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Harvard University Press (1999)

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  1. Comparative Vs. Transcendental Approaches to Justice: A Misleading Dichotomy in Sen's The Idea of Justice.Francesco Biondo - 2012 - Ratio Juris 25 (4):555-577.
    This paper examines the distinction drawn by Amartya Sen between transcendental and comparative theories of justice, and its application to Rawls' doctrine. It then puts forward three arguments. First, it is argued that Sen offers a limited portrayal of Rawls' doctrine. This is the result of a rhetorical strategy that depicts Rawlsian doctrine as more “transcendental” than it really is. Although Sen deploys numerous quotations in support of his interpretation, it is possible to offer a less transcendental interpretation of Rawls. (...)
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  • The Citizen in Question.Monique Lanoix - 2007 - Hypatia 22 (4):113-129.
    This essay examines the citizen's apparent agelessness that is foundational to liberal democratic theories. By engaging the notion of citizenship rights, Lanoix challenges this assumed perpetual adulthood and argues for a new way of conceptualizing the citizen. The broader notion of citizen as cohabitant allows for the changing relationship a citizen will have with her citizenship rights and accommodates individuals who are not self-governing but who, nonetheless, share a democratic space.
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  • What is Constructivism in Ethics and Metaethics?Sharon Street - 2010 - Philosophy Compass 5 (5):363-384.
    Most agree that when it comes to so-called 'first-order' normative ethics and political philosophy, constructivist views are a powerful family of positions. When it comes to metaethics, however, there is serious disagreement about what, if anything, constructivism has to contribute. In this paper I argue that constructivist views in ethics include not just a family of substantive normative positions, but also a distinct and highly attractive metaethical view. I argue that the widely accepted 'proceduralist characterization' of constructivism in ethics is (...)
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  • Liberalism, Adaptive Preferences, and Gender Equality.Ann Levey - 2000 - Hypatia 20 (4):127-143.
    I argue that a gendered division of labor is often the result of choices by women that count as fully voluntary because they are an expression of preferences and commitments that reflect women's understanding of their own good. Since liberalism has a commitment to respecting fully voluntary choices, it has a commitment to respecting these gendered choices. I suggest that justified political action may require that we fail to respect some people's considered choices.
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  • Come as You Are? Public Reason and Climate Change.Morten Ebbe Juul Nielsen & Asbjørn Hauge-Helgestad - forthcoming - Res Publica:1-16.
    The likely adverse effects of climate change call for political action. In this paper, we argue that the public reason framework—with its insistence on justifiability to all reasonable citizens, in spite of their profound disagreements—despite initial misgivings recommends itself as a framework for debate and decisions pertaining to climate change. We address two possible stumbling blocks: the exclusion of non-anthropocentric points of view, and the controversy over intergenerational justice. We argue that public reason can deal with these problems. Moreover, we (...)
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  • Is It Distinctively Wrong to Simulate Doing Wrong?John Tillson - 2018 - Ethics and Information Technology 20 (3):205-217.
    This paper is concerned with whether there is a moral difference between simulating wrongdoing and consuming non-simulatory representations of wrongdoing. I argue that simulating wrongdoing is (as such) a pro tanto wrong whose wrongness does not tarnish other cases of consuming representations of wrongdoing. While simulating wrongdoing (as such) constitutes a disrespectful act, consuming representations of wrongdoing (as such) does not. I aim to motivate this view in part by bringing a number of intuitive moral judgements into reflective equilibrium, and (...)
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  • Is There a Moral Duty to Die?J. Angelo Corlett - 2001 - Health Care Analysis 9 (1):41-63.
    In recent years, there has been a great deal of philosophical discussion about the alleged moral right to die. If there is such a moral right, then it would seem to imply a moral duty on others to not interfere with the exercise of the right. And this might have important implications for public policy insofar as public policy ought to track what is morally right.
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  • Returning to Rawls: Social Contracting, Social Justice, and Transcending the Limitations of Locke.Richard Marens - 2007 - Journal of Business Ethics 75 (1):63-76.
    A generation ago, the field of business ethics largely abandoned analyzing the broader issue of social justice to focus upon more micro concerns. Donaldson applied the social contract tradition of Locke and Rawls to the ethics of management decision-making, and with Dunfee, has advanced this project ever since. Current events suggest that if the field is to remain relevant it needs to return to examining social and economic fairness, and Rawl's approach to social contracting suggests a way to start. First, (...)
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  • Lucas Swaine, the Liberal Conscience: Politics and Principle in a World of Religious Pluralism. [REVIEW]Allyn Fives - 2007 - Ethical Theory and Moral Practice 10 (5):515-517.
  • Solidarity and Social Moral Rules.Adam Cureton - 2012 - Ethical Theory and Moral Practice 15 (5):691-706.
    The value of solidarity, which is exemplified in noble groups like the Civil Rights Movement along with more mundane teams, families and marriages, is distinctive in part because people are in solidarity over, for or with regard to something, such as common sympathies, interests, values, etc. I use this special feature of solidarity to resolve a longstanding puzzle about enacted social moral rules, which is, aren’t these things just heuristics, rules of thumb or means of coordination that we ‘fetishize’ or (...)
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  • The Importance of What They Care About.Matthew Noah Smith - 2013 - Philosophical Studies 165 (2):297-314.
    Many forms of contemporary morality treat the individual as the fundamental unit of moral importance. Perhaps the most striking example of this moral vision of the individual is the contemporary global human rights regime, which treats the individual as, for all intents and purposes, sacrosanct. This essay attempts to explore one feature of this contemporary understanding of the moral status of the individual, namely the moral significance of a subject’s actual affective states, and in particular her cares and commitments. I (...)
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  • Searle's Derivation of Promissory Obligation.Savas L. Tsohatzidis - 2007 - In Intentional Acts and Insitutional Facts: Essays on John Searle's Social Ontology. Springer.
  • Intuition and the Junctures of Judgment in Decision Procedures for Clinical Ethics.John K. Davis - 2007 - Theoretical Medicine and Bioethics 28 (1):1-30.
    Moral decision procedures such as principlism or casuistry require intuition at certain junctures, as when a principle seems indeterminate, or principles conflict, or we wonder which paradigm case is most relevantly similar to the instant case. However, intuitions are widely thought to lack epistemic justification, and many ethicists urge that such decision procedures dispense with intuition in favor of forms of reasoning that provide discursive justification. I argue that discursive justification does not eliminate or minimize the need for intuition, or (...)
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  • The Structure of Justification in Political Constructivism.Michael Buckley - 2010 - Metaphilosophy 41 (5):669-689.
    Abstract: In this article the author develops the view, held by some, that political constructivism is best interpreted as a pragmatic enterprise aiming to solve political problems. He argues that this interpretation's structure of justification is best conceived in terms of two separate investigations—one develops a normative solution to a particular political problem by working up into a coherent whole certain moral conceptions of persons and society; and the other is an empirically based analysis of the political problem. The author (...)
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  • Thinking About the Good: Reconfiguring Liberal Metaphysics (or Not) for People with Cognitive Disabilities.Anita Silvers & Leslie Pickering Francis - 2009 - Metaphilosophy 40 (3-4):475-498.
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  • Theorizing International Fairness.Nancy Kokaz - 2005 - Metaphilosophy 36 (1‐2):68-92.
  • Starting Points: Kantian Constructivism Reassessed.Carla Bagnoli - 2014 - Ratio Juris 27 (3):311-329.
    G. A. Cohen and J. Raz object that Constructivism is incoherent because it crucially deploys unconstructed elements in the structure of justification. This paper offers a response on behalf of constructivism, by reassessing the role of such unconstructed elements. First, it argues that a shared conception of rational agency works as a starting point for the justification, but it does not play a foundational role. Second, it accounts for the unconstructed norms that constrains the activity of construction as constitutive norms. (...)
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  • Darwall, Habermas, and the Fluidity of Respect.Andrew Koppelman - 2013 - Ratio Juris 26 (4):523-537.
    What moral commitments do we manifest when we make claims upon one another? The practice of claiming is inescapable, and so any normative presuppositions of that practice are similarly inescapable (at least on pain of self-contradiction). This inquiry thus promises an Archimedian point from which to address intractable moral disagreements in modern society. Whatever we happen to differ about, we can be shown to agree about these premises, and therefore to share commitment to whatever can be derived from these premises. (...)
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  • The Concept of Rights in Contemporary Human Rights Discourse.Christine Chwaszcza - 2010 - Ratio Juris 23 (3):333-364.
    In a variety of disciplines, there exists a consensus that human rights are individual claim rights that all human beings possess simply as a consequence of being human. That consensus seems to me to obscure the real character of the concept and hinder the progress of discussion. I contend that rather than thinking of human rights in the first instance as “claim rights” possessed by individuals, we should regard human rights as higher order norms that articulate standards of legitimacy for (...)
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  • Vulnerable Populations in Research: The Case of the Seriously Ill.Philip J. Nickel - 2006 - Theoretical Medicine and Bioethics 27 (3):245-264.
    This paper advances a new criterion of a vulnerable population in research. According to this criterion, there are consent-based and fairness-based reasons for calling a group vulnerable. The criterion is then applied to the case of people with serious illnesses. It is argued that people with serious illnesses meet this criterion for reasons related to consent. Seriously ill people have a susceptibility to “enticing offers” that hold out the prospect of removing or alleviating illness, and this susceptibility reduces their ability (...)
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  • Science as Public Reason: A Restatement.Cristóbal Bellolio Badiola - 2018 - Res Publica 24 (4):415-432.
    According to John Rawls, the methods and conclusions of science—when these are non-controversial—constitute public reasons. However, several objections have been raised against this view. This paper focuses on two objections. On the one hand, the associational objection states that scientific reasons are the reasons of the scientific community, and thus paradigmatically non-public in the Rawlsian sense. On the other hand, the controversiality objection states that the non-controversiality requirement rules out their public character when scientific postulates are resisted by a significant (...)
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  • Rethinking the Principle of Fair Play.Justin Tosi - 2018 - Pacific Philosophical Quarterly 99 (4):612-631.
    The principle of fair play is widely thought to require simply that costs and benefits be distributed fairly. This gloss on the principle, while not entirely inaccurate, has invited a host of popular objections based on misunderstandings about fair play. Central to many of these objections is a failure to treat the principle of fair play as a transactional principle—one that allocates special obligations and rights among persons as a result of their interactions. I offer an interpretation of the principle (...)
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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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  • Formulating Moral Objectivity.Elizabeth Tropman - 2018 - Philosophia 46 (4):1023-1040.
    Objective moral facts are supposed to be independent from us, but it has proven difficult to provide a clear account of this independence condition. Objective moral facts cannot be overly independent of us, as even an objective morality would depend, in important respects, on features of us. The challenge is to respect these moral mind-dependencies without inappropriately counting too many moral facts as objective. In this paper, I delineate and evaluate several different versions of the independence condition in moral objectivity. (...)
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  • Downward Mobility and Rawlsian Justice.Govind Persad - 2018 - Philosophical Studies 175 (2):277-300.
    Technological and societal changes have made downward social and economic mobility a pressing issue in real-world politics. This article argues that a Rawlsian society would not provide any special protection against downward mobility, and would act rightly in declining to provide such protection. Special treatment for the downwardly mobile can be grounded neither in Rawls’s core principles—the basic liberties, fair equality of opportunity, and the difference principle—nor in other aspects of Rawls’s theory. Instead, a Rawlsian society is willing to sacrifice (...)
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  • Self-Defeat and the Foundations of Public Reason.Sameer Bajaj - 2017 - Philosophical Studies 174 (12):3133-3151.
    At the core of public reason liberalism is the idea that the exercise of political power is legitimate only if based on laws or political rules that are justifiable to all reasonable citizens. Call this the Public Justification Principle. Public reason liberals face the persistent objection that the Public Justification Principle is self-defeating. The idea that a society’s political rules must be justifiable to all reasonable citizens is intensely controversial among seemingly reasonable citizens of every liberal society. So, the objection (...)
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  • Are the Kids Alright? Rawls, Adoption, and Gay Parents.Ryan Reed - 2013 - Ethical Theory and Moral Practice 16 (5):969-982.
    Scholars have extensively debated the family’s place within liberalism, generally, and specific attention and critique has been given to the family in Rawls’ work. What has received less focus are the requirements of parents in a Rawlsian polity and, further, what those requirements might imply for the one case where states explicitly regulate the process of becoming parents: adoption. This paper seeks to discover what might be required of parents, adoptive or otherwise, in a Rawlsian social contract state. Second, it (...)
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  • The Public Ecology of Freedom of Association.Andres Moles - 2014 - Res Publica 20 (1):85-103.
    This paper defends the claim that private associations might be legitimately constrained by a requirement of reasonableness. I present a list of goods that freedom of association protect, and argue that the limits to associational freedom have to be sensitive to the nature of these goods. In defending this claim, I cast doubt on two popular liberal arguments: One is that attitudes cultivated in the private sphere are not likely to spill over into the public arena. The other is that (...)
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  • Social Epistemic Liberalism and the Problem of Deep Epistemic Disagreements.Klemens Kappel & Karin Jønch-Clausen - 2015 - Ethical Theory and Moral Practice 18 (2):371-384.
    Recently Robert B. Talisse has put forth a socio-epistemic justification of liberal democracy that he believes qualifies as a public justification in that it purportedly can be endorsed by all reasonable individuals. In avoiding narrow restraints on reasonableness, Talisse argues that he has in fact proposed a justification that crosses the boundaries of a wide range of religious, philosophical and moral worldviews and in this way the justification is sufficiently pluralistic to overcome the challenges of reasonable pluralism familiar from Rawls. (...)
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  • Making Room for Rules.Adam Cureton - 2015 - Philosophical Studies 172 (3):737-759.
    Kantian moral theories must explain how their most basic moral values of dignity and autonomy should be interpreted and applied to human conditions. One place Kantians should look for inspiration is, surprisingly, the utilitarian tradition and its emphasis on generally accepted, informally enforced, publicly known moral rules of the sort that help us give assurances, coordinate our behavior, and overcome weak wills. Kantians have tended to ignore utilitarian discussions of such rules mostly because they regard basic moral principles as a (...)
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  • Legitimacy, Democracy and Public Justification: Rawls' Political Liberalism Versus Gaus' Justificatory Liberalism.Enzo Rossi - 2014 - Res Publica 20 (1):9-25.
    Public justification-based accounts of liberal legitimacy rely on the idea that a polity’s basic structure should, in some sense, be acceptable to its citizens. In this paper I discuss the prospects of that approach through the lens of Gerald Gaus’ critique of John Rawls’ paradigmatic account of democratic public justification. I argue that Gaus does succeed in pointing out some significant problems for Rawls’ political liberalism; yet his alternative, justificatory liberalism, is not voluntaristic enough to satisfy the desiderata of a (...)
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  • Applying Principles to Cases and the Problem of Judgment.John K. Davis - 2012 - Ethical Theory and Moral Practice 15 (4):563 - 577.
    We sometimes decide what to do by applying moral principles to cases, but this is harder than it looks. Principles are more general than cases, and sometimes it is hard to tell whether and how a principle applies to a given case. Sometimes two conflicting principles seem to apply to the same case. To handle these problems, we use a kind of judgment to ascertain whether and how a principle applies to a given case, or which principle to follow when (...)
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  • Moral Education in the Liberal State.Kyla Ebels-Duggan - 2013 - Journal of Practical Ethics 1 (2):24-63.
    I argue that political liberals should not support the monopoly of a single educational approach in state sponsored schools. Instead, they should allow reasonable citizens latitude to choose the worldview in which their own children are educated. I begin by defending a particular conception of political liberalism, and its associated requirement of public reason, against the received interpretation. I argue that the values of respect and civic friendship that motivate the public reason requirement do not support the common demand that (...)
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  • What the Liberal State Should Tolerate Within Its Borders.Andrew Jason Cohen - 2007 - Canadian Journal of Philosophy 37 (4):479-513.
    Two normative principles of toleration are offered, one individual-regarding, the other group-regarding. The first is John Stuart Mill’s harm principle; the other is “Principle T,” meant to be the harm principle writ large. It is argued that the state should tolerate autonomous sacrifices of autonomy, including instances where an individual rationally chooses to be enslaved, lobotomized, or killed. Consistent with that, it is argued that the state should tolerate internal restrictions within minority groups even where these prevent autonomy promotion of (...)
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  • Civil Disobedience in a Distorted Public Sphere.Martin Blaakman - 2012 - Krisis: Journal for Contemporary Philosophy (3):27-36.
    Rawls’s notion of civil disobedience, which still dominates the literature on this subject, comprises at least these three characteristics: it involves breaking the law, is non-violent and public. But implicit in this notion is a certain tension: it shows pessisimism about the proper functioning of the public sphere as earlier normal appeals have failed, but it also displays a certain optimism about its proper functioning as it assumes that civil disobedience may be effective. In my paper I argue that Rawls (...)
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  • On Law and Legal Reasoning.Fernando Atria Lemaître - 2001 - Hart.
  • Reasonableness as a Virtue of Citizenship and the Opacity Respect Requirement.Federica Liveriero - 2020 - Philosophy and Social Criticism 46 (8):901-921.
    This article defends a specific account of reasonableness as a virtue of liberal citizenship. I specify an account of reasonableness that I argue is more consistent with the phenomenology of intersubjective exchanges among citizens over political matters in contexts of deep disagreement. My reading requires reasonable citizens to undertake an attitude of epistemic modesty while deliberating public matters with agents who hold views different from theirs. In contrast with my view, I debate Martha Nussbaum’s and Steven Wall’s accounts of reasonableness (...)
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  • Transitional Justice and the Truth-Constraints of the Public Sphere.Claudio Corradetti - 2012 - Philosophy and Social Criticism 38 (7):685-700.
    In this article I present some implications for a concept of transitional justice through the comparison of two approaches: retributive vs. restorative theories. Notwithstanding their profound differences in perspective, both models are grounded upon a strong notion of the public sphere. Accordingly, after showing why neither of the two approaches exhausts the problems of transitional justice, I will demonstrate how a ‘complete’ justification requires a certain view of public reason based upon rights as truth-constraints of the public sphere.
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  • Eurocentrism Beyond the ‘Universalism Vs. Particularism’ Dilemma: Habermas and Derrida’s Joint Plea for a New Europe.Marianna Papastephanou - 2011 - History of the Human Sciences 24 (5):142-166.
    Is it Eurocentric on the part of western philosophers (Habermas, Derrida) or of researchers in human sciences to set out from a specific locality (Europe) to formulate ethico-political ideals with universal aspirations? In this article, I critique the ‘universalism vs. particularism’ framework within which the charge of Eurocentrism is deployed and I redefine the notion of Eurocentrism outside the drastic choice between universalism and particularism and in light of an ‘ec-centric’ reflection on the entanglement of the ‘We’ and the ‘others’. (...)
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  • La relación entre la teoría ideal de Rawls y la filosofía política / The Relationship between Rawls's Ideal Theory and Political Philosophy.Juan Samuel Santos Castro - 2009 - Eidos: Revista de Filosofía de la Universidad Del Norte 9:240-270.
    SPANISH: La suposición de la obediencia estricta, y las demás características de la sociedad bien ordenada (SBO), es una considerable idealización que hace Rawls de las circunstancias históricas reales en las que existen las sociedades contemporáneas. De allí la objeción de que todo el proyecto de la justicia como equidad es inútil, pues de nada sirve saber cuáles serían los principios de la justicia para una SBO que solamente existe en la teoría. Los objetivos de este artículo son aclarar el (...)
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  • Rawls: 40 Years Later.Sebastiano Maffettone - 2012 - Philosophy and Social Criticism 38 (9):901-915.
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  • Tractatus practico-theoreticus.Nythamar De Oliveira - 2016 - Porto Alegre, Brazil: Editora Fi.
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  • Tractatus ethico-politicus.Nythamar De Oliveira - 1999 - Porto Alegre, Brazil: Edipucrs.
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  • Philosophia Semper Reformanda: Husserlian Theses on Constitution.Nythamar de Oliveira - 2000 - Manuscrito 23 (2):251-274.
    Starting from the sensuous perception of what is seen, an attempt is made at re-casting a Husserlian theory of constitution of the object of intuition, as one leaves the natural attitude through a transcendental method, by positing several theses so as to avoid the aporias of philosophical binary oppositions such as rationalism and empiri-cism, realism and idealism, logicism and psychologism, subjectivism and objectivism, transcendentalism and ontologism, metaphysics and positivism. Throughout fifty-five theses on constitution, the Husserlian proposal of continuously reforming philosophizing (...)
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  • Rawls, Self-Respect, and Assurance: How Past Injustice Changes What Publicly Counts as Justice.Timothy Waligore - 2016 - Politics, Philosophy and Economics 15 (1):42-66.
    This article adapts John Rawls’s writings, arguing that past injustice can change what we ought to publicly affirm as the standard of justice today. My approach differs from forward-looking approaches based on alleviating prospective disadvantage and backward-looking historical entitlement approaches. In different contexts, Rawls’s own concern for the ‘social bases of self-respect’ and equal citizenship may require public endorsement of different principles or specifications of the standard of justice. Rawls’s difference principle focuses on the least advantaged socioeconomic group. I argue (...)
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  • Justice & its Motives: On Peter Vanderschraaf’s Strategic Justice.Paul Weithman - 2020 - Politics, Philosophy and Economics 20 (1):3-21.
    Peter Vanderschraaf’s Strategic Justice is a powerful elaboration and defense of what he calls ‘justice as mutual advantage’. Vanderschraaf opens Strategic Justice by observing that ‘Plato set a template for all future philosophers by raising two interrelated questions: What precisely is justice? Why should one be just?’. He answers that justice consists of conventions which are followed because each sees that doing so is in her interest. These answers depend upon two conditions which Vanderschraaf calls Baseline Consistency and Negative Mutual (...)
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  • Public Reason.Jonathan Quong - 2013 - Stanford Encyclopedia of Philosophy.
  • A Core Precautionary Principle.Stephen M. Gardiner - 2006 - Journal of Political Philosophy 14 (1):33–60.
    “[T]he Precautionary Principle still has neither a commonly accepted definition nor a set of criteria to guide its implementation. “There is”, Freestone … cogently observes, “a certain paradox in the widespread and rapid adoption of the Precautionary Principle”: While it is applauded as a “good thing”, no one is quite sure about what it really means or how it might be..
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  • Practice-Dependent Political Theory and the Boundaries of Political Imagination.Greta Favara - unknown
    It is often claimed that in normative political theory political imagination should remain unaffected by real-world contingencies: our idea of how the world “ought to be” should be independent from how the world “actually is”. According to the practice-dependent thesis, instead, “[t]he content, scope, and justification of a conception of justice depends on the structure and form of the practices that the conception is intended to govern”. This methodological approach conceives the relationship between theory and practice as an interplay: normative (...)
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  • Egalitarianism.Richard Arneson - 2008 - Stanford Encyclopedia of Philosophy.