Political Feasibility

Efficiency requires legislative political institutions. There are many ways efficiency can be promoted, and so an ongoing legislative institution is necessary to resolve this choice in a politically sustainable and economically flexible way. This poses serious problems for classical liberal proposals to constitutionally protect markets from government intervention, as seen in the work of Ilya Somin, Guido Pincione & Fernando Tesón and others. The argument for the political nature of efficiency is set out in terms of both Pareto optimality and (...) aggregate welfare maximisation, and similar arguments can be generalised to other social values. (shrink)

The open borders view is frequently dismissed for making infeasible demands. This is a potent strategy. Unlike normative arguments regarding open borders, which tend to be relatively intractable, the charge of infeasibility is supposed to operate as what we call a "normative argument-stopper." Nonetheless, we argue that the strategy fails. Bringing about open borders is perfectly feasible on the most plausible account of feasibility. We consider and reject what we take to be the only three credible ways to save the (...) charge of infeasibility: by proposing an alternative account of feasibility; by proposing an alternative, more circumscribed interpretation of the subject-matter of feasibility claims; and by proposing a more expansive account of the addressees of the demand for open borders. The first fails to vindicate the claim that infeasibility is a normative argument-stopper. The second does not provide an argument against open borders at all. The third underestimates the power of at least some non-state actors. We conclude by drawing some lessons for the open borders view and the use of feasibility in politics more generally. (shrink)

It is tempting to think (1) that we may sometimes have hopelessly utopian duties and yet (2) that “ought” implies “can.” How might we square these apparently conflicting claims? A simple solution is to interpret hopelessly utopian duties as duties to "pursue" the achievement of manifestly unattainable outcomes (as opposed to duties to "achieve" the outcomes), thereby promising to vindicate the possibility of such duties in a way that is compatible with “ought” implies “can.” The main challenge for this simple (...) solution is to say what the relevant “duties to pursue” are supposed to involve. We survey several existing candidates (duties to try, duties to approximate, duties to do our part, and dynamic duties) and argue that none of them succeeds in delivering on the promise of the simple solution. We then propose a previously untheorized class of duties that we call "duties to devote ourselves" to achieving an outcome, and argue that such duties provide us with an interpretation of hopelessly utopian duties that is up to the task. (shrink)

This paper discusses how the general and abstract concept of legitimacy applies to international institutions, using the United Nations Security Council as an example. We argue that the evaluation of the Security Council’s legitimacy requires considering three significant and interrelated aspects: its purpose, competences, and procedural standards. We consider two possible interpretations of the Security Council’s purpose: on the one hand, maintaining peace and security, and, on the other, ensuring broader respect for human rights. Both of these purposes are minimally (...) morally acceptable for legitimacy. Second, we distinguish between three different competences of the UNSC: 1) the decision-making competence, 2) the quasi-legislative competence, and 3) the referral competence. On this basis, we argue that different procedural standards are required to legitimise these competences, which leads to a more differentiated understanding of the Security Council’s legitimacy. While maintaining that the membership structure of the Council is a severe problem for its legitimacy, we suggest other procedural standards that can help to improve its overall legitimacy, which include broad transparency, deliberation, and the revisability of the very terms of accountability themselves. (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)

This paper explicates the influential Confucian view that “people” and not “institutional rules” are the proper sources of good governance and social order, as well as some notable Confucian objections to this position. It takes Xunzi 荀子, Hu Hong 胡宏, and Zhu Xi 朱熹 as the primary representatives of the “virtue-centered” position, which holds that people’s good character and not institutional rules bear primary credit for successful governance. And it takes Huang Zongxi 黃宗羲 as a major advocate for the “institutionalist” (...) position, which holds that institutional rules have some power to effect success independently of improvements in character. Historians have often called attention to this debate but left the major arguments and positions relatively unspecified. As I show, the Confucian virtue-centered view is best captured in two theses: first, that reforming people is far more demanding than reforming institutional rules; second, that once the rules have reached a certain threshold of viability, further improvements in those rules are unlikely to be effective on their own. Once we specify the theses in this way, we can catalogue the different respects and degrees to which the more virtue-centered political thinkers endorse virtue-centrism in governance. Zhu Xi, for example, turns out to endorse a stronger version of virtue-centrism than Hu Hong. I also use this account of the major theses to show that Huang Zongxi, who is sometimes regarded as historical Confucianism’s foremost institutionalist, has more complicated and mixed views about the power of institutional reform than scholars usually assume. (shrink)

It is common in political theory and practice to challenge normatively ambitious proposals by saying that their fulfillment is not feasible. But there has been insufficient conceptual exploration of what feasibility is, and very little substantive inquiry into why and how it matters for thinking about social justice. This paper provides one of the first systematic treatments of these issues, and proposes a dynamic approach to the relation between justice and feasibility that illuminates the importance of political imagination and dynamic (...) duties to expand agents’ power to fulfill ambitious principles of justice. (shrink)

Some theorists—including Elizabeth Anderson, Gerald Gaus, and Amartya Sen—endorse versions of 'public reason' as the appropriate way to justify political decisions while rejecting 'ideal theory'. This chapter proposes that these ideas are not easily separated. The idea of public reason expresses a form of mutual 'civic' respect for citizens. Public reason justifications for political proposals are addressed to citizens who would find acceptable those justifications, and consequently would comply freely with those proposals should they become law. Hence public reasoning involves (...) 'local ideal theorizing': the justification of political proposals includes their consideration and evaluation under conditions of compliance with them by the citizens to whom those justifications are addressed. Local ideal theorizing, moreover, can lead to 'full ideal theorizing', wherein citizens outline and evaluate an amended version of their society’s 'basic structure'. This argument is illustrated by some recent empirical work on inequality within the United States. (shrink)

This chapter develops a ``nesting'' model of deontic normative principles (i.e., principles that specify moral constraints upon action) as a means to understanding the notion of a ``fundamental normative principle''. I show that an apparently promising attempt to make sense of this notion such that the ``real'' or ``fundamental'' demands of justice upon action are not constrained by social facts is either self-defeating or relatively unappealing. We should treat fundamental normative principles not as specifying fundamental constraints upon action, but as (...) specifying basic criteria for comparatively evaluating and ranking possibilities. (shrink)

« Utopique » se dit d’un projet irréalisable, qui ne saurait exister. Or, un monde où les passeports n’étaient pas obligatoires pour traverser une frontière a bel et bien existé : c’est celui d’avant la Première Guerre Mondiale. Cet article résume l'histoire des efforts pour abolir le régime des passeports obligatoires après la Première Guerre Mondiale.

-/- This essay discusses the relation between ideal theory and two forms of political moralism identified by Bernard Williams, structural and enactment views. It argues that ideal theory, at least in the sense Rawls used that term, only makes sense for structural forms of moralism. These theories see their task as describing the constraints that properly apply to political agents and institutions. As a result, they are primarily concerned with norms that govern action. In contrast, many critiques of ideal theory (...) are structured and motivated by their commitment to an enactment model of political theorizing. This instead sees political agents and institutions as instruments for producing or promoting better states of affairs. Enactment models treat the evaluations that rank different states of affairs as justificatorily basic, rather than norms governing action on which structural models focus. This reveals an important feature of debates about ideal theory. Whether ideal theory is capable of appropriately guiding action will depend on what the criteria for appropriately guiding action are, about which different theorists have importantly different views. For example, some popular strategies for defending ideal theory fail, while it may be much less clear that some alternatives to ideal theory can provide action guidance than their advocates claim. (shrink)

Many of us feel internally conflicted in the face of certain normative claims that make infeasible demands: say, normative claims that demand that agents do what, given deeply entrenched objectionable character traits, they cannot bring themselves to do. On the one hand, such claims may seem false on account of demanding the infeasible, and insisting otherwise may seem to amount to objectionable unworldliness – to chasing “pies in the sky.” On the other hand, such claims may seem true in spite (...) of making infeasible demands, and insisting otherwise may seem to amount to treating the agents in question with undue lenience – to mistakenly letting them “off the hook.” What is going on? One possibility is that we are making a mistake. I explore the alternative hypothesis that our ambivalent reactions, far from involving any mistake, are entirely consistent and appropriate. Rather than some single privileged ought such that the idea that “ought” implies “feasible” is either true or false, there are simply different oughts that are supposed to be capable of operating in the service of, and playing distinct roles associated with, what I shall call different core normative practices. In particular, there is a) some salient core practice-serving ought for which it’s true that “ought” implies “feasible” and b) some other salient core practice-serving ought for which it’s false that “ought” implies “feasible.” I sketch a framework for understanding different core practice-serving oughts in general and then use this framework to consider which particular core practice-serving oughts might be capable of vindicating our ambivalence. I begin by considering and rejecting a prevalent and prima facie promising account according to which the relevant oughts are the prescriptive ought and the evaluative ought. I then propose a different account that holds that the oughts we need are instead the deliberative ought and the hypological ought. (shrink)

The familiar complaint that some ambitious proposal is infeasible naturally invites the following response: Once upon a time, the abolition of slavery and the enfranchisement of women seemed infeasible, yet these things were actually achieved. Presumably, then, many of those things that seem infeasible in our own time may well be achieved too and, thus, turn out to have been perfectly feasible after all. The Appeal to History, as we call it, is a bad argument. It is not true that (...) if some desirable state of affairs was actually achieved, then it was feasible that it was achieved. “Actual” does not imply “feasible,” as we put it. Here is our objection. “Feasible” implies “not counterfactually fluky.” But “actual” does not imply “not counterfactually fluky.” So, “actual” does not imply “feasible.” While something like the Flukiness Objection is sometimes hinted at in the context of the related literature on abilities, it has not been developed in any detail, and both premises are inadequately motivated. We offer a novel articulation of the Flukiness Objection that is both more precise and better motivated. Our conclusions have important implications, not only for the admissible use of history in normative argument, but also by potentially circumscribing the normative claims that are applicable to us. (shrink)

Do motivational limitations due to human nature constrain the demands of justice? Among those who say no, David Estlund offers perhaps the most compelling argument. Taking Estlund’s analysis of “ability” as a starting point, I show that motivational deficiencies can constrain the demands of justice under at least one common circumstance — that the motivationally-deficient agent makes a good faith effort to overcome her deficiency. In fact, my argument implies something stronger; namely, that the demands of justice are constrained by (...) what people are sufficiently likely to be motivated to do. Thus, contrary to the prevailing wisdom, it is the business of ideal theory — not just nonideal theory — to work with the motivational capacities people are likely enough to have. (See also Estlund's reply in the same issue of EJPT and my rejoinder on Philpapers.). (shrink)

This paper offers an exploration of the socialist principle “From each according to their abilities, to each according to their needs.” The Abilities/Needs Principle is arguably the ethical heart of socialism but, surprisingly, has received almost no attention by political philosophers. I propose an interpretation of the principle and argue that it involves appealing ideas of solidarity, fair reciprocity, recognition of individual differences, and meaningful work. The paper proceeds as follows. First, I analyze Marx’s formulation of the Abilities/Needs Principle. Second, (...) I identify the principle’s initial plausibility, but show that it faces serious problems that cannot be addressed without developing a fresh interpretation of it. Third, I provide an interpretation of the principle that highlights demands concerning opportunities for self-realization in work, positive duties of solidarity, sensitivity to individual differences, and mechanisms of fair reciprocity. Fourth, I discuss a possible institutional implementation of the Abilities/Needs Principle. Finally, I identify some normative puzzles about the transition from capitalism to socialism, and suggest how the Abilities/Needs Principle might gain motivational traction by mobilizing the powerful idea of human dignity. (shrink)

Allen Buchanan proposes a methodological framework with which theorists may evaluate different theories of secession, including the National Self-Determination theory. An important claim he makes is, because the right to secede is inherently institutional, any adequate theory of secession must include, as an integral part, an analysis of institutional morality. Because the National Self-Determination theory blatantly lacks such an analysis, Buchanan concludes that this theory is inherently flawed. In this paper, I consider Buchanan’s framework and the responses from supporters of (...) national self-determination theory. I try to clarify the confusion shared by both parties. I conclude that, although Buchanan’s theory of institutional morality is sound, his critiques of the national self-determination theory fails. (shrink)

Sustainability is commonly recognized as an important goal, but there is little agreement on what sustainability is, or what it requires. This paper looks at some common approaches to sustainability, and while acknowledging the ways in which they are useful, points out an important lacuna: that for something to be sustainable, people must be willing to work to sustain it. The paper presents a framework for thinking about and assessing sustainability which highlights people working to sustain. It also briefly discusses (...) Integrated Water Resource Management and the example of the California Water Plan to explore what such a perspective brings that is overlooked in other approaches, and how this approach might be pursued. Ultimately, this framework argues that a system can only be described as sustainable if people’s work to sustain the system is biophysically possible, socially possible, and if people would freely choose to do the sustaining work. -/- Read More: http://ascelibrary.org.proxy1.cl.msu.edu/doi/abs/10.1061/%28ASCE%29WR.1943-5452.0000526. (shrink)

Recent methodological debates regarding the place of feasibility considerations in normative political theory are hindered for want of a rigorous model of the feasibility frontier. To address this shortfall, I present an analysis of feasibility that generalizes the economic concept of a production possibility frontier and then develop a rigorous model of the feasibility frontier using the familiar possible worlds technology. I then show that this model has significant methodological implications for political philosophy. On the Target View, a political ideal (...) presents a long-term goal for morally progressive reform efforts and, thus, serves as an important reference point for our specification of normative political principles. I use the model to show that we can- not reasonably expect that adopting political ideals as long-term reform objectives will guide us toward the realization of morally optimal feasible states of affairs. I conclude by proposing that political philosophers turn their attention to the analysis of actual social failures rather than political ideals. (shrink)

My aim in this paper is twofold. First, I challenge the view that ideal normative principles offer appropriate guidelines for our efforts to identify morally progressive institutional reform strategies. I shall call this view the "ideal guidance approach." Second, I develop an alternative methodological approach to specifying nonideal normative principles, which I call the "failure analysis approach." I contrast these alternatives using examples from the global justice literature.

Political philosophers frequently claim that political ideals can provide normative guidance for unjust and otherwise nonideal circumstances. This is mistaken. This paper demonstrates that political ideals contribute nothing to our understanding of the normative principles we should satisfy amidst unjust or otherwise nonideal circumstances.

There appear to be few ways available to improve the prospects for international cooperation to address the threat of global warming within the very short timeframe for action. I argue that the most effective and plausible way to break the ongoing pattern of delay in the international climate regime is for economically powerful states to take the lead domestically and demonstrate that economic welfare is compatible with rapidly decreasing GHG emissions. However, the costs and risks of acting first can be (...) very large. This raises the question of whether it is fair to expect some states to go far ahead of others in an effort to improve the conditions for cooperation. I argue that a costly obligation to act unilaterally and to accept weak initial reciprocity can be justified and does not violate standards of fair burden sharing. Rather, the costs of creating the underlying conditions within which we can hope to achieve meaningful international cooperation are non-­‐ideal burdens for which we can appropriately assign fair shares. (shrink)

I discuss Gheaus's (2013) argument against the claim that the requirements of justice are not constrained by feasibility concerns. I show that the general strategy exemplified by this argument is not only dialectically puzzling, but also imposes a heavy cost on theories of justice -- puzzling because it simply sidesteps a presupposition of any plausible formulation of the so-called "feasibility requirement"; costly because it it deprives justice of its normative implications for action. I also show that Gheaus's attempt to recover (...) this normative force presupposes an epistemic dimension to the feasibility requirement that most proponents of that requirement would reject. (shrink)

Many political philosophers hold the Feasible Alternatives Principle (FAP): justice demands that we implement some reform of international institutions P only if P is feasible and P improves upon the status quo from the standpoint of justice. The FAP implies that any argument for a moral requirement to implement P must incorporate claims whose content pertains to the causal processes that explain the current state of affairs. Yet, philosophers routinely neglect the need to attend to actual causal processes. This undermines (...) their arguments concerning moral requirements to reform international institutions. The upshot is that philosophers’ arguments must engage in causal analysis to a greater extent than is typical. -/- [Supplement: Handout available at http://db.tt/fyuVW3Xv]. (shrink)

Does ?ought? imply ?can? for collectives' obligations? In this paper I want to establish two things. The first, what a collective obligation means for members of the collective. The second, how collective ability can be ascertained. I argue that there are four general kinds of obligation, which devolve from collectives to members in different ways, and I give an account of the distribution of obligation from collectives to members for each of these kinds. One implication of understanding collective obligation and (...) ability in the proposed way is that a group can be blameworthy for failing to realize its obligation even when no member of the group is blameworthy for failing to realize her obligation. (shrink)

This article provides a conceptual map of the debate on ideal and non‐ideal theory. It argues that this debate encompasses a number of different questions, which have not been kept sufficiently separate in the literature. In particular, the article distinguishes between the following three interpretations of the ‘ideal vs. non‐ideal theory’ contrast: full compliance vs. partial compliance theory; utopian vs. realistic theory; end‐state vs. transitional theory. The article advances critical reflections on each of these sub‐debates, and highlights areas for future (...) research in the field. (shrink)

It is conventional wisdom among political philosophers that ideal principles of justice must guide our attempts to design institutions to avert actual injustice. Call this the ideal guidance approach. I argue that this view is misguided— ideal principles of justice are not appropriate "guiding principles" that actual institutions must aim to realize, even if only approximately. Fortunately, the conventional wisdom is also avoidable. In this paper, I develop an alternative approach to institutional design, which I call institutional failure analysis. The (...) basic intuition of this approach is that our moral assessment of institutional proposals is most effective when we proceed from a detailed understanding of the causal processes generating problematic social outcomes. Failure analysis takes the institutional primary design task to be obviating or averting institutional failures. Consequently, failure analysis enables theorists to prescribe more effective solutions to actual injustice because its focuses on understanding the injustice, rather than specifying an ideal of justice. (shrink)

I discuss what learned and innate routines of self and other attribution agents need to possess if they are to enter into cooperative arrangements as described game theoretically. I conclude that these are not so different from belief desire psychology as described by philosophers of mind.

In an introduction to a French edition of Kant´s Zum ewigen Frieden, Charles Lemonnier, who was involved in the international peace movement, wonders why Kant had not touched the ´social question´ in this essay. In this paper, I take Lemonnier´s explanation of Kant´s silence concerning that issue, combined with his appreciation of the ironic format of the text as a starting point to analyse the irony in the essay. This analysis, in which, for heuristic purposes, Kant is compared with Plato, (...) demonstrates a connection of Kant´s irony with the rigour of his political philosophy, rooted as it is in the moral principle. The irony, thus conceived, is determined, pace Rorty, in many respects as genuinely Rortyan. This result is used to criticise a suggestion by Williams to abandon irony by going far enough in recognizing historical contingency as to no longer need it. (shrink)

Estlund has replied to my "Motivational Demands on the Limits of Justice". This short note is my rejoinder.