An engaging account of the titan of political philosophy and the development of his most important work, A Theory of Justice, coming at a moment when its ideas are sorely needed.
It is hard to overestimate the influence of John Rawls on political philosophy and theory over the last half-century. His books have sold millions of copies worldwide, and he is one of the few philosophers whose work is known in the corridors of power as well as in the halls of academe. Rawls is most famous for the development of his view of “justice as fairness,” articulated most forcefully in his best-known work, A Theory of Justice. In it he develops a liberalism focused on improving the fate of the least advantaged, and attempts to demonstrate that, despite our differences, agreement on basic political institutions is both possible and achievable.
Critics have maintained that Rawls’s view is unrealistic and ultimately undemocratic. In this incisive new intellectual biography, Andrius Gališanka argues that in misunderstanding the origins and development of Rawls’s central argument, previous narratives fail to explain the novelty of his philosophical approach and so misunderstand the political vision he made prevalent. Gališanka draws on newly available archives of Rawls’s unpublished essays and personal papers to clarify the justifications Rawls offered for his assumption of basic moral agreement. Gališanka’s intellectual-historical approach reveals a philosopher struggling toward humbler claims than critics allege.
To engage with Rawls’s search for agreement is particularly valuable at this political juncture. By providing insight into the origins, aims, and arguments of A Theory of Justice, Gališanka’s John Rawls will allow us to consider the philosopher’s most important and influential work with fresh eyes.
“One of the most important contributions to the field of contract theory—if not the most important—in the past 25 years.” —Stephen A. Smith, McGill University
Can we account for contract law on a moral basis that is acceptable from the standpoint of liberal justice? To answer this question, Peter Benson develops a theory of contract that is completely independent of—and arguably superior to—long-dominant views, which take contract law to be justified on the basis of economics or promissory morality. Through a detailed analysis of contract principles and doctrines, Benson brings out the specific normative conception underpinning the whole of contract law. Contract, he argues, is best explained as a transfer of rights, which is complete at the moment of agreement and is governed by a definite conception of justice—justice in transactions.
Benson’s analysis provides what John Rawls called a public basis of justification, which is as essential to the liberal legitimacy of contract as to any other form of coercive law. The argument of Justice in Transactions is expressly complementary to Rawls’s, presenting an original justification designed specifically for transactions, as distinguished from the background institutions to which Rawls’s own theory applies. The result is a field-defining work offering a comprehensive theory of contract law. Benson shows that contract law is both justified in its own right and fully congruent with other domains—moral, economic, and political—of liberal society.
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