Justice

Relational egalitarianism holds that people should live together as equals. We argue against the received wisdom amongst both friends and foes of relational egalitarianism that it fails to provide a theory of intergenerational justice. Instead, we argue that relational egalitarianism is concerned with social equality amongst future contemporaries, and that this commitment gives rise to duties of justice for current generations that can be grounded in the idea of generational overlap. In doing so, we argue that that the scope of (...) relational egalitarian concerns extends beyond generations amongst whom social relations exist. (shrink)

In the wake of the nonideal theory turn in political philosophy, few have paused to ask: Is nonideal theory a form of ideology? And perhaps even fewer have paused to ask: Is the debate between ideal/nonideal theorists itself a form of ideology? To the first question, I argue that nonideal theory is ideological in virtue of the fact that it rules out more utopian ways of theorizing by methodological fiat, and in so doing, risks entrenching an unjust status quo. To (...) the second question, I argue that the debate between ideal/nonideal theorists is itself a form of ideology, one which serves to reinforce the status quo by convincing political philosophers/theorists that the most pressing problems are problems about what we should think about what we are doing. But this is false. An upshot of my argument is that we ought to abandon the ideal/nonideal theory debate and address the pressing problems of political philosophy head-on in pluralist fashion, oscillating back and forth between these two modes of theorizing without a decision procedure to tell us when we should take up one perspective or the other. (shrink)

The orange hand is waving frantically broh. Ought we to jump into the river or not? Stay tuned for a collection of thoughts riddled with noetic contradictions and repurposed political anxiety. Resist in whatever way presents itself to you broh. Then abide.

Claims about what justice “requires” and the “requirements” of justice are pervasive in political philosophy. However, there is a highly significant ambiguity in such claims that appears to have gone unnoticed. Such claims may pick out either one of two categorically distinct and noncoextensive kinds of requirement that we call 1) requirements-as-necessary-conditions for justice and 2) requirements-as-demands of justice. This is an especially compelling instance of an ambiguity that John Broome has famously observed in the context of claims about other (...) requirements (notably the requirements of rationality and morality). But it appears to have been overlooked by political philosophers in the case of claims about the requirements of justice. The ambiguity is highly significant inasmuch as failing to notice it is liable to distort our normative thinking about politics and make us vulnerable to certain kinds of normatively consequential errors: both mistakenly drawing inferences about what justice demands of us from claims that certain states or societies are not just; and mistakenly drawing inferences about what states or societies are or would be just from claims that justice does not demand of states or societies that they do certain things. Paying greater attention to the distinction between these two different kinds of requirements and the ways in which they come apart is helpful, not merely in avoiding these distortions and errors, but also in resolving, or at least clarifying, a number of other notoriously murky meta-normative debates, especially various important debates about realism and idealism in political philosophy. (shrink)

Construed as a theory of justice, relational egalitarianism says that justice requires that people relate as equals. Construed as a theory of what makes democracy valuable, it says that democracy is a necessary, or constituent, part of the value of relating as equals. Typically, relational egalitarians want their theory to provide both an account of what justice requires and an account of what makes democracy valuable. We argue that relational egalitarians with this dual ambition face the justice-democracy dilemma: Understanding social (...) relations in such a way that renders relational egalitarianism plausible as an answer to what makes democracy valuable comes at the price of understanding social relations in a way that makes it less plausible as a theory of justice, and vice versa. We also argue that there is no easy way out of the dilemma and that relational egalitarians, who want relational equality to provide both accounts mentioned, may simply have to set their ambitions lower on behalf of relational equality. (shrink)

Though Mathias Risse and Gabriel Wollner’s _On Trade Justice_ admirably incorporates the history of European philosophy and U.S. government, their otherwise reasonable proposals rest on dubious grounds. The book derives both much of its appeal, and its primary vulnerability, from a cluster of central terms that are situated precariously at the intersection of metaphors and concepts, or what Lakoff and Johnson call “metaphorical concepts.” In this article, I explore the three most important such terms, as featured in the following paraphrase (...) of theirs: “_Trade_ is an _embedded ground_ of justice.” For each italicized term, I conclude, Risse and Wollner vacil-late between its most conceptual and metaphorical meanings, thereby attempting to (a) stretch “trade” to identify prehistoric exchange with global capitalism, so as to (b) rebrand the contextual “ground” of this universal activity as a foundation, even though (c) foundations “embedded” in other foundations simply reduce to their lowest common denominator. The latter, in this case, is global capitalism, the most immoral practices of which they are thereby pressured to defend, including temporary forms of the very exploitation that they so persuasively reconceive and otherwise condemn. (shrink)

The income gap between women and men expands with age, culminating in a gender pension gap in old age that is much larger than pay gaps earlier in life. In this article, I question two attempts to justify gender pension gaps. One insists that lower financial contribution justifies women's lower overall pensions. The second states that women must receive less monthly because they live longer. I argue that neither of these reasons is fair in a gender-unjust world. Rather than justifying (...) pension gaps, female longevity is an opportunity to promote gender justice: by subsidizing longer lives, old-age redistribution attenuates lifetime gender inequality. In the case of retirement pensions, the use of age to promote gender equality may be preferable to explicit gender differentiation. There is, then, a feminist case for old-age redistribution. (shrink)

This article explores and evaluates recent conceptual and theoretical developments in the literature on climate justice. Initially shaped by the first generation of IPCC reports and rooted in applied ethics, early climate justice debates framed the climate crisis mainly as a mitigation issue, exacerbated by global and intergenerational collective action dilemmas, requiring ethical principles for resolution. However, with increasingly dire climate forecasts and the policy inertia of the past three decades, climate justice theories have shifted toward a political economy-centered approach. (...) This shift reframes the issue from simply setting just emissions standards to addressing questions of productive justice within a historically situated global energy regime. The article concludes by addressing two critical challenges for production- focused climate justice theories: how to implement radical political action and how to reconceptualize our normative relationship with future generations. (shrink)

This paper criticises the two prominent interpretations of utopianism in Plato's Republic. The traditional argues that it is mere utopianism, seriously proposing that Kallipolis is, in fact, the ideal city. The ironic argues that the Republic is a critique of the ability for reason to reconstruct human nature and is, therefore, a dire warning against utopian thinking in politics. I oppose these two interpretations and instead argue that the Republic implies a paradoxical necessity in the nature of utopianism: The ideal (...) cannot be theorised without itself being conditioned by the politics of theorising, and yet the politics of theorising is immanently motivated by the ideal. I locate this seemingly antonymic dynamic within the education of the learner/citizen in the Republic. Although this is centred on the notion of self-governance, it cannot be imposed and instead depends on the philosophical development of one's soul that is inextricably linked to justice in the city. Therefore, the utopianism of the Republic ought to be thought of as dialectical, being simultaneously situated and yet normatively transcending. (shrink)

This paper is about why voluntary associations, such as churches, unions and political parties, are subject to natural justice requirements in common law: in other words, why they are required to treat their members fairly. These requirements are typically imposed (under the name of procedural fairness) by public law on exercises of state authority, but voluntary associations do not exercise state authority. Voluntary associations are set up in private law, as structures of property and contract, but property and contract law (...) do not ordinarily require rights to be exercised in accordance with natural justice. What is needed is an account which locates voluntary associations within private law while adverting to what they have in common with the state: that they make and apply rules to facilitate human interaction. I propose such an account, drawing on an idea from Lon Fuller. Natural justice requirements on voluntary associations are grounded in the rule of law. (shrink)

Pogge’s 2006 framework of global justice can be adapted for individual agents or collective unilateral donations in the same way Singer’s framework has been. I do so by amending Pogge’s institutional principles for international human rights NGOs and by adding two further principles to address challenges that arise when his framework is applied. This adapted framework enjoins donors to make principled philanthropic decisions that prioritize existing and near-term suffering, while also rectifying their part in causing this suffering. It makes Pogge’s (...) negative duty account easier to implement than his previous proposal, and provides well-off individuals with an alternative to Effective Altruism. (shrink)

Wie sollen individuelle, miteinander konkurrierende Ansprüche gegeneinander abgewogen werden? Die gerechtigkeitstheoretischen Herausforderungen wachsen, wenn künftige Personen mit einbezogen werden. Mit dem Schritt von rein intra- zu intergenerationeller Gerechtigkeit sind die Ansprüche nicht mehr nur im Raum, sondern auch in der Zeit verteilt. Dieser Beitrag widmet sich der Frage, auf welche Weise die so verteilten Ansprüche zusammengeführt werden sollen. Dazu wird zwischen einer synchronen und einer diachronen Gerechtigkeitskonzeption unterschieden. Erstere sieht die zeitliche Dimension als Erweiterung der räumlichen: Zunächst setzt sie jene (...) Ansprüche, die zu einem gegebenen Zeitpunkt innerhalb einer Generation existieren, zueinander in Beziehung. Die so zusammengeführten generationellen Ansprüche werden anschließend entlang der Zeit gegeneinander abgewogen. Letztere hingegen verwirft die Generation als relevante Gruppe, um die Bedürfnisse des Individuums zu vertreten. Stattdessen basiert sie auf der Idee transgenerationeller Gemeinschaften. Sie stellt individuelle Ansprüche zunächst innerhalb der jeweiligen, zeitlich ausgedehnten Gemeinschaft einander gegenüber. Anschließend setzt sie dann diese Gemeinschaften zueinander in Beziehung. Bestehende Theorien generationenübergreifender Gerechtigkeit verfolgen dabei zumeist eine Extensionsstrategie: Sie erweitern eine bestehende intragenerationelle Theorie um die zeitliche Dimension hin zur Intergenerationalität. Dies entspricht einer synchronen Konzeption, die jedoch oftmals nichts expliziert wird. Demgegenüber entwickelt der Beitrag zwei Argumente für die diachrone Alternative. Konzentrieren wir uns weniger auf Forderungen ganzer Generationen, sondern auf Bedürfnisse künftiger Mitglieder unserer transgenerationellen Gemeinschaften, so werden wir, erstens, der motivationalen Herausforderung besser gerecht werden. Sie besteht in der Beantwortung der Frage, warum wir im heutigen Handeln überhaupt Raum für nachfolgende Interessen schaffen sollten. Innerhalb transgenerationeller Gemeinschaften stehen diese nachfolgenden Interessen jedoch nicht in Isolation, sondern sind durch Interaktion innerhalb der Gemeinschaft geprägt und erlauben uns damit, unsere eigenen Interessen über das eigene Leben hinaus zu verwirklichen. Zweitens können wir so auch der epistemischen Herausforderung begegnen. Diese stellt sich angesichts der Frage, worin eigentlich die nachfolgenden Interessen bestehen. Greifen wir sie nicht als kollektive Wünsche ganzer Generationen auf, sondern als die Pläne und Projekte künftiger Mitglieder unserer Gemeinschaft, so wird es leichter sein, vom Heute auf die Zukunft und ihre Bedürfnisse zu schließen. Die Forderung, künftige Ansprüche im heutigen Handeln zu berücksichtigen, wirft die Frage nach dem ‚Warum‘ und die nach dem ‚Wie‘ auf. Beiden kann eine diachrone Konzeption intergenerationeller Gerechtigkeit eher begegnen. (shrink)

Defenses of political obligation—the pro tanto obligation to obey the law because the state commands it—often operate at or near the level of ideal theory. Critics, though, increasingly question that approach’s relevance for the imperfect states that exist. This article develops a lesser evil framework to evaluate political obligation with several advantages over more ideal approaches: (1) avoids the questionable assumption that some actual states are reasonably just, (2) recognizes that context matters for political obligation, (3) captures the complicity involved (...) in obeying the state, and (4) identifies a basis—varying intuitions on lesser evil justifications—to distinguish philosophical anarchism from conceptions of political obligation without the former collapsing into the latter. We remain agnostic on whether this framework establishes political obligation to any state but argue that it offers a compelling account of the moral dilemma of obeying the state under nonideal conditions. (shrink)

Rawls famously argues that the parties in the original position would agree upon the two principles of justice. Among other things, these principles guarantee equal political liberty—that is, democracy—as a requirement of justice. We argue on the contrary that the parties have reason to reject this requirement. As we show, by Rawls’ own lights, the parties would be greatly concerned to mitigate existential risk. But it is doubtful whether democracy always minimizes such risk. Indeed, no one currently knows which political (...) systems would. Consequently, the parties—and we ourselves—have reason to reject democracy as a requirement of justice in favor of political experimentalism, a general approach to political justice which rules in at least some non-democratic political systems which might minimize existential risk. (shrink)

Karl Widerquist is one of the world’s leading theorists and proponents of Universal Basic Income (UBI). His argument for UBI, however, is only one important cornerstone of his broader theory of justice and freedom. This theory entails a critical reassessment of the justification and proper scope of property rights. This is the task of The Problem of Property, a nifty little book which originates in previously unpublished parts of his doctoral thesis—the same thesis that formed the foundation of his Independence, (...) Propertylessness, and Basic Income: Freedom as the Power to Say No (2013, New York: Palgrave MacMillan). The current book is thus a welcome companion piece to that magnum opus. At the same time, The Problem of Property, thanks to its brevity and clarity, is a decent standalone introduction to Widerquist’s philosophy. While some fans of his previous works might be disappointed that UBI takes an unexpected backseat, the book’s narrow critical focus on the normative justifications of property rights makes it a goldmine for political philosophers. Even Lockean right-libertarians, his ostensible main targets, should find its freedom-based arguments familiar and easy to grasp, even if they may be puzzled by some of the radical conclusions that he draws from them. (shrink)

The notion of equality attracts both proponents and critics of nonmonogamy. Inequality is a widely discussed objection to nonmonogamy. Simultaneously, equality is highlighted as a core value in ethical nonmonogamy. The notions of equality and inequality in these debates have not been clearly conceptualized. In order to propose a conception of egalitarian nonmonogamy, it is important to first understand possible inequalities within it. This paper establishes a clearer and in-depth understanding of inequalities in nonmonogamy by categorizing inequalities in traditional polygamy (...) into different kinds. I argue that these inequalities are generally unjust. Although these inequalities are common in traditional polygamy, the objection that polygamy—as a type of marriage—is inherently unequal and unjust is not a convincing argument. By contrast, not all kinds of equality—such as equal love or equal number of partners—are morally significant. I conclude this paper by providing some groundwork for future research on egalitarian nonmonogamy. (shrink)

This chapter explores the conceptual relation of facts about racial injustice to two key aspects of Rawls’s ideal theory. First, it explains why Rawls excludes race from his representation of a well-ordered society and why he believes this exclusion does not mean that justice as fairness cannot support racial justice. Second, it considers three recent accounts of the justificatory role of facts about racial injustice in justice as fairness, focusing on the methods of the Original Position and Reflective Equilibrium. It (...) concludes with a reinterpretation of the method of Reflective Equilibrium that shows why it provides a promising pathway for showcasing the explicit role of facts about racial realities in ideal theory. Namely, their consideration can add justification to the idea of justice as fairness. (shrink)

The text—drawing inspiration from the tale of the three waves in Plato᾿s Republic—focuses on the final journey of Odysseus, foretold by Homer’s Teiresias in the Odyssey. This journey—undertaken alone with an oar on his shoulder to a land where people know nothing of the sea—represents a stage in the path of moral maturation, essential for achieving a serene old age, concluded with a gentle death among happy people, and a fulfilled life. It symbolizes the path to a confrontation with something (...) beyond ordinary experience. Plato points to the need for a similar journey, as in the Allegory of the Cave, where the most important lessons are learned not from others but through individual effort, by turning away from what we know in everyday life. At the end of his final journey, Odysseus is to face the question of whether the oar he carries, symbolizing the hardships of his journey back from Troy to Ithaca, is in fact a winnowing fan—a farming tool used to separate the grain from the chaff. The final journey is essential to—using Plato’s language—achieving inner harmony, which is the basis of justice, a virtue Odysseus appears not to have fully attained before this journey. (shrink)

Limitarianism holds that there is an upper limit to how many resources, such as wealth and income, people can permissibly have. In this article, I examine the conceptual structure of limitarianism. I focus on the upper limit and the idea that resources above the limit are ‘excess resources’. I distinguish two possible limitarian views about such resources: (i) that excess resources have zero moral value for the holder; and (ii) that excess resources do have moral value for the holder but (...) that their claim to such resources is outweighed by other normative concerns. Moreover, I argue that, depending on the values limitarianism seeks to promote, limitarians should care about the number of people with excess resources or the total amount of excess resources (or both), that they can adopt redistributive measures and/or predistributive measures, and that some versions of limitarianism should take into account the distribution of risk among those above the riches line. (shrink)

This Correspondence argues in response to Coolsaet et al. (2024) that there is an important role to play for stance-independent justice discussions that are not tied to specific social, political or critical perspectives. These can be valuable for climate research audiences, but also as a basis upon which to critically debate and research injustices.

In a common, pejorative sense of it, ideology consists in attitudes whose presence contributes to sustaining, by making them seem legitimate, social orders that are problematic. An important way a social order can be problematic concerns the prospects for well-being facing the people living in it. It can make some people wind up worse off than they could and should be. They have “real interests” that are not properly served by the social order, and the interests aligned with it are (...) in fact “false,” merely “apparent,” or “distorted.” Ideology critique consists in part in noting the existence of such different interests, and in challenging the latter to facilitate the fulfillment of the former. This picture of ideology critique implies that ideology thwarts well-being. This paper aims to clarify, develop, and vindicate this picture. It argues that ideology critique should indeed draw (inter alia) on prudential considerations, and that a specifically objectivist view of well-being would be fitting. The fruitfulness of this approach is shown by exploring the specific case of the critique of working practices in contemporary capitalism. (shrink)

I argue that the blameworthy deserve to suffer in that they deserve to feel guilt, which is the unpleasant experience of appreciating one’s apparent culpability for having done wrong. I argue that the blameworthy deserve to feel guilt because they owe it to those whom they’ve culpably wronged to (a) hold themselves accountable, (b) manifest the proper regard for those whom they’ve wronged, and (c) appreciate their culpability for, and the moral significance of, their wrongdoing. And I argue that the (...) blameworthy must feel guilt to satisfy a–c. What’s more, I argue that, in thinking about whether the blameworthy deserve to feel guilt, we need to compare the world in which the blameworthy feel guilt to the world in which the non-blameworthy feel guilt, for, as I argue, it’s insufficient to compare only the world in which the blameworthy feel guilt to the world in which the blameworthy don’t feel guilt. (shrink)

Plato's _Republic_ divided subsequent study of justice in two, as a virtue of people and of institutions. Here, the start of a reunification is attempted. Justice is first understood personally as the virtuous mean between arrogance and servility, where just people properly respect themselves and others. Because justice requires that like cases be treated alike and self-respect is a special instance of respect generally, justice requires a single standard for self and others. In understanding justice in terms of respect, structural (...) analogies become apparent between “recognition” and “appraisal” respect, on the one hand, and Rawls' two principles of justice on the other. The present view is then compared to “social egalitarian” theories of justice and the essay concludes with a discussion of how mercy is related to justice and an explanation of why just people always look for reasons to mitigate blame and punishment but never to aggravate them. (shrink)

This commentary explores whether, in light of the 2024 uprising, Bangladesh Jamaat-e-Islami can participate in politics without acknowledging its role in the 1971 Liberation War. It contends that an apology from Jamaat is not merely a formality but a moral necessity. For Jamaat to claim legitimacy in a democratic Bangladesh, it must confront its past with honesty and integrity. Without a genuine apology, can the party realistically expect to build public trust and contribute to a future grounded in reconciliation? The (...) piece examines how such acknowledgment affects our nation’s political landscape, detailing the ontological, epistemological, ethical, and socio-political reasons why Jamaat’s apology is crucial for its survival in mainstream politics. (shrink)

White progressives in the U.S. are currently experiencing two profound reckonings that typically are assumed to be unrelated. On the one hand, the Dobbs verdict overturned the assumption that the right to choose with respect to abortion is too socially entrenched, juridically settled, or politically sacred to be denied. On the other hand, climatological conditions of possibility for comfortable existence are increasingly under threat in locales in which residents have come to expect to enjoy secure lives and livelihoods. This essay (...) highlights what Indigenous communities across the U.S. already know well. Namely, threats to reproductive freedom and climate crisis are neither new nor separable. Both phenomena have common colonial roots that continue to proliferate. Each is a result of the disruption and destruction of Indigenous kinship assemblages. Indeed, in aiming to remediate their current reckonings, white progressives routinely (if unthinkingly) support forms of settler state violence that perpetuate reproductive and climate injustice in Indigenous communities. We appeal to white progressives, notably including white feminists, to embrace the proposition that their reckonings cannot be properly understood, nor successfully addressed without prioritizing Indigenous futurity. We call for centering forms of Indigenous feminist praxis that facilitate robust Indigenous coalitions of anti-colonial resistance. (shrink)

Onychectomy involves the surgical amputation of a cat's claws. Tendonectomy entails surgically cutting tendons to prevent the extension and full use of a cat's claws. Both surgeries practically declaw cats and are not only painful but also associated with high complication rates. While feline declawing surgeries have been banned in various places around the world, they are still elective in many countries and U.S. states. This article provides an ethical analysis of declawing cats. It discusses the harms posed by feline (...) declawing surgeries, like pain and complications, which are not offset by any benefits to cats. Drawing on Martha Nussbaum's capabilities approach, it also offers an additional and broader ethical argument against declawing, namely that removing cats' claws is unjust because it thwarts important capabilities for feline flourishing (e.g., play, bodily integrity, control over one's environment). It concludes that declawing cats for non-medical purposes is unethical and must be opposed. (shrink)

At the heart of Jennifer Lackey's recent book is highly original work in identifying a form of testimonial injustice that is quite distinct from those hitherto identified. Since the publication of Miranda Fricker’s Epistemic Injustice there has been an enormous flurry of work done on injustices where people are wronged as givers of knowledge (testimonial injustice) or where people are wronged in their capacity as a subject of social understanding (hermeneutical injustice). Fricker’s focus in that book was on cases where (...) people are not believed or where deflated credibility is given to their word as a result of prejudice in the hearer . However, Lackey points out that there are many instances where people are wronged not by being granted too little credibility but by being given too much credibility. False confessions, guilty pleas, and eyewitness testimony are sometimes taken as sufficient to imprison people or even execute them, despite the fact that the testimony in question has been extracted through manipulation, deception, and coercion and despite the fact that other evidence is lacking or conflicts with the false confessions, guilty pleas, or eyewitness testimony. (shrink)

Can agents be duty-bound towards ends that are infeasible? Some scholars have endorsed a “feasibility constraint” on justice and answered that we cannot be duty-bound to bring about the infeasible. In this paper, I question whether the feasibility constraint on justice should still be endorsed and whether we are duty-bound to pursue some aims regardless of this constraint. I ask: Can an ethical agent be duty-bound to work towards bringing about a state of affairs that is desirable but infeasible? I (...) consider the climate crisis: climate justice may require us to work towards ends that may be infeasible, such as maintaining global climate warming below 1.5°C or mitigating climate change in a way that treats all people affected fairly. I argue that we may be duty-bound or obliged to work towards some desirable goals when faced with the infeasible and conclude that we should reject feasibility constraints on climate justice. (shrink)

While much has been said about what ought to be done about the statues and monuments of racist, colonial, and oppressive figures, a significantly undertheorised aspect of the debate is the aesthetics of commemorations. I believe that this philosophical oversight is rather unfortunate. I contend that taking the aesthetic value of commemorations seriously can help us a) better understand how and the extent to which objectionable commemorations are objectionable, b) properly formulate responses to aesthetic defences of objectionable commemorations, and c) (...) help us explore aesthetic solutions—for example, artistic interventions as counterspeech—to objectionable commemorations. Here, I propose that the aesthetic value of objectionable commemorations can amplify the force of the objectionable messages conveyed, and the moral disvalue of objectionable commemorations can hinder our appreciation of their aesthetic value. These two considerations shall help us answer the practical question of what to do about objectionable commemorations of apparently good aesthetic value. Both, I shall argue, give us further reason to remove, replace, recontextualise, or even vandalise objectionable commemorations. Sometimes we need to save the art from its own immorality to best respect its aesthetic value. (shrink)

Epistemic analyses of stereotyping describe how they lead to misperceptions and misunderstandings of social actors and events. The analyses have tended so far to focus on how people acquire stereotypes and/or how the stereotypes lead to distorted perceptions of the evidence that is available about individuals. In this chapter, I focus instead on how the stereotypes can generate misleading evidence by influencing the policy preferences of people who harbour the biases. My case study is stereotypes that relate to people living (...) in poverty. I show how these stereotypes influence policy choices in ways that generate misleading evidence about people living in poverty. I argue that the stereotypes generate the misleading evidence by supporting policies that restrict the agency of the people in poverty. In generating this misleading evidence, the stereotypes place additional constraints on the epistemic agency of everyone, making it harder for anyone, including those who do and those who do not endorse the stereotypes, to gain true beliefs about people living in poverty. Going forward, I conclude, adequate epistemic analyses of stereotyping ought to be more expansive, acknowledging both the way that stereotypes generate misleading evidence by constraining the agency of those stereotyped, and how we can all thereby be epistemically constrained by the stereotypes harboured by others. (shrink)

Many caregivers feel that they need to lie or withhold the truth from people living with dementia, but worry that, in doing so, they are violating a duty to tell the truth. In this article, I argue that withholding the truth from and, in limited circumstances, lying to people living with dementia is not only morally permissible, but morally required by a more general requirement that we treat each other as persons worthy of respect. I do so through an analysis (...) of the groundings of the duty to tell the truth, and a critical reflection on its cognitively ableist construction. (shrink)

The debate on ideal theory focuses mainly on whether it can provide a long-term target and a metric for assessing the justice of different institutional arrangements in non-ideal theory. Both critics and defenders of ideal theory typically overlook the role it plays in a model of fairness that can restrict the range of permissible arrangements under non-ideal conditions. In this paper, I explain ideal theory’s fairness role and its part in ensuring an institutional structure that benefits everyone in a society. (...) Critics of ideal theory therefore cannot reject it as simply useless. But I consider how they can question the attractiveness of an ideal-theory-based fairness constraint on non-ideal theory. (shrink)

While anthropogenic species extinctions can be considered morally problematic for a range of reasons, they can also be described as a problem of interspecies justice. That is the focus of this paper in which we argue that human-caused species extinctions can be integrated within a non-anthropocentric account of reparative justice that is significantly similar to how reparation is understood within political theory at large. An account such as this faces a series of difficulties, such as how to make right past (...) injustices against victims that do not exist any longer and which belonged to species now extinct. For that purpose, we offer an argument in favour of symbolic forms of reparation in the form of, amongst other things, the preservation and restoration of habitat to materially repair the interspecies justice relationship; as well as monuments and education to honour the nonhuman dead. (shrink)

This paper is about when associations, and in particular associations that are part of the state, should be treated as legal persons. I distinguish two forms of association – those that render coherent the agency of their members and those that are group agents – and argue that only the latter should be treated as persons. Following this, I discuss the conditions under which associations that are part of the state can legitimately be group agents.

Hannah Arendt’s politics is aesthetic rather than practical, motivated by enjoyment rather than well-being, and so it should be rejected. I begin with an account of aestheticism as the doctrine according to which seemingly non-aesthetic things are actually aesthetic, parts of a whole dimension of reality that we might simply call “the aesthetic.” We access it by taking a disinterested attitude, one that affirms things for their own sakes, and there are four ways of doing this: disinterested appreciating (e.g., of (...) beautiful art), fun playing, fantasizing, and putting on shows or spectacles. While Arendt’s politics takes a classical republican form that is like a competitive game, an analysis of her conceptions of acting and judging reveals that the modes of disinterested showing and appreciating are also present. Her philosophy has another motivation, however, alongside enjoying the aesthetic: the need to escape the reality of evil. (shrink)

It is often asserted that a liberal theory of political obligation is unattainable. This is, largely, because liberalism revolves around consent and hence, is supposed to be intrinsically inimical to the existence of state authority. However, there is at least one liberal proposal – the argument of fair play, that makes a plausible case for justifying the establishment of a coercive entity. The most popular contemporary version of it, which is offered by George Klosko, turns on the fact that non-excludable (...) goods cannot be exchanged based on consent. Instead, there must be enforceable, independent, objective standards of fairness that should govern the distribution of the effects of such goods. In this article, I argue that if Klosko’s account is correct, then not only the existence of non-excludable goods but also, the production and exchange of existentially significant excludable goods warrant an establishment of coercive authority. I argue that in this way, we can take an important step towards establishing a full-blown liberal theory of political obligation. (shrink)

Justice in production is concerned with ensuring the benefits and burdens of work are distributed in a way that is reflective of persons' status as moral equals. While a variety of accounts of productive justice have been offered, insufficient attention has been paid to the distribution of work's benefits and burdens in the future. In this article, after granting for the sake of argument forecasts of widespread future technological unemployment, we consider the implications this has for egalitarian requirements of productive (...) justice. We argue that in relation to all the benefits affiliated with work, other than undertaking social contribution, the technological replacement of work is unproblematic as these benefits could in principle be attained elsewhere. But because social contribution uniquely corresponds to work (when work is understood as more than a paid job), the normative assessment of technological unemployment will turn on the value that theories of justice give to contributive activity. We then argue that despite technological replacement being plainly beneficial insofar as it relieves persons from the burdens of work, such as dangerous work or drudgery, because the nature of care work makes it less susceptible to technological replacement, egalitarian concern will require the burdens of care work to be shared equally between individuals. (shrink)

Relational egalitarianism is a theory of justice according to which justice requires that people relate as equals. According to some relational egalitarians, X and Y relate as equals if, and only if, they (1) regard each other as equals; and (2) treat each other as equals. In this paper, we argue that relational egalitarians must give up 1.

(Early) Modern social contract theories reject the idea that legal and political institutions are grounded in an alleged natural ordering or hierarchy of human beings, and instead argue that only government by a public (and not private) authority can fulfil the idea of justice as freedom and equality for all. To be authoritative and not just powerful, governing institutions must be shared as ours in this irreducible sense. I first outline how Kant’s ideal account of rightful freedom brilliantly transforms this (...) tradition as found in the works of Hobbes, Locke, and Rousseau, before proposing a way to see Kant’s two-layered non-ideal theory—his accounts of human nature (“moral anthropology”) and historical societies (“the principle of politics”)—as complementing his ideal theory of rightful freedom. This enables us to envision a conception not only of rightful external freedom but of rightful human freedom in particular societies—with their histories—on planet Earth. With these arguments at hand, we can also better appreciate the importance of realizing that the four possible political conditions for Kant—anarchy, barbarism, despotism, and republic—are ideas of reason, which means that they are never perfectly realized. Hence, historical societies we are not either in the state of nature or in civil society. In addition, in historical societies founded on principles of freedom, there are pockets of injustice or pockets that are devoid of justice that can only be captured by means of one of the three political ideas that are not constitutive of the republican legal-political framework. Kant’s four ideas therefore give us more tools with which to capture the nature of different political forces and challenges facing us in our historical societies. (shrink)

Punishment involves the intentional infliction of harm and suffering. Both of the most prominent families of justifications of punishment – retributivism and consequentialism – face several moral concerns that are hard to overcome. Moreover, the effectiveness of current criminal punishment methods in ensuring society’s safety is seriously undermined by empirical research. Thus, it appears to be a moral imperative for a modern and humane society to seek alternative means of administering justice. The special issue of Diametros “The Abolition of Punishment: (...) Is a Non-Punitive Criminal Justice System Ethically Justified?” was brought into life precisely to give the authors a platform for such progressive inquiries. And it is now safe to say that this platform has been put to excellent use, since Valerij Zisman, Alexander Stachurski, Giorgia Brucato, Perica Jovchevski, Sofia M. I. Jeppsson, Stephen G. Morris, Benjamin Vilhauer, John Lemos, Saul Smilansky, Elizabeth Shaw, Mirko Farina, Andrea Lavazza and Sergei Levin have presented such thought-provoking texts that they are bound to set the stage for debate in the years to come. This article is an introduction to this special issue and to the authors’ papers. (shrink)

The article discusses retributive justice and punitive restraint in response to the worst types of crime. I take the Breivik Case as a starting point. Anders Behring Breivik was sentenced to 21 years of preventive detention for killing 69 people, mainly youths, at Utøya and 8 people in Oslo on July 22nd, 2011. Retributivist theories as well as commonly held retributive intuitions suggest that much harsher punishment is required for such crimes. According to some retributivist theories, most notably on the (...) influential theories of Kant and Hegel, the death penalty is warranted for murderers like Breivik. This suggests that the rationale for punitive restraint in a case like the Breivik Case can only be found in forward- looking, consequentialist theories of punishment, or by adding to retributivist theories a side-constraint in the form of a principle of parsimony. However, I argue that if we look closer at the function of punishment in the retributivist theories of Kant and Hegel, they too imply a rationale for punitive restraint, even for such horrific crimes as here discussed. Against Kant and Hegel’s own views on the death penalty, I argue that their broader “freedom theories” of retributive justice do not imply the justice of the death penalty or life imprisonment. In the last part of the article, I explore differences in the concepts of freedom entailed by Kant and Hegel’s theories, and I relate these to some of the background factors relevant to the Breivik Case. (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 paper, I examine John Rawls’ claim in the first edition of A Theory of Justice that Justice as Fairness cannot include considerations about the environment and non-human animals. The paper aims to resolve the tension in this statement, as the idea of a Rawlsian well-ordered society without concern for the rest of nature presents as a contradiction. Through a more charitable reading of Rawlsian theory that borrows from anti-capitalist and environmental justice frameworks, we can see how Rawlsian justice (...) connects tightly to these issues. I conclude that the Rawlsian well-ordered society must be committed to anti-capitalist environmental justice. (shrink)

Emotion recognition systems (ERS) offer the ability to identify the emotions of others, based on an analysis of their facial expressions and regardless of culture, ethnicity, context, gender or social class. By claiming universalism in the expression as well as in the recognition of emotions, we believe that ERS present significant risks of causing great harm to some individuals, in addition to targeting, in some contexts, specific social groups. Drawing on a wide range of multidisciplinary knowledge - including philosophy, psychology, (...) computer science and anthropology - this research project aims to identify the current limitations of ERS and the main risks that their use brings, with the goal of providing a clear and robust analysis of the use of ERS and their contribution to greater social justice. Pointing to technical limitations, we refute, on the one hand, the idea that ERS are able to prove the causal link between specific emotions and specific facial expressions. We support our argument with evidence of the inability of ERS to distinguish facial expressions of emotions from facial expressions as communication signals. On the other hand, due to the contextual and cultural limitations of current ERS, we refute the idea that ERS are able to recognise, with equal performance, the emotions of individuals, regardless of their culture, ethnicity, gender and social class. Our ethical analysis shows that the risks are considerably more numerous and important than the benefits that could be derived from using ERS. However, we have separated out a specific type of ERS, whose use is limited to the field of care, and which shows a remarkable potential to actively participate in social justice, not only by complying with the minimum requirements, but also by meeting the criterion of beneficence. While ERS currently pose significant risks, it is possible to consider the potential for specific types to participate in social justice and provide emotional and psychological support and assistance to certain members of society. (shrink)

In this paper, I assess critically the recent debate on corrective duties across moral and legal philosophy. Two prominent positions have emerged: the Kantian rights-based view (holding that what triggers corrections is a failure to respect others' right to freedom) and the so-called continuity view (correcting means attempting to do what one was supposed to do before). Neither position, I try to show, offers a satisfactory explanation of the ground (why correct?) and content (how to correct?) of corrective duties. In (...) the final section, I suggest that it is probably better to restrict the label “corrective duties” to duties generated by interpersonal wronging. (shrink)

The application of Artificial Intelligence (AI) in healthcare and epidemiology undoubtedly has many benefits for the population. However, due to its environmental impact, the use of AI can produce social inequalities and long-term environmental damages that may not be thoroughly contemplated. In this paper, we propose to consider the impacts of AI applications in medical care from the One Health paradigm and long-term global health. From health and environmental justice, rather than settling for a short and fleeting green honeymoon between (...) health and sustainability caused by AI, it should aim for a lasting marriage. To this end, we conclude by proposing that, in the upcoming years, it could be valuable and necessary to promote more interconnected health, call for environmental cost transparency, and increase green responsibility. (shrink)

Human rights and restorative justice are rarely brought under the same spotlight despite their normative similarities. In fact, this gap becomes even more apparent when put in the context of policy and practice internationally. Firstly, there is a developing gap between public perception and evidence-based depiction of crime. Secondly, scholarly debates are rarely reflected in criminal justice policy and legislation. This failure has an impact on recidivism, the spiralling costs of penal interventions, but most importantly on how we view our (...) interpersonal and inter-communal relationships. -/- This unique collection of papers brings together international leading experts in human rights and restorative justice to address a gap in the literature. From reconstructing and restorative human rights for restorative justice to addressing issues such as the standardisation of restorative justice, this edited volume is a must read for researchers, practitioners and campaigners. (shrink)