Sen on Rawls’s “transcendental institutionalism”: An analysis and critique

Abstract

This paper evaluates Amartya Sen’s criticisms of Rawls’s theory of justice, in particular his critique of the ideal versus nonideal distinction in Rawls, and corrects what I take to be various misconceptions that underpin this critique. I will then move on to the more general issue of how we are to understand the role of the ideal versus nonideal distinction (and how we ought not to understand it) before going on to consider one focused application of Sen’s ideas. I will look at the choice between property-owning democracy and welfare state capitalism, drawing on the important work of Ingrid Robeyns specifically on “gender justice”, in order to argue that Sen’s methodological claims will – if heeded – send us all off on the wrong track.