Sandel's Critique of the Primacy of Justice: A Liberal Rejoinder

Liberal theorists have traditionally emphasized the importance of rights and just institutions. Recently liberalism and the liberal emphasis on rights have been criticized on the grounds that they are individualistic and overlook the importance of community and fraternity. In this Note I look at two particular arguments, made by the communitarian Michael Sandel, that have been levelled at the liberal emphasis on rights, namely, what I shall call the ‘circumstances of justice’ argument and the ‘crowding out’ argument.