Rawls offers three arguments for the priority of liberty in Theory, two of which share a common error: the belief that once we have shown the instrumental value of the basic liberties for some essential purpose (e.g., securing self-respect), we have automatically shown the reason for their lexical priority. The third argument, however, does not share this error and can be reconstructed along Kantian lines: beginning with the Kantian conception of autonomy endorsed by Rawls in section 40 (...) of Theory, we can explain our highest-order interest in rationality, justify the lexical priority of all basic liberties, and reinterpret Rawls’ threshold condition for the application of the priority of liberty. Perhaps unsurprisingly, this Kantian reconstruction will not work within the radically different framework of Political Liberalism. (shrink)

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)

Thomas Pogge argues that John Rawls’s priority of liberty rule is not constraining enough: it permits morally unacceptable restrictions of basic liberties. Because of this, Pogge claims that Rawls fails in his two central ambitions: to construct a moral conception that (1) opposes utilitarianism and (2) matches his judgments in reflective equilibrium. Pogge attributes this error to Rawls’s “purely recipient-oriented theorizing”—assessing a society’s basic structure based on how its citizens fare. I argue that Rawls’s theory does not allow (...) restrictions of liberty that are offensive to moral considerations. I then explain how my arguments against Pogge show that Rawls’s idea of reflective equilibrium is crucial for assessing a society’s basic structure and how it follows from this that Rawls’s theorizing is not purely recipient-oriented. (shrink)

Libertarian views on rights tend to rule out coercive redistribution for purposes of public health care guarantees, whereas liberal conceptions support coercive funding of potentially unlimited access to medical services in the name of medical needs. Taking the “priority of liberty” seriously as supreme political value, a plausible prudential argument can avoid these extremes by providing systematic reasons for both delivering and limiting publicly financed guarantees. Given impending demographic change and rapid technical progress in medicine, only a two-tier (...) system with explicitly limited public guarantees and optional privately financed health services seems acceptable. (shrink)

Are government restrictions on hate speech consistent with the priority of liberty? This relatively narrow policy question will serve as the starting point for a wider discussion of the use and abuse of nonideal theory in contemporary political philosophy, especially as practiced on the academic left. I begin by showing that hate speech (understood as group libel) can undermine fair equality of opportunity for historically-oppressed groups but that the priority of liberty seems to forbid its restriction. (...) This tension between free speech and equal opportunity creates a dilemma for liberal egalitarians. Nonideal theory apparently offers an escape from this dilemma, but after examining three versions of such an escape strategy, I conclude that none is possible: liberal egalitarians are indeed forced to choose between liberty and equality in this case and others. I finish the paper by examining its implications for other policy arenas, including markets in transplantable human organs and women’s reproductive services. (shrink)

Rawls offers three arguments for the priority of liberty in Theory, two of which share a common error: the belief that once we have shown the instrumental value of the basic liberties for some essential purpose (e.g., securing self-respect), we have automatically shown the reason for their lexical priority. The third argument, however, does not share this error and can be reconstructed along Kantian lines: beginning with the Kantian conception of autonomy endorsed by Rawls in section 40 (...) of Theory, we can explain our highest-order interest in rationality, justify the lexical priority of all basic liberties, and reinterpret Rawls’ threshold condition for the application of the priority of liberty. Perhaps unsurprisingly, this Kantian reconstruction will not work within the radically different framework of Political Liberalism. (shrink)

This is a one page handout, which draws attention to subtle adaptations that H.L.A. Hart makes regarding material from Henry Sidgwick, when he debates with Rawls and appeals to Sidgwick's objections to the priority of liberty. These adaptations challenge the impression that Rawls should have known better.

This paper responds to material from Scott Soames’s wide ranging book The World Philosophy Made, material which I am actually tempted to overlook. Soames adds a detail to a criticism H.L.A. Hart makes of John Rawls, but I argue that Soames cannot consistently endorse this criticism, given his acceptance of trickle-down economics and his aspiration to cohere with a dominant strand of right-wing American philosophy.

The distinction drawn by Rawls between the ideas of property-owning democracy and welfare state capitalism parallels his distinction between justice-based ‘liberalisms of freedom’ (including his own conception of justice as fairness) and utilitarian- based ‘liberalisms of happiness’. In this paper I argue that Rawls’s failure to attach the same level of significance to essential socio-economic rights and liberties as he attached to the traditional liberal civil and political rights and liberties gives justice as fairness a quasi-utilitarian character, which is incompatible (...) with the fundamental objective of protecting the highest.-order interests of citizens conceived as free and equal. I argue that in order fully to protect these interests, rights to access to non-human capital and productive resources should be assigned the same level of significance as that assigned to the civil and political rights and liberties, and prioritized over the lower-order rights and benefits regulated by Rawls’s second principle of justice. (shrink)

This article challenges the idea that the priority of liberty poses a threat to individual and population health. While acknowledging there are cases in which liberty does indeed pose a threat to the health of individuals and populations, I argue that the tension between liberty and health is overstated and that much can be done to relieve this tension. Indeed, liberty and health can and should be viewed as co-equal values in our broader conception of (...) health justice. My thesis is moderate to the extent it acknowledges limits to the coequal status of these twin values; robust to the extent it conceives legitimate health interventions as the outcome of complex and multiperspectival processes of deliberative testing. (shrink)

Rousseau is considered to be at once the most modern political thinker of the 18th century and the most ancient in his allegiance to classical republicanism. These essays address the place of liberty in his moral and political philosophy, and the origins, meaning, strength, weakness and significance of his argument.

The article examines Quentin Skinner's influential interpretation of Machiavelli's views on liberty, and the sharp divergence between his methodological ideas and his actual practice. The paper explores how Skinner's political ideals directed his interpretation against his own methodological precepts, to offer a basis for a ‘revival’ of republican theory. Skinner's reinterpretation of Machiavelli as a theorist of negative liberty is examined, and refuted. The article analyses Skinner's claim about liberty as the key political value for Machiavelli, and (...) demonstrates that liberty is secondary to empire on the list of Machiavelli's priorities. Skinner's vocabulary and efforts to tone down or ignore Machiavelli's more aggressive ideas are closely examined. The analysis offered in the article, it is suggested, has wider implications, showing the difficulty of applying contextualism in practice, by the very founder of this approach in the history of ideas. (shrink)

We study the two model-theoretic concepts of weak saturation and weak amalgamation property in the context of accessible categories. We relate these two concepts providing sufficient conditions for existence and uniqueness of weakly saturated objects of an accessible category ${\cal K}$. We discuss the implications of this fact in classical model theory.

In lieu of an abstract, here is a brief excerpt of the content:594 Feminist Studies 41, no. 3. © 2015 by Feminist Studies, Inc. Liberty Walther Barnes and Christin L. Munsch The Paradoxical Privilege of Men and Masculinity in Institutional Review Boards In the 1939 Hollywood classic The Wizard of Oz, the great wizard admonishes Dorothy and her friends to “pay no attention to that man behind the curtain.” Dorothy and company turn to see a man standing before a (...) large control panel operating the smoke, holographic image, and voice of the great wizard. Realizing he has been discovered, the man gives up manipulating the switches and the nebulous wizard vanishes.1 Hegemonic masculinity is analogous to the “all-powerful” wizard.2 In order to maintain its grandeur, power, and mystique, the mechanics of masculine ideology—as well as the social actors who participate in its reproduction —must be kept hidden.3 A crucial aim of feminist research is to 1. The Wizard of Oz, directed by Victor Fleming (Culver City, CA: Metro-Goldwyn -Mayer, 1939). 2. See R. W. Connell, Masculinities: Knowledge, Power and Social Change (Berkeley : University of California Press, 1995); R. W. Connell and James W. Messerschmidt, “Hegemonic Masculinity: Rethinking the Concept,” Gender & Society 19 (2005): 829–61; Michael Kaufman, “Me, Feminism, and Men’s Contradictory Experiences of Power,” in Theorizing Masculinities, ed. Harry Brod and Michael Kaufman (Thousand Oaks, CA: Sage Publications, 1994), 142– 63; and Michael S. Kimmel, “Masculinity as Homophobia: Fear, Shame, and Silence in the Construction of Gender Identity” in Brod and Kaufman, Theorizing Masculinities, 119–42. 3. Michael Flood and Bob Pease, “Undoing Men’s Privilege and Advancing Gender Equality in Public Sector Institutions,” Policy and Society 24, no. 4 (2005): 119–38; Allan G. Johnson, The Gender Knot: Unraveling Liberty Walther Barnes and Christin L. Munsch 595 pull back the curtain on men’s lives and masculine institutions in order to demystify socially constructed masculinities, particularly in their most powerful forms. As early feminist scholars note, male privilege renders women’s lives invisible.4 But male privilege renders aspects of men’s lives invisible, too. In this article we highlight how institutional review boards (IRBs) in universities and hospitals erect barriers to research that render particular aspects of men’s lives invisible. We draw on our experiences of submitting ten applications for a series of methodologically diverse studies of masculinity to eight IRBs. First, we argue that, despite their original function of protecting subordinated groups, IRBs are gendered institutions in which members base their decisions on culturally dominant, normative images of women and men. We show how this results in the stringent protection of male research participants, the safeguarding of participants’ personal masculinity, and the shielding of men’s lives from social inquiry. Second, we argue that IRBs are gendering institutions. Our experiences reveal how the privileging and protection of masculinity results in mandatory protocol modifications that idealize hegemonic masculinity. These modifications require researcher-participant interactions that socialize men to engage in gender “appropriate” behavior and reify gendered expectations. Third, our experiences reveal the ways in which IRBs protect the institution itself and privilege the universities, hospitals, and (predominantly male) medical doctors they represent. Consequently, the ways they reproduce social inequality remain impervious to academic inquiry. IRBS AS GENDERED AND GENDERING INSTITUTIONS Every university and hospital in the United States where human research is conducted houses a human research protections program, or IRB, to oversee academic research. Universities with hospitals typically our Patriarchal Legacy (Philadelphia, PA: Temple University Press, 1997); Michael Kimmel, Guyland: The Perilous World Where Boys Become Men (New York: Harper Collins, 2008). 4. Simone de Beauvoir, The Second Sex, trans. Howard M. Parshley (New York: Knopf, 1951); Sandra Harding, The Science Question in Feminism (Ithaca, NY: Cornell University Press, 1986); Dorothy E. Smith, “Women’s Perspective as a Radical Critique of Sociology,” in Feminist Perspectives on Social Research, ed. Sharlene N. Hesse-Biber and Michelle L. Yaiser (New York: Oxford University Press, 2004), 84–96. 596 Liberty Walther Barnes and Christin L. Munsch maintain two types of IRB committees: a social-behavioral committee that oversees studies in the social sciences, and a biomedical committee to supervise clinical drug trials, experimental medical treatments, and tissue and blood research. The duty of the... (shrink)

The object of this research is gentleness, a construct maybe not treated enough in the literature, but just in the area of the so called Positive Psychology. And precisely from his representative Martin Seligman, the inspiration for the construction of a questionnaire and of a specific hypothesis has been born, including the use of a precise terminology. In general terms, maybe the most interesting result lies in the fact of having found a correlation between the various items, therefore between the (...) various constructs, in accordance with the idea of gentleness proposed as a synergy of “quality”. This idea has also been supported from recent research in which has emerged a very tight bond between optimism and a particular character trait that is extroversion. Being placed at a higher, transcendental level, the “gift of oneself” could become the “jump of quality” to fulfil ourselves in the relation with the other. (shrink)

While both men and women work out in contemporary gyms, popular conceptions of the gym as a masculine institution continue. The authors examine organizational processes within a chain of women-only gyms to explore whether and how these processes have feminized the historically masculine gym. They examine the physical setting and equipment, the established procedures for customers' use of machines, and the interactional styles of employees as components of the organization's structure. They argue that the organization's use of technology and labor (...) mobilizes customers' participation in a feminized organizational culture of nonjudgmental and noncompetitive sociability. Organizational processes create a context that fosters gendered interactions and identities among customers. The organizational context calls gendered behavior into play such that the performance is naturalized. The processes outlined may occur in other cases of organizational recoding and suggest ways that transposable gender practices may change the gender coding of an institution yet leave gender hierarchies intact. (shrink)

The visibility of environmental problems and the increasing awareness of associated consequences have made environmental issues salient in Zambia. The purpose of this study was to investigate correlations between the social and psychological influences affecting college students in Zambia, and the behaviours perceived by them to be appropriately environmentally friendly. The underlying social and psychological factors that would determine individuals' attitudinal responses toward appropriate environmental behaviour were assessed. The study attempted to measure behavioural tendencies towards environmental conservation. Behaviour involving energy (...) and water conservation (EW) was consistently rated as the most important, and appropriate category of environmental behaviour, whereas social and political action (SP) was viewed as the least favourable behaviour according to the respondents in Zambia. The respondents who were older in the graduate level of the study and had frequently contact with environmental education activities and courses were more likely to hold positive behavioural tendencies toward environmental conservation in general. (shrink)

An important feature of some recent jurisprudential writings is the tendency to reject the precept of liberal individualism which affirms the priority of the principles of the "right conduct" over the substantive conceptions of "the good". This rejection, explicit in a recent book by Rogers M. Smith, and implicit in a recent work by Guido Calabresi, leads to strikingly illiberal consequences; hence, this provides indirect confirmation that the priority of the right over the good constitutes the most reliable (...) defense of individual liberty against majoritarian oppression. In Smith, an attempt to replace this priority with the principle of "rational liberty" leads to the disappearance of the guarantees of minority rights against orthodox majorities; in Calabresi, the doctrine of weighing and balancing competing moral principles of "the good" fails to provide an explanation for the strongly held moral intuition that some external preferences have to be disqualified at the outset, before they enter the forum of moral bargaining. (shrink)

Aggregation-friendly moral theories such as classical utilitarianism are forced to invest a great deal of ingenuity in damping out and modulating the effects of welfare aggregation. In Mill's treatment, the problem famously appears as the puzzle of how the Principle of Liberty is meant to be compatible with the Principle of Utility, and there have been a great many attempted interpretations of his solution, all, in my view, unsatisfactory. I will first reconstruct Mill's generally unnoticed account of the psychological (...) implementation of higher pleasures; this will allow me to explain what the distinction between higher and lower pleasures was, and how Mill was introduced lexical preference orderings into his theory. Then I will show how the underlying psychological theory permits Mill to argue for the lexical priority of liberty over the goods which liberty allows us to obtain. Finally, I will turn to the Millian considerations omitted from the argument I will have reconstructed. By way of explaining why they are so difficult to accommodate, I will consider why Mill might have abandoned his projected sciences of character. I will take my leave by asking what Mill's failure to turn his implementation analysis of the higher pleasures into an argument expressing the importance of individuality and originality means for us. (shrink)

We prove that the opposite of the category of coalgebras for the Vietoris endofunctor on the category of compact Hausdorff spaces is monadic over $\mathsf {Set}$. We deliver an analogous result for the upper, lower, and convex Vietoris endofunctors acting on the category of stably compact spaces. We provide axiomatizations of the associated (infinitary) varieties. This can be seen as a version of Jónsson–Tarski duality for modal algebras beyond the zero-dimensional setting.

Many political controversies involve conflicts between civil liberties and other important social goals. The orthodox view in liberal political theory is that civil liberties must be given strict priority over competing social goals because of the importance of the interests advanced by such liberties and/or their role in upholding the status of citizens. This paper criticizes both lines of argument. Interest-based arguments fail because we are sometimes willing to sacrifice the very fundamental interests of some citizens in order to (...) advance large collections of lower priority interests. This shows that civil liberties cannot have strict priority over other social goals just because of the importance of the interests that they protect. Meanwhile, because considerations of status are often at stake on both sides of conflicts between important civil liberties and other social goals, their importance cannot provide reason to give strict priority to such liberties. These arguments cast doubt on the view that civil liberties ought to have strict priority over other social goals. (shrink)

Although the thesis that equal basic liberties take priority over increases in wealth is one of the two most important theses in the rawlsian theory of justice, The argumentation for it is obscure. This article emphasizes the centrality of self-Respect in rawls' treatment of liberty, Specifies five particular assumptions he makes, And constructs a deductive argument from the rawlsian assumptions to the rawlsian conclusion about liberty. Of special interest are the premises of economic adequacy for the worst-Off (...) man and the incentive value of economic inequality, Which reveal the relation between the difference principle and the priority of liberty. (shrink)

This article engages with H. P. P. Lötter’s account of democracy, liberty, and poverty in this IJAP symposium devoted to his book, Poverty, Ethics, and Justice. For Lötter liberty and democracy are intrinsically part of what is meant by poverty eradication and necessary instrumentally to secure whatever else it means. Lötter insists that liberty rights and socio-economic rights are interdependent and that neither has moral priority. This account is pitched at a level of generality, and contains (...) ambiguities, that evade certain hard but necessary questions, the main one being whether Lötter’s theory of the ‘co-originality’ of liberty and social rights is opposed to all reasonable constructions and entailments of the thesis of the priority of liberties. I suggest that he must accept a ‘weak’ priority thesis in order to insulate his overall argument from an authoritarian reading. Yet it is not clear whether Lötter’s would accept that politics enjoys a necessary centrality in adjudicating uncertainties within economic theory and policy-making, that democracy is irreducibly procedural in ways that licence particular voting and governing actions that are not necessarily pro-poor, and that political liberties plus a range of ‘negative’ civil liberties ought to be protected from trade-offs with prospective welfare and equality gains. Several aspects of Lötter’s account seem to block such moves, but I contend that the struggle against poverty and inequality is necessarily undertaken on a terrain of political and epistemic uncertainty, and that a democratic polity premised on institutionalised respect for uncertainty offers the best bet for realising welfare and social justice at an acceptable cost while respecting autonomy. (shrink)

This article engages with H. P. P. Lötter’s account of democracy, liberty, and poverty in this IJAP symposium devoted to his book, Poverty, Ethics, and Justice. For Lötter liberty and democracy are intrinsically part of what is meant by poverty eradication and necessary instrumentally to secure whatever else it means. Lötter insists that liberty rights and socio-economic rights are interdependent and that neither has moral priority. This account is pitched at a level of generality, and contains (...) ambiguities, that evade certain hard but necessary questions, the main one being whether Lötter’s theory of the ‘co-originality’ of liberty and social rights is opposed to all reasonable constructions and entailments of the thesis of the priority of liberties. I suggest that he must accept a ‘weak’ priority thesis in order to insulate his overall argument from an authoritarian reading. Yet it is not clear whether Lötter’s would accept that politics enjoys a necessary centrality in adjudicating uncertainties within economic theory and policy-making, that democracy is irreducibly procedural in ways that licence particular voting and governing actions that are not necessarily pro-poor, and that political liberties plus a range of ‘negative’ civil liberties ought to be protected from trade-offs with prospective welfare and equality gains. Several aspects of Lötter’s account seem to block such moves, but I contend that the struggle against poverty and inequality is necessarily undertaken on a terrain of political and epistemic uncertainty, and that a democratic polity premised on institutionalised respect for uncertainty offers the best bet for realising welfare and social justice at an acceptable cost while respecting autonomy. (shrink)

Liberalism has often been viewed as a continuing dialogue about the relative priorities between liberty and equality. When the version of equality under discussion requires equalization of outcomes, it is easy to see how the two ideals might conflict. But when the version of equality requires only equalization of opportunities, the conflict has been treated as greatly muted since the principle of equality seems so meager in its implications. However, when one looks carefully at various versions of equal opportunity (...) and various versions of liberty, the conflict between them is, in fact, both dramatic and inescapable. Each version of the conflict poses hard choices which defy anysystematicpattern granting priority to one of these basic values over the other. In this essay, I will flesh out and argue for this picture of fundamental conflict, and then turn to some more general issues about the kinds of answers we should expect to the basic questions of liberal theory. (shrink)

Lord Sumption, a former Justice of the Supreme Court, has been a prominent critic of coronavirus restrictions regulations in the UK. Since the start of the pandemic, he has consistently questioned both the policy aims and the regulatory methods of the Westminster government. He has also challenged rationales that hold that all lives are of equal value. In this paper, I explore and question Lord Sumption’s views on morality, politics and law, querying the coherence of his broad philosophy and his (...) arguments regarding coronavirus regulations with his judicial decision in the assisted-dying case of R v Ministry of Justice. In Nicklinson, Lord Sumption argued for restrictions on liberty given the priority of the sanctity of life principle and the protection of others who may be vulnerable, as well as for deference to policy-making institutions in instances of values-based disagreement. The apparent inconsistencies in his positions, I argue, are not clearly reconcilable, and invite critical analysis of his impacts on health law and policy. (shrink)

Despite a recent wave in global recognition of the rights of transgender and gender-diverse populations, referred to in this text by the umbrella label of trans*, international law continues to presume a cisgender binary definition of gender — dismissing the lived realities of trans* individuals throughout the world. This gap in international legal recognition and protection has fundamental implications for health, where trans* persons have been and continue to be subjected to widespread discrimination in health care, longstanding neglect of health (...) needs, and significant violations of bodily autonomy. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Journal of the History of Ideas 62.1 (2001) 161-181 [Access article in PDF] Translating Liberty in Nineteenth-Century Japan Douglas Howland A concept of liberty was but one element of the Japanese engagement with western political theory after the Perry intrusion of 1853, when United States warships led by Commodore Matthew Perry forced Japan to negotiate a commercial treaty with the U.S. This scandal, which ultimately led to (...) the Meiji Restoration of 1867, immediately reorganized scholarly priorities among those intellectuals interested in western knowledge and technology. Western learning under the "feudal" Tokugawa regime (1603-1867) was organized as "Dutch studies" because the Dutch were the sole European trading partner of Japan from 1641 to 1854. Dutch studies paid particular attention to European mathematics, astronomy, geography, natural history, and the Dutch language. The Perry intrusion, however, prompted the rise of "western learning": language study quickly expanded to include English, French, and German; and the content of learning emphasized European law and political philosophy. But the concepts that defined this content of western thought did not translate well; they did not fit naturally with existing Japanese concepts. Hence the translation of western political theory necessitated the invention of new terminology with which to engage the new political language. Accordingly, Japanese efforts to translate western political theory must be understood as both problems of language, the creation and circulation of new concepts, as well as problems of action, and the usage of new concepts in debates about the programs and policies to be implemented in a "westernizing" Japan. 1 [End Page 161]The scholars who figure in this essay--Kato Hiroyuki, Tsuda Mamichi, Nishi Amane, Kanda Takahira, Fukuzawa Yukichi, and Nakamura Keiu--were all key figures in the intellectual passage from Tokugawa to Meiji, from Dutch studies to western learning. They began their careers in the Tokugawa institute for Dutch studies; most traveled to Holland, England, or the United States during the 1860s; and after the Meiji Restoration they became intellectual and educational leaders under the new administration. 2 In addition to founding private academies or filling prominent government posts, they created the first literary society, the Meiji Six Society (named after the year of its founding, the sixth year of the Emperor Meiji's reign, 1873), which sponsored public debates, published these proceedings in the Meiji Six Journal, and so hoped to promote enlightenment among the Japanese people. In addition to introducing public debate to Japan, this transitional intelligentsia was involved in the fundamental work of creating the language in which to raise issues of constitutional form or personal freedoms. In their translations of western texts and original texts about western law and political philosophy they created the neologisms to translate western concepts and participated in the standardization of terminology that made western knowledge coherent.The two concepts discussed in this essay, which were among the first to figure prominently in intellectual debates of the early 1870s, were "liberty" and "religion," the pairing of which in the debate over freedom of religion from 1872 to 1874 was crucial in defining a Japanese conception of liberty. Although religious liberty arose in western Europe as a result of the conflict between church and state authorities, the issue in Japan was a direct challenge to the new central government's attempt to decree a national Shinto doctrine in 1868. As the sole case of unanimous support for personal liberty among the transitional intelligentsia, the debate over freedom of religion determined key distinctions between private and public behavior that defined the Japanese conception of "liberty" for the duration of Japan's imperial constitution (to 1945). As a right of individuals, liberty resided in the exclusively private domain of thought, conscience, and religious faith. As a public matter the people's liberty necessarily gave way to government maintenance of public order.In part this essay responds to the work of Japanese philologists who study the translation and standardization of modern Japanese vocabulary. Much of this work is based on dictionaries; a word is said to have become standard as it appears in greater numbers of Japanese-Chinese, Japanese... (shrink)

To be a liberal is, among other things, to grant basic liberties some degree of priority over other aspects of justice. But why do basic liberties warrant this special treatment? For Rawls, the answer has to do with the allegedly special connection between these freedoms and the ‘two moral powers’ of reasonableness and rationality. Basic freedoms are said to be preconditions for the development and exercise of these powers and are held to warrant priority over other justice-relevant values (...) for that reason. In the first half of the article I mount an internal critique of this Rawlsian line, arguing that it is flawed in two main ways. First, it overestimates the contribution of basic freedom to moral personality. Second, it underestimates the contribution of non-liberty resources to moral personality. In the second half of the article I repair these flaws. The result is a new, intriguingly radical version of justice as fairness, one with surprising—yet plausible—implications for economic and gender justice. (shrink)

Most criticism and exposition of John Rawls’s political theory has focused on his account of distributive justice rather than on his support for liberalism. Because of this, much of his argument for protecting the basic liberties remains under explained. Specifically, Rawls claims that representative citizens would agree to guarantee those social conditions necessary for the exercise and development of the two moral powers, but he does not adequately explain why protecting the basic liberties would guarantee these social conditions. This gap (...) in his argument leads to two problems. First, the Rawlsian argument for the priority of liberty would fail if the gap could not be filled. His argument would still support the protection of individual freedoms, but these freedoms would be treated like other primary goods and regulated by the difference principle. Second, without a full argument, there is not sufficient reason to favor Rawls’s left-liberal conception of the basic liberties over a more right-leaning conception that would prioritize the protection of free-market rights. To address these two problems, this paper fills in the gap in order to better explain Rawls’s full argument for egalitarian liberalism. (shrink)

With the publication of A Theory of Justice in 1971, John Rawls not only rejuvenated contemporary political philosophy but also defended a Kantian form of Enlightenment liberalism called “justice as fairness.” Enlightenment liberalism stresses the development and exercise of our capacity for autonomy, while Reformation liberalism emphasizes diversity and the toleration that encourages it. These two strands of liberalism are often mutually supporting, but they conflict in a surprising number of cases, whether over the accommodation of group difference, the design (...) of civic education, or the promotion of liberal values internationally. During the 1980’s, however, Rawls began to jettison key Kantian characteristics of his theory, a process culminating in the 1993 release of Political Liberalism and completing the transformation of justice as fairness into a Reformation liberalism. -/- Reconstructing Rawls argues that this transformation was a tragic mistake because it jeopardized the most important features of his theory, viz. the lexical priorities of right, liberty, and fair equality of opportunity as well as the difference principle. Controversially, this book contends that Rawls’s so-called “political turn,” motivated by a newfound interest in diversity and the accommodation of difference, has been unhealthy for autonomy-based liberalism and has pushed liberalism more broadly towards cultural relativism, be it in the guise of liberal multiculturalism or critiques of cosmopolitan distributive-justice theories. The book then demonstrates that the central elements of justice as fairness can only be defended within the context of a Kantian Enlightenment liberalism and that Rawls’s hope for a more pluralistic grounding for his theory, endorsed by a wide variety of belief systems present in modern democratic societies, is illusory. -/- Reconstructing Rawls is the first book to systematically compare Rawls’s and Kant’s theories and the first to offer an internal critique and reconstruction of justice as fairness, reconceiving it as a comprehensive, universalistic Kantian liberalism. By doing so, it gives us both the vision of a liberal world order—“a republicanism of all states, together and separately,” as Kant put it—and a mode of justification addressed to all men and women, not as members of particular nations, races, and faiths, but as human beings, as citizens of the world. In short, it reclaims Rawls for the Enlightenment. (shrink)

Confucianism has a deep influence on the opinion of value priority in traditional Chinese culture, which consider the value of morality prior to that of utility; the value of moral merit prior to that of intelligent; the value of group prior to that of individuals; the value of peace and safety prior to that of freedom and liberty; the value of harmony prior to that of conflict. This kind of value priority has performed very important and positive (...) functions in Chinese culture, along with certain side-effects. Under the context of globalization, it is possible for the Chinese and Western values to complement each other in fusional harmony. (shrink)

Public health policy often limits people’s liberty for their own good. The very point of many types of public health measures is to restrict people’s options in order to stop them from doing unhealthy things, for example use harmful recreational drugs or drive without a seatbelt. While such restrictive public health policies enjoy widespread support, so does the traditional liberal idea that liberty (or autonomy) is a higher value, to be given priority in most, if not all, (...) circumstances. In this text, I will defend the thesis that liberty is an important value, but with no claim to priority. (shrink)