Must principles of justice be practical? Some political philosophers, the “implementers,” say yes. Others, the “idealists,” say no. Despite this disagreement, the implementers and idealists agree on what “practical” means, subscribing to the “implementation-prediction” conception of practicality. They also seem to agree that principles of so-called “ideal theory” need not be IP-practical. The implementers take this as a reason to reject ideal theory as an approach to principles of justice, while the idealists do not. In this paper, I argue that (...) we should reject the IP conception of practicality. The implementers make a mistake, then, by requiring principles of justice to be IP-practical. But the idealists make a mistake, too, by rejecting in general the requirement that principles of justice be practical. For there is a plausible alternative conception of practicality that political philosophers should accept: the “experimentation-learning” conception. EL-practicality makes for a more realistic and epistemically accessible standard of practicality, and thus should be welcomed by the realistically-inclined implementers. It also preserves a crucial role for ideal theory, so should be welcomed by the idealists, too. (shrink)

Economists now have the data to generate a high‐resolution picture of the economic inequalities within the very top fractions of income and wealth and between the top‐most fractions and others that have emerged since the early 1980s. I shall refer to these inequalities collectively as “the new inequality.” I argue that the moral value of solidarity can be used to raise pointed moral questions about the new inequality. In most cases, however, I shall raise such questions without answering them. For (...) I contend that solidarity functions more usefully as part of an articulate hermeneutic of suspicion—that is, as a central element in skepticism about economic inequalities and their justifications. Seeing that it functions in this way, we can see one contribution religious ethics makes to an inquiry into the new inequality. (shrink)

This essay serves as an introduction to five papers on economic inequality in this issue of the Journal of Religious Ethics. In addition to introducing the articles individually, the essay also gives a brief overview of recent economic developments that have led religious ethicists to call attention to the issue of inequality.

ABSTRACT This essay challenges the view that John Rawls's recently published undergraduate thesis A Brief Inquiry into the Meaning of Sin and Faith provides little help in understanding his mature work. Two crucial strands of Rawls's Theory of Justice are its critique of teleology and its claims about our moral nature and its expression. These strands are brought together in a set of arguments late in Theory which are important but have attracted little sustained attention. I argue that the target (...) of Rawls's undergraduate thesis is a form of Christianity which rests on assumptions Rawls later came to think were fundamental to teleological views, and that the thesis defends an alternative form of religiosity that anticipates what Rawls says in Theory about the expression of our nature. Those sections of Theory also provide resources Rawls could have used to respond to a number of prominent and recurrent criticisms of his account of moral motivation. Seeing the continuities between Brief Inquiry and Theory of Justice shows how long Rawls wrestled with problems he took up in the neglected sections of Theory and thereby shows their importance to Rawls's thought. (shrink)

My intention in this essay will be to explore the role that consent-based arguments perform in Kant's political and legal philosophy. I want to uncover the extent to which Kant considered that the legitimacy of the State and of its laws depends upon the outcome of intersubjective deliberation. Commentators have divided over the following question: Is Kant best viewed as a member of the social contract tradition, according to which the legitimacy of the state and of the laws it promulgates (...) derives from the consent of those people over whom it claims authority, or should he be read as having put forward a secularized version of natural law theory, according to which the state and its laws are legitimate to the extent that they are attained by standards of sound reason and supported by an objective account of the human good? (shrink)

Wendy Donner'sThe Liberal Self: John Stuart Mill's Moral and Political Philosophyis an important and thought-provoking addition to the growing body of literature seeking to rescue Mill's practical philosophy from the rather lowly place it occupied in the estimation of many philosophers earlier this century, and to present him as a philosopher whose views form a coherent, systematic whole that can still contribute significantly to numerous moral and political debates. The book proposes an interpretation of the whole of Mill's practical philosophy, (...) and attempts to reveal how aspects of Mill's thought, hitherto considered incompatible, actually mutually support one another. At the same time, Donner sets many of Mill's positions in the context of contemporary moral and political philosophical debates, and finds that on a number of important issues, his thought stands up rather well against more recent work. (shrink)

Peter Vanderschraaf’s Strategic Justice is a powerful elaboration and defense of what he calls ‘justice as mutual advantage’. Vanderschraaf opens Strategic Justice by observing that ‘Plato set a template for all future philosophers by raising two interrelated questions: (1) What precisely is justice? (2) Why should one be just?’. He answers that (1) justice consists of conventions which (2) are followed because each sees that doing so is in her interest. These answers depend upon two conditions which Vanderschraaf calls Baseline (...) Consistency and Negative Mutual Expectations. I contend that the plausibility of the first condition depends upon principles which are prior to Vanderchraaf’s conventions of justice and that the second condition does not account for the interest Vanderschraaf must think we take in those principles. I therefore worry that Vanderschraaf does what he accuses other theorists of justice as mutual advantage of doing: going outside the bounds of justice as mutual advantage. To lay the groundwork for his conditions, Vanderschraaf analyzes the circumstances of justice. I argue that, his claims to the contrary notwithstanding, he does not take the circumstances to be the kind of conditions Hume takes them to be, but that he has good reason to do so. (shrink)

This paper summarizes and rebuts the three standard objections made by social choice theorists against interpersonal utility. The first objection argues that interpersonal utility is measningless. I show that this objection either focuses on irrelevant kinds of meaning or else uses implausible criteria of meaningfulness. The second objection argues that interpersonal utility has no role to play in social choice theory. I show that on the contrary interpersonal utility is useful in formulating goals for social choice. The third objection argues (...) that interpersonal utility in social choice theory can be replaced by clearer notions. I show that the replacements proposed are unsatisfactory in either interpersonal utility's descriptive or explanatory role. My conclusion is that interpersonal utility has a legitimate place in social choice theory. (shrink)

Governments are subject to the requirements of justice, yet often seem to go above and beyond what justice requires in order to act in ways many people think are good. These kinds of acts – examples of which include putting on celebrations, providing grants to poets, and preserving historic architecture – appear to be acts of government supererogation. In this paper, I argue that a common view about the relationship between government, coercion, and justice implies that most such acts are (...) not supererogatory, but wrong. Many will find that conclusion unattractive, but rejecting the common view that implies it raises problems, too. (shrink)

There is an underappreciated disconnect between the ultimate values that lie at the heart of contemporary theories of distributive justice, and the practice of state institutions. State institutions deliver “intermediate goods” – goods such as health-care, education, housing, transportation, and the like – that are instrumental to a society being distributively just, but that do not in an of themselves constitute criteria of justice. Researchers who have emphasized the “social determinants of health” provide an insight that, when generalized, point us (...) in a direction that theorists of distributive justice should follow, that of attending not just to the instrinsic value of intermediate goods, but also to their causal contributions to realizing the values that theories of distributive justice make central. “Platforms”, which represent principle-driven attempts at designing compossible policies that attend both to the causal and to the intrinsic value of intermediate goods, should be given more importance within theories of distributive justice if such theories are to be policy-relevant, for they connect the ultimate values of these theories to the practices of state institutions. (shrink)

It seems we have some obligation to aid some others, but it's unclear why, to whom, and to what extent. Many consequentialists claim that we are obligated to help everyone to the marginal utility point but they do so without examining why we are obligated to aid others at all. I argue that we must investigate the basis of our duty to aid others in order to determine the nature and extent of our obligation. Although some consequentialists, notably, Kagan, Singer (...) and Unger, present arguments intended to justify some of consequentialism's most counter-intuitive demands, they take the less counter-intuitive demands for granted and justify the steeper demands on the basis of their relevant similarity to the more palatable ones. The result of this strategy is that many of consequentialism's steeper demands free-ride on a superficial similarity with less taxing demands. This allows consequentialism to broaden our obligations beyond the reach of justification. I examine three possible explanations of our duty to aid others, namely, intuition, fairness and self-interest, and argue that none of them justify consequentialism's runaway demands. (shrink)

In Self‐Ownership, Freedom, and Equality, G.A. Cohen argues that libertarianism does not follow from respect for freedom, and that libertarianism cannot be grounded on self‐ownership. Cohen's arguments are, for the most part, compelling. That leaves the libertarian philosopher the options of either moving leftwards—for example, along the lines of Philippe Van. Parijs's Real Freedom for All—or embracing some form of consequentialism. Either way, the result is the abandonment of characteristically libertarian political philosophy.

It has recently been contended that the rise of populism in the US, culminating in the election of Donald Trump, vindicates liberal political theory, and the liberal political theory of John Rawls in particular. For the election of someone like Trump is just what Rawls’s theory would lead us to expect. Rawls’s theory would lead us to expect it because Rawls thought that if a liberal democracy is to be stable, it must satisfy the demands of reciprocity. But there is (...) ample evidence that the contemporary US flouts those demands, and so an angry backlash of the sort that carried Trump to the White House is not surprising. I draw on research sociologist Arlie Hochschild did among voters on the American right to show that the failure of reciprocity which explains Trump’s election is not a failure of exactly the form of reciprocity Rawls had in mind. The difference between the two forms of reciprocity is suggestive. It suggests the sort of policy conclusions liberals and progressives ought to draw from Rawls’s theory to address our current predicament. (shrink)

I will characterize the utilitarian and maximin rules of social choice game-theoretically. That is, I will introduce games whose solutions are the utilitarian and maximin distributions respectively. Then I will compare the rules by exploring similarities and differences between these games. This method of comparison has been carried out by others. But I characterize the two rules using games that involve bargaining within power structures. This new characterization better highlights the ethical differences between the rules.

In this Special Issue of Journal of Critical Realism on Normativity, Elder-Vass has provided a paper that in part responds to one that Chris Winship and I wrote together, which was presented at the...

A concept that can be expressed by the term ‘rationality’ plays a central role in both epistemology and ethics -- and especially in formal epistemology and decision theory. It is argued here that when the term is used in this way, the concept of “rationality” is the concept of a kind of virtue, with all the central features that are ascribed to the virtues by Plato and Aristotle, among others. Interpreting rationality as a kind of virtue helps to solve several (...) problems, such as the relations between “rationality” and “rational requirements” and between “propositional” and “doxastic justification”, and to answer objections to the thesis that “rationality” is a normative concept that are based on the principle that ‘ought’ implies ‘can’. (shrink)

We shall argue that there is adequate moral justification for capital punishment with linkage, that is, with linkage to keeping non-murderers from dying. We present the argument with two aims in mind. The first is to question the conventional wisdom, seldom challenged even by proponents of capital punishment, that being an abolitionist is closely connected to having a civilized respect for human life. This conventional wisdom, we hope to show, is somewhat off the mark. To this end we exhibit structural (...) similarities between so-called lifeboat dilemmas and the public's relationship to a murderer. In a lifeboat dilemma one must choose between saving this life or that, since the lifeboat will not hold both persons. Now if this life were an innocent's and that one a murderer's, a choice to save the latter would not be met with accusations of callousness towards human life. We hope to project everyone's intuitions about this case onto the more baffling case of a society's relationship to the murderers and dying innocents in its midst. (shrink)

I present a persistent religious moral theory, known as divine command theory, which conflicts with liberal political thought. John Rawls's notion of public reason offers a framework for thinking about this conflict, but it has been criticized for demanding great restrictions on religious considerations in public deliberation. I argue that although Paul Kurtz is critical of organized religion, his epistemological suggestions and ethical theory offer a feasible way to build common moral ground between atheists, secularists, and theists, so long as (...) each maintains the important democratic value of toleration in the form of either fallibilism or skepticism. (shrink)

Some people of colour feel shame in response to racist incidents. This phenomenon seems puzzling since, plausibly, they have nothing to feel shame about. This puzzle arises because we assume that targets of racism feel shame about their race. However, I propose that when an individual is racialised as non-White in a racist incident, shame is sometimes prompted, not by a negative self-assessment of her race, but by her inability to choose when her stigmatised race is made salient. I argue (...) that this can make sense of some shame responses to racism. My account also helps to highlight some of the emotional and cognitive costs of racism that have their root in shame as well as a new form of hermeneutical injustice and distinctive communicative harms, contributing to a fuller picture of what is objectionable about racism. (shrink)

Technology penetrates into all areas of our everyday and individual life and changes it in a considerable speed. This applies particularly to developments of information and communication technology since this technology shows its effects not only at our workplaces but transforms and sometimes determines the social behavior of people. Unfortunately, development and use of technology certainly doesn't go hand into hand with the acceptance of responsibility for consequences of effects of developing and using technology. Instead, the opposite behavior is quite (...) common. If this process of the rejection of responsibility shall be stopped, the sensibility of developers and users of technology for consequences of their own behavior have to be aroused and strengthened. In the following text at first I will describe some reasons to formulate ethical guidelines. After this, with the example of the ethical guidelines of the German Gesellschaft für Informatik e. V. (GI), I will discuss, whether such ethical guidelines are ethical in the strict sense of the word and whether they actually can be a contribution to accomplish the striven aim of assignment of responsibility for the results of developing and using technolog. (shrink)

This research builds on previous investigations seeking to understand how individuals reason about moral problems. Our research includes a preliminary investigation about Millennials and a cross‐generational analysis using secondary research data to understand this emerging generation's moral reasoning and assess trends in moral reasoning over time. This study addresses content‐bias in moral reasoning by using a new instrument with business‐based dilemmas, the Moral Recognition Interview, based on the well‐established moral reasoning framework of Lawrence Kohlberg. Results show that the Millennials in (...) this study exhibit differences in moral reasoning based on gender, intelligence, work experience, and academic major, however not necessarily in an expected manner. Differences in moral reasoning were found when the context or “story pull” of the ethical dilemmas presented is considered. In addition, a comparison to other studies shows that business student Millennials tend to reason at lower levels of cognitive moral reasoning than non‐business college students, as well as college students in the 1960s–1970s (Baby Boomers) and in the 1980s–1990s (Generation Xers). (shrink)

There are two discourses that are used in connection with the provision of good healthcare: a rights discourse and a beneficial design discourse. Although the logical force of these two discourses overlaps, they have distinct and incompatible implications for practical reasoning about health policy. The language of rights can be interpreted as the ground of a well-designed healthcare system stressing the values of equality and inclusion, but it has less application when dealing with questions of cost-effectiveness. This difference reflects the (...) distinction between the deontological status of rights claims and a teleological approach presupposed in the language of beneficial design. However, the value of the separateness of persons contained in the discourse of rights can impose constraints on the adoption of a simple maximizing principle when thinking about the allocation of healthcare resources within a social contract for health. Throughout these issues are discussed by reference to the work of Peter Jones. (shrink)

This paper identifies and responds to four critiques of democratic contractarianism, as advocated in Democratic Justice and the Social Contract, to be found in this symposium. The first is that, as a contingent practice-dependent account of justice, democratic contractarianism lacks the capacity to explain civic cooperation. The second is that, despite its intentions, Democratic Justice does not lay out an authentic contractarian theory. The third is that the theory is incompatible with our considered judgements about justice. And the fourth is (...) that the ambition of Democratic Justice to use the empirical method to compensate for the failures of hypothetical contract theory fails because all social science needs interpretation. To each of these critiques, replies are offered, drawing attention to the way in which democratic contractarianism exemplifies a logic of social cooperation to mutual advantage that is compatible with justice provided the cooperation emerges from a bargaining situation of roughly equal power. (shrink)

The two books offer a contextual reinterpretation of Rawlsian and post-Rawlsian liberalism. Nelson’s main thesis is that debates in liberal political theory re-enact theological debates about theod...

: This essay considers whether liberal political theory has tools with which to count gender, and so gender relations, as political. Can liberal political theory count subordination among the harms of sex inequality that the state ought to correct? Watson defends a version of deliberative democracy—liberalism—as able to place issues of social inequality in the form of hierarchical social identities at the center of its normative commitments, and so at the center of securing justice.

A common theme of libertarians is that there is a conflict between the values of liberty and equality. Achieving equality, so libertarians often argue, would require frequent interference in individuals’ lives, creating constraints on freedom and obstacles to the development of individuality. Although not himself endorsing a libertarian conception of liberty, Oxford philosopher G.A. Cohen recently has advanced the surprising thesis that there is a tension in Marxist normative thought that in an interesting way parallels the often heard libertarian challenge (...) to egalitarianism. (shrink)

ABSTRACTIt is widely recognized among proponents of liberal democracy that healthy democratic politics requires public reason based upon a citizenry engaged in political discourse and institutional...

Abstract.This paper seeks to suggest a jurisprudential grounding for the European Community, and seeks to do so by using a specifically Kantian philosophy of law. Kant's observations on the nature of transnational orders, like so much of his political theory, have tended to be overlooked. To do so is to overlook one of the great political and jurisprudential treasures in modern western thought. It will be suggested that a proper understanding of a Kantian normative order, and the application of such (...) a model to the European Community will serve to dispel much of the confusion and sometimes near histrionic commentaries which have characterised recent attempts to understand the jurisprudence of the Community. (shrink)

This paper focuses on the claim that luck egalitarianism is incompatible with Marxian theory because it allows for the possibility of a ‘clean path’ to capitalism. It explores the nature and structure of the clean path argument generally and critically discusses luck egalitarian versions of the argument. It contends that the Marxian theory of exploitation can meet the challenge of the clean path to capitalism argument, that luck egalitarianism and the Marxian theory of exploitation are not incompatible, and that luck (...) egalitarianism can explain why Marxian exploitation is unjust. (shrink)

It is widely agreed that reactive attitudes play a central role in our practices concerned with holding people responsible. However, it remains controversial which emotional attitudes count as reactive attitudes such that they are eligible for this central role. Specifically, though theorists near universally agree that guilt is a reactive attitude, they are much more hesitant on whether to also include shame. This paper presents novel arguments for the view that shame is a reactive attitude. The arguments also support the (...) view that shame is a reactive attitude in the sense that concerns moral accountability. The discussion thereby challenges both the view that shame is not a reactive attitude at all, suggested by philosophers such as R. Jay Wallace and Stephen Darwall, and the view that shame is a reactive attitude but does not concern moral accountability, recently defended by Andreas Carlsson and Douglas Portmore. (shrink)

This article critiques the ‘withdrawal approach’ to deparochializing global justice and argues for an approach that views ‘departure’ from mainstream theorization as integral to truly critical engagement. It introduces Aakash Singh Rathore’s approach to deparochialization – purportedly founded on Amartya Sen’s The Idea of Justice – as an example of ‘withdrawal approach’ which advocates repudiation of the West-centric and ‘profession-oriented’ academic debate on global justice, and promotion of context-sensitive theories. I argue that Rathore’s ‘withdrawal approach’ springs from an inaccurate reading (...) of Sen’s The Idea of Justice and hence overlooks the critical spirit of Sen’s engagement with the global heritage of ideas and 'critical departure’ from parochial theories. This article further explores three analytical forms of parochialism that dominant theories of global justice may suffer from: epistemic, conceptual and descriptive. Using the case of India’s superrich and their culpability in global poverty, I demonstrate the parochial construction of ‘duties’ in Thomas Pogge’s theory of global poverty. I argue that deparochializing global justice, involving critical engagement with existing theorization along conceptual and descriptive lines, can illuminate a new way forward in global justice research. (shrink)

Despite a growing interest in and sympathy with Confucianism, there remains a stereotyped conception of Confucian civil order as a form of authoritarian hierarchy that is responsible for various oppressions in ancient China and is reprehensible from a modern egalitarian perspective. One central target of this modern criticism is the Confucian maxim of sangang 三綱, whose underlying idea is essential for regulating the relationship between sovereign and subject, father and son, and husband and wife in traditional Confucian society. Tu Wei-ming (...) translates sangang as the “Three Bonds” and argues that it is the “least defensible legacy of Confucian ethics” from the “modern egalitarian and liberal perspective.” For Tu.. (shrink)

Various attempts have been made to interpret Confucian ethics in the framework of consequentialist ethics. Such interpretations either treat Mencius theory of moral choice as a kind of act-utilitarianism or attribute to Mencius a rather sophisticated consequentialist moral view. In this paper I challenge such interpretations and try to clarify the nature of the Confucian conception of the good. In order to show that the Confucian good is teleological but non-consequentialist, I will discuss different ways (especially those of John Rawls (...) and Alasdair MacIntyre) of classifying ethical theories and show their bearing on my interpretation of Confucian ethics. I will then discuss the consequentialist (utilitarian) understanding of early Confucians, arguing that without a proper understanding of the overall character of Confucian ethics and its primary concern, no interpretation of the Confucian conception of the good may claim to be adequate. (shrink)

Existing accounts of the Rule of Law are inadequate and require fleshing out. The main value of the ideal of rule of law for liberal political theory lies in the notion of predictability, which is essential to individual autonomy. The author examines this connection and argues that conservative theories of rule of law claim too much. Liberal theory equates the rule of law with legality, which is only one of the elements necessary for a just social order.

In this paper, I examine the terms on which John Simmons rejects all arguments for a moral obligation to obey the law and so defends “philosophical anarchism.” Although I accept his rejection of several criteria on which others might and often do insist, I criticize his reliance on the conditions of “generality” and “particularity.” In doing so, I propose an alternative to his influential conception of legitimacy.

In recent years there has been growing interest in the contrast between Humean theories of property, on the one hand, and Lockean and Rousseauian theories, on the other. The contrast is a broad and abstract one, along the following lines.

Several developments in the measurement of justice have drawn on Amartya Sen’s work on capabilities. This article addresses the relationship between Sen’s theoretical work and its interpretation in the measurement of justice, in particular by the United Nations Development Project and by the British Equality and Human Rights Commission and Government Equalities Office in its Equality Measurement Framework. It starts with a review of the diverse interpretations of Sen’s work, which range from considering it to be an innovative radical development (...) to locating his work within the liberal tradition. Central to the article is the question of whether it is possible to develop a meaningful operationalization of Sen’s philosophical distinctions, in particular that between capabilities and functionings, so as to inform measurement frameworks. It finds that on both conceptual and methodological grounds it is not possible to sustain this distinction in practice. This is illustrated by an analysis of the changing measurement of justice in frameworks developed by the UNDP and the UK government. Changes in the content of the measurement frameworks in radical or neoliberal directions are not constrained by Sen’s theoretical analysis, despite claims that Sen’s work informs these frameworks. The openness of Sen’s work means that it can be used by forces generated by the neoliberal environment to support their redefinition of justice. (shrink)

This article adapts John Rawls’s writings, arguing that past injustice can change what we ought to publicly affirm as the standard of justice today. My approach differs from forward-looking approaches based on alleviating prospective disadvantage and backward-looking historical entitlement approaches. In different contexts, Rawls’s own concern for the ‘social bases of self-respect’ and equal citizenship may require public endorsement of different principles or specifications of the standard of justice. Rawls’s difference principle focuses on the least advantaged socioeconomic group. I argue (...) that a historicized difference principle considers the relative standing of racial, gender, and other historically stigmatized groups; provides their members assurance by weakening incentives to manipulate justice to another group’s advantage; and may result in policies resembling reparations, though justified by forward-looking considerations of self-respect and public assurance. I then examine how disrespectful justifications were historically used to forcibly include indigenous peoples as citizens. While Rawls thinks providing citizens one package of basic liberties signals respect, indigenous self-government could better support self-respect. I invoke Rawlsian international justice, which calls for mutual respect between peoples. Indigenous peoples’ status should reflect their past and persisting peoplehood, providing assurance by weakening incentives to unjustly transform international into domestic contexts. (shrink)