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)

The organizational justice literature and the family business literature have developed independently, which limits our understanding of fairness and justice in the family business workplace. So far, the concepts of justice and fairness have been used interchangeably in the family business literature, as if objective measures that aim to increase justice in the workplace will automatically translate into fairness perceptions among family business employees. By integrating the organizational justice literature and the family business literature, we (...) first differentiate between the two concepts of justice and fairness and argue that a utilitarian conceptualization of justice may come into direct conflict with fairness perceptions in the family business workplace. Second, we shed light on the importance of incorporating socioemotional goals, particularly those that reveal a bright side of socioemotional wealth, into rules and regulations designed to increase justice in the workplace, which, we argue, contributes to increasing fairness perceptions among employees and to building and maintaining an ethical family business workplace. Theoretical and practical contributions are discussed at the end of the paper. (shrink)

Many discussions of love and the family treat issues of justice as something alien. On this view, concerns about whether one's family is internally just are in tension with the modes of interaction that are characteristic of loving families. In this essay, we challenge this widespread view. We argue that once justice becomes a shared family concern, its pursuit is compatible with loving familial relations. We examine four arguments for the thesis that a concern with justice is (...) not at home within a loving family, and we explain why these arguments fail. We develop and defend an alternative conception of the justice-oriented loving family, arguing that justice can—and, for the sake of justice, should—be seen as a family value. (shrink)

This chapter begins with an overview of John Rawls's four‐stage sequence account of how to apply justice as fairness to institutions. It focuses on the facets of institutional design: (i) How should basic democratic institutions and processes be structured so as to realize the fair value of the basic political liberties? (ii) What kinds of educational and health institutions are needed to secure fair equality of opportunity? (iii) How do principles of justice apply to the family? (iv) What (...) implications does the difference principle have for the structure of a market economy? Rawls's extension of the original position via the four‐stage sequence proceeds against the background of three kinds of pluralism. According to Rawls, occupational choice means that there is a diversity of positions open to all citizens, and no one is forced to hold or pursue specific kinds of employment. (shrink)

This dissertation offers a critical discussion of the prioritisation of ‘the right’ in John Rawls’s theory of justice. Rawls’s theory of justice – ‘justice as fairness’ – is arguably one of the best illustrations of the prioritisation of ‘the right’ in current political literature. However, his theory has been criticised by a diversity of thinkers for its implied structural relation between ‘the right’ and ‘the good’. Some theorists argue that conceptually ‘the good’ can never be derived from (...) ‘the right’; others argue that, even if it were possible, the social implications of such a conceptualisation would devastating as it would result in a so-called “community of strangers” (Rorty 1988, 273). In this dissertation, I argue that be on the one hand, theories that prioritise ‘the right’– such as ‘justice as fairness’ – enable the attractive possibility of the multiple coexistence of ‘comprehensive goods’. This is attractive as it upholds the liberating ethos: ‘I have the freedom to determine my own ends’. This possibility is attributed to the fact of neutrality, which characterises the priority of ‘the right’. The claim of neutrality is embedded in the ideal that political principles can be developed prior to and independently of any content of ‘the good’. This is then supposed to justify the claim that political principles are non-reliant on comprehensive moral ideals. In this way, the prioritisation of ‘the right’, as evident in ‘justice as fairness’, supposedly enables citizens to construct impartial universal principles that govern their society. Yet, on the other hand, I question the degree of neutrality present in ‘justice as fairness’. I argue that ‘justice as fairness’, although its justification is independent of a singular moral truth, is not neutral concerning ‘the good’. In fact, the moral values encapsulated in the priority of ‘the right’, I argue, set the conditions of justification of all doctrines of ‘the good’ because any idea of ‘the good’ that embodies contradictory values to those encapsulated in the priority of ‘the right’ would necessarily be excluded from a Rawlsian society. Therefore, I argue that Rawls’s theory of justice cannot be said to take into account “a diversity of conflicting and irreconcilable yet reasonable comprehensive doctrines” (Rawls 2001, 34); as moral values are already implied in the prioritising of ‘the right’. In light of how Rawls’s theory of justice is simultaneously neutral and prescriptive regarding ‘the good’, I suggest a re-problematisation of the debate on the relationship between ‘the right’ and ‘the good’. The literature on theories that prioritise ‘the right’ or ‘the good’ seems to imply such theories either embody the one or the other methodological approach. I argue that this debate has been presented as a false dichotomy and, as such, the debate itself seems to be exhausted, because it creates a kind of natural impasse. Therefore, I suggest recasting the debate in terms of representing ‘the right’ and ‘the good’ as two methodological positions on a continuum, that are at the same time both more or less gradually similar and divergent from one another. The purpose of this continuum is to demonstrate that notions such as neutrality, objectivity and comprehensiveness are not clear-cut. (shrink)

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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)

In this essay, the author tries to show the religious aspect of Rawls's work using a condition of religiosity that he himself endorsed. Section 1 looks at the passage in which Rawls asserts his condition of religiosity. In section 2, the author argues that Cohen's and Nagel's observation itself rests on a religiosity condition. In section 3, he shows how Rawls argued that Kant satisfied the religiosity condition and why Rawls thought Kant's moral philosophy has “a religious aspect.” Section 4 (...) explains that justice as fairness as presented in TJ has a religious aspect as well. In section 5, the author asks whether the religious aspect of justice as fairness survives Rawls's political turn. The chapter concludes by observing that the significance Kant gives to the moral law and our acting from it has an obvious religious aspect, and that his text occasionally has a devotional character. (shrink)

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

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)

In Ethics for a Broken World : Imagining Philosophy after Catastrophe, Tim Mulgan applies a number of influential moral and political theories to a “broken world ”: a world of environmental catastrophe in which resources are insufficient to meet everyone’s basic needs. This paper shows that John Rawls’ conception of justice as fairness has very different implications for a broken world than Mulgan suggests it does. §1 briefly summarizes Rawls’ conception of justice, including how Rawls uses a hypothetical (...) model – the “original position” – to argue for principles of justice. §2 explains how Mulgan uses a variation of Rawls’ original position – a broken original position – to argue that justice as fairness requires a “fair survival lottery” in a broken world. §3 shows that the parties to a broken original position have reasons not to agree to such a survival lottery. §4 then shows that Mulgan’s argument hangs upon a false assumption: that there are no viable options to adopt in a broken world besides some kind of survival lottery. Finally, §5 shows that the parties to a broken original position would instead rationally agree to a scheme of equal rights and opportunities to earn or forfeit shares of scarce resources on the basis of each person’s comparative contribution to human survival. (shrink)

In this paper I take up the notion of family fairness and contrast it with justice. In particular I take issue with Susan Okin's notion of the just family and develop, instead, the notion of the not-unjust fair family. Driving a wedge between justice and fairness, I propose that family fairness is partial and sympathetic rather than impartial and empathic, and that it is particular and internal rather than universalizable. Furthermore, I claim that family fairness is based on (...) ongoing comparisons of preferences among family members. I finally characterize the good family as a not-unjust family that is considerate and fair. (shrink)

RESUMEN Se analiza si la versión de la justicia como equidad, presentada en El liberalismo político, es genuinamente una concepción política. Se examina el problema de la razonabilidad de las doctrinas comprehensivas, y se indaga luego si el argumento en dos etapas afecta la integridad estructural del liberalismo político. Se concluye que J. Rawls fracasa en su intento de justificar un liberalismo independiente de una doctrina comprehensiva de carácter liberal. ABSTRACT The article analyzes whether the conception of justice as (...) fairness, set forth by Rawls in Political Liberalism, is a genuine political conception. It first examines the issue of reasonableness of comprehensive doctrines and then goes on to inquire whether the two-step argument affects the structural integrity of political liberalism. The paper concludes that J. Rawls fails in his attempt to justify liberalism independently of a comprehensive liberal doctrine. (shrink)

In this paper I intend to analyze the possibility of social justice as fair maximal utility starting from two different perspectives about justice – justice as fairness and justice as social choice or mutual advantage. The thesis I defend and reconstruct here is that a co-operative solution can be implemented only in a democratic society where a certain kind of justice principles is applied. This solution, however, is not a solution, if we do not really (...) understand the principles which are being involved in it or if we do not use a proper concept of justice. My proposal here could bring some light both upon this issue and on the logical clarification. In order to realize this, I take into account at least two problems: 1) the problem of compatibility between the announced concept and the existence of social inequalities; 2) Nozick’s objection concerning the compensation of inequalities involved by this kind of justice. I intend to analyze Rawls’ solution of compensatory beneficial in order to test whether it could be considered dangerous for the preservation of equidistance of the rules and, hence, for the justice as impartiality, as Nozick claims in his work Anarchy, State and Utopia, the concept of reasonability which is used here as being complementary to the concept of rationality and useful for this matter. (shrink)

Highlighting a progression of exercises, this paper develops a pedagogical model aimed at giving students tools to deliberate about justice from within the Original Position and to debate the broader goals and limitations of justice as fairness. The approach focuses on the idea of a “distribution” of primary goods without relying on caricatures or being intimidated by the more technical features of the presentation. The series of exercises shows students how to move from more intuitive to less intuitive (...) deliberative situations—a move that depends on seeing a just distribution as a product of a pure procedure. In particular, the exercises show the importance of distinguishing carefully between a distribution and an allocation of goods. Finally, it suggests ways in which we may use the theory to engage with our own distributive practices in democratic societies by focusing on the moral significance of persons as equals. (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.

The publication of Political Liberalismhas allowed John Rawls to bring to the fore issues that remained in the background of A Theory of Justice. His explicit attention to the concept of ‘the reasonable’ is a welcome development. In a more recent publication, he affirms the importance of this concept, ‘while [granting] that the idea of the reasonable needs a more thorough examination than Political Liberalism offers.’ In this paper, I will present a critical exposition of the senses of the (...) reasonable on which justice as fairness relies. Rawls employs the term in four main contexts. I will outline these various senses and argue that in each case, a controversy in the secondary literature can be resolved by close attention to the concept of the reasonable. In three of these contexts, Rawls relies on what I will call a ‘strong’ sense of the reasonable, while in one he sometimes seems to rely on a ‘weak’ sense. I argue that justice as fairness is best served by relying on a strong sense throughout. (shrink)

The original position together with the veil of ignorance have served as one of the main methodological devices to justify principles of distributive justice. Most approaches to this topic have primarily focused on the single person decision-theoretic aspect of the original position. This paper, in contrast, will directly model the basic structure and the economic agents therein to project the economic consequences and social outcomes generated either by utilitarianism or Rawls’s two principles of justice. It will be shown (...) that when the differences in people’s productive abilities are sufficiently great, utilitarianism dominates Rawls’s two principles of justice by providing a higher level of overall well-being to every member of society. Whenever this is the case, the parties can rely on the Principle of Dominance (which is a direct implication of instrumental rationality) to choose utilitarianism over Rawls’s two principles of justice. Furthermore, when this is so, utilitarianism is free from one of its most fundamental criticisms that it ‘does not take seriously the distinction between persons’ (Rawls 1971 [1999]: 24). (shrink)

This chapter contains sections titled: I II III IV V.

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)

With the publication of A Theory of Justice in 1971, John Rawls not only rejuvenated contemporary political philosophy but also defended a Kantian form of Enlightenment liberalism called “justice as fairness.” Enlightenment liberalism stresses the development and exercise of our capacity for autonomy, while Reformation liberalism emphasizes diversity and the toleration that encourages it. These two strands of liberalism are often mutually supporting, but they conflict in a surprising number of cases, whether over the accommodation of group difference, (...) the design of civic education, or the promotion of liberal values internationally. During the 1980’s, however, Rawls began to jettison key Kantian characteristics of his theory, a process culminating in the 1993 release of Political Liberalism and completing the transformation of justice as fairness into a Reformation liberalism. -/- Reconstructing Rawls argues that this transformation was a tragic mistake because it jeopardized the most important features of his theory, viz. the lexical priorities of right, liberty, and fair equality of opportunity as well as the difference principle. Controversially, this book contends that Rawls’s so-called “political turn,” motivated by a newfound interest in diversity and the accommodation of difference, has been unhealthy for autonomy-based liberalism and has pushed liberalism more broadly towards cultural relativism, be it in the guise of liberal multiculturalism or critiques of cosmopolitan distributive-justice theories. The book then demonstrates that the central elements of justice as fairness can only be defended within the context of a Kantian Enlightenment liberalism and that Rawls’s hope for a more pluralistic grounding for his theory, endorsed by a wide variety of belief systems present in modern democratic societies, is illusory. -/- Reconstructing Rawls is the first book to systematically compare Rawls’s and Kant’s theories and the first to offer an internal critique and reconstruction of justice as fairness, reconceiving it as a comprehensive, universalistic Kantian liberalism. By doing so, it gives us both the vision of a liberal world order—“a republicanism of all states, together and separately,” as Kant put it—and a mode of justification addressed to all men and women, not as members of particular nations, races, and faiths, but as human beings, as citizens of the world. In short, it reclaims Rawls for the Enlightenment. (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 article argues that diverse theorists have reasons to theorize about fairness in nonideal conditions, including theorists who reject fairness in ideal theory. It then develops a new all-purpose model of ‘nonideal fairness.’ §1 argues that fairness is central to nonideal theory across diverse ideological and methodological frameworks. §2 then argues that ‘nonideal fairness’ is best modeled by a nonideal original position adaptable to different nonideal conditions and background normative frameworks (including anti-Rawlsian ones). §3 then argues that the parties to (...) the model have grounds to seek a variety of remedial social, legal, cultural, and economic ‘nonideal primary goods’ for combating injustice, as well as grounds to distribute these goods in an equitable and inclusive manner. Finally, I illustrate how the model indexes the nonideal primary goods it justifies to different nonideal contexts and background normative frameworks, illustrating why diverse theorists should find the model and its output principles attractive. (shrink)

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

Basic justice is needed everywhere, but the traditional criteria of substantive justice, such as liberty, equality, efficiency, or‘justice as fairness’etc., is challenged in contemporary society because of the ruin of the traditional metaphysics and religions. Habermas’s theory of discourse perhaps provides us a way to set a criterion for the post-metaphysical time. Justice is the union of the content and form. However, what his viewpoint on justice emphasizes is only the form of justice; he (...) fails to consider the substance of justice, even for the criterion of substantive justice. In the post-metaphysical society of pluralized values, we can obtain the criterion of substantive justice from his theory of justice. This criterion is the discursive consensus. (shrink)

Many political and legal philosophers compare the EU to a federal union and believe its basic laws should be subject to the standards of constitutional law, and thus find it lacking or incomplete. This book proposes a rival theory: that the substance of EU law is not constitutional, but international, and provides a close examination of the treaties and the precedents of the European courts to explore this concept further. -/- Just like international law, EU law applies primarily to the (...) relations between member states, who have democratically chosen to adapt their constitutional arrangements in order to share legislative and executive powers with their partners. The legal architecture of the European Union is thus best understood under a theory of dualism and not pluralism. -/- According to this 'internationalist' view, EU law is part of the law of nations and its distinction from domestic law is a matter of substance, not form. This arrangement is supported by a cosmopolitan theory of international justice, which we may call progressive internationalism. The EU is a union of democratic peoples, freely organizing their interdependence on the basis of principles of equality and reciprocity. Its central principles are not the principles of a constitution, but cosmopolitan principles of accountability, liberty, and fairness. -/- Presenting an 'internationalist' reading, this book proposes that the EU is a creation of the law of nations, and argues for a dualist account of its legal architecture, with EU law and domestic law allocated different institutional roles. (shrink)

The variety and complexity of the eight papers in this Symposium issue are evidence that immigration is a tough nut to crack both as a matter of policy and application. There is no way that any short summary can do justice to these papers, which take a variety of moral, economic, historical, and empirical approaches to some of the recurrent issues in the field, so it is best in this short issue to try to situate the problem in a (...) general classical liberal context, to show where the pressure points are most likely to appear.The initial way to approach this problem is to start with the simple proposition that the world today is divided into national territories where the practical norm is well-nigh universal: That each sovereign state has exclusive control over its own territory, which, among other things, allows it to decide which individuals are members of that state. These citizens have privileges that may be exercised, no questions asked, on such key matters as entering labor markets, owning property, voting, and otherwise participating in political affairs. All these activities may be denied or granted, at will, to any and all outsiders by the territorial sovereign.No one doubts the need for having some form of territorial control. The need to have some monopoly of force could not be achieved if the entire world, with its infinite diversity of locations and populations, were under a single sovereign. Indeed, in many cases, the divisions within a given country may be so pronounced that separation rather than aggregation is the norm. Thus, at the end of the British Raj, India split into India and Pakistan, and later Pakistan split into Pakistan and Bangladesh. Less dramatically, Czechoslovakia split into two countries, the Czech Republic and Slovakia, while the former Yugoslavia split into five nations, starting from the northwest: Slovenia, Croatia, Bosnia and Herzegovina, Serbia, and Macedonia. Clearly, these ethic differences, be they large or small, are a major obstacle to the expansion of the size of the state. And today, the territorial instinct reasserts itself as the member states of the European Union impose more restrictions on immigration.Yet at the same time, the normative foundations of this system seem elusive. There is the following deep skepticism about the importance of these borders, expressed in these essays by Jeremy Waldron and Ilya Somin, that these national boundary lines should have such a pronounced role in political economy. Michael Blake pursues this theme further by asking the extent to which classical liberals can justify exclusion through the use of violence—or is it force? The inquiry into the dominant role of territoriality can then be expanded, as by Peter Margulies, to examine all sorts of negative externalities that could be created both by easy and strict rules of admission.Taken as a whole, there is no doubt that these national barriers are a serious obstacle to the free trade in goods and services between two individuals, one inside the boundary and one outside. The general view is that these barriers block the gains from trade, which is what drives economic progress, so that ideally all tariffs and quantitative restrictions should give way to a system of free trade in which petty objections by domestic competitors of foreign firms should not dictate local policies.It should, of course, be evident that powerful conflicting forces on free trade and protectionism ebb and flow over time. It should therefore come as no surprise that the stakes are even higher where what is at stake is the movement of people across national boundaries. The loss to any given country from keeping out potential citizens can be enormous, and we see powerful political forces clamp down on open immigration, so many of these gains from trade are lost. The situation can be even more heartbreaking when the ability to leave a country exposes innocent people to imprisonment or death.So what is the explanation for so many nations closing their borders? Much of the explanation comes from old-fashioned protectionism. Your computer programmers will take the jobs of our specialists. There is all sorts of occupational licensing and other barriers to entry within a domestic economy, so there is no reason to expect that these forces will not exert even greater influence against outsiders who do not, after all, have a voice in the local economy and who, therefore, as Alex Nowrasteh, Michael Howard, and Andrew Forrester observe, have little ability to influence domestic policy even after they enter a country. In addition, as Gabriel Chin discusses, strong racial prejudices also lead to exclusions from the domestic economy. Not only are there objections in, say, the United States and much of Western Europe, of exclusion on straight racial grounds, as exemplified by Chinese exclusion acts. The force of these exclusions are also subject to political change. Thus, the Immigration Act of 1924 (the Johnson-Reed Act) was part of a white supremacist program, which gave way two decades later to a very different legal regime with the Immigration Act of 1965, which put an end to the venerable system of national-origin quotas.Yet two other reasons for exclusion are constantly at issue. Immigrants not only bring in their labor but also their families, cultures, and traditions that, in public spaces, may clash with local norms and cultures on such elementary and critical matters as to whether women should dress modestly and wear head coverings. Will freewheeling Danes and Swedes feel comfortable if large numbers of Muslims continue their traditional practices with strong barriers between men and women? There are no obvious market mechanisms that will mitigate these issues, and the situation becomes even more fraught if there are large welfare or educational costs that fall, at least in the short run, on local citizens. These are compounded by the fact that immigrants will typically gain political rights that could easily skew the balance of political power between established and newly arrived ethnic groups by altering the outcome of national and local elections. And letting people in is not just done on a simple open-borders policy. Thus, in many countries, as Lance Pritchett discusses, there is the controversial option of letting foreigners in on short-term labor visas that require them to leave after a certain period. And there are further questions about whether people should be deported if they lied on their entry applications or committed some crime while in the new country, as has occurred in the United States. The numbers of cases can be high and their complexity great, so it is fair to ask, along with Jill Family, whether some self-conscious exceptions to the Administrative Procedure Act of 1946, analogous statutes elsewhere, should be regarded as part of the new normal.It is therefore necessary to deal with the thrust and counterthrust on all these issues. It is also fair to ask whether classical liberalism has a distinctive view on these issues, or whether the combination of private gains and multidirectional externalities gives rise to empirical questions that, as always, require further reflection, even when certain situations—the major influx of illegal immigrants on the US southern border—will generate such powerful emotions that detached intellectual inquiry is ever more difficult. We cannot answer these questions, and thus offer to you a set of essays that take a stab at these difficult topics. (shrink)

The present exposition has the following structure. In the first part,, I will synthetize some of the criticisms of Rawl’s conception of subject, or self; in the second part, I will scrutinize a 1963 paper by Rawls entitled “The sense of justice”, and hope to show, on the basis of this text, that one cannot say that the Rawlsian moral being is a being without flesh, blood or life, as critics have suggested, following in the footsteps of criticism from (...) Hegel to Kant; third, I will examine excerpts of TJ that deal, directly or indirectly, with the concept of subject; finally, I will look at papers published after TJ that may be relevant to the present topic. (shrink)

Polygamy is associated with lower marital satisfaction and is known to involve sexual, physical, and emotional abuse on the part of the husband. Less is known about the experience of mothers in polygamous families. This study was designed to shed light on the experiences of women in polygamous families in a sample of 80 Israeli Arab mothers living in polygamous families who use social services, domestic violence agencies, and health centers. Mothers were asked to draw their experiences (...) in their families and to provide narratives for the drawings. A phenomenological approach was used to analyze the drawings, and yielded five different pictorial phenomena: (1) pseudo-sweetness, (2) houses, (3) the absentee father and the estranged mother, (4) incorporation of graphic symbols and lettering that represented distress, and (5) growth and development. Most of the drawings were restricted and shallow, indicating a complex emotional state of despair and distress. The central feelings that emerged from the drawings were negative emotions of anger, sadness, loneliness, and powerlessness. While some women longed for romantic relationships with their husbands, others expressed the desire for revenge and justice. Dissociation and parentification, as central coping strategies, emerged from the drawings and the narratives. The findings are discussed theoretically and clinically. (shrink)

In this paper I argue that anyone who accepts a Rawlsian account of justice should favor granting family-based immigration benefit to same-sex couples. I first provide a brief over-view of the most relevant aspects of Rawls's position, Justice as Fairness. I then explain why family-based immigration benefits are an important topic and one that everyone interested in immigration and justice must consider. I then show how same-sex couples are currently systematically excluded from the benefits that flow from (...) family-based immigration rights. Next I argue that people in the constitutional and legislative stages of Rawls's original position would act to protect family-based immigration rights for themselves and show how these rights are rights of the current citizens of a state to bring in certain outsiders and not rights of outsiders seeking to enter. Importantly, this argument takes place entirely within the bounds of Rawls's domestic theory of justice and does not make reference to his more controversial views found in his account of international justice. I then show that there is no acceptable reason to restrict these rights to opposite-sex couples and good reason to extend them to same-sex couples. Finally I consider two objections to my account and show why they do not threaten my conclusion. (shrink)

Agroecology has been criticized for being more labor-intensive than other more industrialized forms of agriculture. We challenge the assertion that labor input in agriculture has to be generally minimized and argue that besides quantity of work one should also consider the quality of work involved in farming. Early assessments on work quality condemned the deskilling of the rural workforce, whereas later criticisms have concentrated around issues related to fair trade and food sovereignty. We bring into the discussion the concept of (...) contributive justice to welcome the added labor-intensity of agroecological farming. Contributive justice demands a work environment where people are stimulated to develop skills and learn to be productive. It also suggests a fairer distribution of meaningful work and tedious tasks. Building on the notion of contributive justice we explore which capabilities and types of social relationships are sustainably promoted and reinforced by agroecological farming practices. We argue that agroecological principles encourage a reconceptualization of farm work. Farmers are continuously stimulated to develop skills and acquire valuable experiential knowledge on local ecosystems and agricultural techniques. Further, generalized ecological studies recognize the significance of the farmer’s observations on natural resources management. This contributes to the development of a number of capabilities and leads to more bargaining power, facilitating self-determination. Hereby farm work is made more attractive to a younger generation, which is an essential factor for safeguarding the continuity of family farms. (shrink)

Politicians around the globe wrangle about how to deal with trade imbalances. In the Eurozone, members running a trade deficit accuse members running a surplus of forcing them into deficit. Yet pol...

Emergence of the requirement of justice -- Justice's major platforms -- Justice within human rights -- Judges' balancing exercise -- The calculus of social harmonization -- Equilibrating the forces of attraction and repulsion -- Principles of justice and the reasons for their mixing -- Metrics and dialectics for a reflective equilibrium -- Social institutions as equilibrium setting tools.

In clinical mental health research with children, both child and parent are essential members of the research team. The 3 R's of parent/child team membership are respect, rapport, and recognition. Respect and recognition include fair reimbursement for time, expense, and inconvenience, but the most important compensation for many families is the appreciation of the other team members for their sacrifice and cooperation. Reimbursement, although honoring the principles of justice and respect for persons, raises difficult issues about appropriate amount, particularly (...) in research involving children. The 3 R's are supported by the investigator 5 A's: attitude, adaptability, availability, attachment, and appreciation. Although the principles seem clear in the abstract, implementation encounters many practical problems. Perhaps the most difficult of these is determining the appropriate amount of compensation that avoids undue inducement but not at the expense of the 3 R's and 5 A's. (shrink)

Selection within the educational domain breeds a special kind of suspicion. Whether it is the absence of transparency in the selection procedure, the observable outcomes of the selection, or the criteria of selection itself, there is much to corroborate the suspicion many have that selection in practice is unfair. And certainly as it concerns primary and secondary education, the principle of educational equity requires that children not have their educational experiences or opportunities determined by their postcode, their ethnic status, first (...) language, or family wealth. Indeed educational opportunities determined by unearned advantage or disadvantage offend against basic notions of fairness. But are public schools even permitted to select their students, and if so, how can selection procedures used by schools be best structured to achieve equitable ends? In this article we delineate, describe, and defend what we believe are the essential features of selection and also why we need to pay equal attention to both the outcomes and the processes leading to those outcomes. Provided the selection is motivated and guided by the right reasons, as well as appropriately monitored, we argue that selection can be equity promoting. (shrink)

An idea salient in the African and East Asian philosophical traditions is that the right sort of socio-political interaction would be similar to the intuitive ways that family members ought to relate to each other. Applying this perspective to economic and ecological inequalities, I articulate some principles implicit in healthy familial relationships, show what they entail for certain aspects of distributive justice at the national level, and contend that the implications are plausible relative to competing theories such as utilitarianism, (...) Rawlsianism, and the Capabilities Approach. Specifically, I maintain that reflection on familial norms suggests that an array of objective goods, particularly ones pertaining to relationality, the development of talents, and life, should be central to what the state distributes, an account that rivals subjective well-being, primary goods, or democratically chosen capabilities. When it comes to how much the state should ideally ensure each citizen has, reflection on familial norms supports a new, balancing approach, according to which all have a comparable share of resources needed for objective goodness, but more go to those with great ability or great disability, an approach that differs, and plausibly so, from maximizing, prioritizing the worst off, equalizing, or providing a sufficient minimum. (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)

Distributive justice and political legitimacy are different concepts with different roles. In John Rawls’s justice as fairness, the primary subject of justice is the basic structure of society. The primary subject of legitimacy, in contrast, is the exercise of political power. Rawls claims that legitimacy is weaker than justice—a law may be legitimate even though it is unjust. Rawls also claims that a conception of legitimacy would be selected in the original position and that the argument (...) for its adoption "is much the same as, and as strong as, the argument for the principles of justice themselves." But if the parties in the original position have much the same reason to adopt a conception of legitimacy as they have to adopt a conception of justice, why is legitimacy less demanding than justice? If principles of justice and legitimacy are selected in the same way and for the same reasons, their requirements should not diverge. I propose a solution to this conflation problem. I argue that principles of political legitimacy should be selected in a special session of the original position that differs in key respects from the general session in which the two principles of justice as fairness are selected. I also suggest that insofar as the principles of legitimacy selected in this session do allow for some latitude of injustice, as is likely, the demands of legitimacy should take lexical priority over any competing demands of justice. (shrink)

Energy justice is often conceived of as consisting of distributive, procedural, and recognitional justice. This article adds epistemic justice, which engages with the question of how the exchange of knowledge can be shaped fairly. Energy issues ramify across social worlds, connecting to multiple knowledge systems. The conventional elements of energy justice place specific demands on how different knowledge systems must be accommodated. Epistemic work must be done to bridge epistemological differences and pay due respect to different (...) forms of knowledge. Energy justice should not neglect this epistemic work, and it cannot be assumed that it is sufficient to invite stakeholders to the discussion arena. I argue that fair ways of dealing with knowledge and fair opportunities for citizens to contribute knowledge to energy affairs are crucial to achieving energy justice of any general form. Also, this epistemic justice is not to be seen as yet another pillar of energy justice but a concern that runs through all pillars of energy justice. (shrink)

L’Esquisse du droit familial de Fichte est un texte rarement commenté et presque toujours jugé marginal. Or le considérer ainsi, c’est s’interdire de comprendre le dispositif particulier de cette annexe au Fondement du droit naturel et de réaliser quel péril Fichte a fait courir à sa philosophie du droit en rédigeant un tel opuscule. Dans la mesure où Fichte fait dépendre son droit familial des données biologiques imposées par la nature, ce ne sont pas en effet les conclusions de cette (...) Esquisse qui la rendent peu compatible avec son système du droit, mais ses prémisses. Cet article tente de montrer qu’un droit familial réellement fidèle à la doctrine fichtéenne du droit reste à écrire. Et, au-delà de l’exégèse philosophique, il s’agit aussi de montrer ici l’inconséquence de certaines dispositions du droit de la bioéthique visant à ériger la Nature en norme transcendante du droit.The Outline of Family Right by Fichte is generally considered as a minor text by most scholars when it is studied at all. However, such a point of view does not enable one to comprehend Fichte’s motives for this appendix to the Foundations of Natural Right and to realize how much he jeopardized his work on the philosophy of Right by writing such an opuscule. Indeed, as Fichte enslaves his family Right to biological data, what makes that Outline almost incompatible with his system of Right is its premisses, not its conclusions. What this article tries to demonstrate is that a fully Fichtean family Right remains to be written. Beyond the philosophical interpretation, the aim of this article is eventually to point out the inconsistency of some contemporary articles, e.g. in the French laws of Bioethics, seeking to hold Nature for the transcendent norm of Right. (shrink)

This contribution explores correctives to several errors that Thomas Nagel seems to presuppose in his seminal defence of scepticism about global justice. I rely on lessons learned and conventions surviving in West African contemporary social and moral contexts, where people engage as a matter of course in divergent, historically antagonistic cultural and political traditions. On this view, global justice is a work in progress—not a fixed univocal formula but an on-going collaborative effort, a project in perpetual renovation and (...) inter-cultural reconsideration by successive generations which presupposes a diversity of values and ways of sanctifying human life. I consider ways in which an ethics of care, as suggested by Virginia Held, might have been anticipated by the time-honoured norms of governance and political culture surviving in complex African polities, cultures which have withstood the corrosion of external colonialism since early modernity. How might iconically African, universally fundamental moral notions of decency and fairness find their way back into the global marketplace of diplomatic discourse and economic policy design?To demonstrate the need to navigate towards some consensus within the diversity of indigenous concepts associated with justice and good governance in Africa, I discuss the fiasco displayed in a widely celebrated proposal for exercising globally principles of justice in the Western liberal political tradition applied to remedy Africans’ notorious resource curse. (shrink)

Almost every country today contains adherents of different religions and different secular conceptions of the good life. Is there any alternative to a power struggle among them, leading most probably to either civil war or repression? The argument of this book is that justice as impartiality offers a solution. According to the theory of justice as impartiality, principles of justice are those principles that provide a reasonable basis for the unforced assent of those subject to them. The (...) object of this book is to set the theory out, explain its rationale, and respond to a variety of criticism that have been made of it. As the second volume of his work-in-progress, A Treatise on Social Justice, this work lies at the heart of a thriving academic debate which the author has played a key role in shaping. (shrink)

The value of autonomy is a hallmark of liberal doctrine. It would seem to follow that liberals must reject the practice of “arranged marriage” on the grounds that the “arranging” component of the practice eschews autonomy and individuality. However, in policy debates in Great Britain, the difference between “arranged marriage” and “forced marriage” has been defined as the presence of autonomy or free choice for an arranged marriage and their absence in cases of forced marriage. A paradox seems to result: (...) arranged marriage is defined as a marriage practice that both rejects autonomy and requires autonomy. In this article, I will show that the resultant paradox arises from the inadequacy of the autonomy analysis rather than from any intrinsically puzzling feature of arranged marriage. I then offer an alternative normative framework to assess arranged marriage’s potential contribution to a just society. My tri-metric analysis for arranged marriage includes the autonomy of the participants (Metric 1), as well as two societal metrics: the fairness of the distribution of care-giving labor (Metric 2) and the degree to which the society meets its members’ legitimate needs for care (Metric 3). (shrink)

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

Jean Hampton argues that we can detect exploitation in personal relationships by thinking about what we would agree to were we to set aside the emotional benefits we receive from those relationships. Hampton calls her account "feminist contractarianism," but it has recently been critiqued as decidedly unfeminist, on the grounds that it is hostile to women's interests and women's values. Furthermore, Hampton's requirement that we imaginatively distance ourselves from our emotional connections to our loved ones--the key element in her contractarian (...) test--is simply ad hoc. In this essay, I will evaluate these objections and offer a new justification for Hampton's test. I conclude that feminist contractarianism is not only a useful tool for detecting exploitation in the family, it is also deserving of its feminist label. (shrink)