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The Idea of Justice

The Idea of Justice

Preface
   What Kind of a Theory?
   Public Reasoning and Democracy and Global Justice
   The European Enlightenment and Our Global Heritage
   The Place of Reason


Acknowledgements


Introduction: An Approach to Justice
   Reasoning and Justice
   The Enlightenment and a Basic Divergence
   The Point of Departure
   Feasibility of a Unique Transcendental Agreement
   Three Children and a Flute: An Illustration
   A Comparative or a Transcendental Framework?
   Realizations, Lives and Capabilities
   A Classical Distinction in Indian Jurisprudence
   The Importance of Processes and Responsibilities
   Transcendental Institutionalism and Global Neglect


Part.I  The Demands of Justice
 1 Reason and Objectivity
   Critique of the Enlightenment Tradition
   Akbar and the Necessity of Reason
   Ethical Objectivity and Reasoned Scrutiny
   Adam Smith and the Impartial Spectator
   The Reach of Reason
   Reason, Sentiments and the Enlightenment


 2 Rawls and Beyond
   Justice as Fairness: the Rawlsian Approach
   From Fairness to Justice
   Application of Rawlsian Principles of Justice
   Some Positive Lessons from the Rawlsian Approach
   Problems that can be addressed Effectively
   Difficulties that need Fresh Investigation
   (1) The Inescapable Relevance of Actual Behaviour
   (2) Alternatives to the Contractarian Approach
   (3) The Relevance of Global Perspectives
   Justitia and Justitium


 3 Institutions and Persons
   The Contingent Nature of Institutional Choice
   Behavioural Restriction through Contractarian Reasoning
   Power and the Need for Countervailing
   Institutions as Foundations


 4 Voice and Social Choice
   Social Choice Theory as an Approach
   The Reach of Social Choice Theory
   The Distance between the Transcendental and the Comparative
   Is the Transcendental Approach Sufficient?
   Is the Transcendental Approach Necessary?
   Do Comparatives Identify Transcendence?
   Social Choice as a Framework for Reasoning
   (1) Focus on the Comparative, not just the Transcendental
   (2) Recognition of the Inescapable Plurality of Competing Principles
   (3) Allowing and Facilitating Re-examination
   (4) Permissibility of Partial Resolutions
   (5) Diversity of Interpretations and Inputs
   (6) Emphasis on Precise Articulation and Reasoning
   (7) Role of Public Reasoning in Social Choice
   Mutual Dependence of Institutional Reform and Behavioural Change


 5 Impartiality and Objectivity
   Impartiality, Understanding and Objectivity
   Entanglements, Language and Communication
   Public Reasoning and Objectivity
   Different Domains of Impartiality


 6 Closed and Open Impartiality
   The Original Position and the Limits of Contractarianism
   Citizens of a State and Others Beyond
   Smith and Rawls
   On Rawls's Interpretation of Smith
   Limitations of the‘Original Position’
   Exclusionary Neglect and Global Justice
   Inclusionary Incoherence and Focal Group Plasticity
   Closed Impartiality and Parochialism


Part.II  Forms of Reasoning
 7 Position, Relevance and Illusion
   Positionality of Observation and Knowledge
   The Illumination and Illusion of Positionality
   Objective Illusions and Positional Objectivity
   Health, Morbidity and Positional Variations
   Gender Discrimination and Positional Illusions
   Positionality and the Theory of Justice
   Overcoming Positional Limitations
   Who is Our Neighbour?


 8 Rationality and Other People
   Rational Decisions and Actual Choice
   Rational Choice versus So-called‘Rational Choice Theory’
   The Narrowing of Mainstream Economics
   Self-interest, Sympathy and Commitment
   Commitments and Goals


 9 Plurality of Impartial Reasons
   What Others cannot Reasonably Reject
   The Plurality of Non-rejectability
   The Mutual Benefits of Cooperation
   Contractarian Reasoning and its Reach
   Power and its Obligations


10 Realizations, Consequences and Agency
   Arjuna's Arguments
   Culmination and Comprehensive Outcomes
   Consequences and Realizations
   Realizations and Agencies


Part.III  The Materials of Justice
11 Lives, Freedoms and Capabilities
   Valuing Freedom
   Freedom: Opportunities and Processes
   The Capability Approach
   Why Go beyond Achievement to Opportunity?
   Fear of Non-commensurability
   Valuation and Public Reasoning
   Capabilities, Individuals and Communities
   Sustainable Development and the Environment


12 Capabilities and Resources
   Poverty as Capability Deprivation
   Disability, Resources and Capability
   Rawls's Use of Primary Goods
   Departures from Rawlsian Theory
   Dworkin's Equality of Resources


13 Happiness, Well-being and Capabilities
   Happiness, Capability and Obligations
   Economics and Happiness
   The Reach and Limits of Happiness
   The Evidential Interest of Happiness
   Utilitarianism and Welfare Economics
   Informational Limitations and Impossibilities
   Happiness, Well-being and Advantage
   Health: Perception and Measurement
   Well-being and Freedom


14 Equality and Liberty
   Equality, Impartiality and Substance
   Capability, Equality and Other Concerns
   Capability and Personal Liberties
   The Plural Features of Freedom
   Capability, Dependence and Interference
   The Impossibility of the Paretian Liberal
   Social Choice versus Game Forms


Part.IV  Public Reasoning and Democracy
15 Democracy as Public Reason
   The Content of Democracy
   The Limited Tradition of Democracy?
   The Global Origins of Democracy
   Is the Middle East an Exception?
   The Role of the Press and the Media


16 The Practice of Democracy
   Famine Prevention and Public Reasoning
   Democracy and Development
   Human Security and Political Power
   Democracy and Policy Choice
   Minority Rights and Inclusive Priorities


17 Human Rights and Global Imperatives
   What are Human Rights?
   Ethics and Law
   Beyond the Legislative Route
   Rights as Freedoms
   Opportunity and Process Aspects of Freedom
   Perfect and Imperfect Obligations
   Freedom and Interests
   The Plausibility of Economic and Social Rights
   Scrutiny, Viability and Use


18 Justice and the World
   Wrath and Reasoning
   Justice being seen to be done
   Plurality of Reasons
   Impartial Reasoning and Partial Orderings
   The Reach of Partial Resolutions
   A Comparative Framework
   Justice and Open Impartiality
   Non-parochialism as a Requirement of Justice
   Justice, Democracy and Global Reasoning
   Social Contract versus Social Choice
   Differences and Commonalities


Notes


Name Index

Subject Index