The JSTOR Archive is a trusted digital repository providing for long-term preservation and access to leading academic journals and scholarly literature from around the world. The Archive is supported by libraries, scholarly societies, publishers, and foundations. It is an initiative of JSTOR, a not-for-profit organization with a mission to help the scholarly community take advantage of advances in technology. For more information regarding JSTOR, please contact [email protected].

The JSTOR Archive is a trusted digital repository providing for long-term preservation and access to leading academic journals and scholarly literature from around the world. The Archive is supported by libraries, scholarly societies, publishers, and foundations. It is an initiative of JSTOR, a not-for-profit organization with a mission to help the scholarly community take advantage of advances in technology. For more information regarding JSTOR, please contact [email protected].

My purpose is to consider if, in political society, there can be any legitimate and sure principle of government, taking men as they are and laws as they might be. —Jean‐Jacques Rousseau, The Social Contract Following Rousseau's opening thought in The Social Contract…, I shall assume that his phrase “men as they are” refers to persons' moral and psychological natures and how that nature works within the framework of political and social institutions. —John Rawls, The Law of peoples.

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)

Winner of the 1975 National Book Award, this brilliant and widely acclaimed book is a powerful philosophical challenge to the most widely held political and social positions of our age--liberal, socialist, and conservative.

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 ...

Consisting of two essays, this work by a Harvard professor offers his thoughts on the idea of a social contract regulating people's behavior toward one another.

The paper suggests that the state is subject to assessment according to principles of social justice because state institutions or practices exercise forms of power over which no particular person has control. This rationale for assessment of social justice equally applies to legally optional or informal social practices. But it does not apply to individual conduct. Indeed, it follows that principles of social justice cannot provide a basis for the assessment and guidance of individual choice. The paper develops this practice-based (...) conception of the subject of justice by rejoining G. A. Cohen's influential critique of Rawls’ focus on the “basic structure” of society. (shrink)

G. A. Cohen argues that John Rawls’s focus on the basic structure of society as the exclusive subject of social justice is misguided. I argue that two understandings of the notion of basic structure seem to be present in the literature, either in implicit or in explicit terms. According to the first, the basic structure is to be equated with a given set of institutions: if they endorse the right principles of justice, the basic structure of society is just; According (...) to the second, a society has a just basic structure if and only if its institutional web manages to realize the relevant principles of justice as well it can. In, the institutional structure is not a given: different social circumstances call for different institutional solutions in order to achieve a just basic structure overall. The first part of the paper make a case for, and explores some of its normative implications. The second part asks which consequences this understanding may have for the idea of a global basic structure. (shrink)

G. A. Cohen argues that John Rawls’s focus on the basic structure of society as the exclusive subject of social justice is misguided. I argue that two understandings of the notion of basic structure seem to be present in the literature, either in implicit or in explicit terms. According to the first, the basic structure is to be equated with a given set of institutions: if they endorse the right principles of justice, the basic structure of society is just; According (...) to the second, a society has a just basic structure if and only if its institutional web manages to realize the relevant principles of justice as well it can. In, the institutional structure is not a given: different social circumstances call for different institutional solutions in order to achieve a just basic structure overall. The first part of the paper make a case for, and explores some of its normative implications. The second part asks which consequences this understanding may have for the idea of a global basic structure. (shrink)

G. A. Cohen argues that John Rawls’s focus on the basic structure of society as the exclusive subject of social justice is misguided. I argue that two understandings of the notion of basic structure seem to be present in the literature, either in implicit or in explicit terms. According to the first, the basic structure is to be equated with a given set of institutions: if they endorse the right principles of justice, the basic structure of society is just; According (...) to the second, a society has a just basic structure if and only if its institutional web manages to realize the relevant principles of justice as well it can. In, the institutional structure is not a given: different social circumstances call for different institutional solutions in order to achieve a just basic structure overall. The first part of the paper make a case for, and explores some of its normative implications. The second part asks which consequences this understanding may have for the idea of a global basic structure. (shrink)

With each of our three criminal-law topics—defining offenses, apprehending suspects, and establishing punishments—we feel, I believe, strong moral resistance to the idea that our practices should be settled by a prospective-participant perspective. This becomes quite clear when we look at how the “reforms” suggested by institutional viewing might combine once we consider all three topics together: imagine a more extensive and swifter use of the death penalty in homicide cases coupled with somewhat lower standards of evidence; or think of backing (...) a strict-liability criminal statute with the death penalty. Of course, such “reforms” would increase the execution of innocents; but, their proponents will tell us, any penal system involves the punishment of some innocents, and, if it provides for the death penalty, the execution of some innocents. Moreover, why is it worse for innocents to be punished than for innocents to suffer an equivalent harm in some other way? Formulated from a prospective-participant perspective: Why not run a small risk of being innocently executed in exchange for reducing, much more significantly, the risk of dying prematurely in other ways? (shrink)