This article examines the methodology of a core branch of contemporary political theory or philosophy: “analytic” political theory. After distinguishing political theory from related fields, such as political science, moral philosophy, and legal theory, the article discusses the analysis of political concepts. It then turns to the notions of principles and theories, as distinct from concepts, and reviews the methods of assessing such principles and theories, for the purpose of justifying or criticizing them. Finally, it looks at a recent debate (...) on how abstract and idealized political theory should be, and assesses the significance of disagreement in political theory. The discussion is carried out from an angle inspired by the philosophy of science. (shrink)

In what sense are persons equal, such that it is appropriate to treat them as equals? This difficult question has been strangely neglected by political philosophers. A plausible answer can be found by adopting a particular interpretation of the idea of respect. Central to this interpretation is the thought that in order to respect persons we need to treat them as ‘opaque', paying attention only to their outward features as agents. This proposed basis of equality has important implications for the (...) currency of egalitarian justice, ruling out a number of the equalizanda favored by contemporary egalitarians. (shrink)

This article argues that, suitably modified, the method of reflective equilibrium is a plausible way of selecting moral principles. The appropriate conception of the method is wide and radical, admitting consideration of a full range of moral principles and arguments, and requiring the enquiring individual to consider others' views and undergo experiences that may offset any formative biases. The individual is not bound by his initial considered judgments, and may revise his view in any way whatsoever. It is appropriate to (...) describe the method as a balance between coherentism and fallibilist foundationalism. With these points in mind, various criticisms, including the claims that considered judgments are not initially credible and are shaped by prejudice, and that the method itself fails to determine principle selection, are challenged. (shrink)

Previous edition, 1st, published in 1971.

Although Burke, Bentham, Hegel and Marx do not often agree, all criticized certain ethical theories, in particular theories of rights, for being too abstract. The complaint is still popular. It was common in Existentialist and in Wittgensteinian writing that stressed the importance of cases and examples rather than principles for the moral life; it has been prominent in recent Hegelian and Aristotelian flavoured writing, which stresses the importance of the virtues; it is reiterated in discussions that stress the distinctiveness and (...) particularity of moral vicissitudes and query the importance of ethical theory. Recent critics of abstraction are opposed not only to theories of rights, and the Kantian notions with which these are linked, but also to consequentialist ethical theories. The two ethical theories that are most influential in the English-speaking world now both stand accused of being too abstract. (shrink)

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 reissue makes the first edition once again available for scholars and serious students of Rawls's work.

Expectations play an important role in how people plan their lives and pursue their projects. People living in highly industrialized countries share a way of life that comes with high levels of emissions. Their expectations to be able to continue their projects imply their holding expectations to similarly high future levels of personal emissions. We argue that the frustration or undermining of these expectations would cause them significant harm. Further, the article investigates under what conditions people can be thought to (...) hold legitimate expectations, in particular about permissible levels of future emissions. We distinguish differing theories of understanding these conditions, namely authority-based and justice-based theories, that each allows us to systematically distinguish between legitimate and illegitimate expectations. Furthermore, with respect to individuals’ future permissible emissions we give several reasons for holding that such theories cannot identify a particular expectation to a specific level of personal emissions as the only legitimate one. Finally, we argue that the set of legitimate expectations that people hold with respect to a just and effective solution to climate change has normative significance in at least two ways: the differing but equally legitimate expectations ought to be taken into account when justifying what could count as such a solution and when determining the just way of arriving at and implementing such a solution. (shrink)

Political philosophers have recently begun to take seriously methodological questions concerning what a theoretical examination of political ideals is suppose to accomplish and how effective theorising in ideal theory is in securing those aims. Andrew Mason and G.A. Cohen, for example, believe that the fundamental principles of justice are logically independent of issues of feasibility and questions about human nature. Their position contrasts sharply with political theorists like John Dunn and Joseph Carens who believe that normative theorising must be integrated (...) with an appreciation of the empirical realities of one’s society. Rather than bracket questions of feasibility and human nature, empirically-oriented political theorists believe that real, non- ideal considerations must be taken seriously when deriving normative theories of justice.1 And some justice-theorists, most notably John Rawls, attempt to. (shrink)

Many people living in highly industrialised countries and elsewhere emit greenhouse gases at a certain high level as a by-product of their activities, and they expect to be able to continue to emit at that level. This level is far above the just per capita level. We investigate whether that expectation is legitimate and permissible. We argue that the expectation is epistemically legitimate. Given certain assumptions, we can also think of it as politically legitimate. Also, the expectation is shown to (...) be morally permissible but with major qualifications. The interpretation of the significance of the expectation is compatible with the understanding that historical emissions should count in terms of fairly distributing the benefits of emission-generating activities over people’s lifetimes but constrains the way in which we may collectively respond to climate change. (shrink)

The article responds to an overlooked objection put by Allen Buchanan to John Rawls’s theory of justice: that implementing the Difference Principle over time may require gross and frequent disruptions of people’s framing and execution of long-term plans. Having strengthened Buchanan’s objection to resolve significant weaknesses in his main counterexample, I argue that the best response to this objection draws on the concept of the rule of law, specifically, the legal doctrine of legitimate expectations, which can be found in English, (...) French, and European Union administrative law. I also explore the suitability of incorporating this doctrine into Justice as Fairness given its absence in United States constitutional and administrative law. Finally, I turn to consider the question of what the government owes to agents in whom legitimate expectations are induced and then frustrated. Here I introduce the Precept of Administrative Liability. (shrink)

That government agencies and public bodies can be liable for damages when they induce and then frustrate people’s legitimate expectations is an important and distinctive feature of administrative law in Europe. This article sets out to establish a set of moral principles and ideals that might justify this legal institution. The notion of security of expectations found in the work of utilitarian writers provides a starting point. Having examined the strengths and weaknesses of this approach, I then turn to consider (...) an alternative argument based on finding a solution to the problem of credible commitments. Finally, I look for suitable moral arguments in the liberal and Kantian political theorising of John Rawls. I argue that if we see the function of the rule of law as not merely to maximise aggregate utility and to make policymakers’ decisions seem credible but also to ensure Justice as Fairness for individuals, then this provides a more robust and satisfactory way to justify the liability of public bodies for legitimate expectations they induce and then frustrate. (shrink)