I develop a liberal theory of the cultural rights that must be guaranteed by just legal and political institutions, drawing on Rawls’s argument for the “fair value” of the “equal political liberties.” I contend that the logic of Rawls’s argument requires that the fair value of rights to participate in culture must also be guaranteed as a constitutional essential. Because our experiences of the culture around us profoundly shape our values, equal respect for members of a liberal democracy requires that all citizens have roughly equal opportunities to do things like make movies, publish novels, and exhibit paintings. [preprint]

Citation: Jonathan Gingerich, “Remixing Rawls: Constitutionalizing Cultural Liberties,” Northeastern University Law Review, forthcoming 2019.