scholarly journals Posição original e equilíbrio reflexivo em John Rawls: o problema da justificação

2009 ◽  
Vol 32 (1) ◽  
pp. 139-157
Author(s):  
Denis Coitinho Silveira

O objetivo deste artigo é estabelecer algumas considerações sobre o papel dos procedimentos de posição original e equilíbrio reflexivo na teoria da justiça como equidade de John Rawls, nas obras A Theory of Justice, Political Liberalism e Justice as Fairness: A Restatement. Eu pretendo mostrar que Rawls faz uso de um modelo coerentista-pragmático de justificação dos princípios de justiça em um âmbito público, que é não-fundacionalista em razão da interconexão entre estes procedimentos.

Author(s):  
Denis Coitinho Silveira ◽  

The aim of this article is to characterize the John Rawls’s theory of justice as fairness developed in A Theory of Justice (1971), Political Liberalism (1993), Replay to Habermas (1995) and Justice as Fairness: A Restatement (2001), with a view to identifying the convergent points between deontological conception with teleological characteristics and identify a substantive conception of justice, not purely procedural, which is universalist albeit not transcendental, making possible an approach between communitarian and liberal ethical theories.


2011 ◽  
Vol 34 ◽  
pp. 11
Author(s):  
Denis Coitinho Silveira

A edição especial da Revista Dissertatio pretende refletir sobre a importância da filosofia moral e política de John Rawls no cenário filosófico atual no ano em que sua obra mais conhecida, A Theory of Justice (TJ), completa quarenta anos. Esta data comemorativa é apenas um pretexto para uma avaliação integral do projeto de Rawls, o que inclui obras posteriores, como, por exemplo, Political Liberalism (PL) e The Law of Peoples (LP). Os artigos aqui reunidos procuram tematizar tanto a estrutura quanto o conteúdo da teoria da justiça como equidade (justice as fairness), avaliando atentamente as suas virtudes e, também, as suas fraquezas


2021 ◽  
Vol 19 (3) ◽  
pp. 296-300
Author(s):  
M. Victoria Costa (William & Mary)

This article examines the many traces of John Rawls’ theory of justice in contemporary philosophy of education. Beyond work that directly explores the educational implications of justice as fairness and political liberalism, there are many interesting debates in philosophy of education that make use of Rawlsian concepts to defend views that go well beyond those advocated in justice as fairness. There have also been methodological debates on Rawls’ distinction between ideal and non-ideal theory which concern the proper balance between empirically informed discussion and fruitful normative reflection.


Legal Theory ◽  
1999 ◽  
Vol 5 (1) ◽  
pp. 45-73 ◽  
Author(s):  
Jody S. Kraus

Every theory of justice requires a first-order theory specifying principles of justice, and a second-order view explaining why those principles constitute the correct principles of justice. According to John Rawls, political liberalism is committed to the two principles of justice specified in its first-order theory, “justice as fairness.” Justice as fairness, according to Rawls, in turn presupposes the second-order view that justice is a political conception. A political conception of justice treats the principles derived from the fundamental ideas in the public political culture as the correct principles of justice. Political liberalism, however, nowhere offers a defense of the view that justice is a political conception. Indeed, it even strives to avoid the admission that it presupposes that justice is a political conception by stating only that it uses a political conception of justice, while allowing that justice might not actually be a political conception. As to the truth of its second-order presupposition, political liberalism chooses to remain agnostic. Rawls claims that political liberalism has no choice at all. To do otherwise, he argues, would lead to an internal contradiction.


1999 ◽  
Vol 29 (1) ◽  
pp. 75-107 ◽  
Author(s):  
Jon Mandle

The publication of Political Liberalismhas allowed John Rawls to bring to the fore issues that remained in the background of A Theory of Justice. His explicit attention to the concept of ‘the reasonable’ is a welcome development. In a more recent publication, he affirms the importance of this concept, ‘while [granting] that the idea of the reasonable needs a more thorough examination than Political Liberalism offers.’ In this paper, I will present a critical exposition of the senses of the reasonable on which justice as fairness relies. Rawls employs the term in four main contexts. I will outline these various senses and argue that in each case, a controversy in the secondary literature can be resolved by close attention to the concept of the reasonable. In three of these contexts, Rawls relies on what I will call a ‘strong’ sense of the reasonable, while in one he sometimes seems to rely on a ‘weak’ sense. I argue that justice as fairness is best served by relying on a strong sense throughout.


2011 ◽  
Vol 34 ◽  
pp. 161 ◽  
Author(s):  
Denis Coitinho Silveira

Meu principal objetivo neste artigo é analisar o problema da justificação moral para John Rawls a partir dos textos A Theory of Justice (TJ, IX, § 87), Political Liberalism (PL III, § 2), Justice as Fairness: A Restatement (JF I, § 9), The Law of Peoples (LoP I, § 1), “Outline of a Decision Procedure for Ethics” (ODPE), “The Independence of Moral Theory” (IMT), “Justice as Fairness: Political not Metaphysical” (JFPnM). Minha intenção é a de caracterizar a teoria da justiça como equidade como um sistema coerentista de justificação que conta com uma epistemologia coerentista holística, uma teoria do contrato social que introduz uma ontologia social e uma estratégia pragmatista na teoria contratualista. No escopo deste trabalho, analisarei as características da epistemologia coerentista holística pressuposta e de como ela resolve os problemas de regresso epistêmico, dogmatismo, dualismo, assimetria e circularidade.


Author(s):  
Reiko Gotoh

This chapter examines what has been left behind by political liberalism and the welfare state by connecting John Rawls' theory of justice with Amartya Sen's capability approach. It considers how Japan adopted a pacifist constitution after World War II and developed a system to secure basic wellbeing for all. That system, underpinned by individual rights, has sparked arguments regarding the relation between rights and public welfare, freedom and democracy. The constitutional idea of Japan's social security and welfare system embodies the concept of ‘liberal equality’, but also steps in the realm of ‘democratic equality’. The chapter also discusses the ideas of tolerance and non-discrimination in political liberalism as well as the concept of social cooperation. Finally, it reviews the core assumptions of Rawls' theory of justice, ‘justice as reciprocity’ and ‘justice as fairness’, and introduces two ways of restructuring the theory.


2020 ◽  
Vol 6 (2) ◽  
pp. 181-195

Fairness in income distribution is a factor that both motivates employees and contributes to maintaining social stability. In Vietnam, fair income distribution has been studied from various perspectives. In this article, through the analysis and synthesis of related documents and evidence, and from the perspective of economic philosophy, the author applies John Rawls’s Theory of Justice as Fairness to analyze some issues arising from the implementation of the state’s role in ensuring fair income distribution from 1986 to present. These are unifying the perception of fairness in income distribution; solving the relationship between economic efficiency and social equality; ensuring benefits for the least-privileged people in society; and controlling income. On that basis, the author makes some recommendations to enhance the state’s role in ensuring fair income distribution in Vietnam. Received 11thNovember 2019; Revised 10thApril 2020; Accepted 20th April 2020


1975 ◽  
Vol 69 (2) ◽  
pp. 607-614 ◽  
Author(s):  
Vernon Van Dyke

In A Theory of Justice, John Rawls assumes that the principles of justice are for individuals in a society, and in general he assumes that the society is an ethnically homogeneous state. He thus follows the tradition associated with the dominant form of the social contract theory, which focuses on the individual and the state. His assumptions neglect the fact that almost all states are ethnically plural or heterogeneous, and that many of them confer special status and rights on ethnic groups as collective entities; for example, many of them confer special status and rights on indigenous groups, on groups disadvantaged by prior discrimination, and on minorities and other groups conceded a right to survive as distinct cultural entities. Status and rights for groups necessarily mean differentiation among individuals depending on their membership; and this in turn means that a theory of justice that focuses on the individual and neglects the group both fails to account for existing practices and fails to give guidance where the practices are at issue.


Author(s):  
Fernando Aranda Fraga ◽  

In 1993 John Rawls published his main and longest work since 1971, where he had published his reknowned A Theory of Justice, book that made him famous as the greatest political philosopher of the century. We are referring to Political Liberalism, a summary of his writings of the 80’s and the first half of the 90’s, where he attempts to answer the critics of his intellectual partners, communitarian philosophers. One of the key topics in this book is the issue of “public reason”, whose object is nothing else than public good, and on which the principles and proceedings of justice are to be applied. The book was so important for the political philosophy of the time that in 1997 Rawls had to go through the 1993 edition, becoming this new one the last relevant writing published before the death of the Harvard philosopher in November 2002.


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