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)

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)

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)

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)

This essay is a review ofKarl Marx and Contemporary Philosophy. While the text will provide even knowledgeable Marxist readers with new insights on key texts and concepts in Marx, it nevertheless fails to intervene in crucial contemporary philosophical debates. The book is concerned less with the contemporary significance of Marxist philosophyas philosophyand more with re-reading classical Marxist texts in a contemporary context. This job it does well, but leaves the more important question of what Marxists have to say about fundamental (...) philosophical problems today unaddressed for the most part. (shrink)

Jeremy Waldron has plausibly argued that historical injustices can be superseded by serious efforts to achieve justice in the present and future. This essay considers what it might mean to arrange things justly in the relevant way, focusing on the work of John Rawls as our best existing template for conceptualizing justice of this kind. The essay outlines ways in which a Rawlsian system of social justice seems unable to meet its own normative aspirations and unable to provide a model (...) for overcoming historically constituted disadvantage. As the essay argues, the society described by Rawls is likely to remain divided by inherited class structures, given the motivational requirements of markets and the psychological effects of the division of labor, so that inheritors of historical injustice would remain disadvantaged even if Rawlsian principles were put into practice. The essay considers some speculative methods for overcoming these inequalities, and argues that the most promising approach in circumstances as we know them will draw on already-existing programs of compensation for historical expropriation. The essay also argues that Rawlsians should take seriously the application of the difference principle to the distribution of political authority alongside material resources, suggesting that we should give careful thought to how political structures can protect the interests of the least advantaged. The paper argues that, once again, existing mechanisms for Aboriginal self-governance are more appropriate as a system of forward-looking justice than they may otherwise appear. The essay argues in closing that political philosophy should give increased attention to the ethics of political action and to conflict among the disadvantaged in imperfect circumstances. (shrink)

Michelman's Constitutional Essentials raises important questions about the idea of political liberalism and related idea of public reason. This essay offers a sympathetic commentary while also exploring the importance of the idea of reciprocity for both Rawls and Michelman.

Although many accept the Rawlsian distinction between ‘end-state’ and ‘transitional’ principles, theorists disagree strongly over which feasibility constraint to use when selecting the former. While ‘minimalists’ favor a scientific-laws-only constraint, ‘non-minimalists’ believe that end-state principles should also be constrained by what people could (empirically) accept after reasoned discussion. I argue that a theorist who follows ‘non-minimalism’ will devise end-state principles that cannot be realized (as end-state principles), or cannot be stabilized (as end-state principles), or are indistinguishable in content from those (...) she would have selected had she followed ‘minimalism.’ The paper ends by outlining the implications of my analysis for the broader methodological map of political philosophy. (shrink)

Resumen El concepto de ideología ha cumplido una importante función para explicar y criticar la reproducción y justificación de circunstancias de opresión y dominación. Sin embargo, la formulación en términos de falsa conciencia carga con la dificultad de asumir una asimetría entre quien atribuye ideología y la supuesta víctima de ella, que hace a tal perspectiva prácticamente indefendible. Para esta dificultad, propongo una formulación del concepto en términos posmetafísicos, que al estar anclada en la intersubjetividad y la procedimentalidad, cancela la (...) posibilidad de asumir un acceso privilegiado en el proceso de atribución de ideología. Tal formulación es en términos de justificación engañosa que genera el bloqueo a la justificación, es decir, el cierre del sujeto a las razones de los otros y a un reforzamiento de las adoptadas. Esto también abre el camino para que la crítica de la ideología opere en los procesos de justificación, especialmente en los espacios donde se lleva adelante la discusión pública.The concept of ideology has played an important role in explaining and criticizing the reproduction and justification of circumstances of oppression and domination. However, its formulation in terms of false consciousness has the burden of assuming an asymmetry between the one who attributes ideology and the supposed victim, which is an almost indefensible perspective. As a way to overcome this difficulty, I propose a formulation of the concept in postmetaphysical terms, which, in being anchored in intersubjectivity and proceduralism, cancels the possibility of assuming a privileged access in the ideology attribution process. Such formulation consists of a deceptive justification that generates the blockage to justification, that is, the closure of the subject to the reasons of the others and hence to a reinforcement of one’s already adopted beliefs. This formulation also opens the way for situating the critique of ideology in the processes of justification, especially in the spaces where public discussion takes place. (shrink)

Some meritocratic defenders of capitalism rely on the principle that cooperators should receive a share of the product commensurate with their contribution. However, such defences of capitalism fail due to a dilemma. Either they rely on an understanding of contribution that arguably will be reflected by the capital-labour split in suitably idealized capitalist economies, but cannot serve as a plausible standard of merit; or they rely on an interpretation of contribution that is a plausible standard of merit, but which won’t (...) tend to be reflected by the capital-labour split in capitalist economies. (shrink)

John Rawls famously distinguishes between ideal and nonideal theory, according priority to the former. He depicts his own efforts to articulate the conception of justice as fairness as an instance of ideal theory. Subsequent political theorists have taken Rawls’s distinction as a template for how we should understand the tasks of political theory. Yet they also have struggled to clarify the underlying distinction with notable lack of success. We argue that Rawls himself does not abide by the distinction between ideal (...) and nonideal theory and that this affords a good reason to set the distinction aside as a distraction. (shrink)

What does it mean to say that the demands of justice are institutional rather than individual? Justice is often thought to be directly concerned only with governmental institutions rather than individuals’ everyday, legally permissible actions. This approach has been criticized for ignoring the relevance to justice of informal social norms. This paper defends the idea that justice is distinctively institutional but rejects the primacy of governmental institutions. I argue that the ‘pervasive structure of society’ is the site of justice and (...) injustice. It includes all widely enforced social rules and norms, governmental and otherwise, such as informal norms of gender, language and class, and provides a revisionary foundation for the theoretical elucidation and practical pursuit of justice. It provides a framework for evaluating the ways in which people can and should promote justice in their everyday lives. (shrink)

Given the inevitability of scarcity, should public institutions ration healthcare resources so as to prioritize those who contribute more to society? Intuitively, we may feel that this would be somehow inegalitarian. I argue that the egalitarian objection to prioritizing treatment on the basis of patients’ usefulness to others is best thought of as semiotic: i.e. as having to do with what this practice would mean, convey, or express about a person's standing. I explore the implications of this conclusion when taken (...) in conjunction with the observation that semiotic objections are generally flimsy, failing to identify anything wrong with a practice as such and having limited capacity to generalize beyond particular contexts. (shrink)

Les débats entre libéraux sur la justice sociale ont beaucoup alimenté la réflexion contemporaine sur le revenu de base (ou allocation universelle). Cette notion est présentée ici comme relevant de « l’économie de l’égalitarisme libéral », dont le point d’ancrage se situe dans l’œuvre philosophique de Rawls. Celui-ci n’est certes pas partisan de l’allocation universelle, mais sa pensée offre néanmoins un cadre général adéquat pour l’étudier, en particulier par la hiérarchie des principes de justice qu’il défend (1). Au troisième niveau (...) de cette hiérarchie, l’interprétation à donner au « principe de différence » a suscité la controverse des « surfeurs de Malibu », par laquelle Van Parijs a pu défendre le caractère inconditionnel de l’allocation universelle (2). Reste alors à passer de la philosophie à l’économie du revenu de base, en montrant comment ce dernier peut être considéré comme une variante précise d’impôt négatif sur le revenu. A ce stade, une relecture de l’intuition de Friedman sur la question aboutit à considérer l’allocation universelle comme un « crédit d’impôt universel » (3). En conclusion, pour les démocraties libérales et dans le cas de la France, sont esquissées quelques observations prospectives sur une éventuelle application d’une telle conception du revenu de base (4). (shrink)

Work is something with which most people have to engage. For many of us, it is also something towards which we feel ambivalent or worse. In this paper, I argue for the need to think about the meaning of this ambivalence when discussing the issue of state neutrality and the justification of state’s decisions as they pertain to the economy. Where the kinds of work some people have to perform issue in costs extensive enough to undermine their integrity, the neutrality (...) of a state’s decision is insufficient justification. In these circumstances, states must find ways to grant such workers an exemption, allowing them to renegotiate the extent and quality of the work they do. I examine unconditional basic income as a means of fulfilling this function. (shrink)

This article discusses various arguments for and against treating equality as a fundamental norm in law and political philosophy, combining prior arguments to the effect that equality is essentially an empty idea with arguments that treat it as a non‐empty but mistaken value that should be rejected. After concluding that most of the arguments for treating equality as a fundamental value fall victim to one or both of these arguments, it considers more closely arguments made by philosophers such as Ronald (...) Dworkin and Thomas Nagel that base a duty of promoting equality on the fact that governments impose a legal order on persons without their consent. It concludes that these arguments are mistaken: if the legal order imposed by government is justified then imposing it is not wrongful and generates no duty of equal treatment, while if that order is not justified no requirement of equality of treatment would cure the lack of justification. It concludes that equality should not be a value in law or political theory, but in some cases other considerations may justify particular rules that are sometimes mistakenly thought to be based on equality. (shrink)

This article poses two regresses for justification of moral knowledge and discusses three models for moral epistemic infinitism that arise. There are moral infinitisms dependent on empirical infinitism, what are called “piggyback” moral infinitisms. There are substantive empiricist moral infinitisms, requiring infinite chains of descriptive facts to justify normative rules. These empiricist infinitisms are developed either as infinitist egoisms or as infinitist sentimentalisms. And, finally, there are substantive rationalist moral infinitisms, requiring infinite chains of normative reasons to justify moral rules. (...) Rationalist moral infinitism is posed as a mixed view integrating moral intuitions with the demand for justifying reasons. (shrink)

This analysis maps the deepening global crisis and the principles of its resolution by life-value analysis and method. Received theories of economics and justice and modern rights doctrines are shown to have no ground in life value and to be incapable of recognizing universal life goods and the rising threats to them. In response to this system failure at theoretical and operational levels, the unifying nature and measure of life value are defined to provide the long-missing basis for understanding the (...) common interest, human rights and social justice—that is, the universal life necessities of humanity across cultures and the evolving civil commons infrastructures to ensure them. In contrast, the treaty-imposed corporate rights system miscalled “globalization” is structured to predate life means and support systems at all levels with no accountability beyond itself. Only the logic of life value, human rights and life-protective law, it is concluded, can comprehend or govern this inherently life-blind and cumulatively eco-genocidal regime. (shrink)

:Some understand utopia as an ideal society in which everyone would be thoroughly informed by a moral ethos: all would always act on their pure conscientious judgments about justice, and so it would never be necessary to provide incentives for them to act as justice requires. In this essay I argue that such a society is impossible. A society of purely conscientiously just agents would be unable to achieve real justice. This is the Paradox of Pure Conscientiousness. This paradox, I (...) argue, can only be overcome when individuals are prepared to depart from their own pure, conscientious, judgments of justice. (shrink)

The issue of distributive justice receives substantial amount of attention in our society. On the one hand, we are sensitive to whether and the extent to which people are responsible for being worse off. On the other hand, we are mindful of society’s worst-off members. There has been a debate over luck egalitarianism, which relates to the former concern, and relational egalitarianism, which echoes the latter. By investigating the psychological processes of these two concerns, this paper examines the reliability of (...) the argument that Elizabeth Anderson, a renowned relational egalitarian, presents against luck egalitarianism and for relational egalitarianism. It also considers whether it is possible to support luck egalitarianism and relational egalitarianism simultaneously, using an online experiment. The results of the experiment show that, first, for ordinary people, the luck consideration is as important as the basic capabilities consideration. Second, while real people consider the degree of compensation through the factors of causality and responsibility, the lack of basic capabilities directs them to determine how much victims of bad luck should be compensated. This suggests that pluralist egalitarianism is on the right track. (shrink)

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

The first principle of Rawls’s conception of justice secures a set of ‘basic liberties’ equally for all citizens within the constitutional structure of society. The ‘worth’ of citizens’ liberties, however, may vary depending upon their wealth. Against Rawls, Cohen contends that an absence of money often can directly constrain citizens’ freedom and not simply its worth. This is because money often can remove legally enforced constraints on what citizens can do. Cohen’s argument – if modified to apply to citizens’ ‘moral (...) powers’ rather than ‘negative liberty’ – threatens a core feature of Rawls’s conception of justice, as it is unclear why the parties within the ‘original position’ would endorse the lexical priority of the first principle over the ‘difference principle’ if both principles similarly shape citizens’ freedom. I concede Cohen’s point regarding the relation between freedom and money but argue that it is not fatal to Rawls’s conception of justice if the ‘basic needs principle’ is understood to enjoy lexical priority over the first principle and is modified to include a right to adequate discretionary time. Nonetheless, Cohen’s argument helpfully highlights the infelicitous nature of Rawls’s terminology with respect to liberty: the basic needs principle, the first principle and the difference principle all should be understood as shaping citizens’ freedom to exercise their moral powers. (shrink)

This chapter provides a defense of a type of occupational pension, known as “collective defined contribution”, which is based on the idea that it is possible to limit the employer’s liability to nothing more than a set contribution while retaining many of the benefits of the collectivization of risks of a traditional defined benefit pension. CDC can be defended against a freedom-based objection from the right via an appeal to the following Hobbesian voluntarist justification: CDC constitutes a “Leviathan of Leviathans” (...) into which it is rational for workers to choose to associate in order to tame longevity and investment risks. CDC pensions that arise from and mirror existing income inequalities can also be defended against an egalitarian objection from the left, by demonstration that they can be grounded in Rawlsian principles of reciprocity and property-owning democracy. (shrink)

Some moral theorists defend a holistic account of practical reasons and deny that the possibility of moral thought depends upon the existence of moral principles. This article explores the implications of this position for theorising about justice, which has often aspired to provide us with an ordered list of principles to govern our institutions and practices.

Most realist theories of legitimacy are internalist theories, meaning that they regard legitimacy as a function of how subjects view their own rulers. However, some realists seek to qualify their internalism by holding that legitimacy is not simply a matter of whether subjects accept their rulers’ exercise of power. According to one such view, legitimacy requires that rulers’ power be ‘acceptable’ to subjects, in the sense that it can be justified on the basis of values that they accept. Call this (...) acceptability internalism. In this article, I argue that realists should reject acceptability internalism. I first argue that acceptability internalism has the disadvantage of separating the concept of legitimacy from the interests of rulers. I then consider two arguments in favour of acceptability internalism, and argue that both should be rejected. (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)

Do liberal states have a moral duty to admit immigrants? According to what has been called the “conventional view”, this question is to be answered in the negative. One of the most prominent critics of the conventional view is Joseph Carens. In the past 30 years Carens’ contributions to the open borders debate have gradually taken on a different complexion. This is explained by the varying “ideality” of his approaches. Sometimes Carens attempts to figure out what states would be obliged (...) to do under otherwise perfectly just conditions (i.e., he attempts to establish an ideal). At other times, he is more interested in what to do, given the (not fully just) world that we actually live in. In my view, the relevance of the ideal/non-ideal theory debate to the open borders debate (and the ethics of migration more generally) has not yet received sufficient attention. My aim in this paper therefore is to show in detail how Carens’ varying approaches affect his critique of the conventional view. To this effect I analyze three of his papers: “Aliens and Citizens: The Case for Open Borders” (1987), “Realistic and Idealistic Approaches to the Ethics of Migration” (1996), and “Who Should get in? The Ethics of Immigration Admissions” (2003). (shrink)

According to a common view, in a case involving an indivisible good and several potential beneficiaries, who are equal in every relevant respect, there is a non-instrumental reason to allocate the benefit in a way that gives each an equal chance to receive the benefit. In this paper, I argue that this view is incompatible with several plausible and widely held assumptions. I emphasize especially the assumption that the distributive role of chances is secondary to that of benefits in an (...) important sense: the value of allocating chances is related to the ways in which it is possible to allocate the relevant benefits. Specifically, chances should be allocated only when it is impossible or too costly to allocate benefits in accordance with the relative importance of the reasons in favor of allocating the relevant benefit to each potential beneficiary. Given this assumption, I argue that the fact that there is no relation between the distributive concern for chances and other distributive concerns suggests that we should reject the view that chances have a distributive role that is not merely instrumental. (shrink)

Prioritarianism doesn’t value equality as such – any reason to equalize is due to the benefits for the worse off. But some argue that prioritarianism and egalitarianism coincide in their implications for the distribution of education: Equalizing educational opportunities improves the socioeconomic opportunities of the worse off. More specifically, a system that prohibits parents from making differential private educational expenditures would result in greater gains to the worse off than a system that permits these expenditures, all else equal. This article (...) argues that prioritarianism opposes a cap on educational expenditures. The argument, in brief, is that an equalized provision of schooling does a worse job of channeling the partiality of rich families in ways that produce positive spillover for poorer children. My challenge to the prioritarian case for educational equality is an internal one: the very concerns about parental partiality that underlie prioritarian objections to uncapped educational expenditures apply with even greater force to a system that caps educational expenditures. (shrink)

Since its publication in 1971, John Rawls’ A Theory of Justice has defined the terrain of political philosophical debate concerning the principles, scope, and material implications of social justice. Social justice for Rawls concerns the principles that govern the operation of major social institutions. Major social institutions structure the lives of citizens by regulating access to the resources and opportunities that the formulation and realization of human projects require. Rawls’ theory of social justice regards major institutions as just when they (...) distribute what he calls “primary goods” in a manner that he regards as egalitarian. Hence, the subsequent social justice debate has been shaped by and large as a debate about the meaning and implications of egalitarianism. While on the surface a debate about egalitarianism as a distributional principle seems to uncover the core problem of social justice—how much of what everyone should get as a matter of right—the entire history of the debate has been conducted in abstraction fr om what matters most to people’s lives. It is as a corrective to such abstractions that the life-value approach to social justice has been developed. (shrink)

Invoking Zygmunt Bauman’s acute exposition of a left-critical hesitation between intellectuals as saviours and intellectuals as oppressors, this essay argues that while Bauman reveals this hesitation as crucial and symptomatic, nevertheless he leaves it unresolved. The essay shows how the human nature/ culture distinction is, in fact, constitutive of human culture as such; moreover, the essay argues that this constitutive distinction reproduces itself within culture in terms of reciprocal hierarchies of social division — intellectual/non-intellectual, shamanistic/folk, aristocratic/popular. This pattern of vertical (...) reciprocity is precisely what the purely horizontal axis of capitalist-bureaucratic liberalism excludes, collapsing the hierarchical axis of political culture into the horizontal false-binary of ‘left’ versus ‘right’. In this way the essay argues that the crux of an authentic resistance to capitalist-bureaucratic liberalism will involve not a triumph of the ‘left’ over the ‘right’, but the retrieval of the dynamic paradox of the vertical axis of the hierarchical communion of guiding excellence fused with popular spontaneity. The hierarchical yet dynamically educative interplay between innovators and those being constantly innovated is the organic root of human culture and the means of the authentic practice of human justice. (shrink)

G. A. Cohen proposes to eradicate inequality without loss of efficiency or freedom by relying on an egalitarian ethos requiring us to undertake socially useful occupations we would rather not take, and work hard at them, without requesting differential incentive payments. Since the ethos is not legally enforced, Cohen denies it threatens our occupational freedom. Drawing on the work of Joseph Raz, the paper argues that Cohen's proposal threatens our occupational autonomy even if it leaves our legal freedom intact. It (...) also proposes a revised ethos which respects occupational autonomy. (shrink)