(This insularity was further promoted by the guileless duplicity of scholars in other fields, who were all too prepared to bequeath "the problem of ...

Though the Revised Edition of A Theory of Justice, published in 1999, is the definitive statement of Rawlsıs view, so much of the extensive literature on ...

The Concept of Law is the most important and original work of legal philosophy written this century. First published in 1961, it is considered the masterpiece of H.L.A. Hart's enormous contribution to the study of jurisprudence and legal philosophy. Its elegant language and balanced arguments have sparked wide debate and unprecedented growth in the quantity and quality of scholarship in this area--much of it devoted to attacking or defending Hart's theories. Principal among Hart's critics is renowned lawyer and political philosopher (...) Ronald Dworkin who in the 1970s and 80s mounted a series of challenges to Hart's Concept of Law. It seemed that Hart let these challenges go unanswered until, after his death in 1992, his answer to Dworkin's criticism was discovered among his papers. In this valuable and long-awaited new edition Hart presents an Epilogue in which he answers Dworkin and some of his other most influential critics including Fuller and Finnis. Written with the same clarity and candor for which the first edition is famous, the Epilogue offers a sharper interpretation of Hart's own views, rebuffs the arguments of critics like Dworkin, and powerfully asserts that they have based their criticisms on a faulty understanding of Hart's work. Hart demonstrates that Dworkin's views are in fact strikingly similar to his own. In a final analysis, Hart's response leaves Dworkin's criticisms considerably weakened and his positions largely in question. Containing Hart's final and powerful response to Dworkin in addition to the revised text of the original Concept of Law, this thought-provoking and persuasively argued volume is essential reading for lawyers and philosophers throughout the world. (shrink)

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)

Offers a compelling vision of how to achieve and conduct a liberal but democratic society through the ideal of Neutrality--between people and ideas of the good--and using the tool of Neutral dialogue.

On Human Conduct is composed of three connected essays. Each has its own concern: the first with theoretical understanding, and with human conduct in general; the second with an ideal mode of human relationship which the author has called civil association; and the third with that ambiguous, historic association commonly called a modern European state. Running through the work is Professor Oakshott's belief in philosophical reflection as an adventure: the adventure of one who seeks to understand in other terms what (...) he already understands, and where the understanding is sought is a disclosure of the conditions of the understanding enjoyed and not a substitute for it. Its most appropriate expression is an essay, which, he writes, 'does not dissemble the conditionality of the conclusions it throws up and although it may enlighten it does not instruct.'. (shrink)

INTRODUCTION The editors of this volume - Jarvie and D'Agostino - encountered John Watkins at such different times in his career that they have never ...

It has frequently been suggested that Rawls’s characteristic method of justification, a method crucially involving the notion of reflective equilibrium, is in some sense relativistic in its implications. No sustained development of this suggestion has been undertaken by those who advance it; likewise, no sustained attempt to refute this suggestion has been made by those who are otherwise sympathetic to Rawls’s account of justification. I here attempt to fill these gaps in the already extensive literature associated with the method of (...) reflective equilibrium. At below, I review claims that Rawls’s method has relativistic implications. I also attempt, for purposes of argument, to buttress these claims by citing remarks of Rawls which could be interpreted as relativistic in character. At below, I consider problems of political reasoning as these arise in societies which are ill- and well-ordered in Rawls’s sense. At below, I consider problems of political reasoning as these arise between the members of two or more well-ordered societies, each of which is regulated by a different conception of justice. I also there adapt Williams’s distinction between notional and real confrontations between incompatible systems of beliefs in order to distinguish two kinds of conflict with respect to fundamental political principles. Finally, I show how a notion of broad reflective equilibrium can be deployed in order to solve those problems of political adjudication which may arise between the members of societies which have distinct conceptions of justice. At this point it should be clear that Rawls’s method of justification is not, in intention at least, relativistic in its implications. (shrink)