Justice, Equality and Constructivism

Justice, Equality and Constructivism
Title Justice, Equality and Constructivism PDF eBook
Author Brian Feltham
Publisher John Wiley & Sons
Total Pages 137
Release 2009-07-07
Genre Law
ISBN 1405191759

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This collection critically engages with a number of recurrent themes from the work of G.A. Cohen, and most especially with arguments and positions advanced in his Rescuing Justice and Equality. A critical discussion of the work of the contemporary political theorist G.A. Cohen, an egalitarian and a critic of John Rawls Offers a critical perspective on his significant work on equality and constructivism, including his eagerly anticipated new book Rescuing Justice and Equality The contributors to this volume are noted for their own work on these topics Challenges Cohen’s view of the centrality of equality to justice, of the scope for free choice of occupation and economic incentives, as well as his view that fundamental principles of justice are insensitive to facts

Rescuing Justice and Equality

Rescuing Justice and Equality
Title Rescuing Justice and Equality PDF eBook
Author G. A. Cohen
Publisher Harvard University Press
Total Pages 449
Release 2009-07-01
Genre Philosophy
ISBN 0674029658

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In this stimulating work of political philosophy, acclaimed philosopher G. A. Cohen sets out to rescue the egalitarian thesis that in a society in which distributive justice prevails, people’s material prospects are roughly equal. Arguing against the Rawlsian version of a just society, Cohen demonstrates that distributive justice does not tolerate deep inequality. In the course of providing a deep and sophisticated critique of Rawls’s theory of justice, Cohen demonstrates that questions of distributive justice arise not only for the state but also for people in their daily lives. The right rules for the macro scale of public institutions and policies also apply, with suitable adjustments, to the micro level of individual decision-making. Cohen also charges Rawls’s constructivism with systematically conflating the concept of justice with other concepts. Within the Rawlsian architectonic, justice is not distinguished either from other values or from optimal rules of social regulation. The elimination of those conflations brings justice closer to equality.

The Right to Justification

The Right to Justification
Title The Right to Justification PDF eBook
Author Rainer Forst
Publisher Columbia University Press
Total Pages 370
Release 2012
Genre Law
ISBN 0231147082

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Contemporary philosophical pluralism recognizes the inevitability and legitimacy of multiple ethical perspectives and values, making it difficult to isolate the higher-order principles on which to base a theory of justice. Rising up to meet this challenge, Rainer Forst, a leading member of the Frankfurt School's newest generation of philosophers, conceives of an "autonomous" construction of justice founded on what he calls the basic moral right to justification. Forst begins by identifying this right from the perspective of moral philosophy. Then, through an innovative, detailed critical analysis, he ties together the central components of social and political justice--freedom, democracy, equality, and toleration--and joins them to the right to justification. The resulting theory treats "justificatory power" as the central question of justice, and by adopting this approach, Forst argues, we can discursively work out, or "construct," principles of justice, especially with respect to transnational justice and human rights issues. As he builds his theory, Forst engages with the work of Anglo-American philosophers such as John Rawls, Ronald Dworkin, and Amartya Sen, and critical theorists such as Jürgen Habermas, Nancy Fraser, and Axel Honneth. Straddling multiple subjects, from politics and law to social protest and philosophical conceptions of practical reason, Forst brilliantly gathers contesting claims around a single, elastic theory of justice.

Reconstructing Rawls

Reconstructing Rawls
Title Reconstructing Rawls PDF eBook
Author Robert S. Taylor
Publisher Penn State Press
Total Pages 362
Release 2015-11-10
Genre Philosophy
ISBN 0271056711

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Reconstructing Rawls has one overarching goal: to reclaim Rawls for the Enlightenment—more specifically, the Prussian Enlightenment. Rawls’s so-called political turn in the 1980s, motivated by a newfound interest in pluralism and the accommodation of difference, has been unhealthy for autonomy-based liberalism and has led liberalism more broadly toward cultural relativism, be it in the guise of liberal multiculturalism or critiques of cosmopolitan distributive-justice theories. Robert Taylor believes that it is time to redeem A Theory of Justice’s implicit promise of a universalistic, comprehensive Kantian liberalism. Reconstructing Rawls on Kantian foundations leads to some unorthodox conclusions about justice as fairness, to be sure: for example, it yields a more civic-humanist reading of the priority of political liberty, a more Marxist reading of the priority of fair equality of opportunity, and a more ascetic or antimaterialist reading of the difference principle. It nonetheless leaves us with a theory that is still recognizably Rawlsian and reveals a previously untraveled road out of Theory—a road very different from the one Rawls himself ultimately followed.

Theories of Justice

Theories of Justice
Title Theories of Justice PDF eBook
Author Alejandra Mancilla
Publisher Routledge
Total Pages 996
Release 2017-05-15
Genre Law
ISBN 1351879707

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Forty years ago, in his landmark work A Theory of Justice, the American philosopher John Rawls depicted a just society as a fair system of cooperation between citizens, regarded as free and equal persons. Justice, Rawls famously claimed, is 'the first virtue of social institutions'. Ever since then, moral and political philosophers have expanded, expounded and criticized Rawls's main tenets, from perspectives as diverse as egalitarianism, left and right libertarianism and the ethics of care. This volume of essays provides a general overview of the main strands in contemporary justice theorising and features the most important and influential theories of justice from the 'post Rawlsian' era. These theories range from how to build a theory of justice and how to delineate its proper scope to the relationship between justice and equality, justice and liberty, and justice and desert. Also included is the critique of the Rawlsian paradigm, especially from feminist perspectives and from the growing strand of 'non-ideal' theory, as well as consideration of more recent developments and methodological issues.

The Concept of Justice and Equality

The Concept of Justice and Equality
Title The Concept of Justice and Equality PDF eBook
Author Eliane Saadé
Publisher Walter de Gruyter GmbH & Co KG
Total Pages 235
Release 2015-09-25
Genre Philosophy
ISBN 3110448904

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Unless considered on a practical level, where a precise distribution of social goods is chosen, John Rawls’s and Gerald Cohen’s approaches to social justice cannot be complementary. Their disagreement about justice and its principles calls for a choice, which opts either for the Rawlsian theory or for the Cohenian one. What is the more plausible approach to social justice? This work compares both approaches and aims to defend Cohen’s position in the light of two considerations. It answers the philosophical question about the analysis of the idea of justice, which puts the virtue of justice in its philosophical context. It, however, presents a method everyone can apply in order to arrive at the fundamental principles of justice by employing the power of reason. An analysis of the concept of justice based on the power of reason should seek to uncover the ultimate nature of justice, which is independent of facts and of other virtues. Once exposed, the understanding of justice arrived at should inform social institutions and determine people’s daily decisions. A just society is therefore a society where just persons and just institutions exhibit the virtue of justice.

Inheritance of Wealth

Inheritance of Wealth
Title Inheritance of Wealth PDF eBook
Author Daniel Halliday
Publisher Oxford University Press
Total Pages 256
Release 2018-03-02
Genre Philosophy
ISBN 019252500X

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Daniel Halliday examines the moral grounding of the right to bequeath or transfer wealth. He engages with contemporary concerns about wealth inequality, class hierarchy, and taxation, while also drawing on the history of the egalitarian, utilitarian, and liberal traditions in political philosophy. He presents an egalitarian case for restricting inherited wealth, arguing that unrestricted inheritance is unjust to the extent that it enables and enhances the intergenerational replication of inequality. Here, inequality is understood in a group-based sense: the unjust effects of inheritance are principally in its tendency to concentrate certain opportunities into certain groups. This results in what Halliday describes as 'economic segregation'. He defends a specific proposal about how to tax inherited wealth: roughly, inheritance should be taxed more heavily when it comes from old money. He rebuts some sceptical arguments against inheritance taxes, and makes suggestions about how tax schemes should be designed.