front cover of John Rawls
John Rawls
The Path to a Theory of Justice
Andrius Gališanka
Harvard University Press, 2019

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 Gališanka draws on newly available archives of Rawls’s unpublished essays and personal papers to clarify the justifications Rawls offered for his assumption of basic moral agreement.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.

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Joking Asides
The Theory, Analysis, and Aesthetics of Humor
Elliott Oring
Utah State University Press, 2016
Nothing in the understanding of humor is as simple as it might seem. In Joking Asides, Elliott Oring confronts the problems of humor, analyzing the key contemporary approaches to its study and addressing controversial topics with new empirical data and insights.
 
A folklorist drawn to the study of humor, Oring developed his formulation of “appropriate incongruity” as a frame to understand what jokes must do to produce humor. He tests appropriate incongruity against other major positions in the field, including the general theory of verbal humor, conceptual integration theory, benign violation theory, and false-belief theory. Oring draws on the work of scholars from several disciplines—anthropology, folklore, philosophy, psychology, linguistics, and literature—to ask basic questions about the construction and evolution of jokes, untangle the matter of who the actual targets of a joke might be, and characterize the artistic qualities of jokes and joke performances.
 
Although Oring guides the reader through a forest of jokes and joke genres, this is not a joke book. A major work from a major scholar, Joking Asides is a rigorous exploration of theoretical approaches to jokes and their functions and is filled with disquieting questions, penetrating criticisms, and original observations. Written in a clear and accessible style, this book will prove valuable to any scholar or student who takes matters of jokes and joking seriously.
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Justice in Transactions
A Theory of Contract Law
Peter Benson
Harvard University Press, 2019

“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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Justice Is an Option
A Democratic Theory of Finance for the Twenty-First Century
Robert Meister
University of Chicago Press, 2021
More than ten years after the worst crisis since the Great Depression, the financial sector is thriving. But something is deeply wrong. Taxpayers bore the burden of bailing out “too big to fail” banks, but got nothing in return. Inequality has soared, and a populist backlash against elites has shaken the foundations of our political order. Meanwhile, financial capitalism seems more entrenched than ever. What is the left to do?

Justice Is an Option uses those problems—and the framework of finance that created them—to reimagine historical justice. Robert Meister returns to the spirit of Marx to diagnose our current age of finance. Instead of closing our eyes to the political and economic realities of our era, we need to grapple with them head-on. Meister does just that, asking whether the very tools of finance that have created our vastly unequal world could instead be made to serve justice and equality. Meister here formulates nothing less than a democratic financial theory for the twenty-first century—one that is equally conversant in political philosophy, Marxism, and contemporary politics. Justice Is an Option is a radical, invigorating first page of a new—and sorely needed—leftist playbook.
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