One of the most powerful but elusive motifs in pragmatist philosophy is the idea that a liberal democracy should be understood as a community of inquirers. This paper offers a critical appraisal of a recent attempt to make sense of this intuition in the context of contemporary political theory, in what may be called pragmatist political liberalism . Drawing together ideas from Rawlsian political liberalism, epistemic democracy and pragmatism, proponents of PPL argue that the pragmatist conception of inquiry can provide (...) a satisfying interpretation of the idea of justificatory neutrality as it appears in political liberalism. This is contrasted with Dewey's understanding of the epistemic character of democracy, which is viewed as unacceptably sectarian. This paper identifies and criticizes the two principal lines of argument made in support of PPL: the clarification argument and the fixation argument. Neither of these lines of argument, it is argued, passes the test each sets itself. I argue that the latter closes down the epistemic openness in the justification of democracy that is central to pragmatism. (shrink)

The debate concerning solidarity and justice among states has missed the key contribution made to international affairs by corrective justice. Unlike distributive justice, which applies within states, corrective justice applies among states. It applies in particular to cooperative arrangements creating interdependence among them. Corrective justice does not require fairness in outcomes. It requires redress in cases of loss caused by unfairness. An illustration of corrective justice among states is the Eurozone’s response to the financial crisis. The assistance offered to the (...) most burdened states was not as an attempt to arrive at fair shares but an attempt to remedy the losses unfairly caused by the mistakes made by the Eurozone as a whole, when designing its basic architecture. (shrink)

In his provocative book War and Self-Defense, David Rodin criticizes attempts to justify national defense based on an analogy between the individual and the state. In doing so, he treats state personality as an analogy to the personality of the individual. Yet the state possesses the key attributes of moral personality, including a conception of the good life and a sense of justice. The state's unobservable — but nevertheless real — moral personality means that it also possessed the right to (...) defend the continued existence of that personality against an attack. Subject to the same constraints that are placed on individuals, such as necessity and proportionality, the state possesses the right to national defense based on its own personality. (shrink)

The article revisits two basic questions of political theory posed by Jon Elster. First, should the political process be defined as private or public, and second, should its purpose be understood instrumentally or intrinsically? Having posed these questions, Elster arrives at three views of politics: social choice , republican and discourse theory . I argue for a fourth view , and explain Elster's omission of this model by referring to his underlying paradigm of politics, that is, as will formation. The (...) main thesis in Elster's article is about whether the process of will formation should be relegated to the market mechanism or dealt with via deliberative forums. I reject this paradigm and argue instead for politics as jurisdiction. This notion of politics is concerned with the question of how both market and forum processes of will formation should be institutionalized. Defining politics as jurisdiction strongly improves the plausibility of the missing fourth model of democratic will formation, as a depiction of democratic will formation as private in its process and intrinsic in its purpose illustrates the importance of distinguishing between two levels of democracy: namely, the civil level of will formation and the political level of jurisdiction. (shrink)

Insights from social science are increasingly used in the field of applied ethics. However, recent insights have shown that the empirical branch of business ethics lacks thorough theoretical grounding. This article discusses the use of the Rawlsian methods of wide reflective equilibrium and overlapping consensus in the field of applied ethics. Instead of focussing on one single comprehensive ethical doctrine to provide adequate guidance for resolving moral dilemmas, these Rawlsian methods seek to find a balance between considered judgments and intuitions (...) concerning particular cases on the one hand and general principles and theories on the other. In business ethics this approach is promissing because it enables decision-making in a pluralist context with different stakeholders who often endorse different or even conflicting cultural and moral frameworks without giving priority to any of them. Moreover, the method is well founded in political theory. A taxonomy of different kinds of applications is developed, and classified according to the purpose, the content, and the type of justification. On the basis of this taxonomy an inventory of 12 recent applications is made. In terms of the purpose and content of the method the applications are rather diverse. Two conceptual obstacles for applying Rawlsian methods are identified, viz. inclusiveness and the communitarian objection that people have to become detached from their personal life. It is found that methodological questions, such as the question how to retrieve the relevant empirical data, are scarcely addressed in the literature. To advance the use of empirical approaches in general, and that of Rawlsian approaches in particular, it is important not only to use empirical data but to use methodological insights from social sciences in order to further advance the field of empirical ethics. It is recommended that stakeholders be given a more active role in the assessment and justification of these methods. (shrink)

Against arguments that suggest that Rawls’s notion of reasonability is ‘obscure’ and ‘unclear’ I argue in this essay that the idea of reasonability in the later Rawls can be defended in three ways. First, it can be shown that reasonability is fundamental to the architectonic of the later work. Reasonability, and the subordination of reason to reasonability, is fundamental to the later (post-1980) writings. Second, it can be shown that reasonability is not necessarily a vague term as many have claimed. (...) Third, it can be shown that reasonability is fundamental to what Rawls calls the three major new ideas of Political Liberalism: overlapping consensus; the reconception of the priority of the right over the good; and the idea of public reason. (shrink)

Those who criticize as well as those who nowadays defend constructivism in metaethics consider John Rawls’s constructivism to be incomplete. According to them, his ontological agnosticism makes evident this incompleteness; I question this widely accepted charge. I propose an alternative interpretation, according to which Rawls’s agnosticism is the effect of his metaethics rather than a lack of metaethics. Thanks to this interpretation, I question the originality and attractiveness of Rawls’s metaethics. My claim is that Rawls’s metaethics adequately captures the specific (...) historical nature of political norms. (shrink)

Plausible retributivist justifications for punishment assert that the commission of a moral wrong creates a pro tanto reason to punish the person who committed it. Yet there are good case-based and theoretical reasons to believe that not all moral wrongs are the proper subjects of criminal law or that they are within the proper domain of the state. This article provides these reasons, which suggest that a plausible retributivist justification for punishment must make distinctions between state-relevant and non-state-relevant moral wrongs (...) and state-relevant and non-state-relevant desert. The article makes the case for Rawlsian public reason as a plausible method for making these distinctions. (shrink)

Se presenta aquí brevemente la teoría de la justicia elaborada por Rawls, primeramente sobre una base moral, y luego (en el llamado segundo Rawls) la teoría de justicia desde una perspectiva política, con la que Rawls intenta justificar también la existencia del Estado, mediante un contrato social. Se analizan después las primeras críticas realizadas a su teoría. Se sostiene la tesis de que la conveniencia se convierte, sin desearlo, en utilidad, en Rawls, y ésta se convierte en sinónimo de justicia. (...) Se critica esta concepción dado que la elección hecha por la mayoría, para la conveniencia de la mayoría, no hace a una ley justa. Se advierte, además, que la idea de la igualdad considerada, sin más, sinónimo de justicia social, requiere una profunda reflexión. Se realiza, pues, un análisis de los presupuestos de la idea de justicia rawlsiana en cuanto parece identificarse con la idea de utilidad general y distorsionándose la misma idea de justicia. (shrink)

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.

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 (...) members of the group. Finally, it is argued that toleration excludes external protections of minority groups. (shrink)

Ronald Dworkin’s Justice for Hedgehogs defends liberal political morality on the basis of a rich account of dignity as constitutive of living well. This article raises the Rawlsian concern that making political morality dependent on ethics threatens citizens’ political autonomy. Thereafter, it addresses whether the abandonment of ethical foundations signals the demise of Dworkin’s liberalism and explores the possibility of laundering his conception so as to facilitate a marriage between the political philosophies of Rawls and Dworkin. The article finishes by (...) rebutting some objections Dworkin raises against Rawls’s account of public reason. (shrink)

The capability approach is one of the main contenders in the field of theorizing social justice. Each citizen is entitled to a set of basic capabilities. But which are these? Martha Nussbaum formulated a set of ten central capabilities. Amartya Sen argued they should be selected in a process of public reasoning. Critics object that the Nussbaum-approach is too perfectionist and the Sen-approach is too proceduralist. This paper presents a third alternative: a substantive but non-perfectionist capability theory of justice. It (...) presents a two-level concept of individual agency as connected to social practices. It then argues basic capabilities are those necessary to for the agency necessary to navigate freely and autonomously between different social practices. (shrink)

The capability approach is one of the main contenders in the field of theorizing social justice. Each citizen is entitled to a set of basic capabilities. But which are these? Martha Nussbaum formulated a set of ten central capabilities. Amartya Sen argued they should be selected in a process of public reasoning. Critics object that the Nussbaum‐approach is too perfectionist and the Sen‐approach is too proceduralist. This paper presents a third alternative: a substantive but non‐perfectionist capability theory of justice. It (...) presents a two‐level concept of individual agency as connected to social practices. It then argues basic capabilities are those necessary to for the agency necessary to navigate freely and autonomously between different social practices. (shrink)

Although G. A. Cohen's work on Marx was flawed by a lack of gender-awareness, his work on Rawls owes much of its success to feminist inspiration. Cohen appeals effectively to feminism to rebut the basic structure objection to his egalitarian ethos, and could now appeal to feminism in response to Andrew Williams's publicity objection to this ethos. The article argues that Williams's objection is insufficient to rebut Cohen's ethos, inapplicable to variants of this ethos, and in conflict with plausible gender-egalitarian (...) ethoses. The article also advocates an understanding of basic structuralism and publicity consistent with feminism, and argues that Rawlsians need not reject plausible domestic egalitarian ethoses on either publicity or liberty grounds. To Michèle, G. A. Cohen's Harriet Taylor. (shrink)

Climate change is projected to have very severe impacts on future generations. Given this, any adequate response to it has to consider the nature of our obligations to future generations. This paper seeks to do that and to relate this to the way that inter-generational justice is often framed by economic analyses of climate change. To do this the paper considers three kinds of considerations that, it has been argued, should guide the kinds of actions that one generation should take (...) if it is to treat both current and future people equitably. In particular it examines the case for what has been termed pure time discounting, growth discounting and opportunity cost discounting; and it assesses their implications for climate policy. It argues that none of these support the claims of those who think they give us reason to delay aggressive mitigation policies. It also finds, however, that the second kind of argument can, in certain circumstances, provide support for passing on some of the costs of mitigation to future generations. (shrink)

Is liberalism adaptable enough to the ecological agenda to deal satisfactorily with the challenges of anthropogenic climate change while leaving its normative foundations intact? Compatibilists answer yes; incompatibilists say no. Comparing such answers, this article argues that it is not discrete liberal principles which impede adapatability, so much as the constructivist model (exemplified in Rawls) of what counts as a valid normative principle. Constructivism has both normative and ontological variants, each with a realist counterpart. I argue that normative constructivism in (...) the Rawlsian mode, whatever its strengths elsewhere, is markedly ill‐equipped to deal with the particular normative challenges posed by climate change – and that that these doubts holds regardless of which stance is adopted as its ontological corollary. (shrink)

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 (...) argues that the empirically based analysis can generate criteria for assessing whether the normative theory successfully works out a solution, thereby developing a functionalist structure of justification. He further argues that this interpretation overcomes a longstanding criticism of constructivism, namely, that the use of substantive moral concepts in the hypothetical choice procedure biases the defense of principles in a particular direction and therefore begs important philosophical questions. (shrink)

Do pharmaceutical companies have a moral obligation to expand access to investigational drugs to patients outside the clinical trial? One reason for thinking they do not is that expanded access programs might negatively affect the clinical trial process. This potential impact creates dilemmas for practitioners who nevertheless acknowledge some moral reason for expanding access. Bioethicists have explained these reasons in terms of beneficence, compassion, or a principle of rescue, but their arguments have been limited to questions of moral permissibility, leaving (...) for future research the question of whether expanded access is morally obligatory. We take up this further question and argue that pharmaceutical companies have a moral obligation to expand access. Our defense is not based on beneficence, compassion, or rescue, but instead on a reciprocal moral expectation resulting from existing social commitments that help ensure a robust pharmaceutical practice within the broader healthcare system. Our aim is to give this obligation, along with several others, a coherent and plausible structure within the wider clinical trial process so that one might better explain the sources of the dilemmas and their possible resolutions. (shrink)

ABSTRACT:This paper re-examines the import of Rawls’s theory of justice for private sector institutions in the face of the decline of the welfare state. The argument is based on a Rawlsian conception of justice as the establishment of a basic structure of society that guarantees a fair distribution of primary goods. We propose that the decline of the welfare state witnessed in Western countries over the past forty years prompts a reassessment of the boundaries of the basic structure in order (...) to include additional corporate institutions. A discussion centered on the primary good of self-respect, but extensible to power and prerogatives as well as income and wealth, examines how the legislator should intervene in private sector institutions to counterbalance any unfairness that results from the decline of the welfare state. (shrink)

Recent calls for reinstituting mandatory home economics education have emphasized its potential to advance gender egalitarian aims. The thought is that, because women’s disproportionate performance of caregiving and household labor is partially caused by gender socialization that better prepares women than men for such work, we can disrupt gender inegalitarian work distributions by preparing everyone for the sort of work in question. The curricula envisioned in these calls are gender-neutral, in the sense that they recommend identical educational interventions for all (...) genders. By exploiting a parallel between gender-neutral educational policies and gender-neutral family leave policies, we argue first that gender-neutral home economics instruction is unlikely to advance gender egalitarian aims, and may in fact reinforce the very outcomes it is meant to disrupt. However, we further argue that a more radical home economics curriculum could avoid these difficulties. To the extent that we value educational interventions as a possible means for advancing gender egalitarian aims, we have good reason to seriously consider adopting a gender non-neutral program in which all and only boys receive mandatory caregiving instruction. (shrink)

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 (...) goes, the Public Justification Principle is not justifiable to all reasonable citizens, and thus fails its own test of legitimacy. And this, critics conclude, undermines the public reason liberal project. This article argues that answering the self-defeat objection to public reason liberalism requires fundamentally rethinking prevailing accounts of the Public Justification Principle’s role. My aim is to develop an account of the Public Justification Principle that vindicates its coherence and moral appeal in the face of reasonable disagreement. (shrink)

Kant’s writings on political philosophy do not clearly and conclusively determine its place and significance in his critical philosophy. To address this issue, most accounts of Kant’s political philosophy concentrate on his explicitly political texts that cluster around the second and third Critiques. Although many of these interpretations illuminate different aspects of Kant’s political philosophy, they are silent with regard to a concept of publicness that is implied in the first Critique. This article suggests that Kant’s critical method of metaphysics (...) implies a disciplinary conception of publicness, which is foundational for his political philosophy. It demonstrates how this conception of publicness can be found in the Doctrine of Method of the first Critique, more specifically, in Kant’s argument that all acts of reason must be subjected to the discipline of pure reason. (shrink)

Philosophy & Social Criticism, Volume 48, Issue 3, Page 333-360, March 2022. Kant’s writings on political philosophy do not clearly and conclusively determine its place and significance in his critical philosophy. To address this issue, most accounts of Kant’s political philosophy concentrate on his explicitly political texts that cluster around the second and third Critiques. Although many of these interpretations illuminate different aspects of Kant’s political philosophy, they are silent with regard to a concept of publicness that is implied in (...) the first Critique. This article suggests that Kant’s critical method of metaphysics implies a disciplinary conception of publicness, which is foundational for his political philosophy. It demonstrates how this conception of publicness can be found in the Doctrine of Method of the first Critique, more specifically, in Kant’s argument that all acts of reason must be subjected to the discipline of pure reason. (shrink)

This paper argues that moral distress is a distinctive category of reactive attitudes that are taken to be part and parcel of the social dynamics for recognition. While moral distress does not demonstrate evidence of wrongdoing, it does emotionally articulate a demand for normative attention that is addressed to others as moral providers. The argument for this characterization of the deontic power of moral distress builds upon two examples in which the cognitive value of the victim’s emotional experience is controversial: (...) the case of micro-aggression, and the case of misplaced distress. In contrast to appraisal and perceptual models of distress, it is argued that its epistemic and normative value is dialogical rather than evidential, in that it presses claims that engage the audience in a normative discussion about the normative standing of the claimant, the proper grounds of the attitude, and the normative standards used to assess them. (shrink)

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 (...) portion of the citizenry. The paper replies that both objections miss their mark. To the associational objection, it replies that the relevant test for a reason to be public is whether the reasons have been construed under the rules and constrains of a public frame of thought. Insofar as scientific methods and conclusions correspond to the principles of reasoning and rules of evidence that liberals understand as public, their associational origin is secondary. To the controversiality objection, it replies that the standard for a scientific argument to be regarded as non-controversial should refer to its degree of intra-scientific consensus, since ordinary citizens accept or reject scientific pronouncements conditioned to their particular comprehensive views. Nonetheless, a wide extra-scientific agreement on the epistemic virtues of the scientific method will be needed. The paper concludes that there is a good case to think about scientific reasons as public to the extent that scientific reasoning is a mode of inquiry that mirrors a central aspiration of Rawlsian political liberalism: having a public way of thought and an impersonal standpoint to adjudicate between competing claims. (shrink)

For more than a decade now a profound rule-of-law crisis has gripped the European Union, and while the fight for the rule of law has topped not only the academic but also the judicial and political agenda, the results have been disappointingly meagre. This article argues that the main reason for that should be sought in a political strategic move of justifying the assaults on the rule of law by resorting to an “illiberal democracy.” This premeditated political narrative shift has (...) unleashed onto the political sphere and onto public discourse at large comprehensive doctrines which had hitherto been left dormant thanks to an overlapping consensus on the rule of law as a central building block of the political conception of justice à la Rawls. Once this overlapping consensus was broken, the rule of law itself lost its neutral character as a referee on the right among the many conceptions of the good, itself becoming part of the highly politicized power play for dominance among irreconcilable—liberal and illiberal—comprehensive doctrines. The overlapping consensus in the EU is thus broken, but there are no conceptual reasons inherent to the rule of law itself for which it could not be rebuilt in the future. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Modernity as a Rhetorical Problem: Phronēsis, Forms, and Forums in Norms of Rhetorical CultureJames Arnt AuneThe true paradises are the paradises that we’ve lost.—Marcel Proust, The Past RegainedThomas B. Farrell’s Norms of Rhetorical Culture (1993, 6) remains both a masterly synthesis of previous constructive work in rhetorical theory and the essential starting point for anyone committed to reconciling the practical impulses of Aristotelian rhetoric, ethics, and politics with the (...) critical imperatives of modernity. In what follows, I try to make a very simple point about Farrell’s recuperation of Aristotelianism: he neglects matters of social causation and institutional design that were essential to Aristotle’s understanding of rhetoric. In turn, by displacing the social in favor of the cultural—a displacement characteristic of much recent work in the human sciences (Schudson 1997)—Farrell lacks a coherent account of the gap between the normative aspirations of classical rhetoric and the empirical characteristics of public life in modern liberal democracies.The problem appears most clearly in chapter 7 of Norms : “Criticism, Disturbance, and Rhetorical Community.” Farrell defines culture as “the common definition of places for the invention and perpetuation of meaning. A culture offers to those who live in it symbols and families of practices that [End Page 402] permit ongoing performances of meaning and value” (1993, 277). Summarizing his previous arguments, Farrell contends that Aristotle’s Rhetoric informs modern “cultural occasions” in three ways: “the impetus for rhetorical meaning, which we find in Aristotle’s seminal understanding of phronēsis, typified by deliberative prudence; a concept of rhetorical form, which we have found in the prototype for public inference and judgment—the enthymeme; and a modern rhetorical forum, a space of engagement wherein the modern constraints of rhetorical culture might assert themselves” (1993, 277). Although these three concepts are inherently useful, both for analyzing past rhetorical episodes and for projecting emancipatory rhetorical possibilities in the present, they are insufficiently grounded in a historical account of the differences between ancient and modern prudential deliberation, rhetorical forms, and rhetorical forums. An adequate history of these differences would require attention to modern social systems as a whole, which include the economy, the polity, and social institutions such as the family, schools, religious and ethnic organizations, and, most crucially for contemporary social systems, the entire apparatus of the culture industry, including the news and entertainment “media.”The cultural aspect of the modern social system, loosely following Talcott Parsons (1951), includes norms, which make for communal solidarity, and values, which undergird the whole system. Although a thoroughgoing account of the place of rhetoric in the entire contemporary social system of a modern liberal democracy such as the United States or Canada would have required a book three times as long as Norms, there are three ways in which modernity complicates the appropriation of Aristotle’s concepts. First, rhetorical meaning is very different in a social system in which individual autonomy takes precedence over communal solidarity as a fundamental value (Pippin 1999). Second, rhetorical forms function differently in a social system in which those forms can be commodified (Aune 1994, 2001). Third, rhetorical forums are also far more complex, especially in an extended republic like Canada or the United States, requiring greater attention to the way in which constitutions literally create persons who speak (such as the president or prime minister) and spaces for speaking (Congress, the state or provincial houses [White 1984]). The need to raise massive sums of money to obtain media access for common rhetorical deliberation, as is especially the case in the United States, complicates the notion of a rhetorical forum immensely. Even without adopting a broadly Marxian framework, it is clear that the rise and development of capitalism have permanently altered rhetorical deliberation and its forms and forums. [End Page 403] In what follows, I expand on these three criticisms first, by developing a historical account of the social changes that necessitate a rethinking of classical rhetorical theory; second, by comparing and contrasting Farrell’s work with two other contemporary Aristotelianisms, one antimodernist and the other solidly modernist; and third, by developing a framework for normative and empirical investigation of rhetoric that is, I hope... (shrink)

To be a liberal is, among other things, to grant basic liberties some degree of priority over other aspects of justice. But why do basic liberties warrant this special treatment? For Rawls, the answer has to do with the allegedly special connection between these freedoms and the ‘two moral powers’ of reasonableness and rationality. Basic freedoms are said to be preconditions for the development and exercise of these powers and are held to warrant priority over other justice-relevant values for that (...) reason. In the first half of the article I mount an internal critique of this Rawlsian line, arguing that it is flawed in two main ways. First, it overestimates the contribution of basic freedom to moral personality. Second, it underestimates the contribution of non-liberty resources to moral personality. In the second half of the article I repair these flaws. The result is a new, intriguingly radical version of justice as fairness, one with surprising—yet plausible—implications for economic and gender justice. (shrink)

This paper considers the view that the basis of equality is the range property of being a moral person. This view, suggested by John Rawls in his A Theory of Justice (1971), is commonly dismissed in the literature. By defending the view against the criticism levelled against it, I aim to show that this dismissal has been too quick. The critics have generally failed to fully appreciate the fact that Rawls's account is restricted to the domain of distributive justice. On (...) Rawls's view distributive justice is a matter of the fair terms of cooperation among the participants of a system of social cooperation. I argue that this understanding of distributive justice can provide a compelling rationale for considering moral personality as the basis of equality for this domain of morality. That moral persons are indeed equal is further supported by an intuitive argument concerning the irrelevance of morally arbitrary factors, giving us reasons to believe that varying capacities among moral persons does not result in an unequal moral status. The dismissal of Rawls's account of equality has thus been premature, and it remains an important view to consider. (shrink)

Ідеї пізнього, а особливо раннього періодів творчості Ролза рідко стають предметом серйозної уваги. На думку автора, ця ситуація усталює стереотипні й однобічні тлумачення. Натомість предметна увага до Ролзових ідей раннього і пізнього етапів дає підстави істотно збагатити поле інтерпретацій в сучасній політичній філософії. Мета цієї статті потрійна: довести, що критика Мартою Нусбаум пізніх ідей Ролза, запропонована в межах підходу спроможностей, не є вичерпною; що ця критика постане більш плідною, якщо спиратиметься на деякі ранні ідеї самого Ролза, які той згодом використовувати (...) перестав; що таке поєднання критичних арґументів створює нову версію політичного лібералізму, послідовнішу за версії як пізнього Ролза, так і Нусбаум. Цю версію автор пропонує називати «експансивним політичним лібералізмом». Важливим компонентами ЕПЛ є ідея Генрі Ричардсона про взаємодоповнюваність «благого» та «правильного», арґумент пайдеї, а також інтерпретації підходу спроможностей в рамках «розумних всеохопних доктрин». Спираючись на ці компоненти, автор описує механізм впливу на «фонову культуру», з якої потім наро- джується «публічний розум», що буде визначати «політичну концепцію» Ролза. Таким чином, у рамках ЕПЛ «політична концепція» може розширюватися. Через взаємодоповнюваність «благого» та «правильного» вона набуває здатності краще реаґувати на політичні виклики, зберігаючи водночас непорушність фундаментальних політичних принципів суспільства. (shrink)

This article critically examines Busk's Democracy in Spite of the Demos, which critiques the “categorical imperative of democracy.” Although Busk effectively challenges the commitment to value-neutral democratic procedures as the foundation for legitimate law, his alternative, curtailing powerful interests ability to manipulate voters using “socially necessary delusions,” risks establishing elite rule. This article instead proposes basic liberal rights as the normative foundation for legitimate public order and militant democracy as its most effective institutional safeguard, arguing that this combination better realizes (...) human emancipation. (shrink)

There is an emerging consensus among political philosophers that state legitimacy involves something more than—or perhaps other than—political obligation. Yet the principle of fair play, which many take to be a promising basis for political obligation, has been largely absent from discussions of the revised conception of legitimacy. This paper shows how the principle of fair play can generate legitimate political authority by drawing on a neglected feature of the principle—its stipulation that members of a cooperative scheme must reciprocate specifically (...) by submitting to the scheme's rules. (shrink)

My paper addresses a topic--the implications of Rawls's justice as fairness for affirmative action--that has received remarkably little attention from Rawls's major interpreters. The only extended treatments of it that are in print are over a quarter-century old, and they bear scarcely any relationship to Rawls's own nonideal theorizing. Following Christine Korsgaard's lead, I work through the implications of Rawls's nonideal theory and show what it entails for affirmative action: viz. that under nonideal conditions, aggressive forms of formal equality of (...) opportunity (e.g., sensitivity training, outreach efforts, external monitoring and enforcement) and compensating support (e.g., special fellowship programs, childcare facilities, mentoring, co-op opportunities, etc.) can be justified, but that "hard" and even "soft" quotas are difficult to defend under any conditions. I conclude the paper by exploring the implications of these surprising results for contemporary liberalism more broadly and for constitutional law and public policy. (shrink)

The term “social world” is increasingly familiar in philosophy and political theory. Rawls uses it quite often, especially in his later works. But there has been little explicit discussion of the term and the idea of social worlds. My aim in this paper is to show that political philosophers, Rawlsian or not, should think seriously about social worlds and the roles these things play and ought to play in their work. The idea of social worlds can help political philosophers think (...) about what they do in new and fruitful ways and enrich debates about the roles, aims, and methodology of political philosophy. I begin by analyzing Rawls’s uses of “social world.” I then propose a broadly Rawlsian conception of social worlds as logically possible closed networks of social relations between agents. Next, I put this conception to work, arguing that the idea of navigating the landscape of social worlds can help us better understand the four apparently disparate roles of political philosophy that Rawls presents. Moving beyond Rawls interpretation, I use the idea of social worlds to develop an analogy and distinction between world-oriented and principle-oriented approaches to political philosophy. While principle-oriented approaches grant centrality and importance to engagement with principles of justice, legitimacy, or other political concepts, world-oriented approaches grant centrality and importance to engagement with social worlds. I propose two examples of world-oriented approaches, political philosophy as navigation and political philosophy as world-building, and argue that they are viable and worthy of further consideration. (shrink)

What is the relationship between human rights and the rights of states? Roughly, while cosmopolitans insist that international morality must regard as basic the interests of individuals, statists maintain that the state is of fundamental moral significance. This article defends a relational version of statism. Human rights are ultimately grounded in a relational norm of reciprocal independence and set limits to the exercise of public authority, but, contra the cosmopolitan, the state is of fundamental moral significance. A relational account promises (...) to justify a limited conception of state sovereignty while avoiding the familiar cosmopolitan criticisms of statist accounts. (shrink)

No understanding of morality has more zealous or influential defenders among academic philosophers than Kant’s. Yet as Michael Rosen demonstrates in The Shadow of God, there is a sense in which Kant’s critics take his conception of freedom more seriously nowadays than his defenders. As a result, contemporary versions of “Kantian ethics” often end up challenging what Rosen calls “the ethics of Kant,” not just the claims of rival moral theories. Rosen supports this surprising conclusion with some powerful arguments, showing (...) that we cannot make sense of Kantian moral philosophy or its extraordinary impact on modern philosophy while detaching it from Kant’s conception of transcendental freedom. But Rosen overstates the continuity between Kant and the Idealist philosophers that he inspired. Thinkers like Schiller, Schelling, and Hegel took Kant’s concept of transcendental freedom far more seriously than defenders of Kantian ethics do today. But precisely because they did so, they felt compelled to address a whole new set of problems, which could be solved only by radically transforming the conception of freedom that they received from Kant. (shrink)

The article revisits two basic questions of political theory posed by Jon Elster. First, should the political process be defined as private or public, and second, should its purpose be understood instrumentally or intrinsically? Having posed these questions, Elster arrives at three views of politics: social choice , republican and discourse theory . I argue for a fourth view , and explain Elster's omission of this model by referring to his underlying paradigm of politics, that is, as will formation. The (...) main thesis in Elster's article is about whether the process of will formation should be relegated to the market mechanism or dealt with via deliberative forums. I reject this paradigm and argue instead for politics as jurisdiction. This notion of politics is concerned with the question of how both market and forum processes of will formation should be institutionalized. Defining politics as jurisdiction strongly improves the plausibility of the missing fourth model of democratic will formation, as a depiction of democratic will formation as private in its process and intrinsic in its purpose illustrates the importance of distinguishing between two levels of democracy: namely, the civil level of will formation and the political level of jurisdiction. (shrink)

Threats to the stability of liberal democracies are of obvious contemporary import. Concern with stability runs through John Rawls’s work. The stability that concerned him was that of fundamental terms of cooperation. Rawls long believed that the terms which would be stable were his two principles, but he eventually conceded that even a well-ordered society was more likely to be characterized by “justice pluralism” than by consensus on his own conception of justice. Contemporary liberal democracies, too, are divided about what (...) justice demands. I believe Rawls’s treatment of stability can help us understand the conditions under which fundamental terms of cooperation can be stable under non-ideal conditions such as ours. But because Rawls never worked through the consequences of his concession, his view needs to be developed before we can draw on it. Rawls’s treatment makes use of elementary game theory. Thus in _Theory of Justice_ he said -- and in _Political Liberalism_ he implied -- that stability would result from citizens with a sense of justice “playing” strategies which combined for what was, in effect, a Nash equilibrium. I argue that his concession requires a new conception of stability and implies that Rawls cannot appeal to a Nash equilibrium to show how stability would be maintained. His concession therefore forces open a troubling gap in his analysis. I fill that gap by proposing a weaker equilibrium concept that serves Rawlsian purposes. I conclude with what this project suggests for challenges facing the fragile liberal democracies of our own time. (shrink)

Though John Rawls's treatment of stability has received less attention than other parts of his work, it promises help in understanding how liberal institutions can reproduce themselves under non-ideal conditions like ours. But stability in Rawls's sense seems to depend ineliminably on society's justice, and Gerald Cohen powerfully criticized the connection Rawls drew between the two. Cohen contends that stability is ‘alien’ to justice rather than conceptually connected to it. It is therefore a consideration that should be studied separately. If (...) we are to draw on Rawls's treatment, it needs to be defended against Cohen's critique. I argue that it can be. The defense depends upon establishing a conclusion that Cohen thought inconsistent with Rawls's theory and that might have discomfited Rawls himself: that the arguments he offered for the stability of a just society were more limited and tentative than he acknowledged. Locating those limits has two valuable payoffs. It sheds light on some of the more obscure and difficult, but neglected parts of Rawls's work. More important for our current political moment, it shows the points at which unjust societies such as our own need to be shored up. (shrink)

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: (1) What precisely is justice? (2) Why should one be just?’. He answers that (1) justice consists of conventions which (2) 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 Expectations. I contend that the plausibility of the first condition depends upon principles which are prior to Vanderchraaf’s conventions of justice and that the second condition does not account for the interest Vanderschraaf must think we take in those principles. I therefore worry that Vanderschraaf does what he accuses other theorists of justice as mutual advantage of doing: going outside the bounds of justice as mutual advantage. To lay the groundwork for his conditions, Vanderschraaf analyzes the circumstances of justice. I argue that, his claims to the contrary notwithstanding, he does not take the circumstances to be the kind of conditions Hume takes them to be, but that he has good reason to do so. (shrink)