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)

The primary concern of this essay is with the question “What is a political community?” This question is important in its own right. Arguably, the main purpose of political philosophy is to provide an account of the nature of political association and, in so doing, to describe the relations that hold between the individual and the state. The question is also important, however, because of its centrality in contemporary debate about liberalism and community.

So-called activation policies aiming at bringing jobless people into work have been a central component of welfare reforms across OECD countries during the last decades. Such policies combine restrictive and enabling programs, but their characteristic feature is that enabling programs are also mandatory, and non-compliers are sanctioned. There are four main arguments that can be used to defend mandatory activation of benefit recipients. We label them efficiency, sustainability, paternalism, and justice. Each argument is analysed in turn. First we clarify which (...) standards it invokes, thereafter we evaluate each argument according to its own standards and introduce competing normative concerns that have to be taken into account. (shrink)

Despite women’s increased labor force participation, household divisions of labor remain highly unequal. Properly implemented, gender egalitarian political interventions such as work time regulation, dependent care provisions, and family leave initiatives can induce families to share work more equally than they currently do. But do these interventions constitute legitimate uses of political power? In this article, I defend the political legitimacy of these interventions. Using the conception of citizenship at the heart of political liberalism, I argue that citizens would accept (...) political interventions aimed at protecting the ‘genuinely available option’ to enact gender egalitarian lifestyles. More strongly still, I argue that under certain circumstances, citizens would insist on the enactment of political interventions to protect this option. According to political liberalism’s constraints on legitimacy, this insistence renders these interventions not only legitimate but positively mandatory. It is legitimate for a state to exercise power to preserve the genuinely available option to enact a gender egalitarian lifestyle, and under certain circumstances, it is illegitimate for a state to fail to do so. (shrink)

The National Institute for Health and Clinical Excellence (hereafter NICE) was created in 1998 to give guidance on which treatments should be provided by the British National Health Service, and to whom. So it has a crucial role as an agent of distributive justice. In this paper I argue that it is failing to adequately explain and justify its decisions in the public arena, particularly in terms of distributive justice; and that this weakens its legitimacy, to the detriment of the (...) National Health Service as a whole. I argue that this failure arises from the fact that NICE works within the frameworks of positivist science and liberal ethics, largely to the exclusion of other perspectives. This narrowness of view prevents NICE from properly connecting with the range of moral concerns represented in the population. I argue for NICE’s deliberations to become more inclusive, both in terms of epistemology, and also in terms of ethical perspectives. And I suggest a range of perspectives that could usefully be included. Finally I offer a framework of structures, philosophies and discussion process that will enable competing perspectives to be debated fairly and productively in this process. (shrink)

While theorists of cultural pluralism have generally supported tribal sovereignty to protect threatened Native cultures, they fail to address adequately cultural conflicts between Native and non-Native communities, especially when tribal sovereignty facilitates illiberal or undemocratic practices. In response, I draw on Jürgen Habermas' conceptions of dis-course and the public sphere to develop a universalist approach to cultural pluralism, called the 'intercultural public sphere', which analyzes how cultures can engage in mutual learning and mutual criticism under fair conditions. This framework accommodates (...) cultural diversity within formally universalistic parameters while avoiding four common criticisms of universalist approaches to cultural pluralism. But this framework differs from that of Habermas in two ways. First, it includes 'subaltern' publics, open only to members of cultural subgroups, in order to counter relations of 'cultural power'. Second, it admits 'strong' publics, democratic institutions with decision-making powers. Finally, I show how the subaltern, strong institutions of tribal sovereignty contribute to the fair discursive conditions required for mutual learning and mutual critique in an intercultural public sphere. Key Words: Habermas • Kymlicka • Native peoples • sovereignty • tribal. (shrink)

Despite women’s increased labor force participation, household divisions of labor remain highly unequal. Properly implemented, gender egalitarian political interventions such as work time regulation, dependent care provisions, and family leave initiatives can induce families to share work more equally than they currently do. But do these interventions constitute legitimate uses of political power? In this article, I defend the political legitimacy of these interventions. Using the conception of citizenship at the heart of political liberalism, I argue that citizens would accept (...) political interventions aimed at protecting the ‘genuinely available option’ to enact gender egalitarian lifestyles. More strongly still, I argue that under certain circumstances, citizens would insist on the enactment of political interventions to protect this option. According to political liberalism’s constraints on legitimacy, this insistence renders these interventions not only legitimate but positively mandatory. It is legitimate for a state to exercise power to preserve the genuinely available option to enact a gender egalitarian lifestyle, and under certain circumstances, it is illegitimate for a state to fail to do so. (shrink)

Hayek claimed that the idea of social justice is meaningless in a market economy because in that context, no identifiable agent intentionally brings about the distribution of wealth. But the assumption that the existence of injustice entails an identifiable agent of injustice is erroneous. Moreover, Hayek ignores the fact that in a market economy, the broad pattern of economic outcomes is foreseeable even if detailed, person‐by‐person outcomes are not. Hayek's rejection of the idea of social justice reveals a striking naïveté (...) about his own ethical presuppositions. (shrink)

While Okin's feminist appropriation of Rawls's theory of justice requires that principles of justice be applied directly to the family, Rawls seems to require only that the family be minimally just. Rawls's recent proposal dulls the critical edge of liberalism by capitulating too much to those holding sexist doctrines. Okin's proposal, however, is insufficiently flexible. An alternative account of the relation of the political and the nonpolitical is offered by Jürgen Habermas.

This article outlines the basic tenets of political liberalism, a recent twist in liberal theories of justice, and distinguishes a ?sufficiency? approach from its more ?egalitarian? rivals. The article argues that a ?sufficiency? principle as the basis for distributing social and material goods, is a logical extension of the commitment to a democratic ideal, one that is required to give substance to political rights guaranteed to all citizens as free and equal members of society. To illustrate the attractiveness of this (...) approach, the paper illustrates how political liberalism offers a compelling way of characterising and interpreting the new South African constitution. As a pluralist society which has until recently been ruled by an unjust regime, political liberalism in general, and the ?sufficiency? version in particular, would offer an effective and inclusive way of addressing what ought to be the paramount concern for all citizens: namely, how to prevent the state's coercive powers from being used by one sectarian group to dominate and repress other groups. (shrink)

This article challenges the widespread and influential claim – made by many liberals and non‐liberals – that cultural membership is a prerequisite of individual autonomy. It argues that liberals like Joseph Raz and Will Kymlicka, who ground autonomy in culture, underestimate the complex and internally diverse nature of the self, and the extent to which individual agents will often be shaped by many different attachments and memberships at once. In ‘selectively elevating’ one of these memberships (culture) as the most important (...) to one’s autonomy or identity, culturalist liberals present a skewed and simplistic account of individual autonomy and, hence, of liberalism. Instead, autonomy should be seen as arising not out of any particular membership or attachment, but out of the interaction between those different memberships which shape the individual’s understanding of themselves and the world in which they live. This alternative account holds important implications for liberal theory, particularly the tensions between ‘political’ and ‘comprehensive’ liberals about the scope of liberal principles and the nature of public reasoning about justice. (shrink)

(2006). Gray’s Elegy for Progress. Critical Review of International Social and Political Philosophy: Vol. 9, The Political Theory of John Gray, pp. 227-241.

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

How can free and equal people cooperate to solve conflicts and common problems in a rational and legitimate way? In this article I deduce principles for doing so from the requirements of rational communication set out in the discourse theory of Jürgen Habermas. I apply them in defining a process of efficient decision making. What I call ‘communicative design’ denotes the design of a reason giving process in which the practice of proposing and assessing claims with regard to rulemaking and (...) problem solving is undertaken on an equal and autonomous basis. Two sets of prescriptions are given: organisational principles for the composition of groups and argumentative principles for deliberation. However, any procedure aimed at achieving a rational consensus in decision making in organisations has to deal in practice with limitations of time, participation and the information available. Communicative design may not guarantee strictly rational decisions, then, but the procedure it constructs does promise relatively ‘more valid’ decisions than might be expected if another procedure had been adopted. (shrink)

I work at a research institute where the staff spends its time thinking about ethical issues that arise with progress in medicine, the life sciences, and technology. After such thinking, we make public policy recommendations. We pride ourselves in the diversity of our staff: there is a doctor, a lawyer, a linguistic anthropologist, a political scientist, a theologian, some philosophers, and so on. Both men and women do research and we are religiously diverse: Catholics, Jews, Protestants, and atheists.

Ben Spiecker; Japan and the American Identity, Journal of Philosophy of Education, Volume 30, Issue 2, 30 May 2006, Pages 315–320, https://doi.org/10.1111/j.146.