John Rawls' A Theory of Justice stands as the single most important work in the Anglo-American liberal tradition after World War II. In A Theory of Justice, Rawls revives the social contract doctrine in order to determine principles of justice that would be chosen by persons who are free and equal moral individuals. Since Rawls believes that no single conception of the good can establish justice in a pluralistic society, he posits a set of principles of right which are prior to any particular good. Thus his theory, which he calls "justice as fairness," is deontological. Since its publication in 1971, A Theory of Justice has generated extensive critical response from writers all along the philosophical spectrum.

Without doubt, John Rawls's A Theory of Justice is one of the most important statements of Anglo-American political philosophy in the twentieth century. Through a revival of the social contract device, Rawls formulates a set of principles of correct political association ("the right") that he argues must be considered as prior to any conception of the good. These principles apply to all persons as free and equal beings in society, but more importantly they assume some things about the nature of persons in that society. On the institutional aspect of his theory, Rawls conceives of the state as a neutral arbiter of the good. This, coupled with a conception of persons as individuals that affirm the values of autonomy and equality, has drawn extensive critical fire from philosophers within and without liberalism. One such group of critics, the communitarians, claim that Rawls's idea of the person is too abstract or "groundless" to account for shared values, and thus fails to appreciate the extent to which we understand ourselves as embedded within our culture. Michael Sandel has thus argued that Rawls's person so conceived is too abstract to be of any theoretical let alone practical use, while Alasdair Macintyre has argued that such a conception of persons is incoherent: liberal "persons" do not know themselves, and so they cannot know what is right or what is good. This thesis analyzes the liberal-communitarian debate by comparing and contrasting some terms used by both sides in the debate. By analyzing the terms, I will present a liberal conception of the person as properly understood in Rawls's theory. ' Rawls has not been idle since the publication of A Theory of Justice. He has defended his theory in a series of articles and lectures that have developed his position in response to these and other criticisms. Specifically, by positing his theory within liberal-democratic culture, by acknowledging individual formative conceptions of the good, and by emphasizing and relying upon a modus vivendi view as the basis for political liberalism and a liberal culture, Rawls has answered the communitarian objections by incorporating and responding to those pertinent criticisms. I will argue that Rawls's recent emphasis on a theory of political liberalism successfully accounts for his idea of persons because it accords with our considered moral principles, it treats persons as free and equal beings worthy of respect, and it incorporates the only coherent construction of the social embeddedness thesis to a greater degree than communitarians acknowledge or appreciate. Rawls's political liberalism thus surpasses this aspect of the communitarian critique.

John Rawls's theory of justice, which he calls "justice as fairness," has proven to be most influential with regard to the course of contemporary political theory. In both of Rawls's books, A Theory of Justice and Political Liberalism, his aim was to present a theoretically-compelling defense of deontological liberalism, and to present a set of principles by which to fairly order a just society. While Rawls's project has attracted a fair number of proponents over the years, it has also been a popular target for liberal and nonliberal critics alike. A recurrent theme among these criticisms has been an objection with Rawls's conception of the self as presented in A Theory of Justice. This thesis will focus on feminists' criticisms of Rawls's conception of persons. In general, feminists contend that Rawlsian liberalism suffers a structural gender bias resulting from Rawls's conception of the self. Rawls's notion of the self, feminists argue, rests on male or masculine attributes. I will demonstrate in the course of this thesis that feminists' charges fail on two accounts. First, feminists do not present an accurate reading of Rawls's conception of persons in either A Theory of Justice or Political Liberalism. Second, in reviewing feminist approaches to gendering the self (which is integral to their critique), it will be shown that feminists are unable to gender the self in a theoretically defensible manner. Thus, feminists cannot make the claim that the Rawlsian self is a male or masculine concept. It follows from these twin defects that feminist contentions fail to prove that Rawls's theory is gender biased.

Submitted by Filipe dos Santos (fsantos@pucsp.br) on 2017-11-14T11:11:25Z No. of bitstreams: 1 Vinícius Custódio Rios.pdf: 368601 bytes, checksum: 9f08836ea8dd19314a14467dca19bcf8 (MD5) / Made available in DSpace on 2017-11-14T11:11:25Z (GMT). No. of bitstreams: 1 Vinícius Custódio Rios.pdf: 368601 bytes, checksum: 9f08836ea8dd19314a14467dca19bcf8 (MD5) Previous issue date: 2017-10-27 / Coordenação de Aperfeiçoamento de Pessoal de Nível Superior - CAPES / The objective of this work is to study a model of justice that can be objectively appropriated by modern democratic society, addressing the application of justice by the judiciary, providing a reflection on the meaning of some terms such as justice, a sense of justice and equity. To do this study will be used the theory of justice developed by John Rawls. We will seek to identify the applicability of John Rawls' theory of justice in judicial decisions, characterizing and highlighting the relevance of equity so that there is an appropriate and fair mechanism in conflict resolution. The research methodology used to carry out this dissertation is the bibliographical one with doctrinal and jurisprudential grounds, under a deductive and in some points inductive approach / Este trabalho tem por objetivo estudar um modelo de justiça que possa ser objetivamente apropriado pela sociedade democrática moderna abordando a aplicação da justiça pelo judiciário propiciando uma reflexão sobre a significação de alguns termos tais como justiça, senso de justiça, equidade. Para realizar esse estudo utilizar-se-á a teoria da justiça desenvolvida por John Rawls. Buscaremos identificar a aplicabilidade da teoria da justiça proposta por John Rawls nas decisões judiciais, caracterizando e evidenciando a relevância da equidade para que haja um mecanismo apropriado e justo nas soluções de conflitos. A metodologia de pesquisa utilizada para a realização dessa dissertação é a bibliográfica com fundamentação doutrinária e jurisprudencial, sob uma abordagem dedutiva e em alguns pontos indutiva

Submitted by Diego Barros (diegobbarros@ufpa.br) on 2015-03-18T12:12:28Z No. of bitstreams: 2 license_rdf: 22974 bytes, checksum: 99c771d9f0b9c46790009b9874d49253 (MD5) Dissertacao_MonetizacaoRiscosMeio.pdf: 1305651 bytes, checksum: cfb61fda688d11d0657afa382cfa2e4d (MD5) / Approved for entry into archive by Ana Rosa Silva (arosa@ufpa.br) on 2015-03-19T13:32:27Z (GMT) No. of bitstreams: 2 license_rdf: 22974 bytes, checksum: 99c771d9f0b9c46790009b9874d49253 (MD5) Dissertacao_MonetizacaoRiscosMeio.pdf: 1305651 bytes, checksum: cfb61fda688d11d0657afa382cfa2e4d (MD5) / Made available in DSpace on 2015-03-19T13:32:27Z (GMT). No. of bitstreams: 2 license_rdf: 22974 bytes, checksum: 99c771d9f0b9c46790009b9874d49253 (MD5) Dissertacao_MonetizacaoRiscosMeio.pdf: 1305651 bytes, checksum: cfb61fda688d11d0657afa382cfa2e4d (MD5) Previous issue date: 2014 / CAPES - Coordenação de Aperfeiçoamento de Pessoal de Nível Superior / CNPq - Conselho Nacional de Desenvolvimento Científico e Tecnológico / Esta dissertação trata da Monetização dos Riscos no Meio Ambiente do Trabalho – fenômeno que autoriza a compensação financeira para o trabalhador em razão de sua exposição a riscos existentes no local de trabalho –, sob a ótica do Liberalismo Igualitário de John Rawls e Ronald Dworkin. O primeiro capítulo analisa e compara as teorias liberais igualitárias apresentadas por John Rawls e Ronald e Dworkin com a teoria da Análise Econômica do Direito de Richard Posner. O segundo capítulo demonstra quais são as práticas do ordenamento jurídico brasileiro com relação à monetização dos riscos. O terceiro capítulo realiza uma análise normativa e principiológica para responder se há necessidade de reformular tais práticas, analisando, ainda, quais são os óbices à efetivação da proteção aos trabalhadores. / This thesis analyses the Risks Monetization in the Work Environment – phenomenon that authorizes the financial compensation for the worker due to his exposure to risks existing in the place of work –, which is done by the optics of the Egalitarian Liberalism of John Rawls and Ronald Dworkin. The first chapter analyses and compares the liberal egalitarian theories presented by John Rawls and Ronald Dworkin with the Economic Analysis of the Law theory of Richard Posner. The second chapter demonstrates which are the brazilian juridical practices related to the risks monetization. The third chapter makes a norm and principles based analysis in order to answer if it is necessary to reform those practices, analyzing, yet, which are the obstacles for the effective workers protection.