Varieties of Justice, Misc

In public reason liberalism, equal respect requires that conceptions of justice be publicly justifiable to relevant people in a manner that allocates to each an equal say. But all liberal public justification also excludes: e.g., it accords no say, or a lesser say, to people it deems unreasonable. Can liberal public justification be aligned with the equal respect that allegedly grounds it, if the latter calls for discursive equality? The chapter explores this challenge with a focus on Rawls-type political liberalism. (...) I suggest that political liberalism’s commitment to equal respect can cohere with the standing of the unreasonable in public justification if that standing is not impermissibly unequal in discursive purchase. I then consider one candidate view of the permissibility of purchase inequality. On this broadly sufficientarian view, purchase inequality is permissible provided relevant people have standing of enough purchase to be able to avoid relevant bads. A plausible variant of this view suggests that political liberalism’s commitment to equal respect does not cohere with the discursive standing of the unreasonable. It emerges that where liberal public justification accords actual people discursive respect but relevantly idealizes at least around its fringes, the permissibility of purchase inequality must be a central concern. (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)

Some retributivists claim that when we punish wrongdoers we achieve a good: justice. The paper argues that the idea of justice, though rhetorically freighted with positive value, contains only a small core of universally-agreed meaning; and its development in a variety of competing conceptions simply recapitulates, without resolving, debates within the theory of punishment. If, to break this deadlock, we stipulate an expressly retributivist conception of justice, then we should concede that punishment which is just (in the stipulated sense) may (...) be morally wrong. (shrink)

In this paper, I will draw on the capabilities approach to social justice and human development as advanced, among others, by Martha Nussbaum, and seek to provide some theoretical resources for better understanding our obligations to future persons. My argumentative strategy is as follows: First, I’ll briefly reconstruct a capabilities approach to justice, examining this sort of view’s normative foundations and methodology. Using Nussbaum’s capabilities list as a basis, I will argue that various social and environmental functions which are threatened (...) by climate change are crucial with respect to enabling morally and politically central capabilities for both current and future people. Here, I will draw on recent work by Breena Holland to establish the notion of a sustainable climate system as a necessary precondition for the enablement and protection of these entitlements. Then, I’ll extend this strategy to argue that the capabilities approach provides a uniquely useful threshold conception of harm to inform our thinking about our relationship to our posterity. It is my hope that the capabilities approach so applied can give us a novel way of understanding our responsibilities toward future people in a time where such an understanding is both unfortunately lacking and increasingly dire. Finally, I will discuss some implications of a capability-based account in the intergenerational context and some justifications for applying the approach in this way. Ultimately, I submit that this sort of view seems more well-fitted to this context than other approaches (e.g., contractarianism and consequentialism), and that it offers a unique vehicle for understanding our relations and obligations to future people. (shrink)

Extreme inequality of opportunity leads to a number of social tensions, inefficiencies and injustices. One issue of increasing concern is the effect inequality is having on people’s fair chances of attaining meaningful work, thus limiting opportunities to make a significant positive contribution to society and reducing the chances of living a flourishing life and developing their potential. On a global scale we can observe an increasingly uneven provision of meaningful work, raising a series of ethical concerns that need detailed examination. (...) The aim of this article is to explore the potential of a normative framework based upon the idea of contributive justice to defend a fairer provision of meaningful work. (shrink)

This essay reviews two books by Rainer Forst: "The Right to Justification: Elements of a Constructivist Theory of Justice"; and "Justice, Democracy and the Right to Justification: Rainer Forst in Dialogue".

Brief thoughts on why Rawls' "fictional" veil of ignorance is in fact real and why social morals and self-interest thus converge.

"Introduzione" alla raccolta di articoli di Rahel Jaeggi "Forme di vita e capitalismo", curata e tradotta da Marco Solinas, e uscita per Rosenberg & Sellier nel 20016.

Capitalismo e riconoscimento" presenta, in cinque saggi per la prima volta raccolti insieme e tradotti in italiano, una densa e pregnante analisi di taluni cruciali processi socio-strutturali, morali e normativi delle società capitalistiche contemporanee dalla prospettiva delle dinamiche del reciproco riconoscimento e del disrispetto concernenti la sfera del lavoro. Particolare attenzione è dedicata ai paradossali rovesciamenti delle istanze di autorealizzazione, autonomia e responsabilità personale registratisi negli ultimi decenni nel quadro di un mercato del lavoro sempre più deregolato.

The paper aims to single out and clarify some causal connections between theconcomitant growth of depressive phenomena, not only in the strict clinicalsense, and the establishment of the new capitalist model, which has taken place in Western countries from the early seventies until today. As well as onthe mechanism of labour market flexibility, the essay dwells in particular onthe paradoxical dynamics of the ethical and moral ideals of the newideological configuration. Finally, the paper will also use the category of hegemony (...) to offer some theoretical instruments directed at reactivating theemancipatory potentials frustrated by social suffering of a depressive and regressive nature. Il saggio mira a individuare e delucidare alcuni nessi causali tra il concomitante incremento dei fenomeni depressivi, non solo in senso strettamente clinico, e l’affermazione del nuovo modello capitalistico avvenuto nei paesi occidentali dai primi anni settanta ad oggi. Oltre che sul meccanismo della flessibilità del mercato del lavoro, si insiste in particolare sulle dinamiche paradossali delle istanze etiche e morali della nuova configurazione ideologica. Ricorrendo anche alla categoria di egemonia, vengono da ultimo approntati degli strumenti teorici finalizzati a riattivare i potenziali emancipativi frustrati nella sofferenza sociale di natura depressiva e regressiva. (shrink)

This dissertation defends a “non-ideal theory” of justice: a systematic theory of how to respond justly to injustice. Chapter 1 argues that contemporary political philosophy lacks a non-ideal theory of justice, and defends a variation of John Rawls’ famous original position – a Non-Ideal Original Position – as a method with which to construct such a theory. Chapter 1 then uses the Non-Ideal Original Position to argue for a Fundamental Principle of Non-Ideal Theory: a principle that requires injustices to be (...) dealt with in whichever way will best satisfy the preferences of all relevant individuals, provided those individuals are all rational, adequately informed, broadly moral, and accept the correct “ideal theory” of fully just conditions. Chapter 2 then argues for the Principle of Application – an epistemic principle that represents the Fundamental Principle’s satisfaction conditions in terms of the aims of actual or hypothetical reformist groups. Chapters 3-5 then use these two principles to argue for substantive views regarding global/international justice. Chapter 3 argues that the two principles establish a higher-order human right for all other human rights to promoted and protected in accordance with the two principles of non-ideal theory. Chapter 4 argues that the two principles defeasibly require the international community to tolerate unjust societies, provided those societies respect the most basic rights of individuals. Finally, Chapter 5 argues that the two principles imply a duty of the international community to ameliorate the most severe forms of global poverty, as well as a duty to pursue “fair trade” in international economics. (shrink)

In On Liberty, John Stuart Mill argues that free speech possesses value because listening is valuable: it can advance one’s own thinking and action. However, listening becomes difficult when one finds the views of a speaker to be wrong, repellant, or even simply naïve. Everyday wisdom would have it that such cases present the greatest opportunities for growth. Is there substance to this claim? In particular, is there radical political value to be found in listening to others at the very (...) times one is most disinclined to do so? I contend that there is. This paper explores the political potential of what I call “radical listening.” What characterizes radical listening? How can it serve politically transformative purposes? To what extent are the powers of radical listening strategic, and to what extent is it valuablefor more conceptual reasons? Under what circumstances is it appropriate? What are the limits to, and dangers of, radical listening? (shrink)

This article surveys five approaches to justice in contemporary Anglo-American legal thought: pure proceduralism, the sources thesis, the semiotic model, the social convention model, and the ‘law and...’ model. Each approach has associated justice with the foundation of the legal structure of rules, principles and the like. The foundation for pure proceduralism has rested in the conditions (such as majority will, freedom of expression, and political equality), external to the pure process. For the sources thesis, the foundation has been the (...) state institutions, such as courts and legislatures and ultimately to the state external to the legal structure. With the semiotic model, the structure of signifying concepts (rules, principles, doctrines and other intelligible objects) takes the foundation as a non-signified concept (such as Hans Kelsen’s Grundnorm) external to the signifying relations inside the structure. For the social convention model, the key has been the observation by a jurist of the regularity of a multiplicity of experienced events and the regularity, in turn, is a concept which abstracts from and unifies the multiplicity into a concept. The final approach, the law and…approach, has assumed that the foundation lies in the external and independent disciplinary discourse, thereby reinforcing the observed legal structure as given. -/- The foundation, in each context, has been considered external to the units and analytical reasoning of the legal structure. The foundation, that is, has been considered neither legal nor illegal. The consequence has been that jurists, working within the structure founded by an externality, cannot access justice. The clue to justice, I suggest, is concealed inside the structure itself: namely in the multiplicity of experienced events which the concepts and signifying relations have enclosed and forgotten. The Paper briefly fleshes out the latter sense of access to justice. (shrink)