The issue of the relation of the sacred to the secular has become paramount in virtually every country in the world. From church-state relations in the US, with the debates around abortion and same-sex marriage, to the vitriolic discussions in France over the veil (hijab) sacred-secular, faith-reason, transcendence-imminence -- impacts every aspect of personal, social, and political life. Indeed, the questions often asked are whether Huntington s, Clash of Civilizations is today s reality? Is clash and conflict inevitable? This volume (...) collects papers from scholars from all around the globe and digs into that question. Do the sacred and the secular necessarily end in conflict? Building on scholars such as Charles Taylor, Hans-Georg Gadamer, Jurgen Habermaus, and John Rawls, as well as the world s great religious traditions, the authors assembled here respond with a nuanced, but resounding, NO. A deeper read demands the possibility, indeed, necessity, of complementarity. It has become ever more urgent to discover the proper and complementary relation between the two so that both can be promoted through mutual collaboration. The deeper implications of the discussion can be perceived in many current global problems: cultural identity, multiculturalism, pluralism, nationalism, economic inequality, race, terrorism, migration, public education, and climate change. The volume unfolds in seven sections: Foundations; Sacred and Secular; Complement or Conflict; Hermeneutics; African traditions; South Asian Traditions; Chinese Traditions; and Islamic Traditions. It is fascinating to observe how the various authors grapple with unfolding the relation of sacred/secular, faith/reason, church-mosque/state, transcendence/imminence. The section on Islam illustrates this. These chapters deal with the thorny, usually misunderstood debate between the scholars and those, westerners refer to as fundamentalists or radicals. In the latter, there is no space left to reason, interpretation, or historical criticism. This ugly divide usually emerges in the hot-button issues like the treatment of women and religion-related terrorism. However, these oversimplifications betray the intellectual roots of Islamic tradition. Here the argument is advanced that there are common and multiple meanings of rationality in the Islamic primary sources and that doctrine, the Qur an, and the Sunnah, open considerable space for the rational and the secular in Islamic teachings. Unknown to most in the West, the grappling within Islam goes on. Moreover, the grappling seems to be heating up in all traditions. We are all called to the discussion. Our globe needs it! (shrink)

The present work is to be a critique of Rawls’ Veil of Ignorance as well as putting forth an alternative analytical tool when constructing societies known as the L’echelle Naturelle. My paper hopes to argue that inequalities in a society are not only essential in society contrary to Rawls’ Egalitarian ideology, but do in fact contain equality so long as the autonomy of the citizen is fully exercisable. I contend that institutions such as government and their extensions namely (...) the law, have debilitated the exercisability of autonomy. The consequence of that is an artificial hierarchy monopolized by a minority rather than a natural hierarchy where every citizen is a means unto themselves. The phenomenon of a natural hierarchy that is made possible by unchained autonomy is what the L’echelle Naturelle hopes to expound upon in the forthcoming work. (shrink)

According to Rawls, a just society is one that one would choose to belong to if one knew nothing as to what one's position in that society would be and if one knew nothing as to one's gender, ethnicity, intelligence-level, or other such status-relevant parameters. Such a society would be a squalid bureaucratic wasteland, similar to the Soviet Union, and its entire structure would be a weapon for the mediocre to hold back the gifted, with the result that people (...) as a whole, including the mediocre, would be prevented from flourishing. There is obviously a sense in which the social contract described by Rawls is "fair", but there is no meaningful sense in which the resulting society would be just. Moreover, since a Rawlsian society would quickly degenerate into a condition of bureaucratic tyranny, in which everybody oppressed everybody, it would be irrelevant that its inception occurred in a "fair" way. Several vigorous attempts to create and run societies along Rawlsian lines have been implemented, and they all failed utterly, showing how wrong Rawls' analysis is. (shrink)

This thesis sets out an argument in defence of moral objectivism. It takes Mackie as the critic of objectivism and it ends by proposing that the best defence of objectivism may be found in what I shall call Kantian intuitionism, which brings together elements of the intuitionism of Ross and a Kantian epistemology. The argument is fundamentally transcendental in form and it proceeds by first setting out what we intuitively believe, rejecting the sceptical attacks on those beliefs, and by then (...) proposing a theory that can legitimize what we already do believe. Chapter One sets out our intuitive understanding of morality: that morality is cognitive, moral beliefs can be true or false; that morality is real, we do not construct it; that morality is rational, we can learn about it by rational investigation; and that morality places us under an absolute constraint. The chapter ends by clarifying the nature of that absolute demand and by arguing that the critical idea within morality is the idea of duty. In Chapter Two Mackie’s sceptical attack on objectivism is examined. Four key arguments are identified: that moral beliefs are relative to bfferent agents; that morality is based upon on non-rational causes; that the idea of moral properties or entities is too queer to be sustainable; and that moral objectivism involves queer epistemological commitments. Essentially all of these arguments are shown to be ambiguous; however it is proposed that Mackie has an underlying epistemological and metaphysical theory, scientific empiricism, which is hostile to objectivism and a theory that many find attractive for reasons that are independent of morality. Chapter Three explores the nature of moral rationality and whether scientific empiricism can use the idea of reflective equilibrium to offer a reasonable account of moral rationality. It concludes that, while reflective equilibrium is a useful account of moral rationality, it cannot be effectively reconciled with scientific empiricism. In order to function effectively as a rational process, reflective equilibrium must be rationally constrained by our moral judgements and our moral principles. Chapter Four begins the process of exploring some alternative epistemologies and argues that the only account that remains true to objectivism and the needs of reflective equilibrium is the account of intuitionism proposed by Ross. However this account can be developed further by drawing upon number of Kantian ideas and using them to supplement Ross’s intuitionism. So Chapter Five draws upon a number of Kant's ideas, most notably some key notions from the Critique of Judgement. These ideas are: that we possess a rational will that is subject to the Moral law and determined by practical reason; that we possess a faculty of judgement which enables us to become aware of moral properties and that these two faculties together with the third faculty of thought can function to constitute the moral understanding. Using these ideas the thesis explores whether they can serve to explain how intuitions can be rational and how objectivism can be justified. (shrink)

In his seminal essay, 'Two Concepts of Rules', John Rawls draws a central distinction between justifying a practice and justifying a particular action falling under it. In this review, Leslie Allan walks through Rawls's essay, highlighting his key arguments for a strengthened version of rule utilitarianism and reflecting on the lasting influence of his analysis.

John Rawls shares the Enlightenment's commitment to finding moral and political principles which can be reflectively endorsed by all individuals autonomously. He usually presents reflective autonomy in Kantian, rationalist terms: autonomy is identified with the exercise of reason, and principles of justice must be constructed which are acceptable to all on the basis of reason alone. Yet David Hume, Adam Smith and many other Enlightenment thinkers rejected such rationalism, searching instead for principles which can be endorsed by all (...) on the basis of all the faculties of the human psyche, emotion and imagination included. The influence of these sentimentalists on Rawls is clearest in his descriptive moral psychology, but I argue that it is also present in Rawls's understanding of the sources of normativity. Although this debt is obscured by Rawls's explicit "Kantianism," his theory would be strengthened by a greater understanding of its debts to the sentimentalist Enlightenment. (shrink)

The main purpose of this work is to examine John Rawls’ views on guilt and shame, as well as briefly review the relationship between his theory of moral development and the problem of stability. First of all, in order to fully reveal the subject, it is important to outline the central views on moral emotions developed in Ethics. So, in the first part of the work, four families of moral emotions developed by Jonathan Haidt and the principal differences (...) between shame and guilt will be studied. The second part will examine John Rawls’ theory of the development of the moral sense of guilt, as well as his reflections on shame. In the final part of the work, Rawls’ theory of the moral development of individuals and the prerequisites for acquiring a sense of justice in conjunction with the problem of stability will be studied in main terms. (shrink)

(In German.) The book addresses Rawls's post-1985 political liberalism. His justification of political liberalism -- as reflected in his arguments from overlapping consensus -- faces the problem that liberal content can be justified as reciprocally acceptable only if the addressees of such a justification already endorse points of view that suitably support liberal ideas. Rawls responds to this legitimacy-theoretical problem by restricting public justification's scope to include reasonable people only, while implicitly defining reasonableness as a substantive liberal virtue. (...) But this virtue-ethical grounding of political liberalism is itself unreasonable. The phenomenon of disharmony of practical reason gives the reasonable reasons to take it that political legitimacy does not obtain if and where moral-political principles are acceptable from their point of view only. (shrink)

Some people are multi-billionaires; others die because they are too poor to afford food or medications. In many countries, people are denied rights to free speech, to participate in political life, or to pursue a career, because of their gender, religion, race or other factors, while their fellow citizens enjoy these rights. In many societies, what best predicts your future income, or whether you will attend college, is your parents’ income. -/- To many, these facts seem unjust. Others disagree: even (...) if these facts are regrettable, they aren’t issues of justice. A successful theory of justice must explain why clear injustices are unjust and help us resolve current disputes. -/- John Rawls (1921-2002) was a Harvard philosopher best known for his A Theory of Justice (1971), which attempted to define a just society. Nearly every contemporary scholarly discussion of justice references A Theory of Justice. This essay reviews its main themes. (shrink)

In this article I interpret John Rawls’s concept of the original position as a spiritual exercise. In addition to the standard interpretation of the original position as an expository device to select principles of justice for the fundamental institutions of society, I argue that Rawls also envisages it as a “spiritual exercise”: a voluntary personal practice intended to bring about a transformation of the self. To make this argument, I draw on the work of Pierre Hadot, a (...) philosopher and classicist, who introduced the idea of spiritual exercises as central to ancient and modern conceptions of philosophy. By reading Rawls alongside Hadot, this article portrays Rawls as a thinker deeply concerned with the question of how subjects can lead more just and fulfilling lives. It also proposes that the original position as a spiritual exercise can help defend liberalism as a social and political doctrine. (shrink)

This review essay on John Rawls’s The Law of Peoples focuses on two of its more contentious claims. The first is that international economic justice is secured by a principle of assistance and that a principle of distributive justice will in fact have “unacceptable” results. The other is that certain non-liberal societies, or peoples, fall within the limits of international toleration. The essay evaluates and critiques these claims from a liberal cosmopolitan perspective.

A short presentation of Rawl's second main work in political philosophy.

This article compares James M. Buchanan's and John Rawls's theories of democratic governance. In particular it compares their positions on the characteristics of a legitimate social contract. Where Buchanan argues that additional police force can be used to quell political demonstrations, Rawls argues for a social contract that meets the difference principle.

One of the points of interest of A Theory of Justice was that it tied so tightly together efficiency and equity; however, this link was entrusted to the "principle of difference" and the related maximin rule, the very point that is dropped in this book. Now society as a cooperative enterprise becomes part of the shared concept of the just society and it is no longer the reason for its justification; on this basis, however, Rawls lucidly asks the question (...) about the justification for solidarity with those suffering from such severe handicaps to prevent then from making a contribution to this cooperative enterprise. His answer is that for the problems to which justice such as equity does not give an answer there are several possibilities: one is that the idea of political justice cannot cover everything and that we should not expect it to; or the problem may be a problem of political justice, but justice as fairness does not would be the correct conception in this case, though it may be in other cases. (shrink)

Starting from the ‘Dewey Lectures’, Rawls presents his conception of justice within a contextualist framework, as an elaboration of the basic ideas embedded in the political culture of liberal-democratic societies. But how are these basic ideas to be justified? In this article, I reconstruct and criticize Rawls’s strategy to answer this question. I explore an alternative strategy, consisting of a genealogical argument of a pragmatic kind – the kind of argument provided by authors like Bernard Williams, Edward Craig (...) and Miranda Fricker. I outline this genealogical argument drawing on Rawls’s reconstruction of the origins of liberalism. Then, I clarify the conditions under which this kind of argument maintains vindicatory power. I claim that the argument satisfies these conditions and that pragmatic genealogy can thus partially vindicate the basic ideas of liberal-democratic societies. (shrink)

In this article, it is argued that a significant internal tension exists in John Rawls' political liberalism. He holds the following positions that might plausibly be considered incongruous: (1) a commitment to tolerating a broad right of freedom of political speech, including a right of subversive advocacy; (2) a commitment to restricting this broad right if it is intended to incite and likely to bring about imminent violence; and (3) a commitment to curbing this broad right only if (...) there is a constitutional crisis. By supporting a broad right of freedom of political speech in Political Liberalism, he allows militant intolerant people such as Jihadists, White Supremacists and Neo-Nazis to advocate publicly their dangerously intolerant beliefs. Public advocacy of dangerously intolerant beliefs can be construed as subversive advocacy. As demonstrated by the historical examples of the Weimar Republic and the Second Spanish Republic, militant intolerant groups could use a right of subversive advocacy to threaten the stability of liberal democracies. Hence, by allowing them to exercise a broad right of freedom of political speech, Rawls could jeopardize that which he intends to defend, namely the actual political stability of a liberal democratic order. Lastly, Rawls' conception of ideal constitutional interpretation, which privileges a broad right of freedom of political speech, might be insufficient to deal effectively with the threat posed by militant intolerant groups. Yet a tradition of American constitutional interpretation that balances freedom of speech with other important constitutional and/or political values has overcome a civil war, two world wars, the Cold War and the 9/11 terrorist attacks without abandoning democracy or permanently renouncing those values. Still, Rawls' ideal approach to constitutional interpretation might, in hindsight, help us to understand some of the excesses and deficiencies of American jurisprudence in times of emergency.<br><br><br><br>. (shrink)

Edmundson has written an admirably concise yet powerful book. It blends a critical account of Rawls’ work with an original case for democratic socialism hewn from Rawlsian stone. In my opinion, this case has some flaws but it remains a timely contribution to the enduring quest for justice and social stability.

Rawls in his later philosophy claims that it is sufficient to accept political conception as true or right, depending on what one's worldview allows, on the basis of whatever reasons one can muster, given one's worldview (doctrine). What political liberalism is interested in is a practical agreement on the political conception and not in our reasons for accepting it. There are deep issues (regarding deep values, purpose of life, metaphysics etc.) which cannot be resolved through invoking common reasons (this (...) is the fact of free reason itself), and trying to resolve them would involve us in interminable debates and would hamper the practical task of agreement on the political conception. Given the absolute necessity of a political society which is stable and enduring, it is thus wise to avoid these issues in founding a political society and choosing its basic principles - this is the pragmatic part of Rawls's position. In this paper I argue that this strategy leads Rawls into a paradox: (i) although the intention is to stay independent of comprehensive doctrines, the political conception is in fact totally (and precariously) dependent on comprehensive doctrines (not just on one doctrine but on each and every major doctrine in society). It is dependent on them: for its conceptualisation as an independent idea, for its justification, for the check of its reasonability in relation to the external world, for the formation of identities and value inculcation and hence for the formation of its model citizen; (ii) the very search for independence makes the political conception more dependent on comprehensive doctrines, and by extension makes it potentially more prone to intervention in and tampering with comprehensive doctrines (it is enough to show that it is a strong conceptual possibility to cast doubt on the whole strategy). Thus, for example, the political conception relies on the hope that “firmly held convictions gradually change” and that it would “in fact . . . have the capacity to shape those doctrines toward itself”. The purpose of the Rawlsian conjecture is to give these “hopes” a concrete, practical form by giving advice to proponents of the comprehensive doctrine on how they can do all this and “try to show them that, despite what they might think, they can still endorse a reasonable political conception”. I further argue that this paradox can be overcome by making the core of political liberalism more flexible. (shrink)

Pretendeu-se dissertar sobre a segunda conferênciada obra O Liberalismo Político de John Rawls. A exposição trata dométodo de justificação do autor, concentrada nos termos racionalidade(concepção de bem) e razoabilidade (senso de justiça);subsequentemente aborda as variáveis – cooperação, voluntariedade,autonomia, limites do juízo, discordância, pluralismo, reciprocidade,imparcialidade, publicidade, justificação, democracia e tolerância. Nessesentido, parte-se da obra supracitada para a sistematização da teoria eresolução de problemas: uma referência histórica em Kant; uma respostaàs hipóteses comunitaristas; a convergência de modelos de justificação,sobretudo uma deontologia (...) com uma concepção substancial de justiça; eos argumentos epistemológicos fundacionistas e coerentistas. Conclui-se,além da unidade da obra, a tipificação contratualista na história daFilosofia, um compatibilismo ético e o caráter epistemológico coerentista. (shrink)

La aspiración a formar sociedades justas se choca con alarmantes niveles de pobreza y desigualdad, un problema al cual toda reflexión sobre la justa sociedad debe ofrecer una respuesta convincente. Esta ponencia afirma (1ª parte) que la experiencia que tenemos de las injusticias – como la pobreza – puede dar origen a una reflexión sobre la justicia. Luego (2ª parte) presenta el concepto de pobreza según el enfoque de las capacidades de Amartya Sen y lo completa con una interpretación filosófica (...) de la pobreza como privación radical de libertad individual. Finalmente (3ª parte) analiza y critica la forma en que la teoría de la justicia de John Rawls no aborda el problema de la pobreza y propone un principio de justicia previo a los dos de Rawls – el principio “cero” – que recoge el desafío que la pobreza plantea al concepto de sociedad justa. (shrink)

The thesis aims to provide an interpretation of John Rawls’ social bases of self-respect from the debate on redistribution and recognition in the current state of the art of theories of justice. The first chapter reenacts the reception of Rawlsian theory in the debate based on three critiques: (a) Iris Young's critique of the allocative-distributive paradigm, (b) Axel Honneth’s critique of the legal-political limitation, (c) Nancy Fraser's critique of the redistributive-reductionism. Far from considering the conception of ‘justice as (...) fairness’ as an insensitive terrain for dealing with matters of recognition, criticisms point out, on the contrary, the attempts of liberal Rawlsian theory to move into these issues, mainly taking the social bases of self-respect into account. However, these criticisms agree that Rawls' theory of justice would fail for several reasons. In the following chapters, each of these criticisms is addressed. The second chapter replies to Young's criticism. Contrary to what the author have supposed, ‘justice as fairness’ is better understood as a relational conception of justice rather than an allocative-distributive one. The third chapter addresses Honneth's criticism. On the one hand, the Critical Theorist is right in stating the limitations of Rawls' theory of justice; however, on the other hand, a deontological theory of justice – like the Rawlsian one – conceives these limitations as a normative advantage rather than as a theoretical flaw. The fourth chapter focuses on Fraser's critique. Likewise in her deontological model, it is argued that ‘justice as fairness’ would also have taken the cultural dimension of justice duly into account as well as, more specifically, status inequalities and cultural conflicts. Given the compatibility between their normative models, in the fifth and last chapter, a return to Fraser's deontological recognition via Rawls is advocated. (shrink)

En este artículo defiendo que la concepción rawlsiana de la justicia distributiva va más allá de los márgenes de la justicia asignativa y que esta presenta buenos argumentos para hacer frente a las demandas de reconocimiento. Para alcanzar este objetivo, en primer lugar muestro que algunos críticos del paradigma liberal distributivo malinterpretan la concepción de la justicia distributiva elaborada por Rawls y reducen su finalidad a un mero reparto de bienes. Al hacer lo anterior, ellos no logran comprender la (...) dimensión moral de la propuesta rawlsiana, propuesta firmemente asentada en la idea de reconocimiento. En segundo lugar, analizo la relevancia que tienen las nociones de reconocimiento recíproco y autorrespeto en la teoría de la justicia de Rawls, para finalmente mostrar cómo a partir de ellas se puede reinterpretar la finalidad de la justicia distributiva e incluir las demandas de reconocimiento. (shrink)

Harsanyi und Rawls haben zu der Frage, wie die wichtigen Güter in einem Staat verteilt sein sollten, zwei sehr ähnliche Theorien entwickelt, kommen aber zu unterschiedlichen Schlüssen. Harsanyi plädiert für eine utilitaristische Regel, Rawls dagegen für eine Regel, die sich auf diejenigen konzentriert, denen es in der Gesellschaft am schlechtesten geht. Die fast fünfzig Jahre andauernde Diskussion zwischen den beiden wird hier systematisch dargestellt und analysiert. Erstens wird gezeigt, dass sich unter Berücksichtigung von Abneigung gegen Risiko und abnehmendem (...) Grenznutzen die auf dem Urzustand beruhenden Argumentationen weitaus ähnlicher sind, als den Autoren bewusst ist. Allerdings gibt Harsanyis Theorie wahrscheinlich den Armen im Gegensatz zu Rawls nur relative und keine absolute Priorität. Zweitens wird allerdings die Argumentation über den Urzustand infrage gestellt. Dabei sprechen außerhalb des Urzustandes mehrere praktische Erwägungen tendenziell für Rawls’ Differenzprinzip. (shrink)

This is a brief summary of some objections.

This chapter sets out John Rawls’s conception of autonomy and considers the role that it plays in his thought across A Theory of Justice and Political Liberalism. I suggest that one distinctive but overlooked feature of this conception is that it takes seriously the threat to autonomy that arises from how individuals are shaped by their social and political institutions. After setting out this conception and tracing its connections to wider discussions of autonomy, I argue for two main (...) conclusions. First, that despite appearances to the contrary, Rawls’s autonomy-based commitments are broadly speaking consistent across his two main works. Second, that these autonomy-based commitments are not in fact disbarred from playing a grounding role in Political Liberalism. On the contrary, I suggest that Rawls’s conception of autonomy motivates his aim of finding principles of justice that can be stable, and that this in turn illuminates his later commitment to a political liberalism. (shrink)

Very little attention has been paid towards examining John Rawls’s liberal principle of legitimacy as a self-standing theory. Nevertheless, it offers a highly original way of thinking about state legitimacy. In this paper, I will offer a sketch of what such an account might look like. At its heart is the idea that the legitimacy of the state resides not in the consent of the governed, nor in the state’s conformity with the appropriate principles of justice, but rather (...) in citizens’ endorsement of the state and its underlying constitutional principles on the basis of their own comprehensive conceptions of justice. Such an account offers a stable middle ground between popular alternatives, and has a way of not just solving, but dissolving, the problem of legitimacy. (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 (...) 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)

John Rawls is famous for two things: his attempt to ground morality in rationality and his conception of justice as fairness. He has developed and polished both in conjunction over the course of half a century. Yet the moral principles he advocates have always been more doctrinaire than the corresponding justification model should have ever allowed with design details explicitly promising objectivity. This article goes to the beginning, or to a reasonable proxy for it, in the “Outline of (...) a Decision Procedure for Ethics,” with the aim of exposing and examining the discrepancy where it originates. The goal is not to prey on the earliest version of an initiative later undergoing revision but to identify and investigate the inception of a systematic bias that is retained rather than revised in subsequent iterations. (shrink)

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 that a historicized difference principle considers the relative standing of racial, gender, and other historically stigmatized groups; provides their members assurance by weakening incentives to manipulate justice to another group’s advantage; and may result in policies resembling reparations, though justified by forward-looking considerations of self-respect and public assurance. I then examine how disrespectful justifications were historically used to forcibly include indigenous peoples as citizens. While Rawls thinks providing citizens one package of basic liberties signals respect, indigenous self-government could better support self-respect. I invoke Rawlsian international justice, which calls for mutual respect between peoples. Indigenous peoples’ status should reflect their past and persisting peoplehood, providing assurance by weakening incentives to unjustly transform international into domestic contexts. (shrink)

This is a defense of Rawls against recent criticism, ironically my own, though it is also a critique insofar as it addresses a problem that Rawls never does. As a defense, it is not a retraction of the original charges. As a critique, it is not more of the same op-position. In either capacity, it is not an afterthought. The charges were conceived from the outset with a specific solution in mind, which would have been too distracting to (...) pursue in the same article. This is that solution. It also highlights the problem. The original charges were that Rawls’s decision procedure for ethics does not justify his own moral principles, namely his principles of justice, and that the underlying problem may well keep the decision procedure from justifying any moral principles whatsoever, or at least any normatively useful ones. The underlying problem was, and still is, the model’s inherent universalism, which is built into the decision procedure through design specifications precluding relativism, yet only at the cost of limiting the relevant moral principles to generalities that are already widely accepted, thereby render-ing the procedure at best redundant and very likely vacuous as an ethical justification model. These difficulties are manifested in the work of Rawls as the dogmatism of champi-oning a distinctive conception of justice, a liberal one as he himself calls it, through a justification model that is too universalistic to permit such a bias and possibly also too universalistic to permit any substantive conclusions at all. The solution contemplated here is to position the decision procedure as a dynamic justification model responsive to moral progress, as opposed to a static one indifferent to such progress and equally open to all moral input, thus removing the inconsistency between the universalistic design and any distinctive or controversial principles, including the ones Rawls himself recommends, so long as they are consistent with moral progress. (shrink)

With the publication of A Theory of Justice in 1971, John Rawls not only rejuvenated contemporary political philosophy but also defended a Kantian form of Enlightenment liberalism called “justice as fairness.” Enlightenment liberalism stresses the development and exercise of our capacity for autonomy, while Reformation liberalism emphasizes diversity and the toleration that encourages it. These two strands of liberalism are often mutually supporting, but they conflict in a surprising number of cases, whether over the accommodation of group difference, (...) the design of civic education, or the promotion of liberal values internationally. During the 1980’s, however, Rawls began to jettison key Kantian characteristics of his theory, a process culminating in the 1993 release of Political Liberalism and completing the transformation of justice as fairness into a Reformation liberalism. -/- Reconstructing Rawls argues that this transformation was a tragic mistake because it jeopardized the most important features of his theory, viz. the lexical priorities of right, liberty, and fair equality of opportunity as well as the difference principle. Controversially, this book contends that Rawls’s so-called “political turn,” motivated by a newfound interest in diversity and the accommodation of difference, has been unhealthy for autonomy-based liberalism and has pushed liberalism more broadly towards cultural relativism, be it in the guise of liberal multiculturalism or critiques of cosmopolitan distributive-justice theories. The book then demonstrates that the central elements of justice as fairness can only be defended within the context of a Kantian Enlightenment liberalism and that Rawls’s hope for a more pluralistic grounding for his theory, endorsed by a wide variety of belief systems present in modern democratic societies, is illusory. -/- Reconstructing Rawls is the first book to systematically compare Rawls’s and Kant’s theories and the first to offer an internal critique and reconstruction of justice as fairness, reconceiving it as a comprehensive, universalistic Kantian liberalism. By doing so, it gives us both the vision of a liberal world order—“a republicanism of all states, together and separately,” as Kant put it—and a mode of justification addressed to all men and women, not as members of particular nations, races, and faiths, but as human beings, as citizens of the world. In short, it reclaims Rawls for the Enlightenment. (shrink)

Despite the vast literature on Rawls's work, few have discussed his arguments for the value of democracy. When his arguments have been discussed, they have received staunch criticism. Some critics have charged that Rawls's arguments are not deeply democratic. Others have gone further, claiming that Rawls's arguments denigrate democracy. These criticisms are unsurprising, since Rawls's arguments, as arguments that the principle of equal basic liberty needs to include democratic liberties, are incomplete. In contrast to his trenchant (...) remarks about core civil liberties, Rawls does not say much about the inclusion of political liberties of a democratic sort – such as the right to vote – among the basic liberties. -/- In this paper, I complete some of Rawls's arguments and show that he has grounds for including political liberties, particularly those of a democratic nature, in the principle of equal basic liberty. In doing so, I make some beginning steps toward illustrating the genuinely democratic nature of Rawls's arguments. Rawls believes that a few different arguments can be given for democratic institutions and that these arguments work together to support the value of democracy. In this paper, I focus on Rawls's arguments relating to self-respect. I focus on this set of arguments because they are among the strongest of Rawls's arguments for equal political liberty and its fair value. (shrink)

John Rawls’s 1980 Dewey Lectures are widely acknowledged to represent the locus classicus for contemporary discussions of moral constructivism. Nevertheless, few published works have engaged with the significant interpretive challenges one finds in these lectures, and those that have fail to offer a satisfactory reading of the view that Rawls presents there or the place the lectures occupy in the development of Rawls's thinking. Indeed, there is a surprising lack of consensus about how best to interpret (...) the constructivism of these lectures. In this paper, I argue that the constructivism presented in the Dewey Lectures is best understood as involving the view that moral truth is correspondence with procedurally-determined, stance-dependent facts. Employing Rawls’s discussion of rational intuitionism as a foil, I defend this reading against textual discrepancies from within the lectures, as well as those one finds across Rawls’s other works. In addition to settling interpretive disputes, I draw out the ways in which this understanding of Kantian constructivism fits within the broader comparative project in ‘moral theory’ that Rawls inherits from Sidgwick. (shrink)

Part of a symposium on John Rawls: Reticent Socialist by William Edmundson . In Edmundson’s account, pure procedural justice functions as a kind of limit to Rawls’s socialism, the point at which a socialist can find common ground with a critic of government and a defender of free markets like Hayek. Though I agree with much of what Edmundson says, I want to urge a reading of pure procedural justice that would bring Rawls more in line (...) with Marx and further from Hayek. (shrink)

In this paper I analyze the theory of legitimacy at the core of John Rawls’ political liberalism. Rawls argues that a political system is well grounded when it is stable. This notion of stability embodies both pragmatic and moral elements, each of which constitutes a key desideratum of Rawlsian liberal legitimacy. But those desiderata are in tension with each other. My main claim is that Rawls’ strategy to overcome that tension through his theory of public justification (...) is ultimately unsuccessful, because the account of consensus it envisages is unstably placed between the extremes of moralized redundancy and pragmatic free-for-all. In other words, what counts as consensus is either regulated too tightly, or not enough. -/- . (shrink)

Latent in John Rawls’s discussion of envy, resentment and voluntary social segregation is a plausible (partial) explanation of two striking features of contemporary American life: (1) widespread complacency about inequality and (2) decreased political participation, especially by the least advantaged members of society.

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

Robert Nozick initiated one of the most inspired and inspiring discussions in political philosophy with his 1974 response in Anarchy, State, and Utopia to John Rawls’s 1971 account of distributive justice in A Theory of Justice. These two works have informed an enormous amount of subsequent, especially liberal, discussions of economic justice, where Nozick’s work typically functions as a resource for those defending more right-wing (libertarian) positions, whereas Rawls’s has been used to defend various left-wing stances. Common (...) to these discussions, as found in politics generally (where similar kinds of arguments frequently are used to defend right and the left-wing policies and conclusions) is that they end in rather stubborn stalemates: the right defending minimal states while the left defends more extensive states. Interesting, too, is that both Nozick and Rawls take themselves to be consistent with, inspired by, and furthering Kant’s freedom project in the development of their own theories of justice. In this paper, I start by outlining the structures of these debates with an emphasis on the original disagreements between Nozick and Rawls. I then show how neither theory actually employed Kant’s own theory of justice, but rather drew on or out (presumed) implications of his ethical theory. In the final sections, I argue that if Nozick and Rawls had instead used Kant’s theory of justice and not his ethics, not only would their individual theories have been stronger, but they could have found ways of overcoming the unproductive stalemates that characterize their own as well as subsequent related discussions of economic justice as we currently find them in much scholarly and contemporary political debate. (shrink)

G. A. Cohen is well known within contemporary political philosophy for claiming that the scope of principles of justice extends beyond the design of institutions to citizens’ personal choices. More recently, he’s also received attention for claiming that principles of justice are normatively ultimate, i.e., that they’re necessary for the justification of action guiding principles (regulatory rules) but are unsuitable to guide political practice themselves. The purpose of this paper is to explore the relationship between these claims as they’re applied (...) in criticism of John Rawls. It argues that ascribing normative ultimacy to justice entails its application to personal choice. However, it also argues that if Cohen is right about Rawls’s difference principle being regulatory rather than ultimate, then his earlier claim that Rawls must extend it to personal choice on pain of inconsistency is refuted. (shrink)

Rawls's theory of political obligation attempts to avoid the obvious flaws of a Lockean consent model. Rawls rejects a requirement of consent for two reasons: First, the consent requirement of Locke’s theory was intended to ensure that the liberty and equality of the contractors was respected, but this end is better achieved by the principles chosen in the original position, which order the basic structure of a society into which citizens are born. Second, "basing our political ties upon (...) a principle of obligation would complicate the assurance problem." Instead, Rawls offers a duty-based account, whereby we are duty-bound to support and comply with just institutions that apply to us. A. John Simmons argues that Rawls cannot meet the particularity requirement of establishing political obligation to only one state. I assess the response that this requirement can be met by the political constructivist element of Rawls's theory. I conclude that there are fatal flaws in this response. (shrink)

John Rawls’s political liberalism and its ideal of public reason are tremendously influential in contemporary political philosophy and in constitutional law as well. Many, perhaps even most, liberals are Rawlsians of one stripe or another. This is problematic, because most liberals also support the redefinition of civil marriage to include same-sex unions, and as I show, Rawls’s political liberalism actually prohibits same- sex marriage. Recently in Perry v. Schwarzenegger, however, California’s northern federal district court reinterpreted the traditional (...) rational basis review in terms of liberal neutrality akin to Rawls’s “public reason,” and overturned Proposition 8 and established same-sex marriage. (This reinterpretation was amplified in the 9th Circuit Court’s decision upholding the district court on appeal in Perry v. Brown.) But on its own grounds Perry should have drawn the opposite conclusion. This is because all the available arguments for recognizing same-sex unions as civil marriages stem from controversial comprehensive doctrines about the good, and this violates the ideal of public reason; yet there remains a publicly reasonable argument for traditional marriage, which I sketch here. In the course of my argument I develop Rawls’s politically liberal account of the family by drawing upon work by J. David Velleman and H. L. A. Hart, and discuss the implications of this account for political theory and constitutional law. (shrink)