What grounds human rights? How do we determine that something is a genuine human right? This chapter offers a new answer: human beings have human rights to the fundamental conditions for pursuing a good life. The fundamental conditions for pursuing a good life are certain goods, capacities, and options that human beings qua human beings need whatever else they qua individuals might need in order to pursue a characteristically good human life. This chapter explains how this Fundamental Conditions Approach is (...) better than James Griffin’s Agency Approach as well as Martha Nussbaum’s Central Capabilities Approach. It also shows how it can be compatible with the increasingly popular Political Conceptions of human rights defended by John Rawls, Charles Beitz, and Joseph Raz. (shrink)

Superstars are not by accident a conspicuous phenomenon in our culture, but inherently belong to a meritocratic society with mass media, free enterprise, and competition. To make this contention plausible I will use Caillois's book, Man, Play and Games, to compare the mechanisms underlying the superstar phenomenon with a special kind of game, as set out by Caillois. As far as I know, Caillois's book is not quoted in the literature dealing with income distribution theories, although the comparison with play (...) and games is, for limited purposes, interesting. In play and games we find almost all elements which play a role in theories of just income distribution: equality of opportunity, chance, talent, competition and skill, reward, entitlement, winners and losers, etc. These are not chance similarities, for “… games are largely dependent upon the cultures in which they are practised. They affect their preferences, prolong their customs, and reflect their beliefs … One … can … posit a truly reciprocal relationship between a society and the games it likes to play”. Moreover, as we will see, superstars combine the four basic characteristics of play that make their activities a special kind of play. (shrink)

Many political theorists of multiculturalism describe their theories as “contextualist.” But it is unclear what “contextualism” means and what difference it makes for political theory. I use a specific prominent example of a multiculturalist discussion, namely Tariq Modood’s argument about “moderate secularism,” as a test case and distinguish between different senses of contextualism. I discuss whether the claim that political theory is contextual in each sense is novel and interesting, and whether contextualism is a distinct feature of political theory of (...) multiculturalism. I argue that the forms of contextualism which concern the scope and methodology of political theory are sensible, but not novel or distinctive of multiculturalism. I then discuss the more controversial forms of contextualism, which I call political and theoretical contextualism. Finally, I apply the distinctions to Modood’s argument. I argue that it is not a form of theoretical contextualism and that theoretical contextualism would in fact undermine arguments for multiculturalist policies of accommodation. (shrink)

Many contributions to the philosophical debate about conceptual and normative issues raised by the refugee crisis fail to take properly account of the difference between ideal and nonideal theory. This makes several otherwise interesting and apparently plausible contributions to the philosophy of the refugee crisis problematic. They are problematic in the sense that they mix up ideal and nonideal aspirations and assumptions in an incoherent way undermining the proposed views. Two examples of this problem are discussed. The first example is (...) David Miller’s contribution to the conceptual debate about how we should understand refugeehood. The second example is a common argument from the normative debate about how states should discharge their duties to help refugees, namely the claim that states should help in neighboring countries rather than by taking in more asylum seekers. Both are examples of arguments about how we should understand or respond to the refugee crisis, which appear to offer coherent principles for the moral guidance of political actors but which are actually incoherent as principles of practical reasoning for the context they aim to address. (shrink)

When studying the feasibility and justice of basic income, researchers usually assume that policymakers would be introducing the unconditional benefit to a closed economic entity. When contemplating the introduction of a universal policy, few researchers take into consideration the fact that citizens and foreigners migrate, and that this movement alters the size and skill structure of the population. This article addresses this oversight by analyzing how basic income schemes based on residence or citizenship may affect tax base, wages, and employment (...) while incorporating migration incentives. The discussion is based upon neoclassical labor supply and migration theory and informed by the conjectured economic effects from a normative perspective. This research suggests that a basic income would create migration incentives that reduce the tax base, leading us to question this policy’s feasibility. Moreover, the flow-on effects of migration call into question the justice of both residence-based and citizenship-based basic income schemes. Therefore, this article sheds light on how basic income’s feasibility and justice relate to each other and identifies the benefits and further opportunities for interdisciplinary social policy research. (shrink)

In democratic political systems, political equality is often defined as an equality of opportunity for influence. But inequalities in resources and status affect the capacity of disadvantaged citizens to achieve an effective political equality. One common thread running through recent democratic innovations is the belief that appropriate institutional devices and procedures can alleviate the impact of background inequalities on the presence and voice of the disadvantaged within those designs. My objective is to achieve a clearer understanding of the conception of (...) political equality that informs a specific subset of these designs: deliberative mini-publics. I focus firstly on the methods of participant selection advocated to secure equal presence. According to what principle is participation distributed? If it is according to the ‘equal probability’ principle, rather than ‘equal opportunity’, what difference does this make in terms of political equality? Secondly, achieving equality of voice is usually conceived in terms of equalising opportunities for influence among participants. How is this objective understood and what does this say about the underlying conception of political equality? (shrink)

In democratic political systems, political equality is often defined as an equality of opportunity for influence. But inequalities in resources and status affect the capacity of disadvantaged citiz...

This article suggests that the introduction of employment protection rights for whistleblowers has implications for the way in which trust and loyalty should be viewed at the workplace. In particular, it is argued that the very existence of legislative provisions in the United Kingdom reinforces the notion that whistleblowing should not be regarded as either deviant or disloyal behaviour. Thus, the internal reporting of concerns can be seen as an act of trust and loyalty in drawing the employer's attention to (...) wrongdoing. Equally, external whistleblowing may result from a worker's belief that he or she also has a loyalty to the wider society. Given that the interests of employees do not necessarily coincide with those of their employer and that whistleblowers sometimes suffer reprisals, the author concludes that it is inappropriate to impose a contractual duty to report concerns. Instead, employers should endeavour to promote a culture of openness and create confidence in the mechanisms they provide for whistleblowing. (shrink)

Adding to the literature on the feasibility of deliberative democracy, this article catalogs the practices, institutions, and psychological proclivities that have been cited as obstacles to the realization of a deliberative democratic politics. It then makes the case that one of the irremediable obstacles, ideology, is also the the necessary starting point for actual deliberation.

This paper shows that the problem of treating people as equals in a world marked by deep-seated and, often, recalcitrant inequalities has implications for the way we approach the provision of security and justice. On the one hand, it means that racial profiling will generally be unjustified even when it might promote collective interests in security, on the other, it means that we should strive to create racially mixed juries, even in cases where defendant and alleged-victim are of the same (...) race. The paper examines a recent report on race and jury trials in the United Kingdom and concludes that, despite the author's claims that all-white juries are fair, the data shows the complex ways in which racial differences are translated into unjustified and arbitrary inequalities. Hence, it concludes, racially mixed juries are desirable, and sometimes necessary for justice, though probably not sufficient. (shrink)

:In this essay, I argue against the bright-line distinction between ideal and nonideal normative political theory, a distinction used to distinguish “stages” of theorizing such that ideal political principles can be deduced and examined before compromises with the flawed political world are made. The distinction took on its familiar form in Rawls and has enjoyed a resurgence of interest in the past few years. I argue that the idea of a categorical distinction — the kind that could allow for a (...) sequencing of stages of theorizing — is misconceived, because wholly “ideal” normative political theory is a conceptual mistake, the equivalent of taking the simplifying models of introductory physics and trying to develop an ideal theory of aerodynamics. Political organization and justice are about moral friction in the first instance. I examine both logical and epistemological arguments for the position that we need the uniquely idealizing assumptions of ideal theory in order to arrive at, or to know, a genuine theory of justice or political morality; and I find them wanting. Such assumptions as full compliance, consensus, and the publicity principle of universal knowledge about consensus can sometimes be useful, if used carefully and with justification; but they are not categorically different from other idealizing and abstracting assumptions in generating normative theory. What is referred to as “nonideal” theory is all that there is, and it is many kinds of theory, not one — the many ways in which we learn about justice and injustice, and seek to answer questions of practical reason about what ought to be done in our political world. (shrink)

The article examines the relationship between a wrongdoer and his victim. Based on this examination, a justification for criminal punishment is proposed. It is argued that crime violates thea prioriequality of constituent boundaries and of infinite human value between the wrongdoer and the victim. Criminal punishment re-equalizes respective boundaries and infinite human value. To develop this argument, the article observes how subject-subject boundaries are essential for the formation of separateness between subjects - separateness which is recognized and acknowledged by them (...) in a cooperative process. The article further discusses the value of boundaries and the significance of theira prioriequality in every human relationship. It then shows how crime, which is intrusion of the victim’s boundaries, works to demolish the victim’s self-recognizing separateness and hence to create inequality in the parties’ value. Last, the article demonstrates that only punishment can reset the relationship between the parties and re-equate their (still infinite) human value in the relationship. (shrink)

Technoscientific developments, especially those which operate on/with human beings, are contributing to their reconfiguration in some new, unprecedented ways. Ethics too is revising radically its own field, probing its own foundations. Sensitive to both movements, bioethics is at a difficult crossroads when much is demanded of it. This paper proposes to contribute to the elucidation of the role of philosophical ethics in the area of bioethics through a critical reading of three of our major contemporary philosophers who have been attempting (...) to meet the challenges of (post)modernity. (shrink)

The central notion in this article is ‘pluriform accommodation,’ a term that we have coined to defend two lines of thought. The first is a plea for inclusive and consequential neutrality; the second is a closely linked plea for reasonable accommodation. With ‘pluriform accommodation’ we emphasize that the multicultural recognition scope should be expanded. The need for inclusive and accommodative rules, laws, and practices is a matter of principle and as such cannot be reduced to the inclusion of people with (...) an immigration background who bring with them all kinds of ethnocultural and religious practices, convictions, and traditions. Furthermore, the enshrined freedom of religion does not provide the needed protection for the multiplicity of conscientious identifications, convictions, and strong allegiances that might be central to one’s sense of self. We argue that we should not engage in (top down) debates about the rights of individuals and groups of different types and think in terms of identity hierarchies, but instead should consider the various claims being made (bottom up), aiming for common standards and criteria to assess the validity of these claims and the reasonableness of the associated accommodations. (shrink)

The central notion in this article is ‘pluriform accommodation,’ a term that we have coined to defend two lines of thought. The first is a plea for inclusive and consequential neutrality; the second is a closely linked plea for reasonable accommodation. With ‘pluriform accommodation’ we emphasize that the multicultural recognition scope should be expanded. The need for inclusive and accommodative rules, laws, and practices is a matter of principle and as such cannot be reduced to the inclusion of people with (...) an immigration background who bring with them all kinds of ethnocultural and religious practices, convictions, and traditions. Furthermore, the enshrined freedom of religion does not provide the needed protection for the multiplicity of conscientious identifications, convictions, and strong allegiances that might be central to one’s sense of self. We argue that we should not engage in (top down) debates about the rights of individuals and groups of different types and think in terms of identity hierarchies, but instead should consider the various claims being made (bottom up), aiming for common standards and criteria to assess the validity of these claims and the reasonableness of the associated accommodations. (shrink)

It is commonly supposed that at least some states possess a moral right against external intervention in their domestic affairs and all human rights violations give members of the international community reasons to undertake preventive or remedial action against offending states. No state, however, currently protects or could reasonably be expected to protect its subjects’ human rights to a perfect degree. In view of this reality, many have found it difficult to explain how any existing or readily foreseeable state could (...) enjoy a moral right of nonintervention without denying the normative force of human rights. This article seeks to reconcile these apparently incompatible commitments by arguing that, in addition to acting in defense of human rights, outsiders must be appropriately responsive to individuals’ distinct and potentially countervailing interests in collective self-determination. I show that, under certain demanding but not unrealistic conditions, individuals’ interests in self-determination are of sufficient weight not simply to ground a judgment against intervention in particular cases but to generate arobust right of nonintervention on the part of some states that nevertheless fail to secure perfect protection of their subjects’ human rights. (shrink)

This article diagnoses and critiques pervasive forms of teleological thought about basic structures of political organization in modern and contemporary political thought: arguments that the sovere...

This article diagnoses and critiques pervasive forms of teleological thought about basic structures of political organization in modern and contemporary political thought: arguments that the sovereign state, the nation-state, or some variant of a cosmopolis both represents the unfolding of history’s moral logic and offers us full moral personhood, agency, and maturity. Despite the received wisdom that modern political thought broke with teleology, I argue that early modern social contract theory was deeply teleological. The emergence of the normatively self-contained sovereign (...) state from the state of nature represented both decisive historical-moral progress from the medieval European non-state polities and the possibility of true moral personhood, thanks to the unity of will and judgment created by a unified authority structure. The article then argues that this overattachment to unity, both as an historical culmination and as a prerequisite to full personhood, was carried over into subsequent nationalist and cosmopolitan thought, where we see over-moralizations of historical processes, excessive claims for the teleological causal force of moral progress, and critiques of the immaturity of those persons who do not live in the recommended political form. The article closes with a sustained critique of both historical and individual-moral teleologies of these sorts. (shrink)

John Rawls's A Theory of Justice is an extremely long and elaborate work. But despite the length and the elaboration there is at the heart of the work a crucial set of unargued assumptions which need to be challenged. When this is done we are in a position to provide additional support for the critical conclusions of several other commentators who concentrate on other features of Rawls's system.

In 2005 the member states of the United Nations recognized a “responsibility to protect” (“R2P”) victims of mass atrocities such as genocide, war crimes, and crimes against humanity. They acknowledged a special role for the U.N. Security Council in responding to these atrocities, including potentially authorizing military action using its extensive powers under Chapter VII of the U.N. Charter. However, the Council has very rarely been able to agree on appropriate action, and the five permanent Council members (“P5”), most notably (...) China and Russia, have often vetoed or threatened to veto Council resolutions authorizing R2P action. The article argues that the veto poses a major impediment to the Council acting on its R2P responsibilities, and that to resolve it, the P5, and all U.N. member states, need to agree on a common ethical approach. The article proposes such an approach based on ethical concepts that are widely endorsed by states, especially in the U.N. Charter and the Universal Declaration of Human Rights, and explores its implications for legal and ethical controversies relating to the role of the Council, its obligations under R2P, and proposed reforms of the veto. (shrink)

Journal of Social Philosophy, EarlyView.

Certain philosophers have argued in favour of recognising a right to freedom of conscience that includes a defeasible right of individuals to live in accordance with their perceived moral duties. This right requires the government to exempt people from general laws or regulations that prevent them from acting consistently with their perceived moral duties. The importance of protecting individuals’ integrity is sometimes invoked in favour of accommodating conscience. I argue that personal integrity is valuable since autonomy, identity and self-respect are (...) all dependent on the preservation of personal integrity. I respond to two objections, one pressed by Andrew Koppelman and the other by Richard Arneson, to the claim that personal integrity is valuable, and to a further argument by Arneson to the effect that it is unfair to others claiming accommodations to exempt those with conscience-based claims. (shrink)

In this article, I defend the thesis that selfishness and altruism can be intrapersonal . In doing so, I argue that the notions of intrapersonal altruism and selfishness usefully pick out behavioural patterns and have predictive value. I also argue that my thesis helps enrich our understanding of the prudential, and can subsume some interesting work in economic and psychological theory.

Nietzsche famously proclaimed the “death of God,” but in so doing it was not God’s death that was really notable—Nietzsche assumes that most reflective, modern readers realize that “the belief in the Christian god has become unbelievable” —but the implications of that belief becoming unbelievable, namely, “how much must collapse now that this faith has been undermined,” in particular, “the whole of our European morality”. What is the connection between the death of God and the death of morality? I argue (...) that Nietzsche thinks the death of God will undermine the “moral egalitarianism” that is central to modern morality, in both its deontological and utilitarian forms. I offer an account of how Nietzsche sees the connection, arguing that no one has yet offered a nontheistic defense of moral egalitarianism. I conclude with some skeptical considerations about whether Nietzsche was right that atheism would, in fact, undermine morality. (shrink)

Do moral properties figure in the best explanatory account of the world? According to a popular realist argument, if they do, then they earn their ontological rights, for only properties that figure in the best explanation of experience are real properties. Although this realist strategy has been widely influential—not just in metaethics, but also in philosophy of mind and philosophy of science—no one has actually made the case that moral realism requires: namely, that moral facts really will figure in the (...) best explanatory picture of the world. This issue may have been neglected in part because the influential dialectic on moral explanations between philosophers Gilbert Harman and Nicholas Sturgeon has focused debate on whether moral facts figure in relevant explanations. Yet as others have noted, explanatory relevance is irrelevant when it comes to realism: after all, according to the popular realist argument, it is inference to the best explanation of experience that is supposed to confer ontological rights. I propose to ask, then, the relevant question about moral explanations: should we think that moral properties will figure in the best explanatory account of the world? (shrink)

In this article I interpret John Rawls’s concept of the original position as a spiritual exercise. In addition to the standard interpretation of the original position as an expository device to select principles of justice for the fundamental institutions of society, I argue that Rawls also envisages it as a “spiritual exercise”: a voluntary personal practice intended to bring about a transformation of the self. To make this argument, I draw on the work of Pierre Hadot, a philosopher and classicist, (...) who introduced the idea of spiritual exercises as central to ancient and modern conceptions of philosophy. By reading Rawls alongside Hadot, this article portrays Rawls as a thinker deeply concerned with the question of how subjects can lead more just and fulfilling lives. It also proposes that the original position as a spiritual exercise can help defend liberalism as a social and political doctrine. (shrink)

While many contemporary political philosophers agree that citizens of a legitimate state enjoy a moral right to civil disobedience, they differ over both the grounds of that right and its content. This essay defends the view that the moral right to civil disobedience derives from a general right to political participation, and the characterization of that right as precluding the state from punishing, but not from penalizing, those who exercise it. The argument proceeds by way of rebuttals to criticisms of (...) both claims recently advanced by Kimberley Brownlee. While in some cases those criticisms fail on their merits, in other cases the responses offered here reveal that the dispute over the ground and content of a moral right to civil disobedience reflects deeper disagreements regarding two foundational issues: first, whether moral rights are best conceived of as defeasible evaluative principles or conclusive normative ones, and second, whether principles of justice should be theorized on the basis of full or partial compliance. (shrink)

This paper argues for the superiority of international law’s existing ban on unilateral secession over its reform to include either a primary or remedial right to secession. I begin by defending the claim that secession is an inherently institutional concept, and that therefore we ought to employ institutional moral reasoning to defend or criticize specific proposals regarding a right to secede. I then respond to the objection that at present we lack the empirical evidence necessary to sustain any specific conclusion (...) regarding an international legal right to secession. Specifically, I argue that we ought to adopt a precautionary approach, and that such an approach justifies giving no weight to promoting political self-determination per se when considering whether to reform international law governing secession. I conclude with several reasons to think that even a remedial right to unilateral secession will detract from, not enhance, the international legal order’s ability to promote peace and human rights. (shrink)

This paper provides a defense of the following thesis: When there is reasonable disagreement over the design of morally necessary collective action schemes, it would not be reasonable to reject the authority of a democratic decision procedure to settle these disputes. My first argument is a straightforward application of contractualist reasoning, and mirrors T. M. Scanlon's defense of a principle of fairness for the distribution of benefits produced by a cooperative scheme. My second argument develops and defends the intuition that (...) treating others morally requires respecting their exercise of moral judgment, or a sense of justice. I conclude by addressing the problem of disagreement over the design of the democratic decision procedure itself, and rebutting Jeremy Waldron's claim that democratic authority is incompatible with judicial review. (shrink)

This paper examines the Adventures of Huckleberry Finn in the light of the early Confucian thinker Mencius, arguing in essence that Mencian theories of moral development and self-cultivation can help us to recover the moral significance of Twain's novel. Although 'ethical criticisms' of Huckleberry Finn share a long history, I argue that most interpretations have failed to appreciate the moral significance of Jim, either by focusing on the moral arc of Huck in isolation or by casting Jim in one-dimensional terms (...) simply as a symbol or example of human dignity. By invoking the Mencian ideas of 'moral power' ( de ), human goodness, and the virtues of sympathy and humaneness, this study attempts to bring into relief the many ways that Jim, particularly in his role as an exemplar, functions as an active force in the moral life of Huck. It is hoped that this revised Mencian reading of Huckleberry Finn can restore the moral center of the novel and contribute to the growing discussion on the virtues in moral education. (shrink)

David Miller argues that national identity is indispensable for the successful functioning of a liberal democracy. National identity makes important contributions to liberal democratic institutions, including creating incentives for the fulfilment of civic duties, facilitating deliberative democracy, and consolidating representative democracy. Thus, a shared identity is indispensable for liberal democracy and grounds a good claim for self-determination. Because Miller’s arguments appeal to the instrumental values of a national culture, I call his argument ‘instrumental value’ arguments. In this paper, I examine (...) the instrumental value arguments and show that they fail to justify a group’s right to self-determination. (shrink)

In this essay Lee examines three questions:1) Is nuclear proliferation dangerous? Is it morally permissible for a state to acquire nuclear weapons? What are morally permissible actions for states trying to keep other states from acquiring nuclear weapons?

ABSTRACTEntrepreneurs should act as stewards of entrepreneurial rent. Entrepreneurial rent is the difference between the ex post value of a venture and its ex ante costs. It is the result of competition among buyers and sellers within the market process rather than the sole efforts of the entrepreneur. As a result, entrepreneurs should allocate entrepreneurial rent for the benefit of other market participants rather than consuming it for themselves. The moral obligation to steward entrepreneurial rent is consistent with traditional bases (...) of property rights and the norm of social welfare maximization, and it applies to corporations and their shareholders, as well as individual entrepreneurs. (shrink)

The principle of national self-determination holds that a national community, simply by virtue of being a national community, has a prima facie right to create its own sovereign state. While many support this principle, not as many agree that it should be formally recognized by political institutions. One of the main concerns is that implementing this principle may lead to certain types of inequalities—between nations with and without their own states, members inside and outside the border, and members and nonmembers (...) inside the same nation state. While these inequalities may arise, I shall argue that they are not unjust. These worries are partly the results of confusing two types of interests that a national group may have—in cultural affairs and in political affairs. While a national community should enjoy rights over their cultural affairs, this does not grant them authority over other non-cultural, political affairs. Once the distinction is drawn, we can see that there are constraints on the implementation of this principle. Consequently, these inequalities justify setting limits to a group’s right of self-government, although they do not conclusively refute the right itself. (shrink)

This paper examines whether or not children’s continued electoral exclusion is morally defensible. Ultimately; there is a deep tension between the egalitarian presuppositions of democracy and our apparent unwillingness to grant children voting rights. Unless a plausible distinction can be found; then; between adults and children that also tracks the underlying reasons for endorsing democracy in the first place; the continued political disenfranchisement of our youngest citizens is shown for what it is: social injustice. e paper begins by exploring some (...) of the conceptual difficulties that childhood creates in relation to democracy. It then assesses the implications of two very different approaches to democracy for children’s voting rights: proceduralism and a child’s supposed right to an open future. (shrink)

Within moral and political philosophy and the social sciences, recent conceptual developments in the concept of recognition cannot be dissociated from an opposition to those theories inspired by what is commonly called rational action theory or the economic model of action. The paradigm of recognition represents the heart of those theories that are both alternative and complementary to the theory of individual action. Nonetheless, this conceptual development calls out for an alliance between political philosophy and the social sciences. We argue (...) that the paradigm of recognition can only be developed to its full potential if it is interpreted in the wake of what Marcel Mauss and the Revue du MAUSS, has called the paradigm of the gift. The gift only takes on its full sense when understood as a means, performer, and symbol of public and/or private recognition. (shrink)

If we were required to sacrifice our own interests whenever doing so was best overall, or prohibited from doing so unless it was optimal, then we would be mere sites for the realisation of value. Our interests, not ourselves, would wholly determine what we ought to do. We are not mere sites for the realisation of value — instead we, ourselves, matter unconditionally. So we have options to act suboptimally. These options have limits, grounded in the very same considerations. Though (...) not merely such sites, you and I are also sites for the realisation of value, and our interests (and ourselves) must therefore sometimes determine what others ought to do, in particular requiring them to bear reasonable costs for our sake. Likewise, just as my moral status grounds a requirement that others show me appropriate respect, so must I do to myself. (shrink)

A referral was made to our Cardiac Transplant Program for a patient who was in the New Jersey Prison System. The Medical Director of the New Jersey Department of Corrections called regarding a 39-year-old inmate who was being treated in a New Jersey hospital that has a unit for prisoners from a nearby cor- rectional facility. The referring physician described the patient to our Medical Director of heart transplantation as a “murderer” who had been incarcerated since 1987 and sentenced to (...) prison for 30 years without eligibility for parole before completion of his 30-year sentence. The patient was being treated in the CCU of the facility and according to preliminary studies, was suffering from a possible dilated cardiomyopathy. There was evidence of a prior cerebrovascular accident (etiology unknown) with a dense hemiplegia of the left side. The patient was alert but unable to care for himself. There were a number of specific tests necessary to evaluate the patient's candidacy for heart transplantation before actually placing him-on a waiting list. However, the transplant director was uncertain about having the patient brought to our facility for further testing and called some members of the Transplant Selection Committee team to discuss the case. (shrink)

In her ‘On the apparent paradox of ideal theory’, Laura Valentini combines three supposedly plausible premises to derive the paradoxical result that ideal theory is both unable to, and indispensable for, guiding action. Her strategy is to undermine one of the three premises by arguing that there are good and bad kinds of ideal theory, and only the bad kinds are vulnerable to the strongest version of their opponents’ attack. By undermining one of the three premises she releases ideal theorists (...) from the paradox, which is as follows. (1) Any sound theory of justice is action-guiding. (2) Any sound theory of justice is ideal. (3) Any ideal theory fails to be action-guiding. Here I shall respond to Valentini in two ways. First, I shall show that both (1) and (2) are false. The falsity of either is sufficient to release ideal theorists from the paradox. Second, I shall show that Valentini’s response to (3) can be extended, because her bad kinds of ideal theory do not necessarily fail to guide action. The cumulative effect of my arguments further strengthens Valentini’s support of ideal theory. I will deal with premises (1) and (2) in Sections I and II, and (3) in Section III. (shrink)