The Rawlsian texts appear not to be consistent with regard to the status of the right of freedom of association. Interestingly, Rawls's early work omits mention of freedom of association as among the basic liberties, but in his later work he explicitly includes freedom of association as among the basic liberties. However, freedom of association would appear to have an economic component as well (e.g., the right to form a firm). If one turns to such “private ordering” (e.g., contract, partnership, (...) and corporate law), we find a similar ambiguity in the Rawlsian texts, as well as sharp divisions in the contemporary literature on Rawlsianism. This ambiguity has engendered widespread confusion over the scope of the two principles of justice—leading to the contemporary dispute over the breadth of what Rawls calls the “basic structure” and the question of whether the principles of justice are properly understood to govern private ordering. There is significant disagreement over the breadth of Rawls's basic structure—one aspect is whether the principles of justice apply to the private law. In a controversial passage in Political Liberalism Rawls addresses this question. This passage has, however, led commentators to reach divergent conclusions. We argue that this disagreement is explained by an instructive confusion in the passage over the distinction between what we characterize as “pre-institutional” and “post-institutional” freedom (vis-á-vis contract and property). The passage, we argue, illicitly shifts from invoking the post-institutional sense of “freedom” to the pre-institutional sense, thereby causing significant though understandable disagreement. Rawls's lapse into the pre-institutional conception of “freedom” provides interpretive grounds for the narrow understanding of the basic structure. If Rawls, however, had invoked the sense of “freedom” to which he is entitled at this stage of his theory—the post-institutional conception—such disagreement need not have arisen. (shrink)

There is a basic methodological difference in the way anarchists and non-anarchists think about politics, often more implicit than explicit. Anarchists see politics and justice as being concerns of social institutions, norms, and relations generally – both inside and outside the state. Much of academic political philosophy talks of politics and justice as if they are definitionally concerns about what states should do, or our relationships with each other through the state. In this chapter, we argue that the anarchists are (...) on the right side of this difference. We call the insight that undergirds the anarchists’ understanding of politics and justice “methodological anarchism.” We seek to exorcise the policy framework in favor of methodological anarchism. Indeed, we believe it should be embraced by all political philosophers, not only the anarchists among their ranks. Political philosophers ought to abstain from the policy framework for two reasons. Firstly, it is analytically impoverished inasmuch as, when followed to its logical conclusion, it is unable to engage with enormous areas of analysis that are relevant to what makes a society just or unjust. Secondly, it instills subtle prejudice against other important approaches to mitigating injustice that are unconcerned with public policy. This also carries the danger of lending ideological support for existing injustices and thereby entrenching them. Accepting our critique of the policy framework and adopting methodological anarchism does not necessarily require the acceptance of any kind of substantive political anarchism. But it does mean thinking a bit more like an anarchist about how to make society more just – thus our characterization of it as “methodological.”. (shrink)

:Since the advent of recombinant DNA technology, expectations about the potential for altering genes and controlling our biology at the fundamental level have been sky high. These expectations have gone largely unfulfilled. But though the dream of being able to control our biology is still far off, gene editing research has made enormous strides toward potential clinical use. This paper argues that when it comes to determining permissible uses of gene editing in one important medical context—germline intervention in reproductive medicine—issues (...) about enhancement and eugenics are, for the foreseeable future, a red herring. Current translational goals for gene editing research involve a different kind of editing than would be required to achieve manipulation of complex traits such as intelligence, and there are more pressing questions that need attention if clinical use of gene editing in reproductive medicine ever becomes a possibility. (shrink)

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

This article argues that Rawlsian liberal political institutions are incapable of ensuring that the basic welfare needs of the worst off are met. This argument consists of two steps. First, I show that institutions are incapable of ensuring that the basic needs of the worst off are met without pursuing certain non-taxation-based courses of action that are designed to alter the work choices of citizens. Second, I argue that such actions are not permissible for Rawlsian institutions. It follows that a (...) state governed by a Rawls-type political conception of justice is parasitic on the willingness of citizens to be sufficiently motivated by concern for the worst off, but it cannot require or even encourage them to be so motivated. (shrink)

A minimum voting age is defended as the most effective and least disrespectful means of ensuring all members of an electorate are sufficiently competent to vote. Whilst it may be reasonable to require competency from voters, a minimum voting age should be rejected because its view of competence is unreasonably controversial, it is incapable of defining a clear threshold of sufficiency and an alternative test is available which treats children more respectfully. This alternative is a procedural test for minimum electoral (...) competence. A procedural test for minimum electoral competence also succeeds in fulfilling adults’ duties to promote children’s rational and moral engagement with democracy. A minimum voting age should therefore be rejected, all things considered. A procedural test for minimum literacy and independent voting is the most justified means to ensure competency from voters and to promote the democratic agency of children. (shrink)

Three types of objections have been raised against sweatshops. According to their critics, sweatshops are (1) exploitative, (2) coercive, and (3) harmful to workers. In “The Ethical and Economic Case Against Sweatshop Labor: A Critical Assessment,” Powell and Zwolinski critique all three objections and thereby offer what is arguably the most powerful defense of sweatshops in the philosophical literature to date. This article demonstrates that, whether or not unregulated sweatshops are exploitative or coercive, they are, pace Powell and Zwolinski, harmful (...) to workers. (shrink)

A survey of recent work on egalitarianism.

The feasibility constraint on the concept of justice roughly states that a necessary condition for something to qualify as a conception of justice is that it is possible to achieve and maintain given the conditions of the human world. In this paper, I propose three alternative interpretations of this constraint that could be derived from different understandings of the Kantian formula ‘ought implies can’: the ability constraint, the motivational constraint and the institutional constraint. I argue that the three constraints constitute (...) a sequence in the sense that accepting the motivational constraint presupposes that we accept the ability constraint, and to accept the institutional constraint presupposes that we accept both previous constraints. Adding the possibility of rejecting all three constraints, we get four distinct metatheoretical positions that theorists could take vis-à-vis the feasibility constraint on justice. (shrink)

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

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

This article examines G. A. Cohen’s endorsement of a hybrid ethical theory and its relationship to his critique of John Rawls’s egalitarian liberalism. Cohen claimed that Rawls’s appeal to special incentives was a distortion of his own difference principle. I argue that Cohen’s acceptance of a personal prerogative (the central element of Samuel Scheffler’s version of a hybrid ethical theory) has several untoward consequences. First, it illuminates how any reasonable challenge to Rawls’s liberalism must recognise Thomas Nagel’s arguments concerning the (...) problems that arise when one attempts to implement a political theory analogous to a hybrid theory of ethics. Second, it undermines Cohen’s critique of Rawls. Third, it undermines the plausibility of Cohen’s ethos-driven social egalitarianism. The article concludes that, despite Nagel’s concerns, the most plausible form of egalitarianism—one that can accommodate the requirements of a hybrid ethical theory—will be Rawlsian, rather than Cohen’s ethos-based system. (shrink)

G.A. Cohen famously claims that egalitarians shouldn’t be so rich. If you possess excess income and there is little chance that the state will redistribute it to the poor, you are obligated to donate it yourself. We argue that this conclusion is correct, but that the case against the rich egalitarian is significantly stronger than the one Cohen offers. In particular, the standard arguments against donating one’s excess income face two critical, unrecognized problems. First, we show that these arguments imply (...) that citizens have no duty to further egalitarian political institutions—a conclusion that Cohen’s Rawlsian opponents cannot abide. Second, these arguments yield unacceptable implications for other questions of justice. We conclude that even moderately rich egalitarians are obligated to donate their excess income. (shrink)

Cet article clarifie le statut de l’entreprise par rapport à la structure de base rawlsienne. Ce statut est ambigu, du fait d’incertitudes liées à la conception rawlsienne de l’entreprise ainsi qu’à sa définition de la structure de base. L’article identifie deux représentations principales de l’entreprise chez Rawls : l’une inclusiviste, qui définit l’entreprise comme une entité ontologiquement distincte de la structure de base ; l’autre constitutiviste, qui l’appréhende comme une institution susceptible d’appartenir à la structure de base. L’article recense ensuite (...) différentes interprétations de la structure de base avant d’en proposer une plus large, y intégrant notamment certaines structures informelles. Articulée à la conception institutionnaliste de l’entreprise, cette définition large de la structure de base débouche sur une représentation constitutiviste étendue de l’entreprise, permettant ainsi au libéralisme égalitaire de considérer cette dernière d’un œil plus critique. (shrink)

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We formulate a distinctly ‘political liberal’ conception of mutual respect, which we call ‘civic respect’, appropriate for governing the public political relations of citizens in pluralist democratic societies. A political liberal account of education should aim at ensuring that students, as future citizens, learn to interact with other citizens on the basis of civic respect. While children should be required to attend educational institutions that will inculcate in them the skills and concepts necessary for them to be free and equal (...) citizens, parents should be granted as much freedom as is compatible with the requirements of civic respect to raise their children in accordance with their respective ‘comprehensive doctrines’ (systems of beliefs and values, including religious doctrines). We consider an objection to our position drawn from the account of upbringing recently advanced by Matthew Clayton, namely, that the conception of civic respect that we advance rests on an implausible view about the limited scope of the requirements of political justice. We develop an account of the ‘basic structure of society’ as the appropriate subject of political justice that can overcome this objection. (shrink)

In this paper, I set out to defend the claim that a central principle in democratic theory, the all-subjected principle, applies not only when one is subject to a rule by a state but also when one is subject to a rule by a ‘non-state’ unit. I argue that self-government is the value underlying the all-subjected principle that explains why a subjected individual should be included because she is subjected. Given this, it is unfounded to limit the principle to the (...) state, as subjection which threatens self-government occurs in non-state units such as corporations and families. This means that following the all-subjected principle surprisingly implies that we ought to have family and workplace democracy. (shrink)

My claim is that despite powerful arguments to the contrary, a coherent moral distinction between the jus in bello code and the jus ad bellum code can be sustained. In particular, I defend the traditional just war doctrine according to which the independence between the in bello and ad bellum codes reflects the moral equality between just and unjust combatants and between just and unjust non-combatants. In order to establish this, I construe an in bello proportionality condition which can be (...) satisfied by just and unjust combatants alike. (shrink)

The moral right to act in self-defense seems to be unproblematic: you are allowed to kill an aggressor if doing so is necessary for saving your own life. Indeed, it seems that from the moral standpoint, acting in self-defense is doing the right thing. Thanks, however, to works by George Fletcher and Judith Thomson, it is now well known how unstable the moral basis of the right to self-defense is. We are in the dark with regard to one of the (...) most basic problems raised by this right, namely: the problem of the innocent aggressor. The disturbing question is simple enough: Is a potential victim allowed to kill, in self-defense, a morally innocent aggressor? (shrink)

Those who wish to abolish or restrict the use of non-human animals in so-called factory farming and/or experimentation often argue that these animal use practices are incommensurate with animals’ moral status. If sound, these arguments would establish that, as a matter of ethics or justice, we should voluntarily abstain from the immoral animal use practices in question. But these arguments can’t and shouldn’t be taken to establish a related conclusion: that the moral status of animals justifies political intervention to disallow (...) or significantly diminish factory farming and animal experimentation. In this paper, we set out to do two things: First, we argue that while the arguments mentioned above may establish the moral impermissibility or injustice of the practices they condemn, they are not sufficient to justify political interventions or social policies to abolish or restrict such practices. It is one thing to argue that some moral imperative or imperative of justice exists, and quite another thing to call for the use of political power to induce compliance with that imperative. Our second task is to assess the prospects for developing an argument that is sufficient to justify political interventions to restrict or abolish the use of non-human animals in factory farming or experimentation. Beyond establishing the immorality or injustice of animal consumption or experimentation, one must show that the interventions in question constitute legitimate use of political power. Would prohibiting or discouraging animal use be legitimate? We attempt to answer this question within the context of fundamental liberal constraints on the legitimate use of coercive political power. (shrink)

School boosters are tax-exempt organizations that engage in fundraising efforts to provide public schools with supplementary resources. This paper argues that prevailing forms of school boosting are defeasibly unjust. Section 1 shows that inequalities in public education funding in the United States violate John Rawls’s two principles of domestic justice. Section 2 argues that prevailing forms of school boosting exacerbate and plausibly perpetuate these injustices. Section 3 then contends that boosting thereby defeasibly violates Rawlsian principles of nonideal theory for rectifying (...) injustice. Thus, boosting should be presumptively either made illegal or substantially reformed. Finally, Section 4 responds to potential objections. (shrink)

In the liberal egalitarian literature, the concept of talent is inflected according to its use in broader arguments surrounding the nature of justice. In particular, sometimes talent is understood as a desirable inborn property, while at other times it is understood as a matter of inhabiting a favorable social position. Rawls’s arguments in A Theory of Justice provide useful expressions of these two very different conceptions of talent and their relationship to justice, and much of this paper involves an exploration (...) of those arguments. The former sense of talent informs Rawls’s fair equality of opportunity principle: those with equivalent levels of talent and effort are to face similar prospects. According to the latter, what is significant about talent is not its innate origins, but rather its enabling the possession of desirable goods. This second sense of talent is implicit in Rawls’s difference principle: though it is arbitrary that the talented have the ability to command high wages, it is nonetheless fair to keep those wages because the worst off benefit most from that arrangement. In this paper I explore how the two conceptions of talent operate in these influential arguments, with the broader aims of clarifying the nature of talent and its relevance to social justice. (shrink)

In the liberal egalitarian literature, the concept of talent is inflected according to its use in broader arguments surrounding the nature of justice. In particular, sometimes talent is understood as a desirable inborn property, while at other times it is understood as a matter of inhabiting a favorable social position. Rawls’s arguments in A Theory of Justice provide useful expressions of these two very different conceptions of talent and their relationship to justice, and much of this paper involves an exploration (...) of those arguments. The former sense of talent informs Rawls’s fair equality of opportunity principle: those with equivalent levels of talent and effort are to face similar prospects. According to the latter, what is significant about talent is not its innate origins, but rather its enabling the possession of desirable goods. This second sense of talent is implicit in Rawls’s difference principle: though it is arbitrary that the talented have the ability to command high wages, it is nonetheless fair to keep those wages because the worst off benefit most from that arrangement. In this paper I explore how the two conceptions of talent operate in these influential arguments, with the broader aims of clarifying the nature of talent and its relevance to social justice. (shrink)

Many anticosmopolitan Rawlsians argue that since the primary subject of justice is society's basic structure, and since there is no global basic structure, the scope of justice is domestic. This paper challenges the anticosmopolitan basic structure argument by distinguishing three interpretations of what Rawls meant by the basic structure and its relation to justice, corresponding to the cooperation, pervasive impact, and coercion theories of distributive justice. On the cooperation theory, it is true that there is no global basic structure, but (...) the basic structure turns out to be only an instrumental condition for realizing justice, and not an existence condition that must be met before demands of justice arise. On the pervasive impact and coercion theories, the basic structure is indeed an existence condition, but there exists a global basic structure. The upshot is that on any plausible interpretation of Rawls's account of the basic structure, Rawlsian justice is global in scope. (shrink)

A central feature of experimental development economics is the use of randomized controlled trials (RCTs) to evaluate the effectiveness of prospective socioeconomic interventions. The use of RCTs in development economics raises a host of ethical issues which are just beginning to be explored. In this article, I address one ethical issue in particular: the routine use of the status quo as a control when designing and conducting a development RCT. Drawing on the literature on the principle of standard care in (...) medical research ethics, as well as considerations of distributive justice in non-ideal circumstances, I argue that the practice of using the status quo as a control is ethically justifiable. However, I add an important qualification based on the natural duty of rescue to address the concern that my account is overly permissive. (shrink)

Mere inability, which refers to what persons are naturally unable to do, is traditionally thought to be distinct from unfreedom, which is a social type of constraint. The advent of biomedical enhancement, however, challenges the idea that there is a clear division between mere inability and unfreedom. This is because bioenhancement makes it possible for some people’s mere inabilities to become matters of unfreedom. In this paper, I discuss several ways that this might occur: first, bioenhancement can exacerbate social pressures (...) to enhance one’s abilities; second, people may face discrimination for not enhancing; third, the new abilities made possible due to bioenhancement may be accompanied by new inabilities for the enhanced and unenhanced; and finally, shifting values around abilities and inabilities due to bioenhancement may reinforce a pre-existing ableism about human abilities. As such, we must give careful consideration to these potential unfreedom-generating outcomes when it comes to our moral evaluations of bioenhancement. (shrink)

Morality is demanding; this is a platitude. It is thus no surprise when we find that moral theories too, when we look into what they require, turn out to be demanding. However, there is at least one moral theory – consequentialism – that is said to be beset by this demandingness problem. This calls for an explanation: Why only consequentialism? This then leads to related questions: What is the demandingness problematic about? What exactly does it claim? Finally, there is the (...) question of what we do if we accept that there is a demandingness problem for consequentialism: How can consequentialists respond? The present chapter sets out to answer these questions (or at least point to how they could be answered). (shrink)

Richard Arneson argues that Fair Equality of Opportunity should be rejected, since it is not only too weak and too strong, but also problematically meritocratic. The paper aims to defend FEO, and argues that it is not too weak, since, pace Arneson, it does apply to the problem of stunted ambition. The argument from meritocracy is shown to be based on a conflation of different senses of meritocracy. Finally, it is shown that FEO, correctly interpreted, gives intuitive answers to the (...) examples put forward to bolster the too strong charge. It is concluded that Arneson’s refutation of FEO fails. (shrink)

John Rawls famously holds that the basic structure is the 'primary subject of justice.'1 By this, he means that his two principles of justice apply only to a society's major political and social institutions, including chiefly the constitution, the economic and legal systems, and (more contentiously) the family structure.2 This thesis — call it the basic structure restriction — entails that the celebrated difference principle has a narrower scope than one might have expected. It doesn't apply directly to choices that (...) individuals make within the basic structure. Individuals can live up to the demands of justice simply by obeying whatever rules are set by, and by doing what is necessary to sustain, the basic .. (shrink)

Institutions, if unjust, ought to be reformed or even abolished. This radical Rawlsian thought leads to the question of whether the family ought to be abolished, given its negative impact on the very possibility of delivering equality of life chances. In this article, we address questions regarding the justice of the family, and of marriage, and reflect on rights, equality, and the provision of social goods by institutions. There is a temptation to justify our social institutions in terms which highlight (...) their universal accessibility and benefits. But we may best understand the claim of some of our most important institutions where we recognize that they are forms of social good which may legitimately benefit some without having to benefit all. Their abolition is unjustified where there is sufficient value in them given our collective needs that it is unreasonable for some to refuse the means to maintain and promote these goods. (shrink)

Principles of distributive justice are normative principles designed to guide the allocation of the benefits and burdens of economic activity.

This chapter describes a philosophical approach to theorizing justice, mapping out some main strands of the tradition leading up to contemporary political philosophy. We first briefly discuss what distinguishes a philosophical approach to justice from other possible approaches to justice, by explaining the normative focus of philosophical theories of justice – that is, a focus on questions not about how things actually are, but about how things ought to be. Next, we explain what sorts of methods philosophers use to justify (...) theories of justice. Following this, in the longest section, we highlight major questions about justice that have drawn the attention of philosophers, and indicate how competing conceptions of justice have arisen from differing answers to these questions. The goal here is not to answer but to elucidate some of the larger questions about justice, as well as to establish a framework for understanding and distinguishing different kinds of claims about justice and some of the relations between them. (shrink)

This chapter describes how philosophical theorizing about justice can be connected with empirical research in the social sciences. We begin by drawing on some received distinctions between ideal and non-ideal approaches to theorizing justice along several different dimensions, showing how non-ideal approaches are needed to address normative aspects of real-world problems and to provide practical guidance. We argue that there are advantages to a transitional approach to justice focusing on manifest injustices, including the fact that it enables us to set (...) aside some reasonable disagreements about justice. The ‘bottom-up’ approach we advocate, for which we borrow Wolff’s term ‘real-world political philosophy’, is an empirically-informed normative analysis that attends to specific, identifiable injustices, and thus is partial, though not isolationist. We illustrate our approach by considering how different models of the nature of disability suggest different kinds of remedy for injustices faced by persons living with disabilities. We reflect on the nature and significance of vulnerabilities, and we assess the role of public opinion in normative theorizing, suggesting a particular significance for the opinions and experiences of marginalized groups. We finally reflect on the relevance of European legal and institutional frameworks for theorizing justice in Europe. (shrink)

This chapter discusses how justice applies to public health. It begins by outlining three different metrics employed in discussions of justice: resources, capabilities, and welfare. It then discusses different accounts of justice in distribution, reviewing utilitarianism, egalitarianism, prioritarianism, and sufficientarianism, as well as desert-based theories, and applies these distributive approaches to public health examples. Next, it examines the interplay between distributive justice and individual rights, such as religious rights, property rights, and rights against discrimination, by discussing examples such as mandatory (...) treatment and screening. The chapter also examines the nexus between public health and debates concerning whose interests matter to justice (the “scope of justice”), including global justice, intergenerational justice, and environmental justice, as well as debates concerning whether justice applies to individual choices or only to institutional structures (the “site of justice”). The chapter closes with a discussion of strategies, including deliberative and aggregative democracy, for adjudicating disagreements about justice. (shrink)

A growing proportion of clinical research funded by pharmaceutical companies, high-income country research agencies, and not-for-profit funders is conducted in low- and middle-income settings. Disparities in wealth and access to healthcare between the populations where new interventions are often tested and those where many of them are ultimately marketed raise concerns about exploitation. This chapter examines several ethical requirements frequently advanced as mechanisms for protecting research subjects in underserved communities from exploitation and evaluates the effectiveness of those mechanisms as responses (...) to exploitation worries. It goes on to highlight where the conceptual frameworks relied upon by research ethicists must be improved if we are to fully understand the nature of the moral claims and obligations that arise in research conducted in underserved communities. (shrink)

Interest in just war theory has boomed in recent years, as a revisionist school of thought has challenged the orthodoxy of international law, most famously defended by Michael Walzer [1977]. These revisionist critics have targeted the two central principles governing the conduct of war (jus in bello): combatant equality and noncombatant immunity. The first states that combatants face the same permissions and constraints whether their cause is just or unjust. The second protects noncombatants from intentional attack. In response to these (...) critics, some philosophers have defended aspects of the old orthodoxy on novel grounds. Revisionists counter. As things stand, the prospects for progress are remote. In this paper, we offer a way forward. We argue that exclusive focus on first-order moral principles, such as combatant equality and noncombatant immunity, has led revisionist and orthodox just war theorists to engage in “proxy battles.” Their first-order moral disagreements are at least partly traceable to second-order disagreements about the nature and purpose of political theory. These deeper disputes have been central to the broader discipline of political theory for several years; we hope that bringing them to bear on the ethics of war will help us move beyond the present impasse. (shrink)

Pour les tenants de l’égalitarisme du maximin, le contexte intergénérationnel constitue un triple défi. Primo, ce que requiert le maximin intergénérationnel ne se confond-il pas avec l’interdiction de la désépargne posée par une conception commutative de la justice comme réciprocité indirecte? Secundo, ne sommes-nous contraints de prendre au sérieux, plus qu’ailleurs, les préoccupations aggrégatives des utilitaristes afin d’éviter une « stagnation éternelle dans la misère » et ainsi de renoncer au maximin? Tertio, n’est-ce pas un contexte où égalitarisme et maximin (...) ne diffèrent pas dans leurs conséquences pratiques? L’A. répond par la négative aux trois questions. Il montre en particulier en quoi l’égalitarisme du maximin s’écarte d’une règle de non-désépargne. Il indique la manière dont il importe de penser la justice entre générations de manière proprement distributive et il examine la manière dont le défi « aggrégatif » peut être relevé. (shrink)

Justice and Vulnerability in Europe contributes to the understanding of justice in Europe from both a theoretical and empirical perspective. It shows that Europe is falling short of its ideals and justice-related ambitions by repeatedly failing its most vulnerable populations. Interdisciplinary and expert contributors search for the explanations behind these failing ambitions, through analysis of institutional discourse, legal debate and practice and the daily experiences of vulnerable populations, such as those dependent on social care and welfare. By setting tentative criteria (...) for justice as 'participatory parity', in line with the insights of the political philosopher Nancy Fraser, the book challenges European policy makers to re-define redistributive, recognitive and representative justice. (shrink)

European Journal of Philosophy, EarlyView.

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It has long been taken for granted that clinical research involving human subjects is ethical only if it holds out the prospect of producing socially valuable knowledge. Recently, this social value requirement has come under scrutiny, with prominent ethicists arguing that the social value requirement cannot be substantiated as an ethical limit on clinical research, and others attempting to offer new support. In this paper, I argue that both criticisms and existing defenses of the social value requirement are predicated on (...) what I call the “transactional model of stakeholder obligations”. I go on to problematize this framework, and to introduce an alternative framework for conceptualizing ethical obligations within clinical research. In defending this framework, which I call the “basic structure model of stakeholder obligations”, I also demonstrate how it provides a stronger grounding for the social value requirement that is not vulnerable to critiques grounded in the transactional model. (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)

Principles of distributive justice bind macro-level institutional agents, like the state. But what does justice require in non-ideal circumstances, where institutional agents are unjust or do not e...

Shirking, the act of avoiding the demands of one’s job, is generally seen as unethical. Drawing on empirical evidence from the sociology of work, I develop a normative conception of shirking as a form of worker resistance against illegitimate managerial power. In doing so, I present a new approach to the political theory of the firm, which is more adversarial and agent-centered than available alternatives. It is more adversarial as it recognizes the political value of counterproductive and disruptive behavior in (...) capitalist firms. It is more agent-centered because it theorizes the firm from the perspective of workers, asking what pro tanto reasons they have to shirk. I show that shirking under the structural domination of capitalism has diagnostic, agential, and epistemic values. The paper contributes to the wider methodological ambition to tailor political theorizing to the positionality of social actors, by shifting attention from the institutional design of the firm to the methods of worker resistance. (shrink)

There is something intuitively correct about singling out emergency workers for legal protection, and for criminalizing not just assault, but obstruction. Moreover, at least one sophisticated theory of right and wrong – Scanlon’s—indicates some deep reasons for endorsing these intuitions. After applying Scanlon’s theory in the relevant way, I want to argue that the same grounds it provides for recent Scottish legislation and UK sentencing guidelines can also be given for punishing more seriously offences that current English law trivialises.