Though the revised edition of A Theory of Justice, published in 1999, is the definitive statement of Rawls's view, so much of the extensive literature on Rawls's theory refers to the first edition.

This article argues that Rawlsian liberal political institutions are incapable of ensuring that the basic welfare needs of the worst off are met. This argument consists of two steps. First, I show that institutions are incapable of ensuring that the basic needs of the worst off are met without pursuing certain non-taxation-based courses of action that are designed to alter the work choices of citizens. Second, I argue that such actions are not permissible for Rawlsian institutions. It follows that a (...) state governed by a Rawls-type political conception of justice is parasitic on the willingness of citizens to be sufficiently motivated by concern for the worst off, but it cannot require or even encourage them to be so motivated. (shrink)

In this stimulating work of political philosophy, acclaimed philosopher G. A. Cohen sets out to rescue the egalitarian thesis that in a society in which distributive justice prevails, peopleâes material prospects are roughly equal. Arguing against the Rawlsian version of a just society, Cohen demonstrates that distributive justice does not tolerate deep inequality. In the course of providing a deep and sophisticated critique of Rawlsâes theory of justice, Cohen demonstrates that questions of distributive justice arise not only for the state (...) but also for people in their daily lives. The right rules for the macro scale of public institutions and policies also apply, with suitable adjustments, to the micro level of individual decision-making. Cohen also charges Rawlsâes constructivism with systematically conflating the concept of justice with other concepts. Within the Rawlsian architectonic, justice is not distinguished either from other values or from optimal rules of social regulation. The elimination of those conflations brings justice closer to equality. (shrink)

Moral and political forms of constructivism accord to people strong, “constitutive” forms of discursive standing and so build on, or express, a commitment to discursive respect. The paper explores dimensions of discursive respect, i.e., depth, scope, and purchase; it addresses tenuous interdependencies between them; on this basis, it identifies limitations of the idea of discursive respect and of constructivism. The task of locating discursive respect in the normative space defined by its three dimensions is partly, and importantly, an ethical task (...) that is beyond constructivism. Interdependencies between these dimensions call into question the possibility of a plausible and coherent form of discursive respect that is deep, inclusive in scope, and rich in purchase. This does not mean that we should reject discursive respect, or constructivism, for that matter. But it suggests that the task of reconciling the dimensions of discursive respect may not allow for widely shareable results. This task needs to be addressed on non-constructivist grounds. Accordingly, we have reasons to concede that constitutive forms of discursive standing are less fundamental in the order of justification than weaker, “derivative” forms, and this is so especially if we take constitutive standing to mark an important good. (shrink)

This essay disputes G. A. Cohen's claim that John Rawls's argument for the difference principle involves an argument from moral arbitrariness to equality and then an illicit move away from equality. Moreover, the claim that an argument from moral arbitrariness establishes equality as the essential distributive justice ideal is found wanting.

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An important objection to political liberalism is that it provides no means by which to decide conflicts between public and non-public reasons. This article develops John Rawls' idea of `reasoning from conjecture' as one way to argue for a commitment to public reason. Reasoning from conjecture is a form of non-public justification that allows political liberals to reason from within the comprehensive views of at least some unreasonable citizens. After laying out the basic features of this form of non-public justification, (...) this article responds to three objections based on concerns about insincerity, cultural imperialism, and the epistemic authority of those who reason from conjecture. (shrink)

A common objection to the idea of public reason is that it cannot resolve fundamental political issues because it excludes too many moral considerations from the political domain. Following an important but often overlooked distinction drawn by Gerald Gaus, there are two ways to understand this objection. First, public reason is often said to be inconclusive because it fails to generate agreement on fundamental political issues. Second, and more radically, some critics have claimed that public reason is indeterminate because it (...) cannot provide any citizen with sufficient reason(s) for making important political decisions. Against the first of these objections, I argue that the purpose of public reason is not to end reasonable disagreement. Rather, it is to provide a suitable framework of values and principles within which citizens may resolve their moral and political differences. Against the second objection, I argue, first, that the indeterminacy of public reason is much less common than its inconclusiveness; and, second, that there are second-order decision-making strategies that may enable citizens to cope with cases of indeterminacy. The incompleteness of public reason, whether it takes the form of inconclusiveness or indeterminacy, is not a reason for citizens to abandon their commitment to public justification. (shrink)

This essay reviews G.A. Cohen’s final major work, Rescuing Justice and Equality. In the book, Cohen challenges the Rawlsian account of the content and the concept of justice. This essay offers a summary of Cohen’s main arguments, and develops objections to several of those arguments, particularly Cohen’s claim that his proposed egalitarian ethos is not vulnerable to a well-known trilemma (liberty, equality, efficiency) that might be pressed against it. The essay’s final section offers critical reflections on the important differences between (...) Cohen’s and Rawls’s views about the nature of justice, and suggests that Cohen’s view may not be helpful if we believe justice is a complex value that includes considerations other than distributive equality. (shrink)

Deliberative democratic theorists typically use accounts of public reason— that is, constraints on the types of reasons one can invoke in public, political discourse—as a tool to resist political exclusion; at its most basic level, the aim of a theory of public reason is to prevent situations in which powerful majority groups are able to justify policy choices based on reasons that are not even assessable by minority groups. However, I demonstrate here that a type of exclusion I call "conceptual (...) exclusion" complicates this picture. I argue that the possibility of conceptual exclusion creates the potential for public reason constraints to further exclude already marginalized groups— contrary to the standard view—and thus that taking conceptual exclusion seriously requires both a revision of traditional accounts of public reason and a reconceptualization of our civic obligations. (shrink)

The idea of public reason is central to political liberalism's aim to provide an account of the possibility of a just and stable democratic society comprised of free and equal citizens who nonetheless are deeply divided over fundamental values. This commitment to the idea of public reason reflects the normative core of political liberalism which is rooted in the principle of democratic legitimacy and the idea of reciprocity among citizens. Yet both critics and defenders of political liberalism disagree over whether (...) or not the idea of public reason permits citizens to appeal to their comprehensive conceptions of the good in public deliberation over matters of basic justice. Our aim in this paper is to provide a defense of an exclusive idea of public reason, and at the same time we aim to dispel the underlying concerns of two prominent criticisms of the idea of public reason—the concern of alienation from the political process, as expressed by religiously oriented critics, and the concern over women's equality, as expressed by feminist critics. We argue that inclusive accounts of the idea of public reason are not consistent with political liberalism's core commitments. Further, we claim, inclusive accounts of the idea of public reason deepen feminist concerns. We think that, properly understood, an exclusive account of the idea of public reason can address feminist concerns about political liberalism and avoid alienating (reasonable) religious persons in an unacceptable way. Thus, we conclude that an exclusive account of the idea of public reason is our best hope for reconciliation. (shrink)