This paper proposes a Rawlsian conception of moral justification as a social activity. Through a close reading, Rawls’ view of ethical justification is shown to be significantly more dialogical and deliberative than is commonly appreciated. The result is a view that emphasizes the social nature of ethical justification and identifies information sharing between persons as the crux of justification in metaethics, in contrast to normative ethics. I call it Rawlsian reflective equilibrium to distinguish it from other varieties.

Many normative theorists want to contribute to making the world a better place. In recent years, it has been suggested that to realise this ambition one must start with an adequate description of real-life practices. To determine what should be done, however, one must also fundamentally criticise existing moral beliefs. The method of reflective equilibrium offers a way of doing both. Yet, its practical usefulness has been doubted and it has been largely ignored in the recent practical turn of (...) normative theorising. This paper offers a complementary methodology to the method of reflective equilibrium, referred to as Rawlsian constructivism, which brings forth its practical merits. With the support of Rawlsian constructivism, the method of reflective equilibrium becomes a tool for public reasoning about practical problems which aims to facilitate shared solutions. The process of reflective scrutiny is used, not in the search of moral truth, but rather to highlight what stands in the way of solutions to problems agents face in different domains of social life. The practical value lies in scrutinising reasons for action that are taken for granted, explicating new rationales for action and highlighting neglected points of agreement. The paper exemplifies this approach with a process of justifying individual obligations to combat climate change. Normative theorists who share the practical agenda have correctly noted the importance of bottom-up investigations of subject domains. This paper argues that the next step should be to utilise this version of the method of reflective equilibrium to explore the potential for morally progressive solutions to these problems. (shrink)

John Rawls recommends a reflective equilibrium method for evaluating which principles institutions should abide by. In this paper, I identify and challenge three assumptions that he makes.

The fact of reasonable pluralism in liberal democracies threatens the stability of such societies. John Rawls proposed a solution to this problem: The different comprehensive moral doctrines endorsed by the citizens overlap on a shared political conception of justice, e.g. his justice as fairness. Optimally, accepting the political conception is for each citizen individually justified by the method of wide reflective equilibrium. If this holds, society is in full reflective equilibrium. Rawls does not in detail investigate the conditions (...) under which a full reflective equilibrium is possible or likely. This paper outlines a new strategy for addressing this open question by using the formal model of reflective equilibrium recently developed by Beisbart et al. First, it is argued that a bounded rationality perspective is appropriate which requires certain changes in the model. Second, the paper rephrases the open question about Rawlsian full reflective equilibrium in terms of the model. The question is narrowed down by focusing on the inferential connections between comprehensive doctrines and political conception. Rawls himself makes a demanding assumption about which connections are necessary for a full reflective equilibrium. Third, the paper presents a simulation study design that is focused on simplicity. The results are discussed, they fit with Rawls’s assumption. However, because of the strong idealisations, they provide a useful benchmark rather than a final answer. The paper presents suggestions for more elaborate study designs. (shrink)

Due to their non-hierarchical structure, socio-technical networks are prone to the occurrence of the problem of many hands. In the present paper an approach is introduced in which people’s opinions on responsibility are empirically traced. The approach is based on the Rawlsian concept of Wide Reflective Equilibrium (WRE) in which people’s considered judgments on a case are reflectively weighed against moral principles and background theories, ideally leading to a state of equilibrium. Application of the method to a (...) hypothetical case with an artificially constructed network showed that it is possible to uncover the relevant data to assess a consensus amongst people in terms of their individual WRE. It appeared that the moral background theories people endorse are not predictive for their actual distribution of responsibilities but that they indicate ways of reasoning and justifying outcomes. Two ways of ascribing responsibilities were discerned, corresponding to two requirements of a desirable responsibility distribution: fairness and completeness. Applying the method triggered learning effects, both with regard to conceptual clarification and moral considerations, and in the sense that it led to some convergence of opinions. It is recommended to apply the method to a real engineering case in order to see whether this approach leads to an overlapping consensus on a responsibility distribution which is justifiable to all and in which no responsibilities are left unfulfilled, therewith trying to contribute to the solution of the problem of many hands. (shrink)

Insights from social science are increasingly used in the field of applied ethics. However, recent insights have shown that the empirical branch of business ethics lacks thorough theoretical grounding. This article discusses the use of the Rawlsian methods of wide reflective equilibrium and overlapping consensus in the field of applied ethics. Instead of focussing on one single comprehensive ethical doctrine to provide adequate guidance for resolving moral dilemmas, these Rawlsian methods seek to find a balance between considered (...) judgments and intuitions concerning particular cases on the one hand and general principles and theories on the other. In business ethics this approach is promissing because it enables decision-making in a pluralist context with different stakeholders who often endorse different or even conflicting cultural and moral frameworks without giving priority to any of them. Moreover, the method is well founded in political theory. A taxonomy of different kinds of applications is developed, and classified according to the purpose, the content, and the type of justification. On the basis of this taxonomy an inventory of 12 recent applications is made. In terms of the purpose and content of the method the applications are rather diverse. Two conceptual obstacles for applying Rawlsian methods are identified, viz. inclusiveness and the communitarian objection that people have to become detached from their personal life. It is found that methodological questions, such as the question how to retrieve the relevant empirical data, are scarcely addressed in the literature. To advance the use of empirical approaches in general, and that of Rawlsian approaches in particular, it is important not only to use empirical data but to use methodological insights from social sciences in order to further advance the field of empirical ethics. It is recommended that stakeholders be given a more active role in the assessment and justification of these methods. (shrink)

Despite great advances in recent scholarship on the political philosophy of John Rawls, Rawls’s conception of stability is not fully appreciated. This essay aims to remedy this by articulating a more complete understanding of stability and its role in Rawls’s theory of justice. I argue that even in A Theory of Justice Rawls maintains that within liberal democratic constitutionalism judgments of relative stability typically adjudicate decisively among conceptions of justice and is committed to more deeply than to the substantive content (...) of justice as fairness. This essay thus emphasizes the continuity of Rawls’s thought over time and motivates the position that Rawlsian stability is as philosophically significant and distinctively Rawlsian as justice as fairness itself. (shrink)

Mark Rowlands argues that, contrary to the dominant view, a Rawlsian theory of justice can legitimately be applied to animals. One of the implications of doing so, Rowlands argues, is an end to animal experimentation. I will argue, contrary to Rowlands, that under a Rawlsian theory there may be some circumstances where it is justifiable to use animals as experimental test subjects (where the individual animals are benefited by the experiments).

In this paper, we focus on one controversial element of the method of reflective equilibrium, namely Rawls’s idea that the commitments that enter the justificatory procedure should be pre-selected or filtered: According to him, only considered judgements should be taken into account in moral philosophy. There are two camps of critics of this filtering process: 1) Critics of reflective equilibrium: They reject the Rawlsian filtering process as too weak and seek a more reliable one, which would actually (...) constitute a distinct epistemic method. 2) Proponents of reflective equilibrium: They reject the Rawlsian filtering process as too exclusionary. We defend RE against its critics, arguing that the method can secure reasonable commitments without depending on a strong external filtering process. However, we side with the critical proponents of reflective equilibrium and argue that without the Rawlsian weak filtering process, RE is more plausible both as a general method as well as in the context of moral philosophy. (shrink)

In a 1981 letter to H.L. A. Hart, John Rawls sketches a view of moral objectivity that substantially differs from that of contemporary constructivists. The view he describes does not rely on constitutive features of agency as Korsgaard's does, and it does not bottom out in a form of realism as Scanlon's moral theory does. Instead, Rawls's view grounds objectivity on the fundamental conceptions that could be shared in wide reflective equilibrium. Constructivism grounds objectivity in a kind of intersubjectivity, (...) and Rawls finds the relevant kind of intersubjectivity in the alignment between fundamental convictions. This article develops this Rawlsian view of objectivity and highlights its strengths. (shrink)

Since his article, ‘Outline for a Decision Procedure in Ethics,’ John Rawls has advocated a coherentist moral epistemology according to which moral and political theories are justified on the basis of their coherence with our other beliefs, both moral and nonmoral. A moral theory which is maximally coherent with our other beliefs is in a state which Rawls calls ‘reflective equilibrium’. In A Theory of Justice Rawls advanced two principles of justice and claimed that they are in reflective (...) class='Hi'>equilibrium. He defended this claim by appeal to a hypothetical contract; he argued that parties in a position satisfying certain informational and motivational criteria, which he called ‘the original position,’ would choose the following two principles of justice to govern the basic structure of their society. (shrink)

Threats to the stability of liberal democracies are of obvious contemporary import. Concern with stability runs through John Rawls’s work. The stability that concerned him was that of fundamental terms of cooperation. Rawls long believed that the terms which would be stable were his two principles, but he eventually conceded that even a well-ordered society was more likely to be characterized by “justice pluralism” than by consensus on his own conception of justice. Contemporary liberal democracies, too, are divided about what (...) justice demands. I believe Rawls’s treatment of stability can help us understand the conditions under which fundamental terms of cooperation can be stable under non-ideal conditions such as ours. But because Rawls never worked through the consequences of his concession, his view needs to be developed before we can draw on it. Rawls’s treatment makes use of elementary game theory. Thus in _Theory of Justice_ he said -- and in _Political Liberalism_ he implied -- that stability would result from citizens with a sense of justice “playing” strategies which combined for what was, in effect, a Nash equilibrium. I argue that his concession requires a new conception of stability and implies that Rawls cannot appeal to a Nash equilibrium to show how stability would be maintained. His concession therefore forces open a troubling gap in his analysis. I fill that gap by proposing a weaker equilibrium concept that serves Rawlsian purposes. I conclude with what this project suggests for challenges facing the fragile liberal democracies of our own time. (shrink)

John Rawls’ “reflective equilibrium” ranges amongst the most popular conceptions in contemporary ethics when it comes to the basic methodological question of how to justify and trade off different normative positions and attitudes. Even where Rawls’ specific contractualist account is not adhered to, “reflective equilibrium” is readily adopted as the guiding idea of coherentist approaches, seeking moral justification not in a purely deductive or inductive manner, but in some balancing procedure that will eventually procure a stable adjustment of (...) relevant doctrines and standpoints. However, it appears that the widespread use of this idea has led to some considerable deviations from its meaning within Rawls’ original framework and to a critical loss of conceptual cogency as an ethico-hermeneutical tool. This contribution identifies three kinds of “balancing” constellations that are frequently, but inadequately brought forth under the heading of Rawlsian “reflective equilibrium”: (a) balancing theoretical accounts against intuitive convictions; (b) balancing general principles against particular judgements; (c) balancing opposite ethical conceptions or divergent moral statements, respectively. It is argued that each of these applications departs from Rawls’ original construction of “reflective equilibrium” and also deprives the idea of its reliability in clarifying and weighing moral stances. (shrink)

I consider Timothy Williamson’s objection that we do not have any reason to regard reflective equilibrium as a philosophical method. I present what I think a Rawlsian advocate of the method would say, or could say.

Reflective equilibrium has been criticized for various reasons ever since the publication of Rawls’ A Theory of Justice. Recent empirical research into moral decision-making poses new challenges to RE because it questions the reliability of moral intuitions. This research might discredit moral intuitionism in general and RE in particular insofar as it ascribes epistemic value to moral intuitions. These findings suggest, for instance, that moral intuitions vary with cultural background, gender or framing. If it could be shown that all (...) or certain kinds of moral intuitions are unreliable, this would diminish the plausibility of the claim that they provide good reasons to believe in the truth of their content, especially given the growing evidence that professional philosophers are just as biased and susceptible to distorting factors as lay people. In this paper I critically discuss three recent defenses of RE against this unreliable intuitions objection. Two of these defenses argue that the UIO misses its target, because RE does not depend on intuitions, or because the relevant considered judgments in RE are not intuitions. The third defense grants that RE depends on intuitions and that some Rawlsian considered judgments are intuitions. But it argues that the notion of considered judgments can be revised, and that wide reflective equilibrium has the means to adopt the criticism because it can use information about unreliable intuitions and exclude those from further consideration. I argue that the first two defenses do not succeed. The third defense is the most promising one. However, I argue that this defense also fails. In this defense, RE is not a distinctive moral epistemic theory: different versions of RE would be conceivable, all of which are deeply problematic. I conclude with a discussion of the broader philosophical implications of the UIO, specifically whether or not accepting the UIO would warrant skepticism regarding moral knowledge. (shrink)

In this paper we introduce the overlapping design consensus for the construction of models in design and the related value judgments. The overlapping design consensus is inspired by Rawls’ overlapping consensus. The overlapping design consensus is a well-informed, mutual agreement among all stakeholders based on fairness. Fairness is respected if all stakeholders’ interests are given due and equal attention. For reaching such fair agreement, we apply Rawls’ original position and reflective equilibrium to modeling. We argue that by striving for (...) the original position, stakeholders expel invalid arguments, hierarchies, unwarranted beliefs, and bargaining effects from influencing the consensus. The reflective equilibrium requires that stakeholders’ beliefs cohere with the final agreement and its justification. Therefore, the overlapping design consensus is not only an agreement to decisions, as most other stakeholder approaches, it is also an agreement to their justification and that this justification is consistent with each stakeholders’ beliefs. For supporting fairness, we argue that fairness qualifies as a maxim in modeling. We furthermore distinguish values embedded in a model from values that are implied by its context of application. Finally, we conclude that for reaching an overlapping design consensus communication about properties of and values related to a model is required. (shrink)

In this paper, we argue that solutions to normative challenges associated with autonomous driving, such as real-world trolley cases or distributions of risk in mundane driving situations, face the problem of reasonable pluralism: Reasonable pluralism refers to the fact that there exists a plurality of reasonable yet incompatible comprehensive moral doctrines within liberal democracies. The corresponding problem is that a politically acceptable solution cannot refer to only one of these comprehensive doctrines. Yet a politically adequate solution to the normative challenges (...) of autonomous driving need not come at the expense of an ethical solution, if it is based on moral beliefs that are (1) shared in an overlapping consensus and (2) systematized through public reason. Therefore, we argue that a Rawlsian justificatory framework is able to adequately address the normative challenges of autonomous driving and elaborate on how such a framework might be employed for this purpose. (shrink)

In this paper, I attempt to synthesize the two most influential contemporary ethical approaches that appeal to moral intuitions, viz., Rawlsian reflective equilibrium and Audi’s moderate intuitionism. This paper has two parts. First, building upon the work of Audi and Gaut, I provide a more detailed and nuanced account of how these two approaches are compatible. Second, I show how this novel synthesis can both (1) fully address the main objections to reflective equilibrium, viz., that it provides (...) neither necessary nor sufficient conditions for the justification of our moral beliefs and (2) help ethical intuitionism to deal with the fundamental problem of peer disagreement over our basic moral intuitions. In doing so, I sketch out a novel and attractive diachronic way of thinking about peer disagreement more generally. (shrink)

倫理学における『正義論』革命の全貌。「反照的均衡」という方法論を軸とした『正義論』は、規範倫理学・政治哲学の分野を活気づけた。しかしそれだけが『正義論』革命なのではない。ロールズの理論は、道徳の根本問 題を考える道徳哲学・倫理学の分野にも衝撃を与えたのである。 -/- This book explores the full story of A Theory of Justice revolution in ethics. A Justice of Theory, centered on the methodology of "reflective equilibrium," has energized the fields of normative ethics and political philosophy. However, this is not the only revolution in A Theory of Justice. Rawls's theory has also impacted the fields of moral philosophy and metaethics, which deal with fundamental questions of morality.

Norman Daniels is perhaps best known as one of America’s foremost champions of coherentist moral epistemology, and the justificatory method of wide reflective equilibrium in particular. The striking coherence of Daniels’s career itself is evident in this collection of sixteen of his essays, composed over an eighteen-year period. To a large extent, these essays extend the work of John Rawls—either by attempting to make greater theoretical sense of WRE, or by applying abstract Rawlsian arguments to concrete social problems (...) in applied ethics. These thoroughly engaging essays are uniformly of high calibre. They are tightly argued, carefully researched, and intellectually rich and rewarding. Daniels’s writing is a model of clarity, and, while his work genuinely breaks much new ground, he is refreshingly honest about the limitations of his findings, and cognizant of the force of opposing viewpoints. (shrink)

Recent years have seen a certain impatience with John Rawls's approach to political philosophy and calls for the discipline to move beyond it. One source of dissatisfaction is Rawls's idea of a well-ordered society. In a recent article, Alex Schaefer has tried to give further impetus to this movement away from Rawlsian theorizing by pursuing a question about well-ordered societies that he thinks other critics have not thought to ask. He poses that question in the title of his article: (...) “Is Justice a Fixed Point?.” Though Schaefer is critical of Rawlsian political theorizing, I shall contend that his arguments also suggest two paths forward for those who would follow the Rawlsian approach. First, the intellectual devices Schaefer deploys help those who would continue the Rawlsian project to see, and precisely to chart, the next step that that project needs to take—a step necessitated by a concession Rawls himself made late in the development of political liberalism. Second, the clarity and economy with which Schaefer lays out his alternative to the Rawlsian approach make it possible to state some fundamental Rawlsian challenges to a form of theorizing that has considerable appeal to many critics of that approach. (shrink)

Despite the rapidly growing literature on realism, there’s little discussion of the ideology critique of John Rawls offered by one of its leading lights, Raymond Geuss. There is little understanding of what (most of) this critique consists in and few discussions of how Rawls’ approach to political theorising may be defended against it. To remedy this situation, this article reconstructs the realist ideology critique of Rawls advanced by Raymond Geuss, which has three prongs: (1) Rawls’ political theory offers insufficient tools (...) to uncover and address distortions of our political values, beliefs, and intuitions; (2) it unacceptably reinforces these distortions by unduly legitimating them; and (3) it diverts attention from important features of real politics. With this done, I finish by considering how Rawlsians can respond, chiefly by employing a kind of reflective equilibrium, or reflective endorsement, broad enough to encompass different forms of genealogy and ideology critique. (shrink)

The discussion develops the view that public justification in Rawls’s political liberalism, in one of its roles, is actualist in fully enfranchising actual reasonable citizens and fundamental in political liberalism’s order of justification. I anchor this reading in the political role Rawls accords to general reflective equilibrium, and examine in its light the relationship between public justification, pro tanto justification, political values, full justification, the wide view of public political culture and salient public reason intuitions. This leaves us with (...) the question of how a more plausible, post-Rawlsian political liberalism should understand the commitment to discursive respect and robust discursive equality that is reflected in its view of actualist and fundamental public justification. (shrink)

The paper focuses on John Rawls’ theory of political obligation. Rawls bases political obligation on our natural duties of justice, which are mediated to us by our sense of justice. Therefore the justification of political obligation also requires moral justification: the justification of the principles of justice. In the paper I first investigate that part of Rawls’ argument that has the role of justification: the method of reflective equilibrium. This method raises several problems, the most severe of which is (...) that it neglects the fact of pluralism. The second part of the paper deals with this problem. I analyse how Rawls’ theory and his method of justification has changed as a result of taking into account the fact of pluralism. Finally, building on the demands of pluralism and the shortcomings of the Rawlsian answer, I present a possible theory of political obligation. This theory is grounded in the interpretation of the community’s political culture while fitting it into a discourse-based theoretical framework. (shrink)

Moral and political philosophers commonly appeal to moral “intuitions” at crucial points in their reasoning. This chapter considers recent challenges to this practice—here referred to as “the Method”—based in empirical studies of moral intuitions. It contends that such studies do not justify radical or revisionary conclusions about the Method. A method is aimed at achieving certain goals. The key issue is the nature of the goals in relation to which the Method is to be evaluated. This chapter argues that the (...) relevant goal is not the “realist goal” of discovering the truth about moral and political matters. The central point is that, the chapter argues, the systematic philosophical study of moral and political questions would be worthwhile even if it turned out that moral realism cannot be vindicated or that the Method cannot be vindicated in relation to the realist goal. If this is correct, then the goal relative to which it is crucial to vindicate the Method is not the realist goal. A Rawlsian view is more plausible, according to which the relevant goal is to “characterize our moral sensibility” as it would be in “reflective equilibrium.” It turns out, however, that this Rawlsian view has some, perhaps unwelcome, deflationary implications. (shrink)

In spite of its dominance, there are well-known problems with Rawls’s method of reflective equilibrium (MRE), as a method of justification in meta-ethics. One issue in particular has preoccupied commentators, namely, the capacity of this method to provide a convincing account of the objectivity of our moral beliefs. Call this the Lack-of-Objectivity Charge. One aim of this article is to examine the charge within the context of Rawls’s later philosophy, and I claim that the lack-of-objectivity charge remains unanswered. A (...) second aim of this article is to examine the extent to which, despite Rawls’s express intention to avoid reliance on Kant’s moral philosophy, supplementing Rawls’s political constructivism with some Kantian elements, in particular Kant’s idea of a universal principle of right, not only addresses some of the issues raised by the lack-of-objectivity charge, but also does so without compromising the ability of the Rawlsian account to accommodate the pluralism of conceptions of the good, which he takes to be a fact of modern democracies. I argue for a revised justificatory methodology, which combines Rawls’s MRE and Kant’s Critical Method. (shrink)

In this essay I defend the view that Henry Sidgwick’s moral epistemology is a form of intuitionist foundationalism that grants common-sense morality no evidentiary role. In §1, I outline both the problematic of The Methods of Ethics and the main elements of its argument for utilitarianism. In §§2-4 I provide my interpretation of Sidgwick’s moral epistemology. In §§ 5-8 I refute rival interpretations, including the Rawlsian view that Sidgwick endorses some version of reflective equilibrium and the view that (...) he is committed to some kind of pluralistic epistemology. In§ 9 I contend with some remaining objections to my view. (shrink)

In professional settings, people often have diverse and competing conceptions of responsibility and of when it is fair to hold someone responsible. This may lead to undesirable gaps in the distribution of responsibilities. In this paper, a procedural model is developed for alleviating the tension between diverging responsibility conceptions. The model is based on the Rawlsian approach of wide reflective equilibrium and overlapping consensus. The model is applied to a technological project, which concerned the development of an in-house (...) monitoring system based on ambient technology. The development of this innovative technology raised questions among the technological researchers about its social acceptance and the way issues related to privacy and security should be addressed. The case is analyzed in terms of two procedural norms (reflective learning and inclusiveness), which are based on literature on policy and innovation networks. Analysis of the case shows that, in a pluralist setting, a procedural approach can be useful for encouraging discussion on the legitimacy of different responsibility conceptions and the question what a fair responsibility distribution amounts to. (shrink)

The primary aim of this interpretive essay is to reconstruct some of the most important features of Rawls’s theory of justice, and to offer a hypothesis about how its assumptions and arguments are tied together in a highly structured construction. An almost philological approach is adopted to highlight Rawlsian ideas. First, I consider in what sense Rawls is an individualist and in what sense he is not. Fromthis I conclude that he ought not be charged of psychological egoism or (...) atomism. Then I consider the role of rational choice, the contract and the relation of the latter to the criterion of reflective equilibrium. Here, pride of place is given to the reflexive method, while the role of contract and rational choice, though not denied, is downgraded. Finally, I enquire whether Rawls can be considered a universalist, and suggest that this category, owing to the theory’s practical aim and pragmatic method, is of little use. If successful, my reconstruction should offer a better insight into the theory and dispel some possible misunderstandings. But my presentation should not be read as either an assessment or a defense. (shrink)

I want to examine the implications of a metaphysical thesis which is presupposed in various objections to Rawls' theory of justice.Although their criticisms differ in many respects, they concur in employing what I shall refer to as the continuity thesis. This consists of the following claims conjointly: (1) The parties in the original position (henceforth the OP) are, and know themselves to be, fully mature persons who will be among the members of the well-ordered society (henceforth the WOS) which is (...) generated by their choice of principles of justice. (2) The OP is a conscious event among others, integrated (compatibly with the constraints on knowledge and motivation imposed on the parties) into the regular continuity of experience that comprises each of their ongoing constitutes lives. (3) The parties in the OP thus are, and regard themselves as, psychologically continuing persons, partially determined in personality and interests by prior experiences, capable of recollection and regret concerning the past, anticipation and apprehensiveness regarding the future, and so on. Although the continuity thesis as stated above is not at odds with any of the conditions that define the OP, its exegetical validity is a matter for discussion. I shall be concerned to argue that if it is indeed contained in or a consequence of Rawls' theory, then it casts into doubt the capacity of the OP to generate or justify any principles of justice at all. On the other hand, if the continuity thesis is viewed as dispensable and unnecessary to the Rawlsian enterprise, then Rawls is correct in maintaining the irrelevance of the question of personal identity to the construction of his moral theory. In this case, the contract-theoretic, instrumentalist justification for the two principles of justice (henceforth the 2PJ) needs to be supplanted by a modified conception of wide reflective equilibrium. The considerations that form the bulk of this discussion then may be understood as providing a rationale for Rawls' recent revisions in the model of justification on which his theory of justice rests, and for his increasing emphasis on us as moral mediators between the OP and the WOS. Now I want to consider the question of whether or not, given the textual evidence, anything like the continuity thesis is stated or implied by Rawls, and what problems for his theory, if any, turn on a positive or negative answer to this question. -/- . (shrink)

Un aspecto poco estudiado del argumento de Michael Sandel en contra del carácter neutral de la justicia como equidad, es el modo en que funda sus conclusiones en el entendimiento que tiene de otros tres aspectos de la concepción rawlsiana de justicia: su carácter deontológico, el equilibrio reflexivo, y la posición original. Nuestro objetivo es mostrar que Sandel no ha cometido cuatro errores independientes, sino que poseer un entendimiento equivocado del carácter deontológico de la teoría lo ha llevado a caracterizar (...) mal en qué consiste el equilibrio reflexivo y esto -finalmente- lo ha conducido a una errónea interpretación de lo que se encuentra modelado en la posición original y -en última instancia- a sostener la falta de neutralidad de la concepción de justicia. Concentrarnos en este asunto nos permitirá apreciar cómo se articulan y complementan las distintas réplicas que Brian Barry, Samuel Freeman y el mismo John Rawls han dirigido contra Sandel. One aspect of Michael Sandel´s argument against the neutral character of justice as fairness on which little research has been done is the way in which he founds his conclusions on the basis of the understanding he has about three other aspects of the Rawlsian conception of justice: its deontological character, the reflective equilibrium and the original position. It is my aim to prove that Sandel has not made four independent mistakes but, on the contrary, to have a wrong understanding of the deontological character of the theory has driven him to a wrong characterization of what the reflective equilibrium consists of and this, in turn, has taken him to a wrong interpretation of what is modelled in the original position and, at large, to hold the idea that justice as fairness lacks neutrality. Focusing on this issue will allow us to appreciate how the different responses made by Brian Barry, Samuel Freeman and John Rawls himself against Sandel are articulated and complement one another. (shrink)

At a time when ethical and political philosophy were thought passé, John Rawls gave serious attention to ethical questions, providing them with a renewed academic legitimacy. This helped fields of practical ethics such as bioethics become established in higher education and in public affairs. This essay addresses the influence Rawls has had on bioethics through both the style and the substance of his ethical argumentation. The essay argues that his distinctive rhetorical strategy and tone attempted to rein in the scope (...) of normative commitments in order to make an equilibrium between refined understandings of freedom and equality possible and sustainable. Bioethics has been strongly influenced by this approach to maintaining social stability in a liberal society that has become highly stratified and culturally diverse. Bioethics continues to echo the Rawlsian call for a calmly reasoned political life but finds that call increasingly difficult to answer. (shrink)

In this article I argue both that an understanding of sport’s general character as competitive play can help us to read Homer more insightfully and that this reading can boomerang back to us to further illuminate the sport as competitive play thesis. My overall method is that of (Rawlsian) reflective equilibrium. The three sections of Homer that I examine are the Phaiacian games in Book 8 of the ‘Odyssey’, the Patroclos games in Book 23 of the ‘Iliad’, and (...) the Penelope games in Books 21–22 of the ‘Odyssey’. (shrink)

The general aim of any social contract theory is to generate the terms of an agreement which the parties to the contract will accept and respect. In order to identify what terms are likely to be acceptable, the theorist needs to specify the character of the parties and the conditions in which they are making the agreement. A prior step is also needed. The theorist needs to show that the characteristics and conditions chosen are appropriate to the task of generating (...) an agreement. The theorist must have a defensible methodological framework for his or her project. ;In this dissertation I examine the different frameworks adopted by two contemporary political philosophers: John Rawls and David Gauthier. I argue that the neo-Hobbesian project undertaken by Gauthier in Morals by Agreement is flawed. His attempt to derive a general moral theory almost exclusively from a relatively uncontroversial conception of instrumental rationality is marred by his commitment to a description of the political subject as a discrete entity having an identity independent of its social relationships. ;I then argue that John Rawls, in A Theory of Justice and more explicitly in some more recent articles, supplies a more promising framework. He takes the considered judgements of socially situated individuals to be the base from which a theory of justice can be extracted. The connected ideas of "overlapping consensus" and "reflective equilibrium" are central to his project, and allow him to treat social agreements as flexible instruments which can accommodate and even facilitate political change. ;I defend Rawls against the charge that his theory cannot account for political stability, and also against the communitarian claim that his conception of justice undermines the crucial role that community membership plays in human life. I conclude by noting that the Rawlsian conception of justice does face certain limitations because it presupposes a particular definition of the political domain. I then consider how Rawls's framework might address this issue, and attempt to sketch a preliminary possibility. (shrink)

Living kidney donation provides a promising opportunity in situations where the scarcity of cadaveric kidneys is widely acknowledged. While many patients and their relatives are willing to accept its benefits, others are concerned about living kidney programs; they appear to feel pressured into accepting living kidney transplantations as the only proper option for them. As we studied the attitudes and views of patients and their relatives, we considered just how actively health care professionals should encourage living donation. We argue that (...) active interference in peoples’ personal lives is justified - if not obligatory. First, we address the ambiguous ideals of non-directivity and value neutrality in counselling. We describe the main pitfalls implied in these concepts, and conclude that these concepts cannot account for the complex reality of living donation and transplantation. We depict what is required instead as truthful information and context-relative counselling. We then consider professional interference into personal belief systems. We argue that individual convictions are not necessarily strong, stable, or deep. They may be flawed in many ways. In order to justify interference in peoples’ personal lives, it is crucial to understand the structure of these convictions. Evidence suggests that both patients and their relatives have attitudes towards living kidney donation that are often open to change and, accordingly, can be influenced. We show how ethical theories can account for this reality and can help us to discern between justified and unjustified interference. We refer to Stephen Toulmin’s model of the structure of logical argument, the Rawlsian model of reflective equilibrium, and Thomas Nagel’s representation of the particularistic position. (shrink)

Both the defenders and critics of judicial review assume tacitly that there is a special moral capacity needed for a correct articulation of constitutional (explicit or implied) rights, and they only disagree about who is likely to possess this moral capacity to a higher degree. In this working paper I challenge this unstated assumption. It is not the case that the reasoning oriented towards rights articulation is more moral than many non-rights-oriented authoritative public decisions in the society. Further, I suggest (...) that rights-related reasoning cannot be shown to be differently moral in a way which would support the idea that this relevant difference may justify why some political agents (such as judges) may be more suited to performing this particular type of moral reasoning than others (such as legislators). The best argument for such a distinction refers to the opportunity for and habit of conducting "moral thought experiments" which is what, as part of their professional duties, judges normally do, and which they can therefore instinctively do also when they engage in a "concrete" judicial review of a statute. But there is no good moral reason to believe that "moral thought experiments" triggered by specific fact-situations should be privileged as a method of moral reasoning, compared to an unashamedly abstract, principle-based moral reasoning. If anything, a good case may be made (referring to the need to openly acknowledge moral conflict, secure impartiality, equality and legitimacy) for deliberately abstracting from specific cases and focusing on the abstract and general level, only modifying it later, if one is compelled to such modifications by considering evidence from specific instances. Not even one half (the bottom-up half) of the Rawlsian famous "reflective equilibrium" apparatus can be of help in this regard. (shrink)

It would be unkind but not inaccurate to say that most experimental philosophy is just psychology with worse methods and better theories. In Experimental Ethics: Towards an Empirical Moral Philosophy, Christoph Luetge, Hannes Rusch, and Matthias Uhl set out to make this comparison less invidious and more flattering. Their book has 16 chapters, organized into five sections and bookended by the editors’ own introduction and prospectus. Contributors hail from four countries (Germany, USA, Spain, and the United Kingdom) and five disciplines (...) (philosophy, psychology, cognitive science, economics, and sociology). While the chapters are of mixed quality and originality, there are several fine contributions to the field. These especially include Stephan Wolf and Alexander Lenger’s sophisticated attempt to operationalize the Rawlsian notion of a veil of ignorance, Nina Strohminger et al.’s survey of the methods available to experimental ethicists for studying implicit morality, Fernando Aguiar et al.’s exploration of the possibility of operationalizing reflective equilibrium in the lab, and Nikil Mukerji’s careful defusing of three debunking arguments about the reliability of philosophical intuitions. (shrink)

Barbara Fried described John Rawls’s response to libertarianism as “the unwritten theory of justice.” This paper argues that while there is no need for a new theory of justice to address the libertarian challenge, there is a need for an additional chapter. Taking up Fried’s suggestion that the Rawlsian response would benefit from a revised list of primary goods, I propose to add employment to the list, thus leading to adoption of a full employment principle in the original position (...) that ensures that anyone who wants to work will be able to do so. I argue that although Rawls famously proposed government as employer of last resort, he never integrated that comment into his theory, which lacks a full employment principle and says nothing about the injustice of involuntary unemployment in its ideal theory. I first refute the received view of Rawls’s treatment of employment as required by its importance for citizens’ self-respect, then show that in fact, the full employment assumption is the result of the role of general equilibrium theory in Rawls’s model of a well-ordered society, and indicate why developments in economic theory and economic policy support the proposed revision. (shrink)

With Arendt's insight regarding the need of judgment in the background, this paper pursues the ways in which the need for theory, or political philosophy, articulates Rawls' overall approach in order to tell just from unjust institutions. It suggests that the Kantian mould of reflective judgment gives form to the construction of a theory of justice via the mechanism of reflective equilibrium. The need for theory so devised has to constantly move between the demands of theory itself — the (...) social contract tradition as understood by Rawls — and the demands of action understood as the guide that our considered judgments lend to our understanding of the social world. Finally, it is also suggested that a particular grasp of the lessons of historical experience, as a way of fulfilling the need for theory that lies in the heart of the exercise of judgment, is what renders the Rawlsian proposal theoretically attractive, and what constantly underlies the construction of his theory via the particular exemplification and the theoretical rendering of the moral semantics underlying democratic culture. (shrink)

This article tries to develop a moderate reading of political liberalism applicable to post-Islamist, Muslim-majority societies. Contrary to the strong reading, which considers political liberalism as limited in its scope to those societies that already have a strong liberal tradition, I argue that Rawls’ project does have something to offer to reasonable post-Islamist, Muslim individuals. In part I of the article the idea of a post-Islamist, Muslim-majority society is conceptualized and explained. Part II focuses on the Rawlsian ideas of (...) justification, demonstrating that the conceptions of justification available in political liberalism, i.e. political constructivism, wide reflective equilibrium and a wide view of public reasoning with its ideas of declaration and conjecture, can justify the political conception of justice for reasonable individuals living in any society, including post-Islamist ones. Focusing on Rawls’ notions of stability in part III, I argue that the idea of overlapping consensus should not be considered as the only account of stability offered by political liberalism. Put another way, notwithstanding the strong reading of political liberalism in real western and post-Islamist democracies, liberal stability is always a mixture of overlapping consensus and modus vivendi. (shrink)

Barbara Fried described John Rawls’s response to libertarianism as “the unwritten theory of justice.” This paper argues that while there is no need for a new theory of justice to address the libertarian challenge, there is a need for an additional chapter. Taking up Fried’s suggestion that the Rawlsian response would benefit from a revised list of primary goods, I propose to add employment to the list, thus leading to adoption of a full employment principle in the original position (...) that ensures that anyone who wants to work will be able to do so. I argue that although Rawls famously proposed government as employer of last resort, he never integrated that comment into his theory, which lacks a full employment principle and says nothing about the injustice of involuntary unemployment in its ideal theory. I first refute the received view of Rawls’s treatment of employment as required by its importance for citizens’ self-respect, then show that in fact, the full employment assumption is the result of the role of general equilibrium theory in Rawls’s model of a well-ordered society, and indicate why developments in economic theory and economic policy support the proposed revision. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Why Political Liberalism? On John Rawls’s Political Turn by Paul WeithmanMatthew ArboWhy Political Liberalism? On John Rawls’s Political Turn Paul Weithman New York: Oxford University Press, 2010. 379 pp. $65.00In Why Political Liberalism? Paul Weithman takes a bifocal look at political liberalism in the Rawlsian tradition. First he interrogates the rationale for John Rawls’s “political turn” from A Theory of Justice to Political Liberalism. Second, he explores (...) the viability of political liberalism in contemporary Western societies. The soundness of the former—the logic of Rawls’s argument, that is—validates the workability of the latter. Weithman argues that the monumental turn in Rawls’s thought is based first on his dissatisfaction with how Theory of [End Page 203] Justice treated the principle of stability, failing as it did to show that “members of a [well-ordered society] would all judge it good to preserve their ‘firm good will’” (369). Liberalism emerged as a potential answer to the question of stability by further elaborating the criteria for fairness and reasonableness in a civil society composed of citizens desirous of justice and who maintain for themselves a “sense” of justice. Weithman affirms Rawls’s explanation of how the virtue of justice is displayed in fairness and reasonableness. Just how monumental this shift turns out to be, however, depends a great deal on how compelling one finds “justice as fairness” to be.In recent decades, reasonable doubts have been expressed over the viability of Rawls’s liberal dictum: whether liberty and equality are mutually reinforcing or parasitic, or whether fairness is too morally opaque to shoot for as a political ideal. Weithman seems to believe the principle sound; it is, after all, merely a descriptive explanation of how justice is upheld politically, not a prescriptive project. Rawls concerned himself with the stability and endurance of political liberalism and with how to achieve fair and rational equilibrium. Why Weithman believes the project of Rawlsian liberalism to be fruitful, or at least philosophically successful, is due at least in part to its repeated appeal to reasonableness—that is, the rational promotion of equal liberty for all citizens. Political liberalism, as a theory, affirms and encourages all that the West values in civil society: We must desire and actively support justice for it to be preserved.This book is intended primarily for Rawls scholars. Weithman assumes his reader to have “fairly sophisticated” acquaintance with Rawls’s major theories and texts, and thus also assumes proficiency in symbolic logic and analytic methods. Weithman furnishes a way around this demand for analytic aptitude from all readers, however, by inviting those “uninterested in textual exegesis” and “content with a general understanding” of why Rawls made his turn to “read selectively” from chapters 3 through 9 (15). Be that as it may, all eleven chapters of this text are dense, rigorous, and tightly argued—standard industry practice in contemporary analytic philosophy. If one can also forebear the methodological vices of analytic philosophy, its propensity for tedious detail and narrowness, then one will eventually enjoy unexpected clarity on the subject under consideration. It will be of value to scholars with interests in the development of Rawlsian thought, the conditions for the possibility of political liberalism, and theories of justice Rawls’s account of liberalism seeks to elucidate.I doubt one unconvinced by Rawls’s political vision will undergo intellectual conversion upon reading Weithman’s Why Political Liberalism?, but that is not the point. His aim is to defend Rawls’s political turn and the project of political liberalism broadly construed. Defense of the former is done rather successfully; defense of the latter may require more voices than Weithman’s. [End Page 204]Matthew ArboUniversity of EdinburghCopyright © 2013 Society of Christian Ethics... (shrink)

This paper extends Alan John Simmons?s conceptual distinction between Lockean and Kantian conceptions of legitimacy that he applied to the question of the legitimacy of states, to the issue of legitimacy of public decisions. I criticise the consent conception of legitimacy defended by Simmons, and I defend the Rawlsian version of the justificatory conception of legitimacy from his objection. The approach of this paper is distinctive because the two conceptions are assessed by investigating, using the method of reflective (...) class='Hi'>equilibrium, their respective prescriptions concerning the treatment of antisocial personality disorder and epidemiologic measures. I argue that the method of reflective equilibrium does not support the consent conception. Considering the issues of treatment of APD and of epidemiologic measures, I argue that the consent conception of legitimacy is not well-equipped for the evaluation of norms that are not strictly self-regarding. This causes a deficit of prescriptions for relevant social responses. Further, by considering the case of responses to epidemics, I argue that such a conception can avoid harmful consequences only by recurring to additional, and independent, premises. This does not cause incoherence but reduces the coherence of a normative system. Finally, the consent conception is not equipped to support social cooperation in an optimal way, which has proved to be necessary in critical conditions, like a pandemic. On the other hand, I argue that the method of reflective equilibrium supports the Rawlsian version of justificatory conception of legitimacy, because of its advantages in handling the indicated issues. In addition, I maintain that this justificatory conception is respectful of freedom and equality of agents as moral self-legislators, and, thus, it is not vulnerable to Simmons?s main criticism. (shrink)

Un aspecto poco estudiado del argumento de Michael Sandel en contra del carácter neutral de la justicia como equidad, es el modo en que funda sus conclusiones en el entendimiento que tiene de otros tres aspectos de la concepción rawlsiana de justicia: su carácter deontológico, el equilibrio reflexivo, y la posición original. Nuestro objetivo es mostrar que Sandel no ha cometido cuatro errores independientes, sino que poseer un entendimiento equivocado del carácter deontológico de la teoría lo ha llevado a caracterizar (...) mal en qué consiste el equilibrio reflexivo y esto -finalmente- lo ha conducido a una errónea interpretación de lo que se encuentra modelado en la posición original y -en última instancia- a sostener la falta de neutralidad de la concepción de justicia. Concentrarnos en este asunto nos permitirá apreciar cómo se articulan y complementan las distintas réplicas que Brian Barry, Samuel Freeman y el mismo John Rawls han dirigido contra Sandel. One aspect of Michael Sandel´s argument against the neutral character of justice as fairness on which little research has been done is the way in which he founds his conclusions on the basis of the understanding he has about three other aspects of the Rawlsian conception of justice: its deontological character, the reflective equilibrium and the original position. It is my aim to prove that Sandel has not made four independent mistakes but, on the contrary, to have a wrong understanding of the deontological character of the theory has driven him to a wrong characterization of what the reflective equilibrium consists of and this, in turn, has taken him to a wrong interpretation of what is modelled in the original position and, at large, to hold the idea that justice as fairness lacks neutrality. Focusing on this issue will allow us to appreciate how the different responses made by Brian Barry, Samuel Freeman and John Rawls himself against Sandel are articulated and complement one another. (shrink)

This book's dedication reads “to the man I married.” The phrase is a nice incitement to reflect on the book's topic: is the man she married identical with her present husband? Does the dedication imply a subtle reproach? a note of resignation before the inevitable fact that the man I married cannot be the one I'm married to? By the end of her book, Radden concludes that we can't get away from “normative demands of individuality” that remain anchored to common (...) sense. The challenge she takes up is to articulate the intuitions evoked by a wide spectrum of questions about unity and disunity of the person, both diachronic and synchronic. The latter include the dramatic case of Multiple Personality Syndrome or MPD, but also milder cases of dissociation. Radical amnesia, personality changes including those brought about by religious conversions, and disintegration of personality consequent on senile dementia suggest disunity through time. In all cases, Radden opts for a Rawlsian reflective equilibrium, though she rightly notes that “drawing philosophical conclusions from empirical descriptions, on the one hand, and contributing philosophical distinctions and theories to an understanding of those facts, on the other, [are] fraught with methodological dangers.”. (shrink)

This chapter contains sections titled: A Lockean Argument for the Right to Liberty Our Rational Moral Competence From Liberty to Lockean Contractarianism.

: This article considers what contribution the work of John Rawls can make to questions about animal ethics. It argues that there are more normative resources in A Theory of Justice for a concern with animal welfare than some of Rawls's critics acknowledge. However, the move from A Theory of Justice to Political Liberalism sees a depletion of normative resources in Rawlsian thought for addressing animal ethics. The article concludes by endorsing the implication of A Theory of Justice that (...) we look for ways other than rights discourse to respect and protect the well-being of animals. (shrink)