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Kontraktualistische Gerechtigkeitstheorien und die Idee eingebetteter Selbste

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The article deals with the conflict between contractualist and broadly communitarian approaches to question of justice. I show that the objections that Sandel and Taylor direct against Rawlsian (and implicitly also other forms of) contractual ism do not hit their target, because they misunderstand the essentially hypothetical features of contractualist justification. Hypothetical contractual ism needs to rely on unembedded selves in the basic decision process for reasons of impartiality. Another objection focuses on the alleged excessive individualism behind contractualist theories. I demonstrate that this objection is also misguided due to lack of attention to different versions of individualism.
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Document Type: Research Article

Publication date: January 1, 2009

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  • Archiv für Rechts- und Sozialphilosophie, edited by authorisation of the International Association for Philosophy of Law and Social Philosophy (IVR), is an international, peer-reviewed journal, first published in 1907. It features original articles on philosophical research on legal and social questions, covering all aspects of social and legal life.
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