A fundamental tension exists between Rawls's ideal Kantian conception of justice as fairness (JAF), which requires respecting people as ends, and his realistic non-Kantian consequentialist conception of a supreme emergency in a just war. By justifying the targeting of objectively innocent noncombatants during a supreme emergency exception, Rawls allows for treating them as means only. Hence, his appeal to a supreme emergency is insufficient to avoid this tension. First, since for him JAF is ideal (...) but also practical, one might argue that his fictional people in the original position must reflect on the justification for using force on behalf of JAF. And second, since Rawls justifies targeting objectively innocent people during a supreme emergency exemption, he justifies what one might conceive of as emergency terrorism. Emergency terrorism, however, treats people as means only. Therefore, Rawls's Kantian conception of JAF is in tension with his consequentialist justification of a supreme emergency in a just war and hence with emergency terrorism. (shrink)

Background. The COVID-19 pandemic necessitated drastic changes to undergraduate medical training at the University of Botswana (UB). To save the academic year when campus was locked down, the Department of Medical Education conducted a needs assessment to determine the readiness for emergency remote teaching (ERT) of the Faculty of Medicine, UB. Objectives. To report on the findings of needs assessment surveys to assess learner and teaching staff preparedness for fair and just ERT, as defined by philosopher John Rawls. (...) Methods. Needs assessment surveys were conducted using Office 365 Forms distributed via WhatsApp, targeting medical students and teaching staff during the 5 undergraduate years. Data were analysed quantitatively and qualitatively. Results. Ninety-two percent (266/289) of students and 73.5% (62/84) of teaching staff responded. Surveys revealed a high penetration of smartphones among students, but poor internet accessibility and affordability in homes. Some teaching staff also reported internet and device insufficiencies. Only WhatsApp was accessible to students and teaching staff. Conclusions. For equitable access to ERT in the future, the surveys revealed infrastructural improvement needs, including wider, stronger, affordable WiFi coverage within Botswana and enhanced digital infrastructures in educational institutions, with increased support for students. (shrink)

The articles reviews the problem of humanitarian terrorism that is a terrorism of self-proclaimed humanitarian goals and self-inflicted constraints. This type of terrorism justifies itself by lofty aspirations and claims that its actions are targeted killings of guilty individuals only. This terrorism is the product of the Enlightenment, it emerged by the end of the 18th century and passed three stages in its development. The first stage is the classical terror of the Jacobins 1793–1794. The second one is Russian revolutionary (...) terror of the end of the 19th – early 20th centuries. The third stage is the contemporary American warfare waged by the unmanned aerial vehicles, called drones. From the perspective of the contemporary just war theory, this terrorism is not only morally superior to the ordinary primitive terrorism of straightforward attacks on civilians (this terrorism may be no less fair in terms of self-imposed goals, but is doubtful in terms of means), but even contemporary war. Terrorists of this type kill the few but teach a lesson to many. But it must be clearly born in mind that humanitarian terrorism is not only the summit of just war but also the summit of absolute war. It is founded in personal and individual enmity, which makes the core of absolute enmity. Absolute enmity may at times be inevitable and even justified, but it blocks the road to peace. Revengeful spite, stemming from absolute enmity, is capable of creating its own phantoms of justice, propelling the war. The author concludes that the vicious circle is thus completed. The logic of just war drags in the direction humanitarian terrorism, humanitarian terrorism drags in the mire of absolute enmity. Absolute enmity proclaims just war. (shrink)

This essay applies the principle of justice as fairness to the issue of same-sex marriage. I will outline Rawls’s theory of justice, including the original position and the veil of ignorance as the means by which choosers craft a just state. In considering whether same-sex marriage should be permissible, I argue that a just society, formulated in the Rawlsian context of justice as fairness, should allow them. I assert that gays and lesbians do (...) count as equal citizens because they possess the minimum requirements of the capacity for a sense of justice, a conception of the good, and the ability to be cooperating members of society. Furthermore, within the original position gays and lesbians will be represented because choosers do not know their sexual orientation because it is one of the individual characteristics that are withheld behind the veil. Since the choosers do not know their sexual orientation, they will be unable to use that information in their construction of what counts as a just state comprised of free and equal citizens. Because the family, and the institution of marriage as a primary manifestation of the family, is one of the major social institutions within the basic structure, limitations must be carefully scrutinized. (shrink)

Are today’s wars different from earlier wars? Or do we need a different ethics for old and new wars alike? Unlike most books on the morality of war, this book rejects the ‘just war’ tradition, proposing a virtue ethics of war to take its place. Like torture, war cannot be justified. This book asks and answers the question: “If war is a very great evil, would a leader with courage, justice, compassion, and all the other moral virtues ever (...) choose to fight a war?” A ‘philosophy of co-existence’ is proposed which is much more restrictive than just war theory but not pacifist. War can be correctly chosen by a virtuous leader only in rare ‘supreme emergencies’ when faced with enemies as evil as Hitler. This virtue ethics approach to war is used to find new answers to difficult issues such as humanitarian intervention, terrorism and weapons of mass destruction. (shrink)

In this essay I argue that Rawls does not establish the priority of the right over the good, and that his notion of the original position creates more problems than it solves. I further argue that Rawls, even in his recent proposal for an overlapping consensus, misdiagnoses the problems of modern society and our capacity for justice. I suggest that what we need is not so much theories of justice or methods to abstract from conceptions of the good (...) as discriminating patterns to judge whether, and to what extent, our institutions are sustaining or corroding our social practices that might serve justice and/or make us more just people. (shrink)

This paper tries to reconcile reciprocity with a fundamentally 'subject-centred' ethic by interpreting the reciprocity condition as a consequence of the fact that justice is in part a relational value. Duties of egalitarian distributive justice are not grounded on the duty to reciprocate benefits already received, but limited by a reasonable assurance of compliance on the part of those able to reciprocate, because their point is to constitute a valuable relationship, one of mutual recognition as equals. We have (...) unconditional duty to help establish just global institutions, institutions which would allow us to share fairly in the burdens and benefits of global economic cooperation, but no unilateral duty to share fairly, where such institutions are not in place. Since non-contribution on the part of those unable to contribute involves no failure of recognition, the disabled do not fall outside the scope of distributive justice. (shrink)

The purpose of the present article is to explicate John Rawls’s views on war as they are scattered across several of his writings. Three claims are made: (1) Rawls is generally a just war theorist who usually argues against the “realist” view of war; (2) Under the influence of Michael Walzer, however, Rawls ends up making an illadvised concession to the realist view concerning conditions of “supreme emergency”; and (3), despite Rawls’s blend of just war theory/realism, the (...) logic of his theory of justice and his political liberalism should push him in the opposite direction toward a blend of just war theory/pacifism. (shrink)

This book continues and revises the ideas of justice as fairness that John Rawls presented in _A Theory of Justice_ but changes its philosophical interpretation in a fundamental way. That previous work assumed what Rawls calls a "well-ordered society," one that is stable and relatively homogenous in its basic moral beliefs and in which there is broad agreement about what constitutes the good life. Yet in modern democratic society a plurality of incompatible and irreconcilable doctrines--religious, philosophical, and moral--coexist (...) within the framework of democratic institutions. Recognizing this as a permanent condition of democracy, Rawls asks how a stable and just society of free and equal citizens can live in concord when divided by reasonable but incompatible doctrines? This edition includes the essay "The Idea of Public Reason Revisited," which outlines Rawls ' plans to revise _Political Liberalism,_ which were cut short by his death. "An extraordinary well-reasoned commentary on _A Theory of Justice_...a decisive turn towards political philosophy." --_Times Literary Supplement_. (shrink)

This paper will investigate one of the main critiques of Rawlsian thought that emerged in the aftermath of the publication of A Theory of Justice in 1971, namely the communitarian critique by Michael Sandel. According to Sandel, Rawls starts from a radically disembodied subject, a unity of the self, from a human subject as a sovereign agent of choice, a creature whose ends are chosen rather than given. In Sandel's view, the original position is not a contract, but the (...) realization of an intersubjective being.Against Sandel's reading, this paper will argue that the parties in the original position are not the affirmation of a liberal, individualized subject, because they are neither thought of as real persons nor as future persons, just as they do not represent who people really are or their true selfs. The idea is that justice as fairness is based on a normative conception of citizens as free and equal moral persons but does not presuppose any metaphysical conception of person. Thus, it will be argued that from the later works of A Theory of Justice – with the change in the Rawlsian perspective of people, highlighting the two moral powers (rationality and reasonableness), and the idea of full autonomy (belonging to the citizens of the well-ordered society) – the communitarian critiques of Rawls' thought fall definitively to the ground. (shrink)

The purpose of this paper is to expose a problem of application in John Rawls’ theory of justice. An examination of his treatment of the application of his principles in A Theory of Justice reveals an insensitivity toward the proper representation of minorities and women. This problem, which is rooted in Rawls’ conception of the relevant social position is not properly addressed by him, yet is grounded in inconsistencies which undermine the just practical implementation of his theory. (...) A provisional solution to this problem is to provide the original position with historical information, as well as to place within its jurisdiction the application of the two principles of justice. (shrink)

The ideal model of a just society defended by John Rawls entails the existence of certain institutions—those that form the basic structure of society—that guarantee citizens' basic rights and liberties, equality of opportunity, and access to material resources. Such a model also presupposes a certain account of reasonable citizenship. In particular, reasonable citizens will have a set of moral capacities and dispositions and will voluntarily support just institutions. According to Rawls, the need for such citizens is related to (...) the following important consideration in favor of a normative theory of justice: that it be stable. That is, such a theory must be capable of generating its own support over time. This means that it has to be possible for citizens to come to endorse the theory's principles of justice, integrating them into their personal conceptions of the good life. Rawls explicitly draws attention to the stability requirement on ideal theories of justice. Somewhat surprisingly, when Rawls explains how a widespread and deep moral consensus on the principles of justice might be generated in actual societies—a problem that is closely related to the issue of how such consensus could be maintained over time—he pays very little attention to the potential contribution of schools to the production of reasonable citizens. This neglect can be explained, in part, by his confidence that the functioning of just institutions will spontaneously generate, in citizens who live under them, the necessary support for principles of justice and will encourage the development and exercise of the virtues characteristic of reasonable citizens. But this confidence seems misplaced. (shrink)

Large-scale land acquisitions (LaSLA), otherwise ‘land grabbing’ in Sub-Saharan Africa (SSA), raise difficult normative questions the current literature does not sufficiently explore. LaSLA is associated with development opportunities; however, it also threatens the well-being of local people because of displacement and dispossession. To investigate the processes and outcomes for LaSLA to be considered as ‘just and fair,’ we evaluate the impacts of a LaSLA project on local livelihoods in Tanzania. Specifically, we apply John Rawls’ Theory of Justice to (...) the project and compare the results with empirical insights gained from our fieldwork. We find that LaSLA has the potential to improve the living standards of local people, we cannot consider LaSLA as just and fair because it contradicts Rawls’s principles of justice and deteriorates the livelihoods of local people. Our findings suggest that it is critical to scrutinize LaSLA investments, involve local people in decision-making, and build the capacity of host governments to negotiate better LaSLA deals. (shrink)

This book continues and revises the ideas of justice as fairness that John Rawls presented in _A Theory of Justice_ but changes its philosophical interpretation in a fundamental way. That previous work assumed what Rawls calls a "well-ordered society," one that is stable and relatively homogenous in its basic moral beliefs and in which there is broad agreement about what constitutes the good life. Yet in modern democratic society a plurality of incompatible and irreconcilable doctrines -- religious, philosophical, (...) and moral -- coexist within the framework of democratic institutions. Recognizing this as a permanent condition of democracy, Rawls asks how a stable and just society of free and equal citizens can live in concord when divided by reasonable but incompatible doctrines? This edition includes the essay "The Idea of Public Reason Revisited," which outlines Rawls' plans to revise _Political Liberalism,_ which were cut short by his death. "An extraordinary well-reasoned commentary on _A Theory of Justice_...a decisive turn towards political philosophy." -- _Times Literary Supplement_. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Why Political Liberalism? On John Rawls’s Political Turn by Paul WeithmanMatthew ArboWhy Political Liberalism? On John Rawls’s Political Turn Paul Weithman New York: Oxford University Press, 2010. 379 pp. $65.00In Why Political Liberalism? Paul Weithman takes a bifocal look at political liberalism in the Rawlsian tradition. First he interrogates the rationale for John Rawls’s “political turn” from A Theory of Justice to Political Liberalism. Second, he explores (...) the viability of political liberalism in contemporary Western societies. The soundness of the former—the logic of Rawls’s argument, that is—validates the workability of the latter. Weithman argues that the monumental turn in Rawls’s thought is based first on his dissatisfaction with how Theory of [End Page 203] Justice treated the principle of stability, failing as it did to show that “members of a [well-ordered society] would all judge it good to preserve their ‘firm good will’” (369). Liberalism emerged as a potential answer to the question of stability by further elaborating the criteria for fairness and reasonableness in a civil society composed of citizens desirous of justice and who maintain for themselves a “sense” of justice. Weithman affirms Rawls’s explanation of how the virtue of justice is displayed in fairness and reasonableness. Just how monumental this shift turns out to be, however, depends a great deal on how compelling one finds “justice as fairness” to be.In recent decades, reasonable doubts have been expressed over the viability of Rawls’s liberal dictum: whether liberty and equality are mutually reinforcing or parasitic, or whether fairness is too morally opaque to shoot for as a political ideal. Weithman seems to believe the principle sound; it is, after all, merely a descriptive explanation of how justice is upheld politically, not a prescriptive project. Rawls concerned himself with the stability and endurance of political liberalism and with how to achieve fair and rational equilibrium. Why Weithman believes the project of Rawlsian liberalism to be fruitful, or at least philosophically successful, is due at least in part to its repeated appeal to reasonableness—that is, the rational promotion of equal liberty for all citizens. Political liberalism, as a theory, affirms and encourages all that the West values in civil society: We must desire and actively support justice for it to be preserved.This book is intended primarily for Rawls scholars. Weithman assumes his reader to have “fairly sophisticated” acquaintance with Rawls’s major theories and texts, and thus also assumes proficiency in symbolic logic and analytic methods. Weithman furnishes a way around this demand for analytic aptitude from all readers, however, by inviting those “uninterested in textual exegesis” and “content with a general understanding” of why Rawls made his turn to “read selectively” from chapters 3 through 9 (15). Be that as it may, all eleven chapters of this text are dense, rigorous, and tightly argued—standard industry practice in contemporary analytic philosophy. If one can also forebear the methodological vices of analytic philosophy, its propensity for tedious detail and narrowness, then one will eventually enjoy unexpected clarity on the subject under consideration. It will be of value to scholars with interests in the development of Rawlsian thought, the conditions for the possibility of political liberalism, and theories of justice Rawls’s account of liberalism seeks to elucidate.I doubt one unconvinced by Rawls’s political vision will undergo intellectual conversion upon reading Weithman’s Why Political Liberalism?, but that is not the point. His aim is to defend Rawls’s political turn and the project of political liberalism broadly construed. Defense of the former is done rather successfully; defense of the latter may require more voices than Weithman’s. [End Page 204]Matthew ArboUniversity of EdinburghCopyright © 2013 Society of Christian Ethics... (shrink)

I suggest that the social justice issues raised by Internet regulation can be exposed and examined by using a methodology adapted from that described by John Rawls in 'A Theory of Justice'. Rawls' theory uses the hypothetical scenario of people deliberating about the justice of social institutions from the 'original position' as a method of removing bias in decision-making about justice. The original position imposes a 'veil of ignorance' that hides the particular circumstances of individuals from (...) them so that they will not be influenced by self-interest. I adapt Rawls' methodology by introducing an abstract description of information technology to those deliberating about justice from within the original position. This abstract description focuses on computing devices that users can use to access information and information networks that information devices use to communicate. The abstractness of this description prevents the particular characteristics of the Internet and the computing devices in use from influencing the decisions about the just use and regulation of information technology and networks. From this abstract position, the principles of justice that the participants accept for the rest of society will also apply to the computing devices people use to communicate, and to Internet regulation. (shrink)

Marx and Rawls seems to have a very different concept of justice. Marx argued that the concept of justice functions in the performance of the dominant ideological mode of production required for the conduct, as universally binding legal code. Rawls is argued that justice is the first virtue of social institutions, its law may be recognized by all such people: they are fair and reasonable to discuss the issue is how to equitably divide among themselves the burden (...) of social cooperation and interests. Although embodied in Marx and Rawls an important difference between the various positions still exist, but I believe that the concept of justice is obviously two different positions, is able to reconcile. Despite the different effects of Hegel and Kant, Marx and Rawls's view can still show the same place. In a clear political concept of justice, Rawls believes that acceptable principles of justice, must be in the social system can be implemented. This led to his "Kantian constructivism", close to Hegel's view, at this point, Marx laid him on the universal, social rejection of a priori principles of justice. I believe that both Marx and Rawls are asked, and what can be seen as a social system to achieve the principles of justice as fairness. However, during which there are two important differences. First, Marx's vision, seems to be a Hume and Rawls beyond the so-called "environmental justice" society, while Rawls , the social environment beyond the justice is utopian. Secondly, Marx believed that, as the social basis of market relations should be exceeded, because the relationship between these markets to include the producers of natural and social process of production of the products of labor and social alienation. Although environmental justice in the society beyond the market's demise may be, Rawls was declared to be a just solution in the competitive demands of any society, the demise of the market are not. I believe that, if Marx's rejection of the market, as a fundamental denial "commodity fetishism", then the position of Marx and Rawls will be able to reconcile. The author concludes that, in addition to Marx's concept of the future classless society with the ideal ingredients, capitalism and the market in the concept of justice, Marx and Rawls's position is very close. Man and Raids appear to have quite different views at justice. Marx claims that the concept of justice functions ideologically to represent conduct required by the prevailing mode of production as universally binding imperatives. Rawls claims that justice is the first virtue of society, whose principles may be agreed to by all persons who impartially and rationally deliberate on the issue of fairly dividing the burdens and benefits of social cooperation. I argue that these apparently different positions on justice can be reconciled, although important differences between the standpoints of Marx and Rawls remain. Despite the differing influences on them of Hegel and Kant, the views of Marx and Rawls can be shown to converge. In proposing an explicitly political conception of justice, Rawls argues that acceptable principles of justice must be realisable in social institutions. This brings his' Kantian constructivism 'closer to the Hegelian view, on which Marx bases his rejection of universal, socially transcendent principles of justice. I argue that both Marx and Rawls can be seen as asking what social institutions can realise principles of justice as fairness. Nevertheless, two important differences remain. Marx seems to envisage a society which transcends the 'circumstances of justice', as specified by Hume and Rawls, whereas Rawls a society beyond the circumstances of justice as utopian. Secondly, Marx claims that market relations should be transcended as the basis of society, since they inherently involve alienation of producers from the social process of production and from the product of their social labour. However, while elimination of markets might be possible in a society that transcends the circumstances of justice, Rawls claims that it is not possible in any society where a fair resolution of competing claims is necessary. I argue that the positions of Marx and Rawls can be reconciled if we take Marx's objection to markets as fundamentally an objection to the 'fetishism of commodities'. I conclude that, apart from the utopian element in Marx's conception of a future classless society, the positions of Marx and Rawls on the justice of capitalism and the market are quite close. (shrink)

This essay seeks to identify significant theological, philosophical, cultural, political, and moral issues that are raised by the four participants of the exchange on responding to terrorism. It argues that the “just war” concept, as classically developed and refined within the mainstream of the Christian moral tradition over the last two millennia, furnishes the best—indeed, the only morally responsible—alternative to addressing and deterring the terrorist phenomenon, given the commitment to justice and neighbor-love which underpins the tradition.

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

Recently a number of liberal political theorists, including Rawls and Walzer, have argued for a 'supreme emergency exemption' from the traditional just war principle of discrimination which absolutely prohibits direct attacks against innocent civilians, claiming that a political community threatened with destruction may deliberately target innocents in order to save itself. I argue that this 'supreme emergency exemption' implies that individuals too may kill innocents in supreme emergencies. This is a significant theoretical cost. While it will not (...) constitute a decisive refutation of all arguments for a supreme emergency exemption, my hope is that many will see this cost of endorsing the exemption as unacceptable. (shrink)

There are many forms of utilitarianism, and the development of the theory has continued in recent years. I shall not survey these forms here, nor take account of the numerous refinements found in contemporary discussions. My aim is to work out a theory of justice that represents an alternative to utilitarian thought generally and so to all of these different versions of it. I believe that the contrast between the contract view and utilitarianism remains essentially the same in all (...) these cases. Therefore I shall compare justice as fairness with familiar variants of intuitionism, perfectionism, and utilitarianism in order to bring out the underlying differences in the simplest way. With this end in mind, the kind of utilitarianism I shall describe here is the strict classical doctrine which receives perhaps its clearest and most accessible formulation in Sidgwick. The main idea is that society is rightly ordered, and therefore just, when its major institutions are arranged so as to achieve the greatest net balance of satisfaction summed over all the individuals belonging to it.9.. (shrink)

In this book, leading Christian political thinkers and practitioners critique the Rawlsian concepts of “justice as fairness” and “public reason” from the perspective of Christian political theory and practice. It provides a new level of analysis from Christian perspectives, including implications for such hot topics as the culture war.

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

There are many forms of utilitarianism, and the development of the theory has continued in recent years. I shall not survey these forms here, nor take account of the numerous refinements found in contemporary discussions. My aim is to work out a theory of justice that represents an alternative to utilitarian thought generally and so to all of these different versions of it. I believe that the contrast between the contract view and utilitarianism remains essentially the same in all (...) these cases. Therefore I shall compare justice as fairness with familiar variants of intuitionism, perfectionism, and utilitarianism in order to bring out the underlying differences in the simplest way. With this end in mind, the kind of utilitarianism I shall describe here is the strict classical doctrine which receives perhaps its clearest and most accessible formulation in Sidgwick. The main idea is that society is rightly ordered, and therefore just, when its major institutions are arranged so as to achieve the greatest net balance of satisfaction summed over all the individuals belonging to it.9.. (shrink)

One need not look far beyond the titles and distinctive phrases to find a deep and abiding concern for civic virtue in John Rawls’ writings. This chapter provides the necessary account of civic virtue and Rawls's conception of it. For this, it relies most heavily on Rawls's last book, Justice as Fairness: A Restatement. The importance of concepts of citizenship and civility is more evident in Justice as Fairness, than in Rawls's other books. According to Rawls, (...) the most‐advantaged members of a just society would demonstrate their commitment to public culture by inhibiting the wastes of endless self‐ and group‐interested bargaining and offering some hope of realizing social concord and civic friendship. Beyond encouraging civic engagement, Rawls's “political liberalism” has many points of contact with the republican tradition. One such point of contact arises when he indicates the importance to a well‐ordered society of civic education. (shrink)

To practise ‘fairly and justly’ a clinician must balance the needs of both the many and the few: the individual patient in front of them, and the many unseen patients in the waiting room, and in the county. They must consider the immediate clinical needs of those in the present, and how their actions will impact on future patients. The good medical practice guidance ‘Make the care of your patient your first concern’ provides no guidance on how doctors should act (...) when they care for multiple patients with conflicting needs. Moreover, conflicting needs extend far past simply those between different patients. At an organisational level, financial obligations must be balanced with clinical ones; the system must support those who work within it in a variety of roles; and, finally, in order for a healthcare service to be sustainable, the demands of current and future generations must be balanced.The central problem, we propose, is that there is no shared philosophical framework on which the provision of care or the development of health policy is based, nor is there a practical, fair and transparent process to ensure that the service is equipped to deal justly with new challenges as they emerge. Many philosophers have grappled with constructing a set of principles which would lead to a ‘good’ society which is just to different users; prominent among them is Rawls.Four important principles can be derived using a Rawlsian approach: equity of access, distributive justice, sustainability and openness. However, Rawls’ approach is sometimes considered too abstract to be applied readily to policymaking; it does not provide clear guidance for how individuals working within existing institutions can enact the principles of justice. We therefore combine the principles derived from Rawls with Scanlonian contractualism: by demanding that decisions are made in a way which cannot be ‘reasonably rejected’ by different stakeholders, we ensure that conflicting needs are considered robustly.We demonstrate how embedding this framework would ensure just policies and fair practice. We illustrate this by using examples of how it would help prevent injustice among different socioeconomic groups, prevent intergenerational injustice and prevent injustice in a crisis, for example, as we respond to new challenges such as COVID-19.Attempts to help individual doctors practise fairly and justly throughout their professional lives are best focused at an institutional or systemic level. We propose a practical framework: combining Scanlonian contractualism with a Rawlsian approach. Adopting this framework would equip the workforce and population to contribute to fair policymaking, and would ultimately result in a healthcare system whose practice and policies—at their core—were just. (shrink)

This chapter contains sections titled: Marx's Theory of Capitalism and Its Ideology Rawls's Theory of Justice as Fairness Rawls on Marx Marx and Justice Marxian Liberalism's Historical Conception of Justice.

The article analyzes the problem about the recognition of atypical forms of Family, from the John Rawls’ theory of justice as fairness. It presentes Rawls’ concept of Family, developedafter Susan Okin contributions. Shows the evolution of family’s concept in western societies to its contemporany notion. Interprets the issue from the political focus of Rawls’ theory,reflecting about the conclusions that can be extracted to the legal-dogmatic field. Concludes that the Constitution should be interpreted broadly; also that there is a (...) need for institutionsthat can ensure basic rights for these forms of Family. (shrink)

From North Korea's recent attacks on Sony to perpetual news reports of successful hackings and criminal theft, cyber conflict has emerged as a major topic of public concern. Yet even as attacks on military, civilian, and commercial targets have escalated, there is not yet a clear set of ethical guidelines that apply to cyber warfare. Indeed, like terrorism, cyber warfare is commonly believed to be a war without rules. Given the prevalence cyber warfare, developing a practical moral code for this (...) new form of conflict is more important than ever. In Ethics and Cyber Warfare, internationally-respected ethicist George Lucas delves into the confounding realm of cyber conflict. Comparing "state-sponsored hacktivism" to the transformative impact of "irregular warfare" in conventional armed conflict, Lucas offers a critique of legal approaches to governance, and outlines a new approach to ethics and "just war" reasoning. Lucas draws upon the political philosophies of Alasdair MacIntyre, John Rawls, and Jürgen Habermas to provide a framework for understanding these newly-emerging standards for cyber conflict, and ultimately presents a professional code of ethics for a new generation of "cyber warriors." Lucas concludes with a discussion of whether preemptive self-defense efforts - such as the massive government surveillance programs revealed by Edward Snowden - can ever be justified, addressing controversial topics such as privacy, anonymity, and public trust. Well-reasoned and timely, Ethics and Cyber Warfare is a must-read for anyone with an interest in philosophy, ethics, or cybercrime. (shrink)

Closed Material Procedures are widely considered to be unjust. In his influential A Theory of Justice, Rawls sets out that trials must be fair and open, and that such precepts of natural justice ensure the impartiality of the legal order. I argue that whilst this commits Rawls to a rejection of the permissibility of CMPs, he is not right to do so, and his theory does not require him to do so. Firstly, the conception of natural justice (...) upon which Rawls bases his view of open justice is not so strict as to demand this so long as the legal system ensures a sufficient gist of the closed material is provided. Secondly, it is plausible that individuals in Rawls’ original position, would select CMPs due to the role security and stability play in a just state, the importance of which Rawls explicitly recognises. I conclude that CMPs are consistent with Rawls’ theory of justice, despite his assertions in A Theory of Justice. Given the importance and influence of Rawls’ theory, this is an important step in demonstrating the permissibility of such procedures, duly circumscribed. (shrink)

In this book, leading Christian political thinkers and practitioners critique the Rawlsian concepts of “justice as fairness” and “public reason” from the perspective of Christian political theory and practice. It provides a new level of analysis from Christian perspectives, including implications for such hot topics as the culture war.

Terrorist violence is often condemned for targeting innocents or non-combatants. There are two objections to this line of argument. First, one may doubt that terrorism is necessarily directed against innocents or non-combatants. However, I will focus on the second objection, according to which there may be exceptions from the prohibition against killing the innocent. In my article I will elaborate whether lethal terrorism against innocents can be justified in a supreme emergency. Starting from a critique of Michael Walzer’s account (...) of supreme emergency, I will argue that the supreme emergency exemption justifies the resort to terrorism against innocents to avert moral disasters such as genocide and ethnic cleansing, provided that the criteria of last resort, proportionality and public declaration are satisfied. (shrink)

Just war theory − as advanced by Michael Walzer, among others − fails to take war seriously enough. This is because it proposes that we regulate war with systematic rules that are comparable to those of a game. Three types of claims are advanced. The first is phenomenological: that the theory's abstract nature interferes with our judgment of what is, and should be, going on. The second is meta-ethical: that the theory's rules are not, in fact, systematic after all, (...) there being inherent contradictions between them. And the third is practical: that by getting people to view war as like a game, the theory promotes its ‘aestheticization’ (play being a central mode of the aesthetic) such that those who fight are encouraged to act in dangerous ways. And war, it goes without saying, is already dangerous enough. (shrink)

This book explores the three foundational topics in Rawls’s theories of justice (social justice, multiculturalism, and global justice) while deconstructing ideas of democratic citizenship, public reason, and liberal individualism latent in his treatment of these subjects in order to uncover their cultural and historical underpinnings.

Since the publication of _A Theory of Justice _, John Rawls has been viewed as one of the most important political theorists of the twentieth century. In _John Rawls: Towards a Just World Order_, Patrick Hayden discusses Rawls's views regarding the nature of social justice among states. He examines Rawls's most important writings in order to assess how adequately his theory of justice is able to accommodate claims to universal human rights and shows how Rawls's work (...) can contribute to the construction of a cosmopolitan approach to issues of international justice. Beginning with Rawls's attempt to develop an account of international justice and human rights that is consistent with his earlier theory of justice as fairness, Hayden then offers a critical examination of Rawls's political philosophy and international thought which argues for a cosmopolitan variation on Rawls's 'law of peoples'. _John Rawls: Towards a Just World Order_ is a concise and detailed analysis of one of the foremost political philosophers of our time that demonstrates the importance of Rawls's work for contemporary debates regarding international relations, world politics and human rights. (shrink)

Just war scholars are increasingly focusing on the importance of jus post bellum – justice after war – for the legitimacy of military campaigns. Should something akin to jus post bellum standards apply to terrorist campaigns? Assuming that at least some terrorist actors pursue legitimate goals or just causes, do such actors have greater difficulty satisfying the prospect-of-success criterion of Just War Theory than military actors? Further, may the use of the terrorist method as such – (...) state or non-state – jeopardize lasting peace in a way that other violent, for instance military, strategies do not? I will argue that there appears to be little reason to believe that terrorist campaigns are in principle less able to secure or at least contribute to a lasting peace than military campaigns; quite to the contrary. Or, put differently, if terrorism is an unlikely method for securing peace, then war is an even more unlikely one. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:After the Smoke Clears: The Just War Tradition and Post-War JusticeAnna Floerke ScheidAfter the Smoke Clears: The Just War Tradition and Post-War Justice Mark J. Allman and Tobias L. Winright Maryknoll, N.Y.: Orbis Books, 2010. 220 pp. $20.00Beginning with Ezekiel’s imagery of a field filled with dry bones in the aftermath of war, Mark J. Allman and Tobias L. Winright approach the burgeoning question of (...) how best to establish a just peace following violent conflict. As theologians committed to the Christian tradition’s emphasis on restoring peace following warfare, their project develops jus post bellum categories that have thus far been considered more by philosophers, political scientists, and international law scholars than by theologians. The authors see themselves as extending the work of Glen Stassen and other just peacemaking theorists. Where just peacemaking provides theologically rooted criteria for jus ante bellum, Allman and Winright want to root theologically jus post bellum. “We believe that expanding the just war tradition to encompass jus post bellum will actually ‘close the loop’ or make for a more honest just war theory by bringing us back to the practices of just peacemaking” (55–56).The book is presented in two parts. The first part offers an overview of the history of the just war tradition and of the emerging discussion of jus post bellum. Despite its brevity, a key strength of this overview is its comprehensiveness. Allman and Winright illustrate the tradition’s roots in Hellenistic philosophy, its development by patristic and medieval theologians, and finally its adoption in the secular sphere. The authors then uncover nascent elements of jus post bellum throughout the just war tradition. Here they pay particular attention to Immanuel Kant before turning to contemporary philosophers, including perhaps the most well-known jus post bellum theorist, Brian Orend, with whom the authors dialogue extensively in the second part.The second part constitutes the book’s major constructive contribution to the theological ethics of warfare and conflict resolution. The authors posit four “categories” that they argue are “consistent with the Christian just war tradition” and necessary for a just peace following war (85). First, they contend that the just cause, which prompts the war, must be reconsidered jus post bellum. “The logic is simple and clear: the end of a just war must be accomplishing the objectives that served as the grounds for going to war in the first place” (100). Second, the authors explore the need for postconflict reconciliation, arguing [End Page 223] for restorative forms of justice alongside retributive forms. This chapter would benefit from more extensive dialogue with theologians such as John de Gruchy, Robert Schreiter, and Charles Villa-Vicencio, who have devoted themselves to the topics of reconciliation and restorative justice from the Christian perspective. Third, the authors discuss the value of punishment in establishing justice. Their discussion of the symbolic importance of reparations is especially insightful. The authors suggest that “reparations require a reversal of power. Those who once were dominant are now in a submissive/vulnerable position” in relation to those who were once powerless (130). Finally, the authors propose a “restoration phase” following warfare wherein basic security must be established and political reforms enacted to preclude any return to the status quo ante bellum. The victors must ensure the economic recovery of the vanquished; provide for the needs of the war’s most vulnerable victims, such as children; and clean up environmental hazards that resulted from fighting.The book is most impressive in that it conjoins multiple postconflict endeavors (e.g., reconciliation and war crimes tribunals) that are frequently separated or seen as oppositional in other literature. This strength indicates that the book may continue to yield serious contributions to the ethics of conflict resolution, especially as scholars accept the authors’ challenge to “develop and further refine” the categories they propose.Anna Floerke ScheidDuquesne UniversityCopyright © 2012 The Society of Christian Ethics... (shrink)

This book analyses the problems of current just war theory, and offers a more stable justificatory framework for non-intervention in international relations. The primary purpose of just war theory is to provide a language and a framework by which decision makers and citizens can organize and articulate arguments about the justice of particular wars. Given that the majority of conflicts that threaten human security are now intra-state conflicts, just war theory is often called on to make (...) judgments about wars of intervention. This book aims to critically examine the tenets of just war theory in light of these changes, and formulate a new theory of intervention and just cause. For Michael Walzer, the leading scholar of just war theory, armed humanitarian intervention is permissible only in cases of genocide, ethnic cleansing, widespread massacres, or enslavement. This book shows why this threshold is too restrictive in light of the progressive shift away from interstate conflict as well as the emerging norms of 'sovereignty as responsibility' and the 'responsibility to protect'. _Justice, Intervention and Force in International Relations_ aims to establish a new, stable foundation for non-intervention and a revised threshold for 'just cause'. In addition, this book demonstrates that over-reliance on the just cause category distorts understanding, analysis, and public discussion of the justice or injustice of resorting to war. This new book will be of much interest to students of ethics, security studies, international relations and international law. Kimberley Hudson is Assistant Professor of Political Science at American International College, and has a Phd in International Relations from Brown University. (shrink)

Polish edition and translation in preparation for the Polish Academic Press [PWN] for their series on contemporary philosophy classics [Biblioteka Współczesnych Filozofów].

This paper examines recent arguments by Michael Walzer and Uwe Steinhoff for justifying or excusing indiscriminate terrorism by means of invoking ‘emergency’ circumstances. While both authors claim that the principle of non-combatant immunity can be justifiably overridden under extreme circumstances, it is argued here that neither provides a convincing argument as to when and why the survival of some innocents ought to counterbalance the harms or rights violations of indiscriminate terrorism. A defensible emergency justification for indiscriminate terrorism is (...) proposed and shown to open the door to a broader, non-emergency rationale for conceivably excusing or justifying indiscriminate terrorism. (shrink)

This book develops and applies a unified interpretation of John Rawls’ theory of justice as fairness in order to clarify the account of citizenship that Rawls relies upon, and the kind of educational policies that the state can legitimately pursue to promote social justice. Costa examines the role of the family as the "first school of justice" and its basic contribution to the moral and political development of children. It also argues that schools are necessary to (...) supplement the education that families provide, teaching the political virtues that support just social institutions. The book also examines the questions of whether civic education should aim at cultivating patriotic feelings, and how it should respond to the deep cultural pluralism of contemporary democratic societies. (shrink)

A careful, theoretical clarification of gender roles has only recently begun in social and political philosophy. It is the aim of the following piece to reveal that an analysis of women’s traditional position - her distinctive activities, labor and surrounding sense of ‘mine’ - can not only make valuable contributions towards clarifying traditional property disputes, but may even provide elements for a new conception of ownership. By way of illustration, the article focusses on the influential work of John Rawls and (...) argues that - when Rawls’s own analysis and principles of justice are supplemented by an account of what is here called ‘reproductive labor’ - his theory in fact tends to a form of democratic socialism. Stated somewhat differently, my aim is to shift the terms of the property debate as posed by Rawls fromwithinhis own position. I hope to show that the real ownership question which now emerges is no longerwhether‘justice as fairness’ countenances a private property or socialist form of democracy, but what preciseformsuch a socialism should take. (shrink)

This paper offers a systematic reading of justice as fairness. By ‘systematic reading’ I mean an interpretation capable of presenting the rawlsian political conception as a coherent theoretical framework with all its stages of justification. I argue that the concept of point of view allows for this kind of interpretation. In the first part of this paper, I briefly discuss the difficulties of obtaining a comprehensive understanding of justice as fairness from some proposals previously set forth (...) in the literature. In the second part, I make a formal definition of the concept of point of view and expound the main points of view in justice as fairness. Finally, I set out in detail what I will call here ‘Rawls’s point of view’, the starting point of justice as fairness. (shrink)

This year is the centenary of the birth of philosopher John Rawls and the semi-centenary of his monumental A Theory of Justice. This essay explores the differences between political opposition and political resistance as reflected in his work. Rawls is remembered for the careful conditions he imposed in the Vietnam-War era upon justifiable civil disobedience in “nearly just” societies. It is less well known that he came to regard the United States as a fundamentally unjust society. The nation (...) has shown itself not merely unserious about political equality—the cornerstone of Rawls’s theory of justice as fairness—but hostile to it. The Supreme Court’s campaign finance jurisprudence sanctifies spending as speech and denies Congress the power to try to level the electoral playing field. In the Supreme Court’s Constitution, substantive political equality is of no value. The upshot is that civil disobedience, conceived as an appeal to a just constitution, is no longer possible in the United States. Political resistance may be permissible, however, within the bounds of right, “in such ways as promise some success.” This essay ekes out Rawls’s suggestive remarks about the justification of political resistance and attempts to extend them to current conditions. (shrink)