Law as justice? Rawlsian foundations of non-positivism

Rawlsian Justice and Palliative Care.

Palliative care serves both as an integrated part of treatment and as a last effort to care for those we cannot cure. The extent to which palliative care should be provided and our reasons for doing so have been curiously overlooked in the debate about distributive justice in health and healthcare. We argue that one prominent approach, the Rawlsian approach developed by Norman Daniels, is unabl...

Rawlsian Individuals: Justice, Experiments, and Complexity

John Rawls’s A Theory of Justice is examined from the perspective of experimental methods in economics and complex adaptive systems simulations. This paper first discusses the justice principle selection process in Rawls’s representation of it as a hypothetical experiment. This hypothetical experiment fails to satisfy reasonable experimental controls, particularly as reflects the conception of ...

Health Law as Social Justice.

Health law is in the midst of a dramatic transformation. From a relatively narrow discipline focused on regulating relationships among individual patients, health care providers, and third-party payers, it is expanding into a far broader field with a burgeoning commitment to access to health care and assurance of healthy living conditions as matters of social justice. Through a series of increm...

Epistolary Justice: The Love Letter as Law

A Rawlsian Perspective on Justice for the Disabled

I aim to identify and describe some basic elements of a Rawlsian approach that may help us to think conscientiously about how, from the standpoint of justice, we should treat the disabled. Rawls has been criticized for largely ignoring issues of this sort. These criticisms lose their appeal, I suggest, when we distinguish between a Rawlsian standpoint and the limited project Rawls mainly undert...