6 resultados para Rawls

em Deakin Research Online - Australia


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This article provides a critical review of Rawls' effort in Political Liberalism to construct apolitical theory of justice compatible with the fact of reasonable pluralism. Particular attention is given to the 'idea of public reason' and political liberalism's liberal neutrality. It is argued that because of its liberal neutrality, political liberalism would preclude people from endorsing at least some reasonable comprehensive views and, therefore, as a theory it lacks the necessary stability required to be as successful as Rawls claims.

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There are many different ways in which law and truth may be said to be related. It is perhaps in the criminal trial that connections between them are of most significance. An orthodox way of describing a criminal trial is that the criminal procedure is seeking to establish the truth concerning some past event, and that success of the procedure is measured by how close its outcome converges with that truth. Criminal justice presents the community with challenging dilemmas in this regard, such as those arising from the notion of double jeopardy. This paper discusses the Rawlsian notions of 'imperfect', 'perfect' and 'pure' procedural justice, and suggests against Rawls that it is pure procedural justice that best represents what we want from a criminal justice system. Good procedure makes good criminal law. A comparison is made with the writings of Habermas and Posner, and given that pure procedural justice eschews transcendental truths, some brief comments are made on the convergence of that position with the realm of the fictional.

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An application of the social theory of Axel Honneth to global justice, arguing that development goals must include provision for the intersubjective recognition required for identity formation. In the disciplines of Political Philosophy and International Relations cosmopolitanism is often defined as the view that all people, no matter their national, ethnic or religious backgrounds and no matter what their gender, have an equal moral status. The most telling enunciation of this view is the United Nations’ Universal Declaration of Human Rights. However, the focus that is given to rights and a global form of legal equality by this document and by such theorists as John Rawls is not rich enough to capture all of the ethical demands that global society places upon well-to-do Westerners and developed nations. This paper makes use of a thesis by Axel Honneth to the effect that political thinking needs “a basic conceptual shift to the normative premises of a theory of recognition that locates the core of all experiences of injustice in the withdrawal of social recognition, in the phenomena of humiliation and disrespect.” Honneth identifies three spheres of recognition in modern societies: love, law, and achievement. I offer some exposition of his theory and then argue that global justice must be understood to embrace the substantive ethical values that arise in these three spheres as well as the procedural standards of moral rightness that belongs to the second of them. Such an expanded conception of global justice will yield an enriched conception of cosmopolitanism.

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This is a review of Gillian Brock’s new book, Global justice: a cosmopolitan account (Oxford: Oxford University Press, 2009) which sets out the central theses of the book and then offers a critical appraisal of its central arguments. My specific concern is that Brock gives an insufficiently robust account of human rights with which to define the nature of global justice and thereby leaves cosmopolitanism too vulnerable to the normative pull of local and traditional moral conceptions that fall short of the universalism that cosmopolitans should be able to embrace.

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