En este trabajo respondo una objeción a la tesis de que la teoría de Rawls debe atender problemas relacionados a la injusticia histórica. Esta objeción sostiene que dicha teoría está justificada en no considerar problemas de injusticia histórica debido a su supuesto carácter exclusivamente prospectivo. La objeción tiene dos presentaciones diferentes. Primero, como la idea de que hay razones internas a la propia teoría de Rawls que justifican dicho carácter exclusivamente prospectivo —tales como el problema de elección modelado en la (...) posición original y el hecho de que la justicia-como-equidad debe ser una concepción de justicia no-comprehensiva. Segundo, como la idea de que hay razones externas a la teoría de Rawls —en concreto, la supuesta existencia del así llamado problema de la no-identidad, que justifican el carácter exclusivamente prospectivo no sólo de los principios de justicia rawlsianos sino de cualquier otra concepción de justicia distributiva. Trataré de mostrar que esta objeción, tanto en su presentación interna como externa, es equivocada. (shrink)

Philippe van Parijs (2003) has argued that an egalitarian ethos cannot be part of a post- Political Liberalism Rawlsian view of justice, because the demands of political justice are confined to principles for institutions of the basic structure alone. This paper argues, by contrast, that certain principles for individual conduct—including a principle requiring relatively advantaged individuals to sometimes make their economic choices with the aim of maximising the prospects of the least advantaged—are an integral part of a Rawlsian political conception (...) of justice. It concludes that incentive payments will have a clearly limited role in a Rawlsian theory of justice. (shrink)

In my reply to Pogge's critique of Rawls's international relations theory, I will try to show two things: (1) that Pogge's account of the public criterion of domestic social justice endorsed by Rawls is a partial one and (2) that this leads him to wrongly postulate a significant asymmetry between Rawls's domestic and international theories of justice. In the end, I hope to show that the domestic and international accounts are characterized by a significant degree of symmetry (...) ? that both accounts are motivated by Rawls's fundamental concern with self-respect. In other words, a more expansive, complete account of the domestic public criterion of social justice necessarily leads us (contra Pogge) to affirm a significant degree of continuity between the domestic and international accounts. (shrink)

In this paper, I argue that a new principle of background justice should be added to Rawls’s Law of Peoples because climate change is an international and intergenerational problem that can destabilize the Society of Peoples and the well-ordered peoples therein. I start with explaining the nature of my project and Rawls’s conception of stability. I argue that climate change poses a realistic threat to the stability of climate-vulnerable liberal peoples and as a result undermines international peace and security. Despite (...) the uncertainties due to the complexity of the climate system and about the resilience of liberal societies, liberal peoples’ fundamental interests in just basic institutions and national security call for the adoption of a precautionary principle. Rawls’s own principles are, I argue, inadequate to solve the stability problem from climate change. Still, his framework provides the theoretical resources to develop a new extension. I propose a new Rawlsian principle of international, intergenerational justice that guarantees the environmental background conditions under which well-ordered peoples can sustain their basic structure over generations and sketch the principle’s institutional implementation. I conclude with the theoretical and practical significance of this extension of Rawls’s theory. (shrink)

This year marks the centenary of John Rawls's birth and the fiftieth anniversary of the publication of A Theory of Justice. The influence of Rawls's landmark book on the general fields of moral and political philosophy is undisputed and well-documented. It has also left a significant imprint on debates surrounding health policy, health care, and health inequalities. This article traces the changing ways in which Rawls's theory influenced debates about justice in health over the last (...) five decades. Just as Rawls's ideas have shaped debates about health, however, these debates can help us critically appraise the theory and its limitations. In that spirit, the article sketches three areas where a focus on health reveals challenges to the Rawlsian framework: the issue of priority setting among competing goods, the theory's egalitarian commitments, and its focus on the distribution of goods. (shrink)

During the 2007–2008 global food crisis, the prices of primary foods, in particular, peaked. Subsequently, governments concerned about food security and investors keen to capitalize on profit-maximizing opportunities undertook large-scale land acquisitions (LASLA) in, predominantly, least developed countries (LDCs). Economically speaking, this market reaction is highly welcome, as it should (1) improve food security and lower prices through more efficient food production while (2) host countries benefit from development opportunities. However, our assessment of the debate on the issues indicates critical (...) voices in both the media and academic discourse. This article aims to provide a philosophical law and economics analysis. We draw on John Rawls’s Theory of Justice, focusing on Rawls’s background institutions for distributive justice (§43) to evaluate LASLA form an ethical angle. Approaching LASLA into Sub Saharan LDCs as a socio-economic reform redistributing land from the local population of LDCs to investors, we acknowledge that they bear a highly desirable potential. Often, though, they cannot be regarded as ethically correct in practice as the insignificant improvements for local populations and sometimes even human rights violations contradict Rawls’s principles of justice. Then investigating whether and how international law can help overcome the shortcomings, we conclude that even though respective mechanisms exist in the current state of international law, it is hardly possible that it will produce more just outcomes in the near future. (shrink)

Gerald Cohen's critique of John Rawls's theory of justice is that it is concerned only with the justice of social institutions, and must thus arbitrarily draw a line between those inequalities excluded and those allowed by the basic structure. Cohen claims that a proper concern with the interests of the least advantaged would rule out 'incentives' for 'talented' individuals. I argue that Rawls's assumption that the subject of justice is the basic structure of society does not arbitrarily (...) restrict the concerns of political justice, as Cohen claims. Further, I argue that it does not allow 'deep' inequalities within a just basic structure. When properly understood, Rawls's theory of justice is strongly egalitarian, taken as a theory of fairness in the way the burdens and benefits of social cooperation are distributed, even if it is not as egalitarian as Cohen wishes. (shrink)

Though the revised edition of A Theory of Justice, published in 1999, is the definitive statement of Rawls's view, so much of the extensive literature on Rawls's theory refers to the first edition. This reissue makes the first edition once again available for scholars and serious students of Rawls's work.

Though the revised edition of A Theory of Justice, published in 1999, is the definitive statement of Rawls's view, so much of the extensive literature on Rawls's theory refers to the first edition.

His 1971 masterpiece, A Theory of Justice, permanently changed the landscape of moral political theory, revitalizing the normative study of social issues and ...

Critical attention directed to John Rawls’s ideal theory has in particular leveled three charges against it: first, its infeasibility; second, its inadequacy for providing normative guidance on actual injustices; and third, its insensitivity to the justice concerns of marginalized groups. Recently, advocates for Rawls’s ideal theory have replied that problems arising at the stage of ideal theory can be addressed at the later stage of his nonideal theory. This article disputes that claim by arguing that although (...) Rawls’s nonideal theory provides a good answer to the infeasibility charge, it does not do so for the second and third charges. To argue for this thesis, I illustrate that nonideal theory in Rawls’s Law of Peoples is unable to identify crucial injustices that emerge in the nonideal conditions of real world globalization. (shrink)

Critical attention directed to John Rawls ’s ideal theory has in particular leveled three charges against it: first, its infeasibility; second, its inadequacy for providing normative guidance on actual injustices; and third, its insensitivity to the justice concerns of marginalized groups. Recently, advocates for Rawls ’s ideal theory have replied that problems arising at the stage of ideal theory can be addressed at the later stage of his nonideal theory. This article disputes that claim by arguing (...) that although Rawls ’s nonideal theory provides a good answer to the infeasibility charge, it does not do so for the second and third charges. To argue for this thesis, I illustrate that nonideal theory in Rawls ’s Law of Peoples is unable to identify crucial injustices that emerge in the nonideal conditions of real world globalization. (shrink)

Though the revised edition of A Theory of Justice, published in 1999, is the definitive statement of Rawls's view, so much of the extensive literature on Rawls's theory refers to the first edition.

This volume collects twenty original essays on the philosophy of film. It uniquely brings together scholars working across a range of philosophical traditions and academic disciplines to broaden and advance debates on film and philosophy. The book includes contributions from a number of prominent philosophers of film including Noël Carroll, Chris Falzon, Deborah Knight, Paisley Livingston, Robert Sinnerbrink, Malcolm Turvey, and Thomas Wartenberg. While the topics explored by the contributors are diverse, there are a number of thematic threads that connect (...) them. Overall, the book seeks to bridge analytic and continental approaches to philosophy of film in fruitful ways. Moving to the individual essays, the first two sections offer novel takes on the philosophical value and the nature of film. The next section focuses on the film-as-philosophy debate. Section IV covers cinematic experience, while Section V includes interpretations of individual films that touch on questions of artificial intelligence, race and film, and cinema's biopolitical potential. Finally, the last section proposes new avenues for future research on the moving image beyond film. This book will appeal to a broad range of scholars working in film studies, theory, and philosophy. (shrink)

A Theory of Justice, by John Rawls, is widely regarded as the most important twentieth-century work of Anglo-American political philosophy. It transformed the field by offering a compelling alternative to the dominant utilitarian conception of social justice. The argument for this alternative is, however, complicated and often confusing. In this book Jon Mandle carefully reconstructs Rawls's argument, showing that the most common interpretations of it are often mistaken. For example, Rawls does not endorse welfare-state capitalism, and he is (...) not a 'luck egalitarian' as is widely believed. Mandle also explores the relationship between A Theory of Justice and the developments in Rawls's later work, Political Liberalism, as well as discussing some of the most influential criticisms in the secondary literature. His book will be an invaluable guide for anyone seeking to engage with this ground-breaking philosophical work. (shrink)

In recent work in political philosophy there has been much discussion of two approaches to theorizing about justice that have come to be called ‘ideal theory’ and ‘non-ideal theory’. The distinction was originally articulated by Rawls, who defended his focus on ideal theory in terms of a supposed ‘priority’ of the latter over non-ideal theory. Many critics have rejected this claim of priority and in general have questioned the usefulness of ideal theory. In diagnosing the (...) problem with ideal theory, they have frequently fingered for blame the idealization it involves. In this paper I focus on one particular, much-discussed idealization—full compliance—in order to defend it. Focusing on the assumption, I argue that Rawls’s work is not ideal in the way that it is usually thought to be, is less ideal than is widely recognized, and became less ideal over time. I also argue that critics who in effect claim that it is not realistic enough simply fail to understand Rawls’s central motivation. Finally, I defend the assumption by arguing that there is an important sense in which all theories of justice must assume full compliance. Such an assumption, I argue, is needed if we are to have a plausible basis on which to judge the normative attractiveness of a theory. (shrink)

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 (...) class='Hi'>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. (shrink)

사회 경제적 혜택의 분배 규범으로 롤즈가 제시하는 차등의 원칙의 근거를 검토한다. 통상 불확실 상황에서 합리적 선택 전략들 중 하나로 거론되는 최소치 극대화(maximin) 기준이 그 근거라고 간주되지만, 롤즈는 상호성(reciprocity)을 차등의 원칙의 선택 근거로 제시한다. 논문은 롤즈적 상호성의 내용, 관련된 이상들, 상호성으로부터 차등의 원칙으로 나아가는 추론을 검토한다. 논의 결과는 상호성에 관련된 이상들인 평등한 출발점이자 비교의 수준점, 도덕적으로 자의적 요소들에 의한 분배의 규제, 효율성, 자유롭고 평등한 개인들의 합의가 이질적이고 고유한 근거와 방향을 가진 이상들이기에 그것들 각각의 내용과 상대적 비중을 어떻게 보는지에 따라 차등의 원칙과 (...) 다른 분배 규범이 도출될 가능성이 있다는 것이다. (shrink)

A Theory of Justice, by John Rawls, is widely regarded as the most important twentieth-century work of Anglo-American political philosophy. It transformed the field by offering a compelling alternative to the dominant utilitarian conception of social justice. The argument for this alternative is, however, complicated and often confusing. In this book Jon Mandle carefully reconstructs Rawls's argument, showing that the most common interpretations of it are often mistaken. For example, Rawls does not endorse welfare-state capitalism, and he is (...) not a "luck egalitarian" as is widely believed.Mandle also explores the relationship between A Theory of Justice and the developments in Rawls's later work, Political Liberalism, as well as discussing some of the most influential criticisms in the secondary literature. His book will be an invaluable guide for anyone seeking to engage with this ground-breaking philosophical work"--Provided by publisher. (shrink)

Though the Revised Edition of A Theory of Justice, published in 1999, is the definitive statement of Rawlsıs view, so much of the extensive literature on ...

As Rawls's thought evolved from his 1958 article ‘Justice as Fairness’ to the 1996 edition of his book Political Liberalism, his response to the problem of political compliance would seem to have undergone a number of changes. This article critically evaluates the development of Rawls's various explicit or implied arguments that serve to justify compliance to just social arrangements, and concludes that the problem of political compliance remains without any cogent solution within the vast corpus of Rawls's (...) work. Key Words: liberalism • philosophical anarchism • political duties • political obligation • Rawls. (shrink)

In 1971 John Rawls's A Theory of Justice transformed twentieth-century political philosophy, and it ranks among the most influential works in the history of the subject. This volume marks the 50th anniversary of the book's publication by offering a multi-faceted exploration of this important work.

Three interlocking features appear to underpin Rawls’s justification of political compliance within the context of political liberalism: namely, a specific territory; a specific society; and a specific conception of what it is to be reasonable. When any one feature is subject to critical examination, while presupposing that the other two are acceptable, Rawls’s argument for political compliance may seem persuasive. But when all three features are critically examined together, his justification of political compliance within political liberalism can be seen to (...) lack cogency. Thus, political compliance fails to be justified by a free-standing political liberalism. Key Words: philosophical anarchism • political duties • political liberalism • political obligation • Rawls. (shrink)

In this article I present two possible interpretations of Rawls’s assertion in A Theory of Justice that human beings have a desire to express their nature as free and rational. My reading hinges on different accounts of the Kantian conception of the person and of the Aristotelian principle and its companion effect. According to the first interpretation, this desire is a kind of natural predisposition inherent in all persons irrespective of the society in which they live. It has a (...) universal and ahistorical aspect. The second interpretation sees our free and rational nature as an ideal that we strive to fulfill. This ideal appeals only to citizens of modern liberal democracies and entails a more qualified universalism. I argue that there is strong textual support for both interpretations but the second one is more consistent with the methodological framework of justice as fairness. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:John Rawls's Originary Theory of JusticeEric Gans (bio)The fundamental thesis of generative anthropology is that the principal concern of human culture is and has been from the outset to defer the potential violence of mimetic desire. To this mode of thought, constructing a model of the good society in any but the general terms of "exchange" and "reciprocity" is unfaithful to the human community, whose operations have (...) been from the beginning beyond the grasp of any individual mind within the society, and in which since the rise of the market system we participate largely unmediated by ritual. Rather than providing a template for the "good society," originary thinking provides a touchstone for ethical progress: act so as to contribute to reciprocal exchange, negatively, by aiding those who need help to participate in the exchange system more fully, and positively, by creating new foci of desire that enrich the system of exchange, the circulation of desire and satisfaction. The result of these acts is to reduce or "defer" resentment, negatively, by removing grievances, and positively, by creating new opportunities for recycling resentment into productive activity.These precepts notwithstanding, the "moral model" of reciprocal exchange, as exemplified in the exchange of signs around the sacred center in the hypothetical originary event, provides the basis for a recurrent temptation to create utopias. The theoretical gesture of measuring a given social order against a moral ideal is an extension of the moral intuition we apply in judging all human actions; whatever our degree of resignation, we cannot help but resent any suggestion—even when it is "objectively" false—that we have been victims of a failure of reciprocity. Both the theory and the personal intuition are direct descendants of the originary exchange of representations, as are the moral "theories" that are explicitly grounded in the sacred. Abstract moral theorizing must ultimately appeal to either transcendence or intuition, and the appeal to the former differs only in its rhetoric from the appeal to the latter.Finally, these "timeless" reflections must be situated in history. Determining the proper relationship between universal morality and historically [End Page 149] particular ethics poses a particularly acute problem in the postmodern era. The question that has remained with us since the end of World War II is how to overcome the paralysis of Auschwitz—how to acknowledge the necessary deferral of reciprocity without condoning genocide. If we hold history's institutions to the touchstone of the moral model, they will always be found wanting, yet this historical experience tells us that if we do not so hold them, anything is possible. The fact that accusations of Nazism (or "fascism") continue to be made today—notably against Israel itself—is a sign that the moral dilemma has not yet been resolved. But unlike metaphysical thought, originary thinking takes the Holocaust as a sign not of the need to construct a social model that will resolve this dilemma, but of the inappropriateness of confronting it directly. Making the world a better place not only does not require but is in fact incompatible with a prior image of the world made good.The most serious attempt by mainstream Anglo-American social thought to grapple with this postmodern quandary is that of the late Harvard philosopher John Rawls (1921–2002), whose A Theory of Justice (1971) remains the era's most important work of moral philosophy. To sum up in my own terms Rawls's basic idea: if we imagine ourselves in an "original position" when society has not yet come into existence, so that our (future) place in it is hidden from us by a "veil of ignorance," then we will be able to agree on the criteria of a good society, since our uncertainty will convince us all equally of the necessity to protect ourselves from unfairness in the event we are assigned one of society's less desirable roles. We may then accept this imaginary agreement, unbiased by the participants' knowledge of their eventual social role, as universal humanity's most just arrangement. Rawls considers that under these conditions any inequality in the overall distribution of social goods can be justified only if it produces a margin of... (shrink)

This volume examines Rawls's theory of international justice as worked out in his controversial last book, The Law of Peoples.

This chapter contains section titled: Why Two Theories at All? Why Exclude the Interests of Persons? Why Cut Out the Middle Tier? Is Each Society Master of its Own Fate? Do the Asymmetries Get Rawls the Result He Wants? Conclusion Notes.

The present paper revisits the issue of rational decision making in John Rawls' original position. Drawing on Isaac Levi's theory of decision, I discuss how we can defend Rawls against John C. Harsanyi's charge that maximin reasoning in the original position is irrational. The discussion suggests that systematic application of Levi's theory is likely to have important consequences for ethics and political theory as well as for public policy.

En este escrito se presentan algunos desarrollos de la teoría política de John Rawls ahondando en aquellas categorías que permitan contrastar aspectos de los planteamientos rawlsianos con spectos del pensamiento utilitarista clásico. El propósito es discernir qué tan grande es la deuda que tienen pensadores contemporáneos como Rawls con autores clásicos del siglo XIX tales como Bentham y Mill.

Over the years a few authors have argued that Rawls’s ideal theory of justice is useless for the real world. This criticism has been largely ignored by Rawlsians, but in the light of a recent accumulation of such criticisms, some authors (in particular Holly Lawford-Smith, A. John Simmons, Zofia Stemplowska and Laura Valentini) have tried to defend ideal theory. In this article I will recapitulate the precise problem with Rawls’s ideal theory, argue that some of Rawls’s defenders (...) misconceive it, and show that recent attempts to rescue Rawls’s ideal theory from the charge of being useless fail. While there are useful kinds of ideal theory, Rawls’s is not one of them. In addition, Rawls’s very tentative suggestions for some kind of bridge between ideal and non-ideal theory are contradictory insofar as they implicitly presuppose the non-existence of the problem they are meant to solve. Thus, Rawls’s “non-ideal theory” too, is useless, and not so much a theory at all but a set of ad hoc stipulations. Finally, I will show that certain attempts within the global justice debate to use some variation of the original position to directly derive guidelines for the real world are misguided and yield no useful results. (shrink)

Philippe van Parijs (2003) has argued that an egalitarian ethos cannot be part of a post- Political Liberalism Rawlsian view of justice, because the demands of political justice are confined to principles for institutions of the basic structure alone. This paper argues, by contrast, that certain principles for individual conduct—including a principle requiring relatively advantaged individuals to sometimes make their economic choices with the aim of maximising the prospects of the least advantaged—are an integral part of a Rawlsian political conception (...) of justice. It concludes that incentive payments will have a clearly limited role in a Rawlsian theory of justice. (shrink)

This article critically analyzes Rawls’s attitude toward envy. In A Theory of Justice, Rawls is predominantly concerned with the threat that class envy poses to political stability. Yet he also briefly discusses the kind of envy that individuals experience toward their social peers, which he calls particular envy, and which I refer to as peer envy. He quickly concludes, however, that particular envy would not present a serious risk to the stability of his just society. In this article, I (...) contest this claim by arguing that the principles that structure Rawls’s ideal society are likely to exacerbate particular envy to a politically risky extent. Section 1 reconstructs his account of envy, giving special attention to his belief that competition kindles envy between peers. Section 2 then examines the way in which Rawls often endorses rivalry within the body politic. I argue that the society governed by justice as fairness is, on account of this rivalry, likely to generate a politically problematic degree of particular envy. In Section 3, I invoke ancient Greece as an example of a society that was, as a result of its intense competitiveness, often imperiled by dangerously elevated levels of peer envy. I then survey the key institutional mechanisms by which the ancient Greeks sought to manage this hazardous emotion. It turns out, however, that most of these mechanisms would be unavailable to Rawls insofar as they starkly contravene his principles of justice. I conclude that if Rawlsians wish to establish a society that fosters rivalry, they would do well to reflect on the means by which peer envy can be effectively harnessed. (shrink)

Goffman is credited with enriching our understanding of the details of interaction, but not with challenging our theoretical understanding of social organization. While Goffman's position is not consistent, the outlines for a theory of an interaction order sui generis may be found in his work. It is not theoretically adequate to understand Goffman as an interactionist within the dichotomy between agency and social structure. Goffman offers a way of resolving this dichotomy via the idea of an interaction order which (...) is constitutive of self and at the same time places demands on social structure. This has significant implications for our understanding of social organization in general. (shrink)