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The basic liberties and their priority

In John Rawls & Sterling M. McMurrin (eds.), Liberty, equality, and law: selected Tanner lectures on moral philosophy. Salt Lake City: University of Utah Press (1987)

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  1. Ignorance, Incompetence and the Concept of Liberty.Michael Garnett - 2007 - Journal of Political Philosophy 15 (4):428–446.
    What is liberty, and can it be measured? In this paper I argue that the only way to have a liberty metric is to adopt an account of liberty with specific and controversial features. In particular, I argue that we can make sense of the idea of a quantity of liberty only if we are willing to count certain purely agential constraints, such as ignorance and physical incompetence, as obstacles to liberty in general. This spells trouble for traditional ‘negative’ accounts, (...)
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  • Working Retirees? A Liberal Case for Retirement as Free Time.Manuel Sá Valente - 2024 - Ethical Theory and Moral Practice 27 (4):523-537.
    Retirement is often viewed as a reward for a working life. While many have reason to want a work-free retirement, not everyone does. Should working retirees have to give up their retirement pension and, consequently, their status as retirees? The answer, I argue, boils down to whether we conceive of retirement as free time (need-free) or as leisure (work-free). In this article, I put forward a liberal case in favour of free time, despite whether our liberalism leans towards perfectionism or (...)
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  • Ageing as Equals: Distributive Justice in Retirement Pensions.Manuel Sá Valente - 2022 - Dissertation, Université Catholique de Louvain
    Despite being increasingly available to us all, retirement pensions remain unequally distributed: between rich and poor, young and old, men and women, and possibly different generations. As this topic receives little attention in moral and political philosophy, the articles in this thesis aim to deliver an original account of justice in retirement pensions along liberal egalitarian lines. The first part defends retirement pensions as a distribution of free time. It shows that including free time in the list of goods that (...)
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  • Rawls’s Justification Model for Ethics: What Exactly Does It Justify?Necip Fikri Alican - 2017 - Humanitas 30 (1/2):112–147.
    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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  • Reconciliation Arguments in John Rawls’s Political Philosophy.Margaret Meek Lange - 2014 - Critical Horizons 15 (3):306-324.
    Recently debates about the worth of “ideal theory” have directed attention to the functions that an account of a perfectly just society can serve. One function is that of “reconciliation”: learning that a seemingly undesirable feature of the social world would exist even in the perfectly just society can show us the value that it has in the present as well. John Rawls has emphasized reconciliation as among the roles of political philosophy. For instance, Rawls claims that his theory of (...)
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  • Crítica de la Noción de Capacidad Contributiva en un Esquema Impositivo Justo: A Critical Analysis of the Notion of "Ability to Pay" in a Fair Tax Scheme.Cristián Augusto Fatauros - 2014 - Estudios de Filosofía Práctica E Historia de Las Ideas 16 (2):21-29.
    Este trabajo analiza la relevancia de la noción de capacidad contributiva en una concepción igualitaria de la justicia y en particular si puede concebirse como una garantía que deriva de la protección de ciertas libertades básicas consideradas prioritarias. Se argumenta que no tiene este lugar y que por lo tanto la imposición de tributos no debe respetar esta restricción ya que no existe libertad básica que sea protegida por el principio de "capacidad contributiva". This paper discusses the relevance of the (...)
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  • Corporate Dystopia.Miguel Alzola - 2013 - Business and Society 52 (3):388-426.
    This article is concerned with the moral permissibility of corporate political activities under the existing legal framework in the United States. The author unpacks and examines the standard case for and against the involvement of business in lobbying and electoral activities. And the author provides six objections against the standard arguments and proposes that the wrongness of corporate political activities does not have much to do with its potential social consequences but rather with nonconsequentialist considerations. The author’s ultimate aim is (...)
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  • Three Rawlsian Routes towards Economic Democracy.Martin O'Neill - 2008 - Revue de Philosophie Économique 9 (1):29-55.
    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 (...)
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  • The Relative Moral Risks of Untargeted and Targeted Surveillance.Katerina Hadjimatheou - 2014 - Ethical Theory and Moral Practice 17 (2):187-207.
    Is surveillance that is targeted towards specific individuals easier to justify than surveillance that targets broad categories of people? Untargeted surveillance is routinely accused of treating innocent people as suspects in ways that are unfair and of failing to pursue security effectively. I argue that in a wide range of cases untargeted surveillance treats people less like suspects than more targeted alternatives. I also argue that it often deters unwanted behaviour more effectively than targeted alternatives, including profiling. In practice, untargeted (...)
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  • Reflections on Habermas on Democracy.Joshua Cohen - 1999 - Ratio Juris 12 (4):385-416.
    Jiirgen Habermas is a radical democrat. The source of that self-designation is that his conception of democracy-what he calls "discursive democracy"-is founded on the ideal of "a self-organizing community of free and equal citizens," co- ordinating their collective affairs through their common reason. The author discusses three large challenges to this radical-democratic ideal of collective self-regulation: 1) What is the role of private autonomy in a radical-democratic view? 2) What role does reason play in collective self-regulation? 3) What relevance might (...)
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  • Finance, Nature and Ontology.Glen Lehman & Chris Mortensen - 2019 - Topoi 40 (4):715-724.
    The paper examines connections between ontology and finance. The ontological debates concerning the role of finance are examined between two opposing schools of thought that can be labelled, very broadly, ‘instrumentalist’ and ‘realist’. These two schools of thought have had momentous repercussions in understanding what is a good society. Each school defines Nature in particular ways which can be explored using ontology and philosophical insight. Our theoretical investigation aims to accommodate Nature in community financial deliberations. A positive role for government (...)
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  • Who’s Afraid of Property Rights? Rights as Core Concepts, Coherent, Prima Facie, Situated and Specified.Hugh Breakey - 2014 - Law and Philosophy 33 (5):573-603.
    Natural property rights are widely viewed as anathema to welfarist taxation, and are pictured as non-contextual, non-relational and resistant to regulation. Here, I argue that many of the major arguments for such views are flawed. Such arguments trade on an ambiguity in the term ‘right’ that makes it possible to conflate the core concept of a right with a situated or specified right from which one can read off people’s actual legal entitlements and duties. I marshal several arguments demonstrating this (...)
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  • The arc of the moral universe and other essays.Joshua Cohen - 2010 - Cambridge, Mass.: Harvard University Press.
    The arc of the moral universe -- Structure, choice, and legitimacy: Locke's theory of the state -- Democratic equality -- A more democratic liberalism -- For a democratic society -- Knowledge, morality and hope: the social thought of Noam Chomsky: with Joel Rogers -- Reflections on Habermas on democracy -- A matter of demolition?: Susan Okin on justice and gender -- Minimalism about human rights: the most we can hope for? -- Is there a human right to democracy? -- Extra (...)
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  • Secondary Associations and Democratic Governance.Joel Rogers & Joshua Cohen - 1992 - Politics and Society 20 (4):393-472.
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  • The Fictitious Liberal Divide.Åsbjørn Melkevik - 2017 - Erasmus Journal for Philosophy and Economics 10 (2):1-23.
    The main question dividing classical and high liberals is about how economic rights rank compared to other rights and public goals. That is, the question is about what can or cannot outweigh such rights. High liberals argue that economic rights can be outweighed by any legitimate state interest, such that they are prima facie rights. Neoclassical liberals, conversely, have recently sought to elevate economic rights to basic rights, which could then only be outweighed by other basic rights. This paper shows (...)
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  • Corporate Dystopia.Nicolas Dahan - 2013 - Business and Society 52 (3):388-426.
    This article is concerned with the moral permissibility of corporate political activities under the existing legal framework in the United States. The author unpacks and examines the standard case for and against the involvement of business in lobbying and electoral activities. And the author provides six objections against the standard arguments and proposes that the wrongness of corporate political activities does not have much to do with its potential social consequences but rather with nonconsequentialist considerations. The author’s ultimate aim is (...)
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  • The Priority of Liberty: An Argument from Social Equality.Devon Cass - 2020 - Law and Philosophy 40 (2):129-161.
    John Rawls’s thesis that a certain package of basic liberties should be given lexical priority is of great interest for legal and political philosophy, but it has received relatively little defense from Rawls or his supporters. In this paper, I examine three arguments for the thesis: the first is based on the two ‘moral powers’; the second, on the social bases of self-respect; and the third, on a Kantian notion of autonomy. I argue none of these accounts successfully establishes 1) (...)
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  • Deliberative Democracy and Complex Diversity. From Discourse Ethics to the Theory of Argumentation.Imaz Alias Oier - 2017 - Dissertation, Universidad Del Pais Vasco
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  • Liberty and its economies.Alex Gourevitch - 2014 - Politics, Philosophy and Economics 14 (4):365-390.
    The revival of classical liberal thought has reignited a debate about economic freedom and social justice. Classical liberals claim to defend expansive economic freedom, while their critics wish to restrict this freedom for other values. However, there are two problems with the role ‘economic freedom’ plays in this debate: inconsistency in the use of the concept and indeterminacy with respect to its definition. Inconsistency in the use of the concept ‘freedom’ has mistakenly made a certain kind of ‘left-wing’ critique of (...)
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  • Political equality in justice as fairness.Harry Brighouse - 1997 - Philosophical Studies 86 (2):155-184.
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  • Incompetent organ donors.Howard Klepper - 1994 - Journal of Social Philosophy 25 (s1):241-255.
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  • Bienes primarios, igualdad de oportunidas e igualdad de recursos.Caroline Guibet Lafaye - 2005 - Isegoría 33.
    El cuidado de la reciprocidad y de la imparcialidad es fundamental en la tradición de la filosofía liberal. Las teorías liberales y solidarias de la justicia aspiran a establecer un acceso igual a las oportunidades y a los recursos a todos los individuos dentro de la comunidad. Sin embargo la dificultad principal que se encuentra reside en la determinación y la identificación de los recursos pertinentes que se debe tomar en cuenta. Ahora bien el análisis demuestra que ni el enfoque (...)
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