Rawls and the metaphysical tradition

Abstract

Political philosophers, like all philosophers, can be divided into roughly two camps. There are those who are principally metaphysical in their conclusions; feeling that there is something in the nature of things to find or locate to settle the disputes commonly considered to be political disputes, and those others who explicitly reject that type of formulation. Placing the work of John Rawls into one of these categories is, I think, rather challenging; crudely, Rawls can be seen as having made noises of both sorts. The attempt to situate Rawls’s A Theory of Justice both within and beyond the grand metaphysical tradition lies at the center of this paper’s ambitions. This paper also aims to reflect, more generally, on the strengths and weaknesses of Rawls’s Theory. While it will be argued that John Rawls’s early conception of justice is, for the most part, admirable, it will be shown that firstly, Rawls does not fully leave behind the metaphysical inclination that he, as a self-declared non-metaphysical philosopher, is adamant on setting aside, and secondly, although this is very much related to the first point, Rawls’s theory of justice is too heavily grounded in and dependent on the truth of liberalism and thus fails to be adequately mindful of historicism. An examination of the metaphysical flavors in the early articulation of Rawls’s Theory is significant for two main reasons (1) such an examination compels us to ask whether or not Rawls’s Theory was successful, given what we assume were Rawls’s non-metaphysical ambitions, and (2) that the legacy of John Rawls should probably be better off, philosophically speaking (ceterus paribus and by our present lights), if metaphysics were absent in his Theory.     

Principles for The Law of Peoples

In The Law of Peoples John Rawls gives a list of eight principles for the law of peoples. I argue that the force of the principles depends in large part upon their being lexically ordered, and I attempt such an ordering. However, the lexically ordered list makes it clear that the duty of non-intervention obtains only after the duty to honor human rights is satisfied. Also, I point to certain “practical” difficulties with intervention on behalf of human rights. Rawls writes that additional principles are needed, and I make two suggestions. I conclude that the problems arising from intervention and the need for additional principles show that the “second Original Position” is like the first Original Position: both involve, Rawls notwithstanding, the selection and ordering of principles of justice.     

Conflicting social paradigms of human freedom and the problem of justification

In recent work, Rawls, Nozick, and the ‘democratic‐socialist’ theory of Markovi? and Gould, attempt to ground rival models of just economic relations on the basis of conflicting interpretations of human freedom. Beginning with a philosophical conception of humans as essentially free beings, each derives a different system of basic rights and freedoms: (1) the familiar democratic civil and political rights of citizenship in the West (Rawls); (2) the classical bourgeois market freedoms ‐ ‘life, liberty, and property’ (Nozick); and (3) democratic socialist rights of self‐management of the work‐place (Gould and Markovi?). I argue that each of these theorists implicitly assumes a different but ungrounded ’social paradigm of human agency’ concerning the particular forms of human choice which are singled out as most important for a free, human life. None of these theories contains the methodological resources for showing why the forms of human agency it ‘emancipates’ are more important than the forms it suppresses or ignores. In order to overcome this impasse and provide a way of evaluating such rival paradigms of free agency, I elaborate a methodology based on the idea that a free society must provide its members with ‘equality in the social bases of self‐respect’. I use this methodology to argue that all three of the above conceptions are blind to problems of human agency, freedom, and dignity posed by the modern phenomena of welfare dependency, unemployment, and a self‐stultifying division of labor.     

Beyond Establishment and Separation: Political Liberalism, Religion and Democracy

Does John Rawls??s political liberalism require the institutional separation between state and religion or does it allow space for moderate forms of religious establishment? In this paper I address this question by presenting and critically evaluating Cécile Laborde??s recent claim that political liberalism is ??inconclusive about the public place of religion?? and ??indeterminate about the symbolic dimensions of the public place of religion??. In response to Cécile Laborde, I argue that neither moderate separation nor moderate establishment, intended as regimes of religious governance that fix specific interpretations of principles of social and economic justice, are compatible with Rawls??s political liberalism. Furthermore, I claim that a state can ensure that both its religious and non-religious citizens enjoy a sense of self-respect and identification with their polity by leaving issues of symbolic establishment and separation open to democratic debate. I conclude that Rawls??s political liberalism transcends the standard distinction between moderate establishment and moderate separation and leaves the public place of religion open to the democratic contestation of ordinary legislative politics.     

Public Reason as a Form of Normative and Political Justification: A Study on Rawls’s Idea of Public Reason and Kant’s Notion of the Use of Public Reason in What is Enlightenment?

Abstract

This article explores the historical and philosophical backgrounds that inform the appropriation of the term “public reason” in liberal theory. Particularly, it studies the differing nuances attached to public reason by Kant and Rawls. The article suggests that, while Kant viewed the public use of reason as a conditio sine qua non for Enlightenment to take place within the Prussian society, Rawls’s notion of public reason in Political Liberalism serves a different purpose in our contemporary world. Rawls sees public reason as a tool, which would enable citizens of the pluralistic liberal state to unearth tolerable bases for coexistence, despite their trenchant and often conflicting ideological, cultural and religious differences. Moreover, Rawls’s notion of public reason aims at liberal legitimacy: the normative and political justification of the legal power of the state in liberal democracy.     

GLOBAL JUSTICE AFTER THE FALL Christian Realism and the "Law of Peoples"

In The Law of Peoples John Rawls casts his proposals as an argument against what he calls “political realism.” Here, I contend that a certain version of “Christian political realism” survives Rawls's polemic against political realism sans phrase and that Rawls overstates his case against political realism writ large. Specifically, I argue that Rawls's dismissal of “empirical political realism” is underdetermined by the evidence he marshals in support of the dismissal and that his rejection of “normative political realism” is in tension with his own normative concessions to political reality as expressed in The Law of Peoples. That is, I contend that Rawls, himself, needs some form of political realism to render persuasive the full range of normative claims constituting the argument of that work.     

Responsibility Ethics,Shared Understandings,and Moral Communities

Margaret Walker's Moral Understandings offers an “expressive‐collaborative,” culturally situated, practice—based picture of morality, critical of a “theoretical‐juridical” picture in most prefeminist moral philosophy since Henry Sidgwick. This essay compares her approach to ethics with that of John Rawls, another exemplar of the “theoretical‐juridical” model, and asks how Walker's approach would apply to several ethical issues, including interaction with (other) animals, social reform and revolution, and basic human rights.     

Rawlsian Civic Education: Political not Minimal

abstract In Political Liberalism and later work John Rawls has recast his theory of justice as fairness in political terms. In order to illustrate the advantages of a liberal political approach to justice over liberal non‐political ones, Rawls discusses what kind of education might be required for future citizens of pluralistic and democratic societies. He advocates a rather minimal conception of civic education that he claims to derive from political liberalism. One group of authors has sided with Rawls’ political perspective and educational proposal, holding that a political approach and educational requirements that are not too demanding would have the advantage of being acceptable to a wide range of citizens with different religious, moral and philosophical perspectives. A second group of authors have criticized Rawls’ educational recommendations, holding that the production of a just society composed of reasonable citizens requires a more demanding civic education and, hence, that the political approach is not viable. The present paper argues that both groups are only partially right, and that there is a third way to understand civic education in Rawlsian terms, a way that is political but not minimal.     

Rawls and the Problem of Honour

In this paper, I consider the difficult relationship between Rawls, religion and the values that religious believers might consider important in order to lead the good life. Contrary to many of Rawls’ defenders, I argue that at least some of the values that religious citizens are likely to hold cannot be accounted for under Rawls’ theory or under his conception of the good life. I argue that the model of goods which Rawls takes to be part of a thin theory of the good is tied to his belief that under the Original Position justice can be derived from calculations of self-interest alone. To perform my critique, I consider the paradigmatic case of honour in so-called traditional societies. I argue that the way Rawls thematizes primary goods in A Theory of Justice, including concepts like esteem, cannot account for the way honour manifests itself inside traditional communities. I conclude the paper by considering how Rawls might be able to defend his theory against my objection, by considering the relationship between Rawls’ theory, and the rationalization and secularization of society.     

ON JOHN RAWLS'S A BRIEF INQUIRY INTO THE MEANING OF SIN AND FAITH

This essay challenges the view that John Rawls's recently published undergraduate thesis A Brief Inquiry into the Meaning of Sin and Faith provides little help in understanding his mature work. Two crucial strands of Rawls's Theory of Justice are its critique of teleology and its claims about our moral nature and its expression. These strands are brought together in a set of arguments late in Theory which are important but have attracted little sustained attention. I argue that the target of Rawls's undergraduate thesis is a form of Christianity which rests on assumptions Rawls later came to think were fundamental to teleological views, and that the thesis defends an alternative form of religiosity that anticipates what Rawls says in Theory about the expression of our nature. Those sections of Theory also provide resources Rawls could have used to respond to a number of prominent and recurrent criticisms of his account of moral motivation. Seeing the continuities between Brief Inquiry and Theory of Justice shows how long Rawls wrestled with problems he took up in the neglected sections of Theory and thereby shows their importance to Rawls's thought.     

Hegel's real habits

Hegel frequently identifies ethical life with a “second nature.” This strategy has puzzled those who assume that second nature represents a deficient appearance of ethical life, one that needs to be overcome, supplemented, or constantly challenged. I argue that Hegel identifies ethical life with a second nature because he thinks that a social order only becomes a candidate for ethical life, if it provides a context conducive to the development of what I call “real habits.” First, I show that a criterion for a real habit can be found in Hegel's Anthropology, namely, that of liberation. Next, I explain how the state, as Hegel analyzes it in the Philosophy of Right, provides such an environment by enabling trust toward and within it. I then consider two literary examples of contexts that fail to be similarly supportive—Coates' Between the World and Me and Atwood's Handmaid's Tale—concluding with reasons for thinking that real habits are an integral part of ethical life.     

Rawls and Rousseau: <Emphasis Type="Italic">Amour-Propre</Emphasis> and the Strains of Commitment

In this paper I try to illuminate the Rawlsian architectonic through an interpretation of what Rawls’ Lectures on the History of Political Philosophy say about Rousseau. I argue that Rawls’ emphasis there when discussing Rousseau on interpreting amour-propre so as to make it compatible with a life in at least some societies draws attention to, and helps explicate, an analogous feature of his own work, the strains of commitment broadly conceived. Both are centrally connected with protecting a sense of self which is vital for one’s own agency. This allows us to appreciate better than much of the literature presently does the requirement for Rawls that justice and the good are congruent, that a society of justice does not disfigure citizens’ ability to live out lives relatively unmarked by relations of domination. Some comments on G. A. Cohen’s critiques of Rawls are made.     

The Wretchedness of Belief

In Culture and Value Wittgenstein remarks that the truly “religious man” thinks himself to be, not merely “imperfect” or “ill,” but wholly “wretched.” While such sentiments are of obvious biographical interest, in this paper I show why they are also worthy of serious philosophical attention. Although the influence of Wittgenstein's thinking on the philosophy of religion is often judged negatively (as, for example, leading to quietist and/or fideist‐relativist conclusions) I argue that the distinctly ethical conception of religion (specifically Christianity) that Wittgenstein presents should lead us to a quite different assessment. In particular, his preoccupation with the categorical nature of religion suggests a conception of “genuine” religious belief which disrupts both the economics of eschatological‐salvationist hope, and the traditional ethical precept that “ought implies can.” In short, what Wittgenstein presents is a sketch of a religion without recompense.     

Justice,Political Obligation and Public Reason: Rethinking Partisanship and Political Liberalism

In Partisanship and Political Liberalism in Diverse Societies I examine political parties and partisanship within the context of John Rawls’s (Political Liberalism, expanded edn. New York, NY: Columbia University Press, 2005a) theory of political liberalism. I argue that parties and partisanship are vital to Rawls’s political liberalism, since they offer a distinctive and crucial contribution to the process of public justification that is central to it, which combines the articulation of public reasons with the channelling into the public political realm of the particular values and conceptions of the good emerging from parties’ specific constituencies. Furthermore, I argue, partisanship generates a special kind of political obligations, and this further contributes to state legitimacy under conditions of reasonable pluralism. In this paper, I respond to three commentators who have raised important criticisms against my argument. More specifically, Section 1 provides a response to Lea Ypi’s argument that my normative account of partisanship wrongly presupposes that existing liberal societies are reasonably just. Section 2 answers Daniel Weinstock’s concerns regarding the plausibility and internal consistency of my account of partisan political obligations. Finally, Section 3 addresses Kevin Vallier’s criticisms, which challenge my account of public reason and propose an alternative one.

     

The Incompleteness of Ideal Theory

Can one give an account of a perfectly just society without invoking principles governing our responses to injustice? My claim is that addressing this question puts us in a position to reveal ambiguities and problems with the way in which Rawls draws the ideal/nonideal theory distinction that have so far gone unnoticed. In the first part of my paper, I demonstrate that Rawls’s original definition of the ideal/nonideal theory distinction is ambiguous as it is composed of two different conceptual distinctions, before clarifying the distinctions involved, paying particular attention to the unfamiliar distinction between primary and secondary principles. I then show that we can best account for what Rawls is actually doing at the level of ideal and nonideal theory by invoking this distinction between primary and secondary principles. This result sets the stage for my argument in the second part. I first explain why Rawls does not have access to an understanding of the strict compliance condition that can account for the irrelevance of secondary principles for a complete account of the principles regulating a perfectly just basic structure. I then point out that there is a tension between what Rawls claims to be doing at the level of ideal theory and what he is actually doing at the level of ideal theory. On this basis, I argue that Rawls’s ideal (domestic and international) conceptions of justice are incomplete because they do not encompass secondary principles. The Conclusion unpacks the contributions this article makes to the ideal/nonideal theory debate.     

Distributive Justice and Co-Operation in a World of Humans and Non-Humans: A Contractarian Argument for Drawing Non-Humans into the Sphere of Justice

Various arguments have been provided for drawing non-humans such as animals and artificial agents into the sphere of moral consideration. In this paper, I argue for a shift from an ontological to a social-philosophical approach: instead of asking what an entity is, we should try to conceptually grasp the quasi-social dimension of relations between non-humans and humans. This allows me to reconsider the problem of justice, in particular distributive justice. Engaging with the work of Rawls, I show that an expansion of the contractarian framework to non-humans causes an important problem for liberalism, but can be justified by a contractarian argument. Responding to Bell’s and Nussbaum’s comments on Rawls, I argue that we can justify drawing non-humans into the sphere of distributive justice by relying on the notion of a co-operative scheme. I discuss what co-operation between humans and non-humans can mean and the extent to which it depends on properties. I conclude that we need to imagine principles of ecological and technological distributive justice.     

What's Aristotelian about neo‐Aristotelian Virtue Ethics?

It is commonly assumed that Aristotle's ethical theory shares deep structural similarities with neo‐Aristotelian virtue ethics. I argue that this assumption is a mistake, and that Aristotle's ethical theory is both importantly distinct from the theories his work has inspired, and independently compelling. I take neo‐Aristotelian virtue ethics to be characterized by two central commitments: (i) virtues of character are defined as traits that reliably promote an agent's own flourishing, and (ii) virtuous actions are defined as the sorts of actions a virtuous agent reliably performs under the relevant circumstances. I argue that neither of these commitments are features of Aristotle's own view, and I sketch an alternative explanation for the relationship between virtue and happiness in the Nicomachean Ethics. Although, on the interpretation I defend, we do not find in Aristotle a distinctive normative theory alongside deontology and consequentialism, what we do find is a way of thinking about how prudential and moral reasons can come to be aligned through a certain conception of practical agency.     

Kant on Ethical Institutions

This paper analyzes the ethical‐political dilemma in Kant’s work, sometimes expressed through the metaphor of the “crooked wood of humanity.” Kant separates external and internal freedom and the types of legislation each form of freedom requires (coercive and noncoercive). Yet, he also argues that corrupt political institutions adversely affect individual ethical development, and, reciprocally, corrupt inner dispositions of a populace adversely affect the establishment of just political institutions. I argue that a major way in which Kant addresses this vicious circle is through ethical institutions, that is, noncoercive public resources for articulating and disseminating the principles of the moral law. I discuss the idea of an ethico‐civil society or ethical community formulated in the Religion as an ideal model for ethical institutions mediating the ethical and the legal‐political in a noncoercive, progressive manner.