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.

A discussion of T M Scanlon's contractualism as a foundational account of the nature of morality. The article discusses how contractualism provides an account of moral truth and objectivity that is based in an idealization of moral reasoning. It then develops contractualism's account of moral motivation to show how it provides a way to understand obscure but central aspects of Kantian views: the claims that moral reasons are of a special kind, and that moral motives have a basis in practical reason. This account is contrasted with human conceptions of moral motivation, which are argued to be incapable of accounting for the stringency of moral reasons and obligations

It has long been argued that the institution of judicial review is incompatible with democratic institutions. This criticism usually relies on a procedural conception of democracy, according to which democracy is essentially a form of government defined by equal political rights and majority rule. I argue that if we see democracy not just as a form of government, but more basically as a form of sovereignty, then there is a way to conceive of judicial review as a legitimate democratic institution. The conception of democracy that stems from the social contract tradition of Locke, Rousseau, Kant and Rawls, is based in an ideal of the equality, independence, and original political jurisdiction of all citizens. Certain equal basic rights, in addition to equal political rights, are a part of democratic sovereignty. In exercising their constituent power at the level of constitutional choice, free and equal persons could choose judicial review as one of the constitutional mechanisms for protecting their equal basic rights. As such, judicial review can be seen as a kind of shared precommitment by sovereign citizens to maintaining their equal status in the exercise of their political rights in ordinary legislative procedures. I discuss the conditions under which judicial review is appropriate in a constitutional democracy. This argument is contrasted with Hamilton's traditional argument for judicial review, based in separation of powers and the nature of judicial authority. I conclude with some remarks on the consequences for constitutional interpretation.

In this superb introduction, Samuel Freeman introduces and assesses the main topics of Rawls' philosophy. Starting with a brief biography and charting the influences on Rawls' early thinking, he goes on to discuss the heart of Rawls's philosophy: his principles of justice and their practical application to society. Subsequent chapters discuss Rawls's theories of liberty, political and economic justice, democratic institutions, goodness as rationality, moral psychology, political liberalism, and international justice and a concluding chapter considers Rawls' legacy. Clearly setting out the ideas in Rawls' masterwork, _A Theory of Justice_, Samuel Freeman also considers Rawls' other key works, including _Political Liberalism_ and _The Law of Peoples_. An invaluable introduction to this deeply influential philosopher, _Rawls_ is essential reading for anyone coming to his work for the first time.