John Tomasi's Free Market Fairness treats both traditions with depth, nuance, and unremitting fair-mindedness, and then points us toward a synthesis. Social democrats and libertarians equally need to read this book.

Role of the entrepreneur in a distinct role of profit.

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

Previous edition, 1st, published in 1971.

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.

Societies function on the basis of rules. These rules, rather like the rules of the road, coordinate the activities of individuals who have a variety of goals and purposes. Whether the rules work well or ill, and how they can be made to work better, is a matter of major concern. Appropriately interpreted, the working of social rules is also the central subject matter of modern political economy. This book is about rules - what they are, how they work, and (...) how they can be properly analysed. The authors' objective is to understand the workings of alternative political institutions so that choices among such institutions can be more fully informed. Thus, broadly defined, the methodology of constitutional political economy is the subject matter of The Reason of Rules. The authors have examined how rules for political order work, how such rules might be chosen, and how normative criteria for such choices might be established. (shrink)

In this innovative and important work, Gerald Gaus advances a revised and more realistic account of public reason liberalism, showing how, in the midst of fundamental disagreement about values and moral beliefs, we can achieve a moral and political order that treats all as free and equal moral persons. The first part of this work analyzes social morality as a system of authoritative moral rules. Drawing on an earlier generation of moral philosophers such as Kurt Baier and Peter Strawson as (...) well as current work in the social sciences, Gaus argues that our social morality is an evolved social fact, which is the necessary foundation of a mutually beneficial social order. The second part considers how this system of social moral authority can be justified to all moral persons. Drawing on the tools of game theory, social choice theory, experimental psychology and evolutionary theory, Gaus shows how a free society can secure a moral equilibrium that is endorsed by all, and how a just state respects, and develops, such an equilibrium. (shrink)

ABSTRACTClassical liberals and libertarians assign fundamental importance to economic liberties and champion bottom-up approaches to social welfare. They point to the significance, even superiority, of philanthropy in providing for society's most disadvantaged citizens, and they defend rights of inheritance and intergenerational transmission of wealth. So one might think that John Tomasi's “market democracy” would defend gift giving and philanthropy. But market democracy leaves far less room than might be thought for an enthusiastic defense of gift giving and philanthropy, and this (...) distances market democracy more than we might expect from the territory of classical liberalism and libertarianism. (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.

John Tomasi argues that aggressively pro-market, capitalist regimes can secure fair equality of opportunity—a level playing field—even as they honor people's thick economic liberties. The trick is to rely on markets to spread prosperity and high-quality healthcare and education to all. That done, each person will have fair opportunity. Or will she? In truth, Tomasi's “market-democratic” plan cannot bring genuinely fair opportunity to all, even at the level of ideal theory. Nor can it plausibly promise to increase the “quality” of (...) opportunity: the supply, that is, of intrinsically desirable work. (shrink)

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 ...

In this essay I discuss a powerful challenge to high-liberalism: the challenge presented by neoclassical liberals that the high-liberal assumptions and values imply that the full range of economic liberties are basic rights. If the claim is true, then the high-liberal road from ideals of democracy and democratic citizenship to left-liberal institutions is blocked. Indeed, in that case the high-liberal is committed to an institutional scheme more along the lines of laissez-faire capitalism than property-owning democracy. To present and discuss this (...) challenge, I let John Rawls represent the high-liberal argument that only a narrow range of economic liberties are basic rights and John Tomasi represent the neoclassical liberal argument that the full range of economic liberties are basic rights. I show that Rawls’s argument is inadequate, but also that Tomasi’s argument fails. I thus conclude that high-liberalism is in a precarious situation, but is not yet undone by the neoclassical liberal challenge. (shrink)

ABSTRACTJohn Tomasi's Free Market Fairness claims to provide a principled defense of classical-liberal institutions. Respect for the development of our moral powers or “self-authorship,” according to Tomasi, requires that we make certain economic liberties basic, including freedom of contract and the right to accumulate property. Yet Tomasi's principles and his institutions are at odds. Tomasi has provided ethical grounds for defending not classical-liberal but radical-democratic, even socialist, economic freedoms. This is most vivid in Tomasi's account of the “liberties of working.” (...) He argues that it is not just the choice of work but control of the workplace experience that is a vital part of our self-authorship. If this is true, Tomasi has not given a defense of a robust right to “freedom of contract,” but rather of those rights of control over work and property that leftists have long argued for. (shrink)

In Free Market Fairness, John Tomasi defends classical-liberal principles not because of real-world considerations but on ideal-theoretic grounds. However, what constitutes a sufficiently “ideal” ideal theory is debatable since, as Tomasi shows, regimes that range from laissez faire to heavily interventionist can all be classified as legitimate from the perspective of ideal theory. Conversely, if ideal theory can allow for realistic constraints, as Rawls does, then we should recognize that even under ideal-theoretic conditions, political actors face logistical, epistemic, and motivational (...) challenges that only intensify in the real world, where questions of feasibility become paramount. (shrink)

ABSTRACTTomasi's case for “market democracy” stands or falls, not on its credentials as a genuinely “liberal” argument—a consideration to which he attaches undue importance—but on the plausibility of his arguments about the value of “self-authorship.” Free Market Fairness fails to explain adequately why self-authorship, as Tomasi construes it, is as normatively significant as he thinks it is, and why, even if it has that normative importance, citizens should agree that taking it seriously requires them to endorse his intended political recommendations. (...) Indeed, there are good reasons to think that a commitment to self-authorship supports Marxian, rather than liberal, conceptions of “economic liberty.”. (shrink)

ABSTRACTJohn Tomasi argues that a theory of justice should include economic liberty since it provides people with a way of living self-authored lives. However, as Aristotelians have pointed out, even seemingly neutral theories of justice rely on non-neutral conceptions of the good. In Tomasi's case, the ideal of self-authorship assumes that it is good to exert economic agency and in so doing, exercise one's economic liberty. Thus, Tomasi equates self-authorship with participation in market activities, tacitly universalizing what is, in fact, (...) a narrow and objectionable conception of the good. (shrink)

John Tomasi's “market democrat” is right to suppose that Rawlsians have erred in omitting economic liberty from their theories of justice. A Rawlsian ought to include economic liberty as a basic freedom because it facilitates individuals' development and pursuit of their conceptions of the good. However, the most plausible version of economic liberty will require the state to guarantee, if possible, that no one will be driven by economic desperation to engage in immiserating work, which may impair rather than facilitate (...) his or her pursuit of the good. There is reason to worry that contemporary economies such as the United States fall seriously short of that ideal. (shrink)

While John Tomasi's Free Market Fairness is ambitious, provocative, and does much to reinvigorate debate about economic justice, his argument for market democracy is not compelling. I discuss two objections. First, I offer doubts about whether “thick” economic freedom is a condition of democratic legitimacy. While Tomasi raises the intriguing possibility that liberal commitments may justify a somewhat more expansive list of economic rights than traditionally recognized, he fails to give a well-worked-out account of these rights. Instead, he argues for (...) unfettered economic liberty without adequately connecting it to citizens' self-authorship, or showing how it could feasibly be protected alongside other basic liberties. Second, I argue that a concern for citizens' agency and economic self-authorship should lead us to endorse a social-democratic regime, not a market-democratic one. Market democracy leaves out or heavily revises key aspects of justice as fairness as developed by Rawls, including fair equality of opportunity and the fair value of the political liberties. Moreover, while Tomasi claims that social democracy rests on a perfectionist prioritizing of citizens' status over their agency, I argue that social democracy is best defended on agency-based grounds. (shrink)

According to John Tomasi's Free Market Fairness, there are serious constraints on what a liberal state may do to promote economic justice. Tomasi defends this claim by arguing that important economic liberties ought to be regarded as “basic” and given special priority over other liberal concerns, including those of economic justice. I argue that Tomasi's defense of this claim is unsuccessful. One problem takes the form of a dilemma: depending on how the claim is formulated more precisely, Tomasi's argument seems (...) either to be compatible with standard (e.g., Rawlsian) liberalism or to tell against even the minimal taxation that would be necessary to support the social safety net he supports. Second, granting “basic” status to economic liberties would in many cases defeat the goal, self-authorship, that Tomasi sees himself as sharing with other liberals. Third, contrary to Tomasi's suggestions, no inconsistency arises when liberals (such as Rawls) refuse to recognize the economic liberties as basic. Fourth and finally, the special significance that Tomasi attaches to agency does not provide any additional reason for accepting Tomasi's conclusions. (shrink)

ABSTRACTLibertarians like John Tomasi, who care about social justice, must say more about which economic freedoms matter and why they matter if they hope to persuade liberal egalitarians to adopt their approach. In particular, they must clarify the preconditions of equal freedom and explore more fully the relationship between security and freedom. They must also address questions about collective-action problems and the extent to which the modern corporation should be viewed as an outgrowth and expression of individual freedom. Finally, libertarians (...) should engage more fully with recent feminist literature that challenges the ideal of market-centered self-authorship that Tomasi celebrates. (shrink)