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  1. The fallibility objection to the original position.Terence Rajivan Edward - manuscript
    Do individuals in John Rawls’s original position take into account the fallibility of human nature? Some notable commentators on Rawls say that they do or that they should. But this enables us to say that individuals in the original position would not come to an agreement at all.
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  2. Nationalism and the original position.Terence Rajivan Edward - manuscript
    This is a one-page handout presenting some objections nationalists might or do make to John Rawls's original position method.
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  3. Ought-implies-can, the original position, and reflective equilibrium.Terence Rajivan Edward - manuscript
    Are John Rawls’s most noticeable methodological contributions, reflective equilibrium and the original position, consistent with each other? I draw attention to a worry that they stand in inconsistent relationships to the claim that ought implies can: it can only be the case that we ought to do something if we can do it.
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  4. Are reflective equilibrium and the original position consistent? The historical bias problem.Terence Rajivan Edward - manuscript
    In this paper, I present a problem for regarding the reflective equilibrium and original position methods as consistent. I do not prove that there is an inconsistency, but there is a puzzle of how the two methods can be made consistent. The concern about inconsistency is because the former method allows for a kind of historical bias, as noted by T.H. Irwin, whereas the latter method seeks to guard against historical bias.
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  5. Between the original original position and nationalism.Terence Rajivan Edward - manuscript
    In this paper, I present a way in which John Rawls’s original position thought experiment can be brought closer to nationalism. The social science laws can be taken from a nation’s heritage.
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  6. “What is the difference between your subset objection to Rawls on utilitarianism and T.H. Irwin’s commentary?”.Terence Rajivan Edward - manuscript
    T.H. Irwin’s stimulating commentary on John Rawls anticipates but does not make “the subset objection to Rawls.” This term of mine is potentially misleading, but Irwin’s commentary is more so: I argue that relevant parts involve dubious commitments.
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  7. Doing history in the original position.Terence Rajivan Edward - manuscript
    An objection to John Rawls’s original position is that it faces a problem of inconsistent features: the individuals in this hypothetical situation are not supposed to know where they are in history, but they have knowledge of general social science, from which they can infer at which point in time they are. In this paper, I consider two solutions. One of these solutions depends on extending a solution to another well-known objection: that readers cannot imagine lacking the knowledge that these (...)
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  8. Beyond Ideal Theory: Foundations for a Critical Rawlsian Theory of Climate Justice.Paul Clements & Paul Formosa - forthcoming - New Political Science:1-20.
    Rawls’s contractualist approach to justice is well known for its adoption of ideal theory. This approach starts by setting out the political goal or ideal and leaves it to non-ideal or partial compliance theory to map out how to get there. However, Rawls’s use of ideal theory has been criticized by Sen from the right and by Mouffe from the left. We critically address these concerns in the context of developing a Rawlsian approach to climate justice. While the importance of (...)
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  9. Rawls on Just Savings and Economic Growth.Marcos Picchio - forthcoming - Journal of Ethics and Social Philosophy.
    In this article, I address a controversial aspect of Rawls’s treatment of the question of justice between generations: how the parties in the original position could be motivated to select Rawls’s preferred principle of intergenerational savings, which he dubs the just savings principle. I focus on the explanation found in his later work, where he proposes that the correct savings principle is the principle that any generation would have wanted preceding generations to have followed. By expanding upon this explanation, I (...)
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  10. Political Liberalism and Cognitive Disability: an Inclusive Account.Areti Theofilopoulou - 2024 - Critical Review of International Social and Political Philosophy 27 (2):224-243.
    In this paper, I argue that, contrary to what some critics suggest, political liberalism is not exclusionary with regards to the rights and interests of individuals with cognitive disabilities. I begin by defending four publicly justifiable reasons that are collectively sufficient for the inclusion of members of this group. Briefly, these are the epistemic uncertainty that inevitably exists about individuals’ actual capacities, the political liberal duty to treat parents fairly, the social framework that is required for the fulfilment of parental (...)
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  11. Allies Against Oppression: Intersectional Feminism, Critical Race Theory, and Rawlsian Liberalism.Marcus Arvan - 2023 - Journal of Ethics and Social Philosophy 26 (2):221-266.
    Liberalism is often claimed to be at odds with feminism and critical race theory (CRT). This article argues, to the contrary, that Rawlsian liberalism supports the central commitments of both. Section 1 argues that Rawlsian liberalism supports intersectional feminism. Section 2 argues that the same is true of CRT. Section 3 then uses Young’s ‘Five Faces of Oppression’—a classic work widely utilized in feminism and CRT to understand and contest many varieties of oppression—to illustrate how Rawlsian liberalism supports diverse feminist (...)
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  12. A Rawlsian Solution to the New Demarcation Problem.Frank Cabrera - 2022 - Canadian Journal of Philosophy 52 (8):810-827.
    In the last two decades, a robust consensus has emerged among philosophers of science, whereby political, ethical, or social values must play some role in scientific inquiry, and that the ‘value-free ideal’ is thus a misguided conception of science. However, the question of how to distinguish, in a principled way, which values may legitimately influence science remains. This question, which has been dubbed the ‘new demarcation problem,’ has until recently received comparatively less attention from philosophers of science. In this paper, (...)
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  13. The Original Position.Marcus Arvan - 2021 - In Helen De Cruz (ed.), Philosophy Illustrated. New York: Oxford University Press.
  14. Una interpretación equilibrada de la posición original de Rawls.Jorge Crego - 2021 - Anales de la Cátedra Francisco Suárez 55:183-208.
    The aim of the present paper is to offer an interpretation of the Rawlsian original position coherent with its own theory of justice. An evaluation of the aforementioned mechanism is presented. Afterwards, in light of it, a solution of the existing overlapping between its elements is offered. The solution is to consider the formal constraints as «partial conclusions», excluding them from the original position. The original position, as an «intermediate stage» aimed at representing the philosophical foundations of Rawls's theory in (...)
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  15. Uncertainty, equality, fraternity.Rush T. Stewart - 2021 - Synthese 199 (3-4):9603-9619.
    Epistemic states of uncertainty play important roles in ethical and political theorizing. Theories that appeal to a “veil of ignorance,” for example, analyze fairness or impartiality in terms of certain states of ignorance. It is important, then, to scrutinize proposed conceptions of ignorance and explore promising alternatives in such contexts. Here, I study Lerner’s probabilistic egalitarian theorem in the setting of imprecise probabilities. Lerner’s theorem assumes that a social planner tasked with distributing income to individuals in a population is “completely (...)
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  16. Rawls’s Self-Defeat: A Formal Analysis.Hun Chung - 2020 - Erkenntnis 85 (5):1169-1197.
    One of John Rawls’s major aims, when he wrote A Theory of Justice, was to present a superior alternative to utilitarianism. Rawls’s worry was that utilitarianism may fail to protect the fundamental rights and liberties of persons in its attempt to maximize total social welfare. Rawls’s main argument against utilitarianism was that, for such reasons, the representative parties in the original position will not choose utilitarianism, but will rather choose his justice as fairness, which he believed would securely protect the (...)
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  17. A Ghost Workers' Bill of Rights: How to Establish a Fair and Safe Gig Work Platform.Julian Friedland, David Balkin & Ramiro Montealegre - 2020 - California Management Review 62 (2).
    Many of us assume that all the free editing and sorting of online content we ordinarily rely on is carried out by AI algorithms — not human persons. Yet in fact, that is often not the case. This is because human workers remain cheaper, quicker, and more reliable than AI for performing myriad tasks where the right answer turns on ineffable contextual criteria too subtle for algorithms to yet decode. The output of this work is then used for machine learning (...)
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  18. Nonideal Justice as Nonideal Fairness.Marcus Arvan - 2019 - Journal of the American Philosophical Association 5 (2):208-228.
    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 (...)
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  19. Global Public Reason, Diversity, and Consent.Samuel Director - 2019 - Philosophical Papers 48 (1):31-57.
    In this paper, I examine global public reason as a method of justifying a global state. Ultimately, I conclude that global public reason fails to justify a global state. This is the case, because global public reason faces an unwinnable dilemma. The global public reason theorist must endorse either a hypothetical theory of consent or an actual theory of consent; if she endorses a theory of hypothetical consent, then she fails to justify her principles; and if she endorses a theory (...)
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  20. Principles of Collective Choice and Constraints of Fairness: Why the Difference Principle Would Be Chosen behind the Veil of Ignorance.Alexander Motchoulski & Phil Smolenski - 2019 - Journal of Philosophy 116 (12):678-690.
    In “The Difference Principle Would Not Be Chosen behind the Veil of Ignorance,” Johan E. Gustafsson argues that the parties in the Original Position would not choose the Difference Principle to regulate their society’s basic structure. In reply to this internal critique, we provide two arguments. First, his choice models do not serve as a counterexample to the choice of the difference principle, as the models must assume that individual rationality scales to collective contexts in a way that begs the (...)
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  21. The Question of Exclusion in Rawlsian Contractualism.Areti Theofilopoulou - 2019 - Dissertation, Oxford University
    This thesis focuses on what I call the question of exclusion. This question, I argue, is one that poses serious challenges to social contract approaches to justice and political legitimacy. In an intuitive way, the exclusion of some individuals seems to be a corollary of the social contractualist approach, which ascribes justice or legitimacy to a social arrangement insofar as it can be regarded as the product of the (actual – expressed or tacit – or hypothetical) consent of specified parties. (...)
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  22. Capabilities, Political Liberalism and Private Law.Thom Brooks - 2018 - Archiv für Rechts- und Sozialphilosophie 104 (4):556-569.
    This article argues political liberalism can and should be revised to improve its relevance to the private law. This approach is not a rejection of political liberalism, but instead a restatement consistent with the fundamental tenets of Rawls’s theory of justice. The first part begins with a brief summary of Rawls’s political liberalism. The second part discusses the strategies used to demonstrate the relevance of Rawls’s theory to the private law. The third part examines how Rawls’s theory can and should (...)
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  23. Secular Buddhism and Justice.Bruno Contestabile - 2018 - Contemporary Buddhism 19 (2):237-250.
    The core idea of secular Buddhism is to grasp the spirit of early Buddhism and transpose it into the present. An application of this idea to the doctrine of rebirth leads to the following result: -/- The doctrine of rebirth cannot be revised in a strict sense, but there are some striking similarities between the ancient and modern (biological) view on the topic. Since the stream of genetic and epigenetic information has the power to create consciousness and reflects experiences of (...)
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  24. John Rawls' 'A Theory of Justice'.Benjamin Davies - 2018 - 1000-Word Philosophy: An Introductory Anthology.
    Some people are multi-billionaires; others die because they are too poor to afford food or medications. In many countries, people are denied rights to free speech, to participate in political life, or to pursue a career, because of their gender, religion, race or other factors, while their fellow citizens enjoy these rights. In many societies, what best predicts your future income, or whether you will attend college, is your parents’ income. -/- To many, these facts seem unjust. Others disagree: even (...)
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  25. The Difference Principle Would Not Be Chosen behind the Veil of Ignorance.Johan E. Gustafsson - 2018 - Journal of Philosophy 115 (11):588-604.
    John Rawls argues that the Difference Principle would be chosen by parties trying to advance their individual interests behind the Veil of Ignorance. Behind this veil, the parties do not know who they are and they are unable to assign or estimate probabilities to their turning out to be any particular person in society. Much discussion of Rawls’s argument concerns whether he can plausibly rule out the parties’ having access to probabilities about who they are. Nevertheless, I argue that, even (...)
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  26. The Rawls–Harsanyi Dispute: A Moral Point of View.Michael Moehler - 2018 - Pacific Philosophical Quarterly 99 (1):82-99.
    Central to the Rawls–Harsanyi dispute is the question of whether the core modeling device of Rawls' theory of justice, the original position, justifies Rawls' principles of justice, as Rawls suggests, or whether it justifies the average utility principle, as Harsanyi suggests. Many commentators agree with Harsanyi and consider this dispute to be primarily about the correct application of normative decision theory to Rawls' original position. I argue that, if adequately conceived, the Rawls–Harsanyi dispute is not primarily a dispute about the (...)
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  27. Prioritarianism without Consequentialism.Yingying Tang & Lei Zhong - 2018 - Kriterion: Journal of Philosophy 59 (141):943-956.
    According to prioritarianism, an influential theory of distributive justice, we have a stronger reason to benefit people the worse off these people are. Many authors have adopted a consequentialist version of prioritarianism. On this account, we have a consequentialist reason to benefit the worse off because the state of affairs where the worse off gains a given amount of utility is more valuable than the state of affairs where the better off gains roughly the same amount of utility. In this (...)
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  28. Justice at the Margins: The Social Contract and the Challenge of Marginal Cases.Nathan Bauer & David Svolba - 2017 - Southern Journal of Philosophy 55 (1):51-67.
    Attempts to justify the special moral status of human beings over other animals face a well-known objection: the challenge of marginal cases. If we attempt to ground this special status in the unique rationality of humans, then it becomes difficult to see why nonrational humans should be treated any differently than other, nonhuman animals. We respond to this challenge by turning to the social contract tradition. In particular, we identify an important role for the concept of recognition in attempts to (...)
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  29. The savings problem in the original position: assessing and revising a model.Eric Brandstedt - 2017 - Canadian Journal of Philosophy 47 (2):269-289.
    The common conception of justice as reciprocity seemingly is inapplicable to relations between non-overlapping generations. This is a challenge also to John Rawls’s theory of justice as fairness. This text responds to this by way of reinterpreting and developing Rawls’s theory. First, by examining the original position as a model, some revisions of it are shown to be wanting. Second, by drawing on the methodology of constructivism, an alternative solution is proposed: an amendment to the primary goods named ‘sustainability of (...)
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  30. Taking Risks Behind the Veil of Ignorance.Buchak Lara - 2017 - Ethics 127 (3):610-644.
    A natural view in distributive ethics is that everyone's interests matter, but the interests of the relatively worse off matter more than the interests of the relatively better off. I provide a new argument for this view. The argument takes as its starting point the proposal, due to Harsanyi and Rawls, that facts about distributive ethics are discerned from individual preferences in the "original position." I draw on recent work in decision theory, along with an intuitive principle about risk-taking, to (...)
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  31. La justice intergénérationnelle.Danielle Zwarthoed - 2017 - In Gilles Campagnolo & Jean-Sébastien Gharbi (eds.), Philosophie économique. Editions Matériologiques. pp. 215-257.
    Résumé: Ce chapitre porte sur les théories de la justice distributive entre générations. La première partie discute trois défis à la possibilité même de parler d’obligations de justice intergénérationnelle : le problème de la non-existence, le problème de la non-identité, la conclusion répugnante. La deuxième partie discute la justification et la définition des obligations de justice à l’égard des générations futures, à partir de trois théories : le suffisantisme, le welfarisme, le principe de juste épargne de Rawls. Cette discussion conclut (...)
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  32. Non-social human beings in the original position.Terence Rajivan Edward - 2016 - Philosophical Pathways (205).
    This paper argues that Rawls must commit himself to non-social human beings to defend his original position procedure.
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  33. Rawls versus utilitarianism: the subset objection.Terence Rajivan Edward - 2016 - E-Logos Electronic Journal for Philosophy 23 (2):37-41.
    This paper presents an objection to John Rawls’s use of the original position method to argue against implementing utilitarian rules. The use of this method is pointless because a small subset of the premises Rawls relies on can be used to infer the same conclusion.
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  34. Beyond Rawls' Fiction: The Veil of Ignorance Is Real.Harold Anthony Lloyd - 2016 - Huffington Post.
    Brief thoughts on why Rawls' "fictional" veil of ignorance is in fact real and why social morals and self-interest thus converge.
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  35. Impartiality, Priority, and Justice: The Veil of Ignorance Reconsidered.Michael Moehler - 2016 - Journal of Social Philosophy 47 (3):350-367.
    In this article, I defend the veil of ignorance against the objection that the device is inadequate for deriving demands of justice, because the veil of ignorance purportedly enforces a stronger form of impartiality than Kant’s categorical imperative and, primarily as a consequence, it generally leads to non-prioritarian conclusions. I show that the moral ideal of impartiality that is expressed by the veil of ignorance is not essentially different from Kant’s notion of impartiality and that it does not generally lead (...)
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  36. ¿Distribución o reconocimiento? Un análisis a partir de John Rawls.Pablo Andrés Aguayo Westwood - 2015 - Quaderns de Filosofia 2 (2):11-28.
    En este artículo defiendo que la concepción rawlsiana de la justicia distributiva va más allá de los márgenes de la justicia asignativa y que esta presenta buenos argumentos para hacer frente a las demandas de reconocimiento. Para alcanzar este objetivo, en primer lugar muestro que algunos críticos del paradigma liberal distributivo malinterpretan la concepción de la justicia distributiva elaborada por Rawls y reducen su finalidad a un mero reparto de bienes. Al hacer lo anterior, ellos no logran comprender la dimensión (...)
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  37. Rawls's Political Liberalism.Thom Brooks & Martha Craven Nussbaum (eds.) - 2015 - New York: Cambridge University Press.
    Widely hailed as one of the most significant works in modern political philosophy, John Rawls's _Political Liberalism_ defended a powerful vision of society that respects reasonable ways of life, both religious and secular. These core values have never been more critical as anxiety grows over political and religious difference and new restrictions are placed on peaceful protest and individual expression. This anthology of original essays suggests new, groundbreaking applications of Rawls's work in multiple disciplines and contexts. Thom Brooks, Martha Nussbaum, (...)
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  38. On Susan Moller Okin’s “Reason and Feeling in Thinking about Justice”.Alison M. Jaggar - 2015 - Ethics 125 (4):1127-1131.
    An essay on the article "Reason and Feeling in Thinking about Justice," by Susan Moller Okin is presented. It offers a history of the original position in philosophical reasoning for explaining a sense of justice and examines feminist criticisms against such thinking for failure to appreciate differences and otherness while focused on universality and impartiality. The author relates the choice feminist theories on ethic of sympathy or care for others in place of an ethic of justice in general.
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  39. The Political Philosophy of G. A. Cohen.Nicholas Vrousalis - 2015 - Bloomsbury Academic.
  40. First Steps Toward a Nonideal Theory of Justice.Marcus Arvan - 2014 - Ethics and Global Politics 7 (3):95-117.
    Theorists have long debated whether John Rawls’ conception of justice as fairness can be extended to nonideal (i.e. unjust) social and political conditions, and if so, what the proper way of extending it is. This paper argues that in order to properly extend justice as fairness to nonideal conditions, Rawls’ most famous innovation – the original position – must be reconceived in the form of a “nonideal original position.” I begin by providing a new analysis of the ideal/nonideal theory distinction (...)
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  41. The Choice of Economic Systems in the Rawlsian Original Position.Justin P. Holt - 2011 - Critique: Journal of Socialist Theory 3 (39):393-405.
    Rawls’s consideration not to include the choice of economic systems as part of a theory of justice is inconsistent with his comments on redistribution and the political effects of economic inequality. When Rawls’s discussion of economic systems and his discussion of economic inequalities is examined, it is apparent that the selection of economic systems is a pertinent topic for a theory of justice. The propensity for the primary social good of self-respect to be satisfied can be affected by the selection (...)
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  42. Rawls and Rousseau: Amour-Propre and the Strains of Commitment.Robert Jubb - 2011 - Res Publica 17 (3):245-260.
    In this paper I try to illuminate the Rawlsian architectonic through an interpretation of what Rawls’ Lectures on the History of Political Philosophy say about Rousseau. I argue that Rawls’ emphasis there when discussing Rousseau on interpreting amour-propre so as to make it compatible with a life in at least some societies draws attention to, and helps explicate, an analogous feature of his own work, the strains of commitment broadly conceived. Both are centrally connected with protecting a sense of self (...)
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  43. A Critique of the Incentives Argument for Inequalities.Max Seeger - 2011 - Kriterion - Journal of Philosophy 25 (1):40-52.
    According to the incentives argument, inequalities in material goods are justifiable if they are to the benefit of the worst off members of society. In this paper, I point out what is easily overlooked, namely that inequalities are justifiable only if they are to the overall benefit of the worst off, that is, in terms of both material and social goods. I then address the question how gains in material goods can be weighed against probable losses in social goods. The (...)
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  44. The Australian Book of Atheism.Warren Bonett (ed.) - 2010 - Scribe Publications.
    Does the Anzac ethos have roots in atheism? Does prayer have a place in Parliament? Should 'creation science' be taught in Australian schools? The Australian Book of Atheism is the first collection to explore atheism from an Australian viewpoint. Bringing together essays from 33 of the nation's pre-eminent atheist, rationalist, humanist, and sceptical thinkers, it canvasses a range of opinions on religion and secularism in Australia.
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  45. Justice, Constructivism, and The Egalitarian Ethos.A. Faik Kurtulmus - 2010 - Dissertation, University of Oxford
    This thesis defends John Rawls’s constructivist theory of justice against three distinct challenges. -/- Part one addresses G. A. Cohen’s claim that Rawls’s constructivism is committed to a mistaken thesis about the relationship between facts and principles. It argues that Rawls’s constructivist procedure embodies substantial moral commitments, and offers an intra-normative reduction rather than a metaethical account. Rawls’s claims about the role of facts in moral theorizing in A Theory of Justice should be interpreted as suggesting that some of our (...)
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  46. The (Stabilized) Nash Bargaining Solution as a Principle of Distributive Justice.Michael Moehler - 2010 - Utilitas 22 (4):447-473.
    It is argued that the Nash bargaining solution cannot serve as a principle of distributive justice because (i) it cannot secure stable cooperation in repeated interactions and (ii) it cannot capture our moral intuitions concerning distributive questions. In this article, I propose a solution to the first problem by amending the Nash bargaining solution so that it can maintain stable cooperation among rational bargainers. I call the resulting principle the stabilized Nash bargaining solution. The principle defends justice in the form (...)
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  47. The role of secularism in protecting religion.John S. Wilkins - 2010 - In Warren Bonett (ed.), The Australian Book of Atheism. Embiggen Books.
  48. La question générationnelle et l'héritage rawlsien.Axel Gosseries - 2009 - Raisons Politiques (34):31-56.
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  49. Debate: Ideal Theory—A Reply to Valentini.Holly Lawford-Smith - 2009 - Journal of Political Philosophy 18 (3):357-368.
    In her ‘On the apparent paradox of ideal theory’, Laura Valentini combines three supposedly plausible premises to derive the paradoxical result that ideal theory is both unable to, and indispensable for, guiding action. Her strategy is to undermine one of the three premises by arguing that there are good and bad kinds of ideal theory, and only the bad kinds are vulnerable to the strongest version of their opponents’ attack. By undermining one of the three premises she releases ideal theorists (...)
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  50. A Nonideal Theory of Justice.Marcus Arvan - 2008 - Dissertation, University of Arizona
    This dissertation defends a “non-ideal theory” of justice: a systematic theory of how to respond justly to injustice. Chapter 1 argues that contemporary political philosophy lacks a non-ideal theory of justice, and defends a variation of John Rawls’ famous original position – a Non-Ideal Original Position – as a method with which to construct such a theory. Chapter 1 then uses the Non-Ideal Original Position to argue for a Fundamental Principle of Non-Ideal Theory: a principle that requires injustices to be (...)
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