We characterize, more precisely than before, what Rawls calls the “analytical” method of drawing up a list of basic liberties. This method employs one or more general conditions that, under any just social order whatever, putative entitlements must meet for them to be among the basic liberties encompassed, within some just social order, by Rawls’s first principle of justice (i.e., the liberty principle). We argue that the general conditions that feature in Rawls’s own account of the analytical method, which employ (...) the notion of necessity, are too stringent. They ultimately fail to deliver as basic certain particular liberties that should be encompassed within any fully adequate scheme of liberties. To address this under-generation problem, we provide an amended general condition. This replaces Rawls’s necessity condition with a probabilistic condition and it appeals to the standard liberal prohibition on arbitrary coercion by the state. We defend our new approach both as apt to feature in applications of the analytical method and as adequately grounded in justice as fairness as Rawls articulates the theory’s fundamental ideas. (shrink)

This article discusses the self-respect argument for basic liberties, which is that self-respect is an important good, best supported by basic liberties, and that this yields a reason for the traditional liberty principle. I concentrate on versions of it that contend that self-respect is best supported by basic liberties for reasons related to the recognition that such liberties convey. I first discuss the two standard approaches loosely associated with John Rawls and Axel Honneth. Here self-respect pertains to traits and conduct (...) (Rawls) or to one’s personhood (Honneth). It is argued that these approaches fail to show why self-respect is better supported by the liberty principle than certain alternatives worth taking seriously – unless (in the case of personhood self-respect) self-respect is construed in such a narrow way that it is not a condition for autonomy or welfare in any plausible sense. I then identify a self-attitude that I call “a sense of competence”, which at least shows that the liberty principle is more important to autonomy than what we might otherwise have reasons to believe. (shrink)