Alan Carter correctly argues that Thomas Schwartz's 'future persons paradox' applies with equal force to utilitarianism, rights theory and Aristotelian ethics. His criticism of Rawls's 'justice between generations' is less successful, because of his failure (and perhaps Rawls's as well) to fully appreciate the hypothetical nature of the 'original position'. Carter's attempt to refute Schwartz's argument by focusing on the individuality of moral action fails, since it evades the essential point of Schwartz's argument. The best response to Schwartz is to (...) concede the essential validity of his argument and then to turn that argument into an ad absurdum refutation of his central premise,'the person affecting principle'. (shrink)

The lingering mystery of John Rawls’s reflective equilibrium is that its nature is unclear. Rawls at times suggests he is merely describing people’s conceptions of justice, whereas at other times he implies that his reflective equilibrium is a way to justify his conception of justice. Faced with seemingly conflictual passages, most scholars privilege the justificatory ones. However, I argue that this is not an effective strategy because understanding how the descriptive and justificatory aspects of reflective equilibrium fit together is the (...) key to unlocking its nature and actual force. This paper compares Rawls’s method to the philosophical method of later Wittgenstein in his so-called private language argument to argue how the descriptive and justificatory aspects of Rawls’s reflective equilibrium fit together. In my view, both philosophers’ methods are descriptive clarifications of our unclear conceptions. However, their clarification is not just descriptive; they also aim at their readers achieving enlightenment. Importantly, I argue, that enlightenment offers us justification of the conception resulting from their clarification. Hence, their methods are justificatory as well. Finally, I claim that this way of understanding reflective equilibrium makes us realise how Rawls could respond to a prominent objection to it. (shrink)

Why is someone enduringly prized as a philosopher? To answer this question, this historical case study examines the intersecting careers of John Rawls and R. M. Hare. It looks at their writings, a complex chain of disagreements, the argumentative dimension. The essay moreover explores the clash of differing temperaments. Finally, themes in addition to ratiocination and personality are factored in: the leanings of the institutions that control access to intellectual endeavor; the public square—politics widely conceived—into which the two men were (...) thrown; and the cultural rivalry between England and America after World War Two. (shrink)

In A Theory of Justice, John Rawls provides several arguments contractors in the original position using maximin reasoning, which leads directly to the difference principle. These arguments are inadequate to support the claim that maximin reasoning is the uniquely rational approach to choice in the original position.

John Rawls's A Theory of Justice has reshaped liberal political theory, but what fruitful arguments does it generate today, fifty years after its publication? To show Theory's productive contempora...

Constitutivism aims to justify substantial normative standards as constitutive of practical reason. In this way, it can defend the constructivist commitment to avoiding realism and anti-realism in normative disciplines. This metaphysical debate is the perspective from which the nature of the constitutivist justification is usually discussed. In this paper, I focus on a related, but distinct, debate. My concern will not be whether the substantial normative claims asserted by the constructivist have some elements, which are not constructed, but real, given (...) independently from us; instead, my concern will be more narrowly epistemic – whether those claims can be derived from premises, which are normatively less substantial than the normative conclusions themselves. I focus on Korsgaard’s transcendental articulation of the constitutivist argument. I conclude that more work would need to be done, in order for this argument to function as intended. (shrink)