Justice

As algorithms have become ubiquitous in consequential domains, societal concerns about the potential for discriminatory outcomes have prompted urgent calls to address algorithmic bias. In response, a rich literature across computer science, law, and ethics is rapidly proliferating to advance approaches to designing fair algorithms. Yet computer scientists, legal scholars, and ethicists are often not speaking the same language when using the term ‘bias.’ Debates concerning whether society can or should tackle the problem of algorithmic bias are hampered by conflations (...) of various understandings of bias, ranging from neutral deviations from a standard to morally problematic instances of injustice due to prejudice, discrimination, and disparate treatment. This terminological confusion impedes efforts to address clear cases of discrimination. -/- In this paper, we examine the promises and challenges of different approaches to disambiguating bias and designing for justice. While both approaches aid in understanding and addressing clear algorithmic harms, we argue that they also risk being leveraged in ways that ultimately deflect accountability from those building and deploying these systems. Applying this analysis to recent examples of generative AI, our argument highlights unseen dangers in current methods of evaluating algorithmic bias and points to ways to redirect approaches to addressing bias in generative AI at its early stages in ways that can more robustly meet the demands of justice. (shrink)

There is a fundamental disconnect between the public discourse about sovereign and external debt in comparison to private domestic debt. The latter is predominantly viewed through a Humean lens, which sees economic morality in terms of contingent social institutions, justified by the valuable goods they realize; while sovereign and external debt is viewed through a Lockean lens, which sees property, contract, and debt as possessing an intrinsic moral quality, independent of social context or consequences. This Article examines whether this Lockean (...) perspective on sovereign and external debt is compatible with the dominance of Humean approaches to the domestic economy. It considers and rejects the most plausible argument for reconciling these views, which emphasizes the different qualities of cooperation in the international and domestic economies. It further argues that many standard objections to a Humean approach to sovereign debt suggest, not the Lockean approach, but rather a Hobbesian international moral skepticism. Concluding that the Lockean approach is unmotivated, this Article instead advances a Humean account of sovereign debt and default. It shows how taking seriously the demand for institutional justification and the idea of persons and peoples as free and equal provides an account of the duties of states—whether creditors, debtors or third parties—in sovereign debt crises. It further examines the implications of each approach for democratic choice about sovereign default. (shrink)

From a nonideal justice perspective, this article investigates liability and compensation intheir wider theoretical context to better understand the governance of climate loss anddamage under the United Nations Framework Convention on Climate Change(UNFCCC). The usual rationale for considering compensation takes a backward-looking understanding of responsibility. It links those causing harm directly to its remedy. Thisarticle shows that, under current political circumstances, it is more reasonable to understandresponsibility as a forward-looking concept and thus to differentiate responsibilitieson grounds of capacity and solidarity. (...) The article argues that loss and damage entitlementsinUNFCCCgovernance should be understood as entitlements to a threshold of capabilitiesfor resilience. While compensation merely means redressing the situation ex ante a threat,entitlements to capabilities for resilience can entail more demanding responsibilities ofsupport. This means that Article 8 of the Paris Agreement has much more demandingimplications than it might at first appear. (shrink)

In this article, I build on my recent conceptions of law as poetry and of justice as dance by articulating three new conceptions of the relationship between law and justice. In the first, “poetry-based justice”, justice consists of a rigid choreography to a kind of musical recitation of the law’s poetry. In the second, “dancing-based law”, justice consists of spontaneous, freely improvised movement patterns that the poetry of the law tries to capture in a kind of musical notation. And in (...) the third, “reciprocal-legal justice”, justice and law consist of a reciprocally determining artistic collaboration between the democratic dancing masses and the aristocratic poetising elites. Given that each of these predominates in one of three types of community, I then present a reclassification of right-leaning, centrist and leftist societies as dominated by “literalist”, “kinetic” and “mutualist” communities (respectively), and offer suggestions for legislators and activists working in each type. In conclusion, law and justice, qua poetry and dance, become more flexible, inclusive and open to creative improvising and collaboration, a new form that I name, after Astraea, Greek goddess of divine justice, “astral legal justice”. (shrink)

This Special Issue is an outcome of the lectures and discussions on ‘Cross-cutting Themes and Concepts in Human Rights’, offered as a Seminar Course to the students of the MA Programme, School of International Studies, Jawaharlal Nehru University. As part of the Course, a Webinar on ‘Rethinking Rights and Justice for Non-Humans’ was held in 2022, in which the participants advanced some of the most compelling arguments for the meaningful representation of non-human entities in law and governance. In the three (...) sessions of the webinar, the participants explored the terrain of relevant concepts, emerging norms, and moral justifications that underline the case of non-human entities: (i) The Limits of Animal Rights: Exploring the Case for Multispecies Justice, (ii) Humanist Dimensions of Machines, and (iii) Representing Nature: Rights, Crimes, and Diplomacy. Scholarly literature on the subject matter sheds light on the gaps in existing legal frameworks concerning the responsibilities of human beings towards non-human life forms. There is evidence of a growing universal consciousness embedded in the worth and sacredness of non-human life forms. A series of developments in the fields of technology, philosophy, and other disciplines have moved non-human entities to the forefront of legal reforms, domestic and international. (shrink)

Global structural injustices are harms caused by structural processes, involving multiple individuals, acting across more than one state. Young (2011) developed the concept of ‘political responsibility,’ to allocate responsibility for structural injustice. In this paper, I am going to argue that when considering the climate crisis Young’s model needs to be adapted— to have agency as a basis for allocating political responsibility instead of contribution. This is a more intuitive way to allocate responsibility for the climate crisis given its nature (...) as a threshold problem, and the subtle structural positions occupied by the individuals involved. (shrink)

Principles of justice, David Estlund argues, cannot be falsified by people’s unwillingness to satisfy them. In his Utopophobia, Estlund rejects the view that justice must bend to human motivation to deliver practical implications for how institutions ought to function. In this paper, I argue that a substantive argument against such bending of justice principles must challenge the reasons for making these principles sensitive to motivational limitations. Estlund, however, provides no such challenge. His dispute with benders of justice is therefore a (...) verbal one over the true meaning of justice, which need not worry those with the intuition that justice should perform a function that requires bending. By focusing on John Rawls’s reasons for bending his justice principles, I point towards a substantive critique of bent justice. (shrink)

The proposition that digital innovations can put people in charge of their health has been accompanied by prolific talk of empowerment. In this paper we consider ethical challenges and opportunities of trying to achieve justice and empowerment using digital health initiatives. The language of empowerment can misleadingly suggest that by using technology, people can control their health and take responsibility for health outcomes to a greater degree than is realistic or fair. Also, digital health empowerment often primarily reaches people who (...) already have high technological and health literacy, leaving others behind. We critically investigate whether the concept of health empowerment could be re-engineered to mean something different, namely the process of improving the health literacy and access of those who least possess it, in line with recent proposals for conceptual engineering in the service of justice. We settle on the weaker conclusion that underlying ethical values including justice should be used to interpret the existing concept of empowerment. To conclude, we take a high-level view of various strategies for achieving the ethical value associated with digital health empowerment. (shrink)

Relational egalitarians claim that a situation is just only if everyone it involves relates to one another as equals. It implies that relational egalitarians believe the ideal of “living as equals” (for short) is desirable, and furthermore, necessary for justice. In this paper, I distinguish three accounts of the desirability of the ideal: the instrumental value account, the non‐instrumental value account, and the non‐consequentialist account. I argue that the former two accounts cannot provide satisfying reasons for being a relational egalitarian. (...) Instead, the ideal of “living as equals” ought to be understood as fundamentally a moral requirement in a non‐consequentialist sense. In addition, a pluralist (though fundamentally non‐consequentialist) approach is welcome. (shrink)

Organ transplantation centers set criteria for candidate qualification, which has led to disparate healthcare resource allocation practices affecting those with a substance use history. These individuals are denied organ transplants by committees and healthcare providers who assign them lower priority status. The lower priority argument claims that healthcare resources should not be provided equally to individuals who fail to share responsibility for not doing enough to address the diseases associated with substance use. The purpose of this paper is to explore (...) the interrelatedness between the ethics of a merit-based system of moral responsibility and the lower priority setting involved in healthcare resource allocation pertaining to those with substance use histories. An interdisciplinaryapproach to the argument against the lower prioritists is taken with a focus on the relationship between different organ allocation practices affecting substance users and the justification for resource allocation practices of healthcare and transplant committees. Lower priority setting is challenged, and an argument is offered in which substance users are assigned higher priority when relying on "doing enough" in a merit-based system of moral responsibility. It is determined that one cannot substantiate assigning a lower priority status since a lack of success in rehab does not imply a lack of effort. Additionally, neither to confirmatory behavior nor to non-conforming behavior may freedom be justifiably ascribed in a merit-based system of responsibility because freedom to choose can neither be established a priori nor a posteriori concerning meritorious behavior. (shrink)

This paper explores the theoretical basis of the third party’s duty of justice as to grave human rights violations, presenting role obligations as the best complement to the literature. It begins with discussions on agents of justice in duty-based theories, notably O’Neill’s account on global justice, and rights-based theories, which are both included in the institution-centred perspective. I claim that these studies have failed to consider an individual duty bearer’s motive, autonomous reasoning and integrity in relation to justice, all of (...) which constitute serious lacunae for the effective accomplishment of responsibility. To supplement, I introduce the distinction between responsibility and commitment, and acknowledge that combining the two is the desirable condition for recognising the duty of justice. Finally, I argue that the role obligations undertaken through personal acceptance of an institution-based role or a commitment-based role related to human rights norms adequately explain third parties’ duty to protect others from serious harm. (shrink)

How should we think about public rioting for political ends? Might it ever be more than morally excusable behavior? In this essay, I show how political rioting can sometimes be positively morally justified as an intermediate defensive harm between civilly disobedient protest and political revolution. I do so by reading political rioters as, at the same time, uncivil and ultimately conciliatory with their state. Unlike civilly disobedient protestors, political rioters express a lack of faith in the value or applicability of (...) civility itself in interacting with the state under the political status quo. But unlike political revolutionaries who aim at separation from the state, political rioters paradigmatically seek fuller inclusion within it. By rejecting even the appearance of compliance with the political status quo’s systems of justice, political rioters can create a unique venue for systemically marginalized citizens to express warranted disrespect for the state that maintains them in ongoing subjection, as well as their inviolable respect for themselves as persons with dignity beyond the boundaries of civility. (shrink)

Many philosophers accept the idea that there are duties to promote or create just institutions. But are the addressees of such duties supposed to be individuals – the members of the citizenry? What does it mean for an individual to promote or create just institutions? According to the ‘Simple View’, the citizenry has a collective duty to create or promote just institutions, and each individual citizen has an individual duty to do their part in this collective project. The simple view (...) appears to work well with regard to – you guessed it – ‘simple’ scenarios but it is riddled with further questions and problems. In this chapter, we raise five problems for the Simple View: (a) We suggest that one cannot develop a view concerning the citizenry’s duty to promote just institutions in isolation from a conception of the ontological relationship between the state and its citizens; (b) We argue that it is not obvious that the citizenry is the right entity to be attributed duties in the first place; (c) We show that a plausible account of collective duties to promote just institutions must not remain silent on the complexities and difficulties amorphous, unorganized group face in vis-à-vis collective action; (d) We contend that without allocation principles for contributory duties amongst the citizenry, or – alternatively – a method for practical deliberation that is action-guiding in collective action contexts, the claim that the citizens have a collective duty to promote just institutions remains moot; and, finally, (e) We demonstrate that the problem of reasonable disagreement is a serious threat to a collective duty to promote or create just institutions – it potentially undermines such a duty altogether and allows for conflicting contributory duties amongst the citizenry. We hope that our discussion will ultimately help improve existing theories and conceptual frameworks with a view to better understanding citizens’ obligations to promote justice under non-ideal conditions. (shrink)

New Muslim movements in South India, such as the Solidarity Youth movement, re-formulated Muslim priorities towards human rights, democracy, development, environmental activism, and minorities. I read Solidarity Youth Movement as proposing an ethic of Islam’s conception of justice, while also drawing inspiration from the influential Islamist Abul A’la Maududi. Focusing on jurisprudential debates, I look at the ways in which Maududi’s intervention informs the praxis of Solidarity Youth Movement. This paper seeks the possibility of examining their activism as an instance (...) of juristic deliberation, linked to the revival of maqāṣid al-sharī’ah in the latter part of the twentieth century. I suggest a reading of their maqāṣid approach, born out of praxis in a Muslim minority context, as potentially informing the development of fiqh al-aqalliyah. (shrink)

This paper considers three possible ways of understanding the claim that the American criminal justice system is racist: individualist, “patterns”-based, and ideology-based theories of institutional racism. It rejects an individualist explanation of institutional racism because such an explanation fails to explain the widespread prevalence of anti-black racism in this system or indeed in the United States. It considers a “patterns” account of institutional racism, where consistent patterns of disparate racial effect mimic the structure of intentional projects of racial subjugation like (...) slavery or Jim Crow. While a “patterns” account helpfully directs attention to the effects of policies and practices that make up an institution, it does not fully explain the deep roots of anti-blackness in the criminal justice system in the United States. The paper concludes by defending an ideology-based theory of institutional racism for understanding the criminal justice system because the stereotype of the black criminal has a mutually reinforcing relationship with the patterns of disparate outcome for black people in the criminal justice system. This relationship creates a looping effect where the stereotype of the black criminal fuels the disproportionate involvement of black people in the criminal justice system, and the disproportionate representation of black people with felony records, in prisons, brutalized in police encounters, and so on reinforces the idea that black people are especially prone to criminality. Ideological approaches to racism that integrate attention to the patterns of disparate effect best explain what it means to say that the criminal justice system is racist. (shrink)

The treatise on justice in Nicomachean Ethics 5 reports that the 6th C. sage Bias claimed that “ruling shows the man” (ἀρχὴ ἄνδρα δείξει [EN 5.1.1130a1–2]). How ought we understand such a claim? Prominent, in the last thirty years, are interpretations that claim that Aristotle espouses a doctrine of “political naturalism” that views the political community as “natural” (rather than a social contract, like the conventionalism found in theorists such as Hobbes, Locke, and Rousseau) in which individuals make quasi-rights claims (...) against others, including those in political power who rule over them, based on a natural teleology that governs humans. Rather than interpret Bias’ pithy remark through the anachronistic hermeneutical lens of “political naturalism” (a term that appears nowhere in Aristotle’s writings), my book examines the remark (and Aristotle’s philosophy of human things more generally) within an historic-critical hermeneutical framework that aims to understand Aristotle’s treatises within the historical context of 4th C. BCE Greece. The book includes chapters on both Nicomachean Ethics 5 and all books of the Politics. (shrink)

The paper explores the logical structure of Rawlsian justice principles in order to see whether their justificatory or explanatory conditions are unproblematic. To facilitate this purpose, drawing on readers of Rawls, the author shows that the Aristotelian principle is used to explain the principles of rational choice, particularly the principle of inclusiveness. Then, on the basis of the Aristotelian principle, Rawls justifies his conclusion, via the principles of rational choice and the theory of primary goods. After figuring out the logical (...) structure of justice as fairness, the author deals with the central objective of the paper, where he exposes some problems suffered by the motivational basis of the principles of justice. The foundation on which Rawls grounds his principles of justice is problematic, and consequently, they remain as matters of contention as of today. (shrink)

Individuals with ‘severe’ cognitive disabilities are primarily discussed in philosophy and bioethics to determine their moral status. In this paper it is argued that theories of moral status have limited relevance to the unjust ways in which people with cognitive disabilities are routinely treated in the actual world, which largely concerns their relegation to an inferior social status. I discuss three possible relationships between moral and social status, demonstrating that determinate answers about the moral status of individuals with ‘severe’ cognitive (...) disabilities are neither necessary nor sufficient for defending the imperative that they be treated as our social equals. (shrink)

The setting of evidential standards is a core practice of scientific assessment for policy. Persuaded by considerations of inductive risk, philosophers generally agree that the justification of evidential standards must appeal to non-epistemic values but debate whether the balance of non-epistemic reasons favours varying evidential standards versus maintaining fixed high evidential standards in assessment, as both sets of standards promote different and important political virtues of advisory institutions. In this paper, I adjudicate the evidential standards debate by developing a novel (...) argument from justice, drawing on the IPCC’s assessment of climate impacts as a case study. I argue that in assessments marked by background evidential inequality, maintaining fixed high evidential standards results in an unequal distribution of ‘epistemic power’ among stakeholders, producing a ‘powerful assessment’ for the data-rich (a high rate of findings) and a ‘weak assessment’ for the data-poor (a low rate of findings). Where such inequalities of epistemic power disadvantage those in data-poor regions with respect to fundamental interests, such as basic human rights, we have decisive reasons of justice to vary evidential standards. (shrink)

The revival of republicanism was meant to challenge the hegemony of liberalism in contemporary political theory on the grounds that liberals show insufficient concern with institutional protection against political misrule. This article challenges this view by showing how neorepublicanism, particularly on Philip Pettit’s formulation, demands no greater institutional protection than does political liberalism. By identifying neutrality between conceptions of the good as the constraint on institutional requirements that forces neorepublicanism into the liberal framework, the article shows that neutrality is what (...) neorepublicans must jettison to offer a tenable critique of liberalism. Only then can neorepublicans ensure greater protection against misrule by demanding that citizens participate more actively in politics. They can then also criticize liberalism for failing to appreciate the importance of such protection. (shrink)

This article focuses on the challenge of determining the relative weight of domestic and global justice demands. This problem concerns a variety of views that differ on the metric, function, scope, grounds and fundamental interpretation of justice norms. I argue that domestic and global economic justice are irreducibly interdependent. In order to address their exact relation, I discuss and compare three theoretical models: (i) the bottom-up-approach, which prioritizes domestic justice; (ii) the top-down-approach, which prioritizes global justice; and (iii) the horizontal (...) framework, according to which both domestic and global principles pose equally stringent demands that are to be implemented horizontally, without attributing a simple priority to one over the other. I argue that the third model represents the best overall framework, although more complex normative criteria need to be elaborated on the basis of this approach, affecting issues such as justice in climate change mitigation and adaption, development cooperation, trade, finance, taxation and immigration. (shrink)

Adentrarse en el pensamiento político de la Grecia clásica es retornar a las acepciones éticas proferidas por los filósofos de ese momento, como, en este caso, de Platón y de su discípulo Aristóteles, cuyos intereses por la comprensión racional de la conducta humana no eran más que una diáfana preocupación por la consecución del bienestar de los individuos al interior de las ciudades griegas, donde se consideraba de gran importancia la formación de ideas, instituciones y asociaciones. En efecto, los vínculos (...) sociales y la configuración de actitudes que decantan en el objetivo del bienestar social implican una atención especial al concepto de ética-política, en tanto que la incorporación de acciones regidas por la razón determina las relaciones entre los individuos de una misma nación. Teniendo esto en cuenta, en el presente artículo se expone la acepción aristotélica de justicia, con el objetivo de precisar la importancia de dicha virtud en el nexo ético-político de la Grecia clásica, periodo al que asistió el mismo Aristóteles. (shrink)

If, as asserted by the French collective Tiqqun, we are essentially living in a global colony, where the 1% control the 99%, then it follows that the revolutionary struggle should strategically reorient itself as guerrilla warfare. The agents of this war, Tiqqun characterize, in part, by drawing on ethnologists Pierre de Clastres and Ernesto de Martino, specifically their figures of the Indigenous American warrior and the Southern Italian sorcerer, respectively. Hybridizing these two figures into that of the “warrior-mage,” the present (...) article posits an actionable exemplar thereof in players of the massively popular trading and online card game, Magic: The Gathering (MTG). More specifically, I propose a strategic mapping of MTG’s five colors of magic onto the five divisions of a coalition against late capitalist Empire, which I call the “Warrior-Mage Guild,” including liberation clerics, animal rights activists, propagandists, anti-psychiatrists, hackers, saboteurs, and those who threaten decolonizing force contra Empire. (shrink)

Public reason liberalism is the political theory which holds that coercive laws and policies are justified when and only when they are grounded in reasons of the public. The standard interpretation of public reason liberalism, consensus accounts, claim that the reasons persons share or that persons can derive from shared values determine which policies can be justified. In this paper, I argue that consensus approaches cannot justify fair educational policies and preserving cultural goods. Consensus approaches can resolve some controversies about (...) teaching values in the educational system, such as curriculum choice. But they cannot determine which culture goods, e.g., architecture, artwork, or language ought to be preserved in the education system. Consensus approaches cannot fairly resolve competing claims about these kinds of disputes. -/- I propose that convergence accounts of public reason, which allow individuals to draw on their own comprehensive doctrines in limited ways, can remedy these weaknesses in the mainline public reason tradition. The convergence approach can justify a pluralist state that can advance valuable community goods. John Henry Newman’s advocacy of liberal arts education finds resonance in other cultures, notably among Confucians, illustrating that there can be a shared moral vision and inquiry into the good life across deep substantive disagreements about educational values and policies, once we expand our notion of justification to be more inclusive. (shrink)

In this article, I examine a case involving an equity-minded parent caught in a quandary about which school to select for her child, knowing that her decision may have consequences for others. To do so, I heuristically construct a fictional portrait and explore the deliberative process a parent might have through a dialogue taking place among ‘friends’, where each friend personifies a different set of ethical considerations. I then briefly consider two competing philosophical assessments but argue that neither position helpfully (...) assists in resolving the quandary. To conclude, I ask the provocative question whether parental motives – but also their school choices – actually matter if the inequitable outcomes seem to remain unchanged. (shrink)

A recent (2020) special issue in Critical Philosophy of Race dedicated to Maria Lugones illustrates and thematizes the continuing challenge of (re)constructing coalitions among Latina and Black feminists and their allies. As one proposed solution to this challenge, in their guest editors’ introduction to that special issue, Emma Velez and Nancy Tuana suggest an interpretive “dancing with” Lugones. Drawing on my own “dancing-with” interpretive method (which significantly predates that special issue), in the present article I choreograph an interpretive duet between (...) Lugones and Saidiya Hartman. My first section retraces Lugones’ essay on queering tango as a decolonizing practice, and how the latter echoes Marta Savigliano’s Tango and the Political Economy of Passion. My second section then utilizes Lugones’ queering of tango as a lens for interpreting her magnum opus, Pilgrimages/Peregrinajes, emphasizing the dance-resonance of its central concepts, including “playfulness” reinterpreted as a “dance-fulness” that empowers the peregrina’s “world-traveling.” My third section identifies this dancing peregrina’s world-traveling with the wayward young Black female chorus member, or “chorine,” at the center of Saidiya Hartman’s tour de force history, Wayward Lives, Beautiful Experiments. And my conclusion names chorines of color in Afro-Latin social dance communities today as exemplary agents for empowering coalitions among Latina and Black feminists and allies. (shrink)

This paper explores the relations between self-esteem and competition. Self-esteem is a very important good and competition is a widespread phenomenon. They are commonly linked, as people often seek self-esteem through success in competition. Although competition in fact generates valuable consequences and can to some extent foster self-esteem, empirical research suggests that competition has a strong tendency to undermine self-esteem. To be sure, competition is not the source of all problematic deficits in self-esteem, and it can arise for, or undercut (...) goods other than self-esteem. But the relation between competition and access to self-esteem is still significant, and it is worth asking how we might foster a desirable distribution of the latter in the face of difficulties created by the former. That is the question addressed in this paper. The approach I propose neither recommends self-denial nor the uncritical celebration of the rat race. It charts instead a solidaristic path to support the social conditions of the self-esteem of each individual. The paper proceeds as follows. I start, in section 2, by clarifying key concepts involved in the discussion. In section 3, I identify ten mechanisms that support individuals’ self-esteem and impose limits on competition. I focus, in particular, on the challenges faced by people in their practices of work. In section 4, I outline prudential and moral arguments to justify the use of the proposed mechanisms. Section 5 concludes with remarks on the role of social criticism in the processes of change implementing the mechanisms. (shrink)

Researchers and activists are increasingly drawing on the practice of collecting, archiving, and sharing stories to advance social justice, especially given the low cost and accessibility of digital technologies. These practices differ in their aims and scope yet they share a common conviction: that digital storytelling is empowering especially when curating and disseminating life stories of marginalized groups. In this paper, I question this conviction and ask: is it possible that such practices take away from what is found to be (...) meaningful and worthwhile in practices of storytelling and listening, and, if so, how? To answer this question, I argue for a renewed attentiveness to story scenes, highlighting the inherently relational nature of storytelling and listening. I examine this relational nature through a fictional account that exemplifies storied encounters and demonstrates the ethical issues they entail through three themes—reciprocity, responsiveness, and communion—borne out of the plurality of philosophical positions on what it means to relate to another. I explain each of these themes as a starting point for thinking through how digital storytelling may be just, with implications for participatory methods in science and technology studies, design studies, and human-computer interaction inclusive of participatory design, co-design, ethnographic research, and participatory action research. (shrink)

We set out longtermist political philosophy as a research field by exploring the case for, and the implications of, ‘institutional longtermism’: the view that, when evaluating institutions, we should give significant weight to their very long-term effects. We begin by arguing that the standard case for longtermism may be more robust when applied to institutions than to individual actions or policies, both because institutions have large, broad, and long-term effects, and because institutional longtermism can plausibly sidestep various objections to individual (...) longtermism. We then address points of contact between longtermism and some central values of mainstream political philosophy, focusing on justice, equality, freedom, legitimacy, and democracy. While each value initially seems to conflict with institutional longtermism, we find that these conflicts are less clear-cut upon closer inspection, and that some political values might even provide independent support for institutional longtermism. We end with a grab bag of related questions that we lack space to explore here. (shrink)

This paper examines two ideas of John Rawls that are rarely discussed in conjunction: pure procedural justice (PPJ) and property-owning democracy. Applied to matters of distribu- tion, PPJ orders the establishment of fair procedures under which any private transaction can be considered just. It aims to secure equality without fixating on patterns of distribu- tion. How such an approach is constituted and how it applies to different stages of theori- sation are explored. Three components of PPJ and three guidelines for (...) its institutionalisa- tion are identified. As such, PPJ also provides a backbone to property-owning democracy. The understanding of property-owning democracy as an institution of PPJ helps us assess various interpretations and refinement of property-owning democracy. (shrink)

This article delves into the concept of bringing justice to the world and creating a society of equals. It questions why achieving such a society seems difficult and explores the political means to attain it. The essay also examines the relationship between emancipation and politics. It references Terry Eagleton's book, "Why Marx Was Right," which addresses similar questions. The central argument of the essay is that contrary to anti-utopianism, only utopia can fulfill the aspiration for a better future. The essay (...) aims to revive the idea of utopia, rescuing it from its perceived tragic fate. It draws inspiration from thinkers such as Kolakowski, White, Bloch, and Jameson, who, although influenced by Marxism, provide a sense of hope and the belief that one-day humanity will no longer desire further change. (shrink)

What sort of moral theory should we view Saint Anselm of Canterbury as holding and using in his writings? In this paper, I argue that Anselm is best understood as a virtue ethicist. In the first part of the paper, I consider whether his approach could be understood in terms of deontological or natural law theories. In the second, I make a case for Anselm being a virtue ethicist. In the third part, I focus on this theme as found in (...) treatises published during Anselm’s lifetime. In the fourth, I look at other texts within the Anselmian corpus, notably the De humanibus moribus and the Dicta Anselmi. In the fifth and sixth parts, I turn to Anselm’s letters, focusing first on general discussions, and then on discussions focused upon specific virtues and vices. -/- . (shrink)

The idea of dignity is pervasive in political discourse. It is central to human rights theory and practice, and it features regularly in conceptions of social justice as well as in the social movements they seek to understand or orient. However, dignity talk has been criticized for leading to problematic exclusion. Critics challenge it for undermining our recognition of the rights of non-human animals and of many human individuals (such as children, the elderly, and people with disabilities). I argue that, (...) on a plausible articulation of it, the idea of dignity does not lead to these exclusions, and that it in fact helps defend an appropriately inclusive moral and political treatment of all individuals. Difficult issues about equality and diversity indeed arise, but a dignitarian approach can provide good answers to them or at least help make them clearer and more tractable. (shrink)

In this chapter I will concentrate on compromise in ethical conflict and disagreement. I will discuss compromises related to disagreement with respect to public decisions between options that represent conflicting incommensurable human values. The central question will be whether in those cases a principled compromise is possible. A ‘principled compromise’ can be defined as a rational way to achieve a trade-off or balance between conflicting values, for instance, by rational assignment of relative weights. I will argue that in some cases (...) incommensurability will prevent a principled compromise in the defined sense. I will show why phrases used by some philosophers, such as ‘making a rational trade-off’, ‘striking the right balance’, ‘finding the Aristotelian Mean’ or ‘splitting the difference’, are based on misunderstandings about the characteristics of incommensurable values that are usually at stake in the pursuit of a compromise. I will show that incommensurable values lack an equivalence relation and how this prevents a determinate trade-off or balance between them. This is especially important with respect to the pursuit of compromises in ethical conflicts, including conflicts of justice, where we need a rational and ethical justification for the final decision. I will argue that the model of deliberative democracy presents a promising procedure for making the final decision legitimate but that, in the relevant cases, it cannot avoid an ethical deficit. (shrink)

Michael Wendeler’s disputation on the Turkish republic is a discussion of Ottoman history, political philosophy, and the concept of monarchy and tyranny. Half of his disputation concerns the identification of the Turks with the little horn which arises on the head of the fourth beast in the prophet’s vision described in the Book of Daniel 7:1–28. Giving copious historical references, Wendeler explains that this little horn cannot be referring to Christ as the Jews believe, nor to the Seleucid monarch Antiochos (...) Epiphanes as the Calvinists believe. Nor can it be identifed with the Antichrist as the Catholics believe. Wendeler puts forth a detailed argument that the little horn on the fourth beast in the prophecy of Daniel can only be identified with the Turkish monarch (Ottoman Sultan). In conclusion, Wendeler draws a parallel between the monstrous ‘little horn’—the tyrannical Turkish monarchy—and the tyranny of the Catholic Church, exemplified by the untrustworthy Pope and the satanic writings of the Catholic Machiavelli. (shrink)

A number of recent articles have invoked the republican ideal of non-domination to justify either open borders, and/or the reduction of states’ discretionary powers to unilaterally determine immigration policy. In this paper, I show that such arguments are one-sided, as they fail to fully account for the deep ambiguity of the very ideal which they invoke. In fact, non-domination lends just as powerful support to maintaining state border controls as it does to dismantling them. There are only two exceptions to (...) the rule. It is well established that promoting non-domination demands, one the one hand, that refugees be admitted, and second, that all migrants have a right to contest decisions concerning their own admission. But aside from these things, the policy implications of the ideal are unclear. In itself, therefore, it is insufficient to justify either open borders, or the reduction of states said discretionary powers. Such arguments will have to rely on other, additional moral criteria. -/- . (shrink)

Disparities in educational outcomes between Māori and non-Māori students remain a pressing concern in New Zealand. Recent policy documents framed through notions of 'effectiveness' champion culturally responsive pedagogies (CRPs) to address the achievement gap in mainstream secondary schools. Here, I interrogate this claim through close analysis of the Te Kotahitanga project led by Russell Bishop which, despite extensive government support, including a $42 million investment to restart the initiative, has limited conceptual and empirical grounding. I then consider broader understandings of (...) effectiveness that might better capture the benefits of CRPs but argue, drawing on social realist criticism, that some practices may paradoxically lead to poorer educational experiences for many Māori students by restricting access to disciplinary knowledge. I conclude that CRPs have variable effectiveness and are unlikely – on their own, at least – to greatly improve educational outcomes for Māori. (shrink)

Criminal justice is primarily designed to serve the public interest in relation to criminal acts. Restorative justice is designed to address the harm-related needs of individuals in the aftermath of wrongdoing. These distinct aims require such different processes and priorities that any attempt to integrate restorative justice within the criminal justice system will almost invariably undermine the quality and effectiveness of both. In this book, the author argues that the optimal relationship between the two should therefore be one of maximum (...) independence: the instruments of the state should not be used to impose or enforce the decision to participate in restorative justice, any component of the restorative justice process or its outcome. It is also suggested that, in the absence of legislative innovation, this kind of separation is likely to require that restorative justice is situated after a case has actually exited the justice system, or after it has, in legal terms, effectively done so, as in a post-sentence context. [Note: The publisher offers a 40% discount on this book (conditions apply). Please see the author's website: "Relational Approaches" for details.]. (shrink)