Justice, Misc

Over the years a few authors have argued that Rawls’s ideal theory of justice is useless for the real world. This criticism has been largely ignored by Rawlsians, but in the light of a recent accumulation of such criticisms, some authors (in particular Holly Lawford-Smith, A. John Simmons, Zofia Stemplowska and Laura Valentini) have tried to defend ideal theory. In this article I will recapitulate the precise problem with Rawls’s ideal theory, argue that some of Rawls’s defenders misconceive it, and (...) show that recent attempts to rescue Rawls’s ideal theory from the charge of being useless fail. While there are useful kinds of ideal theory, Rawls’s is not one of them. In addition, Rawls’s very tentative suggestions for some kind of bridge between ideal and non-ideal theory are contradictory insofar as they implicitly presuppose the non-existence of the problem they are meant to solve. Thus, Rawls’s “non-ideal theory” too, is useless, and not so much a theory at all but a set of ad hoc stipulations. Finally, I will show that certain attempts within the global justice debate to use some variation of the original position to directly derive guidelines for the real world are misguided and yield no useful results. (shrink)

Liberalism is often claimed to be at odds with feminism and critical race theory (CRT). This article argues, to the contrary, that Rawlsian liberalism supports the central commitments of both. Section 1 argues that Rawlsian liberalism supports intersectional feminism. Section 2 argues that the same is true of CRT. Section 3 then uses Young’s ‘Five Faces of Oppression’—a classic work widely utilized in feminism and CRT to understand and contest many varieties of oppression—to illustrate how Rawlsian liberalism supports diverse feminist (...) and CRT projects, and why it may be critical to achieve solidarity between feminism, CRT, and Rawlsian liberalism. Finally, Section 4 responds to five objections. (shrink)

Alex Byrne contends that women are (simply) adult human females, claiming that this thesis has considerably greater initial appeal than the justified true belief (JTB) theory of knowledge. This paper refutes Byrne’s thesis in the same way the JTB theory of knowledge is widely thought to have been refuted: through simple counterexamples. Lessons are drawn. One lesson is that women need not be human. A second lesson is that biology and physical phenotypes are both irrelevant to whether someone is a (...) woman, and indeed, female in a gendered sense. A third lesson is that trans women, cis women, alien women, and robot women are all women because to be a woman is to be an adult gendered female. This paper does not purport to settle complex normative questions of ethics or justice, including whether the ordinary meaning of “woman” ought to be retained or changed—though I do note plausible implications for these debates. This paper does purport to settle what the ordinary meaning of “woman” is, and in that regard contribute to important conceptual ground-clearing regarding what constitutes an ameliorative or revisionary definition of “woman.”. (shrink)

In this essay we criticise Rainer Forst's attempt to draw a connection between power and justification, and thus ground his normative theory of a right to justification. Forst draws this connection primarily conceptually, though we will also consider whether a normative connection may be drawn within his framework. Forst's key insight is that if we understand power as operating by furnishing those subjected to it with reasons, then we create a space for the normative contestation of any exercise of power. (...) He calls this the noumenal understanding of power. Against the conceptual connection between power and justification, we argue that (i) on most plausible accounts of political freedom, some freedom-restrictions commonly attributed to the successful exercise of power would perplexingly count as failures of power on Forst's view, and that (ii) on the most plausible account of reason-recognition, namely an appropriateness of response account, a justification relation is only a sufficient but not necessary condition for recognition. Against the normative connection, we argue that (iii) Forst can establish the existence of a right to justification only if he reconsiders the transcendental aspirations of his theory. (shrink)

Accusations of hypocrisy are a recurring theme in the public debate on climate change, but their significance remains poorly understood. Different motivations are associated with this accusation, which is leveled by proponents and opponents of climate action. In this article, I undertake a systematic assessment of climate hypocrisy, with a focus on lifestyle and political hypocrisy. I contextualize the corresponding accusation, introduce criteria for the conceptual analysis of climate hypocrisy, and develop an evaluative framework that allows us to determine its (...) moral significance. I argue that different instances of climate hypocrisy are problematic to different degrees, depending on how detrimental they are to an agent's attainment of environmental integrity. The resulting framework helps clear the confusion caused by disinformation campaigners, by distinguishing objectionable uses of the climate hypocrisy charge from constructive ones motivated by genuine concern for integrity. (shrink)

In May 2021, Royal Dutch Shell was ordered by the Hague District Court to significantly reduce its CO2 emissions. This ruling is unprecedented in that it attributes the responsibility for mitigating climate change directly to a specific corporate emitter. Shell neither directly causes climate change alone nor can alleviate it by itself; therefore, what grounds this responsibility attribution? I maintain that this question can be answered via Young’s social connection model of responsibility for justice. I defend two claims: First, I (...) argue that the model explains Shell’s connection to climate change and that this relationship grounds Shell’s responsibility. Second, by identifying a way in which the social connection model could be applied to corporations in legal practice, I further develop Young’s model. I question Young’s distinction between political and legal responsibility for justice and propose that courts could mediate citizens’ actions regarding political responsibilities. (shrink)

Presentazione del curatore italiano (C.Corradetti): È possibile conciliare il pluralismo culturale con la dimensione pubblica della deliberazione? Partendo dall’analisi critica di Rawls e Habermas, James Bohman offre una risposta innovativa alla questione dell’accordo democratico. In tale proposta, parallelamente al rigetto di soluzioni meramente strategiche, viene riabilitata la nozione di compromesso morale nel quadro di un accordo normativo. Mantenendo fede ad una prospettiva composta da elementi normativi e fattuali, l’autore si propone di ampliare le opportunità democratiche nella riconciliazione tra conflitti culturali (...) profondi propri delle società contemporanee. L’elemento civico partecipativo risulta essere dunque una componente essenziale per la produzione di una sfera pubblica vibrante. Ne emerge una ricostruzione convincente volta non solo a respingere le critiche degli scettici sulle reali possibilità d’inclusività democratica, ma diretta soprattutto a suggerire un più efficace modello deliberativo per la garanzia della stabilità sociale. Questo testo è diventato ormai un riferimento internazionale classico nella discussione sul tema della deliberazione pubblica. L’autore ha inoltre sviluppato in ambito post-nazionale il suo modello deliberativo senza tuttavia ridiscutere i fondamenti concettuali della sua proposta teorica qui enunciati.Vista la rilevanza del tema e considerata la centralità del testo proposto, sembrerebbe dunque auspicabile rendere il testo disponibile anche al lettore italiano. (shrink)

This paper explains alternative views about the nature and value of childhood, and how particular conceptions of childhood matter to a practical issue relevant to the topic of the book: children's voting rights. I don't defend any particular view on this matter; rather, I explain how recent accounts of what is uniquely good or bad about being a child bear on arguments for and against enfranchising children. I also explain why children who live in a society in which many adults (...) fail to comply with their duties of intergenerational justice have a weightier interest in voting, and hence why the case for children's enfranchisement is stronger in such cases. (shrink)

What would the institution of the family look like, if it were reformed according to republican desiderata? Would it even survive such re-shaping?

There are two conceptions of ‘inclusion’ in play in this debate. 1. The traditional conception in sport: How does sport provide inclusion/exclusion? Through eligibility criteria. 2. The social justice conception: trans people must be included in all social endeavours/institutions, one of these being sport. In the latter ‘inclusion’ facilitates affirmation and validation of their gender identity. The question is: should sport take on this ‘social justice’ task?

This paper has two aims. The first is to describe several sources of the moral responsibility to remedy or alleviate global poverty—reasons why an agent might have such a responsibility. The second is to consider what sorts of agents bear the responsibilities associated with each source—in particular, whether they are collective agents like states, societies, or corporations, on the one hand, or individual human beings on the other. We often talk about our responsibilities to the poorest people in the world, (...) or what we owe them. So the question is who this we is. I shall argue that the answer depends on the source of the responsibility. Some responsibilities—one species of causal responsibilities—belong in the first instance to collectives, although they will also trickle down to at least some individuals within the collective. Other responsibilities—humanitarian responsibilities, and a different species of causal responsibilities—belong in the first instance to individuals, but can, I shall argue, “trickle up” to collectives of which individuals are members. (shrink)

Theories of moral desert focus only on the personal culpability of the agent to determine the amount of blame and punishment the agent deserves. I defend an alternative account of desert, one that does not focus only facts about offenders and their offenses. In this revised framework, personal culpability can do no more than set upper and lower limits for deserved blame and punishment. For more precise judgments within that spectrum, additional factors must be considered, factors that are independent of (...) the agent and the offense. I refer to this as the ‘partial conception’ of desert because takes facts about victims—their behavior, desires, and attitudes—into account for desert judgments. On my view, then, agents who are equally culpable may deserve different amounts of blame or punishment, depending on these victim-related factors. (shrink)

Eva Erman and Niklas Möller have recently presented a trenchant critique of my (2015) argument that ideal normative theories are uninformative for certain practical purposes. Their criticisms are largely correct. In this note, I develop the ideas behind my earlier argument in a way that circumvents their critique and explains more clearly why ideal theory is uninformative for certain purposes while leaving open the possibility that it might be informative for other purposes.

This paper presents a new trilemma with respect to resolving the control and alignment problems in machine ethics. Section 1 outlines three possible types of artificial moral agents (AMAs): (1) 'Inhuman AMAs' programmed to learn or execute moral rules or principles without understanding them in anything like the way that we do; (2) 'Better-Human AMAs' programmed to learn, execute, and understand moral rules or principles somewhat like we do, but correcting for various sources of human moral error; and (3) 'Human-Like (...) AMAs' programmed to understand and apply moral values in broadly the same way that we do, with a human-like moral psychology. Sections 2–4 then argue that each type of AMA generates unique control and alignment problems that have not been fully appreciated. Section 2 argues that Inhuman AMAs are likely to behave in inhumane ways that pose serious existential risks. Section 3 then contends that Better-Human AMAs run a serious risk of magnifying some sources of human moral error by reducing or eliminating others. Section 4 then argues that Human-Like AMAs would not only likely reproduce human moral failures, but also plausibly be highly intelligent, conscious beings with interests and wills of their own who should therefore be entitled to similar moral rights and freedoms as us. This generates what I call the New Control Problem: ensuring that humans and Human-Like AMAs exert a morally appropriate amount of control over each other. Finally, Section 5 argues that resolving the New Control Problem would, at a minimum, plausibly require ensuring what Hume and Rawls term ‘circumstances of justice’ between humans and Human-Like AMAs. But, I argue, there are grounds for thinking this will be profoundly difficult to achieve. I thus conclude on a skeptical note. Different approaches to developing ‘safe, ethical AI’ generate subtly different control and alignment problems that we do not currently know how to adequately resolve, and which may or may not be ultimately surmountable. (shrink)

The aim of this chapter is to articulate the ways in which our social standing, and particularly our socio-economic status (SES), affects, even transforms, the experience of boredom. Even if boredom can be said to be democratic, in the sense that it can potentially affect all of us, it does not actually affect all of us in the same way. Boredom, I argue, is unjust—some groups are disproportionately negatively impacted by boredom through no fault of their own. Depending on our (...) social position and self and others’ perceptions of our SES, we can experience it more frequently, more intensely, and in ways that either leave us incapable of alleviating it or push us to harmful and maladaptive responses to it. Hence, seen in a socio-economic light, boredom can become a serious threat to our physical and psychological well-being. Insofar as freedom to pursue and achieve one’s well-being is essential to human life and a primary concern of contemporary liberal societies, boredom should be considered to be a social justice issue. The disproportionately negative effects of boredom on lower SES groups indicate the profound ways that boredom affects individuals and further disadvantages those who are already in marginalized positions. Contrary to many historical accounts, boredom is not only the experience of the elite, the wealthy, or those with ample free time. In our current political, social, and economic climate, boredom is primarily the experience of the less privileged, the disadvantaged, and the marginalized. (shrink)

Although previous treatments of affective injustice have identified some particular types of affective injustice, the general concept of affective injustice remains unclear. This article proposes a novel articulation of this general concept, according to which affective injustice is defined as a state in which individuals or groups are deprived of “affective goods” which are owed to them. On this basis, I sketch an approach to the philosophical investigation of affective injustice that begins by establishing which affective goods are fundamental, and (...) then considers which subsidiary goods—such as freedoms, resources, opportunities, and forms of recognition—may be necessary for the provision of those fundamental affective goods. Drawing from and developing ideas in the extant literature, I argue that two such fundamental affective goods include subjective well-being and emotional aptness. I then show that by analyzing deprivations of the subsidiary goods that enable a person to pursue and attain subjective well-being and emotional aptness, it is possible to shed new light on the cases of affective injustice that have been described in the extant literature, while also identifying other kinds of cases that have not been theorized to the same extent. (shrink)

Political theorists study the attributes of desirable social-moral states of affairs. Schaefer (forthcoming) aims to show that "static political theory" of this kind rests on shaky foundations. His argument revolves around an application of an abstruse mathematical theorem -- Kakutani's fixed point theorem -- to the social-moral domain. We show that Schaefer has misunderstood the implications of this theorem for political theory. Theorists who wish to study the attributes of social-moral states of affairs should carry on, safe in the knowledge (...) that Kakutani's theorem poses no threat to this enterprise. (shrink)

The COVID-19 pandemic has been overwhelming public health-care systems around the world. With demand exceeding the availability of medical resources in several regions, hospitals have been forced to invoke triage. To ensure that this difficult task proceeds in a fair and organised manner, governments scrambled experts to draft triage guidelines under enormous time pressure. Although there are similarities between the documents, they vary considerably in how much weight their respective authors place on the different criteria that they propose. Since most (...) of the recommendations do not come with ethical justifications, analysing them requires that one traces back these criteria to their underlying theories of distributive justice. In the literature, COVID-19 triage has been portrayed as a value conflict solely between utilitarian and egalitarian elements. While these two accounts are indeed the main antipodes, I shall show that in fact all four classic theories of distributive justice are involved: utilitarianism, egalitarianism, libertarianism, and communitarianism. Detecting these in the documents and classifying the suggested criteria accordingly enables one to understand the balancing between the different approaches to distributive justice—which is crucial for both managing the current pandemic and in preparation for the next global health crisis. (shrink)

This book completes the project, begun in Nietzsche’s Immoralism: Politics as First Philosophy, of critically reconstructing a Nietzschean left politics. Nietzsche's incompatibilist ideal of amor fati requires reconceiving legitimacy as the breeding of a people whose material conditions enable it to affirm its social order. Justice is founded in a future, higher type’s right to exist against present individuals who internalize the contradictions of past societies. In opposition to Nietzsche’s self-undermining aristocratism, this right can only be realized through a universal (...) promotion of the pluralistic unity of the manifold soul, secured by an equally manifold form of democracy. Against the covert aristocratism of liberal proceduralism, authentic democracy produces a true people grounded in shared, concrete happiness, requiring a comprehensive egalitarianism maintained by a permanent socialist state and achievable only through a populist, coalitional politics across identities that radically transforms the material conditions of our shared social life. (shrink)

The paper takes as its starting point John Rawls’s claim that the social bases of self-respect is perhaps the most important primary good the distribution of which is governed by his principles of justice. There has been some debate about this claim in the literature and this debate has included important clarifications regarding the concept(s) involved. However, I think this discussion hasn’t gone deep enough and this – relative – lack of depth has or at least might have important implications (...) for our theory of distributive justice. To show this, I begin with Rawls’s admittedly sketchy remarks about the significance of self-respect in his theory. After this I briefly describe the debate that followed: what emerges here is a distinction between two kinds of self-respect. While I think this distinction is in good order, I also think and subsequently argue, building on the work of Robin Dillon and Anna Bortolan, that it only scratches the surface of the complex phenomenon of self-respect. In particular, as these authors show, the self-respect complex is, in fact, a multi-layered phenomenon and the distinction as used misses its fundamental level: basal self-respect (Dillon) or self-esteem (Bortolan). In the finishing part of the paper I discuss these two proposals to show that Bortolan’s version is the better one. All this then has clear relevance for the adjoining debate in political philosophy: all those who want to give an important role to self-respect in their theory of justice have potentially focused on the wrong target so far. This, I conclude, might well give rise to a new feminist critique of liberal egalitarian justice. (shrink)

John Rawls raises three challenges – to which one can add a fourth challenge – to an impartial spectator account: (a) the impartial spectator is a utility-maximizing device that does not take seriously the distinction between persons; (b) the account does not guarantee that the principles of justice will be derived from it; (c) the notion of impartiality in the account is the wrong one, since it does not define impartiality from the standpoint of the litigants themselves; (d) the account (...) would offer a comprehensive, rather than a political, form of liberalism. The narrow aim of the article is to demonstrate that Adam Smith's impartial spectator account can rise to Rawls's challenges. The broader aim is to demonstrate that the impartial spectator account offers the basis for a novel and alternative framework for developing principles of justice, and does so in the context of a political form of liberalism. (shrink)

The ‘liberal-communitarian’ debate arose within anglophone political philosophy during the 1980s. This essay opens with an account of the main outlines of the debate, showing how liberals and communitarians tended to confront each other with opposing interpretations of John Rawls’ Theory of Justice (1999; originally published in 1971) and Political Liberalism (2005; originally published in 1993). The essay then proceeds to discuss four forms of ‘liberalism after communitarianism’: Michael Freeden’s account of liberalism as an ideology; Joseph Raz and Will Kymlicka’s (...) perfectionist liberalisms; the liberalism of value pluralists such as Isaiah Berlin and Bernard Williams; and Judith N. Shklar’s liberalism of fear. It concludes with the suggestion that there are times when liberals of every kind should set aside their ideology, even if only temporarily, in order to listen to their interlocutors with truly open minds. (shrink)

The purpose of this paper is to shed light on what liberal states should tolerate outside their borders. This requires definitions of `liberalism, ́ `toleration, ́ and `state. ́ In the first section of this paper, I briefly indicate how I use those and other terms necessary to the discussion and introduce the normative principle I take liberals to be committed to. In the second section, I continue clearing the path for the rest of my discussion. In the rest of (...) the paper, I draw conclusions about what liberals should tolerate outside their state that I believe follow from the proffered definitions and principles. I limit myself to interference aimed at providing humanitarian aid, but do so in a way that is meant to provide resources for thinking about other sorts of interventions. In the third section, I consider humanitarian interventions done with the permis- sion of the other state and will point toward a toleration-based view; here we are really talking about non-toleration of suffering. In the fourth section, I consider humanitarian interventions done without the permission of the other state; here we are talking about non-toleration of a state that harms its residents. I consider an objection in section five. (shrink)

Parenting involves an extraordinary degree of power over children. Republicans are concerned about domination, which, on one view, is the holding of power that fails to track the interests of those over whom it is exercised. On this account, parenting as we know it is dominating due to the low standards necessary for acquiring and retaining parental rights and the extent of parental power. Domination cannot be fully eliminated from child-rearing without unacceptable loss of value. Most likely, republicanism requires that (...) we minimise children’s domination. I examine alternative models of child-rearing that are immune to republican criticism. (shrink)

McCarthy et al.’s proposal gains much of its plausibility by relying on a superficial treatment of justice, human dignity, sin, and the common good within the Christian tradition. Upon closer inspection of what these terms mean within the context of Christianity, it becomes clear that despite using the same phrases (e.g., a commitment to “protecting vulnerable populations,” the goal of “promoting justice,” etc.) contemporary secular bioethical goals are often deeply at odds with goals of Christian bioethics. So, while the authors (...) are right that there is room for dialogue (and even agreement) concerning general moral principles, the process of specification and application of these principles will often be heavily influenced by competing ethical traditions. Such divergent influences will often frustrate cooperative ventures between secular and religious bioethical projects. Thus, when put into action, McCarthy et al.’s proposal will—at best—produce a divided kingdom; one that cannot hope to stand. (shrink)

This paper analyzes the relationship between love and social justice activism, focusing in particular on ways in which activists rely on either the union account of love (to argue that when one person is oppressed everyone is oppressed), the sentimentalist account of love (to argue that overcoming injustice is fundamentally about how we feel about one another), or love as fate (to argue that it is in love’s nature to triumph over hatred and injustice). All three accounts, while understandable and (...) attractive, are seriously problematic, as they tend either to obscure important differences in the ways that various groups are socially situated or to enable inaction by trusting that justice is inevitable. Alternative, deeper interpretations of each account (and their relationships to activism) are explored. (shrink)

Waiting time is widely used in health and social policy to make resource allocation decisions, yet no general account of the moral significance of waiting time exists. We provide such an account. We argue that waiting time is not intrinsically morally significant, and that the first person in a queue for a resource does not ipso facto have a right to receive that resource first. However, waiting time can and sometimes should play a role in justifying allocation decisions. First, there (...) is a duty of fairness prohibiting line-cutting where a sufficiently just queue exists. Second, waiting time has several morally attractive features that can justify its incorporation into allocation schemes. Where candidates are in relevantly similar circumstances, allocating by waiting time is relatively efficient, maximizes distribution equality relative to other Pareto efficient distributions, and treats candidates fairly. The claim that allocation using waiting time is fair is controversial. Some have claimed that formal lotteries are a fairer way to select among equal beneficiaries. We argue that lotteries are no fairer than allocation based on waiting time when it is equiprobable how a prospective queue will be ordered. In practice, lotteries share many of the disadvantages of queues; which is fairer will depend on contingent features of the allocation scenario. The upshot is that first-come, first-served is in fact a just way to allocate resources in many of the cases where it seems pre-theoretically compelling, and waiting time has unique normative properties which frequently justify its incorporation into resource allocation schemes. (shrink)

Sustainability science seeks to extend scientific investigation into domains characterized by a distinct problem-solving agenda, physical and social complexity, and complex moral and ethical landscapes. In this endeavor it arguably pushes scientific investigation beyond its usual comfort zones, raising fundamental issues about how best to structure such investigation. Philosophers of science have long scrutinized the structure of science and scientific practices, and the conditions under which they operate effectively. We propose a critical engagement between sustainability scientists and philosophers of science (...) with respect to how to engage in scientific activity in these complex domains. We identify specific issues philosophers of science raise concerning current sustainability science and the contributions philosophers can make to resolving them. In conclusion we reflect on the steps philosophers of science could take to advance sustainability science. (shrink)

This article argues that political injustices can arise from the distribution and character of our sexual desires and that we can be held responsible for correcting these injustices. It draws on a conception of structural injustice to diagnose unjust patterns of sexual attraction, which are taken to arise when socio-structural processes shaping the formation of sexual desire compound systemic domination and capacity-deprivation for the occupants of a social position. Individualistic and structural solutions to the problem of unjust patterns of sexual (...) attraction are assessed in the context of racialised sexual aversion, racial fetishism, and the desexualisation of people with disabilities. While both forms of intervention can help in principle, some of the advantages of structural approaches are laid out. A schema for assigning political responsibilities for addressing this injustice is proposed, with some limits identified to the kinds of state and social responses that are justified. Finally, the status of the merely aesthetically unappealing is considered, with a relational egalitarian approach concluding that they are subject to structurally unjust patterns of sexual desire only when exposed to oppression or second-class citizenship as a result. (shrink)

Reclamation is the phenomenon of an oppressed group repurposing language to its own ends. A case study is reclamation of slur words. Popa-Wyatt and Wyatt (2018) argued that a slurring utterance is a speech act which performs a discourse role assignment. It assigns a subordinate role to the target, while the speaker assumes a dominant role. This pair of role assignments is used to oppress the target. Here I focus on how reclamation works and under what conditions its benefits can (...) stabilise. I start by reviewing the data and describing preconditions and motivations for reclamation. Can reclamation be explained in the same basic framework as regular slurring utterances? I argue that it can. I also identify some features that must be a prediction of any theory of reclamation. I conclude that reclamation is an instance of a much broader class of acts we do with words to change the distribution of power: it begets power, but it also requires it. (shrink)

L’anno appena trascorso è stato dimenticabile (per ovvie ragioni) e i filosofi politici hanno una ragione in più per dimenticarlo data la prematura scomparsa di Gerald Gaus. Tuttavia, essi potrebbero forse trovare una qualche consolazione nel fatto che il 2020 ha visto la pubblicazione di due notevoli opere dedicate alla loro disciplina. Non mi riferisco a due notevoli opere di filosofia politica – quelle spesso non mancano – ma a due opere sulla filosofia politica: Utopohobia: On the Limits (if any) (...) of Political Philosophy, di David Estlund e What is Political Philosophy?, di Charles Larmore. Ci sarebbe molto da dire su entrambi questi volumi. Quello di Estlund, soprattutto, apre un grande ventaglio di questioni interessanti ed è ricco di spunti di grande originalità, solo parzialmente abbozzati nei saggi che il volume riprende e sviluppa. Tuttavia, lo spazio a disposizione è limitato e impone una scelta. Ho optato per questa: dopo aver offerto una sintesi criminalmente breve del nucleo argomentativo dei due volumi (sezione 2), li metterò in dialogo. Cercherò, in altre parole, di usare alcune risorse offerte dall’uno per interrogare e problematizzare alcuni aspetti centrali dell’altro. Per quanto riguarda Larmore, l’aspetto che discuterò è il primato che egli assegna al disaccordo e al problema della legittimità in filosofia politica: un punto che interrogherò a partire da alcune critiche. (shrink)

This article argues that diverse theorists have reasons to theorize about fairness in nonideal conditions, including theorists who reject fairness in ideal theory. It then develops a new all-purpose model of ‘nonideal fairness.’ §1 argues that fairness is central to nonideal theory across diverse ideological and methodological frameworks. §2 then argues that ‘nonideal fairness’ is best modeled by a nonideal original position adaptable to different nonideal conditions and background normative frameworks (including anti-Rawlsian ones). §3 then argues that the parties to (...) the model have grounds to seek a variety of remedial social, legal, cultural, and economic ‘nonideal primary goods’ for combating injustice, as well as grounds to distribute these goods in an equitable and inclusive manner. Finally, I illustrate how the model indexes the nonideal primary goods it justifies to different nonideal contexts and background normative frameworks, illustrating why diverse theorists should find the model and its output principles attractive. (shrink)

Based on three recently published books on climate justice, this article reviews the field of climate ethics in light of developments of international climate politics. The central problem addressed is how idealised normative theories can be relevant to the political process of negotiating a just distribution of the costs and benefits of mitigating climate change. I distinguish three possible responses, that is, three kinds of non-ideal theories of climate justice: focused on (1) the injustice of some agents not doing their (...) part; (2) the policy process and aiming to be realistic; and (3) grievances related to the transition to a clean-energy economy. The methodological discussion underpinning each response is innovative and should be of interest more generally, even though it is still underdeveloped. The practical upshot, however, is unclear: even non-ideal climate justice may be too disconnected from the fast-moving and messy climate circus. (shrink)

Luminaries like Martin Luther King, Jr. urge that Black Americans love even those who hate them. This can look like a rejection of anger at racial injustice. We see this rejection, too, in the growing trend of characterizing social justice movements as radical hate groups, and people who get angry at injustice as bitter and unloving. Philosophers like Martha Nussbaum argue that anger is backward-looking, status focused, and retributive. Citing the life of the Prodigal Son, the victims of the Charleston (...) Church shooting, Gandhi, and King, she claims that we should choose love instead of anger – not only in our intimate relationships but also in the political realm. Buddhist monk and scholar, Śāntideva, argued that anger is an obstacle to love. Anger leads to suffering. Love frees us from suffering. All this makes an initially compelling case against anger at racial injustice. In addition, although philosophers Jeffrie Murphy and Antti Kauppinen argue that anger communicates self-respect and valuing, respectively––they make no connection between agape love and anger. In this essay I’ll show that the love King and others have in mind––agape love––is not only compatible with anger at hateful racists and complicit others, but finds valuable expression in such anger. (shrink)

According to common-sense morality, agents can become morally connected to the wrongdoing of others, such that they incur special obligations to prevent or rectify the wrongs committed by the primary wrongdoer. We argue that, under certain conditions, voluntary and unjustified observation of another agent’s degrading wrongdoing, or of the ‘product’ of their wrongdoing, can render an agent morally liable to bear costs for the sake of the victim of the primary wrong. We develop our account with particular reference to widespread (...) modern phenomena such as so-called ‘revenge porn’, ‘up-skirting’, and the online observation of sexual assault and murder. On our account, observation is not a sui generis basis of liability. Instead, observation grounds liability in virtue of manifesting three, more general, grounds of liability. First, observation can compound a primary wrong, making that wrong more harmful for the victim. Second, observation can constitute degrading treatment of the victim. Third, in certain cases observation can enable primary wrongdoing. We conclude by discussing the conditions under which observing degrading wrongs might be morally justified. (shrink)

When it comes to explaining someone’s puzzling, objectionable, or otherwise problematic behavior, one type of explanation occasionally employed in the service of doing so is as follows: “That’s just so-and-so being so-and-so.” But what, exactly, do explanations of the type “That’s just so-and-so being so-and-so” mean? More specifically, in what way, if any, is it meaningful or informative to say such things? And what is the precise function of such explanations of someone’s behavior? Is it merely to present what one (...) takes to be the underlying causes of the behavior, or something beyond that? In what follows, I lay out a few possibilities—basic possibilities, to be precise, given philosophy’s keen interest in fundamentals—with respect to the various meanings, functions, and moral implications of explanations of the type “That’s just so-and-so being so-and-so.” While doing so, I apply these basic possibilities to three tokens of this kind of explanation: “That’s just Manny being Manny” (in reference to Manny Ramirez, the former professional baseball player), “That’s just Charlie being Charlie” (in reference to Charlie Rose, the former television host), and “That’s just Trump being Trump” (in reference to Donald Trump, the current President of the United States). (shrink)

Journal of Social Philosophy, EarlyView.

In analytic political philosophy, it is common to view state-sponsored injustice as the work of a corporate agent. But as I argue, structural injustice theory provides grounds for reassessing the agential approach, producing new insights into state-sponsored injustice. Using the case of eugenic sterilization in the United States, this article proposes a structurally-sensitive conception of state-sponsored injustice with six components: authorization, protection, systemization, execution, enablement, and norm- and belief-influence. Iris Marion Young’s models of responsibility for agential and structural injustice, and (...) the place of state-sponsored injustice with respect to these models, are also discussed. (shrink)

Basic income policies have recently enjoyed a great deal of discussion, but they are not a natural fit with views of distributive or social justice endorsed by many moral and political philosophers. This essay develops and defends a new view of social justice, called relational sufficientarianism, which is more compatible with a universal basic income. Relational sufficientarianism holds that persons in a just society must have sufficient social status, but not necessarily equal social status. It argues that this view offers (...) a more plausible account of just social relations than relational egalitarianism, a better account of the threshold for sufficiency than distributive sufficientarianism, and can serve as a more suitable theoretical backing for a universal basic income than either of these other views, or distributive egalitarianism. (shrink)

Contemporary political philosophy is, to a certain degree, dominated by a family of theories that invoke hypothetical procedures as a method of normative justification. This article intends to analyze Axel Honneth’s critique of the so-called “proceduralism” in theories of justice, as well as to examine the author’s alternative proposal for a justification method, what he calls “normative reconstruction”. Honneth’s complaints are divided in three parts: critiques of the understanding of justice, the method of justification, and the scope of proceduralist theories (...) of justice are raised, each one receiving an alternative formulation by the author. After reading texts by Axel Honneth, John Rawls — author of "A theory of justice", in which he presents one of the most well-known proceduralist arguments — Jürgen Habermas and Nancy Fraser, who raise problems for Honneth’s normative reconstruction, we suspect that even though Honneth’s critique of proceduralism and his proposal of normative reconstruction seem initially plausible, they are only possible if we abandon the framework of political philosophy to do what is usually called “social philosophy”. (shrink)

How should International Political Theory (IPT) relate to public policy? Should theorists aspire for their work to be policy- relevant and, if so, in what sense? When can we legitimately criticize a theory for failing to be relevant to practice? To develop a response to these questions, I will consider two issues: (1) the extent to which international political theorists should be concerned that the norms they articulate are precise enough to entail clear practical advice under different empirical circumstances; (2) (...) whether they should provide concrete practical advice on policy choice and institutional reform. These questions are related but distinct, and we should answer each quite differently. Regarding the first, I shall argue that it counts heavily against a theory if it is not precise enough to guide policy and reform given certain empirical assumptions. On the second, I will argue that theorists should be very cautious when engaging with questions of policy and institutional design. Some principles of IPT can be criticized for being insufficiently precise, but a degree of abstraction from concrete policy recommendations is a virtue, rather than a vice, of an element of IPT. I conclude that we should aim to be precise without being concrete. To help fix ideas and anchor my argument, I will discuss these issues with reference to a principle that John Rawls has advocated in his influential work The Law of Peoples (Rawls 1999a): a duty of assistance to societies that lack the capacity to satisfy the basic needs or protect the basic rights of their people. (shrink)

In her inventive and tightly argued book Defensive Killing, Helen Frowe defends the view that bystanders—those who do not pose threats to others—cannot be liable to being harmed in self-defence or in defence of others. On her account, harming bystanders always infringes their rights against being harmed, since they have not acted in any way to forfeit them. According to Frowe, harming bystanders can be justified only when it constitutes a lesser evil. In this brief essay, I make the case (...) that some bystanders can indeed be liable to harm. They can be liable, I will argue, because they can be morally responsible for threats of harm, and in becoming responsible they can forfeit their rights. While bystanders cannot be responsible for initiating threats, they can become responsible for the persistence of threats, and for culpably failing to prevent them from being initiated in the first place. (shrink)

In the Laws, Plato argues that the legislator should attempt to persuade people to voluntarily obey the laws. This persuasion is accomplished through use of legislative preludes. Preludes (also called preambles) are short arguments written into the legal code, which precede laws and give reasons to follow them. In this paper, I argue that Plato’s use of persuasive preludes shows that he endorses the core features of a public reason theory of political justification. Many philosophers argue that Plato’s political philosophy (...) is deeply at odds with contemporary liberal political philosophy. While Plato certainly does not affirm (and even rejects) some of the main features of liberalism, if it could be shown that he endorses some account of public reason (which is a liberal idea to its core), this would suggest that there is more in common between Plato and liberalism than many philosophers think. Furthermore, if combined with the work of philosophers, like C.C.W. Taylor, this could form a cumulative case against those who argue that there is little in common between Plato’s political philosophy and liberalism. In short, by showing that Plato endorses the core features of public reason, I endeavor to show that there is more in common between Plato and liberalism than is often thought. (shrink)

Across almost a decade, Desmond Tutu, Anglican cleric and chairman of South Africa’s Truth and Reconciliation Commission, supported a model of civil resistance against the apartheid regime based solely on religious argument. Tutu is one of what Appleby (2000) calls the “religious militants for peace”: people of faith who use religious arguments to buttress resistance against unjust regimes and to support vital political change with regard to rights and justice. Yet the employment of religious arguments to justify political action seems (...) to contradict the liberal democratic requirements of public reason, particularly the duty of liberal citizens to provide reasons that others could reasonably endorse. If “religious militants” violate their duty of civility by appealing to their comprehensive doctrines, should liberal democracy exclude this form of religiously founded dissent as being unreasonable? Or, rather, should liberal democracy embrace and support the efforts of “religious militants” to enhance and/or restore political justice? (shrink)

‘Heritage’ is a concept that often carries significant normative weight in moral and political argument. In this article, I present and critique a prevalent conception according to which heritage must have a positive valence. I argue that this view of heritage leads to two moral problems: Disowning Injustice and Embracing Injustice. In response, I argue for an alternative conception of heritage that promises superior moral and political consequences. In particular, this alternative jettisons the traditional focus on heritage as a primarily (...) positive relationship to the past, and thus offers resources for coming to terms with histories of injustice. (shrink)

This article invokes the idea of personhood (which it takes to be at the heart of Afrocommunitarian morality) to give an account of corrective/rectification justice. The idea of rectification justice by Robert Nozick is used heuristically to reveal the moral-theoretical resources availed by the idea of personhood to think about historical injustices and what would constitute a meaningful remedy for them. This notion of personhood has three facets: (1) a theory of moral status/dignity, (2) an account of historical conditions and (...) (3) the achievement of moral excellence by the agent (personhood). This article argues that a just society is a function of (1) and (2), and it further argues that the aim of rectification justice is to correct these two facets of a society, which are necessary for (3) to be possible. The aim of correcting history just is to make personhood a possibility for all humanity, particularly of those who were victims of past injustices. (shrink)

This essay analyses those statements that mention legal norms in negative terms. Specifically, it analyses those statements that define a legal system by mentioning how legal protection does not work and where legal protection ends, and those statements that identify what rights‐holders do not have to with their legally protected free capacities. This essay argues that these statements address a systemic question. It calls such a dynamic as negative governmentality. The argument proceeds in four steps. It introduces the concept of (...) negative governmentality by arguing that the idea of freedom requires both the positive affirmation of moral agency and the constraining of moral agency (Section 2). It then explores how rights constitute freedom by limiting rights or making exceptions to them (Section 3). Later, it analyses how rights‐based norms prevent abuse of rights by holders of rights (Section 4). Finally, it sees how rights‐based norms constrain the legal guarantor of rights, i.e., a state (Section 5). The essay concludes by mentioning the importance of negative governmentality (Section 6). (shrink)