If You’re a Classical Liberal, How Come You’re Also an Egalitarian?


Book Description

Classical liberalism has wrongly been regarded as an ideology that rejects the welfare state. In this book, Åsbjørn Melkevik corrects this common reading of the classical liberal tradition by introducing a theory of “rule egalitarianism”. Not only is classical liberalism compatible with social justice, but it can also help us understand why some egalitarian endeavours are an essential feature of a market society. If a necessary link exists between the classical liberal tradition and the moral and institutional dimensions of the rule of law, then this tradition is bound to uphold a substantial form of social justice. Coherence requires that classical liberals like Friedrich Hayek and Milton Friedman adopt an authentic egalitarian program. They should ameliorate poverty and limit inequality not merely out of prudence or collective self-interest, but for the natural justice of ongoing social cooperation as well as for the impartiality of market institutions.







Inheritance and the Right to Bequeath


Book Description

In every Western democracy today, inheritances have a very profound influence on people’s lives. This motivates renewed scholarship on inheritance law by philosophy and the legal sciences. The present volume aims to contribute to some ongoing areas of inquiry while also filling some gaps in research. It is organized in a highly interdisciplinary way. In the thirteen chapters of the book, written by outstanding philosophers and legal scholars, the following questions, among others, are discussed: What is the nature of the right to bequeath? What are the social functions of bequest and inheritance? What arguments concerning justice have philosophers and legal scholars advanced in favour or against practices of bequest and inheritance? How should we think about taxing the wealth transfers that occur in bequest and inheritance? In discussing these questions, the authors break new ground and offer much needed insight into several related domains, such as the philosophy of law; legal theory; general and applied ethics; social and political philosophy; theories of justice; and the history of legal, political, and economic thought. This book will be of great interest to scholars in these areas as well as policy-makers.




If You're an Egalitarian, How Come You’re So Rich?


Book Description

This book presents G. A. Cohen's Gifford Lectures, delivered at the University of Edinburgh in 1996. Focusing on Marxism and Rawlsian liberalism, Cohen draws a connection between these thought systems and the choices that shape a person's life. In the case of Marxism, the relevant life is his own: a communist upbringing in the 1940s in Montreal, which induced a belief in a strongly socialist egalitarian doctrine. The narrative of Cohen's reckoning with that inheritance develops through a series of sophisticated engagements with the central questions of social and political philosophy. In the case of Rawlsian doctrine, Cohen looks to people's lives in general. He argues that egalitarian justice is not only, as Rawlsian liberalism teaches, a matter of rules that define the structure of society, but also a matter of personal attitude and choice. Personal attitude and choice are, moreover, the stuff of which social structure itself is made. Those truths have not informed political philosophy as much as they should, and Cohen's focus on them brings political philosophy closer to moral philosophy, and to the Judeo-Christian ethical tradition, than it has recently been.




ABA Journal


Book Description

The ABA Journal serves the legal profession. Qualified recipients are lawyers and judges, law students, law librarians and associate members of the American Bar Association.




Rights, Equality, and Liberty


Book Description

What are moral rights? What role do they play in liberalism? Which rights do we have? Does the language of rights impose formal constraints? Which rights and duties does equality force us to acknowledge? Are rights universal or culture-bound? How should global institutions promote human rights? These are the central questions discussed in this volume. All the contributors are leading figures in moral, legal, or political philosophy, and their papers are published here for the first time. The reader will therefore find in this volume a unique opportunity to acquire a direct acquaintance with some of the most recent developments in the above fields. Although the general tone of the contributions is polemical and rigorous, most of the material will be useful to the specialized reader as well as to the university student.




Civil Society and Government


Book Description

Publisher Description




The Eclipse of Equality


Book Description

Red state vs. blue state. Republican vs. Democrat. Fox News vs. The Daily Show. The so-called culture wars have become such a fixture of American politics that dividing the country into rival camps seems natural and political gridlock seems inevitable. Entering the fray, Solon Simmons offers an intriguing twist on the debate: Our disagreements come not from unbridgeable divides, but from differing interpretations of a single underlying American tradition—liberalism. Both champions of traditional liberal values, Republicans have become the party of individual freedom while Democrats wear the mantle of tolerance. Lost in this battle of sides is the third pillar of liberalism—equality. Simmons charts the course of American politics through the episodes of Meet the Press. On the air since 1945, Meet the Press provides an unparalleled record of living conversation about the most pressing issues of the day. In weekly discussions, the people who directly influenced policy and held the reins of power in Washington set the political agenda for the country. Listening to what these people had to say—and importantly how they said it—Meet the Press opens a window on how our political parties have become so divided and how notions of equality were lost in the process. Telling the story of the American Century, Simmons investigates four themes that have defined politics and, in turn, debate on Meet the Press—war and foreign affairs, debt and taxation, race struggles, and class and labor relations—and demonstrates how political leaders have transformed these important political issues into symbolic pawns as each party advocates for their own understanding of liberty, whether freedom or tolerance. Ultimately, with The Eclipse of Equality, he looks to bring back to the debate the question lurking in the shadows—how can we ensure the protection of a peaceful civil society and equality for all?




Political Liberalism


Book Description

This book continues and revises the ideas of justice as fairness that John Rawls presented in A Theory of Justice but changes its philosophical interpretation in a fundamental way. That previous work assumed what Rawls calls a "well-ordered society," one that is stable and relatively homogenous in its basic moral beliefs and in which there is broad agreement about what constitutes the good life. Yet in modern democratic society a plurality of incompatible and irreconcilable doctrines—religious, philosophical, and moral—coexist within the framework of democratic institutions. Recognizing this as a permanent condition of democracy, Rawls asks how a stable and just society of free and equal citizens can live in concord when divided by reasonable but incompatible doctrines? This edition includes the essay "The Idea of Public Reason Revisited," which outlines Rawls' plans to revise Political Liberalism, which were cut short by his death. "An extraordinary well-reasoned commentary on A Theory of Justice...a decisive turn towards political philosophy." —Times Literary Supplement




Legal Rights


Book Description

How can there be rights in law? We learn from moral philosophy that rights protect persons in a special way because they have peremptory force. But how can this aspect of practical reason be captured by the law? For many leading legal philosophers the legal order is constructed on the foundations of factual sources and with materials provided by technical argument. For this 'legal positivist' school of jurisprudence, the law endorses rights by some official act suitably communicated. But how can any such legal enactment recreate the proper force of rights? Rights take their meaning and importance from moral reflection, which only expresses itself in practical reasoning. This puzzle about rights invites a reconsideration of the nature and methods of legal doctrine and of jurisprudence itself. Legal Rights argues that the theory of law and legal concepts is a project of moral and political philosophy, the best account of which is to be found in the social contract tradition. It outlines an argument according to which legal rights can be justified before equal citizens under the constraints of public reason. The place of rights in law is explained by the unique position of law as an essential component of the civil condition and a necessary condition for freedom.