In his recent bookThe Idea of Justice, Amartya Sen suggests that political philosophy should move beyond the dominant, Rawls-inspired, methodological paradigm – what Sen calls ‘transcendental institutionalism’ – towards a more practically oriented approach to justice: ‘realization-focused comparison’. In this article, I argue that Sen's call for a paradigm shift in thinking about justice is unwarranted. I show that his criticisms of the Rawlsian approach are either based on misunderstandings, or correct but of little consequence, and conclude that the Rawlsian (...) approach already delivers much of what Sen himself wants from a theory of justice. (shrink)

any of us think that we have duties of distributive justice towards our fellow citizens that we do not have towards foreigners. Is that thought justified? This paper considers the nature of the state's relationship to distributive justice from the perspective of utilitarianism, a theory that is barely represented in contemporary philosophical debates on this question. My strategy is to mount a utilitarian case for state-specific duties of distributive justice that is similar in its basic structure to the one that (...) is standardly mounted for special duties towards the near and dear. I begin with a discussion of whether or not the co-citizen relationship can be justified in terms of its welfare consequences. I then consider what the answer to that first question implies concerning the duties of distributive justice that arise within that relationship. (shrink)

Pluralistic theories of global distributive justice aim at justifying a plurality of principles for various subglobal contexts of distributive justice. Helena de Bres has recently proposed the class of disaggregated pluralistic theories, according to which we should refrain from defending principles that apply to the shared background conditions of such subglobal contexts. This article argues that if one does not justify how these background conditions should be regulated by principles of a just global basic structure, then the realization of the (...) principles that are justified for the subglobal contexts of distributive justice can erode and undermine justice over time. For example, the realization of justice in international trade might undermine climate justice, at least if climate justice requires increasing tariffs but justice in international trade calls for reducing tariffs. Principles of a just global basic structure would have to ensure that such justice-eroding spillover effects from one to another context of justice do not occur. Finally, the article responds critically to de Bres’ objections that an account of a just global basic structure is too idealistic, not action guiding, and superfluous. (shrink)

Are democratic egalitarians bound to endorse statism? It seems so, since they insist on democratic reciprocity, and no such relation exists in the global realm. Would it not, then, be inconsistent to endorse both cosmopolitanism and democratic egalitarianism? Democratic egalitarians seemingly face a dilemma: either they accept statism, or they must explain why not. Luck egalitarianism, by contrast, seemingly grounds more straightforwardly the claim that justice is global in scope. My thesis is twofold: first, I show that democratic egalitarians can (...) escape the dilemma, to the effect that, as such, they need be committed neither to statism nor to cosmopolitanism, and that luck egalitarians are not as shielded from the dilemma as it might seem. Second, I defend the plausibility of global social egalitarianism against both statist variants of democratic egalitarianism and luck egalitarianism, and suggest a form of division of labor between domestic and global justice. (shrink)

ABSTRACT:Demands have been growing upon firms to take actions in the interests of workers, the environment, local communities, and others. Firms sometimes have felt they could best discharge such responsibilities by cooperating with other firms. This, however, is suspect from the point of view of a purely economic interpretation of competition law, since interfirm agreements may raise prices and thus lower welfare for consumers. Should competition law remain focused on competition enhancing economic welfare, or be reformed to allow for acts (...) of cooperation that are socially beneficial? To answer this question, the article provides a philosophical reevaluation of the deep-seated view that firms are merely private actors. It argues that demands of political legitimacy should also be addressed at firms cooperating together, and that standard views of democratic accountability should be broadened, introducing a model of delegated, sequential decision making which allows regulatory agencies and parliaments to control interfirm agreements. (shrink)

We live in an era of global migratory potential — a time when a vast number of people have the physical capacity to move relatively quickly and easily between states. In this article, I use this fact to motivate a powerful objection to ‘statism’, the view that the egalitarian principles of justice which apply to citizens have no application outside the boundaries of the state. I argue that, in a world characterized by global migratory potential, the supposed contrast between the (...) normative standing of citizens and non-citizens on which the doctrine of statism depends is much harder to establish than proponents of the doctrine seem to realize. Focusing initially on the well-known justification for statism based on the notion of reciprocity between cooperators in a joint venture for mutual advantage, I argue that non-citizens play just as important a role as citizens in upholding schemes of cooperation, and that non-citizens should therefore be included in the scope of egalitarian justice along with citizens. I then go on to explain why the problem raised by the fact of migratory potential threatens to undermine not only the reciprocity-based conception, but all other conceptions of statism. The challenge for the proponent of statism is to show that the relationship in which each individual citizen stands with the state is not only a justice-grounding relationship, but also one in which no non-citizen stands with the state. The challenge has not been met so far, and I argue that it is unlikely to be met in the future. (shrink)

Childress and colleagues (2023) review several arguments that would support the unilateral withdrawal of ECMO (extracorporeal membrane oxygenation) against the wishes of a capacitated patient (Mr....

In the last two decades, a robust consensus has emerged among philosophers of science, whereby political, ethical, or social values must play some role in scientific inquiry, and that the ‘value-free ideal’ is thus a misguided conception of science. However, the question of how to distinguish, in a principled way, which values may legitimately influence science remains. This question, which has been dubbed the ‘new demarcation problem,’ has until recently received comparatively less attention from philosophers of science. In this paper, (...) I appeal to Rawls’s theory of justice (1971) on the basis of which I defend a Rawlsian solution to the new demarcation problem. As I argue, the Rawlsian solution places plausible constraints on which values ought to influence scientific inquiry, and, moreover, can be fruitfully applied to concrete cases to determine how the conflicting interests of stakeholders should be balanced. After considering and responding to the objection that Rawls’s theory of justice applies only to the “basic structure” of society, I compare the Rawlsian solution to some other approaches to the new demarcation problem, especially those that emphasize democratic criteria. (shrink)

In this article, we survey some current debates among cosmopolitans and their critics. We begin by surveying some distinctions typically drawn among kinds of cosmopolitanisms, before canvassing some of the diverse varieties of cosmopolitan justice, exploring positions on the content of cosmopolitan duties of justice, and a prominent debate between cosmopolitans and defenders of statist accounts of global justice. We then explore some common concerns about cosmopolitanism – such as whether cosmopolitan commitments are necessarily in tension with other affiliations people (...) typically have and how we should deal with issues concerning a perceived lack of authority in the global domain – and whether these can be addressed. We also look briefly at how the concern with feasibility has led some to take up the challenge of devising public policy that is cosmopolitan in outlook, before offering some concluding remarks on future directions in these debates. (shrink)

Some key political challenges today, e.g. climate change, are future oriented. The intergenerational setting differs in some notable ways from the intragenerational one, creating obstacles to theorizing about intergenerational justice. One concern is that as the circumstances of justice do not pertain intergenerationally, intergenerational justice is not meaningful. In this paper, I scrutinize this worry by analysing the presentations of the doctrine of the circumstances of justice by David Hume and John Rawls. I argue that we should accept the upshot (...) of their idea, that justice is context sensitive, even if this at first sight seems to invalidate intergenerational justice. On the basis of moral constructivism, I subsequently provide a fresh reading of the doctrine according to which it conveys the idea that justice is the solution to a practical problem. However, as the problem background is evolving, we need to properly characterize the relevant practical problem in order to make ethical theorizing relevant. Contrary to what has been claimed, the circumstances of justice do not then clash with intergenerational justice, but are the necessary presuppositions for its advancement. (shrink)

ABSTRACT:Singer has recently argued that questions related to corporate governance are beyond the reach of Rawls’s political conception of justice. This is because justice applies to the basic structure of society, understood as society’s legally coercive structures, and because corporate governance cannot be considered part of this structure in political liberalism. This commentary challenges the second part of the argument. First, it suggests that the criterion used to exclude corporate governance from the basic structure—whether employees can exit economic organizations—is not (...) conclusive for corporate governance, notably as institutionalized in corporate law. Second, even if the focus were on corporate governance, it would still be possible to argue that it legally coerces citizens, if not employees, in a relevant way. Thus, the argument is not successful in demonstrating that political liberalism goes beyond its legitimate boundaries when considering that aspects of corporate governance may be matters of justice. (shrink)

Are countries especially entitled, if not obliged, to prioritize the interests or well-being of their own citizens during a global crisis, such as a global pandemic? We call this partiality for compatriots in times of crisis “crisis nationalism”. Vaccine nationalism is one vivid example of crisis nationalism during the COVID-19 pandemic; so is the case of the US government’s purchasing a 3-month supply of the global stock of the antiviral Remdesivir for domestic use. Is crisis nationalism justifiable at all, and, (...) if it is, what are its limits? We examine some plausible arguments for national partiality, and conclude that these arguments support crisis nationalism only within strict limits. The different arguments for partiality, as we will note, arrive at these limits for different reasons. But more generally, so we argue, any defensible crisis nationalism must not entail the violation of human rights or the worsening of people’s deprivation. Moreover, we propose that good faith crisis nationalism ought to be sensitive to the potential moral costs of national partiality during a global crisis and must take extra care to control or offset these costs. Thus, crisis nationalism in the form of vaccine nationalism or the hoarding of global supplies of therapeutics during a global pandemic exceeds the bounds of acceptable partiality. (shrink)

To whom is egalitarian justice owed? Our fellow citizens, or all of humankind? If the latter, what form might a global brand of egalitarianism take? This paper examines some recent debates about the justification, and content, of global egalitarian justice. It provides an account of some keenly argued controversies about the scope of egalitarian justice, between those who would restrict it to the level of the state and those who would extend it more widely. It also notes the cross-cutting distinction (...) between relationists (whose views on scope are derived from a belief about which relations, practices or institutions give rise to the demands of equality) and non-relationists (who place no such importance on empirical facts about the relations between individuals). Beyond this, it sets out some of the different principles that might flow from a commitment to global egalitarianism. One of the key goals is to highlight the increasing diversity within debates on global justice, so that even those with a shared commitment to global equality may espouse different views about the justifications for equality, as well as the nature of, and proper sites for, egalitarian principles. (shrink)

This book offers an original account of a distinctly republican theory of social and global justice. The book starts by exploring the nature and value of Hegelian recognition theory. It shows the importance of that theory for grounding a normative account of free and autonomous agency. It is this normative account of free agency which provides the groundwork for a republican conception of social and global justice, based on the core-ideas of freedom as non-domination and autonomy as non-alienation. As the (...) author argues, republicans should endorse a sufficientarian account of social justice, which focuses on the nature of social relationships and their effects on people's ability to act freely and realize their fundamental interests. On the global level, the book argues for the cosmopolitan extension of the republican principles of non-domination and non-alienation within a multi-level democratic system. In so doing, the book addresses a major gap in the existing literature, presenting an original theory of justice, which combines Hegelian recognition theory and republican ideas of freedom, and applying this hybrid theory to the global domain. Fabian Schuppert creates a grand synthesis uniting neo-republican insights on freedom with Hegelian recognition theory. The result is an account of agency that arises from the idea of non-domination whose aim it is to safeguard individual freedom. When combined with Hegelian recognition theory a social focus also emerges. This amalgam comments on many of the major disputes concerning global justice from a cosmopolitan perspective. Because of the broad scope and the many contemporary discussions engaged this book will be of keen interest to scholars as well as a welcome addition to the classroom. (shrink)

In this paper, I will argue that Rawls’s duty of assistance offers an incomplete picture of our international social and economic responsibilities. I will start by presenting the two main interpretations of the ‘Rawlsian circumstances of egalitarian distributive justice’ – the first requiring the existence of a ‘certain kind’ of cooperation, the second the existence of a ‘certain kind’ of interaction with the will – and then show that none of them rules out the applicability of international principles of egalitarian (...) distributive justice. My argument will draw on societies’ participation in the World Trade Organisation (WTO). So, in the second section I will show that even though this organization is not endowed with a centralized coercive authority, its participants are asked to accept significant constraints on their behaviour and are therefore owed a special justification for these constraints. I will also suggest that the alleged voluntariness of this organization may not only be contested (especially when developing societies are involved), but may also not be sufficient to rule out requirements of distributive equality. In the third section, I will show that, as any system of cooperation, the WTO gives rise to requirements of fairness and that, given the purpose it claims to serve, not all inequalities that can be traced back to so-called ‘domestic’ factors can be considered justified. More specifically, I will argue that the fairness of the WTO requires that all its participants be given a fair chance of benefiting from global market competitions, and that this is likely to entail significant egalitarian distributive duties among societies. (shrink)

Economic theory teaches that it is in every country’s interest to trade. Trade is a voluntary activity among consenting parties. On this view, considerations of justice have little bearing on trade, and political philosophers concerned with global justice should stay largely silent on trade. According to a very different view that has recently gained prominence, international trade can only occur before the background of an international market reliance practice shaped by states. Trade is a shared activity among states, and all (...) participating states have in principle equal claims to gains from trade. Trade then becomes a central topic for political philosophers. Both views are problematic. A third view about the role of trade in a theory of global justice is then presented, which gives pride of place to a notion of exploitation. The other two views should be abandoned. (shrink)

John Rawls famously claims that ‘justice is the first virtue of social institutions’. On one of its readings, this remark seems to suggest that social institutions are essential for obligations of justice to arise. The spirit of this interpretation has recently sparked a new debate about the grounds of justice. What are the conditions that generate principles of distributive justice? I am interested in a specific version of this question. What conditions generate egalitarian principles of distributive justice and give rise (...) to equality as a demand of justice? My paper focuses on relationalist answers to this question. Advocates of relationalism assume that ‘principles of distributive justice have a relational basis’, in the sense that ‘practice mediated relations in which individuals stand condition the content, scope and justification of those principles’. To say that principles of justice are ‘based’ on and ‘conditioned’ by practice mediated relations is ambiguous. I will here be concerned with advocates of what I call the relationalist requirement , viz. positions which assume that ‘practice mediated relations’ constitute a necessary existence condition for principles of egalitarian distributive justice. Relationalists who endorse this view come in different varieties. My focus is on relationalists that view social and political institutions as the relevant ‘practice mediated relation’. The question at stake, then, is this: Are institutionally mediated relations a necessary condition for equality to arise as a demand of justice? Strong relationalists of the institutionalist cast, call them advocates of the institutionalist requirement , differ in important respects. They argue about what set of institutions is foundationally significant, and they disagree on why only that institutional relation gives rise to egalitarian obligations of justice. My paper engages two ways of arguing for the institutionalist requirement : Julius’s framing argument and Andrea Sangiovanni’s reciprocity argument . The issue at stake are the grounds of egalitarian justice and I will argue that the institutionalist requirement is mistaken. It is not the case that egalitarian obligations of distributive justice arise only between and solely in virtue of individuals sharing a common institution. (shrink)

This paper develops a novel competition criterion for evaluating institutional schemes. Roughly, this criterion says that one institutional scheme is normatively superior to another to the extent that the former would engender more widespread political competition than the latter. I show that this criterion should be endorsed by both global egalitarians and their statist rivals, as it follows from their common commitment to the moral equality of all persons. I illustrate the normative import of the competition criterion by exploring its (...) potential implications for the scope of egalitarian principles of distributive justice. In particular, I highlight the challenges it raises for global egalitarians' efforts to justify extending the scope of egalitarian justice beyond the state. (shrink)

This paper defends the pertinence of global justice in the contemporary world. It accepts, for the sake of argument, Nagel's view that matters of justice arise only when political authority is asserted or exercised and, connectedly, his rejection of the cosmopolitan thesis. However, it challenges his conclusion that considerations of justice do not apply beyond the state. It argues that on any plausible account of the relationship between authority and justice international institutions, such as the World Trade Organisation, are now (...) authoritative in the right way to justify their evaluation from the point of view of justice. (shrink)

This paper discusses the idea that trade – the practice of regularised exchange of goods or services between nation-states for mutual advantage under an orchestrated system of rules – can generate moral duties, duties that exist between only participants in the activity. It considers this idea across three duties often cited as duties of trade: duties not to harm; duties to provide certain basic goods; and duties to distribute benefits and burdens fairly. The paper argues that these three duties seem (...) unlikely contenders for duties thought in some sense to supervene on trade, the former two because they seem to exist regardless of the existence of trade and the latter because it seems to apply to a group more widely conceived than to be coherently thought centred on trade. It concludes that, at least across these three duties, it is more plausible to think that they are duties which, although possibly having relevance for how trade is conducted, do not emerge from the practice and are, rather, grounded elsewhere. (shrink)

Proponents of using genetically modified (GM) crops and food in the developing world often claim that it is unjust not to use GMOs (genetically modified organisms) to alleviate hunger and malnutrition in developing countries. In reply, the critics of GMOs claim that while GMOs may be useful as a technological means to increase yields and crop quality, stable and efficient institutions are required in order to provide the benefits from GMO technology. In this debate, the GMO proponents tend to rely (...) on a simple utilitarian type of calculus that highlights the benefits of GMOs to the poor, but that overlooks the complex institutional requirements necessary for GMO production. The critics, recognizing the importance of institutional conditions, focus primarily on the negative impacts of institutional deficiencies, thereby overlooking the basically Rawlsian claim that institutions per se may generate claims to justice. This article investigates how GMOs might generate claims to global justice and what type of justice is involved. The paper argues that the debate on GMOs and global justice can be categorized into three views, i.e., the cosmopolitan, the pluralist, and the sceptic. The cosmopolitan holds that GMOs can and should be used for alleviating global hunger, whereas the sceptic rejects this course of action. I will argue here for a moderately cosmopolitan approach, relying on the pluralist view of institutions and the need to exploit the benefits of GMOs. This argument rests on the premise that global cooperation on GMO production provides the relevant basis for assessing the use of GMOs by the standard of global distributive justice. (shrink)

In addition to having an institutional site or scope, a theory of distributive justice might also have an institutional ‘reach’ or currency. It has the first when it applies to only social phenomena. It has the second when it distributes only socially produced goods. One objection to luck egalitarianism is that it has absurd implications. In response, Tan has defended a luck egalitarian account that has a strictly institutional reach. I argue, first, that Tan’s view contains two fatal ambiguities and, (...) second, that, to be sound, it requires an institutional currency. This second argument implies that virtually all extant luck egalitarian currencies are incompatible with his approach. I argue, third, that the alleged absurd implications often have little to do with the extent of luck egalitarianism’s reach. (shrink)

The argument from background justice is that conformity to Lockean principles of justice in agreements and transactions does not preclude the development of inequalities that undermine the freedom and fairness of those very transactions, and that, therefore, special principles are needed to regulate society's “basic structure.” Rawls offers this argument as his “first kind of reason” for taking the basic structure to be the primary subject of justice. Here I explore the background justice argument and its implications for questions about (...) the scope of distributive justice. As it turns out, the background justice argument can offer no independent support for conclusions about the scope of distributive justice. For the special principles that it justifies inherit their scope from conclusions that must be established or assumed in advance. These prior conclusions are precisely what is at issue in debates about global justice. (shrink)

ABSTRACT:The major aim of this article is to show that John Rawls’s theory of justice cannot be applied effectively to questions of business ethics and corporate governance. I begin with a reading of Rawls that emphasizes both the critical and pragmatic nature of his theory. In the second section I look more closely at the notion of society’s “basic structure” and its place within Rawls’s theory. In the third section, I argue that “the corporation” cannot be understood as part of (...) this basic structure and is not, therefore, a subject of justice for Rawls or his interpreters. Finally, I show that Rawls’s inability to speak to the corporation is a weakness, regardless of one’s particular view on the corporation. I conclude by considering what Rawls’s theory helps us to understand about the problems involved in integrating corporate governance, business ethics, and political philosophy. (shrink)

The debate about global distributive justice is characterized by an often stark opposition between universalistic approaches, advocating an egalitarian global redistribution of wealth (Beitz, Pogge, Barry, Tan), and particularistic positions, aiming to justify a restriction of redistribution to the domestic community (D. Miller, R. Miller, Blake, Nagel, Rawls). I argue that an approach starting from the deliberative model of democracy (Habermas) can overcome this opposition. On the one hand, the increasingly global scope of economic interactions implies that the range of (...) individuals concerned with the redistribution of wealth should also be increasingly universal. On the other hand, the need for democratic deliberation refers to the fact that demands of justice should be contextual and should take into account the particular circumstances, needs and values of the people concerned. Both concerns can be realized simultaneously only within a multi-layered democratic system in which redistribution is a concern at the domestic, the international and the global level. (shrink)

Proponents of practice-dependent egalitarianism argue that egalitarian duties and entitlements only apply among participants in morally relevant practices. In this paper, I argue that these views are implausible because they allow for objectionable treatment of non-participants. I show that it is impossible, on the basis of practice-internal considerations alone, to determine the extent to which the pursuit of practices can permissibly limit the opportunities of non-participants. There are opportunities beyond the current holdings of practices to which no one has a (...) privileged claim (such as unowned natural resources), and the distribution of which is a matter of justice. A just distribution of such unowned distributive goods, though, requires a practice-independent distributive baseline. I further show that such a baseline can only be egalitarian because all alternative baselines face serious objections. From this I conclude that any plausible theory of distributive justice must accept some form of equal practice-independent distributive entitlements. (shrink)

Rawls’s account of international toleration in The Law of Peoples has been the subject of vigorous critiques by critics who believe that he unacceptably dilutes the principles of his Law of Peoples in order to accommodate non-liberal societies. One important component in these critiques takes issue specifically with Rawls’s inclusion of certain non-liberal societies (‘decent peoples’) in the constituency of justification for the Law of Peoples. In Rawls’s defence, I argue that the explanation for the inclusion of decent peoples in (...) the constituency of justification is not, as is standardly assumed, that they are the kind of societies that ought to be tolerated in that way on some prior conception of which kinds of societies ought to be tolerated in that way. The real explanation appeals to a methodological principle underlying Rawls’s approach to political justification, according to which liberals owe justification, as a matter of liberal principle, to those who comply with liberal principles for political institutions that apply to them. If such liberal principles can be complied with by agents who nevertheless cannot accept fully liberal justifications for those principles, then liberalism itself requires liberals to seek justifications which they can accept. This approach gives us a new way to view decent peoples: as just such agents, who are therefore owed a justification for the Law of Peoples that they can accept. Decency is thus a concept that is internal to liberal political justification at the international level. Reading Rawls in this way permits a coherent and attractive defence of his strategy of toleration and of his international theory as a whole. (shrink)

This article examines two potential Rawlsian arguments, namely the moral dualism argument and the educative effect of institutions argument as regards the extension of the primary subject of justice to personal conduct. The article makes two claims. First, while moral dualism is a logical step to make, it suffers from a potential conflict between the principles that apply to institutions and those that govern personal conduct. Second, despite the attractive features of the educative effect of institutions argument, an explanative gap (...) has to be filled in order to account for how and why individuals comply to just institutions. In the end, the article concludes that extending Rawls’s theory of justice to include personal conduct may be difficult to sustain. (shrink)

In this paper I discuss critically Mathias Risse's paper “Responsibility and Global Justice.” First, I argue that for Risse's pluralist account of the grounds of justice to hold together, there is need to presuppose a monist standpoint which ultimately contributes to grounding principles of justice. Second, I point out that Risse's understanding of obligations of accountability and justification is rather narrow in that it functions as an addendum to obligations of justice. Conversely, I will suggest that the obligation of accountability (...) plays a deeper role: The conditions that ground it feature at the same time among the grounds of obligations of justice. Accordingly, the kind of relation that gives rise to a duty among agents to account for their actions must be in place when obligations of justice obtain. Following on from these remarks I will adumbrate an alternative account of the relation which grounds obligations of justice. (shrink)

What bearing does living in an increasingly globalized world have upon the moral assessment of global inequality? This paper defends an account of global egalitarianism that differs from standard accounts with respect to both the content of and the justification for the imperative to reduce global inequality. According to standard accounts of global egalitarianism, the global order unjustly allows a person’s relative life prospects to track the morally arbitrary trait of where she happens to be born. After raising some worries (...) with these accounts, the author offers an alternative account of global egalitarianism, “social egalitarianism,” which locates the wrongfulness of global inequalities in their effects on social and political interaction rather than in the unfairness of their source. On this view, global inequalities wrongfully exclude the worse-off from partaking in the benefits of globalization. Consequently, social egalitarianism aims for the elimination of only those inequalities that impede such participation. (shrink)

This paper develops an account of how economic and political institutions can limit the applicability of principles of justice even in non-relational cosmopolitan conceptions. It shows that fundamental principles of justice underdetermine fair distributive shares as well as justice -based requirements. It argues that institutions partially constitute the content of justice by determining distributive shares and by resolving indeterminacies about justice -based requirements resulting from strategic interaction and disagreement. In the absence of existing institutions principles of justice might not be (...) applicable for assessing distributions or guiding individual action and institutional design. Hence, accepting a specific cosmopolitan conception of justice is insufficient to settle global distributive questions. (shrink)

Expectations play an important role in how people plan their lives and pursue their projects. People living in highly industrialized countries share a way of life that comes with high levels of emissions. Their expectations to be able to continue their projects imply their holding expectations to similarly high future levels of personal emissions. We argue that the frustration or undermining of these expectations would cause them significant harm. Further, the article investigates under what conditions people can be thought to (...) hold legitimate expectations, in particular about permissible levels of future emissions. We distinguish differing theories of understanding these conditions, namely authority-based and justice-based theories, that each allows us to systematically distinguish between legitimate and illegitimate expectations. Furthermore, with respect to individuals’ future permissible emissions we give several reasons for holding that such theories cannot identify a particular expectation to a specific level of personal emissions as the only legitimate one. Finally, we argue that the set of legitimate expectations that people hold with respect to a just and effective solution to climate change has normative significance in at least two ways: the differing but equally legitimate expectations ought to be taken into account when justifying what could count as such a solution and when determining the just way of arriving at and implementing such a solution. (shrink)

The idea that society is a cooperative venture has been used by contractualists, contractarians, and deliberative democrats to justify the burdens of society to each member. In such a cooperative venture, those who benefit from society owe a contribution and those who contribute are owed benefits. Even though this idea is quite intuitive, there are deep disagreements about what makes society cooperative. Some focus on acts of production, others on fair interaction, and still others on the intention to contribute to (...) shared projects. In this article, I show where this kind of disagreement causes problems in current debates, and I defend one conception of social cooperation as uniquely best. Specifically, I argue that the relevant acts that make society a cooperative venture are acts of institutional rule-following. Society is a cooperative venture because people cooperate with one another by following the rules of our basic institutions. (shrink)

Conflicting answers to the question of what principles of justice are for may generate very different ways of theorizing about justice. Indeed divergent answers to it are at the heart of G. A. Cohen's disagreement with John Rawls. Cohen thinks that the roots of this disagreement lie in the constructivist method that Rawls employs, which mistakenly treats the principles that emerge from a procedure that involves factual assumptions as ultimate principles of justice. But I argue that even if Rawls were (...) to abandon his constructivism, and to accept Cohen's argument that ultimate principles of justice are not grounded directly in any facts, their divergent views concerning the proper role of principles of justice would lead them to different conclusions. I contend that even if ultimate principles of justice are not directly grounded in any facts, the role that principles of justice are needed to play may mean that their justification depends upon facts about what is feasible and facts about what is burdensome to people. Contrary to what Cohen maintains, being dependent on the facts in this manner does not preclude a principle from being ultimate; nor do principles which have this sort of dependence on the facts necessarily combine justice with other values in a way that must lead to conflation. (shrink)

Focusing on the basic structure as the subject of justice has tended to lead theorists to make a choice: either there is no global basic structure and therefore obligations of justice remain domestic only or there is sufficient institutional basis at the global level to warrant affirming a basic structure global in scope, meaning that duties of justice must also be global. Recent literature, however, has pointed out that this might be a false choice between denying and asserting the existence (...) of a global basic structure. There are two main claims that I make in this paper. First, I claim that on a Rawlsian understanding of the basic structure, justice does not require one before its demands arise, but rather that under certain conditions, justice can require that a basic structure be established as an essential part of fulfilling its demands. This has the benefit of not restricting the scope of justice to the domestic sphere. Thus, the second claim is about determining, from a practice-dependent, non-ideal starting point, what those “certain conditions” are. Specifically, I argue that when currently existing global institutions begin impacting on the freedom of individuals to interact against a fair backdrop and pervasively impact on life chances, then the demands of justice will arise and we will need to establish a global basic structure. This paper, then, also has implications for the ideal/non-ideal theory debate, because I argue that the best way to globalize the basic structure is to begin from a non-ideal starting point.Article first published online: 9 NOV 2015. (shrink)

Why do we assign to countries rights to all the positive utilities from their natural resources, but hold them under no duty to bear costs for the negative utilities generated by those resources for those beyond their borders? In this paper I suggest that this ‘volcanic asymmetry’ has been overlooked by statist and cosmopolitan theories and that, despite of the arguments that might be given on its behalf, keeping this asymmetry requires further normative justification. I present two ways of getting (...) rid of it, conclude that neither is satisfactory, and point to an alternative path. (shrink)

The essay provides a reconstruction of Rawls's The Law of Peoples that makes sense of three main discontinuities between Rawls's domestic theory of justice and his international outlook, namely the absence in the latter of: a) individualism, b) egalitarianism, and c) structural justice. The essay argues that while we can make sense of such differences without charging Rawls's account of blatant inconsistency, we can nonetheless criticize such an outlook from an internal perspective. There is a middle way between claiming that (...) no significant differences are present between A Theory of Justice and The Law of Peoples and, on the other hand, that the differences between the two are so large as to make them totally incompatible. Furthermore, to argue in favour of Rawls's consistency does not, as many seem to have thought, entail agreeing with his overall conclusion for justice in international relations. The final part of the essay illustrates this point by analyzing the case of trade. (shrink)

This paper distinguishes between the concepts of justification and legitimation with a view to offering a normative standard for global justice compatible with cultural pluralism. According to this distinction, justification is presented as an idealized, substantive and top-down enterprise rooted in the moral and metaphysical substrate of a specific culture. On the other hand, legitimation has a procedural and factual connotation and derives its strength from the success of some culturally independent but historically situated practice (bottom-up approach). Building on this (...) distinction, I argue that justification and legitimation should be made complementary for the sake of cross-cultural dialogue. (shrink)

Political theory is contextualist when factual claims about context are part of the justification of normative political judgments. There are different kinds of contextualism depending on whether context is relevant for the formulation and justification of political principles, whether principles themselves are contextually specific, or whether context is only relevant for the application of principles. An important challenge to contextualism is the problem of critical distance: how can theories ensure a critical perspective if facts about the context to be evaluated (...) are also part of the justification for the normative judgments? Tariq Modood and Simon Thompson have defended what they call iterative contextualism, which combines elements of all three kinds of contextualism in an attempt to avoid the problem of critical distance. The present paper discusses Modood and Thompson’s iterative contextualism and whether it manages to avoid the problem of critical distance. (shrink)

This essay asks what it is about the practice of trade that grounds duties of justice between states as trade partners. The answer advanced is that such duties are grounded in the dependence that trade generates. The essay puts forward four conditions that a plausible account of grounding in trade must meet: it must admit of degrees, explain the distinctly international character of trade justice, ground both procedural and distributive duties, and it must be a necessary feature of all trade (...) relationships which generate duties of justice. A dependence account of grounding meets all four conditions, and does so in an intuitively compelling way. While other accounts of what grounds duties of trade justice can meet some of the conditions, none can meet all of them. Relative to rival candidates, then, the dependence account provides a firmer foundation for the ongoing attempts to develop a comprehensive theory of trade justice. (shrink)

European Journal of Philosophy, Volume 30, Issue 2, Page 503-514, June 2022.