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Chong-Ming Lim. An Incomplete Inclusion of Non-cooperators into a Rawlsian Theory of Justice
2016, Res Philosophica 93(4), 893-920
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Added by: Björn Freter
Abstract: John Rawls’s use of the “fully cooperating assumption” has been criticized for hindering attempts to address the needs of disabled individuals, or non-cooperators. In response, philosophers sympathetic to Rawls’s project have extended his theory. I assess one such extension by Cynthia Stark, that proposes dropping Rawls’s assumption in the constitutional stage (of his four-stage sequence), and address the needs of non-cooperators via the social minimum. I defend Stark’s proposal against criticisms by Sophia Wong, Christie Hartley, and Elizabeth Edenberg and Marilyn Friedman. Nevertheless, I argue that Stark’s proposal is crucially incomplete. Her formulation of the social minimum lacks accompanying criteria with which the adequacy of the provisions for non-cooperators may be assessed. Despite initial appearances, Stark’s proposal does not fully address the needs of non-cooperators. I conclude by considering two payoffs of identifying this lack of criteria.
Comment: Requires knowledge of Rawls' theory of justice and criticisms made against it by philosophers of disability. Best accompanied by essays by the latter.
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Chong-Ming Lim, Michael C. Dunn, Jacqueline J. Chin. Clarifying the best interests standard: the elaborative and enumerative strategies in public policy-making
2016, Journal of Medical Ethics 42(8), 1-8
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Added by: Björn Freter
Abstract: One recurring criticism of the best interests standard concerns its vagueness, and thus the inadequate guidance it offers to care providers. The lack of an agreed definition of ‘best interests’, together with the fact that several suggested considerations adopted in legislation or professional guidelines for doctors do not obviously apply across different groups of persons, result in decisions being made in murky waters. In response, bioethicists have attempted to specify the best interests standard, to reduce the indeterminacy surrounding medical decisions. In this paper, we discuss the bioethicists’ response in relation to the state's possible role in clarifying the best interests standard. We identify and characterise two clarificatory strategies employed by bioethicists —elaborative and enumerative—and argue that the state should adopt the latter. Beyond the practical difficulties of the former strategy, a state adoption of it would inevitably be prejudicial in a pluralistic society. Given the gravity of best interests decisions, and the delicate task of respecting citizens with different understandings of best interests, only the enumerative strategy is viable. We argue that this does not commit the state to silence in providing guidance to and supporting healthcare providers, nor does it facilitate the abuse of the vulnerable. Finally, we address two methodological worries about adopting this approach at the state level. The adoption of the enumerative strategy is not defeatist in attitude, nor does it eventually collapse into (a form of) the elaborative strategy.
Comment: Requires basic knowledge of the 'best interests standard', and very basic knowledge of the central claims of political liberalism. Best discussed alongside other standards of decision making for those who cannot decide for themselves.
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Gutmann, Amy. Civic Education and Social Diversity
1995, Ethics 105 (3):557-579
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Added by: Deryn Mair Thomas
Abstract:

How can civic education in a liberal democracy give social diversity its due? Two complementary concerns have informed a lot of liberal thinking on this subject. Liberals like John Stuart Mill worry that "the plea of liberty" by parents not block "the fulfillment by the State of its duties" to children. They also worry that civic education not be conceived or conducted in such a way as to stifle "diversity in opinions and modes of conduct."' Some prominent contemporary theorists add a new and interesting twist to these common--concerns. They criticize liberals like Mill and Kant for contributing to one of the central problems, the stifling of social diversity, that they are trying to resolve. The comprehensive liberal aim of educating children not only for citizenship but also for individuality or autonomy, these political liberals argue, does not leave enough room for social diversity. Would a civic educational program consistent with political liberalism accommodate significantly more social diversity than one guided by comprehensive liberalism?
Political liberals claim that it would, and some recommend political liberalism to us largely on this basis. This article shows that political liberalism need not, and often does not, accommodate more social diversity through its civic educational program than comprehensive liberalism.

Comment: This article examines the relationship between political and comprehensive liberalism with an eye towards evaluating whether the former encourages a greater degree of social diversity when it comes to models of civic education. Utimately, Gutmann argues that the difference between political and comprehensive liberalism is exaggerated: what matters more, in determining which approaches to civic education facilitate greater degrees of social and individual diversity, is 'a substantive understanding of what good citizenship entails' and what the aims of civic education are. In it's method, this paper is located at the intersection of political philosophy and political theory. For this reason, it might be useful in an intermediate undergraduate or master's level political philosophy course with significant crossover in the political theory / political science discipline. Gutmann focuses heavily on the work of historic and contemporary liberals, including Mill, Rawls, Raz, Galston, and Macedo, so the article may be useful as further reading in courses which examine these authors approaches to civic education, or contemporary approaches to civic education in general.
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Jaggar, Alison. Reasoning About Well-Being: Nussbaum’s Methods of Justifying the Capabilities.
2006, Journal of Political Philosophy 14(3): 301-322.
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Added by: Carl Fox
Content: Discusses Nussbaum's methodology and the question of whether she covertly relies on assumptions about her own moral authority.
Comment: Most useful as further reading on political liberalism or the capability approach.
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Kelly, Erin, McPherson, Lionel. On tolerating the unreasonable
2001, Journal of Political Philosophy 9(1): 38–55.
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Added by: Simon Fokt
Diversifying Syllabi: Justice requires us to acknowledge the claims of morally or philosophically unreasonable persons, as long as they are politically reasonable; such people must be tolerated and considered part of the social contract. Toleration as wide public justification is the proper response to the pluralism characteristic of modern democratic societies.
Comment: This text is useful as a commentary or response to the debate about (un)reasonableness and legitimacy sparked by Rawls. More specifically, it offers a distinction between political and philosophical reasonableness, which the authors use to argue against interpreting or developing Rawls's political liberalism in a less tolerant direction. The section on Barbara Herman's 'Pluralism and the Community of Moral Judgment' helpfully distils a major faultline within liberal political philosophy.
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Williams, Melissa. Citizenship as Identity, Citizenship as Shared Fate, and the Functions of Multicultural Education
2003, In Kevin McDonough & Walter Feinberg (eds.), Citizenship and Education in Liberal-Democratic Societies: Teaching for Cosmopolitan Values and Collective Identities. Oxford University Press.
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Added by: Deryn Mair Thomas
Abstract:

This is the second of the four essays in Part II of the book on liberalism and traditionalist education; all four are by authors who would like to find ways for the liberal state to honour the self-definitions of traditional cultures and to find ways of avoiding a confrontation with differences. Melissa Williams examines citizenship as identity in relation to the project of nation-building, the shifting boundaries of citizenship in relation to globalization, citizenship as shared fate, and the role of multicultural education within the view of citizenship-as-shared-fate. She argues the other side of the same coin to that presented by Shelley Burtt in the previous chapter: according to Williams, the liberal state often demands too much in the way of loyalty from traditional groups, and when it does, it runs a strong risk of becoming oppressive and illiberal. Moreover, she holds that there is no need for a single shared identity among citizens of the liberal state. Her conception of people tied together by a shared fate is to this extent compatible with Burtt’s attempt to make liberalism’s commitment to autonomy more hospitable to groups of individuals encumbered by unchosen attachments, but her notion of citizenship as shared fate also goes further than that, and possibly stands in some tension with, Burtt’s view, since it allows and even encourages people to develop primary affiliation to all kind of groups – traditional as well as global.

Comment: This text explores existing conceptions of citizenship as identity and the challenges these pose for the ideal liberal state. In addition, the author proposes a previous unrecognised conception of citizenship as shared fate. In doing so, the paper touches on a variety of topics in contemporary political philosophy and theory, such as multiculturalism and globalization, the boundaries of political identity, the grounding of liberal democracy, and the project of civic education. As such, it would be most useful as a supplemental reading in undergraduate level political philosophy courses discussing any of the aforementioned topics, or in more specific contexts to explore questions about citizenship and what it means to share an idenitity with a group of others, with whom we may never meet face-to-face or have direct interpersonal dealings. The article itself has interesting implications for questions of social cohesion and group identity.
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