Liberalism And The Limits Of Justice
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''Liberalism and the Limits of Justice'' (1982; second edition 1998) is a book by the American political philosopher
Michael J. Sandel Michael Joseph Sandel (; born March 5, 1953) is an American political philosopher and the Anne T. and Robert M. Bass Professor of Government at Harvard University, where his course ''Justice'' was the university's first course to be made free ...
. The book presents a critique of
John Rawls John Bordley Rawls (; February 21, 1921 – November 24, 2002) was an American moral philosophy, moral, legal philosophy, legal and Political philosophy, political philosopher in the Modern liberalism in the United States, modern liberal tradit ...
' theory of
justice as fairness "Justice as Fairness: Political not Metaphysical" is an essay by John Rawls, published in 1985. In it he describes his conception of justice. It comprises two main principles of liberty and equality; the second is subdivided into ''fair equality o ...
, as articulated in ''
A Theory of Justice ''A Theory of Justice'' is a 1971 work of political philosophy and ethics by the philosopher John Rawls (1921–2002) in which the author attempts to provide a moral theory alternative to utilitarianism and that addresses the problem of distribu ...
'' (1971). Sandel challenges Rawls' conception of the self and argues that
liberal Liberal or liberalism may refer to: Politics * Generally, a supporter of the political philosophy liberalism. Liberals may be politically left or right but tend to be centrist. * An adherent of a Liberal Party (See also Liberal parties by country ...
political philosophy inadequately accounts for the embeddedness of individuals in social and historical contexts. The book is considered a significant contribution to
communitarian Communitarianism is a philosophy that emphasizes the connection between the individual and the community. Its overriding philosophy is based on the belief that a person's social identity and personality are largely molded by community relation ...
critiques of liberalism, although Sandel does not fully embrace the communitarian label.


Summary


The Unencumbered Self

A central argument of the book is that Rawls' theory relies on a conception of the self that is "unencumbered," meaning that individuals are considered as free, rational agents independent of particular social, historical, or communal ties. This notion is exemplified in Rawls' ''
original position The original position is a hypothetical position from which members of society would consider which principles they would select for the basic structure of their society if they had no knowledge ahead of time regarding the position which they w ...
'', a hypothetical decision-making scenario in which individuals choose principles of justice behind a "
veil of ignorance The original position is a hypothetical position from which members of society would consider which principles they would select for the basic structure of their society if they had no knowledge ahead of time regarding the position which they w ...
," unaware of their personal characteristics, social status, or particular values. At a basic level, Sandel's critique suggests that Rawls' model does not reflect how people actually conceive of themselves in everyday life. Sandel agrees that people do not make moral and political decisions in a vacuum but rather within the contexts of their relationships, histories, and social roles. Sandel deepens this argument by asserting that an individual’s identity is not merely influenced by external circumstances but is ''constitutively'' shaped by them. That is, who we are is inextricably tied to the particular communities,
traditions A tradition is a system of beliefs or behaviors (folk custom) passed down within a group of people or society with symbolic meaning or special significance with origins in the past. A component of cultural expressions and folklore, common exa ...
, and histories that form us. To assume a person can abstract from these defining features is to misrepresent the nature of human selfhood.


The Problem of Moral Agency

Sandel further critiques Rawls by questioning whether the liberal self, as depicted in ''A Theory of Justice'', can genuinely possess the depth required for
moral agency Moral agency is an individual's ability to make morality, moral choices based on some notion of ethics, right and wrong and to be held accountable for these actions. A moral agent is "a being who is capable of acting with reference to right and wro ...
. He argues that if individuals are truly independent of communal ties, they would lack the attachments necessary to develop a coherent moral identity. Moral commitments, in this view, are not merely chosen but are constitutive of who individuals are. At a surface level, Sandel’s claim is that Rawlsian liberalism risks portraying moral choices as isolated, rational calculations, rather than as deeply embedded in one's existing values and traditions. At a more profound level, Sandel challenges the assumption that moral deliberation occurs within a purely procedural framework. Instead, he suggests that our moral reasoning is inherently situated – it emerges from within a web of pre-existing obligations, narratives, and self-understandings that cannot be bracketed away without distorting the reality of ethical life. By failing to account for this, Rawls' theory presents a vision of justice that is not fully responsive to the ways people actually conceive of their duties and commitments.


Justice and Community

Another key argument in the book is that Rawls' emphasis on fairness and individual rights risks neglecting the importance of communal attachments and shared values. Rawls argues that principles of justice should be chosen independently of any particular conception of the good life, ensuring neutrality among different moral and religious doctrines. However, Sandel contends that this neutrality is itself a substantive moral commitment rather than a purely procedural framework. Initially, Sandel's critique might seem to suggest that Rawls underestimates the role of social relationships in shaping ethical life. However, his argument runs deeper: he asserts that political philosophy cannot avoid substantive moral commitments, even when it claims to be neutral. The effort to construct a just society without endorsing any particular conception of the good, Sandel argues, already assumes a particular
liberal Liberal or liberalism may refer to: Politics * Generally, a supporter of the political philosophy liberalism. Liberals may be politically left or right but tend to be centrist. * An adherent of a Liberal Party (See also Liberal parties by country ...
ethic—one that prioritizes
individual autonomy Self-ownership, also known as sovereignty of the individual or individual sovereignty, is the concept of property in one's own person, expressed as the moral or natural right of a person to have bodily integrity and be the exclusive controller ...
over more embedded forms of belonging. A truly adequate account of justice must therefore recognize that principles of justice are always informed by deeper conceptions of the good life.


Critique of Liberal Neutrality

Sandel challenges the liberal claim that justice can be formulated without reference to particular conceptions of the good life. He argues that all political theories, including Rawls', inevitably make implicit assumptions about human flourishing. While Rawls aims to construct a framework that allows individuals to pursue their own conceptions of the good, Sandel maintains that such a framework cannot be truly neutral. Instead, he argues that any theory of justice must engage with substantive questions about what it means to live a good human life. At first glance, this argument may seem like a call for greater moral engagement in political philosophy. However, Sandel's position extends further: he suggests that the very ''attempt'' to avoid substantive moral commitments leads to an internally incoherent liberalism. By refusing to take a stand on what constitutes a good life, liberalism paradoxically ends up imposing its own vision of the good – one rooted in individual autonomy and procedural fairness. Sandel thus invites a rethinking of justice that acknowledges its inherently ethical dimensions rather than treating it as a purely formal or neutral construct.


Publication history

The book was first published in 1982 and a revised edition was released in 1998 by
Cambridge University Press Cambridge University Press was the university press of the University of Cambridge. Granted a letters patent by King Henry VIII in 1534, it was the oldest university press in the world. Cambridge University Press merged with Cambridge Assessme ...
. The second edition includes a new introduction in which Sandel responds to further developments in political philosophy, particularly the continued influence of Rawls' ideas and the rise of
deliberative democracy Deliberative democracy or discursive democracy is a form of democracy in which deliberation is central to decision-making. Deliberative democracy seeks quality over quantity by limiting decision-makers to a smaller but more representative sample ...
. Sandel clarifies his critique of Rawls and engages with responses from liberal theorists who sought to defend Rawlsian justice. The revised edition also reflects on the broader implications of the
communitarian Communitarianism is a philosophy that emphasizes the connection between the individual and the community. Its overriding philosophy is based on the belief that a person's social identity and personality are largely molded by community relation ...
critique and discusses how debates surrounding liberalism and its alternatives evolved in the years following the book’s original publication.


Reception

''Liberalism and the Limits of Justice'' received a positive review from Mark Sagoff in the ''
Yale Law Journal ''The Yale Law Journal'' (YLJ) is a student-run law review affiliated with the Yale Law School. Published continuously since 1891, it is the most widely known of the eight law reviews published by students at Yale Law School. The journal is one ...
''. Sagoff endorsed Sandel's "criticism of contemporary utilitarian and Kantian conceptions of the good". He expressed agreement with Sandel's views of liberalism and the nature of the self. He also agreed with Sandel's criticisms of Rawls's view of the origins of the principles of justice and of "the idea of a social contract dependent on possessive individualism." He compared Sandel's views to those of the philosophers
F. H. Bradley Francis Herbert Bradley (30 January 184618 September 1924) was a British idealist philosopher. His most important work was ''Appearance and Reality'' (1893). Life Bradley was born at Clapham, Surrey, England (now part of the Greater London ar ...
,
Thomas Hill Green Thomas Hill Green (7 April 183626 March 1882), known as T. H. Green, was an English philosopher, political radical and temperance reformer, and a member of the British idealism movement. Like all the British idealists, Green was influe ...
, and Bernard Bosanquet, but believed that his work was open to criticism in that it did not advance sufficiently beyond them and left some questions unresolved. Norman Care of Oberlin College calls the book "well-written and interesting to read" and compliments it for its extended critique of "deep individualism". He notes that Sandel's assessment of Rawlsian theory is novel due to its focus on the idea of community. The philosopher
Sheldon Wolin Sheldon Sanford Wolin (; August 4, 1922 – October 21, 2015) was an American political theorist and writer on contemporary politics. A political theorist for fifty years, Wolin became Professor of Politics, Emeritus, at Princeton University, wher ...
called the book "the best political critique of Rawls from a communitarian and participatory perspective." The philosopher
Richard Rorty Richard McKay Rorty (October 4, 1931 – June 8, 2007) was an American philosopher, historian of ideas, and public intellectual. Educated at the University of Chicago and Yale University, Rorty's academic career included appointments as the Stu ...
described the book as "clear and forceful". He credited Sandel with providing "very elegant and cogent arguments against the attempt to use a certain conception of the self, a certain metaphysical view of what human beings are like, to legitimize liberal politics." The philosopher Jonathan Wolff wrote that Sandel provides the fullest development of the argument that Rawls bases his political philosophy on an untenable metaphysics of the self. The philosopher
Will Kymlicka William Kymlicka ( ; born 1962) is a Canadian political philosopher best known for his work on multiculturalism and animal ethics. He is currently Professor of Philosophy and Canada Research Chair in Political Philosophy at Queen's University ...
wrote that ''Liberalism and the Limits of Justice'' is Sandel's best-known book, and helped start the
liberalism Liberalism is a Political philosophy, political and moral philosophy based on the Individual rights, rights of the individual, liberty, consent of the governed, political equality, the right to private property, and equality before the law. ...
-
communitarianism Communitarianism is a philosophy that emphasizes the connection between the individual and the community. Its overriding philosophy is based on the belief that a person's social identity and personality are largely molded by community relation ...
debate that dominated Anglo-American political philosophy in the 1980s.


References


Bibliography

;Books * * * * * ;Journals * {{refend


External links

* Mark Sagoff
"Review: The Limits of Justice"
''
Yale Law Journal ''The Yale Law Journal'' (YLJ) is a student-run law review affiliated with the Yale Law School. Published continuously since 1891, it is the most widely known of the eight law reviews published by students at Yale Law School. The journal is one ...
'' May, 1983 * Daniel Bell
"Communitarianism"
''
Stanford Encyclopedia of Philosophy The ''Stanford Encyclopedia of Philosophy'' (''SEP'') is a freely available online philosophy resource published and maintained by Stanford University, encompassing both an online encyclopedia of philosophy and peer-reviewed original publication ...
'' 2012 1982 non-fiction books American non-fiction books American political books Books about liberalism Books in political philosophy Cambridge University Press books English-language non-fiction books Works by Michael J. Sandel