Okin, Susan Moller. Justice, gender, and the family
2008, New York: Basic Books.
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Added by: Simon FoktPublisher’s Note:
Publisher: In the first feminist critique of modern political theory, Okin shows how the failure to apply theories of justice to the family not only undermines our most cherished democratic values but has led to a major crisis over gender-related issues.Nussbaum, Martha. Frontiers of Justice: Disability, Nationality, Species Membership2006, Cambridge, MA: Harvard University Press.-
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Added by: Simon FoktPublisher’s Note:
Publisher: Theories of social justice are necessarily abstract, reaching beyond the particular and the immediate to the general and the timeless. Yet such theories, addressing the world and its problems, must respond to the real and changing dilemmas of the day. A brilliant work of practical philosophy, Frontiers of Justice is dedicated to this proposition. Taking up three urgent problems of social justice neglected by current theories and thus harder to tackle in practical terms and everyday life, Martha Nussbaum seeks a theory of social justice that can guide us to a richer, more responsive approach to social cooperation. The idea of the social contract--especially as developed in the work of John Rawls--is one of the most powerful approaches to social justice in the Western tradition. But as Nussbaum demonstrates, even Rawls's theory, suggesting a contract for mutual advantage among approximate equals, cannot address questions of social justice posed by unequal parties. How, for instance, can we extend the equal rights of citizenship--education, health care, political rights and liberties--to those with physical and mental disabilities? How can we extend justice and dignified life conditions to all citizens of the world? And how, finally, can we bring our treatment of nonhuman animals into our notions of social justice? Exploring the limitations of the social contract in these three areas, Nussbaum devises an alternative theory based on the idea of capabilities. She helps us to think more clearly about the purposes of political cooperation and the nature of political principles--and to look to a future of greater justice for all.Comment: This excellent book is valuable in teaching for two main reasons: (1) it extends and expands on the application of the capability approach to non-human animals, the disabled and the global poor; and (2) it offers a valuable critique of Rawls' theory of justice.
Hsieh, Nien-he. The Obligations of Transnational Corporations: Rawlsian Justice and the Duty of Assistance2004, Business ethics quarterly, 14 (4), pp. 643-661.-
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Added by: Simon Fokt
Abstract: Building on John Rawls’s account of the Law of Peoples, this paper examines the grounds and scope of the obligations of transnational corporations that are owned by members of developed economies and operate in developing economies. The paper advances two broad claims. First, the paper argues that there are conditions under which TNCs have obligations to fulfill a limited duty of assistance toward those living in developing economies, even though the duty is normally understood to fall on the governments of developed economies. Second, by extending Rawls’s account to include a right to protection against arbitrary interference, the paper argues that TNCs can be said to have negative and positive obligations in the areas of human rights, labor standards, and environmental protection, as outlined in the U.N. Global Compact. More generally, the paper aims to further our understanding of the implications of Rawls’s account of justice.Comment: This paper is particularly useful in teaching on international business ethics and as further reading on Rawls. It also offers interesting insights into wider issues related to duty of assistance and moral relativism.
Stark, Cynthia A.. How to Include the Severly Disabled in a Contractarian Theory of Justice2007, Journal of Political Philosophy 15 (2): 127-145.-
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Added by: Carl Fox
Content: Modifies and then defends a Rawlsian theory of justice from the charge that it cannot adequately account for the claims of severely disabled individuals who cannot participate fully in schemes of cooperation.Comment: Best suited as specialised or further reading on disability and Rawlsian theories of justice.
Brake, Elizabeth. Rawls and Feminism: What Should Feminists Make of Liberal Neutrality?2004, Journal of Moral Philosophy 1 (3):293-309.-
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Added by: Carl Fox
Abstract: I argue that Rawls’s liberalism is compatible with feminist goals. I focus primarily on the issue of liberal neutrality, a topic suggested by the work of Catharine MacKinnon. I discuss two kinds of neutrality: neutrality at the level of justifying liberalism itself, and state neutrality in political decision-making. Both kinds are contentious within liberal theory. Rawls’s argument for justice as fairness has been criticized for non-neutrality at the justificatory level, a problem noted by Rawls himself in Political Liberalism. I will defend a qualified account of neutrality at the justificatory level, taking an epistemic approach to argue for the exclusion of certain doctrines from the justificatory process. I then argue that the justification process I describe offers a justificatory stance supportive of the feminist rejection of state-sponsored gender hierarchy. Further, I argue that liberal neutrality at the level of political decision-making will have surprising implications for gender equality. Once the extent of the state’s involvement in the apparently private spheres of family and civil society is recognized, and the disproportionate influence of a sexist conception of the good on those structures—and concomitant promotion of that ideal—is seen, state neutrality implies substantive change. While—as Susan Moller Okin avowed—Rawls himself may have remained ambiguous on how to address gender inequality, his theory implies that the state must seek to create substantive, not merely formal, equality. I suggest that those substantive changes will not conflict with liberal neutrality but instead be required by it.Comment: A sympathetic treatment of Rawls's Political Liberalism from a feminist perspective. It introduces the alleged clash between liberalism and feminism in a clear way and goes on to argue that (political) liberalism's commitment to substantive rather than merely formal equality makes it compatible with core feminist concerns.
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Comment: This book offers a feminist discussion of various theories of justice, arguing that they should include a more comprehensive account on issues related to the formation and functioning of families. In teaching, it is particularly useful as a critique of Rawls' theory.