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Capabilities, Political Liberalism and Private Law

Brooks, Thom

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This article argues political liberalism can and should be revised to improve its relevance to the private law. This approach is not a rejection of political liberalism, but instead a restatement consistent with the fundamental tenets of Rawls's theory of justice. The first part begins with a brief summary of Rawls's political liberalism. The second part discusses the strategies used to demonstrate the relevance of Rawls's theory to the private law. The third part examines how Rawls's theory can and should be revised by incorporating capabilities. I argue this revision can be undertaken in a way that best develops the relevance of political liberalism.

Journal Article Type Article
Online Publication Date Jan 1, 2019
Publication Date Jan 4, 2019
Deposit Date Mar 13, 2019
Publicly Available Date Jul 4, 2020
Journal Archiv für Rechts- und Sozialphilosophie
Print ISSN 0001-2343
Publisher Franz Steiner Verlag
Peer Reviewed Peer Reviewed
Volume 104
Issue 4
Pages 556-569
Public URL


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