It has become accepted that social choice is impossible in the absence of interpersonal comparisons of well-being. This view is challenged here. Arrow obtained an impossibility theorem only by making unreasonable demands on social choice functions. With reasonable requirements, one can get very attractive possibilities and derive social preferences on the basis of non-comparable individual preferences. This new approach makes it possible to design optimal second-best institutions inspired by principles of fairness, while traditionally the analysis of optimal second-best institutions was (...) thought to require interpersonal comparisons of well-being. In particular, this approach turns out to be especially suitable for the application of recent philosophical theories of justice formulated in terms of fairness, such as equality of resources. (shrink)

In der vorliegenden Arbeit wird eine normative Analyse und Verteidigung der Erbschaftssteuer unternommen. Zunächst wird eine egalitaristische Argumentation für die Steuer entfaltet. Aufgrund ihrer progressiven Struktur ist die Erbschaftssteuer ein geeignetes Instrument, um der wachsenden ökonomischen Ungleichheit entgegenzuwirken und letztlich verschiedene egalitäre Ideale (politische Gleichheit, Chancengleicheit etc.) zu befördern. Anschließend wird untersucht, wie aus normativer Perspektive zu beurteilen ist, dass der Erblasser bei Erhebung der Steuer nicht mehr lebt. Die restliche Arbeit besteht in einer Auseinandersetzung mit den wichtigsten Einwänden gegen (...) die Erbschaftssteuer. So wird oft behauptet, diese verletze die natürlichen Eigentumsrechte des Erblassers bzw. des Erben und sie ignoriere zudem die Verdienstansprüche des Erblassers. Schließlich sei die Steuer aus diversen "familien-basierten" Erwägungen abzulehnen. Nicht nur werden diese Einwände erfolgreich zurückgewiesen; ferner wird gezeigt, dass einige der, diesen Argumenten zugrundeliegenden, Prinzipien selbst zur Verteidigung einer egalitären Erbschaftssteuer (also einer Erbschaftssteuer, die aus egalitären Prinzipien folgt) herangezogen werden können. (shrink)

Artificial intelligence tools used in employment decision-making cut across the multiple stages of job advertisements, shortlisting, interviews and hiring, and actual and potential bias can arise in each of these stages. One major challenge is to mitigate AI bias and promote fairness in opaque AI systems. This paper argues that the equal opportunity merit principle is an ethical approach for fair AI employment decision-making. Further, explainable AI can mitigate the opacity problem by placing greater emphasis on enhancing the understanding of (...) reasonable users and affected persons as to the AI output. Both the equal opportunity merit principle and explainable AI should be integrated in the design and implementation of AI employment decision-making systems so as to ensure, as far as possible, that the AI output is arrived at through a fair process. (shrink)

In recent years the view that the non-instrumental value of democracy is a relational value, particularly relational equality, gained prominence. In this paper I challenge this relational egalitarian version of non-instrumentalism about democracy’s value by arguing that it is unable to establish a strong enough commitment to democracy. I offer an alternative view according to which democracy is non-instrumentally valuable for it establishes relationships of mutual service among citizens by enlisting them in the collective project of ruling the polity justly (...) together which is a self-standing source of value for them. Relating in the mode of mutual service is not a species of relating as equals; it is a distinct relational value. Democracy is uniquely suited to realize this relational value, for it renders citizens co-authors of the fundamental rules of the system of social cooperation under which they live, and only as co-authors of these rules are they able to mutually serve each other in a way that is appropriate within their relationship as citizens of the same polity. For this reason, a strong commitment to democracy can be based on the relational value of mutual service, which therefore better fits the theoretical purposes of non-instrumentalism than relational equality. (shrink)

Resumen En 1976, Nagel y Williams presentaron -en una reunión de la Aristotelian Society- dos célebres textos dirigidos a exhibir el desafío que el azar y la fortuna representan para la imputación kantiana de responsabilidad moral. Desde entonces han proliferado cientos de artículos centrados en analizar este dilema. Dicho debate, no obstante, rara vez es situado al interior del análisis de las implausibles y falsas premisas que dan lugar a él. En este trabajo reconstruyo las coordenadas centrales en las que (...) esta problemática filosófica se origina. Posteriormente muestro que la imputación de responsabilidad ética a un agente no sólo no excluye, sino incluso presupone, lo que llamaré una capacidad impura de agencia donde la suerte ocupa un lugar central.In 1976, Nagel and Williams presented -at the congress of the Aristotelian Society- two famous texts aimed at exposing the challenge that chance and fortune represent for moral thought. Since then, hundreds of articles have proliferated in the literature focused on analyzing this dilemma. This debate, however, is rarely situated within the analysis of the implausible and false premises that give rise to it. In this paper I reconstruct the central coordinates in which this philosophical problem originates. Later, I show that imputation of ethical responsibility to an agent not only does not exclude, but even presupposes, what I will call an impure capacity for agency where luck occupies a central place. (shrink)

Political egalitarians tend to defend equal distributions of voting power at specific times, as in ‘one election, one vote’. Appealing as it is, the principle seems incompatible with distributing power proportionally to the stakes voters have at different elections, as in ‘one stake, one vote’. This article argues that the tension above stems from the temporal scope ascribed to political equality, as at specific moments of democratic decision-making instead of over entire lives. More specifically, ascribing a lifetime view to political (...) equality renders equality compatible with proportionality at different elections. I first show that storable votes differ from standard votes in their distinctive commitment to lifetime political equality. I then argue that storable voting schemes are compatible with three key reasons to value political equality: equal consideration of interests, relational equality, and non-domination. Finally, storable votes are also consistent with proportionality at specific times. I conclude that the neglected idea of lifetime political equality can, through storable votes, deliver proportionality without inequality. (shrink)

This essay demonstrates, and critiques, the pervasiveness of economic assumptions in the jurisprudence of privacy in US constitutional law as it extends from birth control and abortion rights to the so-called right to die. Finding in these cases metaphors of neoliberal productive practices and the assumption of the self as human capital, the self understood as a site of investment rather than a repository of worth, the essay brings privacy law into conversation with Kristin Luker's empirical work on abortion politics (...) and teenage pregnancy. The essay does not treat the right to die as a moral or political problem to be resolved, but is instead interested in the revelatory character of the jurisprudence of privacy — namely, in what it can tell us about the contemporary political economic order. Are recent developments in contemporary political economy, in the emerging neoliberal order, potentially illiberal? (shrink)

In this paper, I offer a solution to the Capacity/Equality Puzzle. The puzzle holds that an account of the franchise may adequately capture at most two of the following: (1) a political equality-based account of the franchise, (2) a capacity-based account of disenfranchising children, and (3) universal adult enfranchisement. To resolve the puzzle, I provide a complex liberal egalitarian justification of a moral requirement to disenfranchise children. I show that disenfranchising children is permitted by both the proper political liberal and (...) the proper political egalitarian understandings of the relationship between cognitive capacity and the franchise. Further, I argue, disenfranchising children is required by a minimalistic, procedural principle of collective competence in political decision-making. At the same time, I show that political equality requires the enfranchisement of all adults, regardless of cognitive capacities, and that the collective competence principle does not ground adult disenfranchisement. This justifies the progressive legal trend that holds the capacity-based disenfranchisement of adults to be incompatible with liberal democratic principles. (shrink)

In recent work, Joseph Fishkin has helpfully enriched understandings of equality of opportunity as a feature of distributive justice schemes. One branch of his argument focuses upon the degree to which ‘merit’, as a function of talent and effort, is conceptually and practically vexing for these goals. While Thompson is in general agreement with the direction of Fishkin’s critiques and new offerings, in this article he extends and strengthens Fishkin’s analysis of talent, specifically focusing upon its role as a defensible (...) criterion for access to developmentally useful educational opportunities.Developing an account sympathetic to Fishkin’s contributions, Thompson provides a limited defense of talent as a morally relevant criterion for access to some educational opportunities. Of course, Thompson acknowledges that this relevance is not absolute and, therefore, points towards reasons why talent enjoys only this occasionally relevant status in relation to educational opportunities and what systemic issues ought to be avoided as a result. (shrink)

The advent of artificial intelligence (AI) challenges political theorists to think about data ownership and policymakers to regulate the collection and use of public data. AI producers benefit from free public data for training their systems while retaining the profits. We argue against the view that the use of public data must be free. The proponents of unconstrained use point out that consuming data does not diminish its quality and that information is in ample supply. Therefore, they suggest, publicly available (...) data should be free. We present two objections. First, allowing free data use promotes unwanted inequality. Second, contributors of information did not and could not anticipate that their contribution would be used to train AI systems. Therefore, charging for extensive data use is pro tanto permissible and desirable. We discuss policy implications and propose a progressive data use tax to counter the inequality arising. (shrink)

In the last few decades, residency in some of the world’s desired destination cities has become a privilege, as housing supply has not kept pace with population growth. This has led to a significant rise in housing prices and consequently to the exclusion of middle- and low-income populations on a large scale. These developments have received only scant attention in political theory despite their prominence in local policymaking and their contribution to processes of redrawing the boundaries of inclusion into local (...) political communities. My focus in this article is on the question ‘is it morally permissible for cities to sort members by economic means, and grant the better-off privileged access to residency?’ I explore this question by examining the main arguments used to support the city’s right to selectively admit would-be members. This allows me to delineate the limitations of the city’s general duty to be accessible to all segments of society and to present particular cases where the city has special obligations to incorporate nonmembers. (shrink)

1. This paper concerns equality of education. It takes as its starting point that the state, through the system of education, can act in ways that cause injustice between children, if it brings abo...

In his recent book, Humanity without Dignity: Moral Equality, Respect, and Human Rights, Andrea Sangiovanni argues that the principle of moral equality should be grounded in the wrongness of treating others as inferiors insofar as this constitutes an act of social cruelty. In this short piece, I will raise two concerns about the rejection of social cruelty as the basis of moral equality: first, Sangiovanni’s account seems to give rise to disturbing implications as to how those beings that have basic (...) moral status relate to each other. Second, grounding moral equality in the rejection of social cruelty may fail to capture some wrongs qua violation of moral equality. (shrink)

Starting with one of the last writings by Norberto Bobbio I discuss the origins of the idea of a political “Left”. I trace them back to historical circumstances of the French Revolution and, behind them, to ways of symbolical representation to be located within the wider framework of forms of symbolic spatial organization of the social space. It turns out that “Left” is, more than a concept, a symbol or a metaphor. That Left is connected in its very roots with (...) the idea of equality. That the very idea of democracy is connected in a similar way to both ideas of Equality and Left,. A further implication is that the universally shared normative ideal of democracy and the (to a point) universally shared normative ideal of equality are carried as a matter of course by the very framework of democracy as a set of institutions. Thus it is virtually impossible to defend a consistent rhetoric of a political Right within the framework of a democratic society. The final discussion is whether the concept-metaphor “Left” is still useful, whether it highlights relevant features of society more than obscuring them, and the answer is, not unlike Bobbio’s – is that it is will still be useful, at least for a relevant number of purposes, until human societies will be marked by strong inequalities. (shrink)

We sometimes have reasons to perform actions due to what they would communicate. Those who have discussed such reasons have understood what an action ‘communicates’ as what it conventionally expresses. Brennan and Jaworski argue that when a convention ensures that expressing the appropriate thing would be costly, we should change or flout the convention. I argue that what really matters is often what attitudes we indicate rather than conventionally express, using social science to show that indicating our attitudes is often (...) unavoidably costly, and sometimes worth the cost. I use this account to defend communicative arguments for egalitarian distributive policies. (shrink)

ABSTRACTIn this paper I address the distributive, inclusive, and relational dimensions of educational justice individually in relation to transnational migration. First, I thematize distributive issues with regard to immigrant students, the central question being whether these students are entitled to more or less educational resources as non-immigrant students. Second, I discuss to which extent and in which sense enabling immigrant students to participate fully in the social and political life of their receiving country is a demand of educational justice. Third, (...) I elaborate on which kinds of educational interactions – in the first place, which types of teaching – could perpetuate unjust treatment of those students in the form of disrespect. I claim that educational justice with regard to immigrated students consists in their enabling to full social and political participation by a mode of teaching that positively addresses students’ biographical experiences with migration, and by constructing school curricula which encourage inter-lingual, inter-cultural, and inter-contextual translations in the classroom. That is to say, that educational justice in context of migration is to be ultimately understood as relational justice, or more specific – as a matter of just pedagogical relations. (shrink)

Democracy is in serious difficulties. Three features of the crisis stand out. First is the dominant culture of disillusionment in democracy, which transpires as the mistrust in constitutionalist institutions and values. Second, political authority, both at domestic and international levels, is largely substituted by the rule of non-transparent and unpredictable social powers. Third, democratic states are deprived of much of their capacity to govern, but they retain a non-negligible capacity to coerce.The article is structured as follows. Section I introduces Karl (...) Polanyi’s concept of embeddedness and juxtaposes it to the theoretical defense of market disembeddedness advanced by the classical political economy. It then points to the challenge that the complexity of the contemporary society poses to the idea of embeddedness and identifies the need for further analytical clarification of the idea. Section II tries to explain why the idea of embeddedness is intuitively suspect. One reason is found in the domi... (shrink)

This article provides a survey of key topics on just inheritance taxation. It does so by first presenting the main arguments in the debate. Here, I distinguish between arguments in the academic literature and the various arguments which have proven important in the public debate. Secondly, I outline four influential proposals when it comes to how inheritance should be taxed. Finally, I examine a recent controversy and point towards a number of themes that have not been sufficiently discussed.

This paper focuses on land as a domain in which legitimate expectations can give rise to entitlements. The central argument is that people are connected to other people and to projects, which are symbolically and materially rooted in particular places. This gives rise to an interest – an interest that is sufficiently weighty that it imposes obligations on other people – to protect stability of place. There are two ways in which legitimate expectations structure argument about land. It justifies liberty (...) rights to remain in a place, and not be removed or expelled from it, independently of the coercion that often accompanies forcible expulsion, and argue for rights of return as a second-order right when this right has been violated. I also argue that passage of time in a changed context can affect people’s legitimate expectations, and so their entitlements. (shrink)

After describing the disorder of psychopathy, I examine the theories and the evidence concerning the psychopaths’ deficient moral capacities. I first examine whether or not psychopaths can pass tests of moral knowledge. Most of the evidence suggests that they can. If there is a lack of moral understanding, then it has to be due to an incapacity that affects not their declarative knowledge of moral norms, but their deeper understanding of them. I then examine two suggestions: it is their deficient (...) practical reason or their stunted emotions that are at fault. The evidence supports both explanations. I conclude with an overview of the debate concerning whether they are morally or legally responsible for their actions. (shrink)

It is difficult for prioritarians to explain the degree to which justice requires redress for misfortune in a way that avoids imposing unreasonably high costs on more advantaged individuals whilst also economising on intuitionist appeals to judgment. An appeal to hypothetical insurance may be able to solve the problems of cost and judgment more successfully, and can also be defended from critics who claim that resource egalitarianism is best understood to favour the ex post elimination of envy over individual endowments.u.

Adult education has long been the Cinderella of the education system. This is not helped by the fact that there is currently an impasse between employers, government and individuals over who should finance such training. So what, if anything, can philosophers do to help resolve the normative question of who ought to pay, setting aside for the moment the practical question of how this might be put into effect? An important strand of contemporary egalitarian philosophy argues that equality of opportunity (...) for education should be implemented in such a way that children with the same level of talent and the same willingness to make an effort have the same opportunity to attain skills and qualifications such that they are each able (at the onset of adult life) to compete effectively with others for advantageous positions and rewards in society. But what about children or teenagers who drop out of education or make such little effort that they achieve wholly inadequate exam results? Should they be offered second and third chances for free education as adults funded by the state? A case is made for lifelong as opposed to one-off equality of opportunity for education on a number of grounds, including efficiency, utility, the value of choice, the social bases of self-respect and responsibility-catering prioritarianism. This last view supports lifelong access to education (for reasons of priority) but with the additional (responsibility-catering) stipulation that adults should contribute at least some of the costs themselves in so far as they are accountable for not making enough effort the first time around. (shrink)

This paper assesses employees’ moral agency within corporate capitalism from a politically liberal standpoint. While political liberalism has spelt out its key institutional implications at state level, it has neglected moral agency at work, assuming that a rights-based state that secures freedom of contract, free choice of occupation and a free labour market within a fair context would protect it sufficiently. Yet two features of corporate capitalism constrain employees’ moral agency: the relation of authority that forms part of the work (...) contract and organisations’ fragmented decision-making processes. Both seem at odds with the liberal ideal of allowing people to live by their own conception of the good. Consequently, this paper examines whether political liberalism should recommend greater safeguards for protecting workers’ moral agency. It proposes a criterion for assessing corporate capitalism: the ‘moral space’ defined as the socially shaped opportunities for action that can be enacted or endorsed from a comprehensive perspective. It argues that liberals should favour arrangements that widen workers’ moral space and suggests institutional designs that may achieve this while remaining within liberal boundaries. (shrink)

The present paper poses a new problem for moral luck. Defenders of moral luck uncritically rely on a broader theory of luck known as the control theory or the lack of control theory. However, there are are two other analyses of luck in the literature that dominate discussion in epistemology, namely the probability and modal theories. However, moral luck is nonexistent under the probability and modal accounts, but the control theory cannot explain epistemic luck. While some have posited that “luck” (...) is ambiguous, so that one theory of luck is operative with epistemic luck and a different theory works for moral luck, there are both semantic and philosophical reasons to reject luck ambiguity. Defenders of moral luck must engage with the broader literature on luck and either provide a comprehensive defense of the control theory or concede that moral luck is not a genuine thing in its own right. (shrink)

This paper defends the claim that private associations might be legitimately constrained by a requirement of reasonableness. I present a list of goods that freedom of association protect, and argue that the limits to associational freedom have to be sensitive to the nature of these goods. In defending this claim, I cast doubt on two popular liberal arguments: One is that attitudes cultivated in the private sphere are not likely to spill over into the public arena. The other is that (...) governmental intervention into the inner life of private associations will jeopardise attaining some associational goods. I challenge these assertions in two ways: First, I argue that the value of associations cannot be measured only in terms of the effects it has on their members. We should also pay attention to the long-term effects on society. Second, I argue that imposing some constraints on the sorts of activities associations might pursue does not necessarily threaten any associational good. These challenges are backed up by research coming from social psychology that suggests that an important part of human behaviour is automatic. I focus on the automaticity of social stereotypes and their causal effectiveness in producing behaviour. The upshot of the argument is that spillover effects are likely to happen. I argue that this is problematic for liberalism because citizens have an interest in exercising a sense of justice. The fact that racist or sexist attitudes cultivated in private spills over the public sphere provides weighty reasons to intervene in those associations. (shrink)

Opt-out systems of postmortem organ procurement are often supposed to be justifiable by presumed consent, but this justification turns out to depend on a mistaken mental state conception of consent. A promising alternative justification appeals to the analogical situation that occurs when an emergency decision has to be made about medical treatment for a patient who is unable to give or withhold his consent. In such cases, the decision should be made in the best interests of the patient. The analogous (...) suggestion to be considered, then, is, if the potential donor has not registered either his willingness or his refusal to donate, the probabilities that he would or would not have preferred the removal of his organs need to be weighed. And in some actual cases the probability of the first alternative may be greater. This article considers whether the analogy to which this argument appeals is cogent, and concludes that there are important differences between the emergency and the organ removal cases, both as regards the nature of the interests involved and the nature of the right not to be treated without one’s consent. Rather, if opt-out systems are to be justified, the needs of patients with organ failure and/or the possibility of tacit consent should be considered. (shrink)

Happiness studies have rekindled interest in the measurement of subjective well-being, and often claim to track faithfully ‘what people care about’ in their lives. It is argued in this article that seeking to respect individuals’ preferences in the context of making intrapersonal and interpersonal comparisons for social evaluation has important and somewhat surprising implications, which shed light, in particular, on subjective measures and their objective alternatives, such as Sen’s capability approach. Four points are made. First, raw subjective well-being scores are (...) problematic because they involve different calibration norms for different individuals or for the same individuals at different times. Money-metric and similar measures appear more attractive in this perspective. Second, if individuals genuinely care about their relative positions, incorporating such relative aspects in the evaluation of individual situations does not necessarily lead to rewarding the selfish and malevolent. Third, in the context of risk, relying on ex ante preferences may clash with a concern for ex post preferences, which are better informed. Fourth, focusing on opportunities or capabilities may fail to respect preferences. (shrink)

The principle of fair equality of opportunity is regularly used to justify social policies, both in the philosophical literature and in public discourse. However, too often commentators fail to make explicit just what they take the principle to say. A principle of fair equality of opportunity does not say anything at all until certain variables are filled in. I want to draw attention to two variables, timing and currency. I argue that once we identify the few plausible ways we have (...) at our disposal for filling in those variables, it will become apparent that a reasonable version of the principle will be quite narrow. Its usefulness as a justificatory basis for social policies will be limited to those policies that target the distribution of competitive opportunities among people entering majority. (shrink)

When discussing whether or not our elected governments should intervene to end genocide, war crimes, ethnic cleansing, and crimes against humanity in other countries, the humanitarian intervention debate has largely been assuming that liberal democracies bear no responsibility for the injustice at hand: someone else is committing shameful acts; we are merely considering whether or not we have a positive duty to do something about it. Here I argue that there are important instances in which this dominant third party perspective (...) (TPP) is empirically false and normatively misguided. Much before our positive ?responsibility to protect? potential victims from mass atrocities, we violate our negative duty not to harm these victims. Employing work by Thomas Pogge and Leif Wenar, I argue that this harm currently comes about as our elected governments either buy, or allow our corporations to buy, the world's most precious resources from brutal dictators and warlords, who dominate some of the states that are at the heart of intervention discussions. In these cases, democracies' most immediate duty is not intervention but rather humanitarian disintervention: boycotting severely oppressive regimes, and in particular stopping to recognizing these regimes ? whether dictators or civil warriors ? as possessing legitimate authority to sell their peoples' resources. I begin with a brief survey of the intervention literature, followed by the foundations for the disintervention alternative. I then elaborate the conceptual and practical advantages of disintervention, concluding with thoughts on the reasons for TPP's lasting dominance. (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)

David Miller est un intellectuel de gauche britannique bien connu pour ses nombreuses et importantes publications en philosophie politique et son dernier ouvrage, Principles of Social Justice, était attendu avec impatienceDans cet ouvrage, Miller propose des principes généraux de justice sociale devant guider l’organisation des principales institutions de la société ainsi qu’une justification élaborée de ces principes. C’est ce qu’on peut appeler, à l’instar de Miller, une théorie de la justice sociale. La théorie est ambitieuse, traite des principaux aspects de (...) l’organisation de la société et contient des remarques intéressantes sur les difficultés du maintien des services sociaux et des paiements de transfert dans le contexte de la mondialisation et du multiculturalisme. L’auteur prétend que ce qui caractérise sa théorie est un plus grand souci du contexte d’application de la justice ainsi qu’une considération plus systématique des opinions des gens ordinaires. (shrink)

What do we as a society, and as parents in particular, owe to our children? Each chapter in Taking Responsibility for Children offers part of an answer to that question. Although they vary in the approaches they take and the conclusions they draw, each contributor explores some aspect of the moral obligations owed to children by their caregivers. Some focus primarily on the responsibilities of parents, while others focus on the responsibilities of society and government. The essays reflect a mix (...) of concern with the practical and the philosophical aspects of taking responsibility for children, addressing such topics as parental obligations, the rights and entitlements of children, the responsibility of the state, the role and nature of public education in a liberal society, the best ways to ensure adequate child protection, the licensing of parents, children’s religious education, and children’s health. Taking Responsibility for Children will be of interest to philosophers, advocates for children’s interests, and those interested in public policy, especially as it relates to children and families. (shrink)

Theories of global justice have moved from issues relating to crimes against humanity and war crimes or, furthermore, ?negative duties? with respect to non-citizens, towards problems of distributive justice and global inequality. Thomas Nagel's Storrs Lectures from 2005, exemplifying Rawlsian internationalism, argue that liberal requirements concerning duties of distributive justice apply exclusively within a single nation-state, and do not extend to duties of this nature between rich and poor countries. Nagel even argues that the demand for global equality is not (...) a demand of justice at all. In the present article I will try to offer a normative basis for the criticism of such a view. Following Kant and more recently Philip Pettit, I locate this normative basis on political freedom conceived as non-domination. Such a conception opens up the possibility of a political cosmopolitanism, which is based not on an empirical interdependence among people at a global level, but on a normative interdependence. Subsequent cosmopolitan duties extend both to the elimination of domination everywhere in the world and to the equal enjoyment of non-dominated choice. Thus, it will be argued that modern republicanism is falsely identified with a particular, bounded community, but supports a political, not simply a moral, cosmopolitanism. This kind of cosmopolitanism conceives of sovereign states neither as useless constructions, nor as mere instruments for realizing the pre-institutional value of justice among human beings. Instead, their existence is what gives the value of justice its application. Cosmopolitanism is not after all about the abolishment of all boundaries, but about the essential capacity to draw and redraw them infinitely under conditions of global justice. (shrink)

The WHO Commission on the Social Determinants of Health revealed that there is a 28-year disparity between the life expectancy in the poorest postcode and the richest postcode of Glasgow (CSDH, 2008). There are two sets of questions that it is important to ask about health inequalities like these: first, epidemiological questions about the mechanisms that cause inequalities in health and the measures that are effective in reducing them. Second, normative questions about which inequalities in health are wrong and why (...) they are wrong. The papers in this symposium result from the inaugural conference of UCL's Centre for Philosophy, Justice and Health (CPJH) and focus on the relationship between these epidemiological and normative questions. (shrink)

Recently, there has been an effort to make libertarianism compatible with a redistributive inheritance tax: When the tax is levied, the taxpayer in question is already dead and as such she cannot be a bearer of rights. The state is therefore allowed to redistribute the (value of) the estate according to some distributive principle. I consider (and finally dismiss) four successive arguments, each concluding that the state is allowed to use the estate for redistributive purposes. I show that neither of (...) them is able to reconcile (right-) libertarianism with a redistributive inheritance tax. Instead of trying to square the circle, proponents of such a tax should meet the theoretical essentials of (right-) libertarianism head-on. (shrink)

Defenders of current restrictions on EU immigrants’ access to welfare rights in host member states often invoke a principle of reciprocity among member states to justify these policies. The argument is that membership of a system of social cooperation triggers duties of reciprocity characteristic of welfare rights. Newly arriving EU immigrants who look for work do not meet the relevant criteria of membership, the argument goes, because they have not yet contributed enough to qualify as members on the grounds of (...) reciprocity. Therefore, current restrictions on their access to welfare rights are justified. In this article, I challenge this argument by showing how restrictions on EU immigrants’ access to welfare rights are inconsistent with duties of international reciprocity. There are different variations of this challenge, but my focus here will be on one that uses a veil of ignorance device to support this claim. What matters from a perspective concerned with international reciprocity, I will argue, is what kind of welfare policy EU member states would choose were they not to know whether those receiving EU migrants were net contributors or net beneficiaries to the relevant scheme of international cooperation made possible by the four freedoms, and freedom of movement in particular. I argue that framing the requirement of reciprocity in this way provides a more comprehensive understanding of what should count as an ‘unreasonable burden’ on the welfare systems of host member states. The paper also examines alternative accounts of ‘unreasonable burdens’. It shows when and how the current institutional structure of the EU could take steps to deal with such burdens by preventing member states from gaming a comprehensive system of welfare rights protections across member states and by recognising the achievements of those member states that best serve them. (shrink)

Journal of Social Philosophy, EarlyView.

The nature of human reason is one of the thorniest of mysteries in philosophy. The reason appears in many specific forms within general areas such as cognition, thinking, experiencing beauty, and moral judgment. These forms are “perfectly” known in philosophy, yet an unknown pattern has been noticed which shows us that they are all a variation of the same theme: truth is an identity relation between the “thought” and “reality”; justice is an identity relation between the given and the deserved; (...) beauty is an identity relation as rhyme is an identity relation between the final sounds of words; rhythm is an identity relation between time intervals; symmetry is an identity relation between two halves; proportion is an identity relation between two ratios; anaphora is an identity relation between the initial words. Particular things are identities in themselves and universals are identities between particulars. One idea associates another idea identical to it; an analogy is an identity between relations; induction is an identification between the known and unknown instances; and all the logic rests on the law of identity. What is common for all of them is the nature of reason itself. (shrink)

This thesis explores the relationship between the capability approach to justice and liberal philosophy. I argue that the most compelling articulation of the capability approach—one given by Martha Nussbaum—suffers from an unattractive kind of inconsistency. On the one hand, Nussbaum is committed to formulating a robust account of a dignified human life which can give rise to a range of individual entitlements which ought to be guaranteed to all individuals. On the other hand, Nussbaum is committed to political liberalism which (...) requires state institutions to uphold strict neutrality between a variety of reasonable conceptions of the good. Nussbaum’s first commitment results in the formulation of a list of ten central human capabilities. However, I argue that the content and justification of this list cannot be successfully established in a way that is consistent with Nussbaum’s second commitment. Therefore, in this thesis, I propose a novel capability approach: a two-step approach which consists of two principles arranged in lexical priority. First, governments have a moral obligation to secure individuals with a meta-capability of autonomy. That is to say, governments must provide the conditions which are conducive to individuals exercising a range of agentic competencies which are constitutive of autonomous judgement. Second, governments have a moral obligation to provide opportunities for individuals to exercise this meta-capability in six domains of well-being: health, politics, knowledge, relationships, self-expression, and work. I argue that exercising autonomous choice in the pursuit of welfare is necessary for a good life, regardless of the specific choices individuals eventually make, and even if they choose to forgo some supposedly valuable choices altogether. My proposal has two striking features which set it apart from other articulations of the capability approach. First, my proposal is comprehensive in that it relies on a particular view about what is a valuable way of life. In my view, a way of life is valuable if it is pursued autonomously, that is to say, if it involves an individual exercising a set of agentic competencies and standing in appropriate relations with other people. And second, by virtue of being based in this particular comprehensive claim, my account of justice is anti-perfectionist. That is to say, my proposal does not aim to compel people to make valuable choices. Rather, it aims to equip people with the means to live the kind of life they find valuable and worth living. I then apply this capability approach to the domain of education, and I argue it can be useful in formulating an ambitious and transformative approach to education. In particular, I develop a program of civic education aimed at responding to the problems associated with disinformation and ‘post-truth’ trends in politics. (shrink)

Food-related non-communicable diseases such as obesity, type 2 diabetes and cardiovascular diseases are key threats to public health. Yet, the responsibility for food-related health harms is contested. While traditionally viewed as mainly an individual responsibility or a governmental responsibility, fingers are nowadays also pointed at the food and beverage industry, as many firms are producing and marketing unhealthy products that contribute to the rise of obesity and other food-related NCDs. Yet, does the behaviour of the industry and the impact its (...) products have on public health also give reason for moral concern? Are these firms doing anything wrong? Are there normative considerations on the basis of which it can be argued that food and beverage firms have a responsibility for public health? This thesis explores the moral grounds for firms in the food and beverage industry to address food-related public health problems, and simultaneously reflects upon what taking responsibility for these problems could entail in practice. Drawing on debates in business ethics, political philosophy, and public health ethics, it is argued that food and beverage firms have distinct responsibilities for food-related health problems, and that these responsibilities spring from considerations of _non-maleficence_, _respect for autonomy _and _justice_. The thesis makes clear how responsibility for public health can be understood as an essentially shared responsibility, and outlines what taking responsibility could entail for various firms in the food and beverage industry and makes recommendations on what kind of behaviour firms should no longer engage in. (shrink)

This thesis focuses on what I call the question of exclusion. This question, I argue, is one that poses serious challenges to social contract approaches to justice and political legitimacy. In an intuitive way, the exclusion of some individuals seems to be a corollary of the social contractualist approach, which ascribes justice or legitimacy to a social arrangement insofar as it can be regarded as the product of the (actual – expressed or tacit – or hypothetical) consent of specified parties. (...) Consequently, this approach excludes those whose consent is not required in order to view an arrangement as legitimate or just. Given the enormous and continuing influence of John Rawls’s social contract theory, I take the Rawlsian view as my primary focus, concentrating on the way in which the question of exclusion raises challenges for Rawlsian contractualism. According to Rawls’s theory, those who participate in the hypothetical contract and to whom political power ought to be justifiable are reasonable and rational. They are reasonable in the sense that they understand and are willing to comply with the requirements of justice and they are rational in that they have the capacity to form, revise, and pursue a conception of the good. This gives rise to two categories of exclusion. In the first part of the thesis, I examine the exclusion of those who will develop the two moral powers sufficiently only if those who are represented in the social contract act (or refrain from acting) in certain ways. This category includes children, foetuses, and unreasonable citizens. Intuitively, justice issues in requirements in at least some of these cases, but it is hard to make sense of this on the Rawlsian approach. In the second part of the thesis, I address the question of exclusion regarding those who will never develop the two moral powers to the requisite degree, such as individuals with severe cognitive disabilities and non-human animals. Again, intuitively, justice issues in requirements here, but their justification is not clear on the contractualist approach. My conclusion is threefold. First, I argue that the problems the question of exclusion poses cannot be addressed by a single solution. Second, I safeguard Rawlsian contractualism by showing how each problem can be resolved. Third, I offer policy-prescriptions on a number of issues, such as education, abortion, and the criminal justice system. (shrink)

Extremism about Demands is the view that morality is significantly more demanding than prevailing common-sense morality acknowledges. This view is not widely held, despite the powerful advocacy on its behalf by philosophers such as Peter Singer, Shelly Kagan, Peter Unger, and G.A. Cohen. Most philosophers have remained attracted to some version of Moderation about Demands, which holds that the behavior of typical well-off people is permissible, including the ways that such people tend to employ their economic and other resources. It (...) is difficult to resist the conclusion that proponents of Extremism have not taken sufficiently seriously the central convictions that motivate the Moderate view. -/- This dissertation offers an improved defense of Extremism about Demands. At its center is an argument that appeals dialectically to requirements of justice that Moderates themselves already implicitly accept. Specifically, I claim that any plausible set of Moderate moral principles will, when applied to a world like ours, yield demands on typical well-off people that far exceed the demands of common-sense morality. -/- My argument has two cruxes. The first is the idea that our concern for justice is at least partially grounded in a concern for individuals’ interests, broadly construed. The other is a principle that I call Injustice entails Obligations, which says that we are collectively subject to requirements of justice that, if fully complied with, would ensure the transition from current injustice to a just state of affairs. Any view that is compatible with both the interest-based view of (part of) our concern for justice and Injustice entails Obligations will, I argue, require sacrifices from typical well-off people that substantially exceed what prevailing common-sense morality requires of them. -/- Moderates typically emphasize the idea that each person has an important interest in pursuing the projects, plans, relationships, and commitments that are most important to her. But they also believe that acceptable Moderate principles will properly balance this idea with the idea that from a properly impartial perspective everyone, and everyone's interests, are equally morally important. Because Moderates accept the latter idea, they are already committed to thinking that in a just world, everyone would have a sufficient minimum share of society’s resources. I argue that even if we limit our focus to distributive justice in a single society such as the United States, and even if we assume that distributive justice requires only a sufficient minimum, the extent to which the status quo must be transformed in order for justice to be achieved is still too great to be compatible with Moderate demands on typical well-off people. -/- There are a number of ways to try to argue that Moderate principles and Injustice entails Obligations are compatible with Moderation about Demands. For instance, it might be argued that all or nearly all of the demands to sacrifice in order to promote justice can be assigned to the super-rich, rather than to typical well-off people. Or it might be argued that the sacrifices of a single well-off person cannot be required because they amount to a mere “drop in the bucket” relative to what needs to be done in order to fully achieve justice. I show that such arguments fail. -/- The argument that I consider in greatest detail derives from John Rawls’s view that the principles of justice apply to the institutions of the “basic structure of society,” and do not apply directly to the conduct of individuals. If this “Institutionalism” is right, then it cannot be the case that individuals are obligated to promote justice directly in the way that I suggest they are. Furthermore, it might seem that a view that assigns all of the burdens of promoting justice to the basic structure satisfies the imperative to transition from injustice to justice, since if the relevant institutions were to begin doing everything that the Rawlsian view says they ought to be doing, the requirements of justice would be met. I argue, however, that there is no understanding of Institutionalism on which it is itself consistent with the following desiderata: Moderate principles, and the associated interest-based view of (part of) the ground of our concern for justice; Injustice entails Obligations; and Moderate demands. So, Institutionalism cannot make Moderate principles and Injustice entails Obligations compatible with Moderate demands. -/- Moderate principles and Injustice entails Obligations, then, remain incompatible with Moderation about Demands. Since there are compelling reasons to accept both Moderate principles and In justice entails Obligations, I conclude that we must reject Moderation about Demands. The obligations that justice places on typical well-off people are substantially more extensive than is acknowledged by prevailing common-sense morality. (shrink)

Since field experiments in democratic politics influence citizens and the relationships among citizens, they are freighted with normative significance. Yet the distinctively democratic concerns that bear upon such field experiments have not yet been systematically examined. In this paper, we taxonomize such democratic concerns. Our goal is not to justify any of them, but rather to reveal their basic structure, so that they can be scrutinized at further length. We argue that field experiments could be democratically objectionable even if they (...) are not decisive – even if they do not swing the results of elections or other political decisions. Rather, if a class of campaign experiments is objectionable, one reason for this is that they undermine citizens’ equal standing. The ideal of equal standing affords nuanced judgments about the permissibility of field experiments in democratic politics. (shrink)