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Capabilities, political liberalism and private law.

Brooks, Thom (2019) 'Capabilities, political liberalism and private law.', Archiv fuer Rechts- und Sozialphilosphie., 104 (4). pp. 556-569.


This article argues political liberalism can and should be revised to improve its relevance to the private law. This approach is not a rejection of political liberalism, but instead a restatement consistent with the fundamental tenets of Rawls's theory of justice. The first part begins with a brief summary of Rawls's political liberalism. The second part discusses the strategies used to demonstrate the relevance of Rawls's theory to the private law. The third part examines how Rawls's theory can and should be revised by incorporating capabilities. I argue this revision can be undertaken in a way that best develops the relevance of political liberalism.

Item Type:Article
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Date accepted:No date available
Date deposited:13 March 2019
Date of first online publication:01 January 2019
Date first made open access:04 July 2020

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