The contemporary methodological debate about justice has centered around a dispute about the value of so-called ideal theory. I argue that justice performs a social-guiding function, which explains how people should respond to their limited and fallible abilities to realize justice institutionally. My argument helps to re-orientate the contemporary methodological debate. The obvious disagreement between many prominent supporters and skeptics of ideal theory obscures the fact that they are united by a false assumption: the practical value of justice exclusively consists (...) of its institution-guiding function. To capture the overlooked social-guiding function, a richer normative theory of justice is required; I show how such a theory can be supplied by “ideal-transitional” principles. (shrink)

This article challenges the association between realist methodology and ideals of legitimacy. Many who seek a more “realistic” or “political” approach to political theory replace the familiar orientation towards a state of justice with a structurally similar orientation towards a state of legitimacy. As a result, they fail to provide more reliable practical guidance, and wrongly displace radical demands. Rather than orienting action towards any state of affairs, I suggest that a more practically useful approach to political theory would directly (...) address judgments, by comparing the concrete possibilities for action faced by real political actors. (shrink)

States restrict immigration on a massive scale. Governments fortify their borders with walls and fences, authorize border patrols, imprison migrants in detention centers, and deport large numbers of foreigners. Unjust Borders: Individuals and the Ethics of Immigration argues that immigration restrictions are systematically unjust and examines how individual actors should respond to this injustice. Javier Hidalgo maintains that individuals can rightfully resist immigration restrictions and often have strong moral reasons to subvert these laws. This book makes the case that unauthorized (...) migrants can permissibly evade, deceive, and use defensive force against immigration agents, that smugglers can aid migrants in crossing borders, and that citizens should disobey laws that compel them to harm immigrants. Unjust Borders is a meditation on how individuals should act in the midst of pervasive injustice. (shrink)

Robert Nozick's Anarchy, State, and Utopia made libertarianism a major theory in political philosophy. However, the book is often misread as making impractical, question‐begging arguments on the basis of a libertarian self‐ownership principle. This essay explains how academic philosophical libertarianism since Robert Nozick has returned to its humanistic, classical liberal roots. Contemporary libertarians largely work within the PPE (politics, philosophy, and economics) tradition and do what Michael Huemer calls “non‐ideal, non‐theory.” They more or less embrace rather than reject ideals of (...) social justice, and they accept that positive liberty is important. The difference between them and Left‐liberals is not so much a dispute over fundamental values, but empirical disagreements about the extent of market versus government failure. In contemporary political philosophy, libertarianism remains a significant but influential minority position.1 Nevertheless, many philosophers have little sense of how libertarian and classical liberal thought has developed and changed after Robert Nozick's seminal Anarchy, State, and Utopia, published in 1974. This essay provides a short guide. The terms “libertarianism” and “classical liberalism” refer to a body of related views about politics, philosophy, and economics. As a body of related ideas, classical liberalism has the unity of a neighborhood more than a house. That said, libertarians and classical liberals generally tend to argue for following two sets of claims: As a matter of justice, each individual has an extensive set of negative civil and economic rights, which cannot easily be overridden in the name of utility, stability, or desirable cultural goals. Granting everyone a wide scope of personal and economic liberty tends to generate good consequences, while restrictions on liberty tend to produce bad consequences. Classical liberals accept that markets and civil society can fail, but they argue government agents generally lack both the competence and the motivation to intervene in ways that fix rather than exacerbate the problems (Mueller, 2003). The first set of arguments is deontological; the second is consequentialist. Early classical liberal thinkers, such as Adam Smith, Adam Ferguson, and David Hume, did not quite recognize this distinction. They made both arguments without any apparent worry that these were different kinds of argument. But Robert Nozick, the most famous libertarian philosopher of the Twentieth Century, seemed to focus almost entirely on rebutting deontological arguments against libertarianism with providing deontological arguments of his own. This tendency, along with the radical contrarianism of certain other mid‐Twentieth Century libertarians, seems to cause the perception that libertarians are impractical and inhumane (Barry, 1975; Sachs, 2012). In contrast to Nozick, contemporary classical liberal thought is largely pre‐occupied with social justice issues and with assessing the expected consequences of adopting various institutions and policies. In a sense, this a return to Adam Smith and origins of classical liberal thought: Contemporary classical liberals are not so much synthesizing left‐liberalism and classical liberalism as they are instead clarifying the basic concerns that have driven mainline classical liberal thought all along.2. (shrink)

The concept of feasibility has received a significant amount of scrutiny in recent years. Despite the diversity of accounts, all agree on the assumption that feasibility considerations have a practical function in guiding action. However, the two most important accounts (by Gilabert and Lawford-Smith, and by Wiens) seem to scarcely speak to this practical function because they provide a third-personal reconstruction of feasibility constraints. In this paper, I argue that, to understand feasibility constraints in a way that matters for guiding (...) action, we should switch from a third-personal to an agent-centered perspective. I show that relevant constraints can be Barriers, Limitations, Boundaries, and Rubber Walls to the extent that they concern nomic impossibilities (Barriers), resources (Limitations), agents’ abilities (Boundaries) or other people’s unwillingness (Rubber Walls). Understanding constraints through the lens of their qualitatively different natures opens the way for addressing the problem of how to respond to them. (shrink)

In this paper I unpack a realistic conception of politics by tightly defining its constitutive features: conflict and order. A conflict emerges when an actor is disposed to impose his/her views against the resistance of others. Conflicts are more problematic than moralists realize because they emerge unilaterally, are potentially violent, impermeable to content-based reason, and unavoidable. Order is then defined as an institutional framework that provides binding collective decisions. Order is deemed necessary because individuals need to cooperate to survive, but (...) groups cannot spontaneously secure collective decisions and are prone to conflicts. Particularly, the fact that potentially violent conflicts emerge unilaterally means that order requires coercion. I conclude that mischaracterizing conflict and order leads to undesirable normative principles, and that this criticism can be leveraged not only against Rawlsian liberals who moralize conflicts away, but also against some agonists who underestimate the need for order and some communitarians who underplay both circumstances. (shrink)

In this paper I unpack a realistic conception of politics by tightly defining its constitutive features: conflict and order. A conflict emerges when an actor is disposed to impose his/her views against the resistance of others. Conflicts are more problematic than moralists realize because they emerge unilaterally, are potentially violent, impermeable to content-based reason, and unavoidable. Order is then defined as an institutional framework that provides binding collective decisions. Order is deemed necessary because individuals need to cooperate to survive, but (...) groups cannot spontaneously secure collective decisions and are prone to conflicts. Particularly, the fact that potentially violent conflicts emerge unilaterally means that order requires coercion. I conclude that mischaracterizing conflict and order leads to undesirable normative principles, and that this criticism can be leveraged not only against Rawlsian liberals who moralize conflicts away, but also against some agonists who underestimate the need for order and some communitarians who underplay both circumstances. (shrink)