An Introduction to Rawls on Justice

Mandle, Jon; Roberts-Cady, Sarah

doi:10.1093/oso/9780190859213.003.0001

John Rawls 2020

DOI: 10.1093/oso/9780190859213.003.0001

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An Introduction to Rawls on Justice

Jon Mandle¹,

Sarah Roberts-Cady²

Abstract: For almost fifty years, the work of John Rawls (1921–2002) has played a central and guiding role in the development of Anglo-American political philosophy. This is certainly not to say that his views have been uncritically accepted. On the contrary, an enormous literature has been generated criticizing and explaining where Rawls goes wrong. But each of Rawls’s three major books, ...

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“… 76 See, especially, Bernstein 2006; Reidy 2007, 2017 and 2021 and Mandle 2020. In this paper, we depart from these works to show that Rawls' notion of international toleration and its implications for nonliberal ‘decent’ societies might provide an important contribution to the normative debate on TJ.…”

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confidence: 87%

“… 5 See Reidy 2021, 24. These are the conditions that must be present in order for a regime to be considered ‘decent’ in Rawls's scheme, for a discussion about the conditions of decency see also Bernstein 2006.…”

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confidence: 99%

“…These are the conditions that must be present in order for a regime to be considered ‘decent’ in Rawls's scheme, for a discussion about the conditions of decency see also Bernstein 2006. For an illuminating perspective on the possibility to include in the category of self-determining political regimes not only liberal but also nonliberal ‘decent’ peoples, see also Mandle 2020, 377ff.…”

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confidence: 99%

“…On the contrary, Rawls believes that the degree of diversity among liberal peoples would bring these regimes to endorse a limited list of principles of right conduct in the international realm, while they would refuse to commit to a more robust view of liberal justice (Reidy 2004, 303). Thus, although the selected principles reflect what in the first-place free liberal peoples would choose, Rawls believes the same principles could also be endorsed by other nonliberal, yet decent, peoples (Mandle 2020, 376).…”

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Towards a minimal conception of Transitional Justice

Gentile

Foster

2021

Int. Theory

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Transitional Justice (TJ) focuses on the processes of dealing with the legacy of large-scale past abuses (in the aftermath of traumatic experiences such as war or authoritarianism) with the aim of fostering domestic justice and creating the basis for a sustainable peace. TJ however also entails the problem of how a torn society may be able to become a self-determining member of a just international order. This paper presents a minimal conception of TJ, which departs from Rawls' conception of normative stability of the international order, which suggests disentangling the two goals of fostering democracy within torn societies and TJ itself. The scope of TJ is therefore limited to enabling these societies to create minimal internal conditions for joining a just international order on equal footing. This paper makes an original contribution to two different debates, namely normative research on TJ, and post-Rawlsian literature in general. First, it provides a new direction for normative theorizing about TJ which takes both its domestic and international dimensions seriously into consideration. Second, it extends Rawls' political liberal outlook to an area where it is not usually understood to apply.

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confidence: 87%

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confidence: 99%

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confidence: 99%

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confidence: 99%

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Towards a minimal conception of Transitional Justice

Gentile

Foster

2021

Int. Theory

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“… 5 An exception is Mandle (2020) who offers a normative defense of LoP based on the idea of legitimacy.…”

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Overlapping consensus view of human rights: a Rawlsian conception

Herr

2022

Int. Theory

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This paper advances and defends the overlapping consensus view of human rights (OCV) as a political conception of human rights most consistent with John Rawls's normative account of a realistic utopia at the international level. Although some clues exist in The Law of Peoples to support this view, an innovative reconstruction is called for to complete the picture. This paper aims to offer such a reconstruction, which is predicated on two premises: first, the parties to the international original positions, which include decent nonliberal peoples (DNPs), are reasonable and worthy of liberal toleration; and, second, the protection of human rights proper is a module that can fit into all acceptable comprehensive doctrines at the international level, including societal comprehensive doctrines in DNPs. The first premise has been subjected to vehement liberal critiques and left for dead, and the second premise has not been taken seriously and relatively neglected. This paper defends these premises in turn to justify the OCV as constitutive of Rawls's normative account of a realistic utopia at the international level.

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Editor's introduction: Special issue—Rawls at 100; Theory at 50

Reidy

2024

Journal of Social Philosophy

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Born in 1921, John Rawls would have celebrated his 100th birthday in 2021. The 2021 also marked the 50th anniversary of the publication of A Theory of Justice, his magnum opus. To celebrate, political, legal, moral, and social philosophers and theorists convened around the world to participate in conferences, workshops, and seminars. Many prominent journals and publishers ventured special issues and volumes. This special issue is the Journal of Social Philosophy's contribution.Fourteen months after the 9/11 attacks in the United States, Rawls died in 2002. At that point, and despite the many obituaries and articles then praising his achievements, it was somewhat unclear how his work would fare in the coming years. A commonly expressed thought was that whatever practical philosophical relevance his work had had, a rapidly changing world had eroded it significantly. Of course, few doubted that his work would remain of historical interest. But the time had come for political philosophy to move on. Or so to many it then seemed. And there are today, of course, those who continue in one way or another to express this view.But over the last two decades, it has become harder rather than easier to dismiss the practical philosophical relevance of Rawls' work. Cascading and converging crises have catalyzed growing despair over both constitutional republican liberal democracy and a peaceful and reasonable international order. Reasonable, inclusive, and deliberative political and law-making activity has been steadily sidelined by the destructive interplay of dogmatic fanaticism and apathetic resignation. Ideals, especially when constructed from materials drawn out of a lived, and so always to some significant degree defective, tradition are routinely disparaged as mere ideology. Though sometimes difficult to appreciate in the heat of the present historical moment, the practical philosophical relevance of Rawls' work has perhaps never been greater. At least that is the view animating this special issue.First published in 1971, A Theory of Justice challenged (and still challenges) readers. It has often been remarked that it expressed a mid-20th century liberal sensibility that was already rapidly passing from the scene by the early 1970s. But this is not quite accurate. The liberal sensibility that was dominant in the mid-20th century steadily converged on the

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An Introduction to Rawls on Justice

Cited by 3 publications

References 0 publications

Towards a minimal conception of Transitional Justice

Towards a minimal conception of Transitional Justice

Overlapping consensus view of human rights: a Rawlsian conception

Editor's introduction: Special issue—Rawls at 100; Theory at 50

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