Is liberalism adaptable enough to the ecological agenda to deal satisfactorily with the challenges of anthropogenic climate change while leaving its normative foundations intact? Compatibilists answer yes; incompatibilists say no. Comparing such answers, this article argues that it is not discrete liberal principles which impede adapatability, so much as the constructivist model (exemplified in Rawls) of what counts as a valid normative principle. Constructivism has both normative and ontological variants, each with a realist counterpart. I argue that normative constructivism in (...) the Rawlsian mode, whatever its strengths elsewhere, is markedly ill‐equipped to deal with the particular normative challenges posed by climate change – and that that these doubts holds regardless of which stance is adopted as its ontological corollary. (shrink)

The basic principle of educational equality is that each child should receive an equally good education. This sounds appealing, but is rather vague and needs substantial working out. Also, educational equality faces all the objections to equality per se, plus others specific to its subject matter. Together these have eroded confidence in the viability of equality as an educational ideal. This article argues that equality of educational opportunity is not the best way of understanding educational equality. It focuses on Brighouse (...) and Swift's well worked out meritocratic conception and finds it irretrievably flawed; they should, instead, have pursued a radical conception they only mention. This conception is used as a starting point for developing a luck egalitarian conception, pluralistic and complex in nature. It is argued that such a conception accounts for the appeal of equality of opportunity, fits with other values in education and meets many of the objections. Thus, equality is reasserted as what morally matters most in education. (shrink)

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 (...) accounts of the original position and of reflective equilibrium. Critics, including Onora O'Neill and Larry Krasnoff, object that Rawls's view distorts various aspects of Kantian moral reasoning. I argue that these objections (i) exaggerate the distinctions between Kant's and Rawls's decision procedures and (ii) reflect an unnecessarily constricted view of Kant's moral thought. (shrink)

One of the most troubling features of international trade is that it often involves exchange between individuals facing dramatically different life circumstances, who therefore derive different levels of benefit from the exchange. Most obviously, wages are extremely low in underdeveloped countries. However, the principle underlying these wages is the same as the one the dictates wage levels in wealthy countries. It is, therefore, difficult to criticize the wages paid to ?pauper labor? without at the same time criticizing the way that (...) capitalism functions as a whole. For those who would like to question aspects of globalization, without simply repeating the standard moralizing critique of capitalism, this poses particular difficulties. This paper offers some suggestions on how egalitarians can approach this issue. The central piece of conceptual apparatus introduced, in the service of this aim, is the distinction between a ?first-best?, a ?second-best?, and an ?nth best? set of normative principles. It is then suggested, first, that capitalism is acceptable to egalitarians only within a third-best framework, and second, that this low level of idealization imposes real constraints on how far one can go in criticizing trade practices at the global level. (shrink)

In the luck egalitarian literature, one influential formulation of luck egalitarianism does not specify whether equalities that do not reflect people’s equivalent exercises of responsibility are bad with regard to inequality. This equivocation gives rise to two competing versions of luck egalitarianism: asymmetrical and symmetrical luck egalitarianism. According to the former, while inequalities due to luck are unjust, equalities due to luck are not necessarily so. The latter view, by contrast, affirms the undesirability of equalities as well as inequalities insofar (...) as they are due to luck. The symmetrical view, we argue, is by far the more compelling, both by internal luck egalitarian standards and in light of the external rightist emphasis on choice and responsibility to which luck egalitarianism may partly be seen as a response. Our main case for the symmetrical view is that when some people, against a background of equal opportunities, do not exercise their responsibility to the same degree as others, they cannot justifiably call for equalizing measures to be put in place. Indeed, such measures would be positively unfair. The symmetrical view, accordingly, rejects compensation in such cases, whereas the asymmetrical view, implausibly, enjoins it. We also examine two objections to this argument. First, that this view fails to qualify as genuinely egalitarian, instead collapsing the notion of equality into the notion of desert. Second, that the opposing asymmetrical view, in contrast to the symmetrical view, can draw support from its compatibility with sufficientarian concerns. Both objections are rebutted. We conclude that luck egalitarians are best served by endorsing the symmetrical, luck-neutralizing stance. (shrink)

John Rawls is arguably the most important political philosopher of the past century. His theory of justice has set the agenda for debate in mainstream political philosophy for the past forty years, and has had an important influence in economics, law, sociology, and other disciplines. However, despite the importance and popularity of Rawls's work, there is no clear picture of what a society that met Rawls's principles of justice would actually look like. This article sets out to explore that question.

Luck egalitarianism is a family of egalitarian theories of distributive justice that aim to counteract the distributive effects of luck. This article explains luck egalitarianism's main ideas, and the debates that have accompanied its rise to prominence. There are two main parts to the discussion. The first part sets out three key moves in the influential early statements of Dworkin, Arneson, and Cohen: the brute luck/option luck distinction, the specification of brute luck in everyday or theoretical terms and the specification (...) of advantage as resources, welfare, or some combination of these. The second part covers three later developments: the democratic egalitarian critique of luck egalitarianism, the luck egalitarian acceptance of pluralism, and luck egalitarian doubts about the significance of the brute luck/option luck distinction. (shrink)

Qui peut revendiquer un territoire, sur quelles bases et avec quelles conséquences sont des questions qui font l’objet de débats en philosophie politique contemporaine. En réponse, j’adopte « la théorie de l’État légitime » proposée par Stilz. Selon Wellman, une conséquence des revendications territoriales serait le droit de l’État de refuser la migration sur son territoire. Je juxtapose son propos de l’État légitime avec celui de Stilz et soutiens que, si l’on accepte la fondation de l’État légitime sur la valeur (...) de l’autonomie individuelle, accepter seulement des devoirs négatifs, soit de ne pas violer les droits des non-citoyens, n’est pas plausible. Je justifie les devoirs positifs des États légitimes d’aider à la réalisation de l’autonomie individuelle pour tous ceux dont les États d’origine échouent à la tâche et qui souhaitent se joindre et soutenir les institutions de l’État légitime. Cela implique l’obligation de l’État de permettre leur immigration.Who can claim a territory, on what grounds and what such claims entitle to has recently been the subject of much philosophical debate. In answer to this question, I adopt the ‘legitimate state theory’ proposed by Stilz. One consequence of the claim to territory that has been proposed by Wellman is the right to refuse migration onto a territory. I contrast his and Stilz’ account of the legitimate state and argue that if we accept that legitimate states are grounded on the value of individual autonomy, it is not plausible why states only have the negative duty to not violate human rights in dealings with non-citizens ; instead, I argue that states have positive duties to realize the possibility for individual autonomy for all those whose states fail in providing them with the means to individual autonomy and who wish to join and support the institutions of the legitimate state. This implies a duty to allow their immigration. (shrink)

Our moral convictions cannot, on the face of it, count in evidence against scientific claims with which they happen to conflict. Moral anti-realists of whatever stripe can explain this easily: science is immune to moral refutation because moral discourse is defective as a trustworthy source of true and objective judgments. Moral realists, they can add, are unable to explain this immunity. After describing how anti-realists might implement this reasoning, the paper argues that the only plausible realist comeback turns on the (...) practical nature of moral reasoning. This comeback, however, places significant constraints on the structure of evidence for moral judgments. These constraints cannot be met by coherentist defenders of reflective-equilibrium methodology or by anyone sympathetic to bottom-up, case-driven foundationalism, including those who claim we have perceptual or perception-like access to moral truths. Unfortunately for realists in these categories, alternative realism-friendly accounts of science’s apparent moral immunity are unpromising. These neither explain nor explain away our unwillingness to infer an is from an ought, as Hume might have put it. Science’s apparent immunity to moral refutation therefore poses a serious problem for any realist unhappy with top-down, theory-driven conceptions of the structure of moral evidence. (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)

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

Numerous philosophers allege that the "general theory of second best" (Lipsey and Lancaster, 1956) poses a challenge to the Target View, which asserts that real world reform efforts should aim to establish arrangements that satisfy the constitutive features of ideal just states of affairs. I demonstrate two claims that are relevant in this context. First, I show that the theory of second best fails to present a compelling challenge to the Target View in general. But, second, the theory of second (...) best requires ideal theorists to undertake certain kinds of causal and comparative analyses that are typically thought to lie beyond the borders of conventional ideal theory. (shrink)

In a recent article, Seana Valentine Shiffrin offers a distinctive egalitarian critique of the types of incentive inequalities that are permitted by John Rawls's difference principle. She argues that citizens of a well-ordered society, who publicly accept Rawls's two principles of justice and their justifications, may not demand incentives to employ their talents in productive ways since such demands are inconsistent with a major justification for the difference principle: the moral arbitrariness of talent. I argue that there is no such (...) inconsistency. Citizens can publicly accept the claim that talent is morally arbitrary and accept incentives to employ their talents productively without inconsistency. In the standard case that Rawls envisions, citizens who do so take their preferences to be a reason for a higher salary, not their talents. (shrink)

This article explores the Rawlsian goal of ensuring that distributions are not influenced by the morally arbitrary. It does so by bringing discussions of distributive justice into contact with the debate over moral luck initiated by Williams and Nagel. Rawls’ own justice as fairness appears to be incompatible with the arbitrariness commitment, as it creates some equalities arbitrarily. A major rival, Dworkin’s version of brute luck egalitarianism, aims to be continuous with ordinary ethics, and so is (a) sensitive to non-philosophical (...) beliefs about free will and responsibility, and (b) allows inequalities to arise on the basis of option luck. But Dworkin does not present convincing reasons in support of continuity, and there are compelling moral reasons for justice to be sensitive to the best philosophical account of free will and responsibility, as is proposed by the revised brute luck egalitarianism of Arneson and Cohen. While Dworkinian brute luck egalitarianism admits three sorts of morally arbitrary disadvantaging which correspond to three forms of moral luck (constitutive, circumstantial, and option luck), revised brute luck egalitarianism does not disadvantage on the basis of constitutive or circumstantial luck. But it is not as sensitive to responsibility as it needs to be to fully extinguish the influence of the morally arbitrary, for persons under it may exercise their responsibility equivalently yet end up with different outcomes on account of option luck. It is concluded that egalitarians should deny the existence of distributive luck, which is luck in the levels of advantage that individuals are due. (shrink)

Traditional outcome-orientated egalitarian principles require access to information about the size of individual holdings. Recent egalitarian political theory has sought to accommodate considerations of responsibility. Such a move may seem problematic, in that a new informational burden is thereby introduced, with no apparent decrease in the existing burden. This article uses a simple model with simulated data to examine the extent to which outcome egalitarianism and responsibility-sensitive egalitarianism (‘luck egalitarianism’) can be accurately applied where information is incomplete or erroneous. It (...) is found that, while outcome egalitarianism tends to be more accurately applied, its advantage is not overwhelming, and in many prima facie plausible circumstances luck egalitarianism would be more accurately applied. This suggests that luck egalitarianism cannot be rejected as utopian. Furthermore, while some argue that, in practice, luck egalitarianism is best realized indirectly, by securing equality of outcome, our evidence suggests that a luck egalitarian rule of regulation offers a far more accurate implementation of the luck egalitarian ideal than does an outcome egalitarian rule of regulation. (shrink)

This contribution defends Ripstein's attempt to reconstruct Kant's political philosophy as entirely and consistently grounded on the idea of people's innate right to freedom as independence, in particular with respect to charges of circularity raised by other contributors to this symposium. However, it also argues that, if the concept of freedom as independence is to provide a foundation for a full-blown account of political justice, a richer interpretation of it should be provided. In other words, we must be willing to (...) make controversial and empirically informed claims about what counts as a threat to our freedom as independence under specific circumstances. We must have a more embedded account of freedom as independence, one that engages with the contingencies of politics and of the human condition. (shrink)

Journal of Economic Methodology, Volume 19, Issue 2, Page 165-167, June 2012.

In Cohen’s vision of the just society, there would be no need for unequalizing incentives so as to benefit the least well-off; instead, people would be motivated by an egalitarian ethos to work hard and in the most socially productive jobs. As such, Cohen appears to offer a way to mitigate the trade-off of equality for efficiency that often characterizes theorizing about distributive justice. This article presents an egalitarian challenge to Cohen’s vision of the just society. I argue that a (...) society where all internalized the egalitarian ethos would be one lacking equal respect among its members, in which certain groups lacked the grounds of self-respect. Section 1 defends equal respect and a form of equality of self-respect as values with broad-based appeal to egalitarians, and argues that a particular form of hierarchy would undermine both equal respect and the grounds of self-respect. Sections 2 and 3 reveal that just such a hierarchy would emerge in a society in which all had internalized the egalitarian ethos, in the case of both carers and the untalented. Thus, Cohen’s proposed society is shown to fail to unite equality and efficiency. Instead, Cohen’s society would be characterized by a lack of equality. (shrink)

Taurek cases focus a choice between two views of permissible action, Can Save One and Must Save Many . It is argued that Taurek cases do illustrate the rationale for Can Save One , but existing views do not highlight the fact that this is because they are examples of claims grounded on non-comparative justice. To act to save the many solely because they form a group is to discriminate against the one for an irrelevant reason. That is a canonical (...) form of non-comparative injustice. The error lies in taking a contingency of some presentations of some Taurek cases, namely, that they involve distribution, to introduce the claims of comparative as opposed to non-comparative justice. But cases of non-comparative justice can, contingently, also involve distribution. In order to settle which form of justice applies it is necessary to examine the nature of the distribution involved and the nature of “classes” to which individuals can be assigned. (shrink)

In recent works, Shlomi Segall suggests and defends a luck egalitarian approach to justice in health. Concurring with G. A. Cohen’s mature position he defends the idea that people should be compensated for “brute luck”, i.e. the outcome of actions that it would be unreasonable to expect them to avoid. In his defense of the luck egalitarian approach he seeks to rebut the criticism raised by Norman Daniels that luck egalitarianism is in some way too narrow and in another too (...) wide to uphold justice in health and health care distribution. He points out that a pluralistic outline of luck egalitarianism taking into account the moral requirement of meeting everyone’s basic needs can avoid this line of criticism. In this article I argue against the application of such pluralistic luck egalitarianism in matters of health distribution. First of all, Segall has not shown that luck egalitarianism handles well health distributions above a threshold of basic needs. Secondly, his way of avoiding Elizabeth Anderson’s abandonment objection is theoretically problematic. Finally, I argue that luck egalitarianism in general fails to acknowledge the moral foundation of health and health care as a basic human entitlement. Thus I conclude that luck egalitarianism fails to take health needs seriously and that it cannot therefore uphold justice in health. (shrink)

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

In Why Not Socialism?, GA Cohen defines socialism as the combined application of two moral principles: the egalitarian principle and the principle of community. The desirability of a social order organized around these two principles is illustrated by the ‘camping trip’ example. After describing the fundamental features of the camping trip scenario at reasonable length, Cohen argues that the desirability of such a social model is nearly self-explanatory, concluding therefore that the most significant challenges to socialism lie in its feasibility. (...) This article argues that the desirability of the camping trip model as an appropriate ideal for society is less obvious than Cohen acknowledges. To argue my point, I shall compare the camping trip with another social practice that is equally small sized and characterized by strong emotional ties among its members, but in which the conditions of what I shall call ‘goal-monism’ and discontinuity in time do not hold, namely, the family. (shrink)

Is equality a distributive value or does it rather point to the quality of social relationships? This article criticizes the distributive character of luck egalitarian theories of justice and fleshes out the central characteristics of an alternative, relational approach to equality. It examines a central objection to distributive theories: that such theories cannot account for the significance of how institutions treat people (as opposed to the outcomes they bring about). I discuss two variants of this objection: first, that distributive theories (...) fail to account for the importance of how institutions cause good shortfalls and, second, that they fail to account for the normative attitude of social and political institutions expressed in different ways of treating people. The article argues that the causal variant of the objection has only very limited reach, and endorses the expressive variant: the attitudes expressed by institutions in their treatment of persons, such as contempt or neglect, generate potentially unjust social relationships and hierarchies. This should be the focus of a relational egalitarian approach to social justice. The article proceeds to explain how it is possible that artificial agents such as institutions have attitudes and how these attitudes are not reducible to those of the individuals that sustain them, and argues that distributive theories cannot be so modified as to account for such attitudes. It concludes by indicating several directions for the development of more worked-out conceptions of relational equality on this basis. (shrink)

Can outcome equality (say, in welfare) ever be unjust? Despite the extensive inquiry into the nature of luck egalitarianism in recent years, this question is curiously under-explored. Leading luck egalitarians pay little attention to the issue of unjust equalities, and when they do, they appear not to speak in one voice. To facilitate the inquiry into the potential injustice of equalities, the paper introduces two rival interpretations of egalitarianism: the responsibility view, which may condemn equalities as unjust (when they reflect (...) unequal levels of personal responsibility); and, the non-responsibility view, which does not. It then teases out the implications of these two views, in the hope of establishing that the latter is at least as plausible as the former. The paper thus establishes that the egalitarian ideal can be plausibly formulated in a way that condemns only (certain) inequalities but never equalities, and that this formulation is both coherent and attractive. (shrink)

Governments are subject to the requirements of justice, yet often seem to go above and beyond what justice requires in order to act in ways many people think are good. These kinds of acts – examples of which include putting on celebrations, providing grants to poets, and preserving historic architecture – appear to be acts of government supererogation. In this paper, I argue that a common view about the relationship between government, coercion, and justice implies that most such acts are (...) not supererogatory, but wrong. Many will find that conclusion unattractive, but rejecting the common view that implies it raises problems, too. (shrink)

In this paper I try to illuminate the Rawlsian architectonic through an interpretation of what Rawls’ Lectures on the History of Political Philosophy say about Rousseau. I argue that Rawls’ emphasis there when discussing Rousseau on interpreting amour-propre so as to make it compatible with a life in at least some societies draws attention to, and helps explicate, an analogous feature of his own work, the strains of commitment broadly conceived. Both are centrally connected with protecting a sense of self (...) which is vital for one’s own agency. This allows us to appreciate better than much of the literature presently does the requirement for Rawls that justice and the good are congruent, that a society of justice does not disfigure citizens’ ability to live out lives relatively unmarked by relations of domination. Some comments on G. A. Cohen’s critiques of Rawls are made. (shrink)

Rawls champions the cause of the poor because of his strong moral sentiments about the eradication of poverty. I present these sentiments, which he converts into normative elements of his theory of justice. However, the conceptual framework and intellectual resources that he uses to articulate these sentiments are inadequate. His sentiments against poverty cannot be accommodated neatly, simply, and coherently in his liberal theoretical framework. Also, I point out that his definition of the identification of poor people as the least (...) advantaged members of society is not adequate. Therefore, his theory is refashioned so that it can properly account for the fundamental interests of poor people. An alternative conception is presented, revising Rawlsian liberalism to enable it to adequately champion the cause of the poor. I provide an alternative definition of poverty and apply Mill’s analysis of the relation between justice and utility to Rawls’ theory of justice. (shrink)

What should our theorizing about social justice aim at? Many political philosophers think that a crucial goal is to identify a perfectly just society. Amartya Sen disagrees. In The Idea of Justice, he argues that the proper goal of an inquiry about justice is to undertake comparative assessments of feasible social scenarios in order to identify reforms that involve justice-enhancement, or injustice-reduction, even if the results fall short of perfect justice. Sen calls this the “comparative approach” to the theory of (...) justice. He urges its adoption on the basis of a sustained critique of the former approach, which he calls “transcendental.” In this paper I pursue two tasks, one critical and the other constructive. First, I argue that Sen’s account of the contrast between the transcendental and the comparative approaches is not convincing, and second, I suggest what I take to be a broader and more plausible account of comparative assessments of justice. The core claim is that political philosophers should not shy away from the pursuit of ambitious theories of justice (including, for example, ideal theories of perfect justice), although they should engage in careful consideration of issues of political feasibility bearing on their practical implementation. (shrink)

Solidarity is a significant but poorly understood feature of political life. It is typically conceived, in “associative and teleological” terms, as working together for common political aims. But this conception misses the fact that solidarity requires individuals to will collective ends despite incompletely shared interests. Careful consideration of these elements reveals four “dynamics of solidarity”: its characteristic duties, the durability of commitments made in solidarity, the deference it involves, and its effects over time on agents’ habits and capacities. In this (...) article I describe these dynamics, first contrasting solidarity-given duties with duties of beneficence, justice, and loyalty. These contrasts lay bare the distinctive durability of solidarity, which differs from both the liberal’s commitment to justice and the loyalist’s commitment to the group. I then discuss deference, a feature of solidarity that has implications for individual engagement in political life more generally. Finally, I discuss the effects of solidarity on agents’ intellectual and physical capacities. I conclude by drawing out implications of these dynamics, challenging Tommie Shelby’s influential conception and justification of black solidarity and buttressing Philip Soper’s rejection of the Principle of Autonomy. (shrink)

Neutralists have argued that there is something illiberal about linking access to gift-like resources to work requirements. The central liberal motivation for basic income is to provide greater freedom to choose between different ways of life, including options attaching great importance to non-market activities and disposable time. As argued by Philippe Van Parijs, even those spending their days surfing should be fed. This article examines Van Parijs' dual commitment to a ‘real libertarian’ justification of basic income and the public enforcement (...) of a strong work ethos, which serves to boost the volume of work at a given rate of taxation. It is argued (contra Van Parijs) that this alliance faces the neutrality objection: the work ethos will largely offset the liberal gains of unconditionality by radically restricting the set of permissible options available. A relaxed, non-obligatory ethos might avoid this implication. This view, however, is vulnerable to the structural exploitation objection: feasibility is achieved only because some choose to do necessary tasks to which most people have the same aversion. In light of these objections, the article examines whether there is a morally untainted feasibility path consistent with liberal objectives. (shrink)

Oppression can be unjust from a luck egalitarian point of view even when it is the consequence of choices for which it is reasonable to hold persons responsible. This is for two reasons. First, people who have not been oppressed are unlikely to anticipate the ways in which their choices may lead them into oppressive conditions. Facts about systematic phenomena (like oppression) are often beyond the epistemic reach of persons who are not currently subject to such conditions, even when they (...) possess adequate information about the particular consequences of their choices. Second, people may be (much) less responsible for remaining in oppressive conditions, even if they are responsible for entering circumstances of oppression. Oppression that results from a person’s choice may cause or contribute to dramatic changes in that person, and these changes may be sufficient to undermine the person’s responsibility for the results of her earlier choice. (shrink)

Are the rights, duties, and virtues of citizenship grounded exclusively in considerations of justice, or do some or all of them have other sources? This question is addressed by distinguishing three different accounts of the justification of these rights, duties, and virtues, namely, the justice account, the common-good account, and the equal-membership account. The common-good account is rejected on the grounds that it provides an implausible way of understanding what it is to act as a citizen. It is then argued (...) that the justice account and the equal-membership account provide complementary perspectives that differ in terms of the scope of the duties they ground: the latter offers an analysis of the duties that citizens proper (those with an unconditional right of residence and full political rights) owe to each other, whereas the former provides an analysis of the duties that those who are under the jurisdiction of the same state, whether fellow citizens or not, owe to each other. The article concludes by arguing that the distinction between the justice account and the equal-membership account cuts across the traditional one that is drawn between liberal and republican theories of citizenship. (shrink)

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 (...) 'each according to her basic needs and above this level according to her relative bargaining power'. In response to the second problem, I argue that the stabilized Nash bargaining solution can serve as a principle of distributive justice in certain situations where moral reasoning is reduced to instrumental reasoning. In particular, I argue that rational individuals would choose the stabilized Nash bargaining solution in Rawls' original position. (shrink)

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 (...) argues that the empirically based analysis can generate criteria for assessing whether the normative theory successfully works out a solution, thereby developing a functionalist structure of justification. He further argues that this interpretation overcomes a longstanding criticism of constructivism, namely, that the use of substantive moral concepts in the hypothetical choice procedure biases the defense of principles in a particular direction and therefore begs important philosophical questions. (shrink)

The prospect of dangerous climate change requires Humanity to limit the emission of greenhouse gases. This in turn raises the question of how the permission to emit greenhouse gases should be distributed and among whom. In this article the author criticises three principles of distributive justice that have often been advanced in this context. He also argues that the predominantly statist way in which the question is framed occludes some morally relevant considerations. The latter part of the article turns from (...) critique and advances a new way of addressing the problem. In particular, first, it proposes four key theses that should guide our normative analysis; and, second, it outlines how these four theses can be realised in practice. (shrink)

This paper assesses Brian Barry's attempt in Why Social Justice Matters to argue the importance of social justice. Barry seeks to dismiss the ideological misunderstandings that have prevented recognition of the importance of social justice. He also suggests that a robust conception of social justice will be needed to guide policies that solve the problems of the modern world. I argue that the issue of social justice has suffered neglect because of the influence of different ideas of social justice than (...) Barry's rather than a misunderstanding among politicians and media pundits of generally shared intuitions of justice. These different ideas of justice must be shown to be wanting. In doing this, I argue that any adequate theory of social justice must address the issue of the fairness of starting points in peoples' lives. I point out that any such theory requires such revolutionary change that it contradicts the presuppositions of public policy and thus cannot serve to guide public policy solutions to the problems that Barry wants addressed. I argue that a 'non-ideal' theory of justice and principles for making unjust societies fairer, with more modest proposals for change, will better serve as a guide to public policy. (shrink)

G. A. Cohen's Rescuing Justice and Equality proposes that both concepts need rescuing from the work of John Rawls. Especially, it is concerned with Rawls' famous second principle of justice according to which social primary goods should be distributed equally unless an unequal distribution is to the benefit of the worst off. The question is why this would ever be necessary if all parties are just. Cohen and I agree that Rawls cannot really justify inequalities on the basis given. But (...) he also thinks equality is the correct analysis of justice, though he provides no actual direct arguments for this. He does, however, provide a striking analytical argument claiming that fundamental principles of justice must be fact insensitive, and that Rawls's view of justice violates this requirement. I argue that the requirement is itself misconceived and that principles of justice cannot possibly be fact insensitive in the sense developed by Cohen. Few philosophers share this view of Cohen's—which I argue is due to several conceptual mistakes. With these ironed out, the contractarian view, broadly speaking, is seen to be plausible and powerful. Meanwhile Cohen appears to embrace intuitionism, a stance that cannot possibly be acceptable in social philosophy. In the end, Cohen is successful in arguing that Rawls cannot have what he wants, but neither is Cohen successful in claiming that justice is equality. (shrink)

This essay is an attempt to piece together the elements of G. A. Cohen's thought on the theory of socialism during his long intellectual voyage from Marxism to political philosophy. It begins from his theory of the maldistribution of freedom under capitalism, moves onto his critique of libertarian property rights, to his diagnosis of the “deep inegalitarian” structure of John Rawls' theory and concludes with his rejection of the “cheap” fraternity promulgated by liberal egalitarianism. The paper's exegetical contention is that (...) Cohen's work in political philosophy is best understood in the background of lifelong commitment to a form of democratic, non-market, socialism realizing the values of freedom, equality and community, as he conceived them. The first part of the essay is therefore an attempt to retrieve core socialism-related arguments by chronologically examining the development of Cohen's views, using his books as thematic signposts. The second part brings these arguments together with an eye to reconstructing his vision of socialism. It turns out that Cohen's political philosophy offers a rich conception of objective and subjective freedom, an original understanding of justice as satisfaction of genuine need, and a substantive ideal of fraternity as justificatory community with others. If properly united, these values can suggest a full-bloodied account of the just polity, and give us a glimpse into what it means, for Cohen, to treat people as equals. (shrink)

In her ‘On the apparent paradox of ideal theory’, Laura Valentini combines three supposedly plausible premises to derive the paradoxical result that ideal theory is both unable to, and indispensable for, guiding action. Her strategy is to undermine one of the three premises by arguing that there are good and bad kinds of ideal theory, and only the bad kinds are vulnerable to the strongest version of their opponents’ attack. By undermining one of the three premises she releases ideal theorists (...) from the paradox, which is as follows. (1) Any sound theory of justice is action-guiding. (2) Any sound theory of justice is ideal. (3) Any ideal theory fails to be action-guiding. Here I shall respond to Valentini in two ways. First, I shall show that both (1) and (2) are false. The falsity of either is sufficient to release ideal theorists from the paradox. Second, I shall show that Valentini’s response to (3) can be extended, because her bad kinds of ideal theory do not necessarily fail to guide action. The cumulative effect of my arguments further strengthens Valentini’s support of ideal theory. I will deal with premises (1) and (2) in Sections I and II, and (3) in Section III. (shrink)

In this paper, I seek to undermine G.A. Cohen ’s polemical use of a metaethical claim he makes in his article, ‘ Facts and Principles’, by arguing that that use requires an unsustainable equivocation between epistemic and logical grounding. I begin by distinguishing three theses that Cohen has offered during the course of his critique of Rawls and contractualism more generally, the foundationalism about grounding thesis, the justice as non-regulative thesis, and the justice as all-encompassing thesis, and briefly argue that (...) they are analytically independent of each other. I then offer an outline of the foundationalism about grounding thesis, characterising it, as Cohen does, as a demand of logic. That thesis claims that whenever a normative principle is dependent on a fact, it is so dependent in virtue of some other principle. I then argue that although this is true as a matter of logic, it, as Cohen admits, cannot be true of actual justifications, since logic cannot tell us anything about the truth as opposed to the validity of arguments. Facts about a justification cannot then be decisive for whether or not a given argument violates the foundationalism about grounding thesis. As long as, independently of actual justifications, theorists can point to plausible logically grounding principles, as I argue contractualists can, Cohen ’s thesis lacks critical bite. (shrink)

What are the main conditions that any theory of human rights should satisfy to guide action? If agents must take action for a fairer world as human rights discourse suggests, this is a crucial question to reflect upon. In this paper, I make a proposal. I argue that any theory of (moral) human rights that guides action on the basis of correlative duties must satisfy three key conditions. The first condition is focused on the specification of act-types, the second concerns (...) the distribution of correlative duties, and the third is focused on the resolution of (resolvable) conflicts of human rights. I show that this proposal has substantive implications because it implies to reject, challenge and, in some cases, resist ideas that are commonly accepted in the literature on human rights. (shrink)

Many political theorists today appeal to, or assume the existence of, a political culture in which the public values of Western liberal democracies are embedded – a political culture that is necessary to render their ideas plausible and their proposals feasible. This article contrasts this approach with the more ambitious arguments advanced by Jürgen Habermas in his original account of discourse ethics – a moral theory to which, he supposed, all human beings were demonstrably and ineluctably bound by the communicative (...) constitution of collective life. Although these arguments have been largely discredited, I argue that Habermas’ analysis can be enlisted in defence of a weaker claim: namely, that principled commitment to discussion is not always necessary for genuine deliberative engagement to occur. As a result, there may be hope for democratic deliberation in contexts where a liberal democratic political culture is lacking. (shrink)

A common anti-egalitarian argument is that equality is motivated by envy, or the desire to placate envy. In order to avoid this charge, John Rawls explicitly banishes envy from his original position. This article argues that this is an inconsistent and untenable position for Rawls, as he treats envy as if it were a fact of human psychology and believes that principles of justice should be based on such facts. Therefore envy should be known about in the original position. The (...) consequences for Rawlsian theory—both substantive and methodological—are discussed. (shrink)

This paper uses the exploration of the grounds of a common criticism of luck egalitarianism to try and make an argument about both the proper subject of theorizing about justice and how to approach that subject. It draws a distinction between what it calls basic structure views and a priori baseline views, where the former take the institutional aspects of political prescriptions seriously and the latter do not. It argues that objections to luck egalitarianism on the grounds of its harshness (...) can in part be explained by this blindness to relevant features of institutions. Further, it may be that luck egalitarianism cannot regard its own enactment as just. A related objection to Ronald Dworkin's equality of resources, which claims that it cannot pick a particular institutional background to set the costs of resources and so is radically indeterminate, is also presented. These results, I argue, give us good reason to reject all a priori baseline views. (shrink)

This paper examines the distinction drawn by Amartya Sen between transcendental and comparative theories of justice, and its application to Rawls' doctrine. It then puts forward three arguments. First, it is argued that Sen offers a limited portrayal of Rawls' doctrine. This is the result of a rhetorical strategy that depicts Rawlsian doctrine as more “transcendental” than it really is. Although Sen deploys numerous quotations in support of his interpretation, it is possible to offer a less transcendental interpretation of Rawls. (...) Second, the dichotomy between transcendental and comparative approaches to questions of justice is partly misleading, insofar as any plausible moral doctrine has both transcendental and comparative elements. Transcendental elements are necessary to avoid the confusion between the general acceptance of a norm, value or principle and its justification. A comparative view highlights the conditions of application of the doctrine to the real world, taking into account the possibility of moral dilemmas, evaluative disagreements and limited resources, while proposing possible provisos and caveats to the risk of the doctrine being self‐defeating. Third, although the transcendental approach is useful, it is argued that in elaborating this dichotomy Sen overlooks the merits of the third way between comparative and transcendental doctrines, what he calls “conglomerate theory,” and also the possibility that his doctrine (the capability approach) might be considered as an example of such a theory. The paper concludes with the argument that conglomerate theory does not aim to produce complete moral orderings, but rather a comparative approach with transcendental elements, as a form of weak transcendentalism. (shrink)

Pettit (2006) argues that deferring to majority testimony is not generally rational: it may lead to inconsistent beliefs. He suggests that “another ... approach will do better”: deferring to supermajority testimony. But this approach may also lead to inconsistencies. In this paper, I describe conditions under which deference to supermajority testimony ensures consistency, and conditions under which it does not. I also introduce the concept of “consistency of degree k”, which is weaker than full consistency by ruling out only “blatant” (...) inconsistencies in an agent’s beliefs while permitting less blatant ones, and show that, while super-majoritarian deference often fails to ensure full consistency, it is a route to consistency in this weaker sense. (shrink)

One prominent criticism of luck egalitarianism is that it requires either shameful revelations or otherwise problematic declarations by the state toward those who have had bad brute luck. Relational egalitarianism, by contrast, is portrayed as an alternative that requires no such revelations or declarations. I argue that this is false. Relational equality requires the state to draft anti-discrimination laws for both state and private action. The ideal of relational egalitarianism requires these laws to be asymmetric, that is to allow affirmative (...) action for disadvantaged groups while prohibiting affirmative action for advantaged groups. Hence, the state needs to make a public declaration on which groups are privileged and which are underprivileged; and individuals need to reveal whether they belong to groups officially declared underprivileged. These declarations are no more problematic in this case than in the case of luck egalitarianism. (shrink)