Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- University of Tennessee, Knoxville (2)
- Butler University (1)
- California Polytechnic State University, San Luis Obispo (1)
- Chapman University (1)
- Claremont Colleges (1)
-
- Colby College (1)
- Columbia Law School (1)
- Connecticut College (1)
- Florida International University College of Law (1)
- Georgia State University (1)
- Macalester College (1)
- Northwestern College, Iowa (1)
- Old Dominion University (1)
- Rochester Institute of Technology (1)
- Selected Works (1)
- SelectedWorks (1)
- Syracuse University (1)
- Touro University Jacob D. Fuchsberg Law Center (1)
- Trinity College (1)
- Trinity University (1)
- University at Albany, State University of New York (1)
- University of Kentucky (1)
- University of Missouri, St. Louis (1)
- University of Richmond (1)
- University of San Diego (1)
- University of Windsor (1)
- University of Wisconsin Milwaukee (1)
- Ursinus College (1)
- Western Michigan University (1)
- Western University (1)
- Publication Year
- Publication
-
- 2014 Undergraduate Awards (1)
- Adam White (1)
- Articles (1)
- Between the Species (1)
- Bookshelf (1)
-
- CMC Senior Theses (1)
- Dissertations - ALL (1)
- Doctoral Dissertations (1)
- FIU Law Review (1)
- Faculty Scholarship (1)
- Honors Theses (1)
- Justin Schwartz (1)
- Legacy Theses & Dissertations (2009 - 2024) (1)
- Masters Theses (1)
- Northwestern Review (1)
- OSSA Conference Archive (1)
- Philosophy Faculty Articles and Research (1)
- Philosophy Faculty Publications (1)
- Philosophy Faculty Research (1)
- Philosophy Honors Papers (1)
- Philosophy Honors Projects (1)
- Philosophy Theses (1)
- Richard T. Schellhase Essay Prize in Ethics (1)
- San Diego Law Review (1)
- Scholarship and Professional Work - LAS (1)
- Senior Theses and Projects (1)
- The Hilltop Review (1)
- Theses (1)
- Theses and Dissertations (1)
- Theses and Dissertations--Philosophy (1)
Articles 1 - 30 of 31
Full-Text Articles in Arts and Humanities
American Transcendentalism Contra Contemporary Political Philosophy: Applications Of Thomas Carlyle And Ralph Waldo Emerson To Liberal Democratic Capitalism, Platonism, Islamism, Technology, And The "End Of History", Brian Wolfel
Dissertations - ALL
I construct Thomas Carlyle's political philosophy in the contexts of twentieth-century and contemporary political philosophy by dialoging and contrasting Carlyle with the work of John Rawls, Alasdair MacIntyre, Jacques Ellul, and Sayyid Qutb, among others. I also focus my attention on Carlyle as a philosopher who is an intermediary between ancient Platonism and nineteenth-century American Transcendentalism. Carlyle's Sartor Resartus is a Platonic text that provided a foundational inspiration for Ralph Waldo Emerson, Henry David Thoreau, and American Transcendentalism writ-large. Despite Carlyle being a chief source of inspiration for American Transcendentalism, his political theory did not inspire the development of a …
A Rawlsian Critique Of The Political Speech Constraints On Charities, Johnny Rex Buckles
A Rawlsian Critique Of The Political Speech Constraints On Charities, Johnny Rex Buckles
FIU Law Review
This Essay analyzes whether the Rawlsian concept of public reason explains the substantive content of the lobbying limitation and the campaigning ban, and, more broadly, the implications of public reason for tax-exempt charities and their political speech. The question is notwhether public reasons—distinct premises and conclusions forming an argument—justify these provisions of law, but whether the political activity limitations of IRC § 501(c)(3) are properly understood to manifest or implement the ideal of public reason itself. Additionally, if these statutory constraints do not embody the ideal of public reason, do they offend it?
Freedom Or Responsibility? On The Unreason Of Public Reason, Mitchell L. Winget
Freedom Or Responsibility? On The Unreason Of Public Reason, Mitchell L. Winget
The Hilltop Review
Abstract: This article argues that the public reason tradition of political normativity is flawed. As a result, I argue for a politically normative approach that rationally justifies morally legitimate political power for democratic political societies from outside the paradigm of public reason. To this end, I propose that neo-Aristotelian virtue theory lends us such a framework. Furthermore, I’ll defend this framework against the objections that such a theory of political normativity is unreasonable and anti-democratic.
Review Of Federico Zuolo's Animals, Political Liberalism And Public Reason, Josh Milburn
Review Of Federico Zuolo's Animals, Political Liberalism And Public Reason, Josh Milburn
Between the Species
No abstract provided.
An Investigation On Rawls’ Theory Of Justice And Its Relationship To Metaphysics, Liangxuan Xu
An Investigation On Rawls’ Theory Of Justice And Its Relationship To Metaphysics, Liangxuan Xu
Senior Theses and Projects
No abstract provided.
The Difference Principle: Rawls’S Two Oversights, Adam White
The Difference Principle: Rawls’S Two Oversights, Adam White
Adam White
On Waldron's Critique Of Raz On Human Rights, Joseph Raz
On Waldron's Critique Of Raz On Human Rights, Joseph Raz
Faculty Scholarship
This commentary responds to Waldron’s “Human Rights: A Critique of the Raz/Rawls Approach”. It points out that some supposed criticisms are nothing more than observations on conditions that any account of rights must meet, and that Waldron’s objections to Raz are due to misunderstanding his thesis and its theoretical goal. The short comment tries to clarify that goal.
Realist Nonideal Theory: The Intuition Critique, Reflective Equilibrium And The Role Of Morality In Politics, Danny R. Underwood Ii
Realist Nonideal Theory: The Intuition Critique, Reflective Equilibrium And The Role Of Morality In Politics, Danny R. Underwood Ii
Theses
In this paper, I explain political realist Raymond Geuss’ critique of John Rawls concerning his use of intuitions when developing a political philosophy. Rawls’ justice as fairness, due to its reliance on moral intuitions, fails to achieve the theory's purported aim and has the effect of affirming the status quo. I use Rawls’ idea of reflective equilibrium, where our theoretical principles are checked against our commitments until a satisfactory balance is reached, as an explanatory framework to discuss various forms of political philosophy. By adopting this framework, the disputes between various approaches to political philosophy are reducible to which initial …
Rawlsian Self-Respect And Limiting Liberties In The Background Culture, Kyle William Chapel
Rawlsian Self-Respect And Limiting Liberties In The Background Culture, Kyle William Chapel
Masters Theses
John Rawls tells us in his landmark work, A Theory of Justice (1971), that self-respect is the “most important primary good” (TJ 386) and that “the parties in the original position would wish to avoid at almost any cost the social conditions that undermine self-respect” (TJ 440). The importance of self-respect is a theme that continues throughout the body of Rawl’s work; in Political Liberalism (1993) Rawls tells us that in considering different principles of justice parties in the original position put a great deal of emphasis on “how well principles of justice support self-respect” (PL 319). Given the …
Natural Law And Agonistic Pluralism, Daniel E. Young
Natural Law And Agonistic Pluralism, Daniel E. Young
Northwestern Review
John Rawls’ account of political liberalism posits the necessity of a metaphysically neutral “public reason” to avoid privileging any comprehensive doctrine in the public square. The natural law tradition has been claimed by some as meeting this standard. However, thinkers such as Tracey Rowland criticize the attempt to make natural law a secular, neutral ground; she believes it must be rooted in an overtly Trinitarian and Christological theology. However, such theological assumptions are not shared by those of other comprehensive doctrines. Chantal Mouffe has also challenged Rawls’ consensus conception, focusing rather on the inevitable ideological conflicts to be found in …
Reparations For Racism: Why The Persistence Of Institutional Racism In America Demands More Than Equal Opportunity For Black Citizens, Alexander Lowe
Reparations For Racism: Why The Persistence Of Institutional Racism In America Demands More Than Equal Opportunity For Black Citizens, Alexander Lowe
Richard T. Schellhase Essay Prize in Ethics
No abstract provided.
Self-Respect And Objectivity: A Critique Of Rawls, Benjamin A. Logan
Self-Respect And Objectivity: A Critique Of Rawls, Benjamin A. Logan
Theses and Dissertations--Philosophy
In A Theory of Justice, John Rawls names two conditions as necessary and sufficient for an agent to have self-respect. I argue that Rawls’s two conditions constitute an inadequate understanding of self-respect. Contrary to Rawls, I argue that self-respect requires moral desert, and that self-respect is a distinct concept from self-esteem.
Fair Equality Of Opportunity: Reconceiving Affirmative Action Through A Rawlsian Lens, Janelle Garcelon
Fair Equality Of Opportunity: Reconceiving Affirmative Action Through A Rawlsian Lens, Janelle Garcelon
CMC Senior Theses
This paper examines common and past applications of affirmative action, including arguments for and against the application; presents John Rawls’ theory of justice, and proposes a framework using Rawls’ theory for future applications of affirmative action. The proposal relieves heavily on the principle of fair equality of opportunity, both as an indicator for when using affirmative action is appropriate as well as a tool to help identify the people that affirmative action programs should target. Using this framework, the public education system is identified as a sector of society that fails to provide fair equality of opportunity for all citizens, …
Political Liberalism And The Fate Of Unreasonable People, Fuat Gursozlu
Political Liberalism And The Fate Of Unreasonable People, Fuat Gursozlu
Touro Law Review
No abstract provided.
Google Books As Infrastructure Of In/Justice: Towards A Sociotechnical Account Of Rawlsian Justice, Information, And Technology, Anna Lauren Hoffmann
Google Books As Infrastructure Of In/Justice: Towards A Sociotechnical Account Of Rawlsian Justice, Information, And Technology, Anna Lauren Hoffmann
Theses and Dissertations
The Google Books project is germane for examining underappreciated dimensions of social justice and access to information from a Rawlsian perspective. To date, however, the standard account of Rawls as applied to information and technology has focused almost exclusively on rights to access and information as a primary good (Drahos 1996; van den Hoven and Rooksby 2008; Duff 2011). In this dissertation, the author develops an alternative to the standard account--the sociotechnical account--that draws on underappreciated resources available within discussions of Rawls' work. Specifically, the author focuses on the importance of Rawls' basic structure argument and the value of self-respect--two …
(Im)Partiality, Compassion, And Cross-Cultural Change: Re-Envisioning Political Decision-Making And Free Expression, Emily Wade
Philosophy Honors Projects
Past justifications of free expression rely on the crucial role speech plays in deliberative democracies and respecting persons. Beneath each of these justifications lies the common goal of creating greater justice for individuals and groups. Yet 20th century political liberalism limits the kinds of arguments that ought to motivate political decisions. In this paper I explore how an inclusive political decision-making process can bring about a more just world. By relying on personal views and compassion rather than impartiality and reasonability, political actors can engage in a discourse that results in greater understanding among persons and lasting community change.
Ordering Anarchy, John Thrasher
Ordering Anarchy, John Thrasher
Philosophy Faculty Articles and Research
Ordered social life requires rules of conduct that help generate and preserve peaceful and cooperative interactions among individuals. The problem is that these social rules impose costs. They prohibit us from doing some things we might see as important and they require us to do other things that we might otherwise not do. The question for the contractarian is whether the costs of these social rules can be rationally justified. I argue that traditional contract theories have tended to underestimate the importance of evaluating the cost of enforcement and compliance in the contract procedure. In addition, the social contract has …
Is Rawls’S Difference Principle Preferable To Luck Egalitarianism?, Taylor C. Rodrigues
Is Rawls’S Difference Principle Preferable To Luck Egalitarianism?, Taylor C. Rodrigues
2014 Undergraduate Awards
John Rawls’s difference principle and luck egalitarianism are currently two of the most popular theories of distributive justice in the philosophical literature. Many luck egalitarians have argued that Rawls outlined the fundamental arguments for luck egalitarianism in A Theory of Justice (TJ) but did not settle on the difference principle because he did not realize the full implications of his own arguments. In contrast, I believe that Rawls was too thorough of a thinker not to realize the full implications of his arguments for the difference principle. In this essay I explicate two arguments I believe that Rawls …
[Introduction To] Property-Owning Democracy: Rawls And Beyond, Martin O'Neill, Thad Williamson
[Introduction To] Property-Owning Democracy: Rawls And Beyond, Martin O'Neill, Thad Williamson
Bookshelf
Property-Owning Democracy: Rawls and Beyond features a collection of original essays that represent the first extended treatment of political philosopher John Rawls' idea of a property-owning democracy.
- Offers new and essential insights into Rawls's idea of "property-owning democracy"
- Addresses the proposed political and economic institutions and policies which Rawls's theory would require
- Considers radical alternatives to existing forms of capitalism
- Provides a major contribution to debates among progressive policymakers and activists about the programmatic direction progressive politics should take in the near future
Rawls And A Normative Account Of The Permissibility Of Humanitarian Intervention, Tiffany Brianne Redies
Rawls And A Normative Account Of The Permissibility Of Humanitarian Intervention, Tiffany Brianne Redies
Legacy Theses & Dissertations (2009 - 2024)
In this paper, I seek to develop a normative account of the moral permissibility of humanitarian intervention based upon Rawls's work The Law of Peoples. In the first section of this paper, I argue that four specific criteria governing the permissibility of humanitarian intervention result from a close examination of The Law of Peoples. First, there must exist an on-going human rights violation in either an outlaw state or a burdened society. Secondly, this human rights violation must be grave in nature. Third, the intervening state must hold a sincere and reasonable belief that a grave violation is occurring and …
A Rawlsian Case For Public Judgment, Justin Matthew Deaton
A Rawlsian Case For Public Judgment, Justin Matthew Deaton
Doctoral Dissertations
We can best understand the moral obligations of citizens and officials concerning public reason as set out by John Rawls when two differing standards latent in his body of work are made explicit. The weaker standard, which I call Public Representation (or PR), is exegetically supported primarily by the proviso found in his “The Idea of Public Reason Revisited”. PR allows that citizens may deliberate over serious political matters, both internally and with others, according to whatever perspective and using whatever reasons they please, so long as they believe the positions they advocate are adequately just and adequately justifiable with …
Wide Reflective Equilibrium And Conductive Argument, Steven Patterson, Charles V. Blatz
Wide Reflective Equilibrium And Conductive Argument, Steven Patterson, Charles V. Blatz
OSSA Conference Archive
In this paper I compare and contrast Rawls’s notion of reflective equilibrium with Wellman‘s notion of conductive argument. In the course of so doing I will address two key questions: (1) Are conduc-tive argument and reflective equilibrium best understood as modes of reasoning or types of argument? and (2) What relationship (logical, pragmatic, etc.), if any, is there between them?
Healthcare And Justice: A Moral Obligation?, Ian Henneberger
Healthcare And Justice: A Moral Obligation?, Ian Henneberger
Philosophy Honors Papers
No abstract provided.
Therapeutic Discourse And The American Public Philosophy: On American Liberalism's Troubled Relationship With Psychology, Clifford D. Vickrey
Therapeutic Discourse And The American Public Philosophy: On American Liberalism's Troubled Relationship With Psychology, Clifford D. Vickrey
Honors Theses
I explore the main currents of postwar American liberalism. One, sociological, emerged in response to the danger of mass movements. Articulated primarily by political sociologists and psychologists and ascendant from the mid-fifties till the mid-seventies, it heralded the "end of ideology." It emphasized stability, elitism, positive science and pluralism; it recast normatively sound politics as logrolling and hard bargaining. I argue that these normative features, attractive when considered in isolation, taken together led to a vicious ad hominem style in accounting for views outside the postwar consensus. It used pseudo-scientific literature in labeling populists, Progressives, Taft conservatives, Goldwaterites, the New …
The Proper Metric Of Justice In Justice As Fairness, Charles Benjamin Carmichael
The Proper Metric Of Justice In Justice As Fairness, Charles Benjamin Carmichael
Philosophy Theses
I explore the problem of using primary goods as the index for determining the least-advantaged members in a society in Rawls’s theory of justice. I look at the problems presented to Rawls by Amartya Sen and his capabilities approach. I discuss the solutions to Sen’s problems given by Norman Daniels, who argues that primary goods are able to take capabilities into account. Finally, I supplement Daniels, arguing that the parameters Rawls uses to define his theory limit Sen’s objection and that primary goods are the appropriate metric of justice in Rawls’s theory.
Everybody Hates Rainbows, D. E. Wittkower
Everybody Hates Rainbows, D. E. Wittkower
Philosophy Faculty Publications
[First paragraph]
“The Culture Industry.” Does that phrase make you as uncomfortable as it makes me? Culture shouldn’t be an industry; it should be something natural and organic. Culture is our communal history and legacy; the context in which we learn and grow, and to which we may contribute. In the past, our culture might have consisted of the stories we learned as children, the songs we all sang together, perhaps traditional clothing or dances. In some sense, it’s hard to imagine today.
A Precautionary Tale: Separating The Infant From The Fetus, Lawrence Torcello
A Precautionary Tale: Separating The Infant From The Fetus, Lawrence Torcello
Articles
This article confronts growing conservative opposition to abortion based on the slippery slope claim that abortion is morally equivalent to infanticide. By examining the relationship between moral skepticism and precautionary ethics the article promotes completely the permissive position on abortion from conception to birth while consistently rejecting the possibility that such a position entails permissive implications for infanticide. The article introduces and traces the implicit relationship between moral skepticism, the precautionary principle and political liberalism.
Kantian Ethics (Reference Entry), Harry Van Der Linden
Kantian Ethics (Reference Entry), Harry Van Der Linden
Scholarship and Professional Work - LAS
"Kantian Ethics," published in Ethics, Revised Edition, pages 806-08, reprinted (or reproduced) by permission of the publisher Salem Press. Copyright, ©, 2004 by Salem Press.
Indiscernability Skepticism, Steven Luper
Indiscernability Skepticism, Steven Luper
Philosophy Faculty Research
Ideally, our account of knowledge would help us to understand the appeal of (and flaws in) skepticism,2 while remaining consistent with our ‘intuitions,’ and supporting epistemic principles that seem eminently plausible. Of course, we don’t always get what we want; we may not be able to move from intuitions and principles to an account that fully squares with them. As a last resort, we may have to move in the other direction, and give up intuitions or principles that are undermined by an otherwise compelling account of knowledge, so as to achieve ‘reflective equilibrium.’3 But last resorts come …
Rights Of Inequality: Rawlsian Justice, Equal Opportunity, And The Status Of The Family, Justin Schwartz
Rights Of Inequality: Rawlsian Justice, Equal Opportunity, And The Status Of The Family, Justin Schwartz
Justin Schwartz
Is the family subject to principles of justice? In A Theory of Justice, John Rawls includes the (monogamous) family along with the market and the government as among the "basic institutions of society" to which principles of justice apply. Justice, he famously insists, is primary in politics as truth is in science: the only excuse for tolerating injustice is that no lesser injustice is possible. The point of the present paper is that Rawls doesn't actually mean this. When it comes to the family, and in particular its impact on fair equal opportunity (the first part of the the Difference …