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Tony Fitzpatrick 《Res Publica》2008,14(2):83-100
It has been common for researchers and commentators within the discipline of Social and Public Policy to evoke Rawlsian theories
of justice. Yet some now argue that the contractualist tradition cannot adequately incorporate, or account for, relations
of care, respect and interdependency. Though contractualism has its flaws this article proposes that we should not reject
it. Through a critique of one of its most esteemed critics, Martha Nussbaum, it proposes that contractualism can be defended
against the capabilities approach she prefers. The article concludes by suggesting how and why the moral philosophy of Thomas
Scanlon offers a basis for reconciling the strengths of a contractualist, egalitarian liberalism with those of Nussbaum’s
capabilities approach.
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Richard Dagger 《Res Publica》2008,14(4):259-275
This article defends the fair-play theory of legal punishment against three objections. The first, the irrelevance objection, is the long-standing complaint that fair play fails to capture what it is about crimes that makes criminals deserving of
punishment; the others are the recently raised false-equivalence and lacks-integration objections. In response, I sketch an account of fair-play theory that is grounded in a conception of the political order
as a meta-cooperative practice—a conception that falls somewhere between contractual and communitarian conceptions—and draw on this
account to show how the theory can overcome the objections.
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Richard DaggerEmail: |
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