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.

This paper offers a critique of Martha Nussbaum’s description of the capability approach, and offers an alternative. I will argue that Nussbaum’s characterization of the capability approach is flawed, in two ways. First, she unduly limits the capability to two strands of work, thereby ignoring important other capabilitarian scholarship. Second, she argues that there are five essential elements that all capability theories meet; yet upon closer analysis three of them are not really essential to the capability approach. I also offer (...) an alternative description of the capability approach, which is called the cartwheel view of the capability approach. This view is at the same time radically multidisciplinary yet also contains a foundationally robust core among its various usages, and is therefore much better able to make the case that the capability approach can be developed in a very wide range of more specific normative theories. Finally, the cartwheel view is used to argue against Nussbaum's claim that all capabilitarian political theory needs to be politically liberal. (shrink)

Many people, including many contemporary philosophers, believe that the state has no business trying to improve people's characters, elevating their tastes, or preventing them from living degraded lives. They believe that governments should remain absolutely neutral when it comes to the consideration of competing conceptions of the good. One fundamental aim of George Sher's book is to show that this view is indefensible. A second complementary aim is to articulate a conception of the good that is worthy of promotion by (...) the state. The first part of the book analyses attempts to ground the neutrality thesis in the value of autonomy, respect for autonomy, the dangers of a non-neutral state, and scepticism about the good. The second part defends an objective conception of the good which remains sensitive to some of the considerations that make subjectivism attractive. (shrink)

The unconscionability doctrine in contract law enables a court to decline to enforce a contract whose terms are seriously one-sided, exploitative, or otherwise manifestly unfair. It is often criticized for being paternalist. The essay argues that the characterization of unconscionability doctrine as paternalist reflects common but misleading thought about paternalism and obscures more important issues about autonomy and social connection. The defense responds to another criticism: that unconscionability doctrine is an inappropriate, because economically inefficient, egalitarian tool. The final part discusses (...) more interesting but neglected questions about the scope of accommodation necessary to support fully meaningful autonomous activity. (shrink)

How far should we go in protecting and promoting public health? Can we force people to give up unhealthy habits and make healthier choices, or does everyone have the right to decide their own lifestyle? Should we stop treating smokers who refuse to give up smoking? Should we put a tax on fatty foods and ban vending machines in schools to address the obesity epidemic? Should parents be required to have their children vaccinated? Are some of our screening programmes unethical (...) Downs syndrome screening, for example or should we be screening people for more conditions, such as Huntington disease? Such questions are at the heart of public health ethics. Holland shows that to understand and debate these issues requires philosophy: moral philosophies, such as utilitarianism and deontology, as well as political philosophies such as liberalism and communitarianism. And philosophy informs other aspects of public health, such as epidemiology and health promotion. The aim of this book is to provide a lively, accessible and philosophically informed introduction to such issues. It is an ideal textbook for students taking courses in public health ethics. And since this book develops systematic discussions of issues in public health ethics, there is also much here to engage and challenge the more advanced reader. (shrink)

Amartya Sen has made a major contribution to the theory of social justice, and of gender justice, by arguing that capabilities are the relevant space of comparison when justice-related issues are considered. This article supports Sen's idea, arguing that capabilities supply guidance superior to that of utility and resources (the view's familiar opponents), but also to that of the social contract tradition, and at least some accounts of human rights. But I argue that capabilities can help us to construct a (...) normative conception of social justice, with critical potential for gender issues, only if we specify a definite set of capabilities as the most important ones to protect. Sen's "perspective of freedom" is too vague. Some freedoms limit others; some freedoms are important, some trivial, some good, and some positively bad. Before the approach can offer a valuable normative gender perspective, we must make commitments about substance. (shrink)

A number of philosophers working in applied ethics and bioethics are now earnestly debating the ethics of what they term “moral bioenhancement.” I argue that the society-wide program of biological manipulations required to achieve the purported goals of moral bioenhancement would necessarily implicate the state in a controversial moral perfectionism. Moreover, the prospect of being able to reliably identify some people as, by biological constitution, significantly and consistently more moral than others would seem to pose a profound challenge to egalitarian (...) social and political ideals. Even if moral bioenhancement should ultimately prove to be impossible, there is a chance that a bogus science of bioenhancement would lead to arbitrary inequalities in access to political power or facilitate the unjust rule of authoritarians; in the meantime, the debate about the ethics of moral bioenhancement risks reinvigorating dangerous ideas about the extent of natural inequality in the possession of the moral faculties. (shrink)

This chapter contains sections titled: The Perfectionist Idea Pluralism and Skepticism The Challenge of Justificatory Liberalism Justification, Power, and Restraint Conclusion Notes.

In this article, we address the relevance of J.S. Mill’s political philosophy for a framework of public health ethics. In contrast to some readings of Mill, we reject the view that in the formulation of public policies liberties of all kinds enjoy an equal presumption in their favor. We argue that Mill also rejects this view and discuss the distinction that Mill makes between three kinds of liberty interests: interests that are immune from state interference; interests that enjoy a presumption (...) in favor of liberty; and interests that enjoy no such presumption. We argue that what is of focal importance for Mill in protecting liberty is captured by the essential role that the value of self-determination plays in human well-being. Finally, we make the case for the plausibility of a more complex and nuanced Millian framework for public health ethics that would modify how the balancing of some liberty and public health interests should proceed by taking the thumb off the liberty end of the scale. Mill’s arguments and the legacy of liberalism support certain forms of state interference with marketplace liberties for the sake of public health objectives without any presumption in favor of liberty. (shrink)

Liberalism without Perfection offers an introduction to the debate between liberal perfectionism and political liberalism. This book is a new account and defence of Rawlsian political liberalism, one of the most discussed, but widely misunderstood and criticized theories in contemporary political theory.

Perfectionism is one of the leading moral views of the Western tradition, defended by Plato, Aristotle, Aquinas, Leibniz, Hegel, Marx, Nietzsche, and Green. Defined broadly, it holds that what is right is whatever most promotes certain objective human goods such as knowledge, achievement, and deep personal relations. Defined more narrowly, it identifies these goods by reference to human nature, so the human good consistsin developing the properties fundamental to human beings. If it is fundamental to humans to be rational (Aristotle), (...) to labor (Marx), or to exercise power (Nietzsche), developing these traits is best. This book tries to formulate the most defensible version of perfectionism using contemporary analytic techniques. It first examines narrow perfectionism, asking what kind of properties human nature consists in (distinctive? essential?); how these properties are identified; and what they are. It then explores issues relevant to both broad and narrow perfectionism, including whether each person should pursue just his own perfection or everyone's; how perfectionist goods are compared and aggregated; and in what particular times they are. On the last topic it develops an “Aristotelian” theory of the value of theoretical and practical rationality, as embodied in beliefs and ends with specified formal properties. The book closes by examining perfectionism's implications for political questions about liberty and equality. (shrink)

This book originated as lectures for a course on political philosophy that Rawls taught regularly at Harvard in the 1980s.

The article propounds a justification of public health interventionism grounded on personal health as an intermediate human end in the ethical domain, on an interpretation of Aristotle. This goes beyond the position taken by some liberals that health should be understood as a prudential good alone. A second, but independent, argument is advanced in the domain of the political, namely, that population health can be justified as a political value in its own right as a primary social good, following an (...) interpretation of John Rawls’s evolved understanding of such goods in his later works. The article sets the scene for these positions by highlighting how liberal theories focusing on freedom as non-interference, or making the harm principle the basis of legitimate public health interventions, undercut the capacity of the state to actively promote population health. The article points to theoretical resources on legitimacy and liberty—the ‘salient coordinator account’ of authority and freedom as non-domination—that may help avoid this risk. The role of reflective equilibrium incorporating incompletely theorized mid-level principles is emphasized to ensure that interventions are soundly justified. The application of these principles would ensure that interventions do not exceed the proper moral/political boundaries limiting the role of government. (shrink)

Are liberalism and perfectionism compatible? In this study Steven Wall presents and defends a perfectionist account of political morality that takes issue with many currently fashionable liberal ideas but retains the strong liberal commitment to the ideal of personal autonomy. He begins by critically discussing the most influential version of anti-perfectionist liberalism, examining the main arguments that have been offered in its defence. He then clarifies the ideal of personal autonomy, presents an account of its value and shows that a (...) strong commitment to personal autonomy is fully compatible with an endorsement of perfectionist political action designed to promote valuable pursuits and discourage base ones. (shrink)

Larmore aims to recover three forms of moral complexity that have often been neglected by moral and political philosophers. First, he argues that virtue is not simply the conscientious adherence to principle. Rather, the exercise of virtue apply. He argues - and this is the second pattern of complexity - that recognizing the value of constitutive ties with shared forms of life does not undermine the liberal ideal of political neutrality toward differing ideals of the good life. Finally Larmore agrues (...) for what he calls the heterogeneity of morality. Moral thinking need not be exclusively deontological or consequentialist, and we should recognize that the ultimate sources of moral value are diverse. The arguments presented here do not attack the possibility of moral theory. But in addressing some of the central issues of moral and political thinking today thay attempt to restore to that thinking greater flexibility and a necessary sensitivity to our common experience. (shrink)

Editors provide a substantive introduction to the history and theories of perfectionism and neutrality, expertly contextualizing the essays and making the collection accessible.

This chapter contains sections titled: The Concept of Neutrality Liberal Moral Neutrality Liberal Political Neutrality The Implications of Liberal Political Neutrality Notes.

The term “value theory” is used in at least three different ways in philosophy. In its broadest sense, “value theory” is a catch-all label used to encompass all branches of moral philosophy, social and political philosophy, aesthetics, and sometimes feminist philosophy and the philosophy of religion — whatever areas of philosophy are deemed to encompass some “evaluative” aspect. In its narrowest sense, “value theory” is used for a relatively narrow area of normative ethical theory of particular concern to consequentialists. In (...) this narrow sense, “value theory” is roughly synonymous with “axiology”. Axiology can be thought of as primarily concerned with classifying what things are good, and how good they are. For instance, a traditional question of axiology concerns whether the objects of value are subjective psychological states, or objective states of the world. (shrink)

What is the best standard of interpersonal comparison for a broadly egalitarian theory of social justice?1 A broadly egalitarian theory is one that holds that justice requires that institutions and individual actions should be arranged to improve, to some degree, the quality of life of those who are worse off than others, or very badly off, or both.2 I shall add the specification that to qualify as broadly egalitarian, the theory must in some circumstances require action to aid the worse (...) off or very badly off even when such action would not maximize the aggregate sum of utility, welfare, or well-being. Any such view needs a standard of interpersonal comparison that allows us to distinguish better off from worse off persons. Recently two types of standard have attracted adherents. One is the resource-oriented approach developed by John Rawls and others, and the other is the capability approach associated with the work of Amartya Sen and Martha Nussbaum.3 Rawls has affirmed that the proper measure is an index of primary social goods, flexible, multi-purpose resources such that any rational person wants more rather than fewer of them. (shrink)

Philosophers perennially debate the nature of the good for humans. Is it subjective or objective? That is to say, do the things that are intrinsically good for an agent, good for their own sakes and apart from further consequences, acquire this status only in virtue of how she happens to regard them? Or are there things that are good in themselves for an individual independently of her desires and attitudes toward them? The issue sounds recondite, but has been thought to (...) be pregnant with implications for politics as it ought to be. Plato vigorously insists that knowledge of the good is precious and the person who has it is uniquely fit to rule: "In the world of knowledge, the last thing to be perceived and only with great difficulty is the essential Form of Goodness. Once it is perceived, the conclusion must follow that, for all things, this is the cause of whatever is right and good; in the visible world it gives birth to the light and to the lord of light, while it is itself sovereign in the intelligible world and the parent of wisdom and truth. Without having had a vision of this Form no one can act with wisdom, either in his own life or in matters of state.". (shrink)

In recent work, Martha Nussbaum has exposed an important ambiguity in the standard conception of political liberalism. The ambiguity centers on the notion of “reasonableness” as it applies to comprehensive doctrines and to persons. As Nussbaum observes, the notion of reasonableness in political liberalism can be construed in a purely ethical sense or in a sense that combines ethical and epistemic elements. The ambiguity bears crucially on the respect for persons norm—a key norm that helps to distinguish political from perfectionist (...) versions of liberalism. Nussbaum contends that when political liberals affirm a construal of reasonableness that includes epistemic elements they run into trouble in formulating an account of their view that sharply distinguishes it from perfectionist liberalism. She contends further that perfectionist versions of liberalism should be rejected since they fail to offer an account of respect for persons. This paper responds to Nussbaum’s challenge. It argues that an adequate account of respect for persons must make reference to epistemic elements. This being the case not only explains why political liberals were correct to incorporate epistemic elements into their accounts of reasonableness but also why it is a mistake to think that perfectionist liberals themselves cannot present an appealing account of respect for persons. Nussbaum’s challenge merits careful study since it both sheds light on the nature of political liberalism and highlights an important faultline in its structure. (shrink)

Public health ethics, like the field of public health it addresses, traditionally has focused more on practice and particular cases than on theory, with the result that some concepts, methods, and boundaries remain largely undefined. This paper attempts to provide a rough conceptual map of the terrain of public health ethics. We begin by briefly defining public health and identifying general features of the field that are particularly relevant for a discussion of public health ethics.Public health is primarily concerned with (...) the health of the entire population, rather than the health of individuals. Its features include an emphasis on the promotion of health and the prevention of disease and disability; the collection and use of epidemiological data, population surveillance, and other forms of empirical quantitative assessment; a recognition of the multidimensional nature of the determinants of health; and a focus on the complex interactions of many factors—biological, behavioral, social, and environmental—in developing effective interventions. (shrink)

This encyclopedia entry provides an overview of the field of public health ethics. It focuses on what distinguishes public health ethics from other nearby subfields—especially biomedical ethics. It also frames the problems of public health ethics in terms of the concepts of justice and political legitimacy.

Collected here in a single volume for the first time, On Liberty, Utilitarianism, Considerations on Representative Government, and The Subjection of Women show Mill applying his liberal utilitarian philosophy to a range of issues that remain vital today - issues of the nature of ethics, the scope and limits of individual liberty, the merits of and costs of democratic government, and the place of women in society. In his Introduction John Gray describes these essays as applications of Mill's doctrine of (...) the Art of Life, as set out in A System of Logic. Using the resources of recent revisionist scholarship, he shows Mill's work to be far richer and subtler than traditional interpretations allow. (shrink)

ABSTRACT Ought we to improve our cognitive capacities beyond the normal human range? It might be a good idea to level out differences between peoples cognitive capacities; and some people's reaching beyond normal capacities may have some good side‐effects on society at large (but also bad side‐effects, of course). But is there any direct gain to be made from having ones cognitive capacities enhanced? Would this as such make our lives go better? No, I argue; or at least there doesn't (...) seem to be any evidence suggesting that it would. And it doesn't matter whether we consider the question from a narrow hedonistic perspective, from a more refined hedonistic perspective, from a desire‐satisfaction view, or from some reasonable objective list view of what makes a life go well. Only an extremely perfectionist – and implausible – view of what makes our lives go well could support any direct value in cognitive enhancement. Finally, our sense of identity gives us no good reasons to enhance even our capacity to remember. So, cognitive enhancement as such would not improve our lives. (shrink)

Compared to other debates in contemporary political philosophy, the light-to-heat ratio of discussions of neutrality has been somewhat dismal. Although most political philosophers seem to know whether they are for it or against it, there is considerable confusion about what “it” is. To be sure, some of this ambiguity has been noted, and at least partially dealt with, in the literature. Neutrality understood as a constraint on the sorts of reasons that may be advanced to justify state action is regularly (...) distinguished from “consequential neutrality”—that the effects of state policy must somehow be neutral.1 Yet interpretations of neutrality are far more diverse than most analyses recognize.2 Neutrality is sometimes understood as a doctrine about: the intent or aim of legislation or legislators,3 the proper functions of the state,4 the prohibition of the state “taking a stand” on some issues,5 the prohibition of the state enforcing moral character,6 or the requirement that the state take a stance of impartiality.7 Alternatively, neutrality can be understood as a requirement of a theory justice rather than state action.8 There are also differences about whether neutral states (or theories.. (shrink)

This book continues and revises the ideas of justice as fairness that John Rawls presented in A Theory of Justice but changes its philosophical interpretation in a fundamental way. That previous work assumed what Rawls calls a "well-ordered society," one that is stable and relatively homogenous in its basic moral beliefs and in which there is broad agreement about what constitutes the good life. Yet in modern democratic society a plurality of incompatible and irreconcilable doctrines -- religious, philosophical, and moral (...) -- coexist within the framework of democratic institutions. Recognizing this as a permanent condition of democracy, Rawls asks how a stable and just society of free and equal citizens can live in concord when divided by reasonable but incompatible doctrines? This edition includes the essay "The Idea of Public Reason Revisited," which outlines Rawls' plans to revise Political Liberalism, which were cut short by his death. "An extraordinary well-reasoned commentary on A Theory of Justice...a decisive turn towards political philosophy." -- Times Literary Supplement. (shrink)