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In 1971 John Rawls's A Theory of Justice transformed twentieth-century political philosophy, and it ranks among the most influential works in the history of the subject. This volume of new essays marks the 50th anniversary of its publication with a multi-faceted exploration of Rawls's most important book. A team of distinguished contributors reflects on Rawls's achievement in essays on his relationship to modern political philosophy and 20th-century economic theory, on his Kantianism, on his transition to political liberalism, on his account of public reason and contemporary challenges to it, on his theory's implications for problems of racial justice, on democracy and its fragility, and on Rawls's enduring legacy. The volume will be valuable for students and scholars working in moral and political philosophy, political theory, legal theory, and religious ethics.
Within liberal societies, citizens endorse a range of religious, moral, and philosophical views (e.g., Buddhism and utilitarianism). Despite this doctrinal diversity, John Rawls’ account of political liberalism holds that there is a form of democratic equality that is realizable by all citizens. Citizens can be equally politically autonomous if they enjoy equal political power and justify the exercise of that power with public reasons. A political liberal education for democratic citizenship would teach students how to participate in political decision-making, and how to use public reasons when helping to decide fundamental political questions. Political liberalism also can accommodate diverse educational options for families, but this accommodation is limited by political liberalism’s concern for the future political autonomy of students. This concern distinguishes the political liberal account from the “convergence” account of public justification. Unlike political liberalism, the convergence account fails to respect adequately the future political autonomy of students.
Despite more than half a century of reform efforts, access to civil justice is still understood to be in a state of crisis. Part of the reason for this is because there is no consensus among the legal community on the meaning of justice in this context. This paper seeks to provide a much-needed theoretical underpinning to the access-to-civil-justice movement. It advances ‘justice as fairness,’ as articulated by the American philosopher John Rawls, in conjunction with Lesley Jacobs’ model of equal opportunities, as a suitable theory in which to frame the access-to-civil-justice movement. I explain why this framework is appropriate for pluralistic democracies like Canada and how it can be used to define measures of justice. This exercise is thus not simply a theoretical discussion, but rather is intended to be used as a practical framework to assess current and proposed policy initiatives.
The opening chapter revolves around the questions: What does liberalism purport to include within the defence of neutrality? What scope is available for conceptions of the good to meet, to mingle and to rival each other? In order to answer these questions, we need to understand what liberal democracy is about, what its ground rules are and how we can distinguish liberal democracies from illiberal societies. To address these important questions, the chapter avails itself of the Rawlsian justice as fairness theory which greatly influenced the liberal discourse during the past century. The Rawlsian theory of justice is supplemented with Kantian and Millian ethics. The chapter elucidates two important concepts without which it is impossible to imagine any liberal democracy: respect for others, inspired by Kantian and Rawlsian philosophies, and the Harm Principle derived from J. S. Mill’s ethics. It is the Harm Principle that guides us in prescribing boundaries to conduct. The necessity in introducing boundaries is further explained by the concept of the ‘democratic catch’.
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