The ‘consensus’ model of public reason, associated with John Rawls’s political liberalism, has been criticised for excluding certain reasons from receiving consideration where the justification of the constitutional essentials is concerned. One limitation of these criticisms is that they typically focus on the exclusion of reasons political liberals are committed to excluding, notably reasons based on religious and comprehensive views. I argue that public reason excludes some reasons, central to the interests of many oppressed groups, that public reason advocates will (...) agree should not be excluded.L’idée de raison publique comme «consensus», associée au libéralisme politique de John Rawls, a été attaquée du fait de sa supposée incapacité à permettre la prise en compte de certaines raisons dans les cas où la substance même de la constitution est en question. Une limitation de ces critiques est qu’elles se concentrent habituellement sur l’exclusion de ces raisons que les libéraux eux-mêmes s’efforcent d’exclure, en particulier des raisons fondées sur des vues globales ou religieuses. Je défends l’idée selon laquelle la raison publique exclut de fait certaines raisons, essentielles aux intérêts de nombreux groupes opprimés, que les tenants de la raison publique eux-mêmes considèreraient ne pas devoir être exclues. (shrink)

My purpose is to consider if, in political society, there can be any legitimate and sure principle of government, taking men as they are and laws as they might be. —Jean‐Jacques Rousseau, The Social Contract Following Rousseau's opening thought in The Social Contract…, I shall assume that his phrase “men as they are” refers to persons' moral and psychological natures and how that nature works within the framework of political and social institutions. —John Rawls, The Law of peoples.

A survey of recent work on egalitarianism.

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

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)

In a recent article in this journal, Alan Thomas presents a novel defence of what I call ‘Rawlsian Institutionalism about Justice’ against G. A. Cohen’s well-known critique. In this response I aim to defend Cohen’s rejection of Institutionalism against Thomas’s arguments. In part this defence requires clarifying precisely what is at issue between Institutionalists and their opponents. My primary focus, however, is on Thomas’s critical discussion of Cohen’s endorsement of an ethical prerogative, as well as his appeal to the institutional (...) framework of a ‘property-owning democracy’ in his elaboration of the precise institutional requirements of Rawlsian Institutionalist justice, and his related claim that Cohen’s rejection of Institutionalism involves an objectionable ‘double counting’ of the demands of justice. I argue that once we are clear about both the kind of justification that can be given for a prerogative within a plausible ethical theory, and about the key points of departure between Institutionalist views and their rivals, Cohen’s rejection of Institutionalism appears well-motivated, and Thomas’s claim that his view is guilty of double counting the demands of justice can be seen to be mistaken. (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)

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

Jason Brennan and John Tomasi have argued that if we focus on income alone, the Difference Principle supports welfare-state capitalism over property-owning democracy, because capitalism maximizes long run income growth for the worst off. If so, the defense of property-owning democracy rests on the priority of equal opportunity for political influence and social advancement over raising the income of the worst off, or on integrating workplace control into the Difference Principle’s index of advantage. The thesis of this paper is that (...) even based on income alone, the Difference Principle is not as hostile to property-owning democracy as it may seem, because the Difference Principle should not be interpreted to require maximizing long run income growth. The main idea is that it is unfair to make the present worst off accept inequality that doesn’t benefit them, for the sake of benefitting the future worst off, if the future worst off will be better off than they are anyway. (shrink)

Gerald Cohen's critique of John Rawls's theory of justice is that it is concerned only with the justice of social institutions, and must thus arbitrarily draw a line between those inequalities excluded and those allowed by the basic structure. Cohen claims that a proper concern with the interests of the least advantaged would rule out 'incentives' for 'talented' individuals. I argue that Rawls's assumption that the subject of justice is the basic structure of society does not arbitrarily restrict the concerns (...) of political justice, as Cohen claims. Further, I argue that it does not allow 'deep' inequalities within a just basic structure. When properly understood, Rawls's theory of justice is strongly egalitarian, taken as a theory of fairness in the way the burdens and benefits of social cooperation are distributed, even if it is not as egalitarian as Cohen wishes. (shrink)

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

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

I should begin by thanking Brian Berkey for his thoughtful discussion of my paper. As will be clear from what follows, I think that, in several instances, Berke.

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

In his multi-faceted attack on Rawls’s account of justice, G.A. Cohen has argued that the notion of basic structure is necessarily insensitive to the importance of informal social norms to social justice. The paper argues that the most plausible account of the basic structure is not blind to informal social norms in any meaningful sense. Whereas informal, non-legally coercive institutions are not part of the basic structure as such, their careful consideration is necessary for the assessment of whether the basic (...) structure itself is indeed just. This claim is based on an account of what it means for normative principle to apply to institutions, which I expound in detail throughout the paper. Principles apply to institutions, I argue, not in that they restrain their conduct, but in that they indicate which social conditions they should bring about. (shrink)

The nature of state governance in consolidated liberal democracies has important implications for the ideal theory debate. The states of these societies are polycentric. Decision-making power within them is disaggregated across multiple sites. This rules out one major justification for ideal theory. On this influential view, the ideal furnishes a blueprint of the morally perfect society that we should strive to realise. This justification is not viable in consolidated liberal democracies because their states lack an Archimedean point from which the (...) institutional structure as a whole can be designed to accord with the true ideal – whichever it might be. However, knowledge of the ideal can still aid agents in those societies to determine the worth of more modest political objectives other than the ideal itself. (shrink)

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)

Should egalitarian justice be qualified by an agent-relative prerogative to act on a preference for—and thereby in a manner that gives rise to or preserves a greater than equal share of the goods of life for—oneself, one's family, loved ones, or friends as compared with strangers? Although many would reply that the answer to this question must be ‘yes’, I shall argue here that the case for such a prerogative to depart from equality is much less far-reaching than one might (...) think. I have in mind a prerogative to depart from a specific form of equality: namely, equality of opportunity for such advantages as resources or welfare. I mean to refer to the strong form of equal opportunity elaborated and defended by Richard Arneson and G. A. Cohen whereby, roughly speaking, two people have equal opportunity for advantage if they face the same choices and will end up at the same level of advantage if they make the same choices. (shrink)

The revival of republicanism was meant to challenge the hegemony of liberalism in contemporary political theory on the grounds that liberals show insufficient concern with institutional protection against political misrule. This article challenges this view by showing how neorepublicanism, particularly on Philip Pettit’s formulation, demands no greater institutional protection than does political liberalism. By identifying neutrality between conceptions of the good as the constraint on institutional requirements that forces neorepublicanism into the liberal framework, the article shows that neutrality is what (...) neorepublicans must jettison to offer a tenable critique of liberalism. Only then can neorepublicans ensure greater protection against misrule by demanding that citizens participate more actively in politics. They can then also criticize liberalism for failing to appreciate the importance of such protection. (shrink)

In Rescuing Justice and Equality, G.A. Cohen argues that the incentive inequalities permitted by John Rawls's difference principle are unjust since people cannot justify them to their fellow citizens. I argue that citizens of a Rawlsian society can justify their acceptance of a wide range of incentive inequalities to their fellow citizens. They can do so because they possess the right to freedom of occupational choice, and are permitted – as a matter of justice – to exercise this right by (...) making occupational decisions on the basis of a wide range of values and preferences. (shrink)

This paper aims to clarify what it means for a normative theory to be fact-sensitive, and what might be wrong with such sensitivity, by examining the ways in which ‘justice as fairness’ depends upon facts. While much of the fact-sensitivity of Rawls’s principles consists of innocent limitations of generality, Rawls’s appeal to stability raises a legitimate worry about defining justice down in order to make ‘justice’ stable. If it should turn out that the correct principles of justice are inconsistent with (...) human nature, it might be important for us to recognize that as a feature of human psychology we regret, rather than revising our principles for the sake of stability in a way that obscures the fact that there is anything to regret. Whether or not Rawlsian principles are in fact watered down depends on how one interprets the role of reciprocity in the theory. Reciprocity can be seen as a fact about human psychology that limits the extent to which justice can be realized where assurance of compliance on the part of others is lacking. Or it can be seen as a fact about justice, to wit, that its point is to create a relationship of mutual recognition and respect, making strictly unilateral compliance pointless. (shrink)

Arguments from stability for liberal nationalism rely on considerations about conditions for the feasibility or stability of liberal political ideals and factual claims about the circumstances under which these conditions are fulfilled in order to argue for nationalist conclusions. Such reliance on factual claims has been criticised by among others G. A. Cohen in other contexts as ideological reifications of social reality. In order to assess whether arguments from stability within liberal nationalism, especially as formulated by David Miller, are vulnerable (...) to a comparable critique, the rationale for their reliance on factual claims is discussed on the basis of a number of concerns in John Rawls’s political liberalism. The concern with stability in liberal nationalism differs from stability in Rawls’s work, mainly because of the stronger non-ideal or ‘realist’ focus of the former. In so far as the ‘realism’ of arguments from stability for liberal nationalism is recognized, they are not vulnerable to the reification charge. But if the arguments are construed as realist, this at the same time makes for other tensions within liberal nationalism. (shrink)

Liberalism assumes a number of political values that are central to its popular appeal. Historically, fraternity was an additional value that called on citizens to consider themselves part of a civic community. While contemporary liberalism has placed significant emphasis on the values that promote individualism – liberty and equality – it has rarely referred to fraternity as a value. Yet, a robust version of fraternity is either existent or possible in at least one liberal’s, Kant’s, version of liberalism. Drawing upon (...) Kant’s notions of unity and friendship in his moral and religious writings to show how Kant conceived of fraternity in its private sense, I offer textual evidence of these concepts spilling over into Kant’s theory of right. In so doing, I reconstruct a version of Kantian fraternity that is consistent with Kant’s broader theory of right in an effort to give fraternity a greater role in classical liberalism. (shrink)

Egalitarians claim that inequality in society is only justified to the extent that it results from choices freely and responsibly made. Inequality resulting from brute bad luck is not justified. I argue that luck, and therefore responsibility, are defined in terms of the reward structure. Luck and responsibility are epiphenomena of the incentives that people have to choose from the opportunity sets available. To that end egalitarians should look more directly at the degree of inequality that is acceptable and examine (...) more closely the classes of actions they want to leave to individual responsibility even though these will lead to greater inequality. State action should concentrate upon reducing inequality between classes of people; it cannot be expected to reduce all inequalities between people even though many of these will have only peripheral relationships to responsibility. (shrink)

The paper suggests that the state is subject to assessment according to principles of social justice because state institutions or practices exercise forms of power over which no particular person has control. This rationale for assessment of social justice equally applies to legally optional or informal social practices. But it does not apply to individual conduct. Indeed, it follows that principles of social justice cannot provide a basis for the assessment and guidance of individual choice. The paper develops this practice-based (...) conception of the subject of justice by rejoining G. A. Cohen's influential critique of Rawls’ focus on the “basic structure” of society. (shrink)

G. A. Cohen argues that Rawls’s difference principle is incompatible with his endorsement of incentives inequality—higher pay for certain professions is just when that pay benefits everyone. Cohen concludes that Rawls must reject both incentives inequality and ‘institutionalism’—the view that egalitarian principles, including the difference principle, apply exclusively to social institutions. I argue that the premises of Cohen’s ‘internal criticism’ of Rawls require rejecting two important parts of his theory: a ‘subjective circumstance of justice’ and a ‘shared conception of justice’. (...) These are important parts of Rawls’s ‘constructivism’. Constructivism is the view that a conception of justice is the solution to a practical interaction problem and is solved in part by examining the facts of the problem. Thus, an upshot of my arguments is that this Cohen/Rawls dispute reduces to another dispute over ‘constructivism’. (shrink)

:A common justification offered for unequal pay is that it encourages socially beneficial productivity. G. A. Cohen famously criticizes this argument for not questioning the behaviour and attitudes that make those incentives necessary. I defend the communal status of incentives against Cohen's challenge. I argue that Cohen's criticism fails to appreciate two different contexts in which we might grant incentives. We might grant unequal payment to someone because they demand it. However, unequal payment might be an offer instead. I claim (...) that incentives as offers promote the ideal of society as a cooperative venture for mutual advantage. (shrink)

Political equality is in tension with political quality, and quality has recently been neglected. My thesis is that proper attention to the quality of democratic procedures and their outcomes requires that we accept substantive inequalities of political input in the interest of increasing input overall. Mainly, I hope to refute political egalitarianism, the view that justice or legitimacy requires substantive political equality, specifically equal availability of power or influence over collective choices that have legal force. I hope to show that (...) political egalitarianism exaggerates individual rights in the conduct of political procedures, and neglects the substantive justice of the decisions made through those procedures. Some unequal distributions of influence may better promote just decisions, and without reliance on any invidious comparisons such as the relative wisdom of the wealthy or the educated. (shrink)

The paper offers to substantiate a claim about the so-called Meritocratic Conception of how educational opportunities ought to be distributed. Such a conception holds an individual’s prospects for educational achievement may be a function of that individual’s talent or effort levels but should not be influenced by their social class background. The paper highlights the internal tension in the Meritocratic Conception between on the one hand a prohibition on the influence of social class on educational opportunities and on the other (...) a permission to allow unequal educational opportunities on the basis of talent and effort. This tension obtains because individuals’ talent and effort are themselves subject to influence by social class. The paper makes a positive case for an interpretation of the Meritocratic Conception that resolves this tension in favour of an egalitarian version, such that social class represents an objectionable determinant of unequal educational prospects even when its influence is mediated through the cultivation of talent and effort. This argument is further supported through an explanation that the character of social class as a systemic social source of the structure of individuals’ opportunities makes it an objectionable influence on educational opportunities. (shrink)

In Democratic Authority, David Estlund argues that decision-procedures are to be judged solely by their tendency to generate morally superior decisions, but that because any relationship of authority must be acceptable to all qualified moral points of view, the epistemic benefits of less equal procedures must be evident beyond qualified objection. If all doctrines involved in political justification must be qualifiedly acceptable, however, the qualified acceptability requirement must itself be acceptable to qualified points of view. This article provides reasons for (...) doubting that this ‘insularity’ can be achieved, and explores ways of reformulating the principle so that it does not exclude itself. (shrink)

Luck egalitarians equalize the outcome enjoyed by people who exemplify the same degree of distributive desert by removing the influence of luck. They also try to calibrate differential rewards according to the pattern of distributive desert. This entails that they have to decide upon, among other things, the rate of reward, i.e., a principled way of distributing rewards to groups exercising different degrees of the relevant desert. However, the problem of the choice of reward principle is a relatively and undeservedly (...) neglected issue among luck egalitarians. The main goal of this paper is to highlight the importance and difficulty of this problem, and to elaborate upon G. A. Cohen's community-oriented response to it. In the last section, I provide a taxonomy of distributive pluralism, contrasting Cohen’s view with other (not so genuine) pluralisms - especially with all-things-considered varieties - while trying to motivate readers to adopt the more robust form of pluralism. (shrink)