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Theories of Justice

Philosophical Review 101 (3):703-706 (1992)

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  1. Getting People into Work: What (if Anything) Can Justify Mandatory Activation of Welfare Recipients?Anders Molander & Gaute Torsvik - 2015 - Journal of Applied Philosophy 32 (4):373-392.
    So-called activation policies aiming at bringing jobless people into work have been a central component of welfare reforms across OECD countries during the last decades. Such policies combine restrictive and enabling programs, but their characteristic feature is that enabling programs are also mandatory, and non-compliers are sanctioned. There are four main arguments that can be used to defend mandatory activation of benefit recipients. We label them efficiency, sustainability, paternalism, and justice. Each argument is analysed in turn. First we clarify which (...)
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  • The (Stabilized) Nash Bargaining Solution as a Principle of Distributive Justice.Michael Moehler - 2010 - Utilitas 22 (4):447-473.
    It is argued that the Nash bargaining solution cannot serve as a principle of distributive justice because (i) it cannot secure stable cooperation in repeated interactions and (ii) it cannot capture our moral intuitions concerning distributive questions. In this article, I propose a solution to the first problem by amending the Nash bargaining solution so that it can maintain stable cooperation among rational bargainers. I call the resulting principle the stabilized Nash bargaining solution. The principle defends justice in the form (...)
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  • Strategic Justice, Conventionalism, and Bargaining Theory.Michael Moehler - 2021 - Synthese 199 (3-4):8317-8334.
    Conventionalism as a distinct approach to the social contract received significant attention in the game-theoretic literature on social contract theory. Peter Vanderschraaf’s sophisticated and innovative theory of conventional justice represents the most recent contribution to this tradition and, in many ways, can be viewed as a culmination of this tradition. In this article, I focus primarily on Vanderschraaf’s defense of the egalitarian bargaining solution as a principle of justice. I argue that one particular formal feature of this bargaining solution, the (...)
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  • Orthodox Rational Choice Contractarianism: Before and After Gauthier.Michael Moehler - 2016 - Politics, Philosophy and Economics 15 (2):113-131.
    In a recent article, Gauthier rejects orthodox rational choice contractarianism in favor of a revisionist approach to the social contract that, according to him, justifies his principle of maximin proportionate gain as a principle of distributive justice. I agree with Gauthier that his principle of maximin proportionate gain cannot be justified by orthodox rational choice contractarianism. I argue, however, that orthodox rational choice contractarianism, before and after Gauthier, is still a viable approach to the social contract, although the scope of (...)
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  • Rational Cooperation and the Nash Bargaining Solution.Michael Moehler - 2015 - Ethical Theory and Moral Practice 18 (3):577-594.
    In a recent article, McClennen (2012) defends an alternative bargaining theory in response to his criticisms of the standard Nash bargaining solution as a principle of distributive justice in the context of the social contract. McClennen rejects the orthodox concept of expected individual utility maximizing behavior that underlies the Nash bargaining model in favor of what he calls full rationality, and McClennen’s full cooperation bargaining theory demands that agents select the most egalitarian strictly Pareto-optimal distributional outcome that is strictly Pareto-superior (...)
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  • Contractarian ethics and Harsanyi’s two justifications of utilitarianism.Michael Moehler - 2013 - Politics, Philosophy and Economics 12 (1):24-47.
    Harsanyi defends utilitarianism by means of an axiomatic proof and by what he calls the 'equiprobability model'. Both justifications of utilitarianism aim to show that utilitarian ethics can be derived from Bayesian rationality and some weak moral constraints on the reasoning of rational agents. I argue that, from the perspective of Bayesian agents, one of these constraints, the impersonality constraint, is not weak at all if its meaning is made precise, and that generally, it even contradicts individual rational agency. Without (...)
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  • The Conditions of Moral Realism.Christian Miller - 2009 - Journal of Philosophical Research 34:123-155.
    In this paper, I hope to provide an account of the conditions of moral realism whereby there are still significant metaphysical commitments made by the realist which set the view apart as a distinct position in the contemporary meta-ethical landscape. In order to do so, I will be appealing to a general account of what it is for realism to be true in any domain of experience, whether it be realism about universals, realism about unobservable scientific entities, realism about artifacts, (...)
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  • Rawls on International Economic Justice in The Law of Peoples.Rex Martin - 2015 - Journal of Business Ethics 127 (4):743-759.
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  • Frege’s puzzle and the ex ante Pareto principle.Anna Mahtani - 2020 - Philosophical Studies 178 (6):2077-2100.
    The ex ante Pareto principle has an intuitive pull, and it has been a principle of central importance since Harsanyi’s defence of utilitarianism. The principle has been used to criticize and refine a range of positions in welfare economics, including egalitarianism and prioritarianism. But this principle faces a serious problem. I have argued elsewhere :303-323 2017) that the concept of ex ante Pareto superiority is not well defined, because its application in a choice situation concerning a fixed population can depend (...)
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  • Two models in global health ethics.Christopher Lowry & Udo Schüklenk - 2009 - Public Health Ethics 2 (3):276-284.
    This paper examines two strategies aimed at demonstrating that moral obligations to improve global health exist. The ‘humanitarian model’ stresses that all human beings, regardless of affluence or global location, are fundamentally the same in terms of moral status. This model argues that affluent global citizens’ moral obligations to assist less fortunate ones follow from the desirability of reducing disease and suffering in the world. The ‘political model’ stresses that the lives of the world's rich and poor are inextricably linked (...)
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  • Obligaciones de justicia: ¿open borders o justicia Distributiva?Daniel Loewe - 2012 - Arbor 188 (755):475-488.
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  • The coherence of Rawls's plea for democratic equality.Percy B. Lehning - 1998 - Critical Review of International Social and Political Philosophy 1 (4):1-41.
    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 (...)
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  • IDEAS OF JUSTICE: Relevance of Weber’s Approach.Jan-Erik Lane - 2017 - Open Journal of Philosophy 7 (3):221-230.
    A book so overall critical as The Idea of Justice by A. Sen requires a Popper inspired examination. The results are that his rejection of Rawls is flawed and that he entirely lacks meta-ethics. The continental Weberian approach to normative enquiry has been severely neglected by many scholars in the Anglo-Saxon tradition, trying in vain to identify the true nature of justice. Instead of searching for a Platonic idea of justice, one should examine today’s conflicts over justice looking to the (...)
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  • Moral Objectivity and Reasonable Agreement: Can Realism Be Reconciled with Kantian Constructivism?Cristina Lafont - 2004 - Ratio Juris 17 (1):27-51.
    In this paper I analyze the tension between realism and antirealism at the basis of Kantian constructivism. This tension generates a conflictive account of the source of the validity of social norms. On the one hand, the claim to moral objectivity characteristic of Kantian moral theories makes the validity of norms depend on realist assumptions concerning the existence of shared fundamental interests among all rational human beings. I illustrate this claim through a comparison of the approaches of Rawls, Habermas and (...)
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  • The ethics of inarticulacy.Will Kymlicka - 1991 - Inquiry: An Interdisciplinary Journal of Philosophy 34 (2):155 – 182.
    In his impressive and wide?ranging new book, Sources of the Self, Charles Taylor argues that modern moral philosophy, at least within the Anglo?American tradition, . offers a ?cramped? view of morality. Taylor attributes this problem to three distinctive features of contemporary moral theory ? its commitment to procedural rather than substantive rationality, its preference for basic reasons rather than qualitative distinctions, and its belief in the priority of the right over the good. According to Taylor, the result of these features (...)
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  • Reframing Climate Justice: A Three-dimensional View on Just Climate Negotiations.Teea Kortetmäki - 2016 - Ethics, Policy and Environment 19 (3):320-334.
    This article proposes reframing the justice discourse in climate negotiations. In so doing, it makes two claims. First, global climate negotiations deserve to be addressed as an issue of justice on their own due to their peculiar characteristics. Second, a multidimensional theory of justice is superior to distributional theories for this task. To support these arguments, I apply the multidimensional theory of justice to global climate negotiations. This analysis reveals that injustice in the negotiations is multidimensional and irreducible to distributional (...)
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  • Equality vs. efficiency: The geography of solid organ distribution in the usa.Tom Koch & Ken Denike - 2001 - Ethics, Place and Environment 4 (1):45 – 56.
    There is at present a divide in the geographical literature between those interested in distributive justice as a social value and those who seek to implement distributive plans on the basis of efficiency of resource use. The former are 'social geographers' interested in equity as a social value, and the latter are 'practical' economic and locational geographers. This divide mirrors one existing elsewhere in social science between Rawlsian liberalism and utilitarian planners. Here we argue that equality and efficiency are related (...)
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  • Introduction.Preston King - 1999 - Critical Review of International Social and Political Philosophy 2 (4):1-14.
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  • Rawls and Kantian Constructivism.Alexander Kaufman - 2012 - Kantian Review 17 (2):227-256.
    John Rawls's account of Kantian constructivism is perhaps his most striking contribution to ethics. In this paper, I examine the relation between Rawls's constructivism and its foundation in Kantian intuitions. In particular, I focus on the progressive influence on Rawls's approach of the Kantian intuition that the substance of morality is best understood as constructed by free and equal people under fair conditions. Rawls's focus on this Kantian intuition, I argue, motivates the focus on social contract that grounds both his (...)
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  • Behavioral Economics, Federalism, and the Triumph of Stakeholder Theory.Allen Kaufman & Ernie Englander - 2011 - Journal of Business Ethics 102 (3):421-438.
    Stakeholder theorists distinguish between normative stakeholders, those who gain moral standing by making contributions to the firm, and derivative stakeholders, those who can constrain the corporate association even though they make no contribution. The board of directors has the legal authority to distinguish among these stakeholder groups and to distribute rights and obligations among these stakeholder groups. To be sure, this stakeholder formulation appropriately seizes on the firm’s voluntary, associative character. Yet, the firm’s constituents contribute assets and incur risks to (...)
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  • A Theory of Social Justice?John Horton - 1991 - Utilitas 3 (1):121.
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  • The Separateness of Persons: A Moral Basis for a Public Justification Requirement.Jason Tyndal - 2017 - Journal of Value Inquiry 51 (3):491-505.
    In morally grounding a public justification requirement, public reason liberals frequently invoke the idea that persons should be construed as “free and equal.” But this tells us little with regard to what it is about us that makes us free or how a claim about our status as persons can ultimately ground a requirement of public justification. In light of this worry, I argue that a public justification requirement can be grounded in a Nozick-inspired argument from the separateness of persons (...)
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  • The Law of Peoples and Global Justice: Beyond the Liberal Nationalism of John Rawls.Marek Hrubec - 2010 - Human Affairs 20 (2):135-150.
    The Law of Peoples and Global Justice: Beyond the Liberal Nationalism of John Rawls The paper deals with the relation of a theory of international justice, specifically John Rawls's philosophy of the law of peoples, and a theory of global justice. In the first part, the paper outlines Rawls's main theses on the international conception of the law of peoples. The second part concerns a problem found in segments of Rawls's theory, specifically his concept of a social contract—contractualism. This problem (...)
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  • Environmental human rights and intergenerational justice.Richard P. Hiskes - 2006 - Human Rights Review 7 (3):81-95.
    What do the living owe those who come after them? It is a question nonsensical to some and unanswerable to others, yet tantalizing in its persistence especially among environmentalists. This article makes a new start on the topic of intergenerational justice by bringing together human rights and environmental justice arguments in a novel way that lays the groundwork for a theory of intergenerational environmental justice based in the human rights to clean air, water, and soil. Three issues foundational to such (...)
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  • Strategic injustice, dynamic network formation, and social movements.Sahar Heydari Fard - 2022 - Synthese 200 (5):1-25.
    What I call "strategic injustice" involves a set of formal and informal regulatory rules and conventions that often lead to grossly unfair outcomes for a class of individuals despite their resistance. My goal in this paper is to provide the necessary conditions for such injustices and for eliminating their instances from our social practices. To do so, I follow Peter Vanderschraaf's analysis of circumstances of justice and expand his account by embedding "asymmetric conflictual coordination games" that summarize fair division problems (...)
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  • Los principios Del orden cosmopolita.David Held - 2005 - Anales de la Cátedra Francisco Suárez 39:133-169.
    Cosmopolitanism is concerned to disclose the ethical, cultural and legal basis of political order in a world where political communities and states matter, but not only and exclusively. In circumstances where the trajectories of each and every country are tightly entwined, the partiality, one sidedness and limitedness of ‘reasons of state’ need to be recognized. While states are hugely important vehicles to aid the delivery of effective public recognition, equal liberty and social justice, they should not be thought of as (...)
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  • Justice Theory and Oppression.J. Harvey - 1999 - Canadian Journal of Philosophy 29 (sup1):171-190.
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  • Implementing climate equity: The case of europe.Paul G. Harris - 2008 - Journal of Global Ethics 4 (2):121 – 140.
    For over two decades, international environmental equity - the fair and just sharing of the burdens associated with environmental changes - has been the subject of much debate by philosophers, activists and diplomats concerned about climate change. It has been manifested in many international environmental agreements, notably the Framework Convention on Climate Change and the Kyoto Protocol. The question arises as to whether it is being put into practice in this context. Are the requirements of international environmental equity merely words (...)
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  • From Bodo ethics to distributive justice.Russell Hardin - 1999 - Ethical Theory and Moral Practice 2 (4):399-413.
    Concern with material equality as the central form of distributive justice is a very modern idea. Distributive justice for Aristotle and many other writers for millennia after him was a matter of distributing what each ought to get from merit or desert in some sense. Many, such as Hume, thought material equality a pernicious idea. In the medieval village life of Bodo, villagers knew enough about each other to govern relations through norms, including, when necessary, a norm of charity. In (...)
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  • Managing Scarcity: Toward a More Political Theory of Justice.Robert E. Goodin - 2001 - Philosophical Issues 11 (1):202-228.
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  • Positionality, worldview and geographical research: A personal account of a research journey.Lorna Gold - 2002 - Ethics, Place and Environment 5 (3):223 – 237.
    Much has been written in recent years over the need to disclose the 'positionality' of geographical researchers. At the same time, there is a growing awareness that such positionality, however much disclosed, can never fully express the complexities underpinning a research relationship. This essay explores these issues through a retrospective review of research carried out into the economic geographies of the Economy of Sharing. It argues that the issues surrounding positionality can be much more than a question of hidden agendas, (...)
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  • The Basic Structure of the Institutional Imagination.James Gledhill - 2014 - Journal of Social Philosophy 45 (2):270-290.
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  • Much ado about nothing?: Barry, justice and animals.Robert Garner - 2012 - Critical Review of International Social and Political Philosophy 15 (3):363-376.
    This article examines the extent to which Brian Barry’s contractarian political theory – justice as impartiality – is able to incorporate the interests of animals. Despite the initial optimism that Barry might provide a theory of justice that can provide substantial protection for the interests of animals, it is clear that he offers relatively little. Insofar as animals can be protected within justice as impartiality, they are not being protected as a result of their intrinsic value, but merely as one, (...)
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  • The Legacy Motive: A Catalyst for Sustainable Decision Making in Organizations.Matthew Fox, Leigh Plunkett Tost & Kimberly A. Wade-Benzoni - 2010 - Business Ethics Quarterly 20 (2):153-185.
    ABSTRACT:In this article, we review and build on intergenerational and behavioral ethics research to consider how the motive to build a lasting legacy can impact ethical behavior in intergenerational decision making. We discuss how people can utilize their relationships to organizations to craft their legacies. Further, we elucidate how the legacy motive can enhance business ethics, incorporating theory and empirical findings from research on intergenerational decision making, generativity, and terror management theory to develop the legacy construct and to outline the (...)
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  • Getting to justice?Andreas Follesdal - 2017 - Critical Review of International Social and Political Philosophy 20 (2):231-242.
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  • Implicancias prácticas del liberalismo igualitario: criterios de equidad tributaria.Cristián A. Fatauros - 2016 - Análisis Filosófico 36 (1):75-101.
    Este trabajo investiga las implicancias prácticas tributarias de la teoría rawlsiana de la justicia. Para ello se examinan las consideraciones morales que la teoría juzga aplicables al modelo de sociedad denominado "democracia de propietarios". Luego se explicita la manera en que se aplican sus principios en contextos de inequidad social. Finalmente, se consideran dos propuestas de aplicación práctica para basar el sistema tributario sobre los tributos al consumo. Se evalúa si estas propuestas son compatibles con la teoría liberal igualitaria rawlsiana (...)
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  • EU migration, out-of-work benefits and reciprocity: Are member states justified in restricting access to welfare rights?Dimitrios Efthymiou - 2019 - European Journal of Political Theory 20 (3):547-567.
    This article examines whether restrictions on access to welfare rights for EU immigrants are justifiable on grounds of reciprocity. Recently political theorists have supported some robust restricti...
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  • The persecutor's Wager.Craig Duncan - 2007 - Philosophical Review 116 (1):1-50.
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  • Serge Kolm on Social Justice and the Social Contract: A Contextual Analysis and a Critique.Laurent Dobuzinskis - 2000 - The European Legacy 5 (5):687-702.
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  • Representing future generations: political presentism and democratic trusteeship.Dennis F. Thompson - 2010 - Critical Review of International Social and Political Philosophy 13 (1):17-37.
    Democracy is prone to what may be called presentism – a bias in the laws in favor of present over future generations. I identify the characteristics of democracies that lead to presentism, and examine the reasons that make it a serious problem. Then I consider why conventional theories are not adequate to deal with it, and develop a more satisfactory alternative approach, which I call democratic trusteeship. Present generations can represent future generations by acting as trustees of the democratic process. (...)
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  • The Limits of Contractual Equality: A Reply to Jacques Bidet.Gerald A. Cohen - 1995 - Ratio Juris 8 (1):85-90.
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  • Rawls’s Self-Defeat: A Formal Analysis.Hun Chung - 2020 - Erkenntnis 85 (5):1169-1197.
    One of John Rawls’s major aims, when he wrote A Theory of Justice, was to present a superior alternative to utilitarianism. Rawls’s worry was that utilitarianism may fail to protect the fundamental rights and liberties of persons in its attempt to maximize total social welfare. Rawls’s main argument against utilitarianism was that, for such reasons, the representative parties in the original position will not choose utilitarianism, but will rather choose his justice as fairness, which he believed would securely protect the (...)
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  • The morality of economic behaviour.Vangelis Chiotis - 2015 - Journal of Global Ethics 11 (2):188-204.
    One approach to moral economy wishes to show that it is rational to be moral. As rational morality has received little attention from economics, as opposed to political philosophy, this article examines it in an economics framework. Rational morality refers primarily to individual behaviour so that one may also speak of it as moral microeconomics. When a group of agents are disposed to constrain their maximisation, that behaviour may be considered rational. However, this relies on ‘moralised’ assumptions about individual behaviour. (...)
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  • Motivating Justice.Vittorio Bufacchi - 2005 - Contemporary Political Theory 4 (1):25-41.
    This article challenges the received view on the role of motivations in contemporary theories of social justice. Neo-Kantians argue that a theory of justice must be rooted in moral motivations of reasonableness, not rationality. Yet reasonableness is a demanding motivation, stipulating actions that people may not be able or willing to perform. This opens egalitarians like Rawls to the accusation of prescribing a political philosophy that is not 'followable'. The aim of this article is to explore the benefits for egalitarian (...)
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  • Democratic justice and contractarian injustice.Vittorio Bufacchi - 2017 - Critical Review of International Social and Political Philosophy 20 (2):222-230.
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  • Justice as Non-maleficence.Vittorio Bufacchi - 2020 - Theoria: A Journal of Social and Political Theory 67 (162):1-27.
    The principle of non-maleficence, primum non nocere, has deep roots in the history of moral philosophy, being endorsed by John Stuart Mill, W. D. Ross, H. L. A. Hart, Karl Popper and Bernard Gert. And yet, this principle is virtually absent from current debates on social justice. This article suggests that non-maleficence is more than a moral principle; it is also a principle of social justice. Part I looks at the origins of non-maleficence as a principle of ethics, and medical (...)
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  • The structure of justification in political constructivism.Michael Buckley - 2010 - Metaphilosophy 41 (5):669-689.
    Abstract: In this article the author develops the view, held by some, that political constructivism is best interpreted as a pragmatic enterprise aiming to solve political problems. He argues that this interpretation's structure of justification is best conceived in terms of two separate investigations—one develops a normative solution to a particular political problem by working up into a coherent whole certain moral conceptions of persons and society; and the other is an empirically based analysis of the political problem. The author (...)
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  • John Rawls, "the law of peoples," and international political theory.Chris Brown - 2000 - Ethics and International Affairs 14:125–132.
    "The Law of Peoples" has been extended into a monograph with the same title,which is the main focus of this essay. Brown includes a sketch of Rawls’s project as a whole as a necessary preliminary.
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  • Review Article: Modus vivendi versus public reason and liberal equality: three approaches to liberal democracy.Harald Borgebund - 2015 - Critical Review of International Social and Political Philosophy 18 (5):564-575.
    Liberal democracy constitutes a particularly attractive political model with its emphasis on both popular sovereignty and individual liberty. Recently several new and innovative articulations of the liberal democratic ideal have been presented. This article reviews three of these recent theories and particularly their democratic credentials. The selection includes theories emphasizing modus vivendi, Rawlsian political liberalism and liberal equality. Taken together these theories show different ways to conceptualize democracy within liberal thought. I argue that ultimately all three approaches struggle with articulating (...)
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  • Le libéralisme politique de Rawls.Pierre-Yves Bonin - 1994 - Dialogue 33 (1):79-.
    Dans les premières années qui ont suivi la parution de son monumentalA Theory of Justice, Rawls s'est surtout employé dans quelques articles à répondre à ses critiques, à dissiper les malentendus ainsi qu'à expliciter certains aspects de sa théorie, sans proposer de changements significatifs. À partir de la publication desDewey Lectures, sous la pression des critiques ou suivant le cours naturel de sa réflexion, Rawls a graduellement procéde à d'importantes révisions. Presque essentiellement préoccupé par la signification et la justification de (...)
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