According to Rawls, ignorance of these details about oneself will lead to principles that are fair to all. If an individual does not know how he will end up in his own conceived society, he is likely not going to privilege any one class of people, but rather develop a scheme of justice that treats all fairly. In particular, Rawls claims that those in the Original Position would all adopt a maximin strategy which would maximize the prospects of the least well-off. Rawls bases his Original Position on a "thin theory of the good" which he says "explains the rationality underlying choice of principles in the Original Position".
A full theory of the good follows after we derive principles from the original position. Rawls claims that the parties in the original position would adopt two such principles, which would then govern the assignment of rights and duties and regulate the distribution of social and economic advantages across society. The difference principle permits inequalities in the distribution of goods only if those inequalities benefit the worst-off members of society. Rawls believes that this principle would be a rational choice for the representatives in the original position for the following reason: Each member of society has an equal claim on their society's goods.
Natural attributes should not affect this claim, so the basic right of any individual, before further considerations are taken into account, must be to an equal share in material wealth. What, then, could justify unequal distribution? Rawls argues that inequality is acceptable only if it is to the advantage of those who are worst-off. The agreement that stems from the original position is both hypothetical and ahistorical.
It is hypothetical in the sense that the principles to be derived are what the parties would, under certain legitimating conditions, agree to, not what they have agreed to. Rawls seeks to use an argument that the principles of justice are what would be agreed upon if people were in the hypothetical situation of the original position and that those principles have moral weight as a result of that. It is ahistorical in the sense that it is not supposed that the agreement has ever been, or indeed could ever have been, derived in the real world outside of carefully limited experimental exercises.
Rawls modifies and develops the principles of justice throughout his book. In chapter forty-six, Rawls makes his final clarification on the two principles of justice:. The first principle is often called the greatest equal liberty principle. Part a of the second principle is referred to as the difference principle while part b is referred to as the equal opportunity principle.
Rawls orders the principles of justice lexically, as follows: 1 , 2 b , 2 a. The first principle must be satisfied before 2 b , and 2 b must be satisfied before 2 a. As Rawls states: "A principle does not come into play until those previous to it are either fully met or do not apply. The greatest equal liberty principle is mainly concerned with the distribution of rights and liberties. Rawl's identifies the following equal basic liberties: "political liberty the right to vote and hold public office and freedom of speech and assembly ; liberty of conscience and freedom of thought ; freedom of the person, which includes freedom from psychological oppression and physical assault and dismemberment integrity of the person ; the right to hold personal property and freedom from arbitrary arrest and seizure as defined by the concept of the rule of law.
It is a matter of some debate whether freedom of contract can be inferred to be included among these basic liberties: "liberties not on the list, for example, the right to own certain kinds of property and freedom of contract as understood by the doctrine of laissez-faire are not basic; and so they are not protected by the priority of the first principle.
Rawls' claim in b is that departures from equality of a list of what he calls primary goods—"things which a rational man wants whatever else he wants" [Rawls, , p. His position is at least in some sense egalitarian , with a provision that inequalities are allowed when they benefit the least advantaged. An important consequence of Rawls' view is that inequalities can actually be just, as long as they are to the benefit of the least well off. His argument for this position rests heavily on the claim that morally arbitrary factors for example, the family one is born into shouldn't determine one's life chances or opportunities.
Rawls is also oriented to an intuition that a person does not morally deserve their inborn talents; thus that one is not entitled to all the benefits they could possibly receive from them; hence, at least one of the criteria which could provide an alternative to equality in assessing the justice of distributions is eliminated. Further, the just savings principle requires that some sort of material respect is left for future generations. Although Rawls is ambiguous about what this means, it can generally be understood as "a contribution to those coming later" [Rawls, , p. The stipulation in 2 b is lexically prior to that in 2 a.
This is because equal opportunity requires not merely that offices and positions are distributed on the basis of merit, but that all have reasonable opportunity to acquire the skills on the basis of which merit is assessed, even if one might not have the necessary material resources - due to a beneficial inequality stemming from the difference principle. It may be thought that this stipulation, and even the first principle of justice, may require greater equality than the difference principle, because large social and economic inequalities, even when they are to the advantage of the worst-off, will tend to seriously undermine the value of the political liberties and any measures towards fair equality of opportunity.
In , A Theory of Justice was reviewed in The New York Times Book Review by Marshall Cohen, who described the work as "magisterial," and suggested that Rawls' use of the techniques of analytic philosophy made the book the "most formidable" defense of the social contract tradition to date. He credited Rawls with showing that the widespread claim that "systematic moral and political philosophy are dead" is mistaken, and with providing a "bold and rigorous" account of "the principles to which our public life is committed.
However, he criticized Rawls for "looseness in his understanding of some fundamental political concepts. A Theory of Justice received criticism from several philosophers. Robert Nozick criticized Rawls' account of distributive justice in his defense of libertarianism , Anarchy, State, and Utopia Michael Sandel criticized Rawls in Liberalism and the Limits of Justice , arguing that Rawls encourages people to think about justice while divorced from the values and aspirations that define who they are as persons and that allow people to determine what justice is. The economist Amartya Sen has raised concerns over Rawls' emphasis on primary social goods, arguing in Inequality Reexamined that we should attend not only to the distribution of primary goods, but also how effectively people are able to use those goods to pursue their ends.
He credits Rawls for revitalizing the interest in the ideas of what justice means and the stress put on fairness, objectivity, equality of opportunity, removal of poverty, and freedom.
However, Sen, as part of his general critique of the contractarian tradition, states that ideas about a perfectly just world do not help redress actual existing inequality. Sen faults Rawls for an over-emphasis on institutions as guarantors of justice not considering the effects of human behaviour on the institutions' ability to maintain a just society. Sen believes Rawls understates the difficulty in getting everyone in society to adhere to the norms of a just society.
He also claims that Rawls' position that there be only one possible outcome of the reflective equilibrium behind the veil of ignorance is misguided. To be sure, Rawls was a kind of egalitarian, but the pattern Rawls meant to endorse was a pattern of equal status, applying not so much to a distribution as to an ongoing relationship. Nozick showed what an alternative theory might look like, portraying Wilt Chamberlain as a separate person in a more robust sense unencumbered by nebulous debts to society than Rawls could countenance.
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And respecting what Wilt brings to the table is the exact essence of respecting him as a separate person. Schmidtz and Brennan, chap. If it is to serve as the basis for public reasoning in our diverse western societies, liberalism must be restricted to a core set of political principles that are, or can be, the subject of consensus among all reasonable citizens. Liberal theories form a broad continuum, from those that constitute full-blown philosophical systems, to those that rely on a full theory of value and the good, to those that rely on a theory of the right but not the good , all the way to those that seek to be purely political doctrines.
Nevertheless, it is important to appreciate that, though liberalism is primarily a political theory, it has been associated with broader theories of ethics, value and society. Indeed, many believe that liberalism cannot rid itself of all controversial metaphysical Hampton, or epistemological Raz, commitments. Following Wilhelm von Humboldt  , in On Liberty Mill argues that one basis for endorsing freedom Mill believes there are many , is the goodness of developing individuality and cultivating capacities:. This is not just a theory about politics: it is a substantive, perfectionist, moral theory about the good.
On this view, the right thing to do is to promote development or perfection, but only a regime securing extensive liberty for each person can accomplish this Wall, This moral ideal of human perfection and development dominated liberal thinking in the latter part of the nineteenth century, and much of the twentieth: not only Mill, but T.
Hobhouse, Bernard Bosanquet, John Dewey and even Rawls show allegiance to variants of this perfectionist ethic and the claim that it provides a foundation for endorsing a regime of liberal rights Gaus, a. That the good life is necessarily a freely chosen one in which a person develops his unique capacities as part of a plan of life is probably the dominant liberal ethic of the past century.
On this view, respect for the personhood of others demands that we refrain from imposing our view of the good life on them. Only principles that can be justified to all respect the personhood of each. We thus witness the tendency of recent liberal theory Reiman, ; Scanlon, to transform the social contract from an account of the state to an overall justification of morality, or at least a social morality. A moral code that could be the object of agreement among such individuals is thus a publicly justified morality. Morality, then, is a common framework that advances the self-interest of each.
The claim of Hobbesian contractualism to be a distinctly liberal conception of morality stems from the importance of individual freedom and property in such a common framework: only systems of norms that allow each person great freedom to pursue her interests as she sees fit could, it is argued, be the object of consensus among self-interested agents Courtland, ; Gaus a: chap.
The continuing problem for Hobbesian contractualism is the apparent rationality of free-riding: if everyone or enough complies with the terms of the contract, and so social order is achieved, it would seem rational to defect, and act immorally when one can gain by doing so. Turning from rightness to goodness, we can identify three main candidates for a liberal theory of value. We have already encountered the first: perfectionism. Insofar as perfectionism is a theory of right action, it can be understood as an account of morality.
Obviously, however, it is an account of rightness that presupposes a theory of value or the good: the ultimate human value is developed personality or an autonomous life. Competing with this objectivist theory of value are two other liberal accounts: pluralism and subjectivism. In his famous defence of negative liberty, Berlin insisted that values or ends are plural, and no interpersonally justifiable ranking among these many ends is to be had.
More than that, Berlin maintained that the pursuit of one end necessarily implies that other ends will not be achieved. In this sense ends collide. In economic terms, the pursuit of one end entails opportunity costs: foregone pursuits which cannot be impersonally shown to be less worthy. There is no interpersonally justifiable way to rank the ends, and no way to achieve them all.
Each person must devote herself to some ends at the cost of ignoring others. For the pluralist, then, autonomy, perfection or development are not necessarily ranked higher than hedonistic pleasures, environmental preservation or economic equality. All compete for our allegiance, but because they are incommensurable, no choice can be interpersonally justified. The pluralist is not a subjectivist: that values are many, competing and incommensurable does not imply that they are somehow dependent on subjective experiences.
But the claim that what a person values rests on experiences that vary from person to person has long been a part of the liberal tradition. To Hobbes, what one values depends on what one desires : The perfectionist, the pluralist and the subjectivist concur on the crucial point: the nature of value is such that reasonable people pursue different ways of living. To the perfectionist, this is because each person has unique capacities, the development of which confers value on her life; to the pluralist, it is because values are many and conflicting, and no one life can include them all, or make the interpersonally correct choice among them; and to the subjectivist, it is because our ideas about what is valuable stem from our desires or tastes, and these differ from one individual to another.
All three views, then, defend the basic liberal idea that people rationally follow different ways of living. But in themselves, such notions of the good are not full-fledged liberal ethics, for an additional argument is required linking liberal value with norms of equal liberty, and to the idea that other people command a certain respect and a certain deference simply by virtue of having values of their own.
To be sure, Berlin seems to believe this is a very quick argument: the inherent plurality of ends points to the political preeminence of liberty see, for example, Gray: It is here that subjectivists and pluralists alike sometimes rely on versions of moral contractualism. Those who insist that liberalism is ultimately nihilistic can be interpreted as arguing that this transition cannot be made successfully: liberals, on their view, are stuck with a subjectivistic or pluralistic theory of value, and no account of the right emerges from it.
These vague and sweeping designations have been applied to a wide array of disputes; we focus here on controversies concerning i the nature of society; ii the nature of the self. Liberalism is, of course, usually associated with individualist analyses of society.
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I, sec. In the last years of the nineteenth century this individualist view was increasingly subject to attack, especially by those who were influenced by idealist philosophy. Liberals such as L. Hobhouse and Dewey refused to adopt radically collectivist views such as those advocated by Bernard Bosanquet , but they too rejected the radical individualism of Bentham, Mill and Spencer. F Mummery and J. Hobson, ; J. Keynes, During and after the Second World War the idea that liberalism was based on inherently individualist analysis of humans-in-society arose again. The reemergence of economic analysis in liberal theory brought to the fore a thoroughgoing methodological individualism.
Human beings, insisted Buchanan and Tullock, are the only real choosers and decision-makers, and their preferences determine both public and private actions. The renascent individualism of late-twentieth century liberalism was closely bound up with the induction of Hobbes as a member of the liberal pantheon. Rawls, he charges, ultimately assumes that it makes sense to identify us with a pure capacity for choice, and that such pure choosers might reject any or all of their attachments and values and yet retain their identity.
From the mids onwards various liberals sought to show how liberalism may consistently advocate a theory of the self which finds room for cultural membership and other non-chosen attachments and commitments which at least partially constitute the self Kymlicka, Much of liberal theory has became focused on the issue as to how we can be social creatures, members of cultures and raised in various traditions, while also being autonomous choosers who employ our liberty to construct lives of our own.
This passage — infused with the spirit of nineteenth century imperialism and perhaps, as some maintain, latent racism — is often ignored by defenders of Mill as an embarrassment Parekh, ; Parekh, ; Mehta, ; Pitts, This is not to say that such Millian passages are without thoughtful defenders. See, for example, Inder Marawah Nevertheless, it raises a question that still divides liberals: are liberal political principles justified for all political communities? In The Law of Peoples Rawls argues that they are not. David Miller develops a different defense of this anti-universalistic position, while those such as Thomas Pogge ch.
The debate about whether liberal principles apply to all political communities should not be confused with the debate as to whether liberalism is a state-centered theory, or whether, at least ideally, it is a cosmopolitan political theory for the community of all humankind. Immanuel Kant — a moral universalist if ever there was one — argued that all states should respect the dignity of their citizens as free and equal persons, yet denied that humanity forms one political community.
Thus he rejected the ideal of a universal cosmopolitan liberal political community in favor of a world of states, all with internally just constitutions, and united in a confederation to assure peace . On a classical liberal theory, the difference between a world of liberal communities and a world liberal community is not of fundamental importance. Since the aim of government in a community is to assure the basic liberty and property rights of its citizens, borders are not of great moral significance in classical liberalism Lomasky, If liberal principles require significant redistribution, then it is crucially important whether these principles apply only within particular communities, or whether their reach is global.
Thus a fundamental debate between Rawls and many of his followers is whether the difference principle should only be applied within a liberal state such as the United States where the least well off are the least well off Americans , or whether it should be applied globally where the least well off are the least well off in the world Rawls, a: ff; Beitz, ff; Pogge, Part Three.
Liberal political theory also fractures concerning the appropriate response to groups cultural, religious, etc. These groups may deny education to some of their members, advocate female genital mutilation, restrict religious freedom, maintain an inequitable caste system, and so on.
When, if ever, should a liberal group interfere with the internal governance of an illiberal group? Suppose first that the illiberal group is another political community or state. Can liberals intervene in the affairs of non-liberal states? Here Mill is generally against intervention. In addition to questions of efficacy, to the extent that peoples or groups have rights to collective self-determination, intervention by a liberal group to induce a non-liberal community to adopt liberal principles will be morally objectionable.
As with individuals, liberals may think that peoples or groups have freedom to make mistakes in managing their collective affairs. Thus rather than proposing a doctrine of intervention many liberals propose various principles of toleration which specify to what extent liberals must tolerate non-liberal peoples and cultures. Chandran Kukathas — whose liberalism derives from the classical tradition — is inclined to almost complete toleration of non-liberal peoples, with the non-trivial proviso that there must be exit rights.
The status of non-liberal groups within liberal societies has increasingly become a subject of debate, especially with respect to some citizens of faith. We should distinguish two questions: i to what extent should non-liberal cultural and religious communities be exempt from the requirements of the liberal state?
Turning to i , liberalism has a long history of seeking to accommodate religious groups that have deep objections to certain public policies, such as the Quakers, Mennonites or Sikhs. The most difficult issues in this regard arise in relation to children and education see Galston, ; Fowler, ; Andersson, Mill, for example, writes:. Over the last thirty years, there has been a particular case that is at the core of this debate — Wisconsin vs.
Yoder : [ U. In this case, the United States Supreme Court upheld the right of Amish parents to avoid compulsory schooling laws and remove their children from school at the age of 14 — thus, according to the Amish, avoiding secular influences that might undermine the traditional Amish way of life. Because cultural and religious communities raise and educate children, they cannot be seen as purely voluntary opt-outs from the liberal state: they exercise coercive power over children, and so basic liberal principles about protecting the innocent from unjustified coercion come into play.
Other liberal theorists, on the other hand, have argued that the state should not intervene because it might undermine the inculcation of certain values that are necessary for the continued existence of certain comprehensive doctrines Galston, p. Moreover, some such as Harry Brighouse have argued that the inculcation of liberal values through compulsory education might undermine the legitimacy of liberal states because children would not due to possible indoctrination be free to consent to such institutions.
But many friends of religion e. Again liberals diverge in their responses. Thus Rawls allows the legitimacy of religious-based arguments against slavery and in favor of the United States civil rights movement, because ultimately such arguments were supported by public reasons.
Others e. Thus, citizens of faith would be able to preserve their religious integrity, all the while remaining unable to coerce others via unshared religious reasons. It is not, though, an unimportant or trivial thing that all these theories take liberty to be the grounding political value. Radical democrats assert the overriding value of equality, communitarians maintain that the demands of belongingness trump freedom, and conservatives complain that the liberal devotion to freedom undermines traditional values and virtues and so social order itself. Intramural disputes aside, liberals join in rejecting these conceptions of political right.
Berlin, Isaiah Bosanquet, Bernard communitarianism conservatism contractarianism contractualism cosmopolitanism Enlightenment Green, Thomas Hill Hobbes, Thomas: moral and political philosophy justice: distributive justice: international distributive justification, political: public Kant, Immanuel: social and political philosophy legitimacy, political libertarianism liberty: positive and negative Locke, John: political philosophy markets Mill, John Stuart: moral and political philosophy multiculturalism perfectionism, in moral and political philosophy property and ownership public reason Rawls, John religion and political theory republicanism Rousseau, Jean Jacques toleration.
The Debate About Liberty 1. The Debate About the Comprehensiveness of Liberalism 3. Isaiah Berlin famously advocated a negative conception of liberty: I am normally said to be free to the degree to which no man or body of men interferes with my activity. Political liberty in this sense is simply the area within which a man can act unobstructed by others. If I am prevented by others from doing what I could otherwise do, I am to that degree unfree; and if this area is contracted by other men beyond a certain minimum, I can be described as being coerced, or, it may be, enslaved.
Coercion is not, however, a term that covers every form of inability. If I say that I am unable to jump more than ten feet in the air, or cannot read because I am blind…it would be eccentric to say that I am to that degree enslaved or coerced. Coercion implies the deliberate interference of other human beings within the area in which I could otherwise act.
You lack political liberty or freedom only if you are prevented from attaining a goal by other human beings Berlin, According to Philip Pettit, The contrary of the liber , or free, person in Roman, republican usage was the servus , or slave, and up to at least the beginning of the last century, the dominant connotation of freedom, emphasized in the long republican tradition, was not having to live in servitude to another: not being subject to the arbitrary power of another. Pettit, On this view, the opposite of freedom is domination. Mill, , vol. Hence it was, I think, that the Philosophers of old did in vain enquire, whether the Summum bonum consisted in Riches, or bodily Delights, or Virtue, or Contemplation: And they might have as reasonably disputed, whether the best Relish were to be found in Apples, Plumbs or Nuts; and have divided themselves into Sects upon it.
For…pleasant Tastes depend not on the things themselves, but their agreeableness to this or that particulare Palate, wherein there is great variety… : The most difficult issues in this regard arise in relation to children and education see Galston, ; Fowler, ; Andersson, Mill, for example, writes: Consider … the case of education. Is it not almost a self-evident axiom, that the State should require and compel the education, up to a certain standard, of every human being who is born its citizen? Yet who is there that is not afraid to recognize and assert this truth?
Hardly any one indeed will deny that it is one of the most sacred duties of the parents or, as law and usage now stand, the father , after summoning a human being into the world, to give to that being an education fitting him to perform his part well in life towards others and towards himself …. Bibliography Anderson, Elizabeth S. Andersson, Emil Beitz, Charles Benn, Stanley I.
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