Theories of social justice are necessarily abstract, reaching beyond the particular and the immediate to the general and the timeless. Yet such theories, addressing the world and its problems, must respond to the real and changing dilemmas of the day. A brilliant work of practical philosophy, Frontiers of Justice is dedicated to this proposition. Taking up three urgent problems of social justice neglected by current theories and thus harder to tackle in practical terms and everyday life, Martha Nussbaum seeks a (...) theory of social justice that can guide us to a richer, more responsive approach to social cooperation. The idea of the social contract--especially as developed in the work of John Rawls--is one of the most powerful approaches to social justice in the Western tradition. But as Nussbaum demonstrates, even Rawls's theory, suggesting a contract for mutual advantage among approximate equals, cannot address questions of social justice posed by unequal parties. How, for instance, can we extend the equal rights of citizenship--education, health care, political rights and liberties--to those with physical and mental disabilities? How can we extend justice and dignified life conditions to all citizens of the world? And how, finally, can we bring our treatment of nonhuman animals into our notions of social justice? Exploring the limitations of the social contract in these three areas, Nussbaum devises an alternative theory based on the idea of capabilities. She helps us to think more clearly about the purposes of political cooperation and the nature of political principles--and to look to a future of greater justice for all. (shrink)

The reception of Stuart Hampshire's political philosophy has been remarkably subdued and negative. His defence of procedural justice has been roundly rejected as logically incoherent and his conclusions have been dismissed as unduly pessimistic and inconsequential. But the critics are guilty of a quite fundamental misapprehension of Hampshire's enterprise. Properly understood, his defence of procedural justice is entirely coherent. Moreover, Hampshire provides an extremely rich and distinctive account of the place of conflict in human life that has potentially dramatic and (...) far-reaching implications for the discipline of political theory. This account forms the radical core of Hampshire's originality, an originality that is consistently neglected by his opponents. (shrink)

The Concept of Law is one of the most influential texts in English-language jurisprudence. 50 years after its first publication its relevance has not diminished and in this third edition, Leslie Green adds an introduction that places the book in a contemporary context, highlighting key questions about Hart's arguments and outlining the main debates it has prompted in the field. The complete text of the second edition is replicated here, including Hart's Postscript, with fully updated notes to include modern references (...) and further reading. (shrink)

A central task in contemporary political philosophy is to identify principles governing political life where citizens disagree deeply on important questions of value and, more generally, about the proper ends of life. The distinctively liberal response to this challenge insists that the state should as far as possible avoid relying on such contested issues in its basic structure and deliberations. David McCabe critically surveys influential defenses of the liberal solution and advocates modus vivendi liberalism as an alternative defense of the (...) liberal state. Acknowledging that the modus vivendi approach does not provide the deep moral consensus that many liberals demand, he defends the liberal state as an acceptable compromise among citizens who will continue to see it as less than ideal. His book will interest a wide range of readers in political philosophy and political theory. (shrink)

Controversies about abortion, the environment, pornography, AIDS, and similar issues naturally lead to the question of whether there are any values that can be ultimately justified, or whether values are simply conventional. John Kekes argues that the present moral and political uncertainties are due to a deep change in our society from a dogmatic to a pluralistic view of values. Dogmatism is committed to there being only one justifiable system of values. Pluralism recognizes many such systems, and yet it avoids (...) a chaotic relativism according to which all values are in the end arbitrary. Maintaining that good lives must be reasonable, but denying that they must conform to one true pattern, Kekes develops and justifies a pluralistic account of good lives and values, and works out its political, moral, and personal implications. (shrink)

This book, which inaugurates the Princeton Monographs in Philosophy series, starts from Plato's analogy in the Republic between conflict in the soul and conflict in the city. Plato's solution required reason to impose agreement and harmony on the warring passions, and this search for harmony and agreement constitutes the main tradition in political philosophy up to and including contemporary liberal theory. Hampshire undermines this tradition by developing a distinction between justice in procedures, which demands that both sides in a conflict (...) should be heard, and justice in matters of substance, which will always be disputed. Rationality in private thinking consists in adversary reasoning, and so it does in public affairs. Moral conflict is eternal, and institutionalized argument is its only universally acceptable restraint and the only alternative to tyranny.In the chapter "Against Monotheism," Hampshire argues that monotheistic beliefs are only with difficulty made compatible with pluralism in ethics. In "Conflict and Conflict Resolution," he argues that socialism, seen as the proposal of extended political solutions for natural human ills, is still a relevant, yet strongly contested, ideal. (shrink)

This long-awaited book sets out the implications of Habermas's theory of communicative action for moral theory. "Discourse ethics" attempts to reconstruct a moral point of view from which normative claims can be impartially judged. The theory of justice it develops replaces Kant's categorical imperative with a procedure of justification based on reasoned agreement among participants in practical discourse.Habermas connects communicative ethics to the theory of social action via an examination of research in the social psychology of moral and interpersonal development. (...) He aims to show that our basic moral intuitions spring from something deeper and more universal than contingent features of our tradition, namely from normative presuppositions of social interaction that belong to the repertoire of competent agents in any society. Jürgen Habermas is Professor of Philosophy at the University of Frankfurt. (shrink)

Thomas Nagel addresses the conflict between the claims of the group and those of the individual. Nagel attempts to clarify the nature of the conflict – one of the most fundamental problems in moral and political theory – and argues that its reconciliation is the essential task of any legitimate political system.

This article aims to investigate the way in which a political theory of justice should respond to the endorsement of pluralism. After offering reasons in support of the necessity for such a theory to take pluralism seriously, an argument is put forward for its characterization in minimal and procedural terms. However, taking issue with the straightforward relationship of implication identified by a number of scholars between pluralism and procedural justice, this article contends that a direct relation can only be established (...) between pluralism and the need to define a minimal theory of justice, i.e. a theory that assumes as little as possible in terms of values and views of the world. Its procedural formulation is seen, instead, as a consequence of the limited predictive power of theory facing the heterogeneous situations with which it is expected to deal. (shrink)

Author Jeremy Waldron has thoroughly revised thirteen of his most recent essays in order to offer a comprehensive critique of the idea of the judicial review of legislation. He argues that a belief in rights is not the same as a commitment to a Bill of Rights. This book presents legislation by a representative assembly as a form of law making which is especially apt for a society whose members disagree with one another about fundamental issues of principle.

In this urbane and witty book, Ronald de Sousa disputes the widespread notion that reason and emotion are natural antagonists.

Controversies about abortion, the environment, pornography, AIDS, and similar issues naturally lead to the question of whether there are any values that can be ultimately justified, or whether values are simply conventional. John Kekes argues that the present moral and political uncertainties are due to a deep change in our society from a dogmatic to a pluralistic view of values. Dogmatism is committed to there being only one justifiable system of values. Pluralism recognizes many such systems, and yet it avoids (...) a chaotic relativism according to which all values are in the end arbitrary. Maintaining that good lives must be reasonable, but denying that they must conform to one true pattern, Kekes develops and justifies a pluralistic account of good lives and values, and works out its political, moral, and personal implications. (shrink)

Since its publication in 1965 _Political Argument_ has come to be recognized as occupying a key position in the revival of Anglo-American political philosophy. A number of the ideas introduced by Barry 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. _Political Argument_ provided the first precise analysis, still frequently cited, of the conception that political values have trade-off relations; the analysis of the notion (...) of the public interest has also enjoyed wide influence. For this long-awaited reprint, the author has prepared a substantial, new introductory essay in which he recounts the process of writing the book and sets it in the intellectual milieu of its time. He then offers extensive comments on the subsequent fate of some of the leading ideas and assesses the book in light of criticisms and later developments. Finally, Barry evaluates current approaches to political philosophy as they look today. This new edition of _Political Argument_ will interest political theorists, philosophers, economists, and a range of other scholars. Brilliant and incisive, it will engender discussion and debate from many quarters. (shrink)

Given its contribution to enhancing the inclusiveness, responsiveness, transparency and accountability of socio-political decision-making, the deliberative model has achieved considerable prominence in recent times as a basis for revitalizing democracy. But notwithstanding its strengths, it has also become clear that the deliberative proposal exhibits certain weaknesses that stand in need of correction if it is to realize its potential for revitalizing democracy in our contemporary pluralistic and multicultural world. Not surprisingly, then, there have been calls for significant modifications to the (...) core proposal. Of particular interest for present purposes is Iris Marion Young’s call for a ‘communicative’ reappropriation of the standard model with a view to rendering it more inclusive of and responsive to difference. While Young’s call for reconfiguring the deliberative template in a manner conducive to treating difference as a resource rather than as a barrier to unity is judicious and timely, the present article contends that her communicative proposal does not go far enough to achieve the envisaged outcomes. Instead, to enhance inclusiveness and responsiveness to difference in a manner conducive to promoting mutual understanding and potentially transformative learning, a thoroughgoing dialogical reappropriation is called for, along the lines defended here. Only in this way can the deliberative proposal live up to its pluralistic as well as inclusive intent. Moreover, far from being an external imposition, a dialogical reconfiguration of the requisite sort is rather a means of liberating potentials inherent in the deliberative proposal from the outset but typically suppressed by an undue emphasis on homogeneity, uniformity and consensus. (shrink)

Liberal theories of justice typically claim that political institutions should be justifiable to those who live under them – whatever their values. The more such values diverge, the greater the challenge of justifiability. Diversity of this kind becomes especially pronounced when the institutions in question are supra-national. Focusing on the case of the European Union, this paper aims to address a basic question: what kinds of value should inform the justification of political institutions facing a plurality of value systems? One (...) route to an answer is provided by John Rawls, who famously distinguishes between comprehensive and political values, and defends the exclusion of the former from the foundations of a political theory of justice. This paper questions the tenability of the Rawlsian solution, and draws attention to an alternative twofold conceptual distinction: that between minimal and non-minimal and between substantive and procedural values. Minimal values are meant to be as independent as possible of controversial conceptions of the good and views of the world, regardless of whether these are comprehensive or purely political. It will be argued that their endorsement may thus further specify the nature of what should be shared in order to justify political institutions in conditions of pluralism. In order to further refine the account of such basis of justification, two variants of minimalism will be presented according to whether they invest substantive or procedural values. Substantive values qualify the property of an outcome; procedural values qualify the property of a procedure. The latter part of the paper consists of a ‘face-off’ between minimal proceduralism and minimal substantivism, considering reasons in favour of the adoption of each. The result, we suggest, is a helpful reorientation of the political dimension of the value debates to which the multiplicity of values amid contemporary European horizons give rise. (shrink)

In Liberalism and Pluralism, Richard Bellamy explores the challenges posed by conflicting values, interests and identities to liberal democracy. Conventional liberal thought is no longer suited to the complex, plural societies of today. By analyzing the three major strands of liberal thought as represented by Hayek, Rawls and Walzer, the author reveals how standard liberalism has tried to circumvent unstable settlements. This book establishes a more satisfactory alternative: namely, negotiated compromise.

The challenge of explaining the emotions has engaged the attention of the best minds in philosophy and science throughout history. Part of the fascination has been that the emotions resist classification. As adequate account therefore requires receptivity to knowledge from a variety of sources. The philosopher must inform himself of the relevant empirical investigation to arrive at a definition, and the scientist cannot afford to be naive about the assumptions built into his conceptual apparatus. The contributors to this volume have (...) approached the problem of characterizing and classifying emotions from the perspectives of neurophysiology, psychology, and social psychology as well as that of philosophical psychology. They discuss the difficulties that arise in classifying the emotions, assessing their appropriateness and rationality, and determining their function in motivating moral action. (shrink)

How should we understand the emotional rationality? This first part will explore two models of cognition and analogy strategies, test their intuition about the emotional desire. I distinguish between subjective and objective desire, then presents with a feeling from the "paradigm of drama" export semantics, here our emotional repertoire is acquired all the learned, and our emotions in the form of an object is fixed. It is pretty well in line with the general principles of rationality, especially the lowest reasonable (...) principles. Turned to the second part of this side of reasonable. I will inquire how emotional beliefs, desires, and behaviors contribute to the rationality. I will present a very general biological hypothesis: emotions by controlling highlights the characteristics of perception and reasoning, so that we remove the difficulties due in particular to lead to paralysis; they are being simulated by a simplified perception of information, thus limiting our practice and cognitive choice. How are we to understand emotional or axiological rationality? I pursue analogies with both the cognitive and the strategic models, testing them against intuitions about emotional desires. We distinguish two different classes of desires, the subjective and the objective, and propose that emotions have a semantics that derives from "paradigmatic scenarios", in terms of which our emotional repertoire is learned and the formal objects of our emotions fixed. This fits in well with emerging facts about how our emotional capacities develop, and it can also be squared with the general principles of rationality, particularly minimal rationality. In the second part, I return to the perspective of rationality. I ask how emotions contribute to the rationality of beliefs, desires, and behavior. I proffer a very general biological hypothesis: Emotions spare us the paralysis potentially induced by a particular predicament by controlling the salience of features of perception and reasoning; they temporarily mimic the informational encapsulation of perception and so circumscribe our practical and cognitive options. (shrink)

This paper contrasts universalist approaches to justice with contextualist approaches. Universalists hold that basic principles of justice are invariant — they apply in every circumstance in which questions of justice arise. Contextualists hold that different principles apply in different contexts, and that there is no underlying master principle that applies in all. The paper argues that universalists cannot explain why so many different theories of justice have been put forward, nor why there is so much diversity in the judgements that (...) ordinary people make. Several strategies open to universalists are considered and found to be wanting. Contextualism is defended against the charge that it cannot explain why contextually specific principles are all principles of justice, the charge that it can offer no practical guidance when principles conflict, and the charge that it inevitably collapses into a form of conventionalism. Key Words: justice • universalism • contextualism • conventionalism • Rawls • Walzer. (shrink)

Whilst legitimacy is often thought to concern the processes through which coercive decisions are made in society, justice has been standardly viewed as a ‘substantial’ matter concerning the moral justification of the terms of social cooperation. Accordingly, theorization about procedures may seem appropriate for the former but not for the latter. To defend proceduralism as a relevant approach to justice, I distinguish three questions: (1) Who is entitled to exercise coercive power? (2) On what terms should the participants to a (...) scheme of cooperation interact? (3) How should the costs and benefits produced by cooperation be distributed? Legitimacy concerns (1), whereas justice applies to (2) and (3). Although the appropriateness of proceduralism is debatable in relation to (3), it seems well equipped to address the justice-related question in (2). And it does so by focusing on the inherent moral acceptability of the way in which persons are treated by the procedures through which they interact. (shrink)

Jeremy Waldron is one of the world's leading legal and political philosophers. This collection brings together thirteen of his most recent essays which, in the course of working the book up for publication, the author has revisited and thoroughly revised. He addresses central issues within the liberal tradition, focusing on the law and its role in a pluralistic state which experiences deep disagreements about values and rights, and about the role of the state itself.

In this book, Stuart Hampshire argues that no individual and no modern society can avoid conflicts between incompatible moral interests.