Author Jeremy Waldron has thoroughly revised thirteen of his most recent essays in order to offer a comprehensive critique of the idea of the judicial review of legislation. He argues that a belief in rights is not the same as a commitment to a Bill of Rights. This book presents legislation by a representative assembly as a form of law making which is especially apt for a society whose members disagree with one another about fundamental issues of principle.

Previous edition, 1st, published in 1971.

The Queen's College, Oxford, UK In his article `Facts and Principles', G.A. Cohen attempts to refute constructivist approaches to justification by showing that, contrary to what their proponents claim, fundamental normative principles are fact- in sensitive. We argue that Cohen's `fact-insensitivity thesis' does not provide a successful refutation of constructivism because it pertains to an area of meta-ethics which differs from the one tackled by constructivists. While Cohen's thesis concerns the logical structure of normative principles, constructivists ask how normative principles (...) should be justified . In particular, their claim that justified fundamental normative principles are fact-sensitive follows from a commitment to agnosticism about the existence of objective moral facts. We therefore conclude that, in order to refute constructivism, Cohen would have to address questions of justification, and take a stand on those long-standing meta-ethical debates about the ontological status of moral notions (for example, realism versus anti-realism) with respect to which he himself wants to remain agnostic. Key Words: John Rawls • normative justification • realism versus anti-realism • methodological versus substantive principles. (shrink)

In his recent bookThe Idea of Justice, Amartya Sen suggests that political philosophy should move beyond the dominant, Rawls-inspired, methodological paradigm – what Sen calls ‘transcendental institutionalism’ – towards a more practically oriented approach to justice: ‘realization-focused comparison’. In this article, I argue that Sen's call for a paradigm shift in thinking about justice is unwarranted. I show that his criticisms of the Rawlsian approach are either based on misunderstandings, or correct but of little consequence, and conclude that the Rawlsian (...) approach already delivers much of what Sen himself wants from a theory of justice. (shrink)

Is democracy a requirement of justice or an instrument for realizing it? The correct answer to this question, I argue, depends on the background circumstances against which democracy is defended. In the presence of thin reasonable disagreement about justice, we should value democracy only instrumentally (if at all); in the presence of thick reasonable disagreement about justice, we should value it also intrinsically, as a necessary demand of justice. Since the latter type of disagreement is pervasive in real-world politics, I (...) conclude that theories of justice designed for our world should be centrally concerned with democracy. (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 Rawls's view, so much of the extensive literature on Rawls's theory refers to the first edition.

This book articulates a systematic vision of an international legal system grounded in the commitment to justice for all persons. It provides a probing exploration of the moral issues involved in disputes about secession, ethno-national conflict, "the right of self-determination of peoples," human rights, and the legitimacy of the international legal system itself. Buchanan advances vigorous criticisms of the central dogmas of international relations and international law, arguing that the international legal system should make justice, not simply peace among states, (...) a primary goal, and rejecting the view that it is permissible for a state to conduct its foreign policies exclusively according to what is in the "national interest." He also shows that the only alternatives are not rigid adherence to existing international law or lawless chaos in which the world's one superpower pursues its own interests without constraints. This book not only criticizes the existing international legal order, but also offers morally defensible and practicable principles for reforming it. Justice, Legitimacy, and Self-Determination will find a broad readership in political science, international law, and political philosophy. (shrink)

And in this book the distinguished scholar Amartya Sen offers a powerful critique of the theory of social justice that, in its grip on social and political ...

In this stimulating work of political philosophy, acclaimed philosopher G. A. Cohen sets out to rescue the egalitarian thesis that in a society in which distributive justice prevails, peopleâes material prospects are roughly equal. Arguing against the Rawlsian version of a just society, Cohen demonstrates that distributive justice does not tolerate deep inequality. In the course of providing a deep and sophisticated critique of Rawlsâes theory of justice, Cohen demonstrates that questions of distributive justice arise not only for the state (...) but also for people in their daily lives. The right rules for the macro scale of public institutions and policies also apply, with suitable adjustments, to the micro level of individual decision-making. Cohen also charges Rawlsâes constructivism with systematically conflating the concept of justice with other concepts. Within the Rawlsian architectonic, justice is not distinguished either from other values or from optimal rules of social regulation. The elimination of those conflations brings justice closer to equality. (shrink)

One of the reasons why Kantian contractualism has been seen as an appealing alternative to utilitarianism is that it seems to be able to avoid utilitarianism's extreme demandingness, while retaining a fully impartial moral point of view. I argue that in the current state of the world, contractualist obligations to help those in need are not significantly less demanding than utilitarian obligations. I also argue that while a plausible version of utilitarianism would be considerably less demanding if the state of (...) the world were different, a central aspect of contractualism means that it would remain exceedingly demanding in any practically realizable state of the world. (shrink)

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.

In Rescuing Justice and Equality , G. A. Cohen reiterates his critique of John Rawls's difference principle as a justification for inequality-generating incentives, and also argues that Rawls's ambition to provide a constructivist defence of the first principles of justice is doomed. Cohen's arguments also suggest a natural response to my earlier attempt to defend the basic structure objection to Cohen's critique, which I term the alien factors reply. This paper criticises the reply, and Cohen's more general argument against Rawls's (...) constructivism. 1. (shrink)

It is conventional wisdom among political philosophers that ideal principles of justice must guide our attempts to design institutions to avert actual injustice. Call this the ideal guidance approach. I argue that this view is misguided— ideal principles of justice are not appropriate "guiding principles" that actual institutions must aim to realize, even if only approximately. Fortunately, the conventional wisdom is also avoidable. In this paper, I develop an alternative approach to institutional design, which I call institutional failure analysis. The (...) basic intuition of this approach is that our moral assessment of institutional proposals is most effective when we proceed from a detailed understanding of the causal processes generating problematic social outcomes. Failure analysis takes the institutional primary design task to be obviating or averting institutional failures. Consequently, failure analysis enables theorists to prescribe more effective solutions to actual injustice because its focuses on understanding the injustice, rather than specifying an ideal of justice. (shrink)

The world is riddled with human suffering, poverty, and destitution. In the face of this moral tragedy, the least that the global wealthy can do is try to support aid programs aimed at relieving the plight of the very poor. Many political leaders, pop stars, and religious personalities have realized this, and routinely urge us to be more sensitive to the conditions of the distant needy. Giving aid thus seems to be one of the most important moral imperatives of our (...) time. (Published: 22 June 2011) Citation: Ethics & Global Politics, Vol. 4 , No. 2, 2011, pp. 125-134. DOI: 10.3402/egp.v4i2.7220. (shrink)

What is the purpose of political theoretical endeavour and what methods should the early 21st-century political theorist employ? These questions – which touch on issues which go to the very heart of the vocation of political theory – have become increasingly contentious in recent years. The period since the late 1980s has been one in which theorists have increasingly disagreed not only about conventional matters of normative contention but also about the means by which to seek to resolve them. This (...) article examines a central tension that has characterized that general methodological disagreement, namely the place of empirical inquiry within the repertoire of the professional political theorist. Having carefully examined the contentions of an eclectic range of contributors to the debate, including G.A. Cohen, Alasdair MacIntyre and David Miller, this article argues that efforts either wholly to separate empirical investigation from normative enquiry or to bind the two ever-closer together are fraught with difficulties. It concludes by contending that political theorists ought to take aspects of the empirical political and social sciences extremely seriously while avoiding the temptation to have their normative agenda dictated to them by the contingent pressures of the here and now. (shrink)

Journal of Economic Methodology, Volume 19, Issue 2, Page 159-163, June 2012.

The most obvious way of settling disagreements peacefully is to take a vote. Yet, as Jeremy Waldron points out, the attitudes of philosophers and political theorists towards majority voting have ranged from indifference to hostility. Piled on top of all this scorn for legislation comes further scorn from social choice theorists, who insist that majority rule is useless as a means of making decisions.

Cohen seeks to rescue the concept of justice from those, among whom he includes Rawls, who think that correct fundamental moral principles are fact-sensitive. Cohen argues instead that any fundamental principles of justice, and fundamental moral principles generally, are fact-insensitive and that any fact-sensitive principles can be traced back to fact-insensitive ones. This paper seeks to clarify the nature of Cohen's argument, and the kind of fact-insensitivity he has in mind. In particular, it distinguishes between internal and external fact-sensitivity – (...) that is, whether facts are referenced in the content of the principle, or must otherwise be the case in order for the principle to apply at all. Cohen himself seems likely to endorse internally fact-sensitive fundamental principles. This leads to a discussion of Cohen's Platonism about moral principles and the extent to which his arguments cover all its rivals. 1. (shrink)

Balancing practical and theoretical knowledge,Political Scienceis a comprehensive and jargon-free introduction to the fieldrs"s basic concepts and themes. This bestselling brief text uses diverse real-world examples to show students the value of avoiding simplifications in politics, the relevance of government, and the importance of participation. Written from Mike Roskinrs"s unique and engaging point-of-view,Political Scienceremains the best at providing the clear explanations, practical applications, and current examples that will welcome students to a vital field of study.

In her ‘On the apparent paradox of ideal theory’, Laura Valentini combines three supposedly plausible premises to derive the paradoxical result that ideal theory is both unable to, and indispensable for, guiding action. Her strategy is to undermine one of the three premises by arguing that there are good and bad kinds of ideal theory, and only the bad kinds are vulnerable to the strongest version of their opponents’ attack. By undermining one of the three premises she releases ideal theorists (...) from the paradox, which is as follows. (1) Any sound theory of justice is action-guiding. (2) Any sound theory of justice is ideal. (3) Any ideal theory fails to be action-guiding. Here I shall respond to Valentini in two ways. First, I shall show that both (1) and (2) are false. The falsity of either is sufficient to release ideal theorists from the paradox. Second, I shall show that Valentini’s response to (3) can be extended, because her bad kinds of ideal theory do not necessarily fail to guide action. The cumulative effect of my arguments further strengthens Valentini’s support of ideal theory. I will deal with premises (1) and (2) in Sections I and II, and (3) in Section III. (shrink)

This paper has three aims. First, it argues that the present use of ‘ideal theory’ is unhelpful, and that an earlier and apparently more natural use focusing on perfection would be preferable. Second, it has tried to show that revision of the use of the term would better expose two distinctive normative issues, and illustrated that claim by showing how some contributors to debates about ideal theory have gone wrong partly through not distinguishing them. Third, in exposing those two distinct (...) normative issues, it has revealed a particular way in which ideal theory even under the more specific, revisionary definition will often be central to working out what to do in non-ideal circumstances. By clarifying the terms on which debates over ideal and non-ideal theory should take place, and highlighting the particular problems each deals with, it tries to clear the ground for turning to the actual problem, which is what to do in our non-ideal and often tragic circumstances. (shrink)

In this paper, I seek to undermine G.A. Cohen ’s polemical use of a metaethical claim he makes in his article, ‘ Facts and Principles’, by arguing that that use requires an unsustainable equivocation between epistemic and logical grounding. I begin by distinguishing three theses that Cohen has offered during the course of his critique of Rawls and contractualism more generally, the foundationalism about grounding thesis, the justice as non-regulative thesis, and the justice as all-encompassing thesis, and briefly argue that (...) they are analytically independent of each other. I then offer an outline of the foundationalism about grounding thesis, characterising it, as Cohen does, as a demand of logic. That thesis claims that whenever a normative principle is dependent on a fact, it is so dependent in virtue of some other principle. I then argue that although this is true as a matter of logic, it, as Cohen admits, cannot be true of actual justifications, since logic cannot tell us anything about the truth as opposed to the validity of arguments. Facts about a justification cannot then be decisive for whether or not a given argument violates the foundationalism about grounding thesis. As long as, independently of actual justifications, theorists can point to plausible logically grounding principles, as I argue contractualists can, Cohen ’s thesis lacks critical bite. (shrink)

This article sets out some of the key features of a realist critique of liberal moralism, identifying descriptive inadequacy and normative irrelevance as the two fundamental lines of criticism. It then sketches an outline of a political theory of modus vivendi as an alternative, realist approach to political theory. On this account a modus vivendi should be understood as any political settlement that involves the preservation of peace and security and is generally acceptable to those who are party to it. (...) In conclusion, some problems with this conception of modus vivendi and with a realist political theory more generally are discussed. In particular, the question is raised of whether a realist political theory should be understood as an alternative to liberal moralism or only a better way of doing basically the same kind of thing. (shrink)