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)

In this article, I propose a novel characterization of sufficientarianism. I argue that sufficientarianism combines three claims: a priority claim that we have non-instrumental reasons to prioritize benefits in certain ranges over benefits in other ranges; a continuum claim that at least two of those ranges are on one continuum; and a deficiency claim that the lower a range on a continuum, the more priority benefits in that range have. This characterization of sufficientarianism sheds new light on two long-standing philosophical (...) debates, namely about the distinctiveness of sufficientarianism as a distributive principle and about the common objections to sufficientarianism. (shrink)

Closed Material Procedures are widely considered to be unjust. In his influential A Theory of Justice, Rawls sets out that trials must be fair and open, and that such precepts of natural justice ensure the impartiality of the legal order. I argue that whilst this commits Rawls to a rejection of the permissibility of CMPs, he is not right to do so, and his theory does not require him to do so. Firstly, the conception of natural justice upon which Rawls (...) bases his view of open justice is not so strict as to demand this so long as the legal system ensures a sufficient gist of the closed material is provided. Secondly, it is plausible that individuals in Rawls’ original position, would select CMPs due to the role security and stability play in a just state, the importance of which Rawls explicitly recognises. I conclude that CMPs are consistent with Rawls’ theory of justice, despite his assertions in A Theory of Justice. Given the importance and influence of Rawls’ theory, this is an important step in demonstrating the permissibility of such procedures, duly circumscribed. (shrink)

Perhaps the most salient feature of Rawls's theory of justice which at once attracts supporters and repels critics is its apparent egalitarian conclusion as to how economic goods are to be distributed. Indeed, many of Rawls's sympathizers may find this result intuitively appealing, and regard it as Rawls's enduring contribution to the topic of economic justice, despite technical deficiencies in Rawls's contractarian, decision-theoretic argument for it which occupy the bulk of the critical literature. Rawls himself, having proposed a “coherence” theory (...) of justification in metaethics, must regard the claim that his distributive criterion “is a strongly egalitarian conception” as independently a part of the overarching moral argument. The alleged egalitarian impact of Rawls's theory is crucial again in normative ethics where Rawls is thought to have developed a major counter-theory to utilitarianism, one of the most popular criticisms of which has been its alleged inadequacy in handling questions of distributive justice. Utilitarians can argue, however, as Brandt recently has, that the diminishing marginal utility of money, along with ignorance of income-welfare curves, would require a utility-maximizing distribution to be substantially egalitarian. The challenge is therefore for Rawls to show that his theory yields an ethically preferable degree of equality. (shrink)

This article aims to respond to the long-lived perceived incompatibility between care and compassion and justice in organizational literature. It is argued that principles of care and compassion and principles of justice are compatible with each other and can be integrated in organizations in such a way that both will supplement each other. Previous researches tend to view concepts of care and compassion and justice either as competing or inheriting some fundamental trade-offs. This article argues that the highlighted incompatibility between (...) care and compassion and justice is mainly due to the limited understanding about the nature of organizational justice. Care and compassion carry elements of subjectivity and are dynamic in nature, whereas literature on organizational justice has described justice as an objective, static and linear construct due to which an incompatibility between these two very important phenomena is prevailing. This incompatibility can be removed by changing the way of looking at organizational justice and by exploring its dynamic nature. (shrink)

Research Articles Steven Wall, Social Philosophy and Policy, FirstView Article.

Business Ethics, the Environment & Responsibility, Volume 31, Issue 1, Page 281-292, January 2022.

This article advocates a naturalist and realist ethics of solidarity. Specifically, it argues that human needs should be met; and that they should be met in harmony with the environment. Realism should include respect for existing cultures and the morals presently being practiced – with reasonable exceptions. Dignity must come in a form understood and appreciated by the person whose dignity is being respected. It is also argued that naturalist ethics are needed to combat liberal ethics, not least because the (...) latter supports today’s inflexible and dysfunctional institutions. In arguing for these positions, reference is made to the naturalist realist ethics of Georges Canguilhem, C.H. Waddington, John Dewey and David Sloan Wilson, all of whom embed the social order in the natural order. (shrink)

The article examines four principles of cost allocation (cost of mitigation, of adaptation, and of compensation) for environmental policies that aim to address climate change: “the polluter pays”, “who benefits pays”, “who is able to pay, pays”, and “the equal per capita”. It shows that they are all problematic. A better case can be built by the joint work of only the two principles of “the polluter pays” and “who benefits pays”.

For Rousseau, social contract is a hypothetical one; the paper claims that it is, in contemporary terms, a political thought-experiment (TE). The abductive way of thinking, looking for the best normative pattern in the data, finds its counterpart in the historical abduction in the Second Discourse; the analogy between the two secures the methodological unity of Rousseau’s political philosophy. The proposed reading of the work as a TE shows that it fulfills the necessary requirements put by (hopefully) intuitively acceptable definition (...) of a TE, and fits in the contractarian tradition that has been experimenting with hypothetical arrangements since its start. The reading of The Social Contract as a TE has helped to systematize some of its shortcomings from the wider perspective of methodology of political philosophy. Finally, the political thought experiment (PTE) reading of Rousseau places his central work where it belongs: in the tradition started by Plato’s Republic, continuing with Renaissance and early modern philosophical utopias, culminating in the contractarian social contract TE, and going all the way to the work of Rawls and his present day continuators. We hope that this can contribute to a more positive picture of Rousseau’s work, despite criticism concerning his brusque manner of thought-experimenting. (shrink)

John Rawls's A Theory of Justice is an extremely long and elaborate work. But despite the length and the elaboration there is at the heart of the work a crucial set of unargued assumptions which need to be challenged. When this is done we are in a position to provide additional support for the critical conclusions of several other commentators who concentrate on other features of Rawls's system.

Social justice is concerned with fair distribution of the benefits and burdens of living together in society. Regarding nursing care, social justice is concerned with who should receive its benefits, how much they should receive, and who should take up the burden of providing and paying for it. A specific thesis is offered: ‘Health care, including nursing care, should be distributed on the basis of need, free at the point of use, the cost being born by the community involved.’ This (...) thesis is shown to be incompatible with consequentialist (utilitarian) and libertarian approaches to social justice, but reasons are given for rejecting these theories. It is shown that it may be compatible with Rawl's liberal theory of justice and definitely compatible with a version of the teleological (Aristotelian) theory. The thesis is then defended against criticisms concerned with desert and responsibility: that the provident ought not to pay for the improvident, and that those who are responsible for their health do not deserve free care. There are answered by an epistemological argument concerning what we need to know before we can decide what people deserve, and an argument about social cohesion. The conclusion is that the thesis can be offered as a moral principle for a fair society. (shrink)

In his book, A Theory of Justice, John Rawls argues against the inclusion of non-human animals within the scope of the principles of justice developed therein. However, the reasons Rawls, and certain commentators, have advanced in support of this view do not adequately support it. Against Rawls' view that 'we are not required to give strict justice' to creatures lacking the capacity for a sense of justice, it is initially argued that (i) de facto inclusion should be accorded non-human animals (...) since their exclusion strains just institutions, and (ii) Rawls' account of the sense of justice has implicit and undefended human chauvinist elements. Two further counter-arguments are then developed in more detail. First, the suggestion that some non-human animals do have a capacity for a sense of justice is explored. Second, the suggestion that the capacity for a sense of justice is unrealised in so many human beings that Rawls' basis for marking out a special place for them is undermined is explored. Attention is next given to Rawls' characterisation of the participants in the original position. It is claimed that there are no good reasons for disallowing the possibility that these individuals turn out to be non-human animals in the real world. If sound, this claim brings non-human animals directly within the scope of Rawlsian principles of justice. The claim is defended against three objections. (shrink)

Human dignity is one of the key concepts of our ethical evaluations, in politics, in biomedicine, as well as in everyday life. In moral philosophy, however, human dignity is a source of intractable trouble. It has a number of characteristic features which apparently do not fit into one coherent ethical concept. Hence, philosophers tend to ignore or circumvent the concept. There is hope for a philosophically attractive conception of human dignity, however, given that one takes three crucial turns. The negative (...) turn: to start the inquiry with violations of human dignity. The inductive turn: to consider the whole range of applications of the concept of human dignity in different areas of ethics. And finally, the historical turn: to take into account the historical bonds between human dignity and traditional conceptions of dignity. Taken together they point in the direction of an understanding of human dignity as universal nobility. (shrink)

Justice entitles everyone in the world, including future generations, to an equitable share of the benefits of the world's natural resources. I argue that even though both Rawls and his libertarian critics seem hostile to it, this resource equity principle, suitably clarified, is a major part of an adequate strict compliance theory of global justice whether or not we take a libertarian or a Rawlsian approach. I offer a defence of the resource equity principle from both points of view.

This article identifies some core features of the argument in Richard Vernon's Cosmopolitan Regard: Political Membership and Global Justice (2010) and suggests some directions to pursue in defending its conclusions against reasonable objections. I outline the book's key ideas and draw attention to two areas in which Vernon's argument might be open to question. The first issue is that Vernon seems too quick with the problem of motivation, and the second is that his commitment to multiple jurisdictions must be careful (...) not to beg the question. In the end, I claim these objections can be answered. (shrink)

As mentioned in the Introduction to this volume, many of the papers collected here began life as part of a symposium inspired by Brian Barry’s work. Brian attended the meeting, and contributed in h...

In the first section I compare and contrast Rawls's and Gandhi's views on civil disobedience as a form of persuasion. I discuss the difficulties facing such forms of civil disobedience; the argument that such forms of civil disobedience are redundant is examined and rejected. Some modifications of Rawls's theory are suggested regarding when civil disobedience is justified and what form it should take. Also, I argue, as against Rawls, that the Rawlsian State should, when that is necessary to prevent anarchy, (...) be allowed to use severe measures against disobedients. In the second section I develop a second strand in Gandhi's thinking about civil disobedience, which links it with non?cooperation and which appears to be partly discrepant with his view of civil disobedience as a form of non?coercive persuasion. I attempt to show that Gandhian civil disobedience may effectively frustrate the evil policies of the State, without converting the State and yet without being coercive in any evil sense. (shrink)

During the last half of the twentieth century, legal philosophy (or legal theory or jurisprudence) has grown significantly. It is no longer the domain of a few isolated scholars in law and philosophy. Hundreds of scholars from diverse fields attend international meetings on the subject. In some universities, large lecture courses of five hundred students or more study it. The primary aim of the Law and Philosophy Library is to present some of the best original work on legal philosophy from (...) both the Anglo-American and European traditions. Not only does it help make some of the best work avail able to an international audience, but it also encourages increased awareness of, and interaction between, the two major traditions. The primary focus is on full-length scholarly monographs, although some edited volumes of original papers are also included. The Library editors are assisted by an Editorial Advisory Board of internationally renowed scholars. Legal philosophy should not be considered a narrowly circumscribed field. (shrink)

Chester Barnard's classic, The Functions of the Executive, is premised on an Aristotelean conception of human nature. This reliance ramifies throughout his analysis of the cooperative basis of human organizations. Perhaps its most important manifestation appears in his definition of willing cooperation as self-abnegation. For by so removing cooperation from its utilitarian and contractarian assumptions, he avoids the well known criticisms of those assumptions while retaining his fundamental liberalism. Put positively, self-abnegation informs Barnard's liberalism with an heroic dimension. This, in (...) turn, enables him to provide an account of organizational effectiveness which is at once realistic and optimistic and which values its unique human participants. (shrink)

In this article, I discuss whether the theory of justice as fairness famously proposed by John Rawls can justify the implementation of global principles of socioeconomic justice, contrary to what Rawls himself maintains. In particular, I dwell on the concept of the basic structure of society, which Rawls defines as “the primary subject of justice” and considers as a prerogative of domestic societies. In the first part, I briefly present Rawls’s theory of socio-economic justice and his account of justice between (...) peoples. I then proceed with the analysis of the cosmopolitan counterarguments that have been levelled against Rawls’s dualism between domestic and international justice, which mainly revolve around the outlining of a global basic structure as a consequence of globalisation. Between these two opposing poles, I also discuss the intermediate stance taken by those authors who maintain that the empirical dispute between a domestic and a global basic structure is misleading, because the pressing question is whether the unfair practices and norms that characterise the global economy demand the existence of a global basic structure, regardless of the fact that it already exists or not. Lastly, I collect some points, both theoretical and empirical, that have emerged from the analysis and I argue that the theoretical requirement of a global basic structure can have practical implications even if its existence is contradicted in empirical terms. (shrink)

This paper examines the political philosophy of Liberalism with particular focus on the principles of liberal neutrality and value pluralism. These principles, which are advocated by the most prominent contemporary liberal theorists mark a significant departure from classical liberalism and its monistic approach to seeking truth and the good. I argue that the shift to neutrality and pluralism have done a disservice to liberalism and that the cultivation of discrimination skills is needed to deal with the complex tasks of making (...) decisions intelligently and effectively. (shrink)

In 1971, John Rawls published A Theory of Justice, the burden of which was strongly egalitarian. But Rawls eventually came to the conclusion that the project of working out a stable, well‐ordered society as argued in A Theory of Justice had failed. In 1993, in Political Liberalism, Rawls sought to establish a sounder theoretical foundation for a stable, well‐ordered society. Rawls was widely viewed, however, as having given up egalitarianism in Political Liberalism ‐ the commitment to a fair distribution, or (...) ‘justice as fairness’, along lines originally developed in A Theory of Justice. I argue, by contrast, that Political Liberalism does not in fact repudiate the egalitarianism of A Theory of Justice. Political liberalism has many variants, including variant conceptions of justice. In the first part of what follows, the question is raised whether political liberalism can defend a conception of justice that is as egalitarian as ‘justice as fairness’. Such a conception would guarantee the fair value of political liberties and would also contain the so‐called ‘difference principal’, which states that social and economic inequalities are to be adjusted so that they are to the greatest benefit of the least advantaged. Although it seems possible to defend such an egalitarian conception of justice, it does not seem necessary, all the same, that all variants of political liberalism should be as egalitarian as justice as fairness. Thus, in the second part of my argument, I seek to overturn, or at least substantially to qualify, the idea that there is no need for political liberalism to be strongly egalitarian. I conclude that the egalitarian credentials of political liberalism have to be bolstered, even more so than Rawls himself seems to think. (shrink)

The international disparities in health and health-care provision comprise the gravest problem of medical ethics. The implications are explored of three theories of justice: an expanded version of Rawlsian contractarianism, Nozick's historical account, and a consequentialism which prioritizes the satisfaction of basic needs. The second too little satisfies medical needs to be cogent. The third is found to incorporate the strengths of the others, and to uphold fair rules and practices. Like the first, it also involves obligations transcending those to (...) an agent's relations and fellow-citizens. These conclusions are applied to international health-care provision, which they would transform. (shrink)

In this article I analyze the justification of rawlsian anti-perfectionism, present in both A Theory of Justice and Political Liberalism. My aim is to show how justice as fairness, Rawls's conception of justice, lacks stability because of it. As an alternative to his anti-perfectionism, I propose, in the second part, the idea of progress as practical perfectionism by John Dewey. I argue that a perfectionist liberalism of this kind does not undermine reasonable pluralism as Rawls argued. Also I argue that (...) it is indispensable to establish a liberal society that is stable. In the end, I briefly show how the private sphere could be affected once the idea of progress is part of a conception of liberal justice. (shrink)

Este artículo aborda la crítica que Rawls presentó al utilitarismo en el marco de la discusión sobre el fundamento moral de los principios de justicia que deben organizar una sociedad democrática. Se muestra que el principio de utilidad carece de las constricciones morales necesarias para garantizar tanto un efectivo reconocimiento entre las personas, así como una equitativa distribución de las bases sociales del autorrespeto. Se presentan los argumentos de Rawls en contra del utilitarismo clásico en dos grupos: primero aquellos que (...) son independientes de la dimensión contractual de su teoría, luego aquellos que son fruto de la posición original y el velo de la ignorancia. Se concluye que dada la relevancia que tiene el reconocimiento recíproco y el autorrespeto para el establecimiento de una sociedad justa dentro del proyecto rawlsiano, el principio de utilidad no puede ofrecerse como una alternativa aceptable para la organización de las principales instituciones sociales. This article addresses Rawls´s critique of utilitarianism in the framework of the discussion on the moral foundation of the principles of justice. It is shown the principle of utility lacks the necessary moral constraints that ensure both effective recognition among people and a fair distribution of the social bases of self-respect. Rawls's arguments against classical utilitarianism fall into two groups: first those who are independent of the contractual dimension of his theory, then those that are the result of the original position and the veil of ignorance. It is concluded that, given the relevance of the mutual recognition and self-respect for the establishment of a just society, the principle of utility cannot be a moral alternative for the organisation of the main social institutions. (shrink)