Economic disparities often translate into disparities in political influence, rendering political liberties less worthy to poor citizens than to wealthier ones. Concerned with this, Rawls advocated that a guarantee of the fair value of political liberties be included in the first principle of justice as fairness, with significant regulatory and distributive implications. He nonetheless supplied little examination of the content and grounding of such guarantee, which we here offer. After examining three uncompelling arguments in its favor, we complete a more (...) promising yet less explored argument that builds on the value of self-respect. We first inspect the conditions and duties that securing self-respect entails. We then look into how uneven allocations of the value of political liberties bear, expressively and due to the power imbalances they yield, on such conditions and duties. (shrink)

Is capitalism compatible with democratic equality? Rawls’s critique of welfare-state capitalism implies a negative answer. I argue that Rawls’s critique fails and that welfare-state capitalism can satisfy the demands of democratic equality. I articulate a social democratic interpretation of the ideal of democratic equality and show that it justifies welfare-state capitalism. This argument also implies that welfare-state capitalism can satisfy the demands of democratic equality as interpreted by Rawls’s justice as fairness. So, whether we accept Rawls’s interpretation of democratic equality (...) or the social democratic alternative, welfare-state capitalism can satisfy the demands of democratic equality. (shrink)

John Rawls famously distinguishes between ideal and nonideal theory, according priority to the former. He depicts his own efforts to articulate the conception of justice as fairness as an instance of ideal theory. Subsequent political theorists have taken Rawls’s distinction as a template for how we should understand the tasks of political theory. Yet they also have struggled to clarify the underlying distinction with notable lack of success. We argue that Rawls himself does not abide by the distinction between ideal (...) and nonideal theory and that this affords a good reason to set the distinction aside as a distraction. (shrink)

In Free Market Fairness, John Tomasi tries to show that ‘thick’ economic liberties, including the right to own productive property, are basic liberties. According to Tomasi, the policy-level consequences of protecting economic liberty as basic are essentially libertarian in character. I argue that if economic liberties are basic, just societies must guarantee their fair value to all citizens. And in order to secure the fair value of economic liberty, states must guarantee that citizens of roughly similar dispositions and talents are (...) roughly equally able to use their economic liberties to develop and pursue a conception of the good. This, I will argue, is a very demanding standard that requires aggressive taxation and redistribution. (shrink)

Despite the vast literature on Rawls's work, few have discussed his arguments for the value of democracy. When his arguments have been discussed, they have received staunch criticism. Some critics have charged that Rawls's arguments are not deeply democratic. Others have gone further, claiming that Rawls's arguments denigrate democracy. These criticisms are unsurprising, since Rawls's arguments, as arguments that the principle of equal basic liberty needs to include democratic liberties, are incomplete. In contrast to his trenchant remarks about core civil (...) liberties, Rawls does not say much about the inclusion of political liberties of a democratic sort – such as the right to vote – among the basic liberties. -/- In this paper, I complete some of Rawls's arguments and show that he has grounds for including political liberties, particularly those of a democratic nature, in the principle of equal basic liberty. In doing so, I make some beginning steps toward illustrating the genuinely democratic nature of Rawls's arguments. Rawls believes that a few different arguments can be given for democratic institutions and that these arguments work together to support the value of democracy. In this paper, I focus on Rawls's arguments relating to self-respect. I focus on this set of arguments because they are among the strongest of Rawls's arguments for equal political liberty and its fair value. (shrink)

It is important for members of marginalized groups to express political views relevant to how members of their respective groups should be treated. Recently, however, it has been argued that there are some contexts––that is, contexts in which members of marginalized groups are tokenized and have considerable power to influence political outcomes that would affect their other group members––in which certain marginalized group members ought not express certain political views relevant to how members of their respective groups should be treated. (...) In this essay, I examine two arguments defending this conclusion (the proportional representation and unjust enrichment arguments) and conclude that both fail. Then, I argue that recognizing that members of marginalized groups are permitted to speak their minds, even in these contexts, favorably affirms their broad political speech rights. (shrink)

Much discussion of the ethics of participation focuses on electoral participation and whether citizens are obligated or can be coerced to vote. Yet these debates have ignored that citizens must first pay attention to politics and make up their minds about where they stand before they can engage in any form of participation. This article considers the importance for liberal democracy of citizens paying attention to politics, or attentive citizenship. It argues that the democratic state has an obligation to cultivate (...) interest in politics and that this obligation authorizes means up to and including some forms of coercion. The argument is that when citizens are inattentive to politics, it undermines political equality and social justice because it undermines what John Rawls called the fair value of the political liberties. The importance of these ends for liberal democratic states requires them to take steps to promote attentive citizenship. (shrink)

Journal of Social Philosophy, EarlyView.

John Rawls’s thesis that a certain package of basic liberties should be given lexical priority is of great interest for legal and political philosophy, but it has received relatively little defense from Rawls or his supporters. In this paper, I examine three arguments for the thesis: the first is based on the two ‘moral powers’; the second, on the social bases of self-respect; and the third, on a Kantian notion of autonomy. I argue none of these accounts successfully establishes 1) (...) the distinct claim of lexical priority, 2) for the complete package of basic liberties, on the basis of reasons that are appropriately public. In turn, I propose an alternative argument, in support of those two claims, based on the social or ‘relational’ conception of equality. (shrink)

Research Articles Jason Brennan, Social Philosophy and Policy, FirstView Article.