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)

This article provides a conceptual map of the debate on ideal and non‐ideal theory. It argues that this debate encompasses a number of different questions, which have not been kept sufficiently separate in the literature. In particular, the article distinguishes between the following three interpretations of the ‘ideal vs. non‐ideal theory’ contrast: (i) full compliance vs. partial compliance theory; (ii) utopian vs. realistic theory; (iii) end‐state vs. transitional theory. The article advances critical reflections on each of these sub‐debates, and highlights (...) areas for future research in the field. (shrink)

In his provocative new book, The Tyranny of the Ideal, Gerald Gaus lays out a vision for how we should theorize about justice in a diverse society. Gaus shows how free and equal people, faced with intractable struggles and irreconcilable conflicts, might share a common moral life shaped by a just framework. He argues that if we are to take diversity seriously and if moral inquiry is sincere about shaping the world, then the pursuit of idealized and perfect theories of (...) justice--essentially, the entire production of theories of justice that has dominated political philosophy for the past forty years--needs to change. Drawing on recent work in social science and philosophy, Gaus points to an important paradox: only those in a heterogeneous society--with its various religious, moral, and political perspectives--have a reasonable hope of understanding what an ideally just society would be like. However, due to its very nature, this world could never be collectively devoted to any single ideal. Gaus defends the moral constitution of this pluralistic, open society, where the very clash and disagreement of ideals spurs all to better understand what their personal ideals of justice happen to be. Presenting an original framework for how we should think about morality, The Tyranny of the Ideal rigorously analyzes a theory of ideal justice more suitable for contemporary times. (shrink)

A leading political theorist’s groundbreaking defense of ideal conceptions of justice in political philosophy Throughout the history of political philosophy and politics, there has been continual debate about the roles of idealism versus realism. For contemporary political philosophy, this debate manifests in notions of ideal theory versus nonideal theory. Nonideal thinkers shift their focus from theorizing about full social justice, asking instead which feasible institutional and political changes would make a society more just. Ideal thinkers, on the other hand, question (...) whether full justice is a standard that any society is likely ever to satisfy. And, if social justice is unrealistic, are attempts to understand it without value or importance, and merely utopian? Utopophobia argues against thinking that justice must be realistic, or that understanding justice is only valuable if it can be realized. David Estlund does not offer a particular theory of justice, nor does he assert that justice is indeed unrealizable—only that it could be, and this possibility upsets common ways of proceeding in political thought. Estlund engages critically with important strands in traditional and contemporary political philosophy that assume a sound theory of justice has the overriding, defining task of contributing practical guidance toward greater social justice. Along the way, he counters several tempting perspectives, including the view that inquiry in political philosophy could have significant value only as a guide to practical political action, and that understanding true justice would necessarily have practical value, at least as an ideal arrangement to be approximated. Demonstrating that unrealistic standards of justice can be both sound and valuable to understand, Utopophobia stands as a trenchant defense of ideal theory in political philosophy. (shrink)

Institutions are norm-governed social practices, or so I propose. But what does it mean for a norm to govern a social practice? Theories that analyze institutions as equilibria equate norms with sanctions and model them as costs. The idea is that the sanctions change preferences and thereby behavior. This view fails to capture the fact that people are often motivated by social norms as such, when they regard them as legitimate. I argue that, in order for a social norm to (...) be perceived as legitimate, agents have to acknowledge reasons for conforming to it other than the sanctions they might incur for violating it. In light of this, I defend a theory of institutions that does not only invoke equilibria, but also normative rules that are supported by normative expectations and, in some cases, normative beliefs. (shrink)

In Why Not Socialism?, GA Cohen defines socialism as the combined application of two moral principles: the egalitarian principle and the principle of community. The desirability of a social order organized around these two principles is illustrated by the ‘camping trip’ example. After describing the fundamental features of the camping trip scenario at reasonable length, Cohen argues that the desirability of such a social model is nearly self-explanatory, concluding therefore that the most significant challenges to socialism lie in its feasibility. (...) This article argues that the desirability of the camping trip model as an appropriate ideal for society is less obvious than Cohen acknowledges. To argue my point, I shall compare the camping trip with another social practice that is equally small sized and characterized by strong emotional ties among its members, but in which the conditions of what I shall call ‘goal-monism’ and discontinuity in time do not hold, namely, the family. (shrink)

This article explores the claim that law is characteristically in search of the past. We argue that the structure of memory defines our relationship with the past and this relationship, in turn, has important implications for the nature of law. The article begins by examining the structure of memory, drawing particularly on the work of Henri Bergson. It then draws out the implications of Bergson’s theory for the interplay of past and present, highlighting the challenges this poses for law’s project (...) of retrieval. Law, as an artifact, seeks its origins in human action, but this often yields a static view of legal discourse as the retrieval of pivotal moments. Bergson, by contrast, shows us that past and present influence each other dynamically, giving rise to an integrated whole. The article concludes by exploring the potential for law to transcend the structure of memory. We argue that even beyond the limits of memory legal reasoning encounters a kind of residue left by the ethical foundations of law. Law searches vainly for the past, but what it finds is itself. (shrink)