Illiberal Justice John Rawls vs the American Political Tradition Volume 1 1st edition by David Lewis Schaefer ISBN 0826216846 978-0826216847

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Product details: 

ISBN 10: 0826216846

ISBN 13: 978-0826216847

Author: David Lewis Schaefer

Often considered the greatest American political philosopher of the twentieth century, and the most important liberal theorist since John Stuart Mill, John Rawls enjoys a practically sacrosanct status among scholars of political theory, law, and ethics. In Illiberal Justice, David Schaefer offers the most thorough challenge to Rawls’s doctrine yet published, demonstrating how his teachings deviate from the core tradition of constitutional liberalism as exemplified by leading American statesmen from the founders through Lincoln and beyond.

Illiberal Justice is the first comprehensive overview of all of Rawls’s writings, emphasizing the continuity in his thought and intention to a greater extent than other scholars have done. Schaefer offers a fundamental critique of both Rawls’s conception of political philosophy and the policy judgments he derives from his “principles of justice.” Schaefer argues that Rawls’s failure to ground his teaching about justice in a serious analysis of human nature or an empirical grasp of political life is symptomatic of a larger crisis within contemporary liberal political and jurisprudential theorizing.

Although Rawls is commonly viewed as a welfare-state liberal, Schaefer stresses that his writings actually embody a radical transformation of liberalism in the direction of libertarianism that deviates sharply from the American liberal tradition. Citing empirical evidence of the persistence of political and economic opportunity in America, Schaefer challenges Rawls’s allegations that our polity suffers from grave injustices. He points out the strikingly apocalyptic tone of Rawls’s last writings, in which Rawls even questions whether human existence is worthwhile if his principles are not actualized.

Illiberal Justice is not only a critique of Rawls’s political program and philosophic methodology, it is also a defense of the American constitutional order against Rawls’s dogmatic theorizing, which Schaefer argues has exercised an increasing, and detrimental, effect on our jurisprudence. By combining a thorough critical exegesis of Rawls’s texts with a broad engagement with the tradition of political philosophy and American political thought, Schaefer makes an important contribution to both our understanding of Rawls and the enterprise of political philosophy.

Table of contents: 

• Introduction

  • The Tension Between John Rawls and the American Political Tradition
  • Overview of Rawls’s Theory of Justice
  • The Relevance of Illiberal Justice to Contemporary Debates

• Part 1: John Rawls and the Theory of Justice

  • Chapter 1: The Structure of Rawls’s Justice as Fairness
    • The Original Position and the Veil of Ignorance
    • The Two Principles of Justice
  • Chapter 2: Rawls’s Conception of the Good
    • The Priority of the Right over the Good
    • The Role of the Liberal State in Defining Justice
  • Chapter 3: The Difference Principle and Redistribution
    • Inequality and Fairness: Rawls’s Justification for Economic Redistribution
    • The Limits of Redistribution in a Liberal Society

• Part 2: The American Political Tradition

  • Chapter 4: The Roots of American Political Thought
    • Natural Rights and Classical Liberalism in America
    • The Constitution as a Reflection of American Founding Principles
  • Chapter 5: Republicanism and the American Political Order
    • Civic Virtue and the Role of the Republic
    • The Founders’ Understanding of Justice and the Common Good
  • Chapter 6: American Exceptionalism and Liberalism
    • The Uniqueness of the American Political Experiment
    • American Liberalism vs. Rawlsian Liberalism

• Part 3: The Conflict Between Rawlsian and American Political Principles

  • Chapter 7: Rawls and the American Founding
    • Rawls’s Liberalism and the Philosophical Disagreements with the Founders
    • Liberty and Democracy in the Context of the American Revolution
  • Chapter 8: Justice and the Role of the State
    • The Tension Between Rawls’s Vision of Justice and the American Constitution
    • How the American Tradition Emphasizes Limited Government and Civic Responsibility
  • Chapter 9: Justice and Rights: A Clash of Philosophies
    • The American Tradition’s Focus on Inalienable Rights vs. Rawls’s Emphasis on Distributive Justice

• Part 4: The Illiberal Consequences of Rawls’s Theory

  • Chapter 10: Rawls and the Expansion of State Power
    • The Role of Government in Rawls’s Theory of Justice
    • Potential Dangers of Overbearing State Intervention in Economic and Moral Life
  • Chapter 11: Illiberalism and the Erosion of Liberty
    • How Rawls’s Vision Conflicts with American Ideals of Individual Liberty
    • The Concept of Justice in a Free Society vs. the Rawlsian Model

• Part 5: Contemporary Critiques and Challenges

  • Chapter 12: The Liberal Tradition in America Today
    • The Influence of Rawls on Modern Liberalism
    • Rawlsian Justice vs. Modern American Political Philosophy
  • Chapter 13: Alternative Visions of Justice
    • Communitarian and Conservative Critiques of Rawls
    • Proposals for a More Compatible Political Philosophy with American Traditions

• Conclusion

  • The Future of Rawlsian Justice in American Political Life
  • A Call for Reconciliation or Rejection of Rawlsian Ideas
  • Reflection on the Enduring Debate Between Liberalism and American Political Philosophy

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