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| professeurs = [[Matteo Gianni]]<ref>[https://unige.ch/sciences-societe/speri/membres/matteo-gianni/ Page personnelle de Matteo Gianni sur le site de l'Université de Genève]</ref><ref>Concordia University, Faculty of Arts and Science - Department of Political Science. “Dr. Matteo Gianni.” Dr. Matteo Gianni, https://www.concordia.ca/artsci/polisci/wssr/all-guest-lecturers/matteogianni.html</ref><ref>Profil de Matteo Gianni sur ResearchGate: https://www.researchgate.net/scientific-contributions/2010087511_Matteo_Gianni</ref><ref>Profil Linkedin de Matteo Gianni - https://www.linkedin.com/in/matteo-gianni-2438b135/?originalSubdomain=ch</ref><ref>[https://scholar.google.com/citations?user=QP7aLBAAAAAJ&hl=fr Matteo Gianni - Citations Google Scholar]</ref><ref>“Matteo Gianni - Auteur - Ressources De La Bibliothèque Nationale De France.” Data.bnf.fr, https://data.bnf.fr/fr/16166342/matteo_gianni/.</ref><ref>“Matteo Gianni: Università Degli Studi Di Udine / University of Udine.” Academia.edu, https://uniud.academia.edu/MatteoGianni.</ref>
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*[[What is political theory? Epistemological implications]]
*[[What is political theory? Meta-ethical issues]]
*[[The egalitarian theory of distributive justice by John Rawls]]
*[[The theory of rights by Robert Nozick]]
*[[The theory of resources equality by Ronald Dworkin]]
*[[The theory of capabilities of Amartya Sen and Marta Nussbaum]]
*[[The communitarian perspective]]
*[[The multiculturalist perspective]]
}}
{{Translations
{{Translations
| fr = La théorie égalitariste de la justice distributive de John Rawls
| fr = La théorie égalitariste de la justice distributive de John Rawls
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What characterizes the fact of pluralism, what is the problem inherent in the fact of pluralism? It is composed of all-encompassing or comprehensive doctrine. They are doctrines of a religious, philosophical or moral nature that apply to all subjects and include all values. They are all-encompassing because they give us a very broad cosmology of who we are, what we are here to do and why we should do it. It is all-encompassing because it attempts to give an understanding that is intended to give meaning to practically all practices and moments of life.<ref>Kilan, Banu. "[https://poj.peeters-leuven.be/content.php?id=2036277&url=article.php J. Rawls's idea of an'overlapping consensus' and the complexity of 'comprehensive doctrines']." Ethical Perspectives 16.1 (2009): 21.</ref>
What characterizes the fact of pluralism, what is the problem inherent in the fact of pluralism? It is composed of all-encompassing or comprehensive doctrine. They are doctrines of a religious, philosophical or moral nature that apply to all subjects and include all values. They are all-encompassing because they give us a very broad cosmology of who we are, what we are here to do and why we should do it. It is all-encompassing because it attempts to give an understanding that is intended to give meaning to practically all practices and moments of life.<ref>Kilan, Banu. "[https://poj.peeters-leuven.be/content.php?id=2036277&url=article.php J. Rawls's idea of an'overlapping consensus' and the complexity of 'comprehensive doctrines']." Ethical Perspectives 16.1 (2009): 21.</ref>


It's not just religious doctrines. For some, the French secularist position that comes from the republican model is similar to an all-encompassing doctrine, which is a conception of "battle" secularism that goes beyond the posture of neutrality with regard to confessions, but is centred on a conception of reason as well as freedom. For some, it is a kind of secular religion. Thus, it is just as comprehensive as a religious belief, namely a civil religion, could be. This is an extremely restrictive conception of autonomy in the Kantian sense. It is through the exercise of one's autonomy that one becomes visible, i.e. one must develop to autonomy in order to acquire full freedom.<ref>Dombrowski, Daniel A. [https://books.google.fr/books?hl=en&lr=&id=GV3wFARB0FYC&oi=fnd&pg=PR7&dq=rawls+religion&ots=SHjky-cyCW&sig=HsKZcHhGYk5ziMAUcxyzIyvcV84#v=onepage&q=rawls%20religion&f=false Rawls and religion: The case for political liberalism]. Suny Press, 2014. Suny Press, 2014.</ref><ref>Bailey, Tom, and Valentina Gentile, eds. [https://books.google.fr/books?hl=en&lr=&id=DVaNBQAAQBAJ&oi=fnd&pg=PR5&dq=rawls+religion&ots=Ia9021saVA&sig=Ia_YmE_wFFe79hOPC1m8TNmcyqY#v=onepage&q=rawls%20religion&f=false Rawls and Religion]. Columbia University Press, 2014.</ref><ref>Sterba, James P. "[https://books.google.fr/books?hl=en&lr=&id=Se48Lgc7yh4C&oi=fnd&pg=PA34&dq=rawls+religion&ots=FAfOyW1fKj&sig=ji5NgkX6Awb6RrX1-hz_2HIjp2Q#v=onepage&q=rawls%20religion&f=false Rawls and religion]." The Idea of Political Liberalism: Essays on Rawls (2000).</ref>
It's not just religious doctrines. For some, the French secularist position that comes from the republican model is similar to an all-encompassing doctrine, which is a conception of "battle" secularism that goes beyond the posture of neutrality with regard to confessions, but is centred on a conception of reason as well as freedom. For some, it is a kind of secular religion. Thus, it is just as comprehensive as a religious belief, namely a civil religion, could be. This is an extremely restrictive conception of autonomy in the Kantian sense. It is through the exercise of one's autonomy that one becomes visible, i. e. one must develop to autonomy in order to acquire full freedom.<ref>Dombrowski, Daniel A. [Dombrowski, Daniel A. Rawls and religion: The case for political liberalism. Suny Press, 2014. https://books.google.fr/books?hl=en&lr=&id=GV3wFARB0FYC&oi=fnd&pg=PR7&dq=rawls+religion&ots=SHjky-cyCW&sig=HsKZcHhGYk5ziMAUcxyzIyvcV84#v=onepage&q=rawls%20religion&f=false]. Suny Press, 2014.</ref><ref>Bailey, Tom, and Valentina Gentile, eds. [https://books.google.fr/books?hl=en&lr=&id=DVaNBQAAQBAJ&oi=fnd&pg=PR5&dq=rawls+religion&ots=Ia9021saVA&sig=Ia_YmE_wFFe79hOPC1m8TNmcyqY#v=onepage&q=rawls%20religion&f=false Rawls and Religion]. Columbia University Press, 2014.</ref><ref>Sterba, James P. "[https://books.google.fr/books?hl=en&lr=&id=Se48Lgc7yh4C&oi=fnd&pg=PA34&dq=rawls+religion&ots=FAfOyW1fKj&sig=ji5NgkX6Awb6RrX1-hz_2HIjp2Q#v=onepage&q=rawls%20religion&f=false Rawls and religion]." The Idea of Political Liberalism: Essays on Rawls (2000).</ref>


For Rawls, all conceptions of the atheist and religious enter into all-encompassing conceptions, and none is capable of defining principles of justice that might be acceptable to individuals who come from other philosophical traditions. We must disconnect the principles of justice, make them political in another dimension which is not the ethical dimension, which is not the dimension of good, and try to see to what extent these principles could be acceptable to all individuals regardless of the encompassing philosophical conception that guides their lives.
For Rawls, all conceptions of the atheist and religious enter into all-encompassing conceptions, and none is capable of defining principles of justice that might be acceptable to individuals who come from other philosophical traditions. We must disconnect the principles of justice, make them political in another dimension which is not the ethical dimension, which is not the dimension of good, and try to see to what extent these principles could be acceptable to all individuals regardless of the encompassing philosophical conception that guides their lives.


== Concept III – The basic structure ==
==Concept III – The basic structure==
 
It must be kept in mind that what Rawls believes political justice is about is the basic structure. It does not propose a moral theory aimed at managing our lives, managing our conception of the good, telling us what is good and what is not good:"the basic structure of society is the way in which the main political and social institutions of society fit together in a single system of social cooperation, assigning to them fundamental rights and duties and structuring the distribution of the benefits that result from social cooperation over time". He is looking for principles to govern our cooperation somewhere. It is the basis of justice, ethics is the basis of good and it does not interest him. Rawls just wants a position on justice. Society "shall be regarded as an equitable system of cooperation for the mutual benefit of free and equal citizens".
It must be kept in mind that what Rawls believes political justice is about is the basic structure.<ref>Rawls, J. (1978). The Basic Structure as Subject. In Values and Morals (pp. 47–71). Springer Netherlands. https://doi.org/10.1007/978-94-015-7634-5_4 </ref> It does not propose a moral theory aimed at managing our lives, managing our conception of the good, telling us what is good and what is not good:"the basic structure of society is the way in which the main political and social institutions of society fit together in a single system of social cooperation, assigning to them fundamental rights and duties and structuring the distribution of the benefits that result from social cooperation over time". He is looking for principles to govern our cooperation somewhere. It is the basis of justice, ethics is the basis of good and it does not interest him. Rawls just wants a position on justice. Society "shall be regarded as an equitable system of cooperation for the mutual benefit of free and equal citizens".


A whole bunch of people coming from a particular inclusive conception of the property would not necessarily agree with this definition of society. For some, society would simply be the emanation of God's will or for some, society would be just the relationship of the strongest or society would be something based on individual merit and the most deserving would be at the top and the least deserving would be at the bottom. It is possible to imagine a whole host of rather normative definitions of society. Thus, it is clear that Rawls proposes a definition of society that is compatible with his conception of the basic structure and obviously that is compatible with his general framework of justice as equity. A society cannot be fair to be stable.
A whole bunch of people coming from a particular inclusive conception of the property would not necessarily agree with this definition of society. For some, society would simply be the emanation of God's will or for some, society would be just the relationship of the strongest or society would be something based on individual merit and the most deserving would be at the top and the least deserving would be at the bottom. It is possible to imagine a whole host of rather normative definitions of society. Thus, it is clear that Rawls proposes a definition of society that is compatible with his conception of the basic structure and obviously that is compatible with his general framework of justice as equity. A society cannot be fair to be stable.


== Concept IV – Stability and its (pre)conditions ==
==Concept IV – Stability and its (pre)conditions==
 
What makes management or the relationship between different groups that embody concepts of the encompassing good, somewhere, what is done to ensure that cooperation between these groups is equitable enough to ensure that society is stable is not marred by wars of religion as with Locke? From the Theory of Justice came out in 1993, in full swing of multiculturalism criticism which criticized a whole lot of things concerning the power of majorities which criticized a whole lot of concepts like the nation or the people who were part of our general categories to think politics, but was also the moment when we started to ask questions with the wars in former Yugoslavia, with ethnic conflicts on the right and on the left or the question of "Theory of Justice".  
What makes management or the relationship between different groups that embody concepts of the encompassing good, somewhere, what is done to ensure that cooperation between these groups is equitable enough to ensure that society is stable is not marred by wars of religion as with Locke? From the Theory of Justice came out in 1993, in full swing of multiculturalism criticism which criticized a whole lot of things concerning the power of majorities which criticized a whole lot of concepts like the nation or the people who were part of our general categories to think politics, but was also the moment when we started to ask questions with the wars in former Yugoslavia, with ethnic conflicts on the right and on the left or the question of "Theory of Justice".  


Somewhere, Rawls' position is part of this broader reflection on how we can imagine stable and peaceful societies, despite the fact that pluralism gives us all the ingredients to explode. Stability is something Rawls has in mind. This stability also has preconditions because this stability also implies that individuals must have a position on the forms of behaviour that are compatible with the principles of political justice. Rawls proposes a theory of citizenship, a theory of the basic civil virtues that an individual must have in order for his or her actions to be compatible with the righteous and thus finalized, or to be able to defend and align with this conception of justice.
Somewhere, Rawls' position is part of this broader reflection on how we can imagine stable and peaceful societies, despite the fact that pluralism gives us all the ingredients to explode. Stability is something Rawls has in mind. This stability also has preconditions because this stability also implies that individuals must have a position on the forms of behaviour that are compatible with the principles of political justice. Rawls proposes a theory of citizenship, a theory of the basic civil virtues that an individual must have in order for his or her actions to be compatible with the righteous and thus finalized, or to be able to defend and align with this conception of justice.


According to Bertrand Guillarme in ''Rawls et le libéralisme politique'' published in 1996, "a liberal conception can only be stable if every citizen of a well-ordered society freely accepts it. Its support for the principles of justice, which is a prerequisite for the stability of the conception, must therefore be seen as a moral motivation. This individual then acts according to (and not only in conformity with) the sense of justice defined by this conception".<ref>Guillarme, B. (1996). Rawls et le libéralisme politique. Revue française de science politique, 46(2), 321–343. https://doi.org/10.3406/rfsp.1996.395054 </ref> Rawls' idea is that the more a situation is right, the more stable it will be, because if it is right, it is because it has been accepted and from the moment it was accepted by everyone, there are fewer reasons for people to question it and what would lead to stability. For some, in his theory, Rawls introduces more righteousness and more goodness than he seems to say.  
According to Guillarme Bertrand in ''Rawls and Political Liberalism'' published in 1996,"a liberal conception can only be stable if every citizen of a well-ordered society freely accepts it. Its support for the principles of justice, which is a prerequisite for the stability of the conception, must therefore be seen as a moral motivation. This individual then acts according to (and not only in conformity with) the sense of justice defined by this conception. Rawls' idea is that the more a situation is right, the more stable it will be, because if it is right, it is because it has been accepted and from the moment it was accepted by everyone, there are fewer reasons for people to question it and what would lead to stability. For some, in his theory, Rawls introduces more righteousness and more goodness than he seems to say.  


A moral motivation means that we still need something more than simply agreeing on political principles. We still need a minimum of provisions that lead us at some point to sanction or distance ourselves from our philosophical understanding, from our conception of good in order to accept to support the righteous. This is not always obvious.
A moral motivation means that we still need something more than simply agreeing on political principles. We still need a minimum of provisions that lead us at some point to sanction or distance ourselves from our philosophical understanding, from our conception of good in order to accept to support the righteous. This is not always obvious.


== Concept V – The reasonableness ==
==Concept V –The reasonable==
 
That's why Guillarme Bertrand still needs a little more motivation. It is not enough to expect everyone to support this political view, but it is also necessary for people to demonstrate the ability to say that following these principles of justice is better and better than not doing so.
That's why Guillarme Bertrand still needs a little more motivation. It is not enough to expect everyone to support this political view, but it is also necessary for people to demonstrate the ability to say that following these principles of justice is better and better than not doing so.


Rawls anticipates this in part by introducing the concept of reasonableness.<ref>Boettcher, J. W. (2004). What is reasonableness? Philosophy & Social Criticism, 30(5–6), 597–621. https://doi.org/10.1177/0191453704045756</ref><ref>Porter, T. (2012). Rawls, reasonableness, and international toleration. Politics, Philosophy & Economics, 11(4), 382–414. https://doi.org/10.1177/1470594x11433741</ref><ref>Young, S. P. (2005). The (Un)Reasonableness of Rawlsian Rationality. South African Journal of Philosophy, 24(4), 308–320. https://doi.org/10.4314/sajpem.v24i4.31431 </ref><ref>Young, S. P. (2006). Rawlsian Reasonableness: A Problematic Presumption? Canadian Journal of Political Science, 39(1), 159–180. https://doi.org/10.1017/s0008423906040741</ref> It is a concept that is less demanding than the concept of rationality. Starting from the idea that the rational individual would imply that the rational individual would function in any situation in order to maximize his utility and maximize his interests, for Rawls, this conception of rationality that resonates somewhat with Kant and others is too restrictive, it does not allow to think of a form of justice that is, if not acceptable, at least sustainable by everyone. That is why he uses the concept of reasonableness. Rawls is talking about the reasonable person. The reasonable person recognizes that his or her moral conceptions are symmetrically important to the moral conception of other individuals if they are also reasonable. The world of reasonableness comes at a time when, when we are confronted with a moral dilemma, we say to ourselves, that at certain times it is possible to accept a management of this principle by virtue of the idea that we accept it because we know that other people who would have just as much reason not to accept it as we do, but accept it because it is reasonable for everyone that these principles allow us to accept it. To have stability, we must put in minimum adequacy to the behavior with this, we must accept at some point that perhaps it is reasonable to accept the terms of a certain conception of justice even if our conception of the good would tell us not to do so. It would be unreasonable to accept a specific comprehensive moral doctrine as the basis for the justification of principles because accepting an all-encompassing doctrine undermines, discriminates against, and has a sectarian effect on others.
Rawls anticipates this in part by introducing the concept of reasonableness. It is a concept that is less demanding than the concept of rationality. Starting from the idea that the rational individual would imply that the rational individual would function in any situation in order to maximize his utility and maximize his interests, for Rawls, this conception of rationality that resonates somewhat with Kant and others is too restrictive, it does not allow to think of a form of justice that is, if not acceptable, at least sustainable by everyone. That is why he uses the concept of reasonableness. Rawls is talking about the reasonable person. The reasonable person recognizes that his or her moral conceptions are symmetrically important to the moral conception of other individuals if they are also reasonable. The world of reasonableness comes at a time when, when we are confronted with a moral dilemma, we say to ourselves, that at certain times it is possible to accept a management of this principle by virtue of the idea that we accept it because we know that other people who would have just as much reason not to accept it as we do, but accept it because it is reasonable for everyone that these principles allow us to accept it. To have stability, we must put in minimum adequacy to the behavior with this, we must accept at some point that perhaps it is reasonable to accept the terms of a certain conception of justice even if our conception of the good would tell us not to do so. It would be unreasonable to accept a specific comprehensive moral doctrine as the basis for the justification of principles because accepting an all-encompassing doctrine undermines, discriminates against, and has a sectarian effect on others.


Rawls' idea of reasonableness is "People are reasonable... when, in a context of equality, they are prepared to propose principles and criteria that represent fair terms of cooperation and to obey them voluntarily, if they have the assurance that others will do the same.
Rawls' idea of reasonableness is "People are reasonable... when, in a context of equality, they are prepared to propose principles and criteria that represent fair terms of cooperation and to obey them voluntarily, if they have the assurance that others will do the same.


There are very good reasons to believe that we can be convinced that accepting this principle is a rational position and therefore acceptable to everyone, but we have to remember it afterwards in real life:"They think it is reasonable for everyone to accept these standards and they therefore consider them acceptable to them as well; they are ready to discuss the fair terms that others propose. Reasonable persons[...] are not motivated by the general good as such, but desire as an end in themselves a social world in which they, as free and equal beings, can cooperate with others in terms that all can accept ". The criterion of reasonableness or the attribute of the person to be reasonable is basically that anthropological possibility which allows individuals to be able to agree on this political conception of justice even if a priori they would have excellent rational reasons therefore of conformity with the conception of the good to oppose it. Somewhere we find the idea that at some point in time, the management of pluralism, the ability to achieve stability, implies a minimum ability that individuals would have to distance themselves from their conception of the good to support political principles.
There are very good reasons to believe that we can be convinced that accepting this principle is a rational position and therefore acceptable to everyone, but we have to remember it afterwards in real life:"They think it is reasonable for everyone to accept these standards and they therefore consider them acceptable to them as well; they are ready to discuss the fair terms that others propose. Reasonable persons[...] are not motivated by the general good as such, but desire as an end in themselves a social world in which they, as free and equal beings, can cooperate with others in terms that all can accept ". The criterion of reasonableness or the attribute of the person to be reasonable is basically that anthropological possibility which allows individuals to be able to agree on this political conception of justice even if a priori they would have excellent rational reasons therefore of conformity with the conception of the good to oppose it. Somewhere we find the idea that at some point in time, the management of pluralism, the ability to achieve stability, implies a minimum ability that individuals would have to distance themselves from their conception of the good to support political principles.  
 
== Concept VI – Public Justification ==


The idea that this should be formulated in terms that we can all accept also raises the question of the procedure by which these constitutional provisions involve thinking about the procedures by which this common acceptance can be expressed. It is for this reason that Rawls gives great importance to the idea of public justification. One can see the influence of Habermas with the deliberative conception of democracy that Rawls incorporates a little bit into his approach without perhaps going to the Habermasian point, because Habermas also remains a little too much on an inclusive approach, but public justification "from the fundamental ideas implicit in the political culture, which is the terroir somewhere that informs us as an understanding of democracy, we try to develop a public base of justification to which all citizens seen as reasonable rationalists can subscribe from the encompassing doctrine".<ref>Rossi, E. (2013). Legitimacy, Democracy and Public Justification: Rawls’ Political Liberalism Versus Gaus’ Justificatory Liberalism. Res Publica, 20(1), 9–25. https://doi.org/10.1007/s11158-013-9223-9</ref><ref>Vallier, Kevin, "Public Justification", The Stanford Encyclopedia of Philosophy (Spring 2018 Edition), Edward N. Zalta (ed.), URL = <https://plato.stanford.edu/archives/spr2018/entries/justification-public/>.</ref><ref>Hayfa, T. (2004). The Idea of Public Justification in Rawls?s Law of Peoples. Res Publica, 10(3), 233–246. https://doi.org/10.1007/s11158-004-5753-5</ref>
==Concept VI – Public Justification==
The idea that this should be formulated in terms that we can all agree with implies asking ourselves the question of the procedure by which these constitutional provisions imply reflecting on the procedures for expressing this common acceptance. For this reason, Rawls places great importance on the idea of public justification. We can see the influence of Habermas with the deliberative conception of democracy that Rawls integrates a little bit in his approach without going perhaps to the habermasian point, because Habermas also remains a little too much on an all-encompassing approach, but public justification "from the implicit fundamental ideas of the political culture, which is the soil somewhere that informs us as an understanding of democracy, we try to elaborate a bass".  


This justification is essentially based on citizen action. Rawls did not have a very overwhelming conception of democracy to continue to believe that the classic parliamentary representative system, if it functions properly, is through public discussion that must be free and thus managed by procedural norms allowing the exercise of this public reason. Individuals, through their representatives, needed to be able to sanction and establish the terms of their adherence to common principles, such as deciding whether or not a certain law should be included in the constitution.
This justification is essentially based on citizen action. Rawls did not have a very overwhelming conception of democracy to continue to believe that the classic parliamentary representative system, if it functions properly, is through public discussion that must be free and thus managed by procedural norms allowing the exercise of this public reason. Individuals, through their representatives, needed to be able to sanction and establish the terms of their adherence to common principles, such as deciding whether or not a certain law should be included in the constitution.
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What is the artifice that Rawls proposes being one of the key concepts that summarizes a little the concept of Rawls which is this very interesting idea of consensus by cross-checking?
What is the artifice that Rawls proposes being one of the key concepts that summarizes a little the concept of Rawls which is this very interesting idea of consensus by cross-checking?


== Concept VII – Overlapping consensus ==
==Concept VII – Consensus by cross-checking==
 
In this idea of ensuring that these diverse, all-encompassing doctrines of pluralism can nevertheless coordinate and cooperate in the acceptance of criteria of common political justice, the result of this cooperation would be what he calls the acceptance of a consensus by cross-checking, namely the idea that there would be a consensus that could be acceptable to the whole of this position around it, but all would agree that there would be an overlap across the board. The conceptions of individuals who have conceptions of the good may agree, but not all are based on a particular conception. All designs can support it, but you don't have to defend a design to defend this. He calls this consensus by cross-checking.
In this idea of ensuring that these diverse, all-encompassing doctrines of pluralism can nevertheless coordinate and cooperate in the acceptance of criteria of common political justice, the result of this cooperation would be what he calls the acceptance of an overlapping consensus, namely the idea that there would be a consensus that could be acceptable to the whole of this position around it, but all would agree that there would be an overlap across the board. The conceptions of individuals who have conceptions of the good may agree, but not all are based on a particular conception. All designs can support it, but you don't have to defend a design to defend this. He calls this overlapping consensus.


Citizens have opposing religious, philosophical and moral views and affirm that political conceptions based on inclusive, different and antagonistic doctrines do not preclude political conceptions from constituting a shared viewpoint from which they can answer questions about key constitutional issues. What Rawls is interested in is defending a conception of justice that is subsequently embodied in a constitution that represents the formalization of the basic principles that govern our society.
Citizens have opposing religious, philosophical and moral views and affirm that political conceptions based on inclusive, different and antagonistic doctrines do not preclude political conceptions from constituting a shared viewpoint from which they can answer questions about key constitutional issues. What Rawls is interested in is defending a conception of justice that is subsequently embodied in a constitution that represents the formalization of the basic principles that govern our society.


It is a conception of the very American constitution where the constitution is summed up in the fundamental points that guide the basic rules of social cooperation and which then leave to the groups, associations, to a whole bunch of other actors, the care to defend the conceptions of the good by the churches or the associative world discussed by Tocqueville. The greatest possible freedom must be allowed and then it is individuals who, through their actions and commitments, will decide what they want. Rawls advocates intervention in redistributive and justice issues.<ref>Rawls, J. (1987). The Idea Of An Overlapping Consensus. Oxford Journal of Legal Studies, 7(1), 1–25. https://doi.org/10.1093/ojls/7.1.1 </ref><ref>Rawls, John. "[https://heinonline.org/HOL/LandingPage?handle=hein.journals/nylr64&div=16&id=&page= The domain of the political and overlapping consensus]." NYUL Rev. 64 (1989): 233.</ref>
It is a conception of the very American constitution where the constitution is summed up in the fundamental points that guide the basic rules of social cooperation and which then leave to the groups, associations, to a whole bunch of other actors, the care to defend the conceptions of the good by the churches or the associative world discussed by Tocqueville. The greatest possible freedom must be allowed and then it is individuals who, through their actions and commitments, will decide what they want. Rawls advocates intervention in redistributive and justice issues.


If we accept that the test of equal freedom is successful, namely that we are able to show that this position respects everyone's equal freedom, which is already problematic in itself, then at that point in time, we would have something behind this argument that is fairly similar to the rawlsian conception, which is the idea that there is a time when one must be reasonable.  
If we accept that the test of equal freedom is successful, namely that we are able to show that this position respects everyone's equal freedom, which is already problematic in itself, then at that point in time, we would have something behind this argument that is fairly similar to the rawlsian conception, which is the idea that there is a time when one must be reasonable.  
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If we start from the idea that the individual is an individual in the sense of Kant, a little bit of what the liberalism of Mills leads us to say, namely that we are individuals who come into the world with a disposition to autonomy, a faculty to be autonomous and we will be able to use this disposition in any social situation. With this conception, it is possible to say that any decision we make about our practices should at least be a product of an independent exercise in deciding and revising our design of the property. If we start from the idea that everything is negotiable, if we start from the idea that basically any belonging can be negotiated, that any position in relation to our religious beliefs can be negotiated, we risk harming individuals who have identities that are more inclusive and thicker than, for example, the question of whether we smoke or not.
If we start from the idea that the individual is an individual in the sense of Kant, a little bit of what the liberalism of Mills leads us to say, namely that we are individuals who come into the world with a disposition to autonomy, a faculty to be autonomous and we will be able to use this disposition in any social situation. With this conception, it is possible to say that any decision we make about our practices should at least be a product of an independent exercise in deciding and revising our design of the property. If we start from the idea that everything is negotiable, if we start from the idea that basically any belonging can be negotiated, that any position in relation to our religious beliefs can be negotiated, we risk harming individuals who have identities that are more inclusive and thicker than, for example, the question of whether we smoke or not.


The question is whether it is really so easy for everyone, for any actor to join this overlapping consensus or does this conception of the individual who informs Rawls' position, at the end of the day, not focus too much on our Kantian and liberal understanding of the individual of his or her own autonomy and which puts itself at odds with other conceptions of the individual that would be different and that would be different?
The question is whether it is really so easy for everyone, for any actor to join this consensus by cross-checking or does this conception of the individual who informs Rawls' position, at the end of the day, not focus too much on our Kantian and liberal understanding of the individual of his or her own autonomy and which puts itself at odds with other conceptions of the individual that would be different and that would be different?


The more philosophical question is what are the philosophical but also anthropological premices about who we are as social animals, which must be implicitly posed in order to allow this consensus to be reached by overlapping. For some people, the Rawls' overlapping consensus is basically a way of preserving the power of the powerful by asking minorities somewhere to accept the terms of this justice, which is presented as political and acceptable to everyone, but which in reality is going in the direction of some cultural groups to the detriment of others. This is typical of multiculturalist criticism. Multiculturalism says that it doesn't work because we don't know what cultures do when the very idea of political justice doesn't make sense. One could imagine that these groups would exclude themselves from politics.
The more philosophical question is what are the philosophical but also anthropological premices about who we are as social animals, which must be implicitly posed in order to allow this consensus to be reached by cross-checking. For some people, the Rawls cross-check consensus is basically a way of preserving the power of the powerful by asking minorities somewhere to accept the terms of this justice, which is presented as political and acceptable to everyone, but which in reality is going in the direction of some cultural groups to the detriment of others. This is typical of multiculturalist criticism. Multiculturalism says that it doesn't work because we don't know what cultures do when the very idea of political justice doesn't make sense. One could imagine that these groups would exclude themselves from politics.


Rawls' approach is interesting if we accept all this idea that we have to agree on a political concept, but basically what is the reason for this agreement? The communities will say that without a somewhat thicker conception of the good, one cannot defend this motivation to accept the political conception. This conception of the good that we need to do more will make sectarian theory and we start again the quest for the theory that would allow us to base politics.
Rawls' approach is interesting if we accept all this idea that we have to agree on a political concept, but basically what is the reason for this agreement? The communities will say that without a somewhat thicker conception of the good, one cannot defend this motivation to accept the political conception. This conception of the good that we need to do more will make sectarian theory and we start again the quest for the theory that would allow us to base politics.
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Finally, does Rawls' conception of what Rawls has in mind work from an anthropological point of view, are we able to systematically separate things within ourselves between what is right and what is right? Is it not inevitable that this conception of the righteous does not hold because it will be torn between the different conceptions of the good that the actor will have to face?
Finally, does Rawls' conception of what Rawls has in mind work from an anthropological point of view, are we able to systematically separate things within ourselves between what is right and what is right? Is it not inevitable that this conception of the righteous does not hold because it will be torn between the different conceptions of the good that the actor will have to face?


= Involvement of the difference principle =
=Involvement of the difference principle=
 
This is one of the important points of Rawls' theory of justice which is the critique of meritocracy. In his theory of justice, Rawls contests utilitarianism and thus the sacrificial idea, but also the meritocratic criterion for the adjudication of justice. It's the idea that if we deserve what we have, it's right that we keep it. For Rawls, this idea of individual merit is unfounded. It starts from the idea that our talents, that the resources that allow us to be deserving are already the product of forms of collective cooperation. For him, individual merit is morally arbitrary because, on the one hand, we have no merit in having the talents we have, and very generally, this merit presupposes social preconditions. There is not something morally relevant in individual merit. Rawls questions this meritocratic principle. For Rawls, at a time when there is something that comes from cooperation among the individuals who make up a society in the production of merit and therefore some people's wealth, it is perfectly legitimate to tax them so that the poorest people can benefit from it.  
This is one of the important points of Rawls' theory of justice which is the critique of meritocracy.<ref>Daniels, Norman. “Merit and Meritocracy.” Philosophy & Public Affairs, vol. 7, no. 3, 1978, pp. 206–223. JSTOR, https://www.jstor.org/stable/2265145.</ref><ref>Lessnoff, M. (1971). John Rawls’ Theory of Justice. Political Studies, 19(1), 63–80. https://doi.org/10.1111/j.1467-9248.1971.tb01922.x </ref><ref>Yair, G. (2007). Meritocracy. https://doi.org/10.1002/9781405165518.wbeosm082</ref> In his theory of justice, Rawls contests utilitarianism and thus the sacrificial idea, but also the meritocratic criterion for the adjudication of justice. It's the idea that if we deserve what we have, it's right that we keep it. For Rawls, this idea of individual merit is unfounded. It starts from the idea that our talents, that the resources that allow us to be deserving are already the product of forms of collective cooperation. For him, individual merit is morally arbitrary because, on the one hand, we have no merit in having the talents we have, and very generally, this merit presupposes social preconditions. There is not something morally relevant in individual merit. Rawls questions this meritocratic principle. For Rawls, at a time when there is something that comes from cooperation among the individuals who make up a society in the production of merit and therefore some people's wealth, it is perfectly legitimate to tax them so that the poorest people can benefit from it.  


The question that arises is whether the justification of taxation activity is legitimate, whether it is legitimate to appropriate a part of the wealth produced freely by individuals and redistribute it, and does the interference that the State might have in taking part in research to reproduce wealth is basically tantamount to calling into question the free production of the wealth of individuals? Rawls' criticism is that nothing justifies questioning the intrinsic freedom that all actors carry in the name of redistribution.
The question that arises is whether the justification of taxation activity is legitimate, whether it is legitimate to appropriate a part of the wealth produced freely by individuals and redistribute it, and does the interference that the State might have in taking part in research to reproduce wealth is basically tantamount to calling into question the free production of the wealth of individuals? Rawls' criticism is that nothing justifies questioning the intrinsic freedom that all actors carry in the name of redistribution.
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*Hinton, T., (ed.), 2015, The Original Position, Cambridge: Cambridge University Press.
*Hinton, T., (ed.), 2015, The Original Position, Cambridge: Cambridge University Press.
*Kukathas, C., (ed.), 2003, John Rawls: Critical Assessments of Leading Political Philosophers, 4 vol., London: Routledge.
*Kukathas, C., (ed.), 2003, John Rawls: Critical Assessments of Leading Political Philosophers, 4 vol., London: Routledge.
*Labude, M., & Pogge, T. (2010). The Idea of Justice from a Rawlsian Perspective. Journal of Human Development and Capabilities, 11(4), 609–613. https://doi.org/10.1080/19452829.2010.520970
*Lloyd, S., (ed.), 1994, John Rawls's Political Liberalism, Pacific Philosophical Quarterly 75 (special double issue).
*Lloyd, S., (ed.), 1994, John Rawls's Political Liberalism, Pacific Philosophical Quarterly 75 (special double issue).
*Lovett, F., 2011, Rawls's A Theory of Justice: A Reader's Guide, London: Continuum.
*Lovett, F., 2011, Rawls's A Theory of Justice: A Reader's Guide, London: Continuum.
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