Lesley A. Jacobs

This book covers how Liberal institutions – constitutional democracy, economic markets, liberal courts, free trade, international human rights – around the world are under assault by the political right and we are witnessing the emergence of post-liberal institutions. These post-liberal institutions are founded on the core conviction that the actions of liberal institutions including the United States Supreme Court are patently unjust. This volume makes the case against post-liberal courts and justice by reconnecting to the principles of moral equality and dignified freedom for all. The intention is to show how there is great untapped potential in the work of Ronald Dworkin’s work to demonstrate that it can help progressive liberals think through the great issues of the day and respond to the contemporary criticisms of the political right. The core themes are concretely illustrated by focusing on some of the most controversial recent post-liberal decisions of the Supreme Court, ranging from election funding to abortion to race-sensitive affirmative action, to economic inequality in an age of increasingly unequal opportunities.

Pursuing equality is an important challenge for any modern democratic society but this challenge faces two sets of difficulties: the theoretical question of what sort of equality to pursue and for whom; and the practical question concerning which legal and political institutions are the most appropriate vehicles for implementing egalitarian social policy and thus realizing egalitarian justice. This book offers original and innovative contributions to the debate about equality of opportunity. The first part of the book sets out a theory of equality of opportunity that presents equal opportunities as a normative device for the regulation of competition for scarce resources. The second part shifts the focus to the consideration of the practical application by courts or legislatures or public policy makers of policies for addressing racial, class or gender injustices. The author examines standardized tests, affirmative action, workfare, universal health-care, comparable worth, and the economic consequences of divorce.

In this book Lesley Jacobs challenges the view, now prevalent in North America and Western Europe, that the primary function of a nation's social policy should be to provide support only for the poorest people instead of social services accessible to all its citizens. In an interesting and distinctive argument he develops and defends the idea that access to basic rights such as education, health care, adequate housing, and income support can provide a solid moral foundation for redistributive state welfare programmes, maintaining that any nation which purports to take rights to basic liberties seriously must also be fully committed to the principles of the welfare state. Dr Jacob's thesis addresses a pressing political and philosophical problem at the heart of the policies and structure of the modern state.