Justice and Judgement : The Rise and the Prospect of the Judgement Model in Contemporary Political Philosophy

by Alessandro Ferrara

• ISBN13: 9780803978201
• ISBN10: 0803978200
• Format: Hardcover
• Copyright: 1999-09-13
• Publisher: Sage Publications Ltd

Summary

Justice and Judgement is a comprehensive introduction to theories of judgement in contemporary political and moral philosophy. The book offers a critical examination of judgement in the recent works of Rawls, Habermas, Ackerman, Michelman and Dworkin, including an historical overview of the judgement model in contemporary political philosophy; the function of the constitution; and deliberative democracy. The book concludes with a discussion of universalism and contemporary liberalism and the judgement view of justice.

Table of Contents

Preface	ix
Introduction	1	(12)
Part I The Rise of the Judgment Model in Contemporary Political Philosophy	13	(138)
A Reasonable View of the Reasonable	13	(24)
Rawls's Conception of Justice as Fairness in its Development	13	(16)
The Overlapping Consensus and the Tension between Two Models of Normative Validity	29	(8)
Democracy, Justice and Discourse	37	(32)
Morality and Discourse	38	(8)
Habermas's Discourse Theory of Law	46	(9)
Politics, Discourse and Deliberative Democracy	55	(11)
Concluding Remarks	66	(3)
An (Almost) Aesthetic Model of Normative Validity	69	(18)
Principles and Rules	69	(5)
Interpretation and Integrity: Making the Most of the Constitution	74	(5)
Integrity as Making the Most of One's Life	79	(8)
From Fictive Dialogue to Situated Judgment	87	(46)
The Model of Constrained Dialogue	87	(12)
Towards a Model of Normative Validity as Situated Judgment	99	(11)
The Space of Judgment	110	(23)
The Judgment View of Higher Lawmaking	133	(18)
Michelman's Conception of Deliberative Democracy	133	(8)
The Inner Logic of the Judgment View of Higher Lawmaking	141	(10)
Part II Completing the Turn: the Prospect for the Judgment Model	151	(80)
Traces of Modern Universalism in Contemporary Liberalism	151	(27)
The Cumulativity of the Political	151	(5)
The Ambiguity of Habermas's Notion of Generalizability	156	(8)
The Tension within Dworkin's View of Normative Validity	164	(6)
Beyond Constitutional Majoritarianism	170	(4)
Michelman's Problem of Infinite Regress: a Residue of Externalism?	174	(4)
The Judgment View of Justice	178	(24)
Rethinking the Problem of Justice: Two Formulations	178	(2)
The Context of Justice: the Received Liberal Conception	180	(2)
An Alternative View of the Context of Justice	182	(6)
The Problem of the Source of Cogency	188	(3)
The Ordering Function	191	(3)
Moral and Political, Elementary and Fully Fledged Conceptions of Justice	194	(3)
The Aesthetic Analogy Taken Seriously	197	(5)
Impartiality without Principles and the Ideal of Equal Respect	202	(29)
Justice and Equal Respect	202	(11)
The Right and the Good Revisited	213	(8)
Radically Reflexive Self-Grounding	221	(10)
Notes	231	(8)
References	239	(10)
Index	249