Rawls argues that ‘Parties in the original position would wish to avoid at almost any cost the social conditions that undermine self-respect’. But what are these social conditions that we should so urgently avoid? One evident candidate might be conditions of material inequality. Yet Rawls seems confident that his account of justice can endorse such inequalities without jeopardising citizens’ self-respect. In this article I argue that this confidence is misplaced. Unequalising incentives, I claim, jeopardise the self-respect of those least advantaged—at (...) least under a Rawlsian schema—by undermining the very processes by which Rawls hopes to make distributional inequalities and self-respect compatible. I begin by setting out Rawls’s distinct account of self-respect before moving to describe how Rawls expects the difference principle to support citizens’ in this regard. I then draw upon GA Cohen’s distinction between ‘strict’ and ‘lax’ interpretations of the difference principle to argue that the presence of unequalising incentives undermines both the direct and indirect support that the difference principle can offer to citizens’ self-respect. As such, I claim that Rawls must either weaken his endorsement of unequalising incentives, or risk violating his ‘prior commitment’ to avoiding social conditions harmful to citizens’ self-respect. (shrink)

This essay is about the moral and political justification of affirmative action programs in the United States. Both legally and politically, many of these programs are under attack, though they remain ubiquitous. The concern of this essay, however, is not with what the law says but with what it should say. The main argument advanced in this essay concludes that most of the controversial affirmative action programs are unjustified. It proceeds in a way that avoids dependence on controversial theories of (...) justice or morality. My intention is to produce an argument that is persuasive across a broad ideological spectrum, extending even to those who believe that justice requires these very programs. Though the main focus of the essay is on affirmative action, in the course of making the case that these programs are illegitimate, I shall defend some principles about the conditions under which it is appropriate for the state to impose on civil society the demands of justice. These principles have broader implications for a normative theory of social change in democratic societies. (shrink)

Rawlsian liberalism is best understood and defended on the basis of a concrete but widely shared ideal of the person as a rational agent capable of normative self?determination in the proper political and economic conditions. In Rawls? recent works, this neo?Kantian ideal of free moral personality is no longer understood as a requirement of rational or moral agency as such, but is a concrete historical ideal or meta?value presupposed by the living tradition of liberal?democratic judgment and practice, which reason can (...) recover through a critical reflection upon this tradition. Read in this way, Rawls? theory of social justice articulates a quite powerful, rational, concrete, historical, and social dimension of modern political identity, which the critics of liberalism cannot plausibly deny. But there are other rival, powerful bourgeois?individualist and patriarchal ideals of personhood, equally rooted in modern political judgments and practices, which Rawlsian liberalism ignores, and which taken together generate the social tensions, instabilities, and conflicts of social justice characteristic of modern liberal?democratic society. Rawlsian theory and liberal political thought requires but essentially lacks a conception of moral reason adequate to comprehend and mediate these normative incoherences built into modern Western political identity. A larger more adequate paradigm of moral reason and political theory is required to overcome these deficiencies. (shrink)

:Corporations cannot exist, scholars rightly note, without being constituted by government. However, many take a further step, claiming that corporations are normatively distinct from other market actors because of this governmental provenance. They are mistaken. Like corporations, markets and contracts also require government for their creation. Governmental provenance does not distinguish corporations normatively because our coercive social institutions are pro tanto justified in re-arranging both corporate and non-corporate market activities on behalf of social and political values. The corporation is distinct (...) only practically and prudentially, in that it represents a more proximate instrument for effecting morality in the economy. (shrink)

My article discusses the character of Marla, the narrator’s lover, in the film Fight Club. Her only option, within the terms of the film’s logic, I argue, is to define her worth derivatively, by association with the narrator. Fight Club, then, despite its somewhat self-effacing attitude about the rejuvenation of masculinity that it portrays, reinforces a familiar patriarchal story: men’s sense of worth lies in their joint world-making activities. Women’s sense of worth lies in their attachment to individual men who (...) undertake these activities. My main argument builds upon three preliminary discussions. The first is a brief outline of the contours of the concept of self-respect. The second is an analysis of the links between gender, personhood and the grounds of self-respect. The third is an account of my approach to interpreting Fight Club given its many layers of irony. Drawing on these preliminary discussions, I examine two interpretations of the film’s social commentary— what I call the “gender-neutral” and the “gender-specific” interpretations. I show that on both of these readings the film implies that Marla, as a woman, must regain her self-respect through an intimate relationship with the narrator. (shrink)

ABSTRACT:This paper re-examines the import of Rawls’s theory of justice for private sector institutions in the face of the decline of the welfare state. The argument is based on a Rawlsian conception of justice as the establishment of a basic structure of society that guarantees a fair distribution of primary goods. We propose that the decline of the welfare state witnessed in Western countries over the past forty years prompts a reassessment of the boundaries of the basic structure in order (...) to include additional corporate institutions. A discussion centered on the primary good of self-respect, but extensible to power and prerogatives as well as income and wealth, examines how the legislator should intervene in private sector institutions to counterbalance any unfairness that results from the decline of the welfare state. (shrink)

This essay critically examines thenon-essentialist and anti-deterministicphilosophy of technology developed in the workof Andrew Feenberg. As I interpret the work,Feenberg achieves an important``demystification'''' of technology. His analysispeels away the facade of ironclad efficiency,rationality, and necessity that permeates ourexperience of technology. Through theoreticalargument and rich examples, he illuminated thecontingent interests, values, meanings, andvoices that are built into specifictechnologies, often by experts. He shows howtechnology is transformed by lay actors whochallenge its design on behalf of a wideragenda of interests, values, meanings andvoices. (...) My critique focuses on Feenberg''sattempt to argue from his demystification oftechnology to the full democratization of alltechnical design and decision-making. I arguethat Feenberg''s framework lacks the ethicalresources required both to (1) justify thedemocratization of technical decisions, andmore basically, (2) to determine when laychallenges to technology do and when theydon''t, advance democratic ideals, and why. Itrace these problems to ethical inadequacies inhis notions of interests, democratization, andan alternative modernity. A sub-theme of myargument is that our society''s Lockeanmorality of property rights and market freedomsposes fundamental ethical objections to hisphilosophy of technology with which it isill-equipped to deal. (shrink)

In recent work, Rawls, Nozick, and the ?democratic?socialist? theory of Markovi? and Gould, attempt to ground rival models of just economic relations on the basis of conflicting interpretations of human freedom. Beginning with a philosophical conception of humans as essentially free beings, each derives a different system of basic rights and freedoms: (1) the familiar democratic civil and political rights of citizenship in the West (Rawls); (2) the classical bourgeois market freedoms ? ?life, liberty, and property? (Nozick); and (3) democratic (...) socialist rights of self?management of the work?place (Gould and Markovi?). I argue that each of these theorists implicitly assumes a different but ungrounded ?social paradigm of human agency? concerning the particular forms of human choice which are singled out as most important for a free, human life. None of these theories contains the methodological resources for showing why the forms of human agency it ?emancipates? are more important than the forms it suppresses or ignores. In order to overcome this impasse and provide a way of evaluating such rival paradigms of free agency, I elaborate a methodology based on the idea that a free society must provide its members with ?equality in the social bases of self?respect?. I use this methodology to argue that all three of the above conceptions are blind to problems of human agency, freedom, and dignity posed by the modern phenomena of welfare dependency, unemployment, and a self?stultifying division of labor. (shrink)

This article asks whether firms should exempt employees when they object to elements of their work that go against their conscience. Fairness requires that we follow the rules of an organization we have joined voluntarily only if these rules express mutual advantage. In corporations, I argue that subordination and exemption provides for mutual advantage better than subordination plus right of exit. This is because agents want to protect their conscientious convictions, even in hierarchical organizations geared towards efficient preference satisfaction. Thus (...) exemptions should be granted in unforeseeable circumstances, provided the costs are limited. (shrink)