•  235
    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…Read more
  •  222
    The law of peoples, social cooperation, human rights, and distributive justice
    Social Philosophy and Policy 23 (1): 29-68. 2006.
    Cosmopolitans argue that the account of human rights and distributive justice in John Rawls's The Law of Peoples is incompatible with his argument for liberal justice. Rawls should extend his account of liberal basic liberties and the guarantees of distributive justice to apply to the world at large. This essay defends Rawls's grounding of political justice in social cooperation. The Law of Peoples is drawn up to provide principles of foreign policy for liberal peoples. Human rights are among th…Read more
  •  220
    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 …Read more
  •  203
    The burdens of public justification: Constructivism, contractualism, and publicity
    Politics, Philosophy and Economics 6 (1): 5-43. 2007.
    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 assumptio…Read more
  •  173
    G- A. Cohen's Critique of Rawls's Difference Principle
    The Harvard Review of Philosophy 19 23-45. 2013.
  •  140
  •  121
    Reason and agreement in social contract views
    Philosophy and Public Affairs 19 (2): 122-157. 1990.
  •  95
    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, ...
  •  90
    Deliberative Democracy: A Sympathetic Comment
    Philosophy and Public Affairs 29 (4): 371-418. 2000.
  •  89
    Capitalism in the classical and high liberal traditions
    Social Philosophy and Policy 28 (2): 19-55. 2011.
    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 b…Read more
  •  84
    Contractualism, moral motivation, and practical reason
    Journal of Philosophy 88 (6): 281-303. 1991.
    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 rea…Read more
  •  81
    Original meaning, democratic interpretation, and the constitution
    Philosophy and Public Affairs 21 (1): 3-42. 1992.
  •  43
    Sunstein on the constitution (review)
    Law and Philosophy 15 (4): 437-445. 1996.
  •  40
    The Cambridge Companion to Rawls (edited book)
    Cambridge University Press. 2002.
    Each volume of this series of companions to major philosophers contains specially commissioned essays by an international team of scholars and will serve as a reference work for students and nonspecialists. John Rawls is the most significant and influential philosopher and moral philosopher of the twentieth century. His work has profoundly shaped contemporary discussions of social, political and economic justice in philosophy, law, political science, economics and other social disciplines. In th…Read more
  •  37
    Culture and Equality
    Journal of Philosophy 99 (11): 600-606. 2002.
  •  32
    Constructivism, Facts, and Moral Justification
    In Thomas Christiano & John Philip Christman (eds.), Contemporary Debates in Political Philosophy, Wiley-blackwell. pp. 17--41. 2009.
  •  30
    Book Review:Against Liberalism. John Kekes (review)
    Ethics 108 (3): 602-. 1998.
  •  18
    Book review (review)
    Law and Philosophy 10 (3): 329-347. 1991.
  •  15
    7 Congruence and the Good of Justice
    In Samuel Richard Freeman (ed.), The Cambridge Companion to Rawls, Cambridge University Press. pp. 277. 2003.
  •  10
    Review: Sunstein on the Constitution (review)
    Law and Philosophy 15 (4). 1996.
  •  5
    Contractualism, Moral Motivation, and Practical Reason
    Journal of Philosophy 88 (6): 281-303. 1991.
  •  5
    Property-Owning Democracy and the Difference
    Analyse & Kritik 35 (1). 2013.