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

_A Brief History of Analytic Philosophy: From Russell to Rawls_ presents a comprehensive overview of the historical development of all major aspects of analytic philosophy, the dominant Anglo-American philosophical tradition in the twentieth century. Features coverage of all the major subject areas and figures in analytic philosophy - including Wittgenstein, Bertrand Russell, G.E. Moore, Gottlob Frege, Carnap, Quine, Davidson, Kripke, Putnam, and many others Contains explanatory background material to help make clear technical philosophical concepts Includes listings of suggested further readings (...) Written in a clear, direct style that presupposes little previous knowledge of philosophy. (shrink)

The Last Gift is an observational HIV cure-related research study conducted with people with HIV at the end of life (EOL) at the University of California San Diego. Participants agree to voluntarily donate blood and other biospecimens while living and their bodies for a rapid research autopsy postmortem to better understand HIV reservoir dynamics throughout the entire body. The Last Gift study was initiated in 2017. Since then, 30 volunteers were enrolled who are either (1) terminally ill with a concomitant (...) condition and have a prognosis of 6 months or less or (2) chronically ill with multiple comorbidities and nearing the EOL.Multiple ethical and logistical challenges have been revealed during this time; here, we share our lessons learnt and ethical analysis. Issues relevant to healthcare research include surrogate informed consent, personal and professional boundaries, challenges posed conducting research in a pandemic, and clinician burnout and emotional support. Issues more specific to EOL and postmortem research include dual roles of clinical care and research teams, communication between research personnel and clinical teams, legally required versus rapid research autopsy, identification of next of kin/loved ones and issues of inclusion. Issues specific to the Last Gift include logistics of body donation and rapid research autopsy, and disposition of the body as a study benefit.We recommend EOL research teams to have clear provisions around surrogate informed consent, rotate personnel to maintain boundaries, limit direct contact with staff associated with clinical care and have a clear plan for legally required versus research autopsies, among other recommendations. (shrink)

Climate change and other global environmental problems constitute a significant challenge to contemporary political philosophy, especially with respect to complacency. This paper assesses Rawls? theory, and argues for three conclusions. First, Rawls does not already solve such problems, and simple extensions of his theory are unlikely to do so. This is so despite the rich structure of Rawls? philosophy, and the appeal of some of its parts. Second, the most promising areas for extension ? the circumstances of justice, the duty (...) to maintain and promote just institutions, and his vision of social development ? are those that have not yet been explored. Third, unfortunately, Rawls? views on these topics are both seriously underdeveloped, and largely stipulative. Hence, in trying to meet climate change, Rawlsians are more likely to add new theories to Rawls, and perhaps even to transform his original account, than to generate an approach ?from the inside out? (shrink)

Perhaps the most salient feature of Rawls's theory of justice which at once attracts supporters and repels critics is its apparent egalitarian conclusion as to how economic goods are to be distributed. Indeed, many of Rawls's sympathizers may find this result intuitively appealing, and regard it as Rawls's enduring contribution to the topic of economic justice, despite technical deficiencies in Rawls's contractarian, decision-theoretic argument for it which occupy the bulk of the critical literature. Rawls himself, having proposed a “coherence” theory (...) of justification in metaethics, must regard the claim that his distributive criterion “is a strongly egalitarian conception” as independently a part of the overarching moral argument. The alleged egalitarian impact of Rawls's theory is crucial again in normative ethics where Rawls is thought to have developed a major counter-theory to utilitarianism, one of the most popular criticisms of which has been its alleged inadequacy in handling questions of distributive justice. Utilitarians can argue, however, as Brandt recently has, that the diminishing marginal utility of money, along with ignorance of income-welfare curves, would require a utility-maximizing distribution to be substantially egalitarian. The challenge is therefore for Rawls to show that his theory yields an ethically preferable degree of equality. (shrink)

BackgroundOne of the next frontiers in HIV research is focused on finding a cure. A new priority includes people with HIV (PWH) with non-AIDS terminal illnesses who are willing to donate their bodies at the end-of-life (EOL) to advance the search towards an HIV cure. We endeavored to understand perceptions of this research and to identify ethical and practical considerations relevant to implementing it.MethodsWe conducted 20 in-depth interviews and 3 virtual focus groups among four types of key stakeholders in the (...) United States (PWH, biomedical HIV cure researchers, HIV clinicians, and bioethicists) to obtain triangulated viewpoints because little was known about the ethics of this topic. Each group was queried as to ethical considerations, safeguards, and protections for conducting HIV cure-related research at the EOL to ensure this research remains acceptable.ResultsAll four key stakeholder groups generally supported HIV cure-related research conducted at the EOL because of the history of altruism within the PWH community and the potential for substantial scientific knowledge to be gained. Our informants expressed that: (1) Strong stakeholder and community involvement are integral to the ethical and effective implementation, as well as the social acceptability of this research; (2) PWH approaching the EOL should not inherently be considered a vulnerable class and their autonomy must be respected when choosing to participate in HIV cure-related research at the EOL; (3) Greater diversity among study participants, as well as multi-disciplinary research teams, is necessitated by HIV cure-related research at the EOL; (4) The sensitive nature of this research warrants robust oversight to ensure a favorable risk/benefit balance and to minimize the possibility of therapeutic misconception or undue influence; and (5) Research protocols should remain flexible to accommodate participants’ comfort and needs at the EOL.ConclusionBecause of the ethical issues presented by HIV cure-related research at the EOL, robust ethical safeguards are of utmost importance. The proposed ethical and practical considerations presented herein is a first step in determining the best way to maximize this research’s impact and social value. More much inquiry will need to be directed towards understanding context-specific and cultural considerations for implementing EOL HIV cure research in diverse settings. (shrink)

This centenary volume of essays explores a number of related themes which differentiate and characterize the approach of the LSE. Central to this, is the assumption that law is one of the social sciences and that law should be studied "in context" as a social phenomenon. The contributors have been chosen both for their distinction and for their connection with the LSE, and include such eminent figures as Mrs Justice Arden, Judge Rosalyn Higgins, Sir Stephen Sedley, and Roberto Mangabeira (...) Unger. The essays focus on three main subject areas: Law and Economy; Dimensions of Law; and Courts and Process which are discussed against the broader canvas of the School's approach to Law. Thus, Comaroff, Cohen, Unger and Teubner adopt an interdisciplinary approach to the subject, stressing both legal and social theory, while the contributions of Cranston, Cornish and others stress an internationalist approach. A characteristic LSE focus on the dynamic nature of law runs through the work of Collins, Higgins and Lord Wedderburn, while a reformist tradition is explored alongside the introduction of new legal subjects into the curriculum. Fascinating and thought provoking, this volume is an accesible summary of current thought and debate presented by today's leading scholars and practioners. Law, Society and Economy will be of enduring interest to scholars and practioners worldwide, akin to Ginsberg's celebrated and widely cited volume of essays which marked the School's fiftieth anniversary. (shrink)

In these essays Stephen White examines the forms of psychological integration that give rise to self-knowable and self-conscious individuals who are responsible, concerned for the future, and capable of moral commitment. The essays cover a wide range of basic issues in philosophy of mind, metaphysics, moral psychology, and political philosophy, providing a coherent, sophisticated, and forcefully argued view of the nature of the self. Beginning with mental content and ending with Rawls and utilitarianism, each essay argues a distinctive line. (...) Together they are a unified and powerful philosophical position of considerable scope, one that provides a unique vision of the mind, consciousness, personhood, and morality. White argues that the unity of the self revealed in personal identity and moral responsibility is best understood in normative terms. Basic to such features of the self are the patterns of self-concern in which they are characteristically displayed and the internal justification that supports such concern. The treatment of intentionality and consciousness that grounds this account emphasizes privileged selfknowledge and practical rationality and their corresponding contributions to the unity of the self. A final source of unity emerges from the analysis of our fundamental commitments, an analysis that ensures a central place in moral theory for the notion of the self. (shrink)

Theories of economic justice are characteristically based on abstract ethical concerns often unrelated to practical distributive results. Two decades ago, Rawls's theory of justice began as a reaction against the alleged ‘sacrifices’ condoned by utilitarian theory. One variant of this objection is that utilitarianism permits gross inequalities, severe deprivations of individual liberty, or even the enslavement of society's least well-off individuals. There are, however, more subtle forms of the objection. In Rawls, it is often waged without any claim that utilitarianismdoesin (...) fact imply such gross deprivations in actual realworld circumstances. A second variant hinges, rather, on the milder claim that utilitarianismcouldcondone such deprivations or sacrifices in somepossibleworld—the objection being that utilitarianism improperly makes justice contingent, or uncertain, in this way. A third, still more abstract, variant would be that utilitarianism is flawed—not because of any practical distributive result, actual or hypothetical, but intheory—due to the way it treats individuals' interests, or the ‘concept of persons’ it presupposes. (shrink)

The Ideal of Rationality presents an evaluation of all the main varieties of rationalism, in clear and jargon-free language. Different notions of rationality - such as means-end, conception, hedonism, and the evil-avoidance view - are examined and rejected, in favor of the theory that to act rationally is to 'act for the best', a theory Nathanson characterizes as "critical pluralism". Among present-day thinkers whose ideas are scrutinized are Richard Brandt, Bernard Gert, Gilbert Harman, John Kekes, Robert Nozick, Karl Popper, and (...) John Rawls. (shrink)

Socially and politically significant Muslim communities are posing a challenge to the public spheres of Western Europe: can public reason in a liberal democracy be so conceived as to accommodate the religious reasons of Muslims and other religiously motivated citizens? This question, often discussed from the perspective either of political philosophy or of particular religious traditions, is addressed here instead by drawing on the theory and practice of inter-religious dialogue. The dialogue movement known as ‘scriptural reasoning’ is analysed for its (...) potential to provide a way of conceptualising the nature of reasoning in the public sphere. ‘Reasoning with texts’, it is argued, is a way of describing much of the reasoning that takes place within the public sphere and not just religious reasoning. This approach to understanding public reasoning is established through a combination of example and theory. A model of communicative hermeneutics as public reason based on an textual rationality is proposed. As well as providing space for textually based religious arguments, this textual imagination can be situated alongside and complement postmodern developments of Jürgen Habermas’s conception of the public sphere. Whilst this approach to reasoning in the public sphere initially appears very different from the classic statement of the idea of public reason in John Rawls’s political liberalism, it is shown to have significant continuity with Rawls’s theory when this is viewed through the lens of the Supreme Court as exemplar of public reason. This highest level of public reason involving legislation is also a form of reasoning with texts. But in order for religious and more popular levels of public discourse and deliberation to impact on the political and legislative processes, these too must be conceived as modes of reasoning having some continuity with higher levels of public reasoning. It is such continuity that this thesis seeks to theorise. (shrink)

The article responds to previous work, by Martin O’Neill, about the Rawlsian case for an entitlement to an element of workplace democracy. Of the three arguments for such an entitlement that O’Neill discusses, this article focuses mainly on the one he rejects (on the grounds of its having an implausible premise): the Fundamental Liberties Argument, according to which the right to an element of workplace democracy is a basic liberty. This article argues that while the argument can be improved to (...) withstand O’Neill’s objection, it is invalid. The article sets out a new argument, the Argument from Risk to the Moral Powers. While inspired by the Fundamental Liberties Argument, it is valid. Moreover, its premises are at least as plausible as those of one of the two arguments upon which O’Neill builds his Rawlsian case for an entitlement to an element of workplace democracy. (shrink)

This book traces the progress of the liberal/communitarian debate. Beginning with an account of John Rawls's A Theory of Justice, d it goes on to provide clear presentations of the work of the main communitarians - Michael Sandel, Alisdair MacIntyre, Charles Taylor and Michael Walzer. Clear and accessible in style, with a guiding agenda of themes and issues, this book is an indispensable aid to students of contemporary political theory.

Stephen Ward argues that present media practices are narrowly based within the borders of single country and thus unable to successfully inform the public about a globalized world. Presenting an ethical framework for work in multimedia, the author extends John Rawl’s theories of justice and the human good to redefine the aims for which journalism should strive and then applies this new foundation to issues such as the roles of patriotism and objectivity in journalism. An innovative argument that presents (...) a necessary corrective to contemporary media practices, Global Journalism Ethics is a theoretically rich study for journalists on the air, in print, and on the internet. (shrink)

Robert Veatch and others have questioned whether there are internal moral rules of medicine. This paper examines the legal regulatory model for governing professions as the autonomous exercise of professional skills and asks whether there is a theoretical basis for this model. Taking John Rawls’s distinction between the justification of a practice and justification of the rules internal to the practice, this paper argues that the autonomous exercise of professional skills is justified so long as it benefits society. In opposition (...) to Christopher Boorse, it is argued that medicine is pathocentric and that physicians exercise skills in treating pathologies. The autonomous treatmentof pathologies is justified because non-interference with physicians will lead to greater treatment of pathologies and so benefit society. Finally, the analysis of medicine as the autonomous exercise of skills in treating pathologies yields the rule that physicians not be forced to cause pathologies. (shrink)

Much of the world will be living in broadly "liberal" societies for the foreseeable future. Sustainability and security, however defined, must therefore be considered in the context of such societies, yet there is very little significant literature that does so. Indeed, much ecologically-oriented literature is overtly anti-liberal, as have been some recent responses to security concerns. This book explores the implications for sustainability and security of a range of intellectual perspectives on liberalism, such as those offered by John Rawls, Robert (...) Nozick, Frederick Hayek, Ronald Dworkin, Michael Oakeshott, Amartya Sen and Jrgen Habermas. (shrink)

The publication of John Rawls’ A Theory of Justice in 1971 coincided with a complex set of changes in the political situation of the west, the role of intellectuals, the state of the social sciences and humanities, and in the development of the welfare state itself. These changes provided the conditions for the creation of a body of thought quite different from the one the sixties had produced, and a significant change from the discipline-dominated thinking of the period after the (...) Second World War. The immediately relevant events included the effective demise of Parsons’ systems theory, the waning of the passions of 1968, and an enrollment crisis in universities’ humanities and social science departments as economic fear drove students into professional programs, creating a sharp downturn in demand for faculty. The optimism that had characterized disciplines in these fields during the 1960s quickly faded. The idea that sociology was soon to become a “science,” the source of the positivism dispute of the sixties, faded along with it. Logical Positivism as a coherent movement collapsed under the weight of the problems of the theory-observation distinction. At the same time Political Theory, which had been taught largely as an historical study – a history of error, as Leo Strauss described the standard textbook of the time, George Sabine’s A History of Political Theory, or as a continuation of the mood of Kulturpessimismus, as in the writings of Sabine’s critic, Leo Strauss – revived, partly in response to the stimulus from the success of Rawls, partly in response to new ideas about participatory democracy rooted in the experience of the sixties. Social theory also changed: the role that Parsons had played as a focus of theoretical discussion was replaced; the work of Ju˝rgen Habermas, particularly his Theory of Communicative Action, reassessed and re-appropriated the classical theoretical tradition in social theory to replace Parsons’ synthetic account, and this work coincided with a systematic reconsideration of the classic social theorists, especially Weber. An additional source of new thinking came from the “dependent” periphery, as thinkers such as Ernesto Laclau and Chantal Mouffe, which emancipated Socialist theory from received dogmas about class struggle and recognized the centrality of other antagonisms and the need for open democracy. (shrink)

We characterize, more precisely than before, what Rawls calls the “analytical” method of drawing up a list of basic liberties. This method employs one or more general conditions that, under any just social order whatever, putative entitlements must meet for them to be among the basic liberties encompassed, within some just social order, by Rawls’s first principle of justice (i.e., the liberty principle). We argue that the general conditions that feature in Rawls’s own account of the analytical method, which employ (...) the notion of necessity, are too stringent. They ultimately fail to deliver as basic certain particular liberties that should be encompassed within any fully adequate scheme of liberties. To address this under-generation problem, we provide an amended general condition. This replaces Rawls’s necessity condition with a probabilistic condition and it appeals to the standard liberal prohibition on arbitrary coercion by the state. We defend our new approach both as apt to feature in applications of the analytical method and as adequately grounded in justice as fairness as Rawls articulates the theory’s fundamental ideas. (shrink)

“[T]he Precautionary Principle still has neither a commonly accepted definition nor a set of criteria to guide its implementation. “There is”, Freestone … cogently observes, “a certain paradox in the widespread and rapid adoption of the Precautionary Principle”: While it is applauded as a “good thing”, no one is quite sure about what it really means or how it might be..

Contract theories – such as contractarianism and contractualism - seek to justify (and sometimes to explain) moral and political ideals and principles through the notion of “mutually agreeable reciprocity or cooperation between equals” (Darwall 2002). This chapter argues that such theories face fundamental difficulties in the intergenerational setting. Most prominently, the standard understanding of cooperation appears not to apply, and the intergenerational setting brings on a more severe collective action problem than the traditional prisoner’s dilemma. Mainstream contract theorists (such as (...) Gauthier and Rawls) have tried to overcome such difficulties by postulating some kind of chain of connection between generations. However, the chapter maintains that thus far such attempts have proven inadequate. Given this, it seems either that mainstream contract theory needs to be rethought, or that a new, specifically intergenerational, contract theory is needed. (shrink)

The paper examines a specific charge against Rawls's political liberalism, namely that the manner in which it uses the notion of reasonableness renders it a form of secular fundamentalism. The paper begins with an examination of what Rawls means by his notion of ‘the reasonable’ and briefly outlines its role in his version of political liberalism. This leads to a discussion of the different meanings of ‘secular fundamentalism’ and how it is specifically used in its criticism of Rawls's ‘justice as (...) fairness’. The essay then offers two arguments to show that the charge of secular fundamentalism cannot be sustained due to a deep misunderstanding of the derivation and use of the notion of reasonableness as well as the context, scope, and aims of Rawls's political liberalism in particular and the project of political liberalisms more generally. (shrink)

Are there any coherent and defensible alternatives to liberal democracy? The author examines the possibility that a reformed democratic centralism-the principle around which China's current polity is officially organized-might be legitimate, according to both an inside and an outside perspective. The inside perspective builds on contemporary Chinese political theory; the outside perspective critically deploys Rawls's notion ofa "decent society " as its standard. Along the way, the author pays particular attention to the kinds and degree of pluralism a decent society (...) can countenance, and to the specific institutions in China that might enable the realization of a genuine and/or decent democratic centralism. The author argues that by considering both inside and outside perspectives, and the degrees to which they inter-penetrate and critically inform one another, we can engage in a global philosophy that neither pre-judges alternative political traditions nor falls prey to false conceptual barriers. (shrink)

This book represents a major new statement on the issue of property rights. It argues for the justification of some rights of private property while showing why unequal distributions of private property are indefensible. Three features of the book are especially salient: it offers a challenging new pluralist theory of justification; the argument integrates perceptive analyses of the great classical theorists Aristotle, Locke, Hegel and Marx with a discussion of contemporary philosophers such as Nozick and Rawls; and the author moves (...) with assurance among philosophy, law and economics to present a very broad, interdisciplinary study. (shrink)

Stephen Kearns and Daniel Star have made the following interesting proposal concerning the relation between practical reasons and evidence : Necessarily: A fact F is a reason for you to φ iff F is evidence that you ought to φ We're not sure about this. Although moving from left to right might be OK, the converse is problematic. For example, the fact that your reliable friend told you that you have overriding moral reason to φ is ….

At his point of entry into practical philosophy, Kant remarked that just as theoretical philosophy must be grounded in a critical investigation of theoretical reason, practical philosophy must be grounded in a critical investigation of practical reason. He added, however, that the latter investigation must also exhibit practical reason’s “unity” with theoretical “in a common principle,” because “in the end there can be only one and the same reason, which must be distinguished merely in the application” (G, 4: 391). Soon (...) thereafter Kant published his critical investigation of practical reason, and in that work he drew comparisons between theoretical and practical reason and considered their relation to one another. […] But this problem presupposes the identity of reason. Only under the supposition that one and the same reason is at work in two applications could an apparent conflict between theoretical and practical reason pose a threat to unity. So before pressing forward to questions relating to unity, it may serve us well to ensure that we sufficiently comprehend reason’s identity. Kant’s fruitful insight that consciousness of the identity of the I think can yield recognition of the unity of the understanding encourages the anticipation that reflection on reason’s identity may similarly illuminate the unity of reason. (shrink)

In a passage in A Theory of Justice, which has become increasingly influential in recent years, John Rawls (1971) noted an analogy between moral phi- losophy and grammar. Moral philosophy, or at least the first stage of moral philosophy, Rawls maintained, can be thought of as the attempt to describe our moral capacity – the capacity which underlies “the poten- tially infinite number and variety of [moral] judgments we are prepared..

Using a Rawlsian approach to analyze the ethical implications of data mining within three major codes of ethics used by American marketing firms, the author argues that marketers should re-conceptualize their business conduct, as defined in their individual codes of ethics, to incorporate a Rawlsian concern for society's least advantaged members. Rawls's concept of primary goods provides the framework for the argument that anonymity, a component of privacy, is vital for consumers whose autonomy is affected by data mining. A combination (...) of practical measures, ethical guidelines, and legislative protections are recommended for minimizing concerns about data mining, while still allowing for commercial advantages provided by the practice. (shrink)

Derek Parfit's Reasons and Persons (1984) mounted a striking defense of Act Consequentialism against a Rawls-inspired Kantian orthodoxy in moral philosophy. On What Matters (2011) is notable for its serious engagement with Kant's ethics and for its arguments in support of the “Triple Theory,” which allies Rule Consequentialism with Kantian and Scanlonian Contractualism against Act Consequentialism as a theory of moral right. This critical notice argues that what underlies this change is a view of the deontic concept of moral rightness (...) that ties it closely to blameworthiness and accountability in a way that effectively concedes a Rawlsian publicity condition. It is also argued that Parfit's arguments that Kantian and Scanlonian Contractualism entail Rule Consequentialism can be resisted. Two elements of Parfit's metaethics are critically discussed. First, concerning Parfit's arguments against subjectivist theories of practical reason, it is argued that a form of subjectivist theory exists that is not only consistent with Parfit's claim that all reasons for acting are object rather than state given, but that can support that claim. Second, it is argued that Parfit's arguments against identifying normative with natural statements and facts do not transfer seamlessly to identifying normative with natural properties. (shrink)

Despite being a common phenomenon with significant consequences on our everyday life, strikes (and direct actions in general) are still relatively undertheorized in the philosophical literature. Our paper has a specific focus that is best encapsulated in a question: What is the relationship between liberalism and the right to strike? Liberalism’s cornerstone is the idea that rights and liberties of individuals are of supreme political importance. Rights and liberties, however, are not created equal. The basic liberties are those that are (...) so politically important that legal restrictions upon them are unjustified unless to protect other basic liberties within an overall scheme of liberties, such as under a bill of rights. So, our question becomes: Is the right to strike a basic liberty? Two ongoing disputes are relevant here. The ‘older’ debate concerns the status of economic liberties and their relation to the right to strike. We will focus on a ‘newer’ discussion because it poses a challenge to liberalism itself. Namely, some ‘radical’ critics of liberalism (Gourevitch, Raekstad and Rossi) have argued that there are rights that involve coercing others, exercised during strikes or engagement in other direct action, that do not qualify as liberal basic liberties and that can sometimes take normative precedence over the liberal basic liberties. This criticism, if correct, defeats liberalism. Notice, though: since the weighing of different particular basic liberties against each other in an overall scheme of liberty is integral to high liberalism, the genuine threat that the radical critique poses stems not from the second conjunct (which its proponents have defended) but from its first (which they have merely assumed). For, if (contrary to what the radical work assumes) the right to engage in coercive strike action is a liberal basic liberty then it can, at least in principle, win out over other basic liberties, within an overall scheme of liberties, in situations of prima facie moral conflict. Raekstad and Rossi extend the radical critique, beyond the case of coercive strikes, to other forms of direct action (outside of industrial disputes) that have avowedly moral or political goals. These could include workplace occupations, street blockades, hacktivism, counter-economics, tax resistance and more. In the paper we argue that the ‘radicals’ are not entitled to the assumption that the right to strike is not a liberal basic liberty. Moreover, we suggest, high liberalism has the resources to accommodate not only a general right to engage in non-coercive strike action, but also the right to engage in some forms of coercive direct action, whether as part of an industrial dispute or not. More precisely, we show that liberalism has the resources to accommodate not only (i) a general right to engage in non-coercive strike action, but also (ii) the right to engage in some forms of coercive direct action, whether (iii) as part of an industrial dispute or (iv) not. (shrink)

A variety of arguments have been advanced that deliberation should be at the center of any good political regime in which there is popular self-government. Deliberation is to be the basis for lawmaking, that is, for the making of the collectivity's binding decisions. Thus, John Rawls says, “[O]f course, actual constitutions should be designed as far as possible to make the same determinations as the ideal legislative procedure.” This procedure, in turn, is defined as having laws that result from “rational (...) legislators … who are conscientious, trying to follow the principles of justice as their standard.” These legislators “are not to take a narrow or group-interested standpoint.” Joshua Cohen broadly agrees with Rawls and characterizes Rawls's view as one that argues for a democratic politics that is built around public deliberation. Cohen says that “an ideal pluralist scheme, in which democratic politics consists of fair bargaining among groups each of which pursues its particular or sectional interest, is unsuited to a just society.” John Dryzek shares these views and comments that the “essence of democratic legitimacy should be sought … in the ability of all individuals subject to a collective decision to engage in authentic deliberation about that decision.” Others have argued along similar lines, including James Bohman, Amy Gutmann and Dennis Thompson, David Gauthier, and Jurgen Habermas. (shrink)

This paper examines two central arguments raised byfeminist theorists against the coherence andconsistency of political liberalisms, a recentrecasting of liberal theories of justice. They arguethat due to political liberalisms' uncritical relianceon a political/personal distinction, they permit theinstitution of the family to take sexist and illiberalforms thus undermining its own aims and politicalproject. Political liberalisms' tolerance of a widerange of family forms result in two fatalinconsistences. Firstly, it retards or completelyprevents women from developing the necessary politicalsense of self required for citizenship, (...) and secondly,it prevents children from acquiring the requisitepolitical virtues and sense of justice necessary forthe viability and long-term stability of such asociety. In the paper, I argue that despite theirinitial appeal these feminist criticisms are notcompelling. Firstly, they misunderstand what politicalliberalisms mean by unjust family forms, secondly,they trade on a misunderstanding of thepolitical/personal distinction and, finally, they makequestionable empirical claims about the effects of theilliberal family on a viable political conception ofjustice. (shrink)

The prelims comprise: Introduction: The Moral Arbitrariness of Health Status Justice as a Social Virtue Libertarian and Conservative Arguments Utilitarian Approaches to Justice in Health Care Finance Rawls' s Theory of Justice Justice and the Social Determinants of Health The Capabilities Approach International Justice and Health Conclusion References.

Within the small body of philosophical work on strikes, to participate in a strike is commonly seen as to refuse to do the job while retaining one’s claim upon it. What is the relationship, though, between liberalism and the right to strike? This is our main question.

This chapter contains sections titled: Site One: The Terms of Cooperation Site Two: Ontological “Sources” and Their Resistance to Full Articulacy Site Three: Recognizing Identity Conclusion Notes.

Why is it important for people to agree on and articulate shared reasons for just laws, rather than whatever reasons they personally find compelling? What, if any, practical role does public reason play in liberal democratic politics? We argue that the practical role of public reason can be better appreciated by examining the confluence of normative and positive political theory; the former represented here by liberal social contract theory of John Rawls and others, and the latter by rational choice or (...) game theory. Citizens in a diverse society face a practical as well as a moral problem. How can they have confidence that others will reciprocate their commitment to supporting governing principles that depart from their own ideal conceptions of truth and value in order to be reasonable to all? Citizens face a practical problem of mutual assurance that public reason helps them solve, and solve as a matter of common knowledge. The solution, on both views, requires citizens’ reciprocal commitment to basing law on a system of shared reasons. Both views place public reason at the core of liberal democratic politics in conditions of diversity, and for quite similar reasons. Our argument illustrates the complementary roles of positive and values-based analysis in constitutional design. (shrink)

Focusing on the plurality of irreconcilable conceptions of social and political justice, this book presents an array of new perspectives on the topic of distributive justice. Bringing together 30 original essays of well-established and young international scholars, the volume is essential reading for anyone interested in social and political justice.

In this paper I put forward an ethical argument for the provision of extensive patient choice by the British National Health Service. I base this argument on traditional liberal rights to freedom of choice, on a welfare right to health care, and on a view of health as values-based. I argue that choice, to be ethically sustainable on this basis, must be values-based and rational. I also consider whether the British taxpayer may be persuadable with regard to the moral acceptability (...) of patient choice, making use of Rawls’ theory of political liberalism in this context. I identify issues that present problems in terms of public acceptance of choice, and also identify a boundary issue with regard to public health choices as against individual choices. (shrink)

In this paper I outline an approach to the distribution of resources between psychotherapy modalities in the context of the UK’s health care system, using recent discussions of Cognitive Behavioural Psychotherapy as a way of highlighting resourcing issues. My main goal is to offer an approach that is just, and that accommodates the diversity of different schools of psychotherapy. In order to do this I draw extensively on the theories of Justice and of Political Liberalism developed by the late John (...) Rawls, and adapt these to the particular requirements of psychotherapy resourcing. I explore some of the implications of this particular analysis, and consider how the principles of Rawlsian justice might translate into ground rules for deliberation and decision-making. (shrink)