Political legitimacy is a virtue of political institutions and of the decisions—about laws, policies, and candidates for political office—made within them. This entry will survey the main answers that have been given to the following questions. First, how should legitimacy be defined? Is it primarily a descriptive or a normative concept? If legitimacy is understood normatively, what does it entail? Some associate legitimacy with the justification of coercive power and with the creation of political authority. Others associate it with the (...) justification, or at least the sanctioning, of existing political authority. Authority stands for a right to rule—a right to issue commands and, possibly, to enforce these commands using coercive power. An additional question is whether legitimate political authority is understood to entail political obligations or not. Most people probably think it does. But some think that the moral obligation to obey political authority can be separated from an account of legitimate authority, or at least that such obligations arise only if further conditions hold. (shrink)

This introduction sets the stage for four papers on Nicholas Wolterstorff's Justice: Rights and Wrongs , written by Harold Attridge, Oliver O'Donovan, Richard Bernstein, and myself. In his book, Wolterstorff defends an account of human rights. The first section of this introduction distinguishes Wolterstorff's account of rights from the alternative account of rights against which he contends. The alternative account draws much of its power from a historical narrative according to which theory and politics supplanted earlier ways of thinking about (...) justice. The second section sketches that narrative and Wolterstorff's counter-narrative. The third section draws together the main points of Wolterstorff's own account. (shrink)

In this paper, I examine John Rawls’ claim in the first edition of A Theory of Justice that Justice as Fairness cannot include considerations about the environment and non-human animals. The paper aims to resolve the tension in this statement, as the idea of a Rawlsian well-ordered society without concern for the rest of nature presents as a contradiction. Through a more charitable reading of Rawlsian theory that borrows from anti-capitalist and environmental justice frameworks, we can see how Rawlsian justice (...) connects tightly to these issues. I conclude that the Rawlsian well-ordered society must be committed to anti-capitalist environmental justice. (shrink)

O debate fomentado nos anos oitenta entre liberais e “comunitaristas” tende a contrastar radicalmente as concepções teóricas de John Rawls e Charles Taylor, sendo o primeiro o representante principal da vertente liberal e o segundo do “comunitarismo”. Ao contrário do que sustenta essa distinção, neste artigo proponho ir para além dela, a fim de defender que há convergências dos autores no que tange à discussão sobre o pluralismo. Em um primeiro momento, apresento os diagnósticos de Rawls e de Taylor quanto (...) ao fato do pluralismo nas sociedades modernas como uma característica contextual irreversível (I). Em um segundo momento, diante da tensão ética insuperável entre divergentes concepções bem, a saída mais viável caminha para a justiça. Para tanto, desenvolvo a concepção de “justiça política” de Rawls em “O Liberalismo Político” e as publicações mais recentes de Charles Taylor como em “Secularism and Freedom of Conscience”, “A Secular Age” e “Why We Need a Radical Redefinition of Secularism?”, que parecem sustentar certa “virada liberal-rawlsiana” no pensamento do autor (II). Em um terceiro momento, efetuo uma distinção entre o fato do pluralismo (razoável) e o valor do pluralismo, para finalmente concluir o artigo argumentando que tanto Rawls como Taylor tendem a defender o pluralismo como um valor político para as instituições e não como um valor moral abrangente para os indivíduos. (shrink)

In the Critique of Gotha Programme, Karl Marx famously argues that a communist society will be characterised by the principle, ‘From each according to his abilities, to each according to his needs!’ In this essay, I take up a question about this principle that was originally posed by G.A. Cohen, namely: what makes communism (so conceived) possible for Marx? In reply to this question, Cohen interprets Marx as saying that communism is possible because of limitless abundance, a view that Cohen (...) takes to be implausible for ecological reasons. In this paper, I develop a new interpretation of Marx’s position. On this interpretation, people in communist society achieve self-realisation through providing others with the goods and services required for their self-realisation. Coupled with a reasonably high (but not immense) development of productive power, self-realisation generates conditions in which people can produce according to their abilities and receive according to their needs. I defend this view as an interpretation of Marx and I argue that it represents a more plausible account of what makes communism possible than Cohen’s interpretation in which technological advance and limitless abundance play the predominant role. (shrink)

For Jean-Jacques Rousseau, freedom functions as a foundational value for his entire political philosophy. Parallel to this emphasis is his deep and abiding condemnation of “slavery”, at least the slavery that he claims marked the social existence of his European contemporaries living under unrepresentative monarchical systems. However, the striking aspect of Rousseau's work is his virtually complete silence concerning the institution of chattel slavery of his day. Despite his ubiquitous condemnation of the “slavery” of his “civilized” contemporaries, Rousseau wrote next (...) to nothing about the actual enslavement of millions of people who pervaded the social landscape of the European–African–American triangle in the 18th century. In this paper, I trace out the various passages in Rousseau that could be seen as touching on the subject of contemporary slavery practices and show how very scant they were. I also discuss his views on the relation between climate, character, and persons' fitness for democratic forms of government (and hence freedom). I combine these points to draw particular lessons about the dangers of neglect and exclusion inherent in Rousseau's views of democratic freedom, suggesting how similar dangers lurk for contemporary visions of democracy inspired by his views. (shrink)

En Teoría de la justicia Rawls no prestó suficiente atención a cómo sus principios podrían realizarse al interior de un régimen socioeconómico específico, por lo que entre sus críticos ha habido desacuerdo sobre cuál de dichos regímenes resulta más adecuado para llevar a cabo su concepción de la justicia. Con la finalidad de contribuir a esta discusión, en este artículo examino los argumentos que Rawls presentó a favor del socialismo liberal y de la democracia de propietarios como los sistemas sociales (...) más adecuados para realizar su teoría. La discusión anterior me permitirá mostrar las críticas que Rawls presentó a las formas tradiciones del estado del bienestar. (shrink)

Should Marxists support universal basic income (UBI), i.e., a regular cash income paid to all without a means test or work requirement? This paper considers one important argument that they should, namely that UBI would be instrumentally effective in helping to bring about communism. It argues that previous answers to this question have paid insufficient attention to a logically prior question: what is Marx’s account of communism? In reply, it distinguishes two different accounts: a left-libertarian version that associates communism with (...) the freedom to live and work how one wants, and a perfectionist version that associates communism with the overcoming of alienated labour and self-realisation in work. It argues that UBI would make steps towards the left-libertarian account but not the perfectionist account. Ultimately, then, the question “should Marxists support basic income?” is shown to partly depend on which account of communism Marxists want to bring about. (shrink)

Moderata Fonte's dialogueThe Worth of Women(1600) contains stinging critiques of marriage and the dowry system as well as of women's inequality. I argue that Fonte's critique of male dominance, particularly in marriage, employs a modern method of argument, which anticipates the later contractarian critiques of political authority. Given that women are naturally men's equals, Fonte argues that men's de facto authority over women is illegitimate and based on force. Moreover, by treating marriage as an artificial institution rather than as a (...) natural institution, Fonte anticipates later feminist arguments that criticize the modern contract tradition for its failure to extend its critique of other forms of authority to patriarchal marriage, instead positing a natural basis for women's subordination to men. In light of this history, Fonte's critique of patriarchy is especially interesting: it challenges the patriarchal family structure and the institutions that collude to diminish women's agency, and this challenge to male authority is similar to later (male) challenges to de facto political authority. (shrink)

The main goal of this thesis is to provide a clear basis for the analysis of alternative currencies, such as Bitcoin, LETS, Local currencies, the WIR or Carbon currencies. It attempts to determine whether alternative currencies might constitute just and workable alternatives, either in the form of small-scale experiments or in the form of more radical reforms. The first chapter proposes a new way to classify currencies. The second examines the case in favour of monetary plurality. The third analyses the (...) claims in favour of restricting the use of money locally, within a community, or to certain goods. The fourth studies the link between money and the market. Finally, a post-scriptum focuses on Bitcoin and cryptocurrencies. This thesis highlights that these currencies are drivers of several potential conflicts. Their widespread use might conflict with the adequate management of monetary policy, with social justice, and with liberal values. These conflicts are potential, for they would come into existence only if alternative currencies increased in scope. However, there is no reason to disregard potential conflicts when the case in their favour relies mostly on their potential benefits. (shrink)

The paper argues that the moral philosophy of Thomas Hobbes is unified by a complex conception of reason that imposes consistency norms of both rationality and reasonableness. Hobbes’s conceptions of rightness as reciprocity, and moral goodness as sociability belong to an original and attractive moral theory that is neither teleological nor classically deontological, nor as interpreters have variously argued, subjectivist, contractarian, egoist, or dependent on divine command.

The scale and asymmetry of commercial technology firms’ power over people through data, combined with the increasing involvement of the private sector in public governance, means that increasingly, people do not have the ability to opt out of engaging with technology firms. At the same time, those firms are increasingly intervening on the population level in ways that have implications for social and political life. This creates the potential for power relations of domination, and demands that we decide what constitutes (...) the legitimacy to act on the public. Business ethics and private law are not designed to answer these questions, which are primarily political. If people have lost the right to disengage with commercial technologies, we may need to hold the companies that offer them to the same standards to which we hold the public sector. This paper first defines the problem and demonstrates that it is significant and widespread, and then argues for the development of an overarching normative framework for what constitutes non-domination with regard to digital technologies. Such a framework must involve a nuanced idea of political power and accountability that can respond not only to the legality of corporate behaviour, but to its legitimacy. (shrink)

The following interview took place between Jacques Bouveresse and Hilary Putnam on May 11, 2001 in Paris at the Collège de France. Sandra Laugier was present, preserved the transcription, and proposed that we publish the text here. It was translated into English by Marie Kerguelen Feldblyum LeBlevennec and lightly edited by Jacques Bouveresse, Juliet Floyd, and Sandra Laugier. Themes covered in the interview include the question of Wittgenstein’s importance in contemporary philosophy, Putnam’s development with respect to realism, especially in philosophy (...) of mathematics, and the differences and motivations for realism in mathematics, physics, and ethics. The editors thank Marie Kerguelen Feldblyum LeBlevennec for her translation, and Jacques Bouveresse, Mario De Caro, and Sandra Laugier for permission to publish this transcription. (shrink)

Why has Sidgwick's political philosophy fallen into oblivion while his ethics continues to be celebrated? Not because his performance in that field was inferior, nor because his choice of topics has become outdated, nor because his conclusions were largely conservative. Instead the problem stems from the weight he attached to common sentiments and beliefs in his application of the utility principle, illustrated by his treatment of topics such as secession and colonialism. Moreover hisElements of Politicsis arranged in such a way (...) that he never has to confront the basic question of what makes states legitimate. This means that neither political moralists, who want to see the utility principle applied in more radical fashion, nor political realists, for whom the problem of establishing political order is central, find much to commend in his political philosophy. (shrink)

This article starts off with a historical section showing that deep disagreements among notions of social and political justice are a characteristic feature of the history of political thought. Since no agreement or consensus on distributive justice is possible, the article argues that political philosophers should – instead of continuously proposing new normative theories of justice – focus on analyzing the reasons, significance, and consequences of such kinds of disagreements. The next two sections are analytical. The first sketches five possible (...) reasons for deep disagreements among notions of social and political justice. The second discusses the meta-ethical relevance of the lack of consensus on justice and rejects ethical realism and cognitivism based on the argument from deep disagreements. (shrink)

According to Kant, the universalization of the maxim of false promising leads to a contradiction, namely, to everyone adopting the maxim of false promising which would in effect make promising impossible. I first propose a reconstruction of Kant’s reasoning in four steps and then show that each of these steps is highly problematic. In the second part I argue that attempts by several prominent contemporary philosophers to defend Kant fail because they encounter similar difficulties.

In recent literature on utopianism, in particular non-ideal and realist work, the distinction between scepticism and non-scepticism has been to the fore. The main concern of this article, in contra...

Given the extraordinary level of his philosophical achievements, John Rawls was by all accounts a remarkably modest man. This essay will focus, not on the role that Rawls’s modesty played in the presentation of his own ideas, but on the role it plays in his interpretations of the other canonical texts under examination in his Lectures on the History of Political Philosophy. It argues that the personal virtue of humility stands in a complicated relationship with the preeminent hermeneutic virtue of (...) interpretive charity: the principle (which Rawls repeatedly, explicitly endorses throughout his Lectures) that a text must always be read in its intellectually strongest form. (shrink)

Ha llegado a ser un lugar común aseverar la influencia de Kant en la obra de Rawls; sin embargo, el constructivismo político significó un rechazo del universalismo que es imposible explicar en términos kantianos. Lo que sigue es un intento de evaluar la tesis del consenso superpuesto a la luz de la concepción general de la filosofía política y la razón práctica en Hegel.

The relationship between representative democracy and conflict in John Stuart Mill’s political philosophy has been interpreted in very different ways. While some scholars claim that Millian democracy is incompatible with political conflict, others identify in Mill a radical agonism that would offer a non-consensual model of deliberative democracy. This paper argues that neither of these views is accurate: although he highlights the centrality of conflict in political life, Mill believes that democratic deliberation presupposes a minimal level of consensus regarding the (...) formal value of the basic principles of democracy. Initially, I reconstruct the relationship between conflict and consensus in Mill’s conception of representative democracy. I then investigate his association of representation and advocacy and show that Mill’s encomium on political conflict was influenced by Guizot's work. Finally, I explain how a democratic debate riven with conflict is conducive to individual freedom. (shrink)

This paper is concerned with the moral concept of harm in the context of the Warsaw International Mechanism for Loss and Damage. This paper delineates between two concepts of wrongful harm: interactional versus architectural. It then examines these options with an eye toward developing a satisfactory normative approach for policy. While the interactional view of wrongful harm supports powerful arguments about moral responsibility, it has some clear limitations. This paper makes a case for the architectural view by underlining that it (...) is not only compatible with the features of the Paris Agreement but also supports a distinctive conception of justice. (shrink)

Alfred Stepan’s “twin-tolerations” thesis (2000) is a model for explaining different ways that religious and political authority come to be reconciled. In this paper, we investigate some obstacles and challenges to realizing a reconciliation between religious and political authority in the Kingdom of Saudi Arabia (KSA) that might result in a transition away from a theocratic monarchy to a more consultative form of political authority. Whereas most analyses of religion and politics in KSA focus on geopolitics, the rentier state model, (...) or economic and military aid from the United States, we also consider local factors that emphasize the agency of political and non-political actors within KSA, focusing in particular on education policy and how this policy is a barrier to political reform. Our position is not meant to replace the standard models, but rather to supplement them by offering a multi-variable perspective on the challenges and prospects for meaningful political reform in KSA. (shrink)

Appeals to a ‘tradition’ stretching back to Thucydides have been central to the recent emergence of realism in political theory. This article asks what work these appeals to tradition are doing and whether they are consistent with contemporary political realism’s contextualist commitments. I argue that they are not and that realists also have independent epistemic reasons to attend to contextualist worries. Ultimately, I make the case for an account of the realist tradition that is at once consistent with moderate contextualist (...) commitments and that preserves the classificatory and analytical value of tradition-building. (shrink)

Is the principal concern of political philosophy the source of political authority? And, if so, can this source be located in individual consent? In this article I draw on Rousseau to answer the second question negatively; and in rejecting that answer, why we might answer the first question in the negative as well. We should be concerned with questions of legitimacy rather than with the source of authority and political obligation. Our principal concern, that is, should be with the question (...) how well political institutions meet the needs of individuals. I pursue these issues in the context of interpreting Rousseau's distinctive contribution to political thought. I start out by asking the question ‘What problem is the General Will designed to solve?’ I argue that Rousseau's challenge to Hobbes represents a crucial step in the move from the source of authority and political obligation to a focus on legitimacy. (shrink)

Kant develops his political philosophy in the context of a teleological conception of both nature and human history. For Kant, political thought must be undertaken in the context of a progressive historical view of humanity’s place in nature. For this reason Kant would strongly agree with John Rawls’s claim that one of the key roles that political philosophy plays in a society’s political culture is that of ‘probing the limits of practicable political possibility. In this role, we view political philosophy (...) as realistically utopian’ (Rawls 2007, pp. 10-11). The fact that political philosophy has this public role helps to explain the close links that exist between politics and teleology in Kant’s work. Teleology is the study of ends and of the purposiveness of both nature and history. One of the key roles of political philosophy is, for Kant, to probe what politics and human societies more generally can, will and should become in the context of the historically developing and purposive natural systems of which humans are part. Politics must be understood in its natural and historical context, but nature (especially human nature) and history must in turn be understood from a progressive political perspective. For Kant, the historical outcome of this purposive natural system, the end of history, is the full development of humanity’s predispositions for the use of reason within a moral and just society. This volume explores these issues. (shrink)

Thomas Hobbes has recently been cast as one of the forefathers of political realism. This article evaluates his place in the realist tradition by focusing on three key themes: the priority of legit...

Obstacles to achieving a global climate treaty include disagreements about questions of justice raised by the UNFCCC's principle that countries should respond to climate change by taking cooperative action "in accordance with their common but differentiated responsibilities and respective capabilities and their social and economic conditions". Aiming to circumvent such disagreements, Climate Change Justice authors Eric Posner and David Weisbach argue against shaping treaty proposals according to requirements of either distributive or corrective justice. The USA's climate envoy, Todd Stern, takes (...) a similar position. In this article I explain the practical and theoretical drawbacks of Posner & Weisbach's welfarist perspective and propose an alternative. I show that their arguments fail to rule out John Rawls' non-utilitarian, political conception of international justice and human rights, the Law of Peoples. On this basis I develop a conception of climate justice that highlights implications of some of Rawls' principles and adds a principle for determining fair shares of climate -treaty-related benefits and burdens. I propose this conception as a moral framework for negotiating a treaty that would promote human welfare consistently with requirements of justice, and I argue that a treaty proposal satisfying these requirements could best satisfy Posner & Weisbach's own feasibility criteria. (shrink)

Rawls’ primary legacy is not that he standardised a particular view of justice, but rather that he standardised a particular method of arguing about it: justification via reflective equilibrium. Yet this method, despite such standardisation, is often misunderstood in at least four ways. First, we miss its continuity across his various works. Second, we miss the way in which it unifies other justificatory ideas, such as the ‘original position’ and an ‘overlapping consensus’. Third, we miss its fundamentally empirical character, given (...) that it turns facts about the thoughts in our head into principles for the regulation of our political existence. Fourth, we miss some of the implications of that empiricism, including its tension with moral realism, relativism, and conservatism. (shrink)

This article addresses the long-standing problem of how to understand Mill’s famous harm principle in light of his failure to specify what counts as “harm” in On Liberty. I argue that standard accounts restricting “harm” to only certain negative consequences fail to do justice to the text, and that this fact forces us to rethink Mill’s defense of individual liberty. I then offer a new account of that defense in which “harm” is understood in an expansive sense, despite apparent problems (...) for such a view. (shrink)

For Rousseau, the primary function of the republican constitution is not to contain state power, but rather to cultivate certain personal dispositions and social forms through which the stability of a political order based on the general will can be realised. Thus, his constitutional projects for Corsica and Poland formulate peculiar constitutional devices aimed at fostering a distinctive vision of austerity as the social horizon of republican politics. I outline how Rousseau's political thought translates to a peculiar conception of constitutionalism (...) as cultivating stability conditions for the realisation of his principles of political right. In particular, I focus on how Rousseau's conception of austerity illustrates his prescient sense of the source of inequality and domination in liberal societies, insidiously embedded in symbolic and ritual forms. I also address the limitations of austerity as a constitutional antidote to domination in liberal societies. (shrink)

C.B. Macpherson's “Possessive Individualist” reading of Locke is one of the most radical and influential interpretations in the history of exegesis. Despite a substantial critical response over the past five decades, Macpherson's reading remains orthodox in various circles in the humanities generally, particularly in legal studies, and his interpretation of several crucial passages has unwittingly been followed even by his sharpest critics within Lockean scholarship. In order to present the definitive rebuttal to this interpretation, and so finally to lay it (...) to rest, I argue that every one of Macpherson's key pieces of textual evidence can be rejected entirely on its own terms; that is, by reference to no more than its immediate context. In this way I contend that fault of the Possessive Individualist reading lies far deeper than mere cherry-picking of the Lockean corpus, but centrally involves misreading, misplacing and misrepresenting the very parts of Locke's work Macpherson cites as evidence for his reading. (shrink)

John Rawls is arguably the most important political philosopher of the past century. His theory of justice has set the agenda for debate in mainstream political philosophy for the past forty years, and has had an important influence in economics, law, sociology, and other disciplines. However, despite the importance and popularity of Rawls's work, there is no clear picture of what a society that met Rawls's principles of justice would actually look like. This article sets out to explore that question.

For Rousseau, social contract is a hypothetical one; the paper claims that it is, in contemporary terms, a political thought-experiment (TE). The abductive way of thinking, looking for the best normative pattern in the data, finds its counterpart in the historical abduction in the Second Discourse; the analogy between the two secures the methodological unity of Rousseau’s political philosophy. The proposed reading of the work as a TE shows that it fulfills the necessary requirements put by (hopefully) intuitively acceptable definition (...) of a TE, and fits in the contractarian tradition that has been experimenting with hypothetical arrangements since its start. The reading of The Social Contract as a TE has helped to systematize some of its shortcomings from the wider perspective of methodology of political philosophy. Finally, the political thought experiment (PTE) reading of Rousseau places his central work where it belongs: in the tradition started by Plato’s Republic, continuing with Renaissance and early modern philosophical utopias, culminating in the contractarian social contract TE, and going all the way to the work of Rawls and his present day continuators. We hope that this can contribute to a more positive picture of Rousseau’s work, despite criticism concerning his brusque manner of thought-experimenting. (shrink)

This paper addresses ways of arguing fors ome form of economic democracy from within a broadly Rawlsian framework. Firstly, one can argue that a right to participate in economic decision-making should be added to the Rawlsian list of basic liberties, protected by the first principle of justice. Secondly,I argue that a society which institutes forms of economic democracy will be more likely to preserve a stable and just basic structure over time, by virtue of the effects of economic democratization on (...) the development of an active, democratic character among citizens. Thirdly, I argue that a proper understanding of the demands of the difference principle shows that justice demands more than ex post redistribution, but also requires the ex ante redistribution of power and authority in economic life. This connects to Rawls’s discussion of the badness of inequality, and to his endorsement of a “property-owning democracy”. -/- My conclusion is that, even if we may doubt the success of this first Rawlsian argument,the second and third arguments are both successful, and together establish a strong Rawlsian case forseeing economic democratization as a requirement of justice. (shrink)

ABSTRACT:Within corporate social responsibility (CSR), the exploration of the political role of firms (political CSR) has recently experienced a revival. We review three key periods of political CSR literature—classic, instrumental, and new political CSR—and use the Rawlsian conceptualization of division of moral labor within political systems to describe each period’s background political theories. The three main arguments of the paper are as follows. First, classic CSR literature was more pluralistic in terms of background political theories than many later texts. Second, (...) instrumental CSR adopted classical liberalism and libertarian laissez-faire as its structural logic. Third, new political CSR, based on a strong globalist transition of responsibilities and tasks from governments to companies, lacks a conceptualization of division of moral labor that is needed to fully depart from a classical liberalist position. We end by providing a set of recommendations to develop pluralism in political CSR. (shrink)

Christopher Eberle has developed a powerful critique of justificatory liberalism. According to Eberle, justificatory liberalism’s doctrine of restraint , which requires religious citizens to refrain from publicly advocating for policies that can be supported only by their religious reasons, is illiberal. In this article, I defend justificatory liberalism against Eberle’s critique.

In this paper I try to illuminate the Rawlsian architectonic through an interpretation of what Rawls’ Lectures on the History of Political Philosophy say about Rousseau. I argue that Rawls’ emphasis there when discussing Rousseau on interpreting amour-propre so as to make it compatible with a life in at least some societies draws attention to, and helps explicate, an analogous feature of his own work, the strains of commitment broadly conceived. Both are centrally connected with protecting a sense of self (...) which is vital for one’s own agency. This allows us to appreciate better than much of the literature presently does the requirement for Rawls that justice and the good are congruent, that a society of justice does not disfigure citizens’ ability to live out lives relatively unmarked by relations of domination. Some comments on G. A. Cohen’s critiques of Rawls are made. (shrink)

Rawls champions the cause of the poor because of his strong moral sentiments about the eradication of poverty. I present these sentiments, which he converts into normative elements of his theory of justice. However, the conceptual framework and intellectual resources that he uses to articulate these sentiments are inadequate. His sentiments against poverty cannot be accommodated neatly, simply, and coherently in his liberal theoretical framework. Also, I point out that his definition of the identification of poor people as the least (...) advantaged members of society is not adequate. Therefore, his theory is refashioned so that it can properly account for the fundamental interests of poor people. An alternative conception is presented, revising Rawlsian liberalism to enable it to adequately champion the cause of the poor. I provide an alternative definition of poverty and apply Mill’s analysis of the relation between justice and utility to Rawls’ theory of justice. (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)

Is the principal concern of political philosophy the source of political authority? And, if so, can this source be located in individual consent? In this article I draw on Rousseau to answer the second question negatively; and in rejecting that answer, why we might answer the first question in the negative as well. We should be concerned with questions of legitimacy rather than with the source of authority and political obligation. Our principal concern, that is, should be with the question (...) how well political institutions meet the needs of individuals. I pursue these issues in the context of interpreting Rousseau's distinctive contribution to political thought. I start out by asking the question 'What problem is the General Will designed to solve?' I argue that Rousseau's challenge to Hobbes represents a crucial step in the move from the source of authority and political obligation to a focus on legitimacy. (shrink)

John Rawls was what we might call a “frenemy” to Stanley Cavell. Time and again, Cavell states his admiration for Rawls's political philosophy but criticizes it for two reasons. First, he believes that Rawls too hastily dismisses a perfectionist tradition that is essential for a flourishing liberal democracy. Second, he attacks certain aspects of Rawls's theory of justice as moralistic and legalistic. The first half of this article examines Cavell's critique of Rawls and argues that the two authors are more (...) closely aligned than suspected. It begins by reconstructing Cavell's critique of Rawls, and using archival materials from Harvard University, presents for the first time Rawls's interpretation of this critique. The second half of the article highlights perfectionist themes in Rawls's A Theory of Justice. The contribution of this article is to reevaluate the relationship between two of the most important moral philosophers of the twentieth century and also to provide a more expansive theory of liberalism that incorporates the psychological depth, moral subtlety and political hopefulness of moral perfectionism. (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)

Thomas Hobbes tells us that he wrote Leviathan to “absolve the divine laws” of the charge that they justify rebellion. This article interprets the argumentative strategy of the second half of Leviathan in light of this intention. Over the course of his three major political works, Hobbes develops a convergent argument to absolve God’s laws. This strategy of judicial rhetoric relies on using multiple independent claims in the hope that one’s audience finds at least one of them persuasive. This was (...) a risky strategy for Hobbes that angered his critics. The strategy also reveals something about what sort of philosopher Hobbes was and how we ought to approach his work. (shrink)