Samuel Freeman

For close to forty years now T.M. Scanlon has been one of the most important contributors to moral and political philosophy in the Anglo-American world. Through both his writing and his teaching, he has played a central role in shaping the questions with which research in moral and political philosophy now grapples. Reasons and Recognition brings together fourteen new papers on an array of topics from the many areas to which Scanlon has made path-breaking contributions, each of which develops a distinctive and independent position while critically engaging with central themes from Scanlon's own work in the area. Contributors include well-known senior figures in moral and political philosophy as well as important younger scholars whose work is just beginning to gain wider recognition. Taken together, these papers make evident the scope and lasting interest of Scanlon's contributions to moral and political philosophy while contributing to a deeper understanding of the issues addressed in his work.

John Rawls's focus on principles of justice for the basic structure of primary social institutions evolved from his early discussion of practices, social rules and Humean conventions, and his apparent commitment to a version of rule‐utilitarianism. Rawls says that there are two sources for the primacy assigned to the basic structure: the profound effects of basic social institutions on persons and their future prospects, and the need to maintain background justice. The chapter discusses three different kinds of reasons for the primacy of principles for the basic structure: social nature of human relationships, ideals of persons and society, distributive justice and the importance of background justice. It concludes with a discussion of some prominent objections: monism vs dualism; capitalism, incentives and the institutional division of labor; the principles of justice are neither consequentialist nor prioritarian; social justice vs cosmopolitan justice.

Samuel Freeman was a student of the influential philosopher John Rawls, he has edited numerous books dedicated to Rawls' work and is arguably Rawls' foremost interpreter. This volume collects new and previously published articles by Freeman on Rawls. Among other things, Freeman places Rawls within historical context in the social contract tradition, and thoughtfully addresses criticisms of this position. Not only is Freeman a leading authority on Rawls, but he is an excellent thinker in his own right, and these articles will be useful to a wide range of scholars interested in Rawls and the expanse of his influence.

The publicity of a moral conception is a central idea in Kantian and contractarian moral theory. Publicity carries the idea of general acceptability of principles through to social relations. Without publicity of its moral principles, the intuitive attractiveness of the contractarian ideal seems diminished. For it means that moral principles cannot serve as principles of practical reasoning and justification among free and equal persons. This article discusses the role of the publicity assumption in Rawls’s and Scanlon’s contractualism. I contend that a regard for publicity and a moral conception’s potential to provide a public basis for justification and agreement account for much of the evolution of Rawls’s account of justice after A Theory of Justice . I also discuss whether contractualism can provide a basis for justification and general agreement under the social conditions that it endorses. I contend that it cannot, and conclude with a discussion showing why this should not be a problem for contractualism. Despite appearances, contractualism is a distinctive form of contractarianism, substantially different from Rawls’s position and the social contract tradition out of which it evolved. Key Words: contractarianism • contractualism • John Rawls • public justification • T.M. Scanlon • justice.

Liberalism generally holds that legitimate political power is limited and is to be impartially exercised, only for the public good. Liberals accordingly assign political priority to maintaining certain basic liberties and equality of opportunities; they advocate an essential role for markets in economic activity, and they recognize government's crucial role in correcting market breakdowns and providing public goods. Classical liberalism and what I call “the high liberal tradition” are two main branches of liberalism. Classical liberalism evolved from the works of Adam Smith and the classical utilitarian economists; its major 20th century representatives include Friedrich Hayek and Milton Friedman. The high liberal tradition developed from John Stuart Mill's works, and its major philosophical representatives in the 20th century are John Dewey and, later, John Rawls. This paper discusses the main distinguishing features of the classical and the high liberal traditions and their respective positions regarding capitalism as an economic and social system. Classical liberals, unlike high liberals, regard economic liberties and rights of private property in productive resources to be nearly as important as basic liberties. They conceive of equality of opportunity in more formal terms, and regard capitalist markets and the price system as essential not only to the allocation of production resources, but also as the fundamental criterion for the just distribution of income, wealth, and economic powers. High liberals, by contrast, regard the economic liberties as subordinate to the exercise of personal and civic liberties. They are prepared to regulate and restrict economic liberties to achieve greater equality of opportunities, reduce inequalities of economic powers, and promote a broader conception of the public good. And while high liberals endorse markets and the price system as essential to allocation of productive resources, they do not regard markets as the fundamental criterion for assessing just distributions of income, wealth, and economic powers and positions of responsibility. The paper concludes with some reflections upon the essential role that dissimilar conceptions of persons and society play in grounding the different positions on economic justice that classical and high liberals advocate.