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  1. On Actualizing Public Reason.Michael Baur - 2004 - Fordham Law Review 72 (5):2153-2175.
    In this Essay, I examine some apparent difficulties with what I call the "actualization criterion" connected to Rawls's notion of public reason, that is, the criterion for determining when Rawlsian public reason is concretely actualized by citizens in their deliberating and deciding about constitutional essentials and matters of basic justice. While these apparent difficulties have led some commentators to reject Rawlsian public reason altogether, I offer an interpretation that might allow Rawlsian public reason to escape the difficulties. My reading involves (...)
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    Democratic Citizenship V. Patriarchy: A Feminist Perspective on Rawls.Marion Smiley - 2004 - Fordham Law Review (5):1599-1627.
    This essay articulates a series of questions that can be used to explore the gendered nature of any work of philosophy and then answers these questions in the context of John Rawls' moral and political thought. The author finds that while Rawls' social contract assumes a patriarchal family, it can be revised for the purpose of securing gender equality in both theory and practice.
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