This paper addresses ways of arguing fors ome form of economic democracy from within a broadly Rawlsian framework. Firstly, one can argue that a right to participate in economic decision-making should be added to the Rawlsian list of basic liberties, protected by the first principle of justice. Secondly,I argue that a society which institutes forms of economic democracy will be more likely to preserve a stable and just basic structure over time, by virtue of the effects of economic democratization on (...) the development of an active, democratic character among citizens. Thirdly, I argue that a proper understanding of the demands of the difference principle shows that justice demands more than ex post redistribution, but also requires the ex ante redistribution of power and authority in economic life. This connects to Rawls’s discussion of the badness of inequality, and to his endorsement of a “property-owning democracy”. -/- My conclusion is that, even if we may doubt the success of this first Rawlsian argument,the second and third arguments are both successful, and together establish a strong Rawlsian case forseeing economic democratization as a requirement of justice. (shrink)

One Rawlsian response to G. A. Cohen’s criticisms of justice as fairness which Cohen canvasses, and then dismisses, is the 'Freedom Objection'. It comes in two versions. The 'First Version' asserts that there is an unresolved trilemma among the three principles of equality, Pareto-optimality, and freedom of occupational choice, while the 'Second Version' imputes to Rawls’s theory a concern to protect occupational freedom over equality of condition. This article is mainly concerned with advancing three claims. First, the 'ethical solution' Cohen (...) advances against the First Version of the Freedom Objection does not grant a fair hearing to the Freedom Objection. Second, the distinction Cohen presses between the legal and moral right of occupational choice in his response to the Second Version cannot save him from worries about Stalinist coercion. Third, Cohen’s response to the First Version of the Freedom Objection is actually in tension with his response to the Second Version of the Freedom Objection. (shrink)

My paper addresses a topic--the implications of Rawls's justice as fairness for affirmative action--that has received remarkably little attention from Rawls's major interpreters. The only extended treatments of it that are in print are over a quarter-century old, and they bear scarcely any relationship to Rawls's own nonideal theorizing. Following Christine Korsgaard's lead, I work through the implications of Rawls's nonideal theory and show what it entails for affirmative action: viz. that under nonideal conditions, aggressive forms of formal equality of (...) opportunity (e.g., sensitivity training, outreach efforts, external monitoring and enforcement) and compensating support (e.g., special fellowship programs, childcare facilities, mentoring, co-op opportunities, etc.) can be justified, but that "hard" and even "soft" quotas are difficult to defend under any conditions. I conclude the paper by exploring the implications of these surprising results for contemporary liberalism more broadly and for constitutional law and public policy. (shrink)

Critics have argued that Rawls's account of self-respect is equivocal. I show, first, that Rawls in fact relies upon an unambiguous notion of self-respect, though he sometimes is unclear as to whether this notion has merely instrumental or also intrinsic value. I show second that Rawls’s main objective in arguing that justice as fairness supports citizens’ self-respect is not, as many have thought, to show that his principles support citizens’ self-respect generally, but to show that his principles counter the effects (...) of the market on lower class citizens’ sense of worth. This discussion establishes that Rawls, in the end, sees self-respect primarily as an intrinsic good. (shrink)

Palliative care serves both as an integrated part of treatment and as a last effort to care for those we cannot cure. The extent to which palliative care should be provided and our reasons for doing so have been curiously overlooked in the debate about distributive justice in health and healthcare. We argue that one prominent approach, the Rawlsian approach developed by Norman Daniels, is unable to provide such reasons and such care. This is because of a central feature in (...) Daniels' account, namely that care should be provided to restore people's opportunities. Daniels' view is both unable to provide pain relief to those who need it as a supplement to treatment and, without justice-based reasons to provide palliative care to those whose opportunities cannot be restored. We conclude that this makes Daniels' framework much less attractive. (shrink)

In this article, we suggest that the evidence regarding the social determinants of health calls for a deep re‐thinking of our understanding of distributive justice. Focusing on John Rawls's theory of distributive justice in particular, we argue that a full reckoning with the social determinants of health requires a re‐working of Rawls's principles of justice. We argue first that the social bases of health – a Rawlsian conception of the social determinants of health – should be considered a social primary (...) good. We argue second that including the social bases of health as a social primary good would lead the parties to the original position to choose an additional principle of justice and assign it lexical priority over Rawls's second principle. According to this principle, inequalities in people's share of the social bases of health are to be arranged so as to improve the health status of those least advantaged on the social health gradient. -/- . (shrink)

In the last two decades, a robust consensus has emerged among philosophers of science, whereby political, ethical, or social values must play some role in scientific inquiry, and that the ‘value-free ideal’ is thus a misguided conception of science. However, the question of how to distinguish, in a principled way, which values may legitimately influence science remains. This question, which has been dubbed the ‘new demarcation problem,’ has until recently received comparatively less attention from philosophers of science. In this paper, (...) I appeal to Rawls’s theory of justice (1971) on the basis of which I defend a Rawlsian solution to the new demarcation problem. As I argue, the Rawlsian solution places plausible constraints on which values ought to influence scientific inquiry, and, moreover, can be fruitfully applied to concrete cases to determine how the conflicting interests of stakeholders should be balanced. After considering and responding to the objection that Rawls’s theory of justice applies only to the “basic structure” of society, I compare the Rawlsian solution to some other approaches to the new demarcation problem, especially those that emphasize democratic criteria. (shrink)

While most of the literature has attempted to justify harsh and soft containment given some fundamental commitments of political liberalism, I focus on how justified forms of containment can in themselves be deemed effective. This article shows that a reading of Rawls allows for a comparison of different containment practices based on their capacity to protect the stability of liberal democracies under serious threat. And, in making it possible to compare harsh and soft containment, I evaluate immediate stability gains against (...) citizens’ judgements about their liberal democratic institutions. (shrink)

This paper proposes a Rawlsian conception of moral justification as a social activity. Through a close reading, Rawls’ view of ethical justification is shown to be significantly more dialogical and deliberative than is commonly appreciated. The result is a view that emphasizes the social nature of ethical justification and identifies information sharing between persons as the crux of justification in metaethics, in contrast to normative ethics. I call it Rawlsian reflective equilibrium to distinguish it from other varieties.

In this paper, I examine John Rawls’ claim in the first edition of A Theory of Justice that Justice as Fairness cannot include considerations about the environment and non-human animals. The paper aims to resolve the tension in this statement, as the idea of a Rawlsian well-ordered society without concern for the rest of nature presents as a contradiction. Through a more charitable reading of Rawlsian theory that borrows from anti-capitalist and environmental justice frameworks, we can see how Rawlsian justice (...) connects tightly to these issues. I conclude that the Rawlsian well-ordered society must be committed to anti-capitalist environmental justice. (shrink)

Are intellectual property rights for talented people justified by Rawls’ criteria of justice? In this paper, I argue that Rawls’ theory of justice is ill-equipped to answer this question. Tailored for rival goods and, as a result, centred on the distribution of benefits, it tends to restate questions of justice about unequal rights as questions about economic inequalities. Therefore, it lacks the tools necessary to distinguish among different forms of incentives for talented people. Once social and economic inequalities observe equality (...) of opportunity and improve the least advantaged, the theory is indifferent as to whether talented people are allowed to compete for monopoly rights or for direct financial reward. (shrink)

In A Theory of Justice, John Rawls presents a method of determining how a just society would allocate its "primary goods"-that is,those things any rational person would desire, such as opportunities, liberties,rights, wealth, and the bases of self-respect. (1) Rawls' method of adopting the"original position" is supposed to yield a "fair" way of distributing such goods.A just society would also have the need (unmet in the above work) to determine how the victims of injustice ought to be compensated, since history (...) suggests that social contracts are likely to be violated. This paper is an attempt to determine the remedial measures that would be selected using Rawls' method. I contend that only two of the three most widely used "affirmative action" policies would be selected from the original position. I also sketch another compensatory policy that would pass Rawls' fairness test. (shrink)

In A Theory of Justice, John Rawls presents a method of determining how a just society would allocate its "primary goods"-that is, those things any rational person would desire, such as opportunities, liberties, rights, wealth, and the bases of self-respect. Rawls' method of adopting the "original position" is supposed to yield a "fair" way of distributing such goods. A just society would also have the need (unmet in the above work) to ascertain how the victims of injustice ought to be (...) compensated, since history strongly suggests that social contracts are likely to be violated. This paper sets forth the remedial measures that would be selected using Rawls' method. I contend that only two of the three most widely used "affirmative action" policies would be selected from the original position. I also sketch another compensatory policy that would pass Rawls' fairness test. (shrink)

John Rawls's repeated assertions that the basic structure of society creates profound and inevitable differences in life prospects for people born in different starting places seems to contradict his assertions that, under fair equality of opportunity, a person's life prospects would not be affected by class of origin for those similarly endowed and motivated. This seeming contradiction seems to be resolved by Rawls's apparent belief that class of origin inevitably affects motivation. This reconciliation leaves us with a very weak conception (...) of "fair equality of opportunity." Should Rawls have advocated something stronger? Within the constraints of his theory of justice nothing stronger seems possible. Still, his theory harbors highly implausible sociological assumptions. A more plausible sociology requires us to reject distributive justice in favor of contributive justice. (shrink)

Technological and societal changes have made downward social and economic mobility a pressing issue in real-world politics. This article argues that a Rawlsian society would not provide any special protection against downward mobility, and would act rightly in declining to provide such protection. Special treatment for the downwardly mobile can be grounded neither in Rawls’s core principles—the basic liberties, fair equality of opportunity, and the difference principle—nor in other aspects of Rawls’s theory. Instead, a Rawlsian society is willing to sacrifice (...) particular individuals’ ambitions and plans for the achievement of justice, and offers those who lose out from justified change no special solicitude over and above the general solicitude extended to all. Rather than guaranteeing the maintenance of any particular individual or group’s economic position, it provides all of its members—the upwardly mobile, the downwardly mobile, and the immobile—a form of security that is at once more generous and more limited: that they will receive the liberties, opportunities, and resources promised by the principles of justice. (shrink)

Does the debate between Rawlsians and liberal perfectionists boil down to the following: for liberal perfectionists, the government should fund aesthetic projects that are in good taste; for Rawlsians, the government should be neutral on the aesthetic value of anything? If so, liberal perfectionists are committed to the view that there is objective aesthetic value. In this paper, I argue that within the Rawlsian system is a thesis that is difficult to reconcile with objectivity about aesthetics.

How should liberal societies respond to nonliberal ones? In this paper I examine John Rawls’s conception of international toleration against what is sometimes called a cosmopolitan one. Rawls holds that a just international order should recognize certain nonliberal societies, to which he refers as decent peoples, as equal members in good standing in a just society of peoples. It would be a violation of liberalism’s own principle of toleration to deny the international legitimacy of decent peoples who, among other things, (...) affirm human rights and accept peaceful coexistence with other societies. According to the cosmopolitan idea of international toleration, on the contrary, only societies that are liberal in character meet the criteria for toleration. I suggest that, against the Rawlsian conception of international toleration, the cosmopolitan idea is more consistent with the fundamentals of liberal political morality. I then clarify the ways in which cosmopolitan toleration is not worryingly interventionist even as it is not altogether toothless; and I end with some reflections on why cosmopolitism is not morally imperialistic. (shrink)

Norman Daniels’s theory of ‘accountability for reasonableness’ is an influential conception of fairness in healthcare resource allocation. Although it is widely thought that this theory provides a consistent extension of John Rawls’s general conception of justice, this paper shows that accountability for reasonableness has important points of contact with both utilitarianism and intuitionism, the main targets of Rawls’s argument. My aim is to demonstrate that its overlap with utilitarianism and intuitionism leaves accountability for reasonableness open to damaging critiques. The important (...) role that utilitarian-like cost-effectiveness calculations are allowed to play in resource allocation processes disregards the separateness of persons and is seriously unfair towards individuals whose interests are sacrificed for the sake of groups. Furthermore, the function played by intuitions in settling frequent value conflicts opens the door for sheer custom and vested interests to steer decision-making. (shrink)

Is the family subject to principles of justice? In "A Theory of Justice", John Rawls includes the (monogamous) family along with the market and the government as among the, "basic institutions of society", to which principles of justice apply. Justice, he famously insists, is primary in politics as truth is in science: the only excuse for tolerating injustice is that no lesser injustice is possible. The point of the present paper is that Rawls doesn't actually mean this. When it comes (...) to the family, and in particular its impact on fair equal opportunity, (the first part of the Difference Principle, Rawls' second principle of justice), he abandons the priority of justice. I also argue that he is right to do so. -/- The central argument is simple. As Rawls admits, what family one is raised by profoundly affects one's life chances: a child raised by a family has far greater life chances on every dimension than one raised in a poorer family that may lack books, education, and time to give the child attention. But the prevailing family arrangements in the industrialized West, assigning children to be raised by their biological parents, is guaranteed to perpetuate this injustice. While Rawls says an unjust institution in the basic structure of society, in which he includes the family, must be, "reformed or abolished," he refrains from calling for the reform or abolition of the family. We must simply work around it to compensate for the injustices he admits it involves. And this despite the fact that alternative arrangements involving communal child-rearing (Plato) or assigning children to those best qualified to raise them (Rousseau) are common in the philosophical literature. Moreover, the practice of having children raised by their biological parents is a relatively recent one, at least in the West, where, before the late 18th century, fostering-out or apprenticeship arrangements were normal and expected for both rich and poor for centuries. -/- Much of the paper is devoted to fine-grained textual analysis of Rawls' attempts to avoid the devastating implications of this argument for his theory of justice -- much of which are stated only in the original edition of "A Theory of Justice" and simply deleted, without substitution by anything better, in the second edition. In the end, Rawls has no way out. He cannot keep the priority of justice, fair equality of opportunity, and the monogamous family in which children are raised by their biological parents. As he admits, these are mutually inconsistent. -/- In the final part of the paper, I argue that Rawls should give up on the priority of justice. While child-rearing by the biological parents is a historical anomaly, in the real modern world it would be politically unfeasible to institute Platonic, Rousseauean, or similar legislation that purportedly assigned children to those best able to raise them, regardless of biological relationship. Since Rawls is committed to principles of political stability and feasibility, as he should be, and since ought implies can, such proposals are off the table. I concur with Rawls that we must work around this injustice, even those there are more just arrangements available in principle. But the cost of this -- less high than Rawls suggests -- is abandoning the principle of the priority of justice. Justice is one of a number of considerations that we must or may balance in deciding on the best attainable social relations. It is not a trump. However, this comes a great cost for Rawls: he must also abandon the lexical ordering of principles of justice or, in general, right or good principles of social order, in favor of the messy intuitionist balancing that his theory is designed to avoid. -/- One feature of the paper that is worth independent attention is a discussion of Marx's rejection of justice in the Critique of the Gotha Program, which I explicate, and urge, without adopting it, that it has a great deal more force than is widely understood. (shrink)

John Rawls recommends a reflective equilibrium method for evaluating which principles institutions should abide by. In this paper, I identify and challenge three assumptions that he makes.

In my 1990 work – Marxism, Morality, and Social Justice – I argued for four modifications of Rawls’s principles of social justice and rendered a modified version of his theory in four principles, the first of which is the Basic Rights Principle demanding the protection of people’s security and subsistence rights. In both his Political Liberalism and Justice as Fairness Rawls explicitly refers to my version of his theory, clearly accepting three of my four proposed modifications but rejecting the fourth (...) ‐‐ the demand for social and economic democracy – on grounds that it automatically justifies socialism as opposed to capitalism. I argue, contrary to Rawls, that it is not true that this demand automatically picks socialism as the preferablesocioeconomic/political system and that a Social and Economic Democracy Principle demanding workplace and neighborhood democracy is officially neutral between these two systems … although plausible empirical assumptions may, indeed, favor the former. I then significantly elaborate my second version of Rawls’s theory of social justice which is composed of the following principles arranged in a very strong order of priority : Basic Rights Principle, Equal Basic Liberties Principle, Fair Equality of Opportunity Principle, Modified Difference Principle, and Social and Economic DemocracyPrinciple. I argue that this elaborated version of the theory – which I call “Justice as Fair Rights” – is better than either Rawls’s original theory or my previous versions of it. (shrink)

In this paper, we argue that solutions to normative challenges associated with autonomous driving, such as real-world trolley cases or distributions of risk in mundane driving situations, face the problem of reasonable pluralism: Reasonable pluralism refers to the fact that there exists a plurality of reasonable yet incompatible comprehensive moral doctrines within liberal democracies. The corresponding problem is that a politically acceptable solution cannot refer to only one of these comprehensive doctrines. Yet a politically adequate solution to the normative challenges (...) of autonomous driving need not come at the expense of an ethical solution, if it is based on moral beliefs that are (1) shared in an overlapping consensus and (2) systematized through public reason. Therefore, we argue that a Rawlsian justificatory framework is able to adequately address the normative challenges of autonomous driving and elaborate on how such a framework might be employed for this purpose. (shrink)

This chapter discusses the Rawlsian project of public reason, or public justification-based 'political' liberalism, and its reception. After a brief philosophical rather than philological reconstruction of the project, the chapter revolves around a distinction between idealist and realist responses to it. Focusing on political liberalism’s critical reception illuminates an overarching question: was Rawls’s revival of a contractualist approach to liberal legitimacy a fruitful move for liberalism and/or the social contract tradition? The last section contains a largely negative answer to that (...) question. Nonetheless the chapter's conclusion shows that the research programme of political liberalism provided and continues to provide illuminating insights into the limitations of liberal contractualism, especially under conditions of persistent and radical diversity. The programme is, however, less receptive to challenges to do with the relative decline of the power of modern states. (shrink)

Infamously, Rawls assumed a democratic society to be “a complete and closed social system,” in that “entry into it is only by birth and exit from it is only by death.” Since the beginning of the present millennium, however, debates about the ethical issues related to immigration have been prominent. In this context, these methodological departure points seem long outdated, if not simply biased. This paper will rework Rawls’s theory of migration for application to the case of provisional immigrants by (...) reworking its theoretical underpinnings. I will argue that once his assumptions are adjusted, Rawlsian notions of ‘stability’ in conjunction with his idea of a ‘society understood as a fair system of cooperation’ justify inclusive membership regimes. In other words, Rawlsian domestic justice requires inclusive membership regimes for provisional immigrants. (shrink)

Liberalism is often claimed to be at odds with feminism and critical race theory (CRT). This article argues, to the contrary, that Rawlsian liberalism supports the central commitments of both. Section 1 argues that Rawlsian liberalism supports intersectional feminism. Section 2 argues that the same is true of CRT. Section 3 then uses Young’s ‘Five Faces of Oppression’—a classic work widely utilized in feminism and CRT to understand and contest many varieties of oppression—to illustrate how Rawlsian liberalism supports diverse feminist (...) and CRT projects, and why it may be critical to achieve solidarity between feminism, CRT, and Rawlsian liberalism. Finally, Section 4 responds to five objections. (shrink)

In this chapter, I argue that John Rawls’ later work presents one of the most fruitful liberal frameworks from which to approach global cultural diversity. In his Law of Peoples (1999), the normative architecture Rawls provides is much more open to an intercultural/religious dialogue with various non-Western communities, such as the First Nations, than are other liberal approaches. Surprisingly, this has gone unnoticed in the literature on multiculturalism. At the same time, Rawls’ framework is not problem free. Here, I am (...) concerned with Rawls’ conception of overlapping consensus as political, rather than comprehensive; or the idea that dialogue and discussion concerning issues of justice must necessarily, as a matter of principle, exclude philosophical or religious reasons. I argue that this constraint will only add to the unfair exclusion of legitimate concerns. I demonstrate this in Rawls' discussion of so-called non-public spiritual perspectives of land, non-human animals, and the environment – views strikingly similar to those held by many Indigenous and Native Americans. Rawls’ framework unjustifiably and unjustly excludes such views from participation in the public and political realm. In the context of a globally diverse world, and in light of a history of Western colonialism, oppression, and domination of Indigenous peoples, I would argue that justice and fairness require that such others at least be able to articulate their concerns in the public and political domain, according to their own self-understandings and as they see fit, even if we do not agree with these. I argue that Rawls’ proviso is insufficient as a response. (shrink)

This article considers attempts to include the issues of ageing and ill health in a Rawlsian framework. It first considers Norman Daniels’ Prudential Lifespan Account, which reduces intergenerational questions to issues of intrapersonal prudence from behind a Rawslian veil of ignorance. This approach faces several problems of idealisation, including those raised by Hugh Lazenby, because it must assume that everyone will live to the same age, undermining its status as a prudential calculation. I then assess Lazenby's account, which applies Rawls’ (...) general theory of justice more directly to healthcare. Lazenby suggests that we should apply Rawls’ difference principle – which claims that any inequalities in social goods must benefit the worst off – to conclude that we should significantly prioritise treatment of young patients. I argue first that the existence of young terminally ill patients undermines a number of Rawlsian arguments for the difference principle. I then argue that the structure of ageing undermines the Rawlsian decision mechanism of the ‘veil of ignorance’ on which Lazenby relies. I conclude that age and terminal illness present significant problems for any comprehensive Rawlsian account of justice. (shrink)

The purpose of my paper is to show the derivation of what is sometimes called the ‘new liberalism’ (or ‘progressive liberalism’) from the basic principles of classical liberalism, through a reading of John Locke’s treatment of the right to property in his Second Treatise of Government. Locke’s work sharply distinguishes between the natural right to property in the ‘state of nature’ and the societal right to property as established in a socio-economic political system. Whereas the former does not depend on (...) the consent of others, it is qualified by strict limits on the amount of property that may be rightly acquired. The societal right to property lifts these limits but is justified only under the principle of universal consent. This principle, I argue, implies the Rawlsian difference principle; i.e., that the regulation and distribution of property must be such as would elicit the freely proffered consent of society’s least advantaged members. (shrink)

Rawls’s contractualist approach to justice is well known for its adoption of ideal theory. This approach starts by setting out the political goal or ideal and leaves it to non-ideal or partial compliance theory to map out how to get there. However, Rawls’s use of ideal theory has been criticized by Sen from the right and by Mouffe from the left. We critically address these concerns in the context of developing a Rawlsian approach to climate justice. While the importance of (...) non-ideal theory for climate justice is increasingly being understood, its strategic and institutional importance for a Rawlsian approach needs further elaboration. We focus on the role of the Kantian conception of the reasonable and rational powers of persons in Rawls’s work and show how this helps us to develop a partial compliance theory that focuses on the importance of institutions and strategic political action for achieving climate justice. (shrink)

This paper presents a more holistic variety of liberalism than the Rawlsian kind, which involves judging that various things are not properly liberal, things which the Rawlsian would seek to avoid conflict with, e.g. “This is not liberal poetry,” “This is not liberal computer programming.” Such judgments seem to be based on an emotional, or aesthetic, sense of coherence.

In this paper, I present a puzzle for Rawlsians given an attractive way for them to approach defining an adult citizen.

Most prominent arguments favoring the widespread discretionary business practice of sending jobs overseas, known as ‘offshoring,’ attempt to justify the trend by appeal to utilitarian principles. It is argued that when business can be performed more cost-effectively offshore, doing so tends, over the longterm, to achieve the greatest good for the greatest number. This claim is supported by evidence that exporting jobs actively promotes economic development overseas while simultaneously increasing the revenue of the exporting country. After showing that offshoring might (...) indeed be justified on utilitarian grounds, I argue that according to Rawlsian social-contract theory, the practice is nevertheless irrational and unjust. For it unfairly expects the people of a given society to accept job-gain benefits to peoples of other societies as outweighing job-loss hardships it imposes on itself. Finally, I conclude that contrary to socialism, which relies much more on government control, capitalism constitutes a social contract that places a particularly strong moral obligation on corporations themselves to refrain from offshoring. (shrink)

John Rawls is a central figure in contemporary philosophical and theoretical discussions of civil disobedience, which hope to contribute to significant political debates around when and in which forms political dissent, protest and resistance are appropriate. Ignoring the frame in which Rawls discusses civil disobedience has led critics to wrongly attack his theory for being too restrictive when it is more likely to be too permissive. That permissiveness depends on treating any political order which does not come close to fulfilling (...) his theory of justice as absolutely illegitimate. In this sense, Rawls’ theory of political authority is binary and demanding. The problems his theory shares with most others, including his critics’, show that political authority needs to be disaggregated to make sense of the conditions under which different forms of protest and resistance are appropriate. (shrink)

Over the last decade, Robert Talisse has developed a devastating argument against reviving John Dewey’s democratic ideal. In his book, A Pragmatist Philosophy of Democracy, and in other essays, Talisse has argued that Deweyan democracy fails to accommodate Rawls’ conception of “the fact of reasonable pluralism” because it is committed to a perfectionist conception of the good. In response, this article offers a Rawlsian rebuttal to Talisse by drawing on Rawls’ own characterisation of perfectionism to show that Dewey’s conception of (...) the good is not perfectionist on Rawls’ account and thus can reasonably accommodate the fact of reasonable pluralism. is article thus begins by exposing and explaining Talisse’s argument, before articulating Shane Ralston’s rejection of the Berlinian and Rawlsian fillters presupposed by Talisse’s argument. Then, it develops its central argument by showing that, even if we accept the Rawlsian filter, Deweyan democracy does not fail to accommodate the fact of reasonable pluralism, because it only relies on a thin (not a full) theory of the good, before considering some foreseeable Talissean objections. Ultimately, the article concludes by showing that these objections fail because Deweyan democracy does not rely on a ‘full’ theory of the good. (shrink)

John Rawls’s use of the “fully cooperating assumption” has been criticized for hindering attempts to address the needs of disabled individuals, or non-cooperators. In response, philosophers sympathetic to Rawls’s project have extended his theory. I assess one such extension by Cynthia Stark, that proposes dropping Rawls’s assumption in the constitutional stage (of his four-stage sequence), and address the needs of non-cooperators via the social minimum. I defend Stark’s proposal against criticisms by Sophia Wong, Christie Hartley, and Elizabeth Edenberg and Marilyn (...) Friedman. Nevertheless, I argue that Stark’s proposal is crucially incomplete. Her formulation of the social minimum lacks accompanying criteria with which the adequacy of the provisions for non-cooperators may be assessed. Despite initial appearances, Stark’s proposal does not fully address the needs of non-cooperators. I conclude by considering two payoffs of identifying this lack of criteria. (shrink)

G.A. Cohen’s critique of the Rawlsian difference principle points out an inconsistency in its presentation. The initial equality decided by the participants in the original position under the veil of ignorance is not preserved by the inequality sanctioned by the difference principle. Cohen shows how the breakdown of the initial equality of the original position prevents the desired results of the Rawlsian system from being realized. Cohen argues that an egalitarian ethos is required within a society for equality preserving economic (...) distributions and Pareto superior outcomes to occur. Nonetheless, Cohen’s analysis of Rawls misses the ultimate cause of inequality, which is the dynamics of capital accumulation. An egalitarian ethos is only possible if there is a socialist mode of production to facilitate its development. Additionally, Cohen’s critique of Rawlsian constructivism through an argument for intuitionism does not address the natural-material existence of human beings. This existence must be considered for any advantageous social formation. (shrink)

Rawls’s consideration not to include the choice of economic systems as part of a theory of justice is inconsistent with his comments on redistribution and the political effects of economic inequality. When Rawls’s discussion of economic systems and his discussion of economic inequalities is examined, it is apparent that the selection of economic systems is a pertinent topic for a theory of justice. The propensity for the primary social good of self-respect to be satisfied can be affected by the selection (...) of economic systems. Rawls has incorrectly determined the selection of economic systems to be unimportant if different economic systems can be more advantageous to the satisfaction of self-respect than others. When socialism and Rawls’s version of regulated capitalism are compared, socialism is a maximin solution, and accordingly will be selected by people within the original position under the veil of ignorance. (shrink)

Introduction: This study delves into the ethical dimensions surrounding autonomous vehicles (AVs), with a specific focus on decision-making algorithms. Termed the “Trolley problem,” an ethical quandary arises, necessitating the formulation of moral algorithms grounded in ethical principles. To address this issue, an online survey was conducted with 460 participants in China, comprising 237 females and 223 males, spanning ages 18 to 70. -/- Methods: Adapted from Joshua Greene’s trolley dilemma survey, our study employed Yes/No options to probe participants’ choices and (...) Likert scales to gauge moral acceptance. The primary objective was to assess participants’ inclinations toward four distinct algorithmic strategies—Utilitarianism, Rawlsianism, Egoism, and a Hybrid approach—in scenarios involving AVs -/- Results: Our findings revealed a significant disparity between participants’ preferences in scenarios related to AV design and those focused on purchase decisions. Notably, over half of the respondents expressed reluctance to purchase AVs equipped with an “egoism” algorithm, which prioritizes the car owner’s safety. Intriguingly, the rejection rate for “egoism” was similar to that of “utilitarianism,” which may necessitate self-sacrifice. -/- Discussion: The hybrid approach, integrating “Utilitarianism” and “Egoism,” garnered the highest endorsement. This highlights the importance of balancing self-sacrifice and harm minimization in AV moral algorithms. The study’s insights are crucial for ethically and practically advancing AV technology in the continually evolving realm of autonomous vehicles. (shrink)

Rawlsian justice as fairness is neither fundamentally luck egalitarian nor relational egalitarian. Rather, the most fundamental idea is that of society as a fair system of cooperation. Collective pensions provide a case study which illustrates the fruitfulness of conceiving justice in these latter terms. Those who have recently reached the age of majority do not now know how long they will live in retirement or how well any investments they try to save up for their retirement would fare. From the (...) perspective of the beginning of their working lives, it is therefore rational for each to enter into an agreement with others, who also do not yet know their fates, that, if one turns out to be among the unfortunate whose private pension pots would not have yielded enough for one’s retirement, one will receive much more in retirement, whereas those whose pension pots would have overflowed their retirements will receive somewhat less. These terms are to each person’s expected advantage, which is made possible by a fair sharing of the fruits of social cooperation which arise through the efficiencies reaped by the pooling of the risk of outliving what one could save for one’s retirement on one’s own. It is rational for each to agree to share one another’s fates by pooling risks across both space and time, on fair terms of social cooperation for mutual advantage. Even when collective pensions arise from, and are proportional to, a baseline of unequal income, they can be defended on grounds of reciprocity involving regard for one another as equals. (shrink)

Rawlsian ideal theory is meant to perform various roles in non-ideal theory. In this paper, I distinguish between three roles, and I consider the extent to which we can expect ideal theory to perform them. It is meant to serve as a target to guide non-ideal theorising in the long-term. It is also supposed to provide a way of comparing different injustices to tell us which is worst and therefore in most urgent need of a remedy. Finally, ideal theory is (...) the basis for a model of fairness that restricts the set of morally permissible measures in non-ideal theory. I show how the first two roles—the target and urgency roles—are less plausible than the fairness role. (shrink)

Rawlsian political liberalism famously requires a prohibition on truth. This has led to the charge that liberalism embraces non-cognitivism, according to which political claims have the moral status of emotions or expressions of preference. This result would render liberalism a non-starter for liberatory politics, a conclusion that political liberals themselves disavow. This conflict between what liberalism claims and what liberalism does has led critics to charge that the theory is disingenuous and functions as political ideology. In this paper, I explore (...) one way that this charge unfolds: critics charge that liberalism utilizes an individualistic and identity-insensitive social ontology, which in turn yields epistemic deficiencies that render it incapable of detecting oppression. The theory’s claim to freestandingness then shields it from necessary critique. I argue that this objection relies on constructing a conflict between liberalism’s professed non-cognitivism and its actual cognitivist commitments. By demonstrating that Rawlsian political liberalism explicitly endorses substantive moral truths, and that the method of avoidance applies only to public justification for coercive state action, I show that the theory is openly and foundationally cognitivist, and thus that the charge of disingenuousness does not stick. (shrink)

This article explores the Rawlsian goal of ensuring that distributions are not influenced by the morally arbitrary. It does so by bringing discussions of distributive justice into contact with the debate over moral luck initiated by Williams and Nagel. Rawls’ own justice as fairness appears to be incompatible with the arbitrariness commitment, as it creates some equalities arbitrarily. A major rival, Dworkin’s version of brute luck egalitarianism, aims to be continuous with ordinary ethics, and so is (a) sensitive to non-philosophical (...) beliefs about free will and responsibility, and (b) allows inequalities to arise on the basis of option luck. But Dworkin does not present convincing reasons in support of continuity, and there are compelling moral reasons for justice to be sensitive to the best philosophical account of free will and responsibility, as is proposed by the revised brute luck egalitarianism of Arneson and Cohen. While Dworkinian brute luck egalitarianism admits three sorts of morally arbitrary disadvantaging which correspond to three forms of moral luck (constitutive, circumstantial, and option luck), revised brute luck egalitarianism does not disadvantage on the basis of constitutive or circumstantial luck. But it is not as sensitive to responsibility as it needs to be to fully extinguish the influence of the morally arbitrary, for persons under it may exercise their responsibility equivalently yet end up with different outcomes on account of option luck. It is concluded that egalitarians should deny the existence of distributive luck, which is luck in the levels of advantage that individuals are due. (shrink)

This article adapts John Rawls’s writings, arguing that past injustice can change what we ought to publicly affirm as the standard of justice today. My approach differs from forward-looking approaches based on alleviating prospective disadvantage and backward-looking historical entitlement approaches. In different contexts, Rawls’s own concern for the ‘social bases of self-respect’ and equal citizenship may require public endorsement of different principles or specifications of the standard of justice. Rawls’s difference principle focuses on the least advantaged socioeconomic group. I argue (...) that a historicized difference principle considers the relative standing of racial, gender, and other historically stigmatized groups; provides their members assurance by weakening incentives to manipulate justice to another group’s advantage; and may result in policies resembling reparations, though justified by forward-looking considerations of self-respect and public assurance. I then examine how disrespectful justifications were historically used to forcibly include indigenous peoples as citizens. While Rawls thinks providing citizens one package of basic liberties signals respect, indigenous self-government could better support self-respect. I invoke Rawlsian international justice, which calls for mutual respect between peoples. Indigenous peoples’ status should reflect their past and persisting peoplehood, providing assurance by weakening incentives to unjustly transform international into domestic contexts. (shrink)

While ordinary decision theory focuses on empirical uncertainty, real decision-makers also face normative uncertainty: uncertainty about value itself. From a purely formal perspective, normative uncertainty is comparable to (Harsanyian or Rawlsian) identity uncertainty in the 'original position', where one's future values are unknown. A comprehensive decision theory must address twofold uncertainty -- normative and empirical. We present a simple model of twofold uncertainty, and show that the most popular decision principle -- maximising expected value (`Expectationalism') -- has different formulations, namely (...) Ex-Ante Expectationalism, Ex-Post Expectationalism, and hybrid theories. These alternative theories recommend different decisions, reasoning modes, and attitudes to risk. But they converge under an interesting (necessary and sufficient) condition. (shrink)

Standard accounts of civil disobedience include nonviolence as a necessary condition. Here I argue that such accounts are mistaken and that civil disobedience can include violence in many aspects, primarily excepting violence directed at other persons. I base this argument on a novel understanding of civil disobedience: the special character of the practice comes from its combination of condemnation of a political practice with an expressed commitment to the political. The commitment to the political is a commitment to engaging with (...) others as co-members in the on-going political project of living together. I show how such an understanding of civil disobedience is superior to the Rawlsian strain of thought, which focuses on fidelity to law. Rawls was concerned with civil disobedience solely in the context of overriding political obligation. The project of characterizing a contestatory political practice that can be distinguished and used in a wider variety of contexts than Rawls is concerned with, including under illegitimate regimes, beyond the nation-state, or on behalf of anarchism, requires a different understanding of civil disobedience. (shrink)

Recently, there have been attempts at offering new justifications of the Rawlsian idea of public reason. Blain Neufeld has suggested that the ideal of political autonomy justifies public reason, while R.J. Leland and Han van Wietmarschen have sought to justify the idea by appealing to the value of political community. In this paper, I show that both proposals are vulnerable to a common problem. In realistic circumstances, they will often turn into reasons to oppose, rather than support, public reason. However, (...) this counterintuitive result can be avoided if we conceive of autonomy and community differently. (shrink)

The purpose of this paper is to provide a justification of punishment which can be endorsed by free will skeptics, and which can also be defended against the "using persons as mere means" objection. Free will skeptics must reject retributivism, that is, the view that punishment is just because criminals deserve to suffer based on their actions. Retributivists often claim that theirs is the only justification on which punishment is constrained by desert, and suppose that non-retributive justifications must therefore endorse (...) treating the people punished as mere means to social ends. Retributivists typically presuppose a monolithic conception of desert: they assume that action-based desert is the only kind of desert. But there are also personhood-based desert claims, that is, desert claims which depend not on facts about our actions, but instead on the more abstract fact that we are persons. Since personhood-based desert claims do not depend on facts about our actions, they do not depend on moral responsibility, so free will skeptics can appeal to them just as well as retributivists. What people deserve based on the mere fact of their personhood is to be treated as they would rationally consent to be treated if all they had in view was the mere fact of their personhood. We can work out the implications of this view for punishment by developing a hypothetical consent justification in which we select principles of punishment in the Rawlsian original position, so long as we are careful not to smuggle in the retributivist assumption that it is under our control whether we end up as criminals or as law-abiding citizens once we raise the veil of ignorance. (shrink)

Intractable political disagreements threaten to fracture the common ground upon which we can build a political community. The deepening divisions in society are partly fueled by the ways social media has shaped political engagement. Social media allows us to sort ourselves into increasingly likeminded groups, consume information from different sources, and end up in polarized and insular echo chambers. To solve this, many argue for various ways of cultivating more responsible epistemic agency. This chapter argues that this epistemic lens does (...) not reveal the complete picture and therefore misses a form of moral respect required to reestablish cooperation across disagreements in a divided society. The breakdown of discourse online provides renewed reasons to draw out not an epistemic but a moral basis for political cooperation among diverse citizens—one inspired by Rawlsian political liberalism. We need ways to cultivate mutual respect for our fellow citizens in order to reestablish common moral ground for political debate. (shrink)

There is widespread agreement among both supporters and opponents that affirmative action either must not violate any principle of equal opportunity or procedural justice, or if it does, it may do so only given current extenuating circumstances. Many believe that affirmative action is morally problematic, only justified to the extent that it brings us closer to the time when we will no longer need it. In other words, those that support affirmative action believe it is acceptable in nonideal theory, but (...) not ideal theory. This paper argues that affirmative action is entirely compatible with equal opportunity and procedural justice and would be even in an ideal world. I defend a new analysis of Rawlsian procedural justice according to which it is permissible to interfere in the outcomes of procedures, and thus I show that affirmative action is not morally problematic in the way that many have supposed. (shrink)