Feminist philosophers have argued that the family, as an institution, falls short of justice and have raised concerns about the effects of the family on women and girls. Three lines of critique have focused on John Rawls’ account of the family in A Theory of Justice and Political Liberalism. First, Rawlsian liberalism fails to provide sufficiently robust protections against sexist non-public associations (including the traditional family). Second, Rawlsian liberalism fails to recognize that families, as a rule, are unfair for women (...) and girls. Third, Rawlsian liberalism gives insufficient attention to the moral development of children within families. In this paper, I defend the place of the family in Rawlsian liberalism against these criticisms. In particular, I argue that family autonomy and family privacy are important for securing a primary good- the development of individuals’ capacity for partiality. (shrink)

In “The Pecking Order,” Dalton Conley argues that inequalities between siblings are larger than inequalities at the level of the overall society. Our article discusses the normative implications for institutions of this observation. We show that the question of state intervention for curbing intra-family inequality reveals an internal tension within liberalism between autonomy and toleration, which bears on the forms that the intervention of institutions may take. Despite the pros and cons of both commitments, autonomy-based liberalism appears more compatible with (...) the involvement of the state for egalitarian reasons within the family than toleration-based liberalism.Export citation Request permission. (shrink)

Scholars have extensively debated the family’s place within liberalism, generally, and specific attention and critique has been given to the family in Rawls’ work. What has received less focus are the requirements of parents in a Rawlsian polity and, further, what those requirements might imply for the one case where states explicitly regulate the process of becoming parents: adoption. This paper seeks to discover what might be required of parents, adoptive or otherwise, in a Rawlsian social contract state. Second, it (...) considers adoptive parent selection in light of these requirements as well as Rawls’ arguments regarding merit and fair equality of opportunity. Finally, it considers what such a merit-based selection of adoptive parents implies for the disputed rights of same-sex couples to adopt children. Further, because the question of merit in this case will hinge upon what it means to be a “fit parent,” it also draws upon relevant empirical social science studies regarding gay and lesbian parents. The paper, then, evaluates both the theoretical and empirical validity of generalized claims that same-sex couples are less fit to be parents than are heterosexual couples. (shrink)

This paper examines the latest developments in feminist critiques of the seminal Theory of Justice, written by John Rawls, the late preeminent American moral philosopher. Rawls is recognized as one of the most influential moral political philosophers of the twentieth century and is increasingly relevant because of his discussions on pluralist societies. With the current diverging of liberal, conservative and libertarian philosophies among Americans, as well as the fragmentation of parties to accommodate an increasingly diverse public, a clear philosophy and (...) understanding of liberal theory is necessary for its future in American politics. The current pressure to address the needs of oppressed groups such as women and sexual minorities has created a philosophical tipping point. What is to be considered equality, how the government should involve itself, and how this will be done feasibly and throughout generations need answers defined on all sides of the discussion. Gender and sexual inequality, when considering what should be done, is one of the most significant challenges because of its effect on the traditional family, on centuries of preconceived notions of gender and sexuality, and the heavy commitment it may take to extinguish. To analyze the social contract approach and the theory of justice as fairness, I will examine and then follow Rawls’ own method of the original position to determine in which manner the family should be situated within society to result in the best accordance to the two principles. Furthermore, the arguments on the reasonability of religion in a political conception will be used to promote a fair and stable society. The overall aim is to develop a Rawlsian solution to gender equality in society that is both fair and sustainable in a pluralistic society. Focusing on the role of the family in society, I argue that Rawls’ fundamental concept of justice – “justice as fairness” – does not develop a clear and convincing stance on how gender equality will be produced in a pluralistic society. Debate has risen between feminist and liberal philosophers in distinguishing the relationship between Rawls’ two principles of justice and their intervention in family hierarchy, duties, and responsibilities. The two principles are known as: First Principle: Each person has the same indefeasible claim to a fully adequate scheme of equal basic liberties, which scheme is compatible with the same scheme of liberties for all; Second Principle: Social and economic inequalities are to satisfy two conditions: They are to be attached to offices and positions open to all under conditions of fair equality of opportunity; They are to be to the greatest benefit of the least-advantaged members of society. The distinction between an indirect and direct interaction between principles of justice and the basic structures of society will shape the way the political arena promotes equality. This is the case, provided that the procedure in which Rawls utilizes is fair in itself, which has come into contention among feminist thinkers. Once the family is situated in the original position, the feasibility of the theory will be discussed within the parameters of a property-owning democracy as well as, more specifically, a deliberative democracy. This solution should bring a reflective justification for the principles abilities to deal with injustices outlined by feminists. (shrink)