Arts and Humanities Commons^™

Justice As Fairness Or As Inclusion: Putting Rawls In Conversation With The Bans On Transgender Athletes, Nicole Player

Pomona Senior Theses

The last decade has seen a flurry of anti-transgender bills introduced and passed in the United States, and the topic that has likely been the most hotly debated regards the dozens of state bans on transgender athletes. While most discussions of these bans go straight to a debate about physiology, this thesis centers instead on a question of justice. In the debate of whether to allow a transgender girl to compete in girls’ sports, is it more “just” to prioritize fairness in women’s sport, as these bans do, or is it more just to prioritize inclusion? This thesis, in finding …

Social Justice In India: A Comparative Study Of Rawls And Ambedkar, Abinash Darnal

Comparative Philosophy

Justice has always been central to political philosophy over a period of time. No doubt, throughout the ages, countless philosophers have understood justice in different ways. Nevertheless, they have consented that a good society is a just society. Moreover, justice is a distributive concept and is concerned with the distribution of wealth, leisure, liberty, friendship, love, etc. Twentieth century justice came to be discussed usually in relation to social life in general, and the distribution of material rewards in particular and usually came to be known as ‘Social Justice’. Social justice as such came to be accepted as the fair …

Assembling Ideal Actualization In Viennese Social Housing, Jack Day

Honors Theses

The central aims of this paper are to create a potential concept for what an ideal social housing program could look like and then to determine the extent to which the social housing program in Vienna, Austria has brought this ideal to reality. The social housing program in Vienna was chosen due to its popularity as a program and its generally positive reputation. The paper proceeds by first offering potential definitions for social housing, its ideals, and potential indicators for ideal fulfillment. Then, I take influence from the frameworks of assemblage theory and path-dependency theory to analyze the material, temporal, …

Stability And Resilience In Rawls's Political Liberalism, Grace Campbell

Doctoral Dissertations

Stability and resilience are complementary attributes in John Rawls’s most developed liberal system. In his early theory, stable cooperation is guaranteed by liberal society’s single, shared conception of justice. Rawls’s more pluralist theory introduces a possibility of cooperation without a consensus about justice, but it does not explain stable cooperation. If citizens are committed to a family of reasonable, liberal conceptions of justice, a pluralist liberal system can be stable because it is also resilient. Though pluralism increases discord in dynamic conditions, citizens can appeal to a shared family of ideals to adapt and restore allegiance. This adaptive capacity is …

Decentralized Perfectionism: A Critique Of Contractarianism And Bureaucracy Through The Inspiration Of Nietzsche, Felix George Newton Johnson

Senior Projects Spring 2022

The goal of this project is to articulate a critique of contractarianism and it links to the modern system of bureaucracy through a commitment to individual valuation and pluralism. This work illustrates the core of both contractarianism and bureaucracy as security and through this identification demonstrates the inability to consider social, political, and economic alternatives. This critique is based on the contractarianism of Thomas Hobbes and John Rawls, both demonstrating the deep contractarian need for security. This is extended further into a modern critique of bureaucracy as an extension of the contractarian framework, a system dependent on limiting conceptions of …

Loose Connections In The Just Society, Benjamin Parviz

Theses

John Rawls’ influential A Theory of Justice presents a liberal theory in which individuals gain “a sense of justice” that commits them to the success of the just society above other interests or life plans. Critics of Rawlsian liberalism such as Taylor, Sandel, MacIntyre, Walzer, and the communitarians have variously complained that his theory inadequately accounts for individual commitment to community as distinct from commitment to the whole of society. In this essay I consider Rawls’s theory in light of the arguments of these community concerned critics in order to understand whether these complaints have any merit. In particular, I …

An Extension Of Social Justice : A Rawlsian Application Of Justice For The Intellectually Disabled, Jennifer Christina Tillman

Legacy Theses & Dissertations (2009 - 2024)

In this dissertation, I add to the literature in the following way. First, I review the existing criticisms of Rawls’s theory of justice, which claims that he is unable to address the question of justice for individuals with intellectual disabilities. Second, I explain how Rawls’s idea of reciprocity can accommodate some forms of disability but not the more severe cases. Third, I develop an account of a right to political identity that can provide an extension of Rawls’s theory to address the more severe cases of disability. From these steps, I will suggest that these changes will allow us to …

Reasonableness And The Means Of Production, Dennis Moore

Theses and Dissertations

Although John Rawls’s work has been incredibly influential in political philosophy, the question of how Rawls’s principles of justice would be realized in the institutions of a just society has only recently received significant attention. Stated most clearly in Justice as Fairness: A Restatement, Rawls discusses five regimes, only two of which are compatible with justice as fairness: liberal socialism and property-owning democracy. Rawls argues that both regime types can satisfy his principles of justice and choosing which regime to institute depends on the culture of the nation in question. In this essay, I argue that although both liberal socialism …

Edward Snowden, National Security Whistleblowing, And Civil Disobedience, David E. Pozen

Faculty Scholarship

No recent whistleblower has been more lionized or vilified than Edward Snowden. He has been nominated for the Nobel Peace Prize and denounced as a "total traitor" deserving of the death penalty. In these debates, Snowden's defenders tend to portray him as a civil disobedient. Yet for a range of reasons, Snowden's situation does not map neatly onto traditional theories of civil disobedience. The same holds true for most cases of national security whistleblowing.

The contradictory and confused responses that these cases provoke, this essay suggests, are not just the product of polarized politics or insufficient information. Rather, they reflect …

On Hypothetical Contracts, Karim Barakat

Electronic Theses and Dissertations

My dissertation develops a critique of Rawlsian social contract theory by arguing that the normative component of democratic practices must be grounded in nonpolitical reasons. With John Rawls’s rights-based approach, social contract theory has strongly resurfaced by focusing on consent as the basic condition for the formation of a just state. The emphasis on agreement leads Rawls to exclude historical, religious, or philosophical reasons from justifying the ideal conception of justice. Consequently, Rawls completely separates politics from any nonpolitical grounding. I argue, however that Rawls’s project cannot account for its normative commitments unless it makes use of a nonpolitical ground. …

The Property Question.Pdf, William A. Edmundson

William A. Edmundson

The Free Exercise Clause, Minority Faiths, And The Possibility Of Religious Independence After Rawlsian Liberalism, David Charles Scott

Theses and Dissertations--Philosophy

The conversation to which my dissertation belongs is that which preoccupied John Rawls in Political Liberalism, namely: (1) how it is possible that a religiously and morally pluralistic culture like ours lives cooperatively from one generation to the next, and (2) The extent to which religious or moral convictions are appropriate bases for political action. My three-essay dissertation is about aspects of this investigation that affect minority or non-mainstream religious and cultural groups, since legal institutions, and theoretical models of them (such as Rawls’s and Ronald Dworkin’s) are in many ways ill-suited to accommodate their ways of life. In the …

The Property Question.Pdf, William A. Edmundson

William A. Edmundson

The Significance Of Rousseau’S Concept Of Amour-Propre In Rawls, Xinghua Wang

Doctoral Dissertations

This dissertation defends the view that there is a Rousseauvian interpretation of Rawls’s political philosophy by focusing on the significance of amour-propre in Rawls’s political philosophy. In the first chapter, I introduce my central thesis and chapter arrangements and compare my Rousseauvian interpretation with other interpretations of Rawls. In the second chapter, I introduce Rousseau’s concept of amour-propre and try to defend Rawls’s wide view of amourpropre, according to which, amour-propre has both a positive and a negative form. In the third chapter, I argue that Rousseau’s concept of amour-propre plays a significant role in Rawls’s conception of justice as …

An Explanation Of John Rawls's Theory Of Justice With A Defense Of The Veil Of Ignorance, Alex Miele

CMC Senior Theses

John Rawls was a political philosopher who proposed a theory centered around the idea of justice as fairness. His primary concern was social justice, so more specifically, he proposed a basic structure for society that ensures major social institutions like the government fairly distribute fundamental rights and duties and optimally divide advantages brought about by social cooperation. His theory is based on the idea that the correct principles to use for the basic structure of society are those that free and rational people would agree to in attempt to advance their own self-interest from a fair and equal starting position. …

Justice Between Authors, Dawn C. Nunziato

Journal of Intellectual Property Law

Traditionally, authors' copyright rights have been limited in order to promote the progress of science and the useful arts. However, authors today are increasingly employing additional protective measures that arguably are not subject to such limitations. Even if such extra-copyright measures are not limited like copyright protections, several principles underlying the copyright regime support imposing such limits on authors' rights. In this Article, based upon John Rawls's theory of justice as fairness, I develop a theory of justice between generations of authors. This theory requires that the rights of each generation of authors be limited for the benefit of subsequent …

John Rawls’ Theory Of Justice And Mixed Conception With A Social Minimum Principle, Kevin Wu

CMC Senior Theses

John Rawls was a political philosopher concerned with social justice, specifically the best way that society could be structured so that individual rights and duties were fairly distributed amongst everyone and division of advantages from social cooperation were optimally determined. He believed that this conception of justice rested in principles that would be agreed upon by free, self-interested and rational persons in a starting position of equality and fairness. The principles of the theory of justice are ones that are meant to enable this group of people to cooperate with each other while recognizing that individuals in the group both …

Hopeful Losers? A Moral Case For Mixed Electoral Systems, Loren King

Political Science Faculty Publications

Liberal democracies encourage citizen participation and protect our freedoms, yet these regimes elect politicians and decide important issues with electoral and legislative systems that are less inclusive than other arrangements. Some citizens inevitably have more influence than others. Is this a problem? Yes, because similarly just but more inclusive systems are possible. Political theorists and philosophers should be arguing for particular institutional forms, with particular geographies, consistent with justice.

Les démocraties libérales encouragent la participation citoyenne et protègent nos libertés. Pourtant, ces régimes élisent des politiciens et décident de problèmes importants via les systèmes électoral et législatif, qui sont moins …

How Secular Should Democracy Be? A Cross-Disciplinary Study Of Catholicism And Islam In Promoting Public Reason, David Ingram, David Ingram

Philosophy: Faculty Publications and Other Works

I argue that the same factors (strategic and principled) that motivated Catholicism to champion liberal democracy are the same that motivate 21^st Century Islam to do the same. I defend this claim by linking political liberalism to democratic secularism. Distinguishing institutional, political, and epistemic dimensions of democratic secularism, I show that moderate forms of political and epistemic secularism are most conducive to fostering the kind of public reasoning essential to democratic legitimacy. This demonstration draws upon the ambivalent impact of Indonesia’s Islamic parties in advancing universal social justice aims as against more sectarian policies.

Poverty Knowledge, Coercion, And Social Rights: A Discourse Ethical Contribution To Social Epistemology, David Ingram

Philosophy: Faculty Publications and Other Works

In today’s America the persistence of crushing poverty in the midst of staggering affluence no longer incites the righteous jeremiads it once did. Resigned acceptance of this paradox is fueled by a sense that poverty lies beyond the moral and technical scope of government remediation. The failure of experts to reach agreement on the causes of poverty merely exacerbates our despair. Are the causes internal to the poor – reflecting their more or less voluntary choices? Or do they emanate from structures beyond their control (but perhaps amenable to government remediation)? If both of these explanations are true (as I …

A Theory Of Environmentalism : Environmentalism As Wide-Ecology, Elizabeth Gray

Legacy Theses & Dissertations (2009 - 2024)

The aim of A Theory of Environmentalism is to develop a moral basis for our participation in the natural world that best captures our considered judgments. The ultimate goal is to develop a practical theory of environmentalism that can be used to evaluate the ecological communities of which we are members and to guide and judge our actions within those communities. To achieve this, the first goal is to redefine and clarify the framework within which environmental ethics is approached.

Rawls, Religion And The Ethics Of Citizenship: Toward A Liberal Reconciliation, Jeffrey Michael Cervantez

Doctoral Dissertations

This dissertation explores the conflict between religion and Rawls’s liberalism. Often Rawls’s critics contend that the idea of public reason is hostile to religion or unfriendly to citizens of faith. I argue that this concern is misguided. A careful analysis of Rawls’s work demonstrates that he is far more welcoming to religion than is sometimes claimed. To defend this thesis I put forward what I take to be the best interpretation of Rawls’s idea of public reason, one that I think is immune to most of the standard objections.

Nevertheless, there are some lingering challenges to public reason that need …

The Structural Injustice Of Forced Migration And The Failings Of Normative Theory, David Ingram

David Ingram

I propose to criticize two strands of argument - contractarian and utilitarian – that liberals have put forth in defense of economic coercion, based on the notion of justifiable paternalism. To illustrate my argument, I appeal to the example of forced labor migration, driven by the exigencies of market forces. In particular, I argue that the forced migration of a special subset of unemployed workers lacking other means of subsistence (economic refugees) cannot be redeemed paternalistically as freedom or welfare enhancing in the long run. I further argue that contractarian and utilitarian approaches are normatively incapable of appreciating this fact …

Of Sweatshops And Human Subsistence: Habermas On Human Rights, David Ingram

David Ingram

In this paper I argue that the discourse theoretic account of human rights defended by Jürgen Habermas contains a fruitful tension that is obscured by its dominant tendency to identify rights with legal claims. This weakness in Habermas’s account becomes manifest when we examine how sweatshops diminish the secure enjoyment of subsistence, which Habermas himself (in recognition of the UDHR) recognizes as a human right. Discourse theories of human rights are unique in tying the legitimacy of human rights to democratic deliberation and consensus. So construed, their specific meaning and force is the outcome of historical political struggle. However, unlike …

Poverty Knowledge, Coercion, And Social Rights: A Discourse Ethical Contribution To Social Epistemology, David Ingram

David Ingram

In today’s America the persistence of crushing poverty in the midst of staggering affluence no longer incites the righteous jeremiads it once did. Resigned acceptance of this paradox is fueled by a sense that poverty lies beyond the moral and technical scope of government remediation. The failure of experts to reach agreement on the causes of poverty merely exacerbates our despair. Are the causes internal to the poor – reflecting their more or less voluntary choices? Or do they emanate from structures beyond their control (but perhaps amenable to government remediation)? If both of these explanations are true (as I …

Decent Peoples, Political Legitimacy, And Informed Consent, Jonathan Grandits

Theses and Dissertations

In The Law of Peoples, John Rawls attempts to work out principles of justice for the foreign policy of a reasonably just liberal people. One of his primary goals is to establish the minimum requirements necessary for a people to be an equal member (or a 'members in good standing') within a Society of Peoples (SoP). While Rawls believes that all well-ordered liberal peoples meet these requirements, he also believes that there are non-liberal peoples that are capable of doing so as well. He thus imagines the possibility of a non-liberal, well-ordered people. He calls such peoples Decent Hierarchical Societies …

Why The Basic Structure Is Basic : A Defense Of The Doctrinal Autonomy Of Political Philosophy, Pete Murray

Legacy Theses & Dissertations (2009 - 2024)

In my dissertation, I defend John Rawls's claim that the question of the design of the basic structure of society is the central question of distributive justice. The basic structure, on my understanding, and following Samuel Freeman, is the system of basic background institutions within which we pursue our everyday lives. It includes the institutions of our political and legal system, our system of property, our economic system, and the legal structure of the family.

Justice, Health, And Normal Function: A Political Foundation For Just Health Distribution, Erik Randall Krag

Doctoral Dissertations

Health is a particularly important social good, not least because it protects equality of opportunity: whatever goals we have, we need health to pursue them. Justice requires that we protect equality of opportunity, and so a just society must protect the health of its citizens. However, health resources are scarce; hence, theories of justice must consider how to distribute them fairly. Such distributional schemes must meet two requirements: first, they must fix what counts as a health need, and second, they must determine how to prioritize health needs. Existing discussions often focus on the second requirement alone, but this risks …

The Structural Injustice Of Forced Migration And The Failings Of Normative Theory, David Ingram

Philosophy: Faculty Publications and Other Works

I propose to criticize two strands of argument - contractarian and utilitarian – that liberals have put forth in defense of economic coercion, based on the notion of justifiable paternalism. To illustrate my argument, I appeal to the example of forced labor migration, driven by the exigencies of market forces. In particular, I argue that the forced migration of a special subset of unemployed workers lacking other means of subsistence (economic refugees) cannot be redeemed paternalistically as freedom or welfare enhancing in the long run. I further argue that contractarian and utilitarian approaches are normatively incapable of appreciating this fact …

Webs Of Faith As A Source Of Reasonable Disagreement, Gregory Brazeal

Gregory Brazeal

Contemporary political theorists and philosophers of epistemology and religion have often drawn attention to the problem of reasonable disagreement. The idea that deliberators may reasonably persist in a disagreement even under ideal deliberative conditions and even over the long term poses a challenge to the common assumption that rationality should lead to consensus. This essay proposes a previously unrecognized source of reasonable disagreement, based on the notion that an individual's beliefs are rationally related to one another in a fabric of sentences or web of beliefs. The essay argues that an individual's beliefs may not form a single, seamless web, …