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Switch to: References
Citations of:
Justice as fairness: Political not metaphysical
Philosophy and Public Affairs 14 (3):223-251 (1985)
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This paper proposes a Wittgenstein-inspired critique of the prism of translation that frames the recent literature about the debate between Rawls and Habermas on the role of religious reasons in the public sphere. This debate originates with the introduction of Rawls’s proviso in his conception of the public use of reason, 765-807, 1997), which consists in the “translation” of religious reasons into secular ones, which he thinks is necessary in order for religious reasons to be legitimate in the public sphere. (...) |
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A question that has recently attracted considerable attention is this: What is the nature and significance of the normative relationship a person bears to herself ? On one view, it is held that persons are self-owners : as Locke put it in one of the more famous passages in the Second Treatise : [E]very man has a property in his own person : this no body has any right to but himself. The labour of his body, and the work of (...) |
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Responding to Rawls’ pleas in Political Liberalism against appeals to comprehensive doctrines, be they religious or metaphysical, I argue that such constraints are inherently illiberal—and unworkable. Rawls deems political proposals inherently coercive and judges everyone in a democracy a participant in governance—thus, in effect, complicit in state coercion. He seeks to limit the sweep of his exclusionary rule to core questions of rights. But in an individualistic and litigious society like ours it proves hard to draw a firm boundary around (...) |
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Group interaction is an essential way of social interaction and plays an important role in our social development. It has been found that when individuals participate in group interactions, the group identity of the interaction partner affects the mental processing and behavioral decision-making of subjects. However, little is known about how deaf college students, who are labeled distinctly different from normal hearing college students, will react when facing proposers from different groups in the ultimatum game and its time course. In (...) |
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The government itself, which is the only mode which the people have chosen to execute their will, is equally liable [with the standing army] to be abused and perverted before the people can act through it. Witness the present Mexican war, the work of comparatively a few individuals using the standing government as their tool; for, in the outset, the people would not have consented to this measure. Henry Thoreau, in “Civil Disobedience” It is easy to say — and often (...) |
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The government itself, which is the only mode which the people have chosen to execute their will, is equally liable [with the standing army] to be abused and perverted before the people can act through it. Witness the present Mexican war, the work of comparatively a few individuals using the standing government as their tool; for, in the outset, the people would not have consented to this measure. Henry Thoreau, in “Civil Disobedience”It is easy to say — and often is (...) |
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Walk across a campus on a beautiful fall day and observe what a conversing species we are. Chimpanzees can be taught to talk a little, in sign language. Put educated chimpanzees together, though, and they turn out to have nothing to say to each other. We humans are different; we can even find silence awkward. Language does many things for us; conveying straight information is the most obvious. I want to stress, though, some of the ways that talk adjusts our (...) |
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While there may be several practical concerns regarding the practice of corporate lobbying of government officials, there is the more basic question of a corporation’s moral right to do so. I argue that group agents such as corporations have no moral rights, and thereby cannot have the right to lobby. There may be a basis for some legal rights for corporations, but I argue that lobbying cannot be one of the legal rights, even by reference to the rights of the (...) |
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Towards the ends of their reviews, Annette Baier and Jean Hampton allow, if only momentarily, the real spectres to surface. Baier writes, ‘Gauthier rightly sees the dangers of exploitation and subjection inherent in a kin-based and affection-dependent morality, so purports to try for something totally different. Even if our moral natures cannot recognize themselves in Gauthier’s version of them, the problem that drives the attempt [for an individualist and unsentimental morality] is a real one, and so far, I think, an (...) |
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In 1974, George Grant delivered the Josiah Wood lectures at Mount Allison University on the theme English-Speaking Justice. The lectures, first published in 1978, have been republished, and a volume of later essays on somewhat related themes has recently appeared. Grant's work offers an impressionistic but deep challenge to the conception of justice in modern moral thought and practice, a challenge paralleled, in interesting and important ways, by concerns about morality raised in the writings of such persons as Alasdair MacIntyre, (...) |
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Mi meta en este trabajo es proponer un nuevo tipo de argumento en defensa del ideal deliberativo de reciprocidad de justificación —que fue inicialmente introducido por el liberalismo político de John Rawls—. Dicho argumento aspira a demostrar que, aun cuando aceptemos la hipótesis de que un grupo de ciudadanos dispone de una justificación pública apropiada para creer que determinada doctrina comprehensiva es verdadera o correcta, existen razones morales fundamentales para rechazar la pretensión de que el estado pueda estar justificado para (...) |
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This paper looks at philosophical questions that arise in the context of AI alignment. It defends three propositions. First, normative and technical aspects of the AI alignment problem are interrelated, creating space for productive engagement between people working in both domains. Second, it is important to be clear about the goal of alignment. There are significant differences between AI that aligns with instructions, intentions, revealed preferences, ideal preferences, interests and values. A principle-based approach to AI alignment, which combines these elements (...) |
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Abraham’s “leadership by example” provides a template for business leaders to implement a tone at the top based on a balance of tzedek (righteousness) and mishpat (legal judgement). The former expresses the generosity of spirit required of leaders, while the latter expresses the sound judgement in conformity with both ethics and enacted law. We relate the two constructs to several contemporary theories of justice and jurisprudence. We also relate the development of Abrahamic Justice in the Jewish tradition from antiquity through (...) |
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Deontological (as opposed to consequentialist) liberals treat freedom of action as an end in itself, not a means to other ends. Yet logically, when one makes a deliberate choice, one treats freedom of action as if it were not an end in itself, for one uses this freedom as a means to the ends one hopes to achieve through one's action. The tension between deontology and the logic of choice is reflected in the paradoxical nature of the ?right to do (...) |
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One element of the liberal ideal of secularity is the principle that the state should treat religions neutrally: This is the religious neutrality requirement. Applied to religious belief systems, the principle stipulates that the state should not take a position on whether or not a certain religion is true. I challenge this ideal and argue that teachers in public schools sometimes need to take a position on religious truth claims in order to avoid the risk of promoting false beliefs. I (...) |
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Critical Management Studies (CMS) has become an accepted part of mainstream management research. Yet, as CMS research advances, it is our position that CMS's ethical potential is not being realized. Drawing on one of CMS's theoretical sources, Critical Theory (CT), we suggest that CMS has well embraced the CT element of critique, but it has not adequately achieved the element of praxis, thereby truncating CMS's emancipation project. This paper seeks to address this trend and recover the ethical promise of CMS (...) |
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Agonism is a political theory that places contestation at the heart of politics. Agonistic theorists charge liberal theory with a depoliticization of pluralism through an excessive focus on consensus. This paper examines the agonistic critiques of liberalism from a normative perspective. I argue that by itself the argument from pluralism is not sufficient to support an agonistic account of politics, but points to further normative commitments. Analyzing the work of Mouffe, Honig, Connolly, and Owen, I identify two normative currents of (...) |
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Este trabajo analiza críticamente la caracterización del comunitarismo (Michael Walzer y Amitai Etzioni) respecto de los problemas de desintegración social de las sociedades post-industriales (diagnóstico social) y las categorías propuestas (tolerancia, solidaridad y resocialización moral) para solucionar dichos problemas y sus consecuencias (apatía ciudadana, desinterés por los asuntos públicos, falta de compromiso social, criminalidad, vandalismo, etc.) El análisis se centra en el carácter funcional que asume el modelo de integración social comunitarista y en los problemas que presentan los fundamentos de (...) |
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This papers analyzes the communitarian project of social integration exposed in the Walzer and Etzioni's work as a possible answer to the disintegration of social bonds in the advanced societies . It deals with the notions of tolerance, solidarity and moral resocialization of the citizenship. In this sense, some considerations are made about the functional character deduced of this communitarian model of social integration and show the extent and limits of this model .Este trabajo analiza críticamente la caracterización del comunitarismo (...) |
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Many commentators have failed to identify the important issues at the heart of the debate between Habermas and Rawls. This is partly because they give undue attention to differences between Rawls’s original position and Habermas’s principle, neither of which is germane to the actual dispute. The dispute is at bottom about how best to conceive of democratic legitimacy. Rawls indicates where the dividing issues lie when he objects that Habermas’s account of democratic legitimacy is comprehensive and his is confined to (...) |
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Teson critiques a recent article by John Rawls in which Rawls extends his acclaimed political theory to include international relations. |
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Martha Nussbaum grounds her version of the capabilities approach in political liberalism. In this paper, we argue that the capabilities approach, insofar as it genuinely values the things that persons can actually do and be, must be grounded in a hybrid account of liberalism: in order to show respect for adults, its justification must be political; in order to show respect for children, however, its implementation must include a commitment to comprehensive autonomy, one that ensures that children develop the skills (...) |
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What kind of citizenship education, if any, should schools in liberal societies promote? And what ends is such education supposed to serve? Over the last decades a respectable body of literature has emerged to address these and related issues. In this state of the debate analysis we examine a sample of journal articles dealing with these very issues spanning a twenty-year period with the aim to analyse debate patterns and developments in the research field. We first carry out a qualitative (...) |
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The thesis of political theology holds that all justificatory theories of the state rely on metaphysical assumptions, rather than just empirical facts and accepted political conventions. For this reason, the thesis challenges liberal theories that justify the state on the basis of individual autonomy and popular will. The thesis is controversial because many theorists believe that metaphysical assumptions introduce decisionism – the view that a state depends on the unrestrained personal decision of a ruler – to the theory of the (...) |
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In A Theory of Justice (1971), John Rawls introduces the concept of “reflective equilibrium.” Although there are innumerable references to and discussions of this concept in the literature, there is, to the present author's knowledge, no discussion of the most important question: Why reflective equilibrium? In particular, the question arises: Is the method of reflective equilibrium applicable to the choice of this method itself? Rawls's drawing of parallels between Kant's moral theory and his own suggests that his concept of “reflective (...) |
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In A Theory of Justice (1971), John Rawls introduces the concept of “reflective equilibrium.” Although there are innumerable references to and discussions of this concept in the literature, there is, to the present author's knowledge, no discussion of the most important question: Why reflective equilibrium? In particular, the question arises: Is the method of reflective equilibrium applicable to the choice of this method itself? Rawls's drawing of parallels between Kant's moral theory and his own suggests that his concept of “reflective (...) |
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The American Society for Bioethics and the Humanities (ASBH) issued its Core Competencies for Health Care Ethics Consultation just as it is becoming ever clearer that secular ethics is intractably plural and without foundations in any reality that is not a social–historical construction (ASBH Core Competencies for Health Care Ethics Consultation , 2nd edn. American Society for Bioethics and Humanities, Glenview, IL, 2011 ). Core Competencies fails to recognize that the ethics of health care ethics consultants is not ethics in (...) |
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Given intractable secular moral pluralism, the force and significance of the four principles (autonomy, beneficence, non-maleficence, and justice) of Tom Beauchamp and James Childress must be critically re-considered. This essay examines the history of the articulation of these four principles of bioethics, showing why initially there was an illusion of a common morality that led many to hold that the principles could give guidance across cultures. But there is no one sense of the content or the theoretical justification of these (...) |
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O texto visa a apresentar, de modo mais sistemático, a crítica que Habermas endereça a quatro autores fundamentais da filosofia do direito: Hobbes, Kant, Weber e Rawls. O estudo se concentra em demonstrar como Habermas entende o papel da moral na argumentação de cada um deles, tendo em vista a fundamentação do direito. |
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I suggest that the social justice issues raised by Internet regulation can be exposed and examined by using a methodology adapted from that described by John Rawls in 'A Theory of Justice'. Rawls' theory uses the hypothetical scenario of people deliberating about the justice of social institutions from the 'original position' as a method of removing bias in decision-making about justice. The original position imposes a 'veil of ignorance' that hides the particular circumstances of individuals from them so that they (...) |
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Rawlsian liberalism is best understood and defended on the basis of a concrete but widely shared ideal of the person as a rational agent capable of normative self?determination in the proper political and economic conditions. In Rawls? recent works, this neo?Kantian ideal of free moral personality is no longer understood as a requirement of rational or moral agency as such, but is a concrete historical ideal or meta?value presupposed by the living tradition of liberal?democratic judgment and practice, which reason can (...) |
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In the Laws, Plato argues that the legislator should attempt to persuade people to voluntarily obey the laws. This persuasion is accomplished through use of legislative preludes. Preludes (also called preambles) are short arguments written into the legal code, which precede laws and give reasons to follow them. In this paper, I argue that Plato’s use of persuasive preludes shows that he endorses the core features of a public reason theory of political justification. Many philosophers argue that Plato’s political philosophy (...) |
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This paper examines two central arguments raised byfeminist theorists against the coherence andconsistency of political liberalisms, a recentrecasting of liberal theories of justice. They arguethat due to political liberalisms'' uncritical relianceon a political/personal distinction, they permit theinstitution of the family to take sexist and illiberalforms thus undermining its own aims and politicalproject. Political liberalisms'' tolerance of a widerange of family forms result in two fatalinconsistences. Firstly, it retards or completelyprevents women from developing the necessary politicalsense of self required for citizenship, (...) |
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Rich people stash away trillions of dollars in tax havens like Switzerland, the Cayman Islands, or Singapore. Multinational corporations shift their profits to low-tax jurisdictions like Ireland or Panama to avoid paying tax. Recent stories in the media about Apple, Google, Starbucks, and Fiat are just the tip of the iceberg. There is hardly any multinational today that respects not just the letter but also the spirit of tax laws. All this becomes possible due to tax competition, with countries strategically (...) |
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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 (...) |
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