The idea of merit is at the core of intense contemporary debate related to social justice in general and meritocracy in particular. In this paper, I aim to differentiate the notion of merit from two other notions with which it is often mistakenly identified, namely the concepts of talent and achievement. Here, I define “merit” as the value of an action that 1) is imputable to a subject‘s free conduct, 2) implies some sort of effort, and 3) is oriented towards (...) a good. Merit so understood is a valuable phenomenon considered from various perspectives, and therefore the subject who has it deserves to be properly recognized. But, more importantly, this merit is valuable in a sense that is different from the value attached to talent and achievement. We should therefore try to recognize the three of them according to their specificity. I conclude by signaling some problems and limitations associated with the idea of merit that, on the one hand, contribute to the aforementioned confusion and, on the other hand, show that the principle of merit must not be absolutized to the detriment of other forms of value (including talent and achievement). (shrink)

While there exist extensive literatures on both distributive justice and senior executive pay, and a number of authors (notably the French economist Thomas Piketty) have addressed the implications of high pay for distributive justice, the existing literature fails to address what senior executives themselves think about distributive justice and whether they consider high income inequalities to be morally acceptable. We address this gap by analysing a unique dataset comprising the views of over 1000 senior executives from across the world, which (...) was constructed using a survey instrument designed by the authors based on a thought experiment resembling John Rawls’s original position. We report four main findings. First, executives conceptualise distributive justice in a pluralistic manner, endorsing different and sometimes apparently conflicting philosophical principles: to explain how this plurality can be accounted for we propose a novel field-theory framework for conceptualising beliefs about distributive justice. Second, executives support similar philosophical approaches at both society and company levels of analysis, thus countering the idea that companies should leave matters of distributive justice exclusively for governments to deal with via the tax system. Third, executives believe that they live in societies and work for companies that fall short of desirable distributive justice outcomes. Fourth, the distributive justice views of the executives in our sample fall into four distinct clusters that are correlated with certain socio-demographic markers. Finally, we note the distinction between distributive justice beliefs and behaviours, from which we derive a number of managerial and public policy implications. (shrink)

Dans les premières années qui ont suivi la parution de son monumentalA Theory of Justice, Rawls s'est surtout employé dans quelques articles à répondre à ses critiques, à dissiper les malentendus ainsi qu'à expliciter certains aspects de sa théorie, sans proposer de changements significatifs. À partir de la publication desDewey Lectures, sous la pression des critiques ou suivant le cours naturel de sa réflexion, Rawls a graduellement procéde à d'importantes révisions. Presque essentiellement préoccupé par la signification et la justification de (...) sa théorie, et laissant à peu prés intacts sa structure et son contenu, Rawls a successivement élaboré une conception de la personne et de la société, développé une méthodologie contextualiste et constructiviste, limité considérablement la portée de sa théorie et finalement, pour encadrer le tout, proposé une interprétation politique de la «justice en tant qu'équité». Ces changements, que d'aucuns ont perçus comme un recul ou comme un important virage, n'ont pas toujours été, selon Rawls, bien compris. Dans son dernier ouvrage,Political Liberalism, qui, est-il besoin de le dire? était depuis longtemps attendu, Rawls rassemble et raffine ses nouvelles idées, les présente de façon systématique et, somme toute, convaincante. (shrink)

This chapter contains sections titled: Introduction The polis Nature Distributive Justice “The polis of our prayers” Slavery Constitutions The Good Man and the Good Citizen Bibliography.

Quotas, including youth quotas for representative institutions, are usually evaluated from within the social justice discourse. That discourse relies on several questionable assumptions, seven of which I critically address and radically revise in this contribution from a libertarian perspective. Temporal justice then takes on an entirely different form. It becomes a theory in which responsibilities are clear and cannot be shifted onto the shoulders of the weak and innocent. I shall only briefly sketch some outlines and general implications of such (...) a theory, arguing that it offers too little guidance for our imperfect world. While that implies more tolerance for quotas, I nevertheless propose an alternative more suited to a representative, deliberative democracy: veto rights. (shrink)

It is argued that reasonable partiality allows an agent to attach value to particular objects of attachment via recognition of the value of the holding of that relation between agent and object. The reasonableness of partiality is ensured by a background context set by the agent's virtues, notably justice. It is argued that reasonable partiality is the only view that is compatible with our best account of the nature of self-knowledge. That account rules out any instrumental relationship between moral demands (...) and moral character, but that familiar claim is given an unfamiliar explanation. Instrumentality depends on a prior objectification of the self and it is that kind of objectification that, in the ethical case, represents a form of ethical evasion. Self-knowledge is transparent, incomplete and essentially connected with first person endorsement. The transparency condition is that knowledge of one's state of mind is "taken" transparently to its object. More specifically, ethical transparency is the feature that my virtues do not exhibit themselves to me in self-knowledge, but take me transparently to the way in which they saliently represent the world as containing evaluative properties calling for various forms of response. It is concluded that reasonable partiality grounded in the nature of the virtues is the only reflective account of morality compatible with the most plausible account of the nature of self-knowledge. The demands of impartiality are incompatible with a condition of having a personal point of view, namely, that a self can stand in a non-alienated relation to itself via its capacity for self-knowledge. (shrink)

I examine three common beliefs about love: constancy, exclusivity, and the claim that love is a response to the properties of the beloved. Following a discussion of their relative consistency, I argue that neither the constancy nor the exclusivity of love are saved by the contrary belief, that love is not (entirely) a response to the properties of the beloved.

Chief executive officers (CEOs) are typically paid great amounts of money in wages and bonuses by commercial companies. This is sometimes defended with an argument from peer comparison; roughly that “our” CEO has to be paid in accordance with what other CEOs at comparable companies get. At first glance this seems like a poor excuse for morally outrageous pay schemes and, consequently, the argument has been ignored in the previous philosophical literature. In contrast, however, this article provides a partial defence (...) of the argument from peer comparison. Moreover, it is demonstrated how a serious consideration of this argument sheds further light on both incentive- and desert-based theories of just pay. (shrink)

During the last half of the twentieth century, legal philosophy (or legal theory or jurisprudence) has grown significantly. It is no longer the domain of a few isolated scholars in law and philosophy. Hundreds of scholars from diverse fields attend international meetings on the subject. In some universities, large lecture courses of five hundred students or more study it. The primary aim of the Law and Philosophy Library is to present some of the best original work on legal philosophy from (...) both the Anglo-American and European traditions. Not only does it help make some of the best work avail able to an international audience, but it also encourages increased awareness of, and interaction between, the two major traditions. The primary focus is on full-length scholarly monographs, although some edited volumes of original papers are also included. The Library editors are assisted by an Editorial Advisory Board of internationally renowed scholars. Legal philosophy should not be considered a narrowly circumscribed field. (shrink)

The arguments for redistribution of wealth, and for prohibiting certain transactions such as price-gouging, both are based in mistaken conceptions of exchange. This paper proposes a neologism, “euvoluntary” exchange, meaning both that the exchange is truly voluntary and that it benefits both parties to the transaction. The argument has two parts: First, all euvoluntary exchanges should be permitted, and there is no justification for redistribution of wealth if disparities result only from euvoluntary exchanges. Second, even exchanges that are not euvoluntary (...) should generally be permitted, because access to market exchange may be the only means by which people in desperate circumstances can improve their position. (shrink)

Desert plays a central role in most contemporary theories of retributive justice, but little or no role in most contemporary theories of distributive justice. This asymmetric treatment of desert is prima facie strange. I consider several popular arguments against the use of desert in distributive justice, and argue that none of them can be used to justify the asymmetry.

This paper intends to explain the problem of structural injustice. The Rawlsian theory of justice is problematic due to the reality of positional differences. The assumptions of Rawls are put into question. Oppression, according to Iris Marion Young, is social in character. Fair opportunity is not enough. To elaborate this critique, this study presents the exclusion of individuals with handicap, the problem of global justice, and the situation of women in patriarchal cultures. Some social rules and the behavior of people (...) discriminate the powerless. For instance, particular standards in society promote the high sense of respectability for professionals but not the respect for the equal dignity of persons. Procedures, laws, and policies manifest the prejudice against others. Beyond Rawls, the pursuit of justice and democratic inclusion, it is argued, requires overcoming unjust structures. (shrink)

Scholarship on Aristotle’s NICOMACHEAN ETHICS (hereafter “the Ethics”) flourishes in an almost unprecedented fashion. In the last ten years, universities in North America have produced on average over ten doctoral dissertations a year that discuss the practical philosophy that Aristotle espouses in his Nicomachean Ethics, Eudemian Ethics, and Politics. Since the beginning of the millennium there have been three new translations of the entire Ethics into English alone, several more that translate parts of the work into English and other modern (...) languages, and half a dozen collections of new articles discussing Aristotle’s Ethics. Such an outpouring of scholarship has produced an almost unmanageable wave of books, articles, and reviews. Through my topical bibliography, I seek to organize this wealth of scholarly writing so as to make it manageable both to scholars working across the disciplines of philosophy, classics, history, and politics, and to scholars pursuing theses on specific topics within the Ethics. The bibliography takes as its model and is much indebted to that compiled by Barnes, Schofield, and Sorabji in their Articles on Aristotle, Volume 2: Ethics and Politics (1977), which was further updated and incorporated into the complete bibliography to all of Aristotle’s writings in Barnes’s Cambridge Companion to Aristotle (1995). Although I have taken guidance from their model, my bibliography differs in one main respect. Whereas Barnes et al. were more selective and annotated their bibliography, I have been more comprehensive in my inclusion of items. I have sought to include all books and journal articles concerned with the Ethics written in English over the last 120 years; additionally, I have sought to include representative and central works of scholarship written on the Ethics in French, German, and Italian during the same period of time. (shrink)

Multiple authors have argued that moral cosmopolitanism, the thesis that every human has a global stature as an ultimate unit of moral concern, is compatible with domestic egalitarianism. This is because they believe that from equal concern does not follow equal treatment, and it might be possible to impartially justify partial treatment. Some such attempts at justifying restricting the scope of egalitarian demands of distributive justice to the state proceed by application of Rawls’s principle of fairness to the provision of (...) basic goods. But such relational approaches have been criticized by institutionalists who believe there is a global basic structure for the provision of basic goods. Institutional approaches, however, have themselves been criticized for relying on less than global institutions, such that the egalitarianism that they may justify is not truly global either. We argue that beyond institutionally provided goods there are nonetheless some goods whose provision is truly global, such that we can find a relational foundation for global egalitarianism, from which we can argue for cosmopolitan institutionalization. (shrink)

La teoría de la justicia de Rawls ha sido acusada de estar edificada sobre supuestos individualistas. Quienes realizan estas críticas asumen que una sociedad que adopte los principios y las formas de justificación rawlsianos será intrínsecamente inhóspita a la vida asociativa, al desarrollo de lógicas de pertenencia comunitaria y a los discursos de corte identitario. Este artículo se pregunta si esta acusación está debidamente fundamentada. Para ello distingue cuatro maneras en las que una teoría de la justicia puede ser considerada (...) individualista. Estas cuatro maneras son llamadas: individualismo metodológico, individualismo ontológico, individualismo ético e individualismo político. Se sostiene que no hace falta ser un individualista metodológico para ser un “rawlsiano sustantivo”, aunque sí es necesario para ser un “rawlsiano metodológico”. Luego se afirma que ni el individualismo ontológico ni el individualismo ético forman parte de los supuestos de la teoría de Rawls, pero que el individualismo político está en el corazón mismo de su teoría. (shrink)

Conceptul de dreptate socială este unul dintre cele mai controversate concepte ale filosofiei politice. Foarte puține aspecte legate de acest concept nu sunt înconjurate de controverse și dezbateri argumentative. Unele dintre cele mai importante astfel de controverse sunt cele legate de definirea, de specificarea și de legitimitatea lui. Prima este, în esență, o controversă în privința răspunsului la următoarea întrebare: care este conceptul care surprinde cel mai bine trăsătura fundamentală a dreptății și nedreptății sociale? A doua este o controversă în (...) privința exigențelor sau a principiilor „corecte” ale dreptății sociale. În sfărșit, a treia este o controversă pe marginea acceptabilității conceptului de dreptate socială. În studiul de față prezint pe scurt principalele idei, poziții și argumente invocate de filosofii politici recenți în cadrul fiecăreia dintre aceste controverse. (shrink)