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Academic
: Legal Theory BlogArvan on a Nonideal Theory of justice
By Lawrence Solum
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Marcus Arvan has posted Foundations of a Nonideal Theory of Justice on the Internet. Here is the abstract:
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This paper systematically extends John Rawls? original position to nonideal theory, showing how it is both reasonable and rational for the parties to a nonideal-theoretic stage of the original position to prioritize a class of ?nonideal-theoretic primary goods? over the satisfaction of Rawls? principles and priority relations (contrary to Rawlsian orthodoxy). I show that there are at least three nonideal-theoretic primary goods, and that the parties to the original position have sufficient reason to agree to certain priority relations among them. Next, I show that the parties rationally ought to agree to a general principle for distributing these goods, and by extension, to three lexically ordered corollary principles for distributing each of the three specific goods discussed. Finally, I argue that these principles fare well in reflective equilibrium.
Full post as published by Legal Theory Blog on October 13, 2010 (boomark / email).
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