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  1. The Basic Liberties: An Essay on Analytical Specification.Stephen K. McLeod & Attila Tanyi - forthcoming - European Journal of Political Theory.
    We characterize, more precisely than before, what Rawls calls the “analytical” method of drawing up a list of basic liberties. This method employs one or more general conditions that, under any just social order whatever, putative entitlements must meet for them to be among the basic liberties encompassed, within some just social order, by Rawls’s first principle of justice (i.e., the liberty principle). We argue that the general conditions that feature in Rawls’s own account of the analytical method, which employ (...)
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  • Is the Free Market Acceptable to Everyone?Matthew Clayton & David Stevens - 2015 - Res Publica 21 (4):363-382.
    In this paper we take issue with two central claims that John Tomasi makes in Free Market Fairness. The first claim is that Rawls’s difference principle can better be realized by free market institutions than it can be by state interventionist regimes such as property-owning democracy or liberal socialism. We argue that Tomasi’s narrow interpretation of the difference principle, which focuses largely on wealth and income, leaves other goods worryingly unsatisfied. The second claim is that a wide set of economic (...)
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  • The Implicit Argument for the Basic Liberties.C. Melenovsky - 2018 - Res Publica 24 (4):433-454.
    Most criticism and exposition of John Rawls’s political theory has focused on his account of distributive justice rather than on his support for liberalism. Because of this, much of his argument for protecting the basic liberties remains under explained. Specifically, Rawls claims that representative citizens would agree to guarantee those social conditions necessary for the exercise and development of the two moral powers, but he does not adequately explain why protecting the basic liberties would guarantee these social conditions. This gap (...)
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  • All Liberty is Basic.Jessica Flanigan - 2018 - Res Publica 24 (4):455-474.
    Recent arguments for the basic status of economic liberty can be deployed to show that all liberty is basic. The argument for the basic status of all liberty is as follows. First, John Tomasi’s defense of basic economic liberties is successful. Economic freedom can be further defended against powerful high liberal objections, which libertarians including Tomasi have so far overlooked. Yet arguments for basic economic freedom raise a puzzle about the distinction between basic and non-basic liberties. The same reasons that (...)
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  • Liberty and its Economies.Alex Gourevitch - 2015 - Politics, Philosophy and Economics 14 (4):365-390.
    The revival of classical liberal thought has reignited a debate about economic freedom and social justice. Classical liberals claim to defend expansive economic freedom, while their critics wish to restrict this freedom for other values. However, there are two problems with the role ‘economic freedom’ plays in this debate: inconsistency in the use of the concept and indeterminacy with respect to its definition. Inconsistency in the use of the concept ‘freedom’ has mistakenly made a certain kind of ‘left-wing’ critique of (...)
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  • Rawlsian Institutionalism and Business Ethics: Does It Matter Whether Corporations Are Part of the Basic Structure of Society?Brian Berkey - 2021 - Business Ethics Quarterly 31 (2):179-209.
    In this article, I aim to clarify some key issues in the ongoing debate about the relationship between Rawlsian political philosophy and business ethics. First, I discuss precisely what we ought to be asking when we consider whether corporations are part of the “basic structure of society.” I suggest that the relevant questions have been mischaracterized in much of the existing debate, and that some key distinctions have been overlooked. I then argue that although Rawlsian theory’s potential implications for business (...)
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  • The Right to Personal Property.Katy Wells - 2016 - Politics, Philosophy and Economics 15 (4):358-378.
    The subject of this article is the Rawlsian right to personal property. Adequate discussion of this right has long been absent from the literature, and the recent rise in interest in other areas of Rawlsian thought on property makes the issue particularly pertinent. The right to personal property as proposed by orthodox Rawlsians – in this article, the position is represented by Rawls himself – is best understood, I claim, either as a right to be able to privately own housing (...)
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  • Freedom, Money and Justice as Fairness.Blain Neufeld - 2017 - Politics, Philosophy and Economics 16 (1):70-92.
    The first principle of Rawls’s conception of justice secures a set of ‘basic liberties’ equally for all citizens within the constitutional structure of society. The ‘worth’ of citizens’ liberties, however, may vary depending upon their wealth. Against Rawls, Cohen contends that an absence of money often can directly constrain citizens’ freedom and not simply its worth. This is because money often can remove legally enforced constraints on what citizens can do. Cohen’s argument – if modified to apply to citizens’ ‘moral (...)
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  • Democratic Capitalism: A Reply to Critics.John Tomasi - 2014 - Critical Review: A Journal of Politics and Society 26 (3-4):439-471.
    ABSTRACTThe ten essays in this symposium offer a rich and varied set of challenges to the market-democratic research program. Rather than replying to each critic in turn, I respond only to the main lines of critical challenge raised in this collection: that my account of thick economic liberty is too vague, that economic liberties are not basic, that market democracy gives too little attention to socialist possibilities, that market democracy can accommodate only an impoverished conception of fair equality of opportunity, (...)
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  • Against the Moral Powers Test of Basic Liberty.Jason Brennan - 2020 - European Journal of Philosophy 28 (2):492-505.
    European Journal of Philosophy, EarlyView.
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  • Rawls and Bleeding Heart Libertarianism: How Well Do They Mix?Nicolas Maloberti - 2015 - The Independent Review 19 (4).
    I argue that Tomasi’s most fundamental “bleeding heart libertarian” insights are not adequately served by Rawls’s lexical framework and his idealized theory of institutional choice. Perhaps paradoxically, using Rawls’s lexical framework to articulate Tomasi’s declared concerns for both economic liberty and “social justice” gives the latter concern very little weight. For that reason, Tomasi’s own objections against classical liberalism would ultimately apply to his own positive contribution as well: the satisfaction of a distributional adequacy condition is secured on purely contingent (...)
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  • The Fair Value of Economic Liberty.Daniel Layman - 2015 - Res Publica 21 (4):413-428.
    In Free Market Fairness, John Tomasi tries to show that ‘thick’ economic liberties, including the right to own productive property, are basic liberties. According to Tomasi, the policy-level consequences of protecting economic liberty as basic are essentially libertarian in character. I argue that if economic liberties are basic, just societies must guarantee their fair value to all citizens. And in order to secure the fair value of economic liberty, states must guarantee that citizens of roughly similar dispositions and talents are (...)
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  • Is The Free Market Fair?Anna Stilz - 2014 - Critical Review: A Journal of Politics and Society 26 (3-4):423-438.
    ABSTRACTWhile John Tomasi's Free Market Fairness is ambitious, provocative, and does much to reinvigorate debate about economic justice, his argument for market democracy is not compelling. I discuss two objections. First, I offer doubts about whether “thick” economic freedom is a condition of democratic legitimacy. While Tomasi raises the intriguing possibility that liberal commitments may justify a somewhat more expansive list of economic rights than traditionally recognized, he fails to give a well-worked-out account of these rights. Instead, he argues for (...)
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  • Putting Liberty in its Place: Rawlsian Liberalism Without the Liberalism.Samuel Arnold - 2018 - European Journal of Philosophy 26 (1):213-237.
    To be a liberal is, among other things, to grant basic liberties some degree of priority over other aspects of justice. But why do basic liberties warrant this special treatment? For Rawls, the answer has to do with the allegedly special connection between these freedoms and the ‘two moral powers’ of reasonableness and rationality. Basic freedoms are said to be preconditions for the development and exercise of these powers and are held to warrant priority over other justice-relevant values for that (...)
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  • Welcome to the Dark Side: A Classical-Liberal Argument for Economic Democracy.Alex Gourevitch - 2014 - Critical Review: A Journal of Politics and Society 26 (3-4):290-305.
    ABSTRACTJohn Tomasi's Free Market Fairness claims to provide a principled defense of classical-liberal institutions. Respect for the development of our moral powers or “self-authorship,” according to Tomasi, requires that we make certain economic liberties basic, including freedom of contract and the right to accumulate property. Yet Tomasi's principles and his institutions are at odds. Tomasi has provided ethical grounds for defending not classical-liberal but radical-democratic, even socialist, economic freedoms. This is most vivid in Tomasi's account of the “liberties of working.” (...)
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  • High Liberalism and Weak Economic Freedoms.Katy Wells - 2018 - Critical Review of International Social and Political Philosophy 21 (6):679-702.