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  1. Giving Desert its Due: Social Justice and Legal Theory.Wojciech Sadurski - 1985 - D. Reidel Publishing Company.
    During the last half of the twentieth century, legal philosophy (or legal theory or jurisprudence) has grown significantly. It is no longer the domain of a few isolated scholars in law and philosophy. Hundreds of scholars from diverse fields attend international meetings on the subject. In some universities, large lecture courses of five hundred students or more study it. The primary aim of the Law and Philosophy Library is to present some of the best original work on legal philosophy from (...)
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  • Special ties and natural duties.Jeremy Waldron - 1993 - Philosophy and Public Affairs 22 (1):3-30.
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  • There Is No Rawlsian Theory of Corporate Governance.Abraham Singer - 2015 - Business Ethics Quarterly 25 (1):65-92.
    ABSTRACT:The major aim of this article is to show that John Rawls’s theory of justice cannot be applied effectively to questions of business ethics and corporate governance. I begin with a reading of Rawls that emphasizes both the critical and pragmatic nature of his theory. In the second section I look more closely at the notion of society’s “basic structure” and its place within Rawls’s theory. In the third section, I argue that “the corporation” cannot be understood as part of (...)
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  • Navigating Our Way Between Market and State.Jeffery Smith - 2019 - Business Ethics Quarterly 29 (1):127-141.
    ABSTRACT:In this address I argue that different perspectives on the normative foundations of corporate responsibility reflect underlying disagreements about the ideal arrangement of tasks between market and state. I initially recommend that scholars look back to the “division of moral labor” inspired by John Rawls’ seminal work on distributive justice in order to rethink why, and to what extent, corporations take on responsibilities normally within the purview of government. I then examine how this notion is related to recent theoretical work (...)
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  • The Pareto Argument for Inequality*: G. A. COHEN.G. A. Cohen - 1995 - Social Philosophy and Policy 12 (1):160-185.
    Some ways of defending inequality against the charge that it is unjust require premises that egalitarians find easy to dismiss—statements, for example, about the contrasting deserts and/or entitlements of unequally placed people. But a defense of inequality suggested by John Rawls and elaborated by Brian Barry has often proved irresistible even to people of egalitarian outlook. The persuasive power of this defense of inequality has helped to drive authentic egalitarianism, of an old-fashioned, uncompromising kind, out of contemporary political philosophy. The (...)
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  • Reflective Equilibrium and Archimedean Points.Norman Daniels - 1980 - Canadian Journal of Philosophy 10 (1):83-103.
    In A Theory of Justice, John Rawls defines a hypothetical contract situation and argues rational people will agree on reflection it is fair to contractors. He solves the rational choice problem it poses by deriving two lexically-ordered principles of justice and suggests the derivation justifies the principles. Its soundness aside, just what justificatory force does such a derivation have?On one view, there is no justificatory force because the contract is rigged specifically to yield principles which match our pre-contract moral judgments. (...)
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  • The Difference Principle Would Not Be Chosen behind the Veil of Ignorance.Johan E. Gustafsson - 2018 - Journal of Philosophy 115 (11):588-604.
    John Rawls argues that the Difference Principle would be chosen by parties trying to advance their individual interests behind the Veil of Ignorance. Behind this veil, the parties do not know who they are and they are unable to assign or estimate probabilities to their turning out to be any particular person in society. Much discussion of Rawls’s argument concerns whether he can plausibly rule out the parties’ having access to probabilities about who they are. Nevertheless, I argue that, even (...)
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  • The Many, Not the Few: Pluralism About Global Distributive Justice.Helena de Bres - 2012 - Journal of Political Philosophy 20 (3):314-340.
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  • A perfectionist basic structure.Avigail Ferdman - 2019 - Philosophy and Social Criticism 45 (7):1-21.
    When philosophers talk about perfectionism, it is usually as a view of well-being, of developing characteristically human capacities. Yet perfectionism can also be a normative account of what we ow...
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  • Why "We" Are Not Harming the Global Poor: A Critique of Pogge's Leap from State to Individual Responsibility.Uwe Steinhoff - 2012 - Public Reason 4 (1-2):119-138.
    Thomas Pogge claims "that, by shaping and enforcing the social conditions that foreseeably and avoidably cause the monumental suffering of global poverty, we are harming the global poor ... or, to put it more descriptively, we are active participants in the largest, though not the gravest, crime against humanity ever committed." In other words, he claims that by upholding certain international arrangements we are violating our strong negative duties not to harm, and not just some positive duties to help. I (...)
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  • Irreplaceable Goods: Bridging Sustainability and Intergenerational Sufficientarianism.Rita Vasconcellos Oliveira - 2023 - Ethics, Policy and Environment 26 (3):438-454.
    In 1987, the Brundtland Commission urged nations to improve present conditions without compromising the ability of future generations to meet their needs. Against the background of this appeal for sustainable development, there is a call for intergenerational justice, under a sufficientarian framework. Despite their strong relation, we claim that, to some degree, intergenerational sufficientarianism disregards relevant sustainability notions. This neglect undermines intergenerational sufficientarianism in the context of sustainability, here operationalized as sustainable development. In response, we propose the concept of irreplaceable (...)
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  • Distributive Justice, Political Legitimacy, and Independent Central Banks.Josep Ferret Mas - 2024 - Res Publica 30 (2):249-266.
    The Global Financial Crisis of 2007–2009 exacerbated two distinct concerns about the independence of central banks: a concern about legitimacy and a concern about economic justice. This paper explores the legitimacy of independent central banks from the perspective of these two concerns, by presenting two distinct models of central banking and their different claims to political legitimacy and distributive justice. I argue primarily that we should avoid construing central bank independence in binary terms, such that central banks either are, or (...)
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  • Disparate Goods and Rawls' Difference Principle: A Social Choice Theoretic Treatment.Allan F. Gibbard - unknown
    Rawls' Difference Principle asserts that a basic economic structure is just if it makes the worst off people as well off as is feasible. How well off someone is is to be measured by an ‘index’ of ‘primary social goods’. It is this index that gives content to the principle, and Rawls gives no adequate directions for constructing it. In this essay a version of the difference principle is proposed that fits much of what Rawls says, but that makes use (...)
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  • Taking Moral Equality Seriously: Egalitarianism and Immigration Controls.Phillip Cole - 2012 - Journal of International Political Theory 8 (1-2):121-134.
    In this paper I re-state the egalitarian argument against the morality of immigration controls: such limits violate the central ethical commitment to moral equality. This means that immigration controls fail a fundamental moral test and represent the ethical failure of the liberal project of moral equality. I set this re-statement against recent arguments about what moral equality means, specifically Christopher Heath Wellman's use of Elizabeth Anderson's notion of relational equality. Wellman believes that Anderson's ideas seriously damage the egalitarian argument, but (...)
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  • Human Needs (Annotated Bibliography).Michael A. Dover - 2016 - In Mullen Edward, Oxford Bibliographies Online: Social Work. Oxford University Press.
    Social work has long been concerned with the respective roles of the social work profession and the social welfare system in addressing human needs. Social workers engage in needs assessment together with client systems. They provide and advocate for the needs of clients, as well enabling and empowering clients and communities to address their needs. They also advocate for social welfare benefits and services and overall social policies that take human needs into account. However, explicit ethical content was not present (...)
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  • Technological unemployment and human disenhancement.Michele Loi - 2015 - Ethics and Information Technology 17 (3):201-210.
    This paper discusses the concept of “human disenhancement”, i.e. the worsening of human individual abilities and expectations through technology. The goal is provoking ethical reflection on technological innovation outside the biomedical realm, in particular the substitution of human work with computer-driven automation. According to some widely accepted economic theories, automatization and computerization are responsible for the disappearance of many middle-class jobs. I argue that, if that is the case, a technological innovation can be a cause of “human disenhancement”, globally, and (...)
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  • Justice and the Social Ontology of the Corporation.Nuno Ornelas Martins - 2018 - Journal of Business Ethics 153 (1):17-28.
    In this article I address the question of whether corporations should be considered as part of the basic structure of society as defined in Rawls’s Theory of Justice. To do so, it becomes necessary to understand which institutions are crucial for defining Rawls’s basic structure of society. I will argue that a social ontology aimed at understanding how human institutions influence various aspects presupposed in Rawls’s basic structure of society can help addressing this topic. To do so, I shall draw (...)
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  • A Defense of Strong Voluntarism.Andrew Jason Cohen - 1998 - American Philosophical Quarterly 35 (3):251-265.
    Critics of liberalism in the past two decades have argued that the fact that we are necessarily "situated" or "embedded" means that we can not always choose our own ends (for example, our conceptions of the good or our loyalties to others). Some suggest that we simply discover ourselves with these "connections." If correct, this would argue against (Rawlsian) hypothetical contract models and liberalism more broadly, make true impartiality impossible, and give support to traditionalist views like those of Alasdair MacIntyre, (...)
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  • States Are Not Basic Structures: Against State-Centric Political Theory.Olúfẹmi O. Táíwò - 2019 - Philosophical Papers 48 (1):59-82.
    Contemporary political philosophy often operates on a ‘two-tiered’ theoretical treatment of global politics, on which domestic political systems and the principles governing their internal...
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  • (1 other version)Ethos and institution: On the site of distributive justice.Kenneth Baynes - 2005 - Journal of Social Philosophy 37 (2):182–196.
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  • The Unification Challenge.Dominic Martin - 2013 - Business Ethics Journal Review 1 (5):28-36.
    Wayne Norman argues that there should be more similarity or unity between the justifications for markets and the extra-legal norms that apply to market agents. I question two aspects of his claim. First, why does Norman refer to this view as a view about the self-regulation of market agents? Agents could self-regulate with many different norms, not necessarily norms informed by the justifications for markets. Second, asking for more similarity might create problems in terms of the liberty of market agents (...)
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  • Global displacement and the topography of theory.Phillip Cole - 2016 - Journal of Global Ethics 12 (3):260-268.
    In this essay, I examine the concept of the refugee within the context of liberal political theory. The argument is that the refugee is displaced both in political practice and political theory – theory has a topology, and inside and an outside, such that even if the refugee as a concept does enter within its boundaries it does so as a marginal figure, constructed as problematic. However, liberal political also has a topography when it comes to the refugee question – (...)
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  • (1 other version)Ethos and Institution: On the Site of Distributive Justice.Kenneth Baynes - 2006 - Journal of Social Philosophy 37 (2):182-196.
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  • Habermas on Rawls and the normative foundations of democracy.Krzysztof Kędziora - 2021 - European Journal of Social Theory 24 (4):545-561.
    The debate between Jürgen Habermas and John Rawls concerns the question of how to do political philosophy under conditions of cultural pluralism, if the aim of political philosophy is to uncover the normative foundation of a modern liberal democracy. Rawls’s political liberalism tries to bypass the problem of pluralism, using the intellectual device of the veil of ignorance, and yet paradoxically at the same time it treats it as something given and as an arbiter of justification within the political conception (...)
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  • Libertarianism, Entitlement, and Responsibility.Stephen R. Perry - 1997 - Philosophy and Public Affairs 26 (4):351-396.
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  • Global Justice: A Structural Approach.Elizabeth Kahn - 2012 - Public Reason 4 (1-2):48-67.
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  • Epistemic injustice in education: exploring structural approaches, envisioning structural remedies.A. C. Nikolaidis - 2024 - Journal of Philosophy of Education 57 (4-5):842-861.
    Since the publication of Miranda Fricker’s seminal book Epistemic Injustice, philosophy of education scholarship has been mostly limited to analyses of culprit-based epistemic injustice in education. This has left structural manifestations relatively underexplored with great detriment to those who are most vulnerable to experience such injustice. This paper aims to address this oversight and open avenues for further research by exploring approaches to theorizing structural epistemic injustice in education and envisioning efficacious remedies. The author identifies three approaches: one that focusses (...)
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  • In defence of fact-dependency.Sem de Maagt - 2014 - Canadian Journal of Philosophy 44 (3-4):443-462.
    G.A. Cohen and David Estlund claim that, because of their fact-dependent nature, constructivist theories of justice do not qualify as moral theories about fundamental values such as justice. In this paper, I defend fact-dependent, constructivist theories of justice against this fact-independency critique. I argue that constructivists can invoke facts among the grounds for accepting fundamental principles of justice while maintaining that the foundation of morality has to be non-empirical. My claim is that constructivists ultimately account for the normativity of fact-dependent (...)
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  • Mutually Beneficial Coercion: A Critique of the Coercive Approach to Distributive Justice.Elizabeth C. Hupfer - 2019 - Law and Philosophy 38 (2):195-220.
    According to the coercive approach to distributive justice, the coercive nature of the political state requires justification in the form of distributive benefits owed only to members of the state. In this paper I analyze and dismiss traditional objections to the coercive approach, and I proceed to raise two novel objections. First, according to my equivocation objection, I contend that the coercive approach’s leap from coercive burdens to certain distributive benefits is based on an equivocation. When this equivocation is clarified, (...)
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  • The Ethicality of Welfare Crowdfunding in the Context of the Neoliberal Welfare State: A Rawlsian Perspective.Krystallia Moysidou & Marianna Fotaki - forthcoming - Business Ethics Quarterly:1-32.
    Despite crowdfunding platforms’ growing involvement in financing welfare, related ethical issues have received little scholarly attention. To address this gap, we focus on GoFundMe, the leading welfare crowdfunding platform in the US, to examine whether it facilitates the establishment of a just society that democratizes access to funding. Informed by Rawls’s ethics, we conduct a comprehensive analysis, arguing that GoFundMe’s modus operandi merits criticism. We advance three interrelated arguments for why GoFundMe is morally problematic. First, it distributes information and primary (...)
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  • Kantian Cognitivism.E. Sonny Elizondo - 2020 - Pacific Philosophical Quarterly 101 (4):711-725.
    According to many of its advocates, one of the main attractions of Kantian moral philosophy is its metaethical innocence. The most interesting argument for such innocence appeals to Kantians' rationalism. Roughly, if moral action is simply rational action, then we do not need to appeal to anything beyond rationality to certify moral judgment. I assess this argument by reflecting on (dis)analogies between moral and logical forms of rationalism. I conclude that the Kantian claim to metaethical innocence is overstated. Kantians cannot (...)
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  • Essentially Aggregative Harm, Restraint, and Collectivization.Elizabeth Kahn - 2024 - Political Theory 52 (1):34-59.
    Some of the most pressing contemporary social problems result from the amalgamation of a mass of actions that are not intentionally coordinated. Although these essentially aggregative harms are foreseeable, it is unclear what moral duties individuals have with regards to them. This paper offers a new analysis of these problems and uses a nonideal contractualist approach to argue in favour of two kinds of duties for individuals. Collectivization duties that require individuals to act responsively with a view to ensuring that (...)
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  • Getting to justice?Andreas Follesdal - 2017 - Critical Review of International Social and Political Philosophy 20 (2):231-242.
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  • There Is No Bathing in River Styx: Rule Manipulation, Performance Downplaying and Adversarial Schemes.Dominic Martin - 2016 - Ethical Theory and Moral Practice 19 (1):129-145.
    Adversarial scheme points to situations of rivalry like auctions, public tendering, sports competitions, elections or trials. Thomas Pogge suggested that these schemes have great advantage: they force agents to reveal their full performance. But they also incentivize agents to manipulate the rules. In other schemes with incentives, he also suggests, agents can easily downplay their performance, but won’t engage in rule manipulation to the same extent. In this paper, I will argue that adversarial schemes and other schemes with incentives advantages (...)
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  • The Hobbesian Roots of Contemporary Liberalism.Robert Westmoreland - 1991 - Faith and Philosophy 8 (4):505-523.
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  • Rawls’ Idea of a Liberal Self: A Communitarian Critique.Arup Jyoti Sarma - 2020 - Journal of the Indian Council of Philosophical Research 37 (3):383-402.
    The paper is an attempt to revisit Rawls’ idea of a self, which elicits the concept of justice in the liberal tradition. Justice, as understood in the social and political context, is the basic feature of a well-ordered and rationally developed society and it is considered to be a virtue of the social institution. The liberal theory believes in the basic principle that right is prior to the good, and what is most fundamental to our personhood are not the ends (...)
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  • A Mooring for Ethical Life.Chris Melenovsky - 2014 - Dissertation, University of Pennsylvania
    Since G.A. Cohen’s influential criticism, John Rawls’s focus on the basic structure of society has fallen out of favor in moral and political philosophy. The most prominent defenses of this focus has argued from particular conceptions of justice or from a moral division of labor. In this dissertation, I instead argue for the Rawlsian focus from the ways in which social institutions establish new obligations, rights and powers. I argue that full evaluation of individual conduct requires that we evaluate the (...)
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  • The desirability of institutionalized rivalry.Dominic Martin - 2022 - Inquiry: An Interdisciplinary Journal of Philosophy.
    Many social institutions function with rivalry, whether it is the legal adversarial system, the electoral system, competitive sports or the market. The literature on adversarial ethics (with authors such as Arthur Applbaum, David Luban and Joseph Heath) attempts to clarify what is a good behavior in these situations, but this work does not examine if institutionalized rivalry is desirable given its good and bad aspects. According to Monroe Freedman, for instance, the confrontation between lawyers in a trial may help discover (...)
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  • Realising International Justice: To Constrain or to Counter-Incentivise?Douglas Bamford - 2014 - Moral Philosophy and Politics 1 (1):127-146.
    This paper presents a rival proposal to that presented by Dietsch and Rixen to ensure international background justice. It explains the notion of background justice and how this is challenged by the lack of international co-operation on taxation policy. It then presents the principles which Dietsch and Rixen propose in order to respond to this concern: the principle of membership and the principle of constraint. The paper proposes alternative principles of relationship and counter-incentive, which are argued to be superior means (...)
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  • Methods in ethics: Introduction.Ben Colburn - 2015 - The Virtual Issue of the Aristotelian Society 3: Methods in Ethics.
    The Aristotelian Society’s Virtual Issue is a free, online publication, made publically available on the Aristotelian Society website. Each volume is theme-based, collecting together papers from the archives of the Proceedings of the Aristotelian Society and the Proceedings of the Aristotelian Society Supplementary Volume that address the chosen theme. This year's Virtual Issue includes a selection of papers from across the Society’s fourteen decades, each accompanied by a specially commissioned present-day response. The aim of the volume is to aid reflection (...)
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  • Rawlsian Compromises in Peacebuilding: A Rejoinder to Begby.Alejandro Agafonow - 2011 - Public Reason 3 (1).
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  • 'Communicative competence' and the skeptic.Joseph Beatty - 1979 - Philosophy and Social Criticism 6 (3):268-287.
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  • A Chronological Bibliography of Works On John Rawls' Theory of Justice.Robert K. Fullinwider - 1977 - Political Theory 5 (4):561-570.
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  • Desert and self-ownership.Andrew Kernohan - 1993 - Journal of Value Inquiry 27 (2):197-202.
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  • Rawls and international justice.Juha Räikkä - 1997 - Philosophia 25 (1-4):163-189.
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  • Justice beyond borders.Phil Cole & Doris Schroeder - 2004 - Res Publica 10 (2):107-113.
    Liberal theories of social justicefocus predominantly on the national, ratherthan international, level, and where they doaddress international concerns they insist thatprinciples of justice at the national levelhave priority over principles at theinternational level. We question the coherenceof this arrangement, given liberal theory'scommitment to moral equality of persons as suchrather than to that of particular sets of persons. What isat issue is whether liberal theory can providea coherent basis for international justice atall. If it is to do so, we suggest that (...)
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  • The Concept of a Society.David Copp - 1992 - Dialogue 31 (2):183-.
    The concept of a society is central to several areas of philosophy, including social and political philosophy, philosophy of social science and moral philosophy. Yet little attention has been paid to the concept and we do not have an adequate philosophical account of it. It is a concept that is difficult to explain systematically, and it is subject to distortion or simple-minded attacks whenever it plays a major role in a philosophical theory. Methodological individualists have raised metaphysical or ontological concerns (...)
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  • Precauciones para una crítica a la teoría de la justicia de J. Rawls.William Roberto Darós - 2010 - Estudios de Filosofía (Universidad de Antioquia) 42:123-148.
    Se presenta aquí brevemente la teoría de la justicia elaborada por Rawls, primeramente sobre una base moral, y luego (en el llamado segundo Rawls) la teoría de justicia desde una perspectiva política, con la que Rawls intenta justificar también la existencia del Estado, mediante un contrato social. Se analizan después las primeras críticas realizadas a su teoría. Se sostiene la tesis de que la conveniencia se convierte, sin desearlo, en utilidad, en Rawls, y ésta se convierte en sinónimo de justicia. (...)
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  • Ideal Justice and Rational Dissent. A Critique of Amartya Sen’s The Idea of Justice.Wilfried Hinsch - 2011 - Analyse & Kritik 33 (2):371-386.
    In The Idea of Justice Amartya Sen criticises ‘transcendental institutionalism’ for entertaining notions of ‘ideal justice’ that, are neither necessary nor sufficient for the advancement of justice in the real world. Sen argues in favor of a ‘realization- focused’ and ‘comparative’ understanding of justice that he associates with the names of Adam Smith, Marx, and J. S. Mill. Conceptions of ideal justice. Sen believes, are useless since in practice we do not need them to advance justice. And they are ‘infeasible’ (...)
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  • Hegel's Morals.David Couzens Hoy - 1981 - Dialogue 20 (1):84-102.
    Opponents of Hegel's philosophy traditionally support their arguments against his metaphysics and dialectical methodology by implying that the lack of an ethics in his system has unfortunate consequences for personal and political life. In rebuttal, defenders of Hegel then block thead hominemcharges by pointing out examples of sound moral and political behavior in Hegel's own life and by arguing that amoral or immoral conduct is not entailed by Hegel's dialectical reasoning. The success of this defense of the biographical Hegel has (...)
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