This essay argues that a liberalism that avoids legal moralism – that is neutral between rival conceptions of the good – cannot embrace intervention in commercial transactions, but is thereby precluded neither from identifying some such transactions as exploitative nor from redressing them by other means.

O objetivo do presente artigo é realizar uma análise da teoria da justiça como eqüidade de John Rawls em A Theory of Justice e no Political Liberalism, destacando seu modelo de complementaridade entre o deontológico e o procedimental com o teleológico e substancial, buscando responder algumas das críticas levantadas por autores comunitaristas à teoria rawlsiana de justiça e procurando apontar para suas semelhanças. Parto das críticas dos comunitaristas à teoria da justiça como eqüidade; posteriormente, analiso os aspectos teleológicos contidos em (...) seu modelo deontológico; em seguida, destaco a intrínseca relação entre o procedimental e o substancial; por fim, apresento as respostas às críticas comunitaristas à Rawls, destacando a especificidade de sua concepção de justiça. (shrink)

A careful, theoretical clarification of gender roles has only recently begun in social and political philosophy. It is the aim of the following piece to reveal that an analysis of women’s traditional position - her distinctive activities, labor and surrounding sense of ‘mine’ - can not only make valuable contributions towards clarifying traditional property disputes, but may even provide elements for a new conception of ownership. By way of illustration, the article focusses on the influential work of John Rawls and (...) argues that - when Rawls’s own analysis and principles of justice are supplemented by an account of what is here called ‘reproductive labor’ - his theory in fact tends to a form of democratic socialism. Stated somewhat differently, my aim is to shift the terms of the property debate as posed by Rawls fromwithinhis own position. I hope to show that the real ownership question which now emerges is no longerwhether‘justice as fairness’ countenances a private property or socialist form of democracy, but what preciseformsuch a socialism should take. (shrink)

It is not uncommon for contemporary moral philosophers to appeal, in support or in criticism of one moral theory or another, to supposed features of or facts about persons. Rawls, for example, maintains that ‘utilitarianism does not take seriously the distinction between persons,’ and that since ‘the correct regulative principle for anything depends on the nature of that thing,’ we should not expect utilitarianism to be the correct regulative scheme for human beings. Nozick, in a similar spirit, suggests that the (...) deontological restrictions he calls ‘side constraints’ are desirable components of a moral conception because, without them, a moral scheme is unable to ‘sufficiently respect and take account of the fact that … [each individual] is a separate person,’ unable to take account of the fact that, with respect to each individual, ‘his is the only life he has.’ And Williams, to cite still another example, suggests that utilitarianism is a defective moral theory because ‘it cannot coherently describe the relations between a man's projects and his actions.'. (shrink)

It is becoming popular among contemporary philosophers to view liberalism as a political morality which rests on a fundamental moral requirement that persons are to be treated equally according to a certain conception of equal respect and concern. On this view, the liberal conception of equal respect and concern requires that conflicts of interests must be decided by appeal to principles which are rationally justifiable on grounds that are neutral or impartial between persons and their competing conceptions of the good (...) life. Ronald Dworkin has expressed this view by contrasting liberalism with political moralities that are founded on conceptions of what constitutes treating persons equally which are ‘at least partly determined by some conception of the good life.‘. (shrink)

(1977). Classical Liberalism and Rawlsian Revisionism. Canadian Journal of Philosophy: Vol. 7, Supplementary Volume 3: New Essays on Contract Theory, pp. 95-119.

The prelims comprise: Theories of Justice Political Liberalism and its Critics Notes Bibliography.

Palliative care serves both as an integrated part of treatment and as a last effort to care for those we cannot cure. The extent to which palliative care should be provided and our reasons for doing so have been curiously overlooked in the debate about distributive justice in health and healthcare. We argue that one prominent approach, the Rawlsian approach developed by Norman Daniels, is unable to provide such reasons and such care. This is because of a central feature in (...) Daniels' account, namely that care should be provided to restore people's opportunities. Daniels' view is both unable to provide pain relief to those who need it as a supplement to treatment and, without justice-based reasons to provide palliative care to those whose opportunities cannot be restored. We conclude that this makes Daniels' framework much less attractive. (shrink)

The question of an action's rationality has two aspects: 1) the ‘appropriateness’ of the action given the beliefs held and 2) the ‘reasonableness’ of the beliefs themselves or of holding those beliefs. The former involves questions of motivation, the latter epistemology. This paper will concentrate on the former aspect of the question.One way of understanding rational motivation is so widely accepted as to seem incontrovertible to many of its proponents. This is the sense of rationality as maximization of utility. Although (...) individual action is motivated by many things, the claim is that when behavior is rational it can be understood as an attempt to maximize utility. Rationality in this view has solely to do with means, not ends. The only restriction on an agent's ends is that they form a coherent set and whatever the content of the utility at which the agent aims, it is presumed to be open-ended. The theory is descriptive in that it says that people act this way most of the time and also normative in that behavior which does not fit the model is Judged irrational. (shrink)

1. There is no dearth of objections to Rawls's A Theory of justice. Scores of articles and several books begin by praising the rigor and depth of Rawls's book — and end by concluding that it is thoroughly mistaken. In the present essay I will not add to the list of negative responses to A Theory of Justice. Instead I will attempt to reply to Rawls's critics in a way which makes a positive contribution to his theory.2. Among the many (...) objections that have been raised against Rawls's theory, two are of paramount importance. It is these two objections I shall attempt to meet. They may be formulated as follows. (shrink)

Is a policy of economic growth compatible with the neutrality of the State? Some liberals (Rawls, Dworkin, Ackerman, Larmore, Kymlicka) think so. I do not. I begin by explaining and discussing the different meanings of the neutrality thesis, then I show that, whatever meaning we give to the idea of neutrality, it is very difficult to argue convincingly that a policy of economic growth does not favour some conceptions of the good.

Adrian Piper argues that the Humean conception can be made to work only if it is placed in the context of a wider and genuinely universal conception of the self, whose origins are to be found in Kant’s Critique of Pure Reason. This conception comprises the basic canons of classical logic, which provide both a model of motivation and a model of rationality. These supply necessary conditions both for the coherence and integrity of the self and also for unified agency. (...) The Kantian conception solves certain intractable problems in decision theory by integrating it into classical predicate logic, and provides answers to longstanding controversies in metaethics concerning moral motivation, rational final ends, and moral justification that the Humean conception engenders. In addition, it sheds light on certain kinds of moral behavior – for example, the whistleblower – that the Humean conception is at a loss to explain. (shrink)

The Humean conception of the self consists in the belief-desire model of motivation and the utility-maximizing model of rationality. This conception has dominated Western thought in philosophy and the social sciences ever since Hobbes’ initial formulation in Leviathan and Hume’s elaboration in the Treatise of Human Nature. Bentham, Freud, Ramsey, Skinner, Allais, von Neumann and Morgenstern and others have added further refinements that have brought it to a high degree of formal sophistication. Late twentieth century moral philosophers such as Rawls, (...) Brandt, Frankfurt, Nagel and Williams have taken it for granted, and have made use of it to supply metaethical foundations for a wide variety of normative moral theories. But the Humean conception of the self also leads to seemingly insoluble problems about moral motivation, rational final ends, and moral justification. Can it be made to work? (shrink)

En el presente trabajo sostengo que los argumentos específicos desarrollados por John Rawls para justificar la adopción de un estándar de bienes sociales primarios no logran su cometido. En primer lugar, presento y critico los argumentos rawlsianos relacionados con intuiciones antidiscriminatorias y con el hecho del pluralismo razonable. Asimismo, caracterizo y critico las ideas rawlsianas concernientes al alcance del concepto de equidad, así como el argumento de los gustos caros y de la responsabilidad por los fines. Estimo que ellos no (...) logran justificar el distribuendum recursivista de bienes sociales primarios. En cambio, entiendo que tales consideraciones brindan apoyo a un estándar bienestarista. Ello se debe a que un estándar welfarista enfrenta exitosamente las dificultades que Rawls menciona para favorecer el estándar recursivista de bienes sociales primarios. In the present paper I argue that the specific arguments developed by John Rawls to justify the standard of social primary goods do not succeed. In the first place I develop and criticize the Rawlsian arguments grounded in antidiscriminatory intuitions and the fact of reasonable pluralism. I also characterize and criticize Rawls's ideas concerning the scope of the concept of fairness as well as his argument concerning extensive tastes and responsibility for ends. I believe that they do not justify a resourcist distribuendum. On the contrary, I argue that such considerations support a welfarist standard. The reason is that a welfarist standard successfully deals with the difficulties Rawls mentions in favoring the resourcist standard of social primary goods. (shrink)

How should we act when uncertain about the moral truth, or when trying to remain neutral between competing moral theories? This dissertation argues that some types of actions and policies are relatively likely to be approved by a very wide range of moral theories—even theories which have never yet been formulated, or which appear to cancel out one another's advice. For example, I argue that actions and policies which increase a moral agent's access to primary goods also tend to increase (...) that agent's likelihood of bringing about good consequences, even under varying and mutually incompatible hypotheses about what consequences count as "good". We therefore have a subjective, pro tanto moral reason to perform such actions and enact such policies—one whose justification does not require treating any particular theory as especially probable, but instead merely requires treating at least one at-least-partly consequentialist moral theory as an open hypothesis, and is therefore applicable even under conditions of moral uncertainty or moral neutrality. My discussion begins abstractly, but as it progresses it gradually applies its framework to increasingly concrete issues. I find that the justification of some liberal policies—in the classical sense of "liberal"—can be accomplished with significantly fewer moral assumptions than have traditionally been relied upon. (shrink)