstructed along Kantian lines: beginning with the Kantian conception of autonomy endorsed by Rawls in section 40 of Theory, we can explain our highest-order interest in rationality, justify the lexical priority of all basic liberties, and reinterpret Rawls’ threshold condition for the application of the priority of liberty. Perhaps unsurprisingly, this Kantian reconstruction will not work within the radically different framework of Political Liberalism. | |||||||||
| Keywords | John Rawls Immanuel Kant priority of liberty autonomy | |||||||||
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Robert S. Taylor (2005). Kantian Personal Autonomy. Political Theory 33 (5):602-628.
Meena Krishnamurthy (forthcoming). Reconceiving Rawls’s Arguments for Equal Political Liberty and its Fair Value: On Our Higher-Order Interests. Social Theory and Practice.
Robert S. Taylor (2004). Self-Realization and the Priority of Fair Equality of Opportunity. Journal of Moral Philosophy 1 (3):333-347.
Robert S. Taylor (2011). Reconstructing Rawls: The Kantian Foundations of Justice as Fairness. Penn State University Press.
M. Bankovsky (2011). Social Justice: Defending Rawls' Theory of Justice Against Honneth's Objections. Philosophy and Social Criticism 37 (1):95-118.
Nir Eyal (2005). ‘Perhaps the Most Important Primary Good’: Self-Respect and Rawls’s Principles of Justice. Politics, Philosophy and Economics 4 (2):195-219.
Larry A. Alexander (1985). Fair Equality of Opportunity. Philosophy Research Archives 11:197-208.
John Rawls (1987). The Basic Liberties and Their Priority. In John Rawls & Sterling M. McMurrin (eds.), Liberty, Equality, and Law: Selected Tanner Lectures on Moral Philosophy. University of Utah Press.
Robert S. Taylor (2012). Hate Speech, the Priority of Liberty, and the Temptations of Nonideal Theory. Ethical Theory and Moral Practice 15 (3):353-68.
Brian Barry (1973). John Rawls and the Priority of Liberty. Philosophy and Public Affairs 2 (3):274-290.
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