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)

One of the most troubling features of international trade is that it often involves exchange between individuals facing dramatically different life circumstances, who therefore derive different levels of benefit from the exchange. Most obviously, wages are extremely low in underdeveloped countries. However, the principle underlying these wages is the same as the one the dictates wage levels in wealthy countries. It is, therefore, difficult to criticize the wages paid to ?pauper labor? without at the same time criticizing the way that (...) capitalism functions as a whole. For those who would like to question aspects of globalization, without simply repeating the standard moralizing critique of capitalism, this poses particular difficulties. This paper offers some suggestions on how egalitarians can approach this issue. The central piece of conceptual apparatus introduced, in the service of this aim, is the distinction between a ?first-best?, a ?second-best?, and an ?nth best? set of normative principles. It is then suggested, first, that capitalism is acceptable to egalitarians only within a third-best framework, and second, that this low level of idealization imposes real constraints on how far one can go in criticizing trade practices at the global level. (shrink)

Political realism criticises the putative abstraction, foundationalism and neglect of the agonistic dimension of political practice in the work of John Rawls. This paper argues that had Rawls not fully specified the implementation of his theory of justice in one particular form of political economy then he would be vulnerable to a realist critique. But he did present such an implementation: a property-owning democracy. An appreciation of Rawls s specificationist method undercuts the realist critique of his conception of justice as (...) fairness. (shrink)

I should begin by thanking Brian Berkey for his thoughtful discussion of my paper. As will be clear from what follows, I think that, in several instances, Berke.

In this article I argue that G.A. Cohen is mistaken in his belief that the concept of justice needs to be rescued from constructivist theorists of justice. In doing so, I rely on insights of John Rawls’ later work Political Liberalism and Rainer Forst’s discourse theory of justice. Such critical engagement with Cohen’s critique of constructivism is needed, because Cohen bases his critique of constructivism almost exclusively on Rawls’s arguments and positions in A Theory of Justice. He thus neglects - (...) at least by and large - that Rawls had further developed his constructivist method of justification in his later work Political Liberalism, as well as that Forst’s discourse-theoretical works offer elaborate versions of constructivism. These refined versions of constructivism recognize a plurality of reasonable conceptions of ideal justice and draw an important distinction between moral and political constructivism. Because of these features these advanced constructivist theories are not in need of Cohen’s rescue. (shrink)