Artificial Intelligence (AI) is predicted to have a deep impact on the future of work and employment. The paper outlines a normative framework to understand and protect human freedom and justice in this transition. The proposed framework is based on four main ideas: going beyond the idea of a Basic Income to compensate the losers in the transition towards AI-driven work, towards a Responsible Innovation approach, in which the development of AI technologies is governed by an inclusive and deliberate societal (...) judgment; going beyond a philosophical conceptualisation of social justice only focused on the distribution of ‘primary goods’, towards one focused on the different goals, values, and virtues of various social practices (Walzer’s ‘spheres of justice’) and the different individual capabilities of persons (Sen’s ‘capabilities’); going beyond a classical understanding of capital, towards one explicitly including mental capacities as a source of value for AI-driven activities. In an effort to promote an interdisciplinary approach, the paper combines political and economic theories of freedom, justice and capital with recent approaches in applied ethics of technology, and starts applying its normative framework to some concrete example of AI-based systems: healthcare robotics, ‘citizen science’, social media and platform economy. (shrink)

Herein, I consider arguments resting on an appeal to a non-existent authority as a species of argument from authority, and ultimately show them to be reliant on arguments from analogy in their inferential force. Three sub-types of argument are discussed: from authorities as yet unborn, no longer living, or incapable of ever doing so. In each case it is shown that an element of arguing from analogy is required since there can be no direct evidence of any assertions of the (...) source. In conclusion, it is suggested that such steps of analogy are employed frequently in traditional arguments from authority. (shrink)

Epistemic rationality seems to permit a more steadfast response to disagreements over our fundamental convictions than it does for our ordinary beliefs. Why is this? This essay explores three answers to this question: web-of-belief conservatism, moral encroachment, and hinge theories, and argues that hinge theories do a better job than the alternatives at vindicating the intuition that there is a rationally permissible asymmetry in our responses to disagreements over ordinary beliefs and fundamental convictions. The essay also shows how hinge theorists (...) can explain the existence of moral hinge propositions, which enables them to account for the rational permissibility of being steadfast in response to disagreements over fundamental moral convictions. (shrink)

Without extending the historical analysis, this article analyzes the relationship between the legal concept of person with regard to the notion of living independently. The concept is normatively established in Article 19 of the CRPD and is presented as a legal fiction. The legal technique of fictio iuris is the premise for analyzing contemporary problems, for example, the attribution of responsibilities to non-human personalities, such as robots. The article, however, develops the problem of attributing rights to persons with disabilities. The (...) contraposition of robots and disabled people, understood as opposing visions of anthropological and human models, is part of the philosophical dispute between humanism and post- or transhumanism. The conception of man appears different if created in the image and likeness of God, or as the fruit of evolution from primates, or as a transhumanist entity that can be replaced by the robot. The latter vision is rooted in the mechanization of the mind triggered by cybernetics and cognitive sciences and referable to problems of justice theory and political philosophy concerning the inclusion in society of disabled people. In this article I will limit myself to analyzing, against the background of this complex problem, the link between person, legal fiction and the right to disability starting from the criticism addressed by Nussbaum to Rawls based on the convention and following the methodology developed by Marchisio and Curto in order to clarify the legal connection between thirdness, disability, and person.However, I go one step further by including the issue of disability as justice within the evolution of the notion of the legal person, through the inclusion of fictio iuris and rhetorical methodology in positive law, as a criterion for the interpretation of art. 19 CRPD. (shrink)

The role of microaggressions has gained increasing philosophical attention in recent years. However, microaggressions only tell part of the story. An often-overlooked component of inequality is the uneven and unjust distribution of microaffirmations. In this paper, I give a new definition of microaffirmations as signals that a recipient belongs to some valued or high-status class. Microaffirmations can—but need not—lead individuals to gain a sense of confidence, belonging, and merit. I then explain the harms of microaffirmations, arguing that when microaffirmations are (...) distributed inequitably, they can have larger ramifications for injustice, harming some vulnerable groups more than others. In addition, microaffirmations can lead individual actors to make choices based on who gives them microaffirmations and where they receive them, and thus can have outsized influence over the direction of an individual’s life because individuals tend to migrate to where they feel valued, appreciated, and included. I then turn to solutions to the problems I raise. I argue we should attend to and attempt to rectify inequalities in microaffirmations because doing so can help ensure not just the absence of negative attention, but also that the presence of positive attention is flowing in a just and equitable way. (shrink)

This paper considers contractarianism as a method of justification. The analysis accepts the key tenets of contractarianism: expected utility maximization, unanimity as the criteria of acceptance, and social-scientific uncertainty of modelled agents. In addition to these three features, however, the analysis introduces a fourth feature: a criteria of rational belief formation, viz. Bayesian belief updating. Using a formal model, this paper identifies a decisive objection to contractarian justification. Insofar as contractarian projects approximate the Agreement Model, therefore, they fail to justify (...) their conclusions. Insofar as they fail to approximate the Agreement Model, they must explain which modelling assumption they reject. (shrink)

In Giorgio Agamben’s eyes, Immanuel Kant’s work is the modern philosophical harbinger of the catastrophic ‘state of exception’. By focusing on the latter’s ‘author/subject corrective’ (whereby the individual is both author and subject in relation to law), I make the connection between Agamben and Kant’s Critique of Pure Reason more apparent. In doing so, I show how Kant’s corrective instrumentalises autonomy in such a way that it compromises the validity it seeks to rationalise; it does so by separating the individual (...) from actuality, by ostracising law from political challenge, and by conflating individual and state interests. Taken together, these three undercurrents are defining features of Agamben’s ‘Homo Sacer’ series. (shrink)

I consider whether Mill intends for us to see the arguments that constitute his defense of the “Liberty of Thought and Discussion” in chapter 2 ofOn Libertyas a part of his larger case for the “harm” or “liberty” principle (LP). Several commentators depict this chapter as a digression that interrupts the flow between his introduction of this principle in the first chapter and his exposition and defense of it in the final three. I will argue instead for a reading ofOn (...) Libertyon which chapter 2 is well integrated with the rest of the essay and is in fact where Mill starts constructing his case for LP. (shrink)

This article argues that all-affected principle needs to be reconceptualized to account for the differences in the historical and current social position of those who are or who should be making legitimacy claims. Drawing on Butler’s theory of vulnerability, this article advances a new and more robust all-affected principle that affords a stronger claim to legitimacy to those most-deeply affected by both the current decision in question and the historical process and practices shaping the choices available. In particular, this article (...) identifies three sets of exclusions of groups and claims that drive this reformulation: first, cases of historical injustice such as indigenous peoples; second, cases of current processes of minoritization which silence or render some groups and opinions as marginal such as women, ethnic minorities or even people in lower economic classes; and third, cases of state establishment of boundaries and ‘worthy’ citizenship such as refugees making claims for relocation and asylum. (shrink)

Residents living in the vicinity of lead smelters are subjected to particularly high levels of contamination from the toxic process of smelting. Yet, public health strategies currently promoted by state health authorities in Australia do not focus their major attention on stopping the contamination at its source. This article focuses on housecleaning regimes, largely implemented by women, aimed at stopping the toxic material from being ingested by children. Because the residential areas surrounding the smelters are degraded, their property value is (...) low and, by and large, working-class families live there. As this article shows, the recommended cleaning regimes are embedded in social class and gender relations. Analysis of the implementation of the strategy and the historical context within which it is administered provides an example of a state gender regime, the state “doing” gender and class, and a lens through which to view contemporary gender and class relations. (shrink)

It is often asserted that people are conditioned to act corruptly by their culture in a way they cannot help themselves. The aim of this paper is to use a multidisciplinary approach, both from political theory and political science, to show that this kind of narrative about corruption is flawed because it is not informative at all about the nature of corruption. This prevents it from leading to any type of meaningful analysis or policy design. We will concentrate on two (...) main flaws: The Triviality Objection, which points out that everything humans do is cultural in some sense or other, and the Circularity Objection, which stresses that attempting to explain why or how corruption becomes part of a specific culture, leads to saying that it is because its members act corruptly. The idea that the cultural causation is flawed becomes persuasive when we contrast that view with our concept of corruption as a special kind of harm to institutional rules: corruption may refer to a parallel set of conventions or rules that undermines the institutional set of morally justified norms. (shrink)

Contemporary political liberalism defends the view that any legitimate law ought to be justified to those reasonable citizens subject to it. A standard way in which to accomplish this task is to construct a set of public reasons, comprised of constitutional essentials and public democratic values, which are then used to justify all political mandates. The dissertation begins with a criticism of this process of justification for outcomes of legitimate procedures of public decision-making. It argues that given how reasons contribute (...) to judgment formation, it is highly optimistic to assume that reasonable consent on procedures of collective decision-making correspond to the justifiability of procedural outcomes. Instead, I argue for an ideal of legitimate decision-making which enables each citizen to assume a threshold level of personal responsibility for all political decisions made by the political collective. Integrating responsibility into a theory of liberal legitimacy requires a reformulation of the rules of public justification. I argue that citizens concerned with making responsible political decisions must be allowed to justify their political positions through both reasonable judgments as well as sympathetic judgments such as compassion for those who live with disability and mercy towards the criminally motivated. The notion of sympathy, as formulated by David Hume and expanded by Adam Smith, provides an account of how individuals’ ethical evaluations are affected by their ability to be in fellow-feeling with other people. A substantial portion of my doctoral thesis considers the situations in which a private judgment couched in sympathetic terms can meet political liberalism’s demands of publicity and reciprocity. (shrink)

This paper concerns what if any obligations a “society of equals” has to criminal offenders after legal punishment ends. In the United States, when people leave prisons, they are confronted with a wide range of federal, state, and local laws that burden their ability to secure welfare benefits, public housing, employment opportunities, and student loans. Since the 1980s, these legal consequences of criminal convictions have steadily increased in their number, severity, and scope. The central question I want to ask is (...) whether the infliction of these burdensome legal consequences for those who have already been punished by the state is consistent with the ideal of equality. I argue that these collateral legal consequences violate relational egalitarian principles of justice and are thus objectionable. I conclude by examining possible objections to my argument. (shrink)

In the third and subsequent editions of Principles of Biomedical Ethics, Tom Beauchamp and James Childress articulate a series of ethical norms that they regard as “derived” from, and hence carrying, the “authority” of the common morality. Although Beauchamp and Childress do not claim that biomedical norms they derive from the common morality automatically become constituents of the common morality, or that every detail of their account carries the authority of the common morality, they regard these derived norms as provisionally (...) binding in a way that does not apply to the norms of mere “particular” moralities. Whereas particular moralities “do not bind other persons or communities,” Beauchamp and Childress have designed the norms of Principles of Biomedical Ethics to be “extensions” of the common morality that universally binds other persons and communities. Beauchamp and Childress seem to hold that (1) the norms they articulate in Principles of Biomedical Ethics are derived in an objective way from the common morality, and also that by virtue of being so derived (2) they carry a moral authority that objectively exceeds the authority of norms constituting particular moralities. My thesis in this essay is that both of these claims are false. (shrink)

In ‘Justice and Nature’, Thomas Nagel claims that social institutions are not responsible for inequalities caused primarily by nature, as opposed to socially caused inequalities. I evaluate this claim. To do so, I distinguish causal responsibility from substantive responsibility. I argue that Nagel rightly identifies conditions in virtue of which social institutions are not substantively responsible for an inequality, but the causal responsibility of nature is irrelevant for that assessment. The natural/social distinction is, I hold, misleading, and I offer two (...) pragmatic reasons to stop using it. Besides, past criticisms to the natural/social distinction have questioned whether identifying the causal responsability of nature for an inequality is descriptively meaningful, epistemically possible, and morally relevant. My reconstruction of Nagel’s view avoids these criticisms, I explain, by depriving the causal responsibility of nature of any role to identify an inequality as naturally caused. Moreover, I show that my reconstruction of Nagel’s view, purged of the natural/social distinction, helps to justify the asymmetrical treatment of class-based inequalities and inequalities among people with different native endowments in the Rawlsian principle of fair equality of opportunity. (shrink)

The piece returns to my earlier challenges of retributivism as the basis of contemporary criminal law, advancing my work on republican political justifications that make central the effect of punishment on citizenship. In short, the justification of punishment should eschew individual retributivist “desert” and focus primarily on the effects of punishment on the entire polity. In particular, this would mean that the effects of mass incarceration would be explicitly a part of justification of punishment. Concretized, members of communities where widespread (...) punishment (incarceration) has damaged collective civic health should explicitly receive discounts on otherwise “retributively justified” punishment. Most obviously, a regime focused on the effect of punishment on civic bonds would explicitly target the vast racial disparities in contemporary punishment regimes, grounding an explicit claim that an African-American or Hispanic defendant from overly punished communities should be punished less and requiring other state resources to secure the safety of the community. While critical, this regime is not solely aimed at racial disparities. This principle would equally address the concentration of punishment in poor, white communities often battered by punishment and policing. Thus, the policy shows a way of building allies across racial lines. (shrink)

How does one committed to the claims of Christ and a biblical story of redemption live Christianly and navigate the competing worldviews encountered in everyday medical practice? Adopting the practical conceptual framework promoted by Reformed Christian philosopher and theologian Albert Wolters, we argue for an all-encompassing biblical understanding of God’s cosmic redemption plan for the entire creation order in contrast to a more typical sacred/secular duality. We then apply the concepts of structure and direction, drawn from a pretheological understanding of (...) human life drawn from the Scripture, to a semi-fictional case study in discerning Christian faithfulness in everyday mundane aspects of medicine. Our subsequent analysis seeks to render an interpretation of what it means to live life consistent with that worldview when confronted with challenges like those presented in the case. (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 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)

The ‘Journal of Global Ethics Editorial Announcement’ in the final issue of 2018 introduced Christine M. Koggel as having joined Eric Palmer and Martin Schönfeld on the editorial team. As announced...

Elgin has presented an extensive defence of reflective equilibrium embedded in an epistemology which focuses on objectual understanding rather than ordinary propositional knowledge. This paper has two goals: to suggest an account of reflective equilibrium which is sympathetic to Elgin’s but includes a range of further developments, and to analyse its role in an account of understanding. We first address the structure of reflective equilibrium as a target state and argue that reflective equilibrium requires more than an equilibrium in the (...) sense of a coherent position. On the one hand, the position also needs to be stable between a ‘conservative’ pull of input commitments and a ‘progressive’ pull of epistemic goals; on the other hand, reflective equilibrium requires that enough of the resulting commitments have some credibility independent of the coherence of the position. We then turn to the dynamics of reflective equilibrium, the process of mutual adjustment of commitments and theories. Here, the most pressing internal challenges for defenders of reflective equilibrium arise: to characterize this process more exactly and to explain its status in relation to reflective equilibrium as a target state. Finally, we investigate the role of reflective equilibrium in Elgin’s account of understanding and argue that objectual understanding cannot be explained in terms of reflective equilibrium alone. An epistemic agent who understands a subject matter by means of a theory also needs to be able to use this theory and the theory needs to meet some external rightness condition. (shrink)

Beginning with a reference to the concept of the political and the idea of stability, the essay turns to an examination of populism from an historical and a normative point of view. While historically populism can be traced to its Roman origins, from a normative perspective, populism rests on a binary opposition between ‘elites’ and the ‘people’. As such, it undercuts its moral claim to universal representation by taking the part for the whole. In the end, this essay argues that (...) populism cannot provide a moral justification for political stability. (shrink)

In this essay, I consider three different conceptions of ‘the people’ and what it means to ‘respect’ their collective will and wisdom: (a) the democratic conception of the people as a sprawling demos, (b) the populist conception of the people as an authentic folk (c) and, finally, the vanguardist conception of the people as the semi-mute masses who stand in need of revolutionary transformation. Although my ultimate aim is to defend the democratic conception of the people over both the populist (...) conception and the vanguardist conception, much of this essay is taken up simply spelling out each of these conceptions of the people and outlining their consequences for the conduct of politics. I begin by contrasting the democratic conception with the populist conception. I then turn briefly to the vanguardist conception. I close with a brief, and admittedly incomplete defence of a particular form of democracy – what I call transformative or ameliorative democracy – which conceives of the people as a self-transformative totality. (shrink)

Although death statutes permitting physicians to declare brain death are relatively uniform throughout the United States, academic debate persists over the equivalency of human death and brain death. Alan Shewmon showed that the formerly accepted integration rationale was conceptually incomplete by showing that brain-dead patients demonstrated a degree of integration. We provide a more complete rationale for the equivalency of human death and brain death by defending a deeper understanding of the organism as a whole and by using a novel (...) strategy with shared objectives to justify death determination criteria. Our OaaW account describes different types of OaaW, defining human death as the loss of status as a human OaaW. We defend human death as similar to nonhuman death in terms of wakefulness, but also distinct in terms of the sui generis properties, particularly conscious awareness. We thereby defend the equivalency of brain death and human death using a resulting neurocentric rationale. (shrink)

European Journal of Political Theory, Volume 21, Issue 2, Page 230-252, April 2022. The apparent inconsistency between Locke’s commitment to legalism and his explicit endorsement of the extra-legal power of prerogative has confounded many readers. Among those who don’t ignore or dismiss it, the common approach is to qualify the role or scope of prerogative. The article advocates the opposite approach. It argues that Locke’s legalism should be understood within the context of his oft neglected conception of political liberty in (...) terms of self-government. This not only allows for the reconciliation of Locke’s legalism with his endorsement of extra-legal powers, but also provides a fuller, more accurate account of the role of law and of political liberty in Locke’s theory. (shrink)

Journal of Political Philosophy, EarlyView.

According to various accounts, intervention in pediatric decisions is justified either by the best interests standard or by the harm principle. While these principles have various nuances that distinguish them from each other, they are similar in the sense that both focus primarily on the features of parental decisions that justify intervention, rather than on the competency or authority of the parties that intervene. Accounts of these principles effectively suggest that intervention in pediatric decision making is warranted for both physicians (...) and the state under precisely the same circumstances. This essay argues that there are substantial differences in the competencies and authorities of physicians and the state, and that the principles that guide their interventions should also be conceived differently. While both the best interests standard and the harm principle effectively incorporate important aspects of physicians’ ethical obligations, neither adequately reflects the state’s ethical obligations. In contrast to physicians, the state has major obligations of distributive justice and neutrality that should form an integral part of any proposed ethical principles guiding state intervention in pediatric decision making. The differences are illustrated by examining recent cases involving parental refusal of chemotherapy in aboriginal Canadian communities and parental refusal of blood transfusions by Jehovah’s Witnesses. (shrink)

Theories of deliberative democracy maintain that outcomes of democratic deliberation are fairer than outcomes of mere aggregation of preferences. Theorists of impartial justice, especially Rawls and Sen, emphasize the role of deliberative processes for making just decisions. Democratic deliberation seems therefore to provide a model of impartial decision-making applicable in the real world. However, various types of cognitive and affective biases limit individual capacity to see things from others’ perspectives. In this paper, two strategies of enhancing impartiality in real world (...) decision-making are discussed. The first involves decision-making processes which detach decision-makers from their particular interests, whereas the second aims to enhance the quality of democratic deliberation and empathetic reasoning. We conclude that new forms of democratic deliberation may be necessary if we hold on to the aspiration of making decisions which are both democratic and impartial. (shrink)

ABSTRACTThe Introduction presents the special issue of Critical Horizons which purpose is to do justice to Young’s conception of political responsibility by gathering essays that present, analyse and comment on it, demonstrating its value for contemporary political philosophy. Several aspects differentiate Young’s view from what could be called a classic conception of responsibility. This special issue gathers four articles that show Young’s innovative conception of responsibility. The first clarifies the logic of Young’s social connection model; the second extends its theoretical (...) framework; the third elaborates on its intuitions; the fourth applies it to a specific context in a way that reveals its interest. (shrink)

:Does social justice lose all application in the condition in which people are morally flawless? The answer, I will argue, is that it does not — justice might still have application. This is one lesson of my broader thesis in this paper, that there is a variety of conditions we would all regard as highly idealistic and unrealistic which are, nevertheless, not beyond justice. The idea of “circumstances of justice” developed especially by Hume and Rawls may seem to point in (...) a more realistic direction, but we can see that this is not so once we distinguish between conditions of need for norms of justice, conditions of their emergence, and conditions of applicability of the standard of justice. Justice, I argue, can have application even in conditions where no mechanism of justice is present or needed, such as the case of internalized motives of justice. (shrink)

Political liberalism’s central commitments to recognizing reasonable pluralism and institutionalizing a substantive conception of justice are inconsistent. If reasonable pluralism applies to conceptions of justice as it applies to conceptions of the good, then some reasonable people will reject even many liberal conceptions of justice as unreasonable. If so, then imposing these conceptions of justice on citizens violates the liberal principle of legitimacy and related public justification requirements. This problem of justice pluralism requires that political liberals abandon their commitment to (...) institutionalizing a substantive conception of justice. Instead, political justification should be limited to the public justification of a modest scheme of rights and a set of constitutional rules. Justice pluralism chastens the ambitions of political liberalism while pushing the political liberal research program in new and promising directions. (shrink)

I am grateful to Feeney and colleagues for their thoughtful engagement with, and application of, the normative analysis I developed concerning gene patents in Farrelly (2016). Their exploration of...

In spite of its dominance, there are well-known problems with Rawls’s method of reflective equilibrium (MRE), as a method of justification in meta-ethics. One issue in particular has preoccupied commentators, namely, the capacity of this method to provide a convincing account of the objectivity of our moral beliefs. Call this the Lack-of-Objectivity Charge. One aim of this article is to examine the charge within the context of Rawls’s later philosophy, and I claim that the lack-of-objectivity charge remains unanswered. A second (...) aim of this article is to examine the extent to which, despite Rawls’s express intention to avoid reliance on Kant’s moral philosophy, supplementing Rawls’s political constructivism with some Kantian elements, in particular Kant’s idea of a universal principle of right, not only addresses some of the issues raised by the lack-of-objectivity charge, but also does so without compromising the ability of the Rawlsian account to accommodate the pluralism of conceptions of the good, which he takes to be a fact of modern democracies. I argue for a revised justificatory methodology, which combines Rawls’s MRE and Kant’s Critical Method. (shrink)

In the works of Kant and Rawls, we find an acute sensibility to the pre-eminent importance of freedom of speech. Both authors defend free speech in democratic societies as a private and as a public entitlement, but their conceptions markedly differ when applied to non-liberal and non-democratic societies. The difference is that freedom of speech, for Kant, is a universal claim that can serve as a test of legitimacy of all legal orders, while for Rawls, some legal orders are owed (...) full recognition even if they do not in principle guarantee freedom of speech. I explain Kant’s account of free political speech and argue that the defence of individual rights should be seen as its core feature, both in republican and in autocratic states. I then argue that a much-overlooked shift in Rawls’s development toPolitical Liberalismlikewise ties his account of free speech in democratic societies to issues concerning rights and justice. In a next step, I discuss Rawls’s perspective on some non-democratic regimes in hisLaw of Peoples, regimes that he understands as well-ordered but which do not guarantee freedom of speech. I criticize Rawls’s account from Kant’s perspective and suggest to introduce a ‘module’ from Kant’s pre-republican thought into Rawls’s conception, aiming to secure a core area of rights- and justice-related speech. My claim is that under Kant’s view of autocratic legitimacy, an important extension of speech rights is called for even in non-liberal, non-democratic states, and that a Rawlsian account should and can adopt it. (shrink)

El texto analiza el breve diálogo epistolar que tuvieron Emmanuel Levinas y Paul Ricoeur poco tiempo después de la publicación de la obra de Ricoeur, Sí mismo como otro, en la cual Ricoeur criticaba a Levinas la «falta de estima de sí» en la constitución del sujeto que responde al otro. A lo cual Levinas se defiende haciendo referencia a la categoría de «elección». El hecho de haber sido elegido por el otro para responderle suscita en mí, sin haberlo previsto, (...) una especie de estima de mí mismo, que me permite descubrirme «otro» de quien yo creía ser al principio. Breve diálogo epistolar entre los dos amigos que nos permite entrar en el centro de sus reflexiones sobre la alteridad. (shrink)

This paper explores the role of envy in the third part of A Theory of Justice and challenges a wide-spread game-theoretic view of stability. The proponents of this view see Rawls’s account of stability as an attempt to solve a collective action problem. I claim that Rawls treats the development of envious feelings as a distinct source of instability which is not part of a collective action problem and has to be addressed separately. My thesis entails that we shouldn’t read (...) the congruence between the right and the good as the culmination of Rawls’s overall argument for stability. This reading is supported by the revised account of stability in Justice as Fairness: A Restatement and leads to a better understanding of Rawls’s political turn. (shrink)

In recent decades politicians and policy-makers have emphasised the need to shift from a “passive” to an “active” welfare state. This has resulted in policies that reduce compensation rates in social insurance or make compensation conditional on different requirements such as participation in rehabilitation or vocational training. This article argues that such policies are justified if they tend to ensure an adequate level of personal autonomy. To that effect, a ‘thick’ conception of personal autonomy is spelled out based on Norman (...) Daniels’ extension of the principle of fair equality of opportunity. Some objections to policies limiting entitlement to social insurance are discussed. It is argued that although the objections fail to show that limited entitlement to social insurance is always unjustified, they identify considerations that must be taken into account for an overall assessment of such policies. (shrink)

Social agreements, roughly put, are a focused and actual variant of social contracts. They are focused on the agreement of parties to co-operate and they pertain to basic aspects of living and living together; however, not comprehensively but focused on a specific theme or themes such as sanitation, water supply or energy provisions. Unlike hypothetical social contracts, social agreements can be empirically studied. So what is their implication for hypothetical social contract, and beyond that for justice and sustainability? This paper (...) introduces social agreement via a case study of social agreement in watershed development in an arid zone with low-income farmers. Watershed development in this context seeks to restore degraded land and simultaneously local democratic institutions. It is an ecological and social investment with medium-term and long-term benefits, i.e. for both present and future generations. Social agreement makes us rethink some issues in the theory and practice of justice and sustainability: how we frame the relation of generations in intergenerational saving, how we think about stability beyond the nation state, and how agreement is a dynamic process that creates the space for the capabilities required to support it in a just and sustainable way. On the global level, social agreement is a possibility for the affluent to discharge their responsibility via investments in such agreements. (shrink)

This article argues that, far from being a merely defensive act of individual protest, civil disobedience is a much more radical political practice. It is transformative in that it aims at the politicization of questions that are excluded from the political domain and at reconfiguring public space and existing institutions, often in comprehensive ways. Focusing on the reconstitution of the political community also allows us to reconceptualize constituent power. Rather than portraying it as a quasi-mythical force erupting only in extraordinary (...) moments, constituent power can be conceptualized as a dynamic situated within established orders, transgressing their logic and reconfiguring them from within. Civil disobedience as a transformative and potentially comprehensive practice aimed at reconstituting the political order can then be seen as an internal driving force keeping this dialectic in play. A concrete example can be found in protests and border struggles by irregularized migrants. They show how unexp... (shrink)

The article joins the current debate between epistemic and procedural democrats in contemporary democratic theory and aims to put epistemic democracy on a more secure footing. Yet, unlike those who...

Je défends dans ce texte une version particulière de la position que Sharon Street a appelée le «constructivisme humien». J’esquisserai pourquoi je considère que ce constructivisme est préférable à la fois au réalisme moral et au constructivisme kantien sur le plan de la compréhension du statut ontologique des valeurs. Après avoir accepté de reconnaître le rôle des pressions de l’évolution dans l’émergence de la moralité, le constructivisme humien doit toutefois préciser le rôle de l’intersubjectivité historique dans l’évolution subséquente de la (...) morale. J’expliquerai aussi pourquoi je considère que l’intégration d’un volet cohérentiste au constructivisme permet d’atténuer les craintes concernant le caractère potentiellement non-cognitiviste des théories contextualistes. Enfin, j’esquisserai pourquoi l’idée d’un «espace des raisons morales» indépendant, à certains égards, de l’esprit humain est compatible avec le constructivisme humien.I defend a version of what Sharon Street has dubbed “Humean constructivism.” I’ll first sketch out why I think that contextual constructivism provides us with a more plausible understanding of the ontological status of values than both Kantian constructivism and moral realism. In addition to its recognition of the role of evolutionary pressures in the emergence of human morality, contextual constructivism must now clarify the role of historical intersubjectivity in the subsequent development of morality. I will then claim that adding a coherentist module to Humean constructivism provides a satisfactory answer to those who fear that contextual metaethical theories can only be non-cognitivist. Finally, I will sketch out why I think that the notion of a mind-independent “space of moral reasons” is largely compatible with Humean constructivism. (shrink)

ABSTRACT:Demands have been growing upon firms to take actions in the interests of workers, the environment, local communities, and others. Firms sometimes have felt they could best discharge such responsibilities by cooperating with other firms. This, however, is suspect from the point of view of a purely economic interpretation of competition law, since interfirm agreements may raise prices and thus lower welfare for consumers. Should competition law remain focused on competition enhancing economic welfare, or be reformed to allow for acts (...) of cooperation that are socially beneficial? To answer this question, the article provides a philosophical reevaluation of the deep-seated view that firms are merely private actors. It argues that demands of political legitimacy should also be addressed at firms cooperating together, and that standard views of democratic accountability should be broadened, introducing a model of delegated, sequential decision making which allows regulatory agencies and parliaments to control interfirm agreements. (shrink)

This article considers procedural justice in the law, with specific reference to the adjudicative context of governmental officials applying legal standards to particular cases. We critically survey the three main accounts of procedural justice in the literature: utilitarian, outcome‐based, and dignitarian. Utilitarian and outcome‐based theories share the instrumental view that the only purpose of procedures is to lead to accurate legal outcomes. However, the former are willing to trade off the benefits of accuracy against its costs, whereas the latter hold (...) that procedural rights are necessary to guard against the injustice caused when individuals' legal rights are mistakenly denied. Dignitarian theories maintain that process matters apart from outcomes, because procedures should show respect for individuals' dignity in the Kantian sense of rational agency. We present a new perspective, drawing on relational theory. Relational theory holds that we are social creatures whose self‐identities and sense of self‐respect are bound up with the quality of our relationships with other individuals, groups, and institutions. Our relational account is informed by empirical research in social psychology which has found that people's evaluation of procedures is substantially influenced by relational concerns. (shrink)

Closed Material Procedures are widely considered to be unjust. In his influential A Theory of Justice, Rawls sets out that trials must be fair and open, and that such precepts of natural justice ensure the impartiality of the legal order. I argue that whilst this commits Rawls to a rejection of the permissibility of CMPs, he is not right to do so, and his theory does not require him to do so. Firstly, the conception of natural justice upon which Rawls (...) bases his view of open justice is not so strict as to demand this so long as the legal system ensures a sufficient gist of the closed material is provided. Secondly, it is plausible that individuals in Rawls’ original position, would select CMPs due to the role security and stability play in a just state, the importance of which Rawls explicitly recognises. I conclude that CMPs are consistent with Rawls’ theory of justice, despite his assertions in A Theory of Justice. Given the importance and influence of Rawls’ theory, this is an important step in demonstrating the permissibility of such procedures, duly circumscribed. (shrink)

In The Grasshopper, Bernard Suits argues that the best life is the one whose essence is game-play. In fact, only through the concept of game-play can we understand how anything at all is worth doing. Yet this seems implausible: morality makes things worth doing independently of any game, and games are themselves subject to moral evaluation. So games must be logically posterior to morality. The current paper responds to these objections by developing the theory of Ludic Constructivism. Constructivist theories such (...) as Kant’s explain normativity in a way that is both objective and cognitivist but also mind-dependent. Roughly, constructivists ground normative structures in rational procedures. But rational agency is diverse: it is realized in different ways and to different degrees by different agents. Yet Kantian Constructivism requires a strong identity of rational procedures across rational agents. Ludic Constructivism avoids this challenge by rejecting this strong identity of agency, instead building a normative framework out of the ingredients of Suits’s definition of game-play. We want to play the best games we can. In order to do so we must play games with a certain structure: they must be nested multiplayer games in which everyone who is capable of self-originating activity is engaged as a fellow player rather than a plaything. Nested games – games that are constructed out of other games – go best when each game contributes to the value of each other game in the nest. Such game nests are “reciprocating value-maximization structures”. Our lives go best when we design, play, and revise the game of our Individual Life and we also embed that game within the highest-order nested game of Fate of Humankind. In this way, Ludic Constructivism delivers a normative system that expands Kant’s Kingdom of Ends, and a life that meets Aristotle’s conception of pleasure. (shrink)

Amartya Sen has argued that contractarian theories of justice inevitably fall victim to the problem of parochialism, for the reason that they rely on a problematically narrow conception of impartiality. Sen finds a corrective model of impartiality in Adam Smith’s figure of the impartial spectator. In this essay, I argue that Sen’s invocation of the spectator to resolve the problem of parochialism is unfounded, as the impartial spectator is fundamentally a product of socialization that serves to propagate conventional moral norms. (...) I consider various interpretive avenues for “rescuing” the spectator from parochialism, and ultimately conclude that a minor amendment to Smith’s account, resting on the possibility of a conscience informed by moral pluralism, is required. (shrink)

:This essay offers a “nonideal” case for giving institutional priority to markets and private contracting in the basic structure of society. It sets out a “robust political economy” framework to examine how different political economic regime types cope with frictions generated by the epistemic limitations of decision-makers and problems of incentive incompatibility. Focusing on both efficiency arguments and distributive justice concerns the essay suggests that a constitutional structure that prioritizes consensual exchange is more likely to sustain a cooperative venture for (...) mutual advantage. (shrink)