Download PDF by M. Carcieri: Applying Rawls in the Twenty-First Century: Race, Gender,
By M. Carcieri
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Extra resources for Applying Rawls in the Twenty-First Century: Race, Gender, the Drug War, and the Right to Die
43 Judge Charles Norgle’s opinion in In Re African American Slave Descendants Litigation44 (hereinafter, SDL) crystallizes much of the current debate, in both its political and legal spheres. A brief overview of this opinion, with references to Chief Judge Posner’s opinion affirming “the greater part of ”45 Norgle’s judgment on behalf of the Seventh Circuit, is thus in order. 49 The defendants were private entities FleetBoston, New York Life Insurance Company, Norfolk Southern Railway Company, Canadian Railway Company, Lloyds of London, and Aetna.
152 Second, and more importantly, Rawlsian legislators would think creatively about ways to generate the resources fairly required by the difference principle, especially in hard economic times. In 2015, accordingly, they would know that the law of marijuana in the United States is undergoing substantial reform. S. 153 Nine months later, the Obama Justice Department announced that, notwithstanding the federal Controlled Substances Act, the federal government would not interfere in these states so long as the safeguards in these laws are followed.
He is on strong ground, yet my thesis satisfies both strands of his nuanced position. For reasons we have considered, Rawlsian legislators would enact race blindness into the law of separate and free transactions between individuals and associations. 143 Turning to Rawls, finally, the ideas of public reason,144 overlapping consensus,145 and legitimate expectations146 mark important distinctions. As for the first two, whatever the f laws in my argument, it cannot be dismissed as partisan rhetoric.