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Abstract:Rawls ignited a debate in political theory when he introduced a division between the ideal and nonideal parts of a theory of justice. In the ideal part of the theory, one presents a positive conception of justice in a setting that assumes perfect compliance with the rules of justice. In the nonideal part, one addresses the question of what happens under departures from compliance. Critics of Rawls have attacked his focus on ideal theory as a form of utopianism, and have argued that political theory should be focused instead on providing solutions to the manifest injustices of the real world. In this essay, I offer a defense of the ideal/nonideal theory distinction according to which it amounts to nothing more than a division of labor, and explore some scientific analogies. Rawls's own focus on the ideal part of the theory, I argue, stems from a felt need to clarify the foundations of justice, rather than a utopian neglect of real world problems.

I present an analysis of feasibility that generalizes the economic concept of a production possibility frontier and develop a model of the feasibility frontier using the familiar possible worlds technology. I then use the model to show that we cannot reasonably expect that adopting political ideals as long-term reform objectives will guide us toward the realization of morally optimal feasible states of affairs. I conclude by proposing that political philosophers turn their attention to the analysis of actual social failures rather than political ideals.

What are we to make of the fact that world leaders, such as Canada's Justin Trudeau, have, within the last few decades, offered official apologies for a whole host of past injustices? Scholars have largely dealt with this phenomenon as a moral question, seeing in these expressions of contrition a radical disruption of contemporary neoliberal individualism, a promise of a more humane world. Focusing on Canadian apology politics, this essay instead proposes a nonideal approach to state apologies, sidestepping questions of what they ought to do and focusing instead on their actual functioning as political acts. Through a sociologically informed speech act theory and Foucault's work on power, apology is conceptualized as a speech act with an essentially relational nature. The state, through apologizing, reaffirms the norms governing its relationship to its subjects at a moment when a past transgression threatens to destabilize this relation. From a Foucauldian point of view, the state's power inheres in the very stability of the state–citizen relation, and we should therefore see apologies as defensive moves to protect state hegemony. In the context of Western liberal democracies, such as Canada, apologies embody, rather than challenge, the logic of neoliberal governmentality by suggesting that everything, including resentment against the state, can be managed within the current status quo. Nevertheless, total cynicism about apology politics is not warranted. In many indigenous apology campaigners' demands for contrition we see another side of apologies: their potential to bring about change by enacting counterhegemonic relations to the state.

3.2 The pathologies of public law3.3 The public meaning of the principle of authority; 3.4 The barbarism of Nazi power; 4 Toward public justice; 4.1 Rawls on ideal and nonideal theory; 4.2 Hart's reformist project; 4.3 Public justice as an ideal and as a duty; 4.4 Progress and particularity; Part II The constitutional dimension; 5 The modern constitutional state; 5.1 The problem of accountability; 5.2 A new form of government; 5.3 Assessing commonwealth constitutionalism; 5.4 A reply to Waldron; Part III The doctrinal dimension; 6 Constitutional reform; 6.1 The rise of eternity clauses.

Can Rawlsian theory provide us with an adequate response to the practical question of how we should proceed in the face of widespread and intractable disagreement over matters of justice? Recent criticism of ideal theorizing might make us wonder whether this question highlights another way in which ideal theory can be too far removed from our non-ideal circumstances to provide any practical guidance. Further reflection on it does not show that ideal theory is redundant, but it does indicate that there is a need for a nonideal theory that does not consist simply in an account of how to apply the principles which are yielded by ideal theory to non-ideal circumstances in the light of what is feasible and an assessment of the costs of implementation. Indeed any non-ideal theory that can adequately address this question will have to be partially autonomous, drawing on a notion of legitimacy that is rather different to the one which lies at the heart of Rawlsian ideal theory.