Using both Confucian texts and the work of American pragmatist John Dewey, this book offers a distinctly Confucian model of democracy.

The paper explores the logical structure of Rawlsian justice principles in order to see whether their justificatory or explanatory conditions are unproblematic. To facilitate this purpose, drawing on readers of Rawls, the author shows that the Aristotelian principle is used to explain the principles of rational choice, particularly the principle of inclusiveness. Then, on the basis of the Aristotelian principle, Rawls justifies his conclusion, via the principles of rational choice and the theory of primary goods. After figuring out the logical (...) structure of justice as fairness, the author deals with the central objective of the paper, where he exposes some problems suffered by the motivational basis of the principles of justice. The foundation on which Rawls grounds his principles of justice is problematic, and consequently, they remain as matters of contention as of today. (shrink)

A common anti-egalitarian argument is that equality is motivated by envy, or the desire to placate envy. In order to avoid this charge, John Rawls explicitly banishes envy from his original position. This article argues that this is an inconsistent and untenable position for Rawls, as he treats envy as if it were a fact of human psychology and believes that principles of justice should be based on such facts. Therefore envy should be known about in the original position. The (...) consequences for Rawlsian theory—both substantive and methodological—are discussed. (shrink)

Rawls ‘s political liberalism abandons the traditional political‐theory objective of providing a philosophical account of liberal democracy. However, Rawls also aims for a liberal political order endorsed by citizens on grounds deeper than what he calls a “modus vivendi” compromise; he contends that a liberal political order based upon a modus vivendi is unstable. The aspiration for a pluralist and “freestanding” liberalism is at odds with the goal of a liberalism endorsed as something deeper than a modus vivendi compromise among (...) competing comprehensive doctrines. A liberalism that is supported “for its own sake” rather than as a compromise must necessarily be based on some conception of the good, of the sort that political liberalism eschews. (shrink)

Philosophy, as it is understood and practiced in the West, is and has been generally considered to be the search for truth. But even if philosophy is the search for truth, it does not automatically follow that those who are identified as ‘philosophers’ are themselves actually engaged in that search. And indeed, in this paper I argue that many philosophers have in fact not been genuinely engaged in the search for truth (in other words, many philosophers have not been doing (...) philosophy) and as such much of what passes for philosophy is in fact not really philosophy at all. (shrink)

Closed Material Procedures are widely considered to be unjust. In his influential A Theory of Justice, Rawls sets out that trials must be fair and open, and that such precepts of natural justice ensure the impartiality of the legal order. I argue that whilst this commits Rawls to a rejection of the permissibility of CMPs, he is not right to do so, and his theory does not require him to do so. Firstly, the conception of natural justice upon which Rawls (...) bases his view of open justice is not so strict as to demand this so long as the legal system ensures a sufficient gist of the closed material is provided. Secondly, it is plausible that individuals in Rawls’ original position, would select CMPs due to the role security and stability play in a just state, the importance of which Rawls explicitly recognises. I conclude that CMPs are consistent with Rawls’ theory of justice, despite his assertions in A Theory of Justice. Given the importance and influence of Rawls’ theory, this is an important step in demonstrating the permissibility of such procedures, duly circumscribed. (shrink)

Rawls's difference principle, according to which social and economic inequalities are justified only if they achieve the greatest benefit of the least advantaged, has been often interpreted as a maximin-principle, in order to make it fit into the frame of welfare economics. Under this interpretation, however, the difference principle is subject to such grave objections, that it can hardly serve as a principle of justice. In order to avoid these difficulties, modifications of the difference principle have been proposed by Sen (...) and Rae. But these proposals don't lead to acceptable resolutions either. As an alternative, a new interpretation of Rawls's difference principle is proposed, which brings out the reasonable core of this principle and, at the same time, repairs the shortcomings of its earlier interpretations. (shrink)

Social justice is concerned with fair distribution of the benefits and burdens of living together in society. Regarding nursing care, social justice is concerned with who should receive its benefits, how much they should receive, and who should take up the burden of providing and paying for it. A specific thesis is offered: ‘Health care, including nursing care, should be distributed on the basis of need, free at the point of use, the cost being born by the community involved.’ This (...) thesis is shown to be incompatible with consequentialist (utilitarian) and libertarian approaches to social justice, but reasons are given for rejecting these theories. It is shown that it may be compatible with Rawl's liberal theory of justice and definitely compatible with a version of the teleological (Aristotelian) theory. The thesis is then defended against criticisms concerned with desert and responsibility: that the provident ought not to pay for the improvident, and that those who are responsible for their health do not deserve free care. There are answered by an epistemological argument concerning what we need to know before we can decide what people deserve, and an argument about social cohesion. The conclusion is that the thesis can be offered as a moral principle for a fair society. (shrink)

I argue that a commitment to liberal neutrality, and an opposition to coercion, means that we ought to support a redistributive state in which wealth, insofar as it is instrumental in allowing us to pursue our ends, is equalised. This is due to the fact that any conception of justice and desert works in favour of some, but against others, and that those who lose out by any particular conception are likely not to consent to it (meaning that its imposition (...) is coercive). As having some understanding of justice and desert is inescapable in a society, coercion is unavoidable. However, those who are harmed by the imposition of a certain conception of justice and desert deserve compensation for their foregone position in the alternate conceptions in which they would be better off. This compensation is owed by those who have benefitted from the existing conception of justice and desert. (shrink)

Terrence Deacon has described three orders of emergence; Arthur Peacocke and others have suggested four levels of human systems and sciences; and Philip Clayton has postulated an additional, transcendent, level. Orders and levels describe distinct aspects of emergence, with orders characterizing topological complexity and levels characterizing theoretical knowledge and causal power. By using Deacon's orders to analyze and relate each of the four "lower" levels one can project that analysis on the transcendent level to gain insight into the teleodynamic emergence (...) of transcendent-level systems. I argue that cross-cultural interactions among human cultural-level systems results in the emergence of the "universal" transcendental norms historically characterized as the Greek Good, Beauty, and Truth. These norms require a dynamic existence that I characterize as the emergence of Spirit, using Josiah Royce's community of interpretation, and that I suggest provides a pragmatic clarification of Clayton's transcendent level. An understanding of those emergent norms clarifies ethical systems, highlights the importance of aesthetics in understanding scientific systems, and suggests the necessity of community in fruitful science-and-religion dialogue on human systems. (shrink)