Since it appeared in 1971, John Rawls's A Theory of Justice has become a classic. The author has now revised the original edition to clear up a number of difficulties he and others have found in the original book. Rawls aims to express an essential part of the common core of the democratic tradition--justice as fairness--and to provide an alternative to utilitarianism, which had dominated the Anglo-Saxon tradition of political thought since the nineteenth century. Rawls substitutes the ideal of the (...) social contract as a more satisfactory account of the basic rights and liberties of citizens as free and equal persons. "Each person," writes Rawls, "possesses an inviolability founded on justice that even the welfare of society as a whole cannot override." Advancing the ideas of Rousseau, Kant, Emerson, and Lincoln, Rawls's theory is as powerful today as it was when first published. (shrink)

"--Jeffrie Murphy, The Philosophical Review (forthcoming).

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 (...) both the Anglo-American and European traditions. Not only does it help make some of the best work avail able to an international audience, but it also encourages increased awareness of, and interaction between, the two major traditions. The primary focus is on full-length scholarly monographs, although some edited volumes of original papers are also included. The Library editors are assisted by an Editorial Advisory Board of internationally renowed scholars. Legal philosophy should not be considered a narrowly circumscribed field. (shrink)

Discusses the justification for a minimal welfare state independent of political rhetoric from the right or the left.

Many recent political philosophers have attempted to demonstrate that choice and responsibility can be incorporated into the framework of an egalitarian theory of distributive justice. This article argues, however, that the project of developing a responsibility-based conception of egalitarian justice is misconceived. The project represents an attempt to defuse conservative criticism of the welfare state and of egalitarian liberalism more generally. But by mimicking the conservative’s emphasis on choice and responsibility, advocates of responsibility-based egalitarianism unwittingly inherit the conservative’s unsustainable justificatory (...) ambitions, unattractive moralism, and questionable metaphysical commitments. More importantly, they misrepresent the nature of our concern with equality as a value. (shrink)

Since its publication in 1965, Brian Barry's seminal work has occupied an important role in the revival of Anglo-American political philosophy. A number of ideas and terms in it have become part of the standard vocabulary, such as the distinction between "ideal-regarding" and "want-regarding" principles and the division of principles into aggregative and distributive. The book provided the first precise analysis of the concept of political values having trade-off relations and its analysis of the notion of the public interest has (...) also been significant. (shrink)

The compensatory desert argument is an argument that purports to justify inequalities in (some) incomes generated by a free labour market. It holds, first, that the principle of compensation is a principle of desert; second, that a distribution justified by a principle of desert is just; and third, that (some) rewards people reap on a free labour market are compensation for costs they incur. It concludes that therefore, a distribution of (some) rewards generated by a free labour market is just. (...) In this chapter I criticise the first two premises of this argument. I argue that the principle of compensation is not a principle of desert (sections 3 and 4), and that a distribution of deserved compensatory payments may be unjust (sections 5 and 6). Before developing my critique of the compensatory desert argument, I start by illustrating further that argument in the version of it which has been defended by Julian Lamont (section 1), and to dispel two objections that have been moved against the view that compensation is a principle of desert. (shrink)

In recent years, interest in desert-based theories of justice has increased, and this seems to represent a challenge to equality-based theories of justice.[i] The best distribution of outcomeadvantage with respect to desert, after all, need not be the most equal distribution of outcomeadvantage. Some individuals may deserve more than others. Outcome egalitarianism is, however, implausible, and so the conflict of outcome desert with outcome equality is of little significance.[ii] Most contemporary versions of egalitarianism are concerned with neutralizing the differential effects (...) of brute luck and not with equality of outcome. I shall argue that, in order to be plausible, a desert-based theory of justice can and must be compatible with this form of egalitarianism. There is, however, a stronger form of brute luck egalitarianism, which, as I shall explain, is concerned with equalizing the advantages from brute luck—and not merely with neutralizing the differential effects thereof. Under idealized conditions in which agents have perfect information about the outcomes that their choices generate, even this stronger form of egalitarianism, I shall show, is compatible with pure desert theory. Under conditions of incomplete information, however, strong brute luck egalitarianism is incompatible with a pure desert theory that appeals, as I shall explain, to moral, rather than prudential, desert. (shrink)

Justice is a constant and perpetual will to give every man his due. The principles of law are these: to live virtuously, not to harm others, to give his due to everyone. Jurisprudence is the knowledge of divine and human things, the science of the just and the unjust. Law is the art of goodness and justice. By virtue of this [lawyers] may be called priests, for we cherish justice and profess knowledge or goodness and equity, separating right from wrong (...) and legal from the illegal. (shrink)

People ought to get what they deserve. And what we deserve can depend on effort, performance, or on excelling in competition, even when excellence is partly a function of our natural gifts. Or so most people believe. Philosophers sometimes say otherwise. At least since Karl Marx complained about capitalist society extracting surplus value from workers, thereby failing to give workers what they deserve, classical liberal philosophers have worried that to treat justice as a matter of what people deserve is to (...) license interference with liberty. Rawls likewise rejected patterns imposed by principles of desert, calling it “one of the fixed points of our considered judgments that no one deserves his place in the distribution of natural endowments, any more than one deserves one’s initial starting place in society. The assertion that a man deserves the superior character that enables him to make the effort to cultivate his abilities is equally problematic; for his character depends in large part upon fortunate family and social circumstances for which he can claim no credit. The notion of desert seems not to apply to these cases.” Rawls’s view is, in a way, compelling. Inevitably, our efforts are aided by natural gifts, positional advantages, and sheer luck, so how much can we deserve? And if our very characters result from an interplay of these same factors, how can we (capitalists and proletariat workers alike) deserve anything at all? Samuel Scheffler says, “none of the most prominent contemporary versions of philosophical liberalism assigns a significant role to desert at the level of fundamental principle.” If so, I argue, the most prominent contemporary versions of philosophical liberalism are mistaken. In particular, there is an aspect of what we do to make ourselves deserving that, although it has not been discussed in the literature, plays a central role in everyday moral life, and for good reason. (shrink)