On Line Readings

Course outline

Grades

Essay requirements

Schedule: TUESDAY

Possible topics

 

 

 

 

 

 

 

 

 

 

 political science 410 & 514

 

Justice and Public Reason: The Liberalism of John Rawls

 

fall term, 2011-12
 
Tuesday evenings, 6-9 pm

 

email:  Don.Carmichael@ualberta.ca

 

 

 

 

 

Course Outline

 

John Rawls (1921-2002) is widely regarded as the most important liberal political philosopher since John Stuart Mill.  Rawls’ work is not easily summarized but it is conventionally described in terms of two topics – justice and the terms of public debate. In A Theory of Justice (1971)  Rawls outlined a conception of justice – deeply liberal and social democratic in character – based upon principles which, he held were virtually the only principles which  a rational person could hold.  This argument revolutionized political philosophy, at least throughout the English-speaking world, but it was and remains controversial. In dealing with these controversies Rawls was led over the next twenty-five years to reflect in quite original ways on the requirements of political justification.  One important result was a conception of ‘public reason’ which holds that fundamental political issues must be debated and decided in terms that all citizens could reasonably accept, whatever their (and our) actual views. This and other reflections appeared as  Political Liberalism.

 

It should be noted that the term ‘liberalism’ here has a specific meaning: a commitment to respecting the freedom and equality of others.  Attention to Rawls’ “liberalism” therefore simply means attention to views of justice and public justification which take seriously the freedom and equality of all citizens. 

 

Students in this seminar will be invited to develop their own views of justice and public justification through critical reflection on Rawls’ arguments.  Students will not be asked to agree with Rawls’ views, nor even to agree with Rawls’ commitment to citizen freedom and equality. Agreement – or disagreement – on these points is in itself of absolutely no interest.  The aim instead is to understand Rawls critically as a means to developing one’s own views with greater clarity and depth.

 

There seminar will proceed in two stages.  Part 2 will focus on issues of public reason and policy justification, through a careful reading of some of the essays in Rawls’ Political Liberalism . Part 1 of the seminar will provide a basis for the work of Part 2, by inviting students to identify and reflect upon their own views of justice in relation to Rawls’ A Theory of Justice.  If there are students – undergraduate or graduate -- who already have the background covered in Part 1, then they should take the advanced seminar on Political Liberalism on Friday afternoons (2-5 pm)

 

 

Pre-requisite:  Political Science 210 or equivalent  

  

 

Readings and Texts

 

On-line articles will be used extensively in addition these texts:

 

Pol S 410/514  course reader  (course pack)

Rawls, Political Liberalism

Sandel: Justice: What’s the Right Thing to Do?

 

These have all been ordered through the SUB bookstore.  But students can probably get the Rawls and Sandel  texts more cheaply through Chapters and Amazon.

 

 

Requirements

 

All participants (including any auditors) will be expected to contribute to the seminar discussions and to prepare for these discussions by careful reading of the assigned material.   

 

Students taking the course for credit will be asked to do (i) three essays, (ii) an oral commentary on the work of another student in the seminar, and (iii) digests of selected readings each week.

 

The essays should be “positional”, as described below.  Two of these papers (6-7 pp) will due during the term; one of these papers will be discussed in the seminar.  Students will be invited to develop their own topics and interests through these papers.  A third and somewhat longer (7-10 pp) paper will be due at the end of the term; this paper will be asked to assess Rawls on some specific issue in comparison to one of the great theorists of the tradition.

 

In the oral commentary, one student opens the discussion of another student’s seminar paper with a brief (5 minute) statement of possible lines of criticism and discussion. 

 

In the oral commentary, each student will  be asked to open the discussion of a student seminar paper with a brief (5 minute) statement of  possible lines of criticism and discussion. 

 

A “digest” is a brief statement (1-1.5 pp) of the core position in a reading (the main point and the main steps in its argument).  Students will be asked to do one of these each week on assigned readings – with two weeks off of their on choosing.

 

Grades

 

             Essays: (3 @ equal weight)       70%          

             Commentary*                           10%          

             contributions to the seminar      10%          

 

*  Seminar contributions will be evaluated by the quality of oral contributions, including questions.  One can contribute effectively to the quality of a seminar without speaking much, or even at all.  Students who are uncomfortable speaking in public are invited to discuss alternative forms of  contribution  with me.

 

 

Essay Requirements

 

All essays should be terse, analytical, and "positional" -- arguing a definite thesis in relation to some aspect of the readings. Students are encouraged to develop their own views in these essays -- eg, by contesting a specific claim made by the author, or by arguing a rival thesis on the topic, or (in certain cases) by writing a critical response to a fellow student in the seminar. The only requirement is that the essay argue a specific and explicitly stated thesis ("In this essay I will argue that... ").

 

NB: This is a specific style of essay writing. Students who are unfamiliar with this style are asked to consult with me for direction before writing their first paper.

 

 

Essay Deadlines

 

As noted, three papers are required:

(1)   the first, on any topic covered in Part 1, will be due  on or before Thursday, Oct; 20th;. 

(2)   a second paper, on any topic in Part 2, will be due on  Thursday, Nov 24th

(3)   the third paper will be due on Thursday, December 15th 

 

There is an additional deadline.  As noted, one paper (either the first or the second) by each student will be discussed in the seminar: this paper must be emailed to everyone in the seminar by midnight on the Sunday before the Tuesday class in which it will be discussed.  The paper may be revised for grading after that date if the student wishes. 

 


Course Objectives

 

Apparently course outlines are required to include an explicit statement of the course objective(s).  I’d have thought this was obvious, but in case it isn’t, the objective of this course is to help each student to develop a clear, critical understanding of her/his own position on justice and public justification, using Rawls’ work.  That’s my objective in teaching the course; and I hope through doing this to develop such an understanding for myself.  As to the objectives of any students taking the course, well that’s for them to decide for themselves. But I hope their objectives are, as mine, to develop such an understanding as well as they can. 

          

 

 

Topics and Readings  (Tuesday Seminar)

 

All readings are required unless indicated as ‘recommended’. Readings refer to the course texts (Sandel, Justice  and Rawls, Political Liberalism), to articles in the course pack (indicated as “course pack”) and to other articles (indicated as “web”) which are available on line through the university library and may also be found through the “on line readings” link on the course web page.  A rough guide to length is indicated beside each article.

 

Part 1 – Justice

 

Essential background reading: In the first two weeks, students are asked to read ch 2 of Kloppenberg, Reading Obama  (“From Universalism to Particularism”).  If you want to break it up, you might read pp 85-106 and then pp 106-49

 

 

Sept 13      Introduction

 

 

Sept 20      Traditional Liberalism (1)  Liberty

  7                       Mill, selections from On Liberty   (web)

  6                       Plato, “The Democratic Character”, 557b-562a  (web)

26                               8                       Berlin, “Two Concepts of Liberty”  (course pack)

26                       Skinner, “The Paradoxes of Political Liberty”   (web)   

20                       Kloppenberg, Reading Obama, pp  85-106   (web)

  7                       Illustration: Decisions of the Supreme Court in Sharpe  (web)

74                                seminar paper: Aaron Aitken               commentary:    Patricia Payne

                                    digest: Skinner

 

 

Sept 27      Traditional Liberalism (2)  Distributive Justice – Utilitarianism

  5                       Mill, selections from Utilitarianism, ch 2  (web)

27                       Sandel, ch 2 

  7                       Plato, selections from Gorgias, 481b-495a  (web)

43                       Kloppenberg, Reading Obama, pp 106-49  (web)   

  8                       illustration: Decisions of the Supreme Court in Rodriguez v BC (euthanasia) (web)

90                                digest:  Mill, Sandel, Plato                   

                                    seminar paper: Michael Doyle             commentary:   Aaron Aitken

 

 

Oct 4         Libertarianism; Market Distributions

40                       Sandel, chs 3-4                    

14                       Nozick, “Distributive Justice”  (course pack)

12                       Gottlieb,  “The Tasks of Embodied Love”  (web)

66                                digest: Nozick, Gottlieb

                                    seminar paper: Trenton Broens            commentary: Philip Stachnik

 

 

Oct 11       Rawls, A Theory of Justice (1):  the principles

28                       pp 1-28 (stop here) of Freeman, “John Rawls – An Overview” in The Cambridge Companion to Rawls   (web)

  8                       Rawls, selections from A Theory of Justice (sections 1-4, 11)  (course pack)

20                       Audard,  John Rawls, pp 89-109 (sections 3-4 in ch 2)  (web)

22                       Barry, “Education” (ch 5 in Why Social Justice Matters).  Skip ch 4   (course pack)

78                                digest: Rawls, Barry

                                    seminar paper: Philip Stachnik             commentary: Neekoo Collett

 

 

Oct 18       Rawls, A Theory of Justice (2):  the argument

  8                       Rawls, “The Reasoning:” (A Theory of Justice section 26)  (course pack)

26                       Audard,  John Rawls, pp 133- 59 (sections 2-4 in ch 3  (web)

25                       Sandel, ch 6

59                                digest: Rawls, Sandel

                                    seminar paper: Arun Bhaumik             commentary: Trenton Broens,

 

 

ESSAY # 1 Due:  Thurs, Oct 20th

 

                                

Part 2 – Problems of Rights and Community   (the course was revised from here)

 

Oct 25       (unchanged)   Rawls, A Theory of Justice (3): community and goodness vs justice

28                       Mulhall and Swift, “Rawls and Communitarianism”, Cambridge Companion, 460-87 (web)

  8                       Sandel, “The Procedural Republic and the Unencumbered Self” (course pack)

23                       Nagel, “Rawls and Liberalism”, Cambridge Companion, 62-85 (web)

59                                Digest: Mulhall-Swift, Sandel, Nagel

                                    seminar papers: Neekoo Collett & Jenna Killam

                                    commentary: Arun Bhaumik & Allison Querengesser

 

 

Nov 1        Rights (1): Positive and Negative Rights, Rawls vs Nozick

                  This will include a general discussion and two applications:

(i)     a lecture on the analysis of rights (the different types and components) of rights,

(ii)    negative and positive rights with special reference to the obligations of ‘Good Samaritans’ as raised by the recent case in China)

(iii)   assessment  of Nozick’s entitlement theory and Rawls’ statement of the difference

  8                            review: Decisions of the Supreme Court in Rodriguez v BC (euthanasia) (web)

14                            review: Nozick, “Distributive Justice” (course pack)

13                            Jones, Forms of Right  (distributed)

14                            Rawls, “The Basic Structure as Subject” (1977), sections 2-3 and 5-7

                                http://www.bbc.co.uk/news/world-asia-pacific-15331773

                                Recommended: Sandel, ch 5

49                            seminar paper:  Michael Sydora               commentary: Michael Doyle

                                Digest: either (i) digest the Rawls essay or (ii) write one page on (a) how Rawls tries to answer Nozick, briefly indicating (b) whether Rawls is successful.

 

 

Nov 8        Rights (2): Human Rights – problems, application, justification

                  Further attention to the nature and justification of rights, with application to issues of  human rights using Pocklington’s “Against Inflating Human Rights.

20                         Beitz, “What Human Rights Mean” (2003) (web)

  6                         Nussbaum, “Patriotism and Cosmopolitanism”  (distributed)

10                         Pocklington, “Against Inflating Human Rights” (web)*

36                         Digest: Beitz,  Nusssbaum, Pocklington

                                    seminar papers: Justin Selner  &  Patricia Payne                                 

                                    commentary:     Jenna Killam  &  Michael Sydora

 

 

Nov 15      Public Reason (1) - Rawls’ Later Work

                  In this first (of two) sessions on Rawls’ later work, the focus will be on understanding Rawls’ ‘public reason’ and his reasons for it.

  8                            Freeman, “Public Reason”, pp 37-44 in Cambridge Companion (web)

15                            Rawls, “Public Reason Revisited”, 765-80  [ just the intro and sections 1-2]  (web)

26                            Sandel,  pp 208-34 in ch 9  (the rest will be done next week)

49                            Digest: Rawls

                                    seminar paper: Ryder Prat                    commentary: Michael Mendoza

 

 

Nov 22      Public Reason (2) – Applications,  Multiculturalism

                  This session will continue the analysis of  public reason” with particular attention to the priority of what has been called “the priority of the right over the good” and with application to examples such as multiculturalism..

12                            Larmore, “Public Reason”, Cambridge Companion, pp 380-91 (web)

13                            Rawls, “Public Reason Revisited”, 794-807  [sections 6-7]  (web)

14                            Taylor, “The Politics of Recognition” (course pack)

  9                            Sandel,  pp 234-43  in ch 9

48                            Digest: Rawls, Taylor

                                Recommended: Rawls, “Justice as Fairness: Political not Metaphysical” 

                                    seminar paper: Dongwoo Kim             commentary: Justin Selner

 

 

ESSAY # 2   Due: Wed, Nov 23rd  (note the change)

 

 

Nov 29      Taylor and Liberal Individualism (1): The Self as Individual

The seminar will conclude by considering two issues (both raised by Charles Taylor) in relation to Rawls and liberal justice.  The topic this week is  (i) the political implications of different ways of understanding the self (eg as atomistic individual [Nozick]) or instead as community member [Sandel]).  Next week the topic will be  (ii) whether  the good (individual or community) should be subordinated to justice.    

12                       Taylor, Sources of the Self,  section 2.3 (“ The Self in Moral Space”   (web)

25                       Hampshire, “Justice is Conflict”  (web)

11                         Sandel,  pp 184-95  in ch 8                        

48                         Digest: Taylor

                                seminar paper: Allison Querengesser       commentary: Ryder Prat

 

 

Dec 6         Conclusion: Taylor and Liberal Individualism (2):  Just State v Good Community

As noted for last week, the seminar will conclude by considering the idea of a ‘good community’ and whether it might be more important than justice.

15                       Taylor, Sources of the Self,  section 3.3  (“ Ethics of Inarticulacy”)   (web)

25                       Sandel, ch 10

40                       Digest: Taylor

                                seminar paper:  Michael Mendoza                        commentary: Dongwoo Kim

 

 

ESSAY # 3  Due: Wed, Dec 14th  (note the change)

 

                               

 

Possible topics (essay one)  ….

 

1.      Take any (one)  criticism of Rawls, and assess it. 

 

2.      Is the liberty to consume pornography a liberty worth protecting?  (substitute different examples)

 

3.      In Rodriguez, the Supreme Court held that a person’s right to control the terms of their own life (specifically, the right to assistance in ending one’s life) can be limited to protect others from possible abuse.  This would appear to be a utilitarian case (limiting individual rights for the sake of the good of others).  Defend or oppose this utilitarianism. (we didn’t discuss the case, but it was on the reading for Sept 27)

 

4.      What’s wrong with Nozick?

 

5.      With reference to any of the general perspectives identified thus far, show how that perspective gives the best answer to one of the following:

(a)                Ms. Higgins’ dilemma

(b)               The Rodriguez issue

(c)                The child pornography issue (under the conditions stipulated in Sharpe)

(d)               The financing (ie the tuition cost + scholarship/bursary support) of higher education.