La tesis central de este trabajo es que la tradicional tensión entre substancia y procedimiento socava las estabilidad de la justificación de la concepción liberal más extendida de la legitimidad (la Democracia Deliberativa). Dicha concepciones enfrentan problemas serios a la hora de articular de manera consistente dos dimensiones que parecen ir naturalmente asociadas a la idea de legitimidad: la dimensión procedimental, vinculada a la equidad del procedimiento, y la dimensión epistémica, asociada a la corrección de los resultados. En este trabajo (...) sostengo que a) esa tensión surge de la adopción de una concepción epistemológica social de tipo "veritativo-consecuencialista; b) es posible manejar dicha tensión mediante el remplazo de la epistemología subyacente por una concepción epistemológica social de tipo procedimentalista de orientación pragmatista y c) dicha operación orienta el diseño institucional en una dirección experimentalista. (shrink)

In the last ten or fifteen years, realism has emerged as a distinct approach in political theory. Realists are skeptical about the merits of abstract theories of justice. They regard peace, order, and stability as the primary goals of politics. One of the more concrete aims of realists is to develop a realist perspective on legitimacy. I argue that realist accounts of legitimacy are unconvincing, because they do not solve what I call the “puzzle of legitimacy”: the puzzle of how (...) some persons can have the right to rule over others, given that all persons are equals. I focus on the realist accounts of legitimacy developed by Bernard Williams and John Horton. (shrink)

Der neue politische Realismus erkennt in John Rawls einen Erzfeind. In jüngeren Debatten scheint oft evident zu sein, dass gerade Eine Theorie der Gerechtigkeit exemplarisch für einen Moralismus sei, der die politische Wirklichkeit verzerre. Doch die Sache ist kompliziert. In diesem Aufsatz blicke ich zurück auf sein Frühwerk im Lichte dieser Kritik. Dabei geht es mir um vier Einwände: dass Rawls’ Idealtheorie kein Ratgeber für das politische Handeln und ideologisch verblendet sei; Macht und ihre Legitimierbarkeit nicht überzeugend konzipiere; die Bedeutung (...) politischer Konflikte und Uneinigkeit über den Inhalt der Gerechtigkeit unterschätze; und verkenne, dass eine wahrlich politische Theorie auf die Geschichte eingehen müsse. Wie stichhaltig sind diese Vorwürfe und was fördern sie zutage? Der Aufsatz zeigt, dass selbst Rawls’ erstes Hauptwerk nicht so einfach eines Moralismus überführt werden kann, wie es auf den ersten Blick den Anschein hat. Damit meine ich nicht, dass die Einwände allesamt keinen Biss hätten. Doch werden die Rechtfertigungslasten der Rawls’schen Gerechtigkeitstheorie nicht immer gebührend berücksichtigt; und manche Konterpunkte sind gerade bei wichtigen philosophischen Weggabelungen nicht ausreichend mit argumentativer Substanz untermauert. Wer einen Anti-Moralismus verficht, wofür es gute Gründe gibt, sollte weiterhin das konstruktive Gespräch auch mit dem frühen Rawls suchen und auf die internen Spannungen sowie realistischen Konzessionen seines Egalitarismus achten. (shrink)

The article deals with the features of the interpretation of political justice in the concept of John Rawls. The emergence of the concept of justice by American researcher John Rawls would mark a new stage in the scientific study of the problem of justice. He raises the question of the lack of development of modern capitalism in terms of solving social, political and economic problems. According to Rawls’s concept, the future society should not only be effective, as the theorists and (...) practices of industrial society have called for, but also fair. First of all, for the existence of justice, an unbiased system of ordering institutions is needed. The main subject of justice, according to Rawls, is the basic structure of society, under which he understands the whole set of the most important social, legal, political and economic institutions, the main function of which is the distribution of advantages and burdens arising from the social cooperation of members of the society. From Rawls’s point of view, justice issues are on the agenda when there is a need for a public assessment of the activities of the relevant institutions in order to balance legitimate competing interests and harassment of members of society. In other words, the problem of legitimacy arises when the legitimate rights of people come into contact with each other. Justice in the first place begins with the choice of the fundamental principle of the political, social and legal system of society, which should regulate all further institutional reforms. J. Rawls defines political justice as «the constitutionality of justice», that is, in his understanding, the validity of the functioning of the political sphere, the organization of public administration and the political regime. (shrink)

Can one give an account of a perfectly just society without invoking principles governing our responses to injustice? My claim is that addressing this question puts us in a position to reveal ambiguities and problems with the way in which Rawls draws the ideal/nonideal theory distinction that have so far gone unnoticed. In the first part of my paper, I demonstrate that Rawls’s original definition of the ideal/nonideal theory distinction is ambiguous as it is composed of two different conceptual distinctions, (...) before clarifying the distinctions involved, paying particular attention to the unfamiliar distinction between primary and secondary principles. I then show that we can best account for what Rawls is actually doing at the level of ideal and nonideal theory by invoking this distinction between primary and secondary principles. This result sets the stage for my argument in the second part. I first explain why Rawls does not have access to an understanding of the strict compliance condition that can account for the irrelevance of secondary principles for a complete account of the principles regulating a perfectly just basic structure. I then point out that there is a tension between what Rawls claims to be doing at the level of ideal theory and what he is actually doing at the level of ideal theory. On this basis, I argue that Rawls’s ideal conceptions of justice are incomplete because they do not encompass secondary principles. The Conclusion unpacks the contributions this article makes to the ideal/nonideal theory debate. (shrink)

This paper provides a critical overview of the realist current in contemporary political philosophy. We define political realism on the basis of its attempt to give varying degrees of autonomy to politics as a sphere of human activity, in large part through its exploration of the sources of normativity appropriate for the political and so distinguish sharply between political realism and non-ideal theory. We then identify and discuss four key arguments advanced by political realists: from ideology, from the relationship of (...) ethics to politics, from the priority of legitimacy over justice and from the nature of political judgement. Next, we ask to what extent realism is a methodological approach as opposed to a substantive political position and so discuss the relationship between realism and a few such positions. We close by pointing out the links between contemporary realism and the realist strand that runs through much of the history of Western political thought. (shrink)

In this article, I argue that the fact of reasonable pluralism (FRP) – a famous Rawlsian assumption about the intellectual demographics of liberal democracies – is not as self-evident as is sometimes thought. The problem with the FRP is that in Political Liberalism Rawls is treating the freedoms and burdens story as being sufficient – in itself – to explain the demographics of reasonable pluralism. The inadequacy of the freedoms and burdens story is an indication that the FRP is empirically (...) underdetermined as a way of glossing the belief demographics of liberal democracies. And it is a reason to wonder whether pluralism is as permanent as Rawls thinks. But worldview disagreements are not necessarily so incorrigible. In response to the FRP, it can be asserted that there is nothing that is inherent in the idea of a liberal democracy to preclude the choice by the citizens of a common worldview. (shrink)

In this article, I argue that the fact of reasonable pluralism (FRP) – a famous Rawlsian assumption about the intellectual demographics of liberal democracies – is not as self-evident as is sometimes thought. The problem with the FRP is that in Political Liberalism Rawls is treating the freedoms and burdens story as being sufficient – in itself – to explain the demographics of reasonable pluralism. The inadequacy of the freedoms and burdens story is an indication that the FRP is empirically (...) underdetermined as a way of glossing the belief demographics of liberal democracies. And it is a reason to wonder whether pluralism is as permanent as Rawls thinks. But worldview disagreements are not necessarily so incorrigible. In response to the FRP, it can be asserted that there is nothing that is inherent in the idea of a liberal democracy to preclude the choice by the citizens of a common worldview. (shrink)

Conflicting answers to the question of what principles of justice are for may generate very different ways of theorizing about justice. Indeed divergent answers to it are at the heart of G. A. Cohen's disagreement with John Rawls. Cohen thinks that the roots of this disagreement lie in the constructivist method that Rawls employs, which mistakenly treats the principles that emerge from a procedure that involves factual assumptions as ultimate principles of justice. But I argue that even if Rawls were (...) to abandon his constructivism, and to accept Cohen's argument that ultimate principles of justice are not grounded directly in any facts, their divergent views concerning the proper role of principles of justice would lead them to different conclusions. I contend that even if ultimate principles of justice are not directly grounded in any facts, the role that principles of justice are needed to play may mean that their justification depends upon facts about what is feasible and facts about what is burdensome to people. Contrary to what Cohen maintains, being dependent on the facts in this manner does not preclude a principle from being ultimate; nor do principles which have this sort of dependence on the facts necessarily combine justice with other values in a way that must lead to conflation. (shrink)

:A qualified pluralism is defended that recognizes value in a variety of forms of political theory and resists arguments that purport to show that one particular approach should occupy a privileged position. Against realists, it is argued that abstract analyses of political values that bracket a wide range of facts about people and their circumstances can be both coherent and important, whereas against those who think “ideal theory” or the identification of ultimate principles should come first, it is argued that (...) the case for always giving priority to either one of these is weak. (shrink)

In A Theory of Justice John Rawls proposes that the two principles of justice should be realized through a four-stage sequence of institutional action that starts with a constitution agreed upon by delegates to a constitutional convention. A largely overlooked aspect of this proposal is that delegates are taken to hold conflicting opinions about justice. Their disagreement is one of the factors that determine their institutional choices. This paper employs Bernard Williams’s theory of the political value of liberty to explain (...) and vindicate the role assigned to disagreement at the constitutional convention. Constitutional norms ought to be sensitive to the fact that the functioning of a political order, even one suitably ordered by the most reasonable conception of justice, inevitably involves loss of a precious liberty; the factoring of disagreement into the constitutional convention can fruitfully be understood as a way of modelling this requirement. This exegetical exercise enriches our understanding of the point of constitutions. At the same time it suggests that Rawls may not be as guilty of the cardinal sin of moralism that Williams famously accused him of. (shrink)

In this paper we claim that Rawls’s theory is compatible with the absence of rectification of extremely important historical injustices within a given society. We hold that adding a new principle to justice-as-fairness may amend this problem. There are four possible objections to our claim: First, that historical rectification is not required by justice. Second, that, even when historical rectification is a matter of justice, it is not a matter of distributive justice, so that Rawls’s theory is justified in leaving (...) it unaddressed. Third, that dealing with historical injustice is outside of the scope of ideal theory, so that even when historical rectification is required by justice, Rawls’s theory starts with the assumption that no such historical injustice has occurred. Fourth, that while historical injustice is within the scope of Rawls’s theory, there is no need for further principles of justice to deal with it, so that the correct regulation of the principles of justice-as-fairness would ensure the rectification of all relevant historical injustices of a particular society. While we offer several arguments against the first and second objections, we address the last two at length and show that both fail. (shrink)

This article challenges the association between realist methodology and ideals of legitimacy. Many who seek a more “realistic” or “political” approach to political theory replace the familiar orientation towards a state of justice with a structurally similar orientation towards a state of legitimacy. As a result, they fail to provide more reliable practical guidance, and wrongly displace radical demands. Rather than orienting action towards any state of affairs, I suggest that a more practically useful approach to political theory would directly (...) address judgments, by comparing the concrete possibilities for action faced by real political actors. (shrink)

The notions of “ideal theory” and “nonideal theory” have become widely accepted in political philosophy. Recently, several philosophers’ have urged that ideal theory systematically produces practically irrelevant theories. Such philosophers argue that political philosophy ought move away from ideal theory in order to make the discipline more germane to the unjust real world. Call this tactic of eliminating ideal theory “Strategy.” In this paper, I argue that political philosophy would do well to abandon the ideal/nonideal distinction. Though the use of (...) INID is widespread, philosophers do not have one uniform way of drawing the distinction; of the several common ways of drawing the distinction, none is categorical. As a consequence of this ambiguity, the role that INID plays in our political philosophical theorizing has become pernicious. (shrink)