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Full-Text Articles in Law
Ordered Liberty: Response To Michael Dorf, James E. Fleming, Linda C. Mcclain
Ordered Liberty: Response To Michael Dorf, James E. Fleming, Linda C. Mcclain
Faculty Scholarship
We appreciate Michael Dorf's serious engagement with our book and his conclusion that “it responds effectively to the charge that liberalism focuses on rights to the exclusion of responsibilities.” 1 He charges us, however, with an “errant theodicy” - with making the “claim that we have . . . the freedoms we have in virtue of a freestanding principle that respectful treatment of persons requires granting them autonomy as responsibility.” 2 He also criticizes us for deriving basic liberties from a “freestanding interest in autonomy.” 3 In this response we aim to clarify our argument concerning responsibility as autonomy and …
Sandel On Religion In The Public Square, Hugh Baxter
Sandel On Religion In The Public Square, Hugh Baxter
Faculty Scholarship
In the final chapter of "Justice" (2009), Sandel calls for a “new politics of the common good,” which he presents as an alternative to John Rawls’s idea of public reason. Sandel calls “misguided” Rawls’s search for “principles of justice that are neutral among competing conceptions of the good life.” According to Sandel, “[i]t is not always possible to define our rights and duties without taking up substantive moral questions; and even when it’s possible it may not be desirable.” In taking up these moral questions, Sandel writes, we must allow specifically religious convictions and reasons into the sphere of public …