It has long been argued that the institution of judicial review is incompatible with democratic institutions. This criticism usually relies on a procedural conception of democracy, according to which democracy is essentially a form of government defined by equal political rights and majority rule. I argue that if we see democracy not just as a form of government, but more basically as a form of sovereignty, then there is a way to conceive of judicial review as a legitimate democratic institution. (...) The conception of democracy that stems from the social contract tradition of Locke, Rousseau, Kant and Rawls, is based in an ideal of the equality, independence, and original political jurisdiction of all citizens. Certain equal basic rights, in addition to equal political rights, are a part of democratic sovereignty. In exercising their constituent power at the level of constitutional choice, free and equal persons could choose judicial review as one of the constitutional mechanisms for protecting their equal basic rights. As such, judicial review can be seen as a kind of shared precommitment by sovereign citizens to maintaining their equal status in the exercise of their political rights in ordinary legislative procedures. I discuss the conditions under which judicial review is appropriate in a constitutional democracy. This argument is contrasted with Hamilton's traditional argument for judicial review, based in separation of powers and the nature of judicial authority. I conclude with some remarks on the consequences for constitutional interpretation. (shrink)

Samuel Freeman was a student of the influential philosopher John Rawls, he has edited numerous books dedicated to Rawls' work and is arguably Rawls' foremost interpreter. This volume collects new and previously published articles by Freeman on Rawls. Among other things, Freeman places Rawls within historical context in the social contract tradition, and thoughtfully addresses criticisms of this position. Not only is Freeman a leading authority on Rawls, but he is an excellent thinker in his (...) own right, and these articles will be useful to a wide range of scholars interested in Rawls and the expanse of his influence. (shrink)

Each volume of this series of companions to major philosophers contains specially commissioned essays by an international team of scholars and will serve as a reference work for students and nonspecialists. John Rawls is the most significant and influential philosopher and moral philosopher of the twentieth century. His work has profoundly shaped contemporary discussions of social, political and economic justice in philosophy, law, political science, economics and other social disciplines. In this exciting collection of new essays, many of the world's (...) leading political and moral theorists discuss the full range of Rawls's contribution to the concepts of political and economic justice, democracy, liberalism, constitutionalism, and international justice. There are also assessments of Rawls's controversial relationships with feminism, utilitarianism and communitarianism. New readers will find this the most accessible guide to Rawls currently available. Advanced students and specialists will find a conspectus of recent developments in the interpretation of Rawls. (shrink)

Liberalism generally holds that legitimate political power is limited and is to be impartially exercised, only for the public good. Liberals accordingly assign political priority to maintaining certain basic liberties and equality of opportunities; they advocate an essential role for markets in economic activity, and they recognize government's crucial role in correcting market breakdowns and providing public goods. Classical liberalism and what I call “the high liberal tradition” are two main branches of liberalism. Classical liberalism evolved from the works of (...) Adam Smith and the classical utilitarian economists; its major 20th century representatives include Friedrich Hayek and Milton Friedman. The high liberal tradition developed from John Stuart Mill's works, and its major philosophical representatives in the 20th century are John Dewey and, later, John Rawls. This paper discusses the main distinguishing features of the classical and the high liberal traditions and their respective positions regarding capitalism as an economic and social system. Classical liberals, unlike high liberals, regard economic liberties and rights of private property in productive resources to be nearly as important as basic liberties. They conceive of equality of opportunity in more formal terms, and regard capitalist markets and the price system as essential not only to the allocation of production resources, but also as the fundamental criterion for the just distribution of income, wealth, and economic powers. High liberals, by contrast, regard the economic liberties as subordinate to the exercise of personal and civic liberties. They are prepared to regulate and restrict economic liberties to achieve greater equality of opportunities, reduce inequalities of economic powers, and promote a broader conception of the public good. And while high liberals endorse markets and the price system as essential to allocation of productive resources, they do not regard markets as the fundamental criterion for assessing just distributions of income, wealth, and economic powers and positions of responsibility. The paper concludes with some reflections upon the essential role that dissimilar conceptions of persons and society play in grounding the different positions on economic justice that classical and high liberals advocate. (shrink)

This review essay on three recent books on John Rawls’s theory of justice, by Catherine Audard, Samuel Freeman, and Thomas Pogge, describes the great boon they offer serious students of Rawls. They form a united front in firmly and definitively rebuffing Robert Nozick’s libertarian critique, Michael Sandel’s communitarian critique, and more generally critiques of “neutralist liberalism,” as well as in affirming the basic unity of Rawls’s position. At a deeper level, however, they diverge, and in ways that, this (...) essay suggests, go astray on subtle questions of interpretation: Freeman overemphasizes reciprocity, Pogge miscasts Rawls as a consequentialist, and Audard exaggerates the Kantian aspect of Rawls’s core, continuing commitment to “doctrinal autonomy.”. (shrink)

The two justificatory roles of the social contract are establishing whether or not a state is legitimate simpliciter and establishing whether any particular individual is politically obligated to obey the dictates of its governing institutions. Rawls's theory is obviously designed to address the first role but less obviously the other. Rawls does offer a duty-based theory of political obligation that has been criticized by neo-Lockean A. John Simmons. I assess Simmons's criticisms and the possible responses that could be made to (...) them, including those offered by Samuel Freeman. I conclude they rest on a Rawlsian equivocation and ultimately fail. (shrink)

Born and raised in Baltimore, Maryland, John Rawls received his undergraduate and graduate education at Princeton. After earning his Ph.D. in philosophy in 1950, Rawls taught at Princeton, Cornell, the Massachusetts Institute of Technology, and, since 1962, at Harvard, where he is now emeritus. Rawls is best known for A Theory of Justice (1971) and for developments of that theory he has published since. Rawls believes that the utilitarian tradition has dominated modern political philosophy in English-speaking countries because its critics (...) have failed to develop an alternative social and political theory as complete and systematic. Rawls's aim is to develop such an alternative: a contractarian view of justice, derived from the tradition of Locke, Rousseau, and especially Kant. Rawls carries social contract theory to a "higher order of abstraction" by viewing the principles of justice themselves as the objects of a social contract. Justice is the solution to a problem, which arises in this way: Society, as it is conceived in a liberal democracy, is a cooperative venture between free and equal persons for their mutual advantage. Individuals participate in it in order to implement their conceptions of the good life. Cooperation makes a better life possible for everyone by increasing the stock of what Rawls calls "primary goods" - things which it is rational to want whatever else you want, because they are required for any conception of a good life. Primary social goods include rights, liberties, powers, opportunities, income, wealth, and the social bases of self-respect. But society is also characterized by conflict, since people disagree not only about how its benefits and burdens should be distributed, but also about conceptions of the good. Principles of justice are used to evaluate the distributions of benefits and burdens and the institutions which effect them. Rawls's idea is to identify an acceptable conception of justice by asking what principles it would be reasonable for the members of society to agree to, which is to say, what principles would be fair.. (shrink)

From the mid-1960s to the mid-1990s the most influential American philosopher of the twentieth century treated the students of Harvard University to a course on the history of modern political philosophy stretching roughly from Hobbes to Marx. John Rawls’ lectures and lecture notes have now been carefully edited by Samuel Freeman into a magnificently odd book.As in the earlier collection of his class material, Lectures on the History of Moral Philosophy , Rawls’ approach to the history of political (...) thought is neither condescending nor particularly showy. One might think of his historical work as the negative image of Bertrand Russell’s. Rawls is modest, diligent, and constructive. “We must have confidence in the author, especially a gifted one” Rawls insists. “If we see that something is wrong when we take the text in a certain way, then we assume the author would have seen it too. So our interpretation is likely to be wrong”. (shrink)

The concept of sustainable and responsible (SR) investments expresses that every investment should be based on the SR investor’s code of ethics. To a large extent the allocation of SR investments to more sustainable companies and ethical practices is based on the environmental, social, and corporate governance (ESG) scores provided by rating agencies. However, a thorough investigation of ESG scores is a neglected topic in the literature. This paper uses Thomson Reuters ASSET4 ESG ratings to analyze the influence of firm (...) size, a company’s available resources for providing ESG data, and the availability of a company’s ESG data on the company’s sustainability performance. We find a significant positive correlation between the stated variables, which can be explained by organizational legitimacy. The results raise the question of whether the way the ESG score measures corporate sustainability gives an advantage to larger firms with more resources while not providing SR investors with the information needed to make decisions based on their beliefs. Due to our results, SR investors and scholars should reopen the discussion about: what sustainability rating agencies measure with ESG scores, what exactly needs to be measured, and if the sustainable finance community can reach their self-imposed objectives with this measurement. (shrink)

The UK Chief Medical Officer’s 2016 Annual Report, Generation Genome, focused on a vision to fully integrate genomics into all aspects of the UK’s National Health Service. This process of integration, which has now already begun, raises a wide range of social and ethical concerns, many of which were discussed in the final Chapter of the report. This paper explores how the UK’s 100,000 Genomes Project —the catalyst for Generation Genome, and for bringing genomics into the NHS—is negotiating these ethical (...) concerns. The UK’s 100 kGP, promoted and delivered by Genomics England Limited, is an innovative venture aiming to sequence 100,000 genomes from NHS patients who have a rare disease, cancer, or an infectious disease. GEL has emphasised the importance of ethical governance and decision-making. However, some sociological critique argues that biomedical/technological organisations presenting themselves as ‘ethical’ entities do not necessarily reflect a space within which moral thinking occurs. Rather, the ‘ethical work’ conducted by organisations is more strategic, relating to the politics of the organisation and the need to build public confidence. We set out to explore whether GEL’s ethical framework was reflective of this critique, and what this tells us more broadly about how genomics is being integrated into the NHS in response to the ethical and social concerns raised in Generation Genome. We do this by drawing on a series of 20 interviews with individuals associated with or working at GEL. (shrink)

This is a book review of "Theism and Ultimate Explanation", by Timothy O'Connor.

Friedrich Engels, in 1895, reissued Marx's 'The Class Struggles in France 1848-1850', with an Introduction endorsing peaceful political tactics. We review the primary evidence to bring order to a confusing picture that emerges from a range of conflicting interpretations of the document. Our conclusions are as follows: First, the 1895 Introduction does not signify a new position, considering Engels' recognition over several decades of political concessions by the British ruling class. Secondly, since from the 1840s Marx too had applauded the (...) potential of the 'Social Democratic' route, at least under the appropriate conditions, we may be confident that he would have approved of Engels' Introduction. Thirdly, the case for universal suffrage was to set the foundations for a classless communist system; Engels, we show, would have found unacceptable a Parliamentary system generating a working-class majority unwilling to carry out a communist program, or a working-class electorate choosing to replace the party at the polls. (shrink)

"[T]he richness of his analysis, [...] his poststrucuralist emphasis on genealogy, historicity, temporality, and discourse can supplement the sometimes arid terms of the agency/structure debate. [...] An invitation to readers who might not normally turn to Continental theory for methodological inspiration, to learn from Chamber's splendid, and, yesy, timely volume." -Diana Coole, Queen Mary University of London , from a book review in the June 04 Perspectives The standard, linear view of history is founded on the belief that political outcomes (...) are predetermined by what has gone before. This book challenges this view, arguing for what Samuel A. Chambers calls an untimely politics which renders the past problematic and the future unpredictable. This pathbreaking argument is advanced through a close reading of key texts in political theory and by entering into debates involving metaphysics, philosophy of language, and psychoanalysis versus discursive analysis. Chambers focuses on the theme of the relevance of language analysis to political debate, answering those critics who insist discourse approaches to politics are irrelevant. Heidegger, Nietzsche, Foucault and Derrida are used to challenge the political burden which is placed on language analysis to prove its value in the real world. Drawing from political theory and cultural studies Chambers takes on the same-sex marriage debate, showing how the use and misuse of language has contributed to an impasse that is not likely to be broken. Wide ranging and insightful, Untimely Politics makes a timely plea for a more politically relevant and culturally engaged form of intellectual engagement. (shrink)

Bertrand Russell and the Nature of Propositions offers the first book-length defence of the Multiple Relation Theory of Judgement (MRTJ). Although the theory was much maligned by Wittgenstein and ultimately rejected by Russell himself, Lebens shows that it provides a rich and insightful way to understand the nature of propositional content. In Part I, Lebens charts the trajectory of Russell’s thought before he adopted the MRTJ. Part II reviews the historical story of the theory: What led Russell to deny the (...) existence of propositions altogether? Why did the theory keep evolving throughout its short life? What role did G. F. Stout play in the evolution of the theory? What was Wittgenstein’s concern with the theory, and, if we can’t know what his concern was exactly, then what are the best contending hypotheses? And why did Russell give the theory up? In Part III, Lebens makes the case that Russell’s concerns with the theory weren’t worth its rejection. Moreover, he argues that the MRTJ does most of what we could want from an account of propositions at little philosophical cost. This book bridges the history of early analytic philosophy with work in contemporary philosophy of language. It advances a bold reading of the theory of descriptions and offers a new understanding of the role of Stout and the representation concern in the evolution of the MRTJ. It also makes a decisive contribution to philosophy of language by demonstrating the viability of a no-proposition theory of propositions. (shrink)

I discuss the volume edited by Andrea Falcon and Stasinos Stavrianeas which includes a new Greek text of Aristotle's De incessu animalium (On the Progression of Animals) by Pantelis Golitsis and nine interpretative essays. Since the De incessu is largely uncharted territory, my main goal is to introduce some of the exegetical debates initiated in this volume and to hint at points of departure for further discussion. I pay particular attention to the famous principle that nature does nothing in vain.