Mainstream economics evaluates capitalism primarily from the perspective of efficiency. Social philosophy typically applies other or additional normative criteria, such as equality, democracy, and community. This essay examines the implications of these contrasting sets of criteria in the evaluation of capitalism. Its first two sections consider the criteria themselves, assuming that a trade-off exists between them. The last three sections question whether such a trade-off necessarily occurs, and explore the claim that improvements in nonefficiency dimensions of capitalist society may enhance, (...) rather than conflict with, efficiency. (shrink)

Philosopher Christina Hoff Sommers's target inWho Stole Feminism? How Women Have Betrayed Womenis “gender feminism.” Her aim is to convince us that gender feminists are anti-intellectual opportunists who deliberately spread lies about the incidence of date rape (chap. 10), domestic battery (Preface, chap. 9) and about the general state of male-female relations in America (chaps. 1, 9 and 11), thereby generating fear and resentment of men (chap. 2), all so that they may secure vast amounts of government funding and high-paying (...) jobs in the academy (chaps. 4, 5 and 6). Because gender feminists are condescending to and contemptuous of the “average woman,” they lack a grass-roots constituency (p. 22). Nonetheless, they are powerful enough to be feared. Gender feminists have managed to dupe the U.S. Congress (chap. 8), and an otherwise sceptical press literally eats out of their hands (p. 15). Gender feminism is also a leading cause of the weakening of the American university (p. 52), and has “made the American campus a less happy place” (p. 112). (shrink)

Last year I flew to two bioethics conferences, one in Europe and one in North America. I also flew to Taiwan to teach abroad for a year. These were good things to do, or so I thought. I contributed to educational events, learned more about bioethics, and visited with friends and colleagues. But I worry that flying and other activities in my life are contributing to climate changes that will affect the health of vulnerable people, the life prospects of future (...) generations, and the balance of the natural world.I sometimes imagine a dialogue with a young person, twenty years from now, when the climate crisis is much worse.What were you people in bioethics thinking? You flew to conferences all over the world, emitting .. (shrink)

The air pollution generated by motor vehicles and by static sources is, in certain geographic areas, a very serious problem, a problem that exists because of a failure of the marketplace. To address this marketplace failure, the State of California has mandated that by 2003, 10% of the Light-Duty Vehicle Fleet (LDV) be composed of Zero-Emission Vehicles (ZEVs). However, the policy-making process that was utilized to generate the ZEV mandate was problematic and the resulting ZEV mandate is economically unsound. Moreover, (...) an ethical analysis, based primarily upon the work of John Rawls, suggests that implementation of the California ZEV mandate is—in spite of the wide latitude that ought to be given to policy decision makers—unethical. A more ethical and economically efficient approach to the pollution caused by marketplace failure is one that relies on market incentives and thereby achieves the desired improvement in air quality by appealing both to the self-interest of motorists and to those businesses that are directly or indirectly involved with the automobile industry. Such an approach would take better advantage of the creative forces of the market and improvements in technology over time and avoid the infringements on individual liberty and fairness embodied in the ZEV mandate. (shrink)

The aim of the paper is to investigate how retributivists should respond to the apparent tension between moral desert and proportionality in punishment. I argue that rather than attempting to show that the term ‘proportionate punishment’ refers to whatever penal treatment the offender morally deserves, retributivists should maintain two things: first, that a punishment is proportionate when it is commensurate to the seriousness of the crime; second, that offenders morally deserve proportionate punishments. This view requires adopting a local theory of (...) desert as opposed to a holistic one. In the second part of the paper, I argue that there are indeed good reasons to adopt a local theory of desert. Once retributivism is seen through the lens of local desert, there is no obvious mistake in saying that offenders morally deserve punishments that are proportionate to the seriousness of their crimes. (shrink)

In this paper, I defend fairness-based retributivism against two important objections, the no-benefit objection and the social injustice objection. I argue that the theory can defeat the no-benefit objection by developing an account of how crimes can be sources of unfairness by inflicting losses on people, and that it can blunt the social injustice objection by toning down the theory’s distributive aspirations. I conclude that fairness-based retributivism, contrary to received wisdom, merits further attention from legal and political philosophers.

The hypothesis of this paper is that legal positivism depends on the non plausibility of strong moral cognitivism because of the non necessary connection thesis between law and morality that legal positivism is supposed to acknowledge. The paper concludes that only when based on strong moral cognitivism is it consistent to sustain the typical non-positivistic thesis of the necessary connection between law and morality. Habermas’s Philosophy of law is confronted with both positions.

(1989). The autonomy of social reality: On the contribution of the theory of systems to the theory of society 1 . World Futures: Vol. 27, No. 2-4, pp. 153-175.

Following the revival of virtue theory, some moral theorists have argued that virtue ethics can provide the basis for a radical politics. Such a politics essentially departs from the liberal model of the moral agent as an autonomous reason-giver. It instead privileges an understanding of the agent as conditioned by her community, and in the case of social oppression and marginalization, communal virtues may become a vehicle for social change. This essay compares political appropriations of virtue theory by Christian theologian (...) Stanley Hauerwas and secular feminist thinkers Lisa Tessman and Margaret Urban Walker. Hauerwas and feminist theorists both embrace a kind of embodied vulnerability as a political virtue, arguing that it enables more genuine social recognition. The virtue feminist critique is more robust than Hauerwas's, however, insofar as it understands mutual recognition to involve acknowledgment of social difference and the concomitant pursuit of justice. (shrink)

Extant social contracts, deriving from communities of individuals, constitute a significant source of ethical norms in business. When found consistent with general ethical theories through the application of a filtering test, these real social contracts generate prima facie duties of compliance on the part of those who expressly or impliedly consent to the terms of the social contract, and also on the part of those who take advantage of the instrumental value of the social contracts. Businesspeople typically participate in multiple (...) communities and, as a consequence, encounter conflicting ethical norms. Priority rules can be devised to resolve such conflicts. The framework of extant social contracts merges normative and theoretical research in business ethics and specifies a domain for empirical studies. (shrink)

A quick survey of the literature reveals that authors disagree as to which sentiments are moral and which are not, they disagee as to how to distinguish between moral and other sentiments, and finally that often the same author will claim a sentiment is moral at some times but not at others. These difficulties arise, I argue, from an underlying concept of emotion that I call atomism. Viewing emotions as means of coordination among agents, rather than as psychic atoms, suggests (...) a radically different approach to the question of morality and affects, one where emotions pave the way for normative expectations. (shrink)

Au regard du vieux débat sur la « fuite des cerveaux », le devoir de promouvoir le développement des pays pauvres semblait incompatible avec le droit humain à l’émigration. A l’encontre de cette idée, Jagdish Bhagwati a proposé dans les années 70 une mesure qui permettait au personnel qualifié de quitter les pays pauvres, tout en taxant leur revenu au bénéfice de leurs pays d’origine. Cet article discute (et rejette) trois justifications possibles de la taxe Bhagwati. Il conclut qu’une telle (...) mesure ne peut être défendue ni comme une compensation pour ce que le pays aurait gagné si les diplômés n’avaient pas émigré, ni comme une obligation de réciprocité basée sur l’investissement dans l’éducation, ni comme une mesure de diminution de l’inégalité entre les opportunités des migrants et de ceux qui restent au pays. Si la mobilité géographique va de pair avec la mobilité sociale, taxer les migrants revient à taxer la mobilité sociale, plutôt que les hauts revenus eux-mêmes. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Creating the Conditions for Intergenerational Justice: Social Capital and ComplianceAdelin-Costin DumitruIntroductionSuppose philosophers succeeded in putting forward two equally desirable theories of intergenerational justice. Both of them fare extremely well in regard to either a case-implication critique or a prior-principle strategy of argumentation (with the former requiring us to check the implications of a principle in counterfactual cases, and the latter testing the compatibility of a principle with certain more (...) fundamental values, according to Sen [197]). How are we to decide between them? To the extent that we believe that one of the purposes of political philosophy is to issue achievable and desirable recommendations (Stemplowska 319) or to be action-guiding (Swift 363), we might compare the two by applying a feasibility criterion. Such a criterion indicates that a state of affairs could be realized “if we were to summon sufficient practical will and direct our (individual or collective) efforts in the right direction” (Gheaus 450). In our case, the decision is a relatively easy one: both theories pass a threshold of acceptability and thus we would be morally justified in attempting to bring them about. Furthermore, by stipulation, world A in which theory x were implemented would be equally desirable as world B, in which theory y were implemented. The only distinction would be one concerning their feasibility.Nonetheless, this scenario is usually not one that is available to us. If theories differ based on their desirability as well as their feasibility, how are we to choose? One option would be to choose that moral theory which best satisfies the criteria mentioned by Buchanan, of moral accessibility, feasibility, and accessibility (Justice, Legitimacy). However, feasibility entails not only a static conception of duties, but a dynamic one, in which we postulate that agents have “duties that do not focus merely on what can be done in given [End Page 20] circumstances, but also on how to change circumstances so that new things can be done” (Gilabert and Lawford-Smith 812). In the present article, I argue that taking the idea of dynamic duties seriously requires that we redirect our efforts and resources toward those actions that would maximize the probability of achieving a successful transition from a non-ideal to an ideal state of the world. The argument is that, in the specific context of intergenerational justice, we ought to pay more attention to the matter of social capital extant in a society, if we want to achieve the ends of an intergenerational theory of justice. The concept of social capital puts under the same umbrella distinct features of social life such as networks and civic engagement, the role of reciprocity and trust in building institutions, and the effects that informal rules and institutions have on formal ones (Ostrom and Ahn, “Social Science Perspective” 4). Intuitively, these aspects are relevant for an account of intergenerational justice. The particular way in which they are relevant will be detailed later in this article.The claim that I defend is that the higher the level of social capital in a community, the more probable it will be that individuals are willing to redistribute resources to future generations. The underlying assumption that holds throughout the article is that public justification is important in construing a defense of a conception of justice. I proceed as follows. In the first section, I present an account of social capital. In the second section, I present the literature connecting social capital to political philosophy. In the third section, I argue why developing social capital is a worthwhile goal to pursue if we want to achieve intergenerational justice. The fourth section presents a series of measures that can increase the level of social capital. The fifth section responds to a series of potential objections that could be raised and concludes the paper.The Many Faces of Social CapitalMuch of the intellectual history of the twentieth century was dedicated to institutions and their function in shaping the social, economic, cultural, and political order. In a comprehensive definition put forward by March and Olsen, institutions represent “routines, procedures, conventions, roles, strategies, organizational forms, technologies..., beliefs, paradigms, codes, cultures and knowledge that surround, support, elaborate, and... (shrink)

This paper seeks to elucidate the role played by the common good in John Finnis's arguments for a generic and presumptive moral obligation to obey the law.1 Finnis's appeal to the common good constitutes a direct challenge to liberal and philosophical anarchist denials of a generic and presumptive obligation to obey the law.2 It is questionable, however, whether Finnis has presented the strongest possible case for his position. In the first section I outline Finnis's account of the relationship between basic (...) goods, the common good, and the authority of law. Section II demonstrates how Finnis's emphasis upon the instrumental nature of the common good leaves his position vulnerable to Joseph Raz's objections3 that not all cases of law make a moral difference and that governmental authority is often unnecessary to resolve coordination problems. I argue that Raz's critique nonetheless fails adequately to address an alternative defense of the existence of a generic and presumptive obligation to obey the law, suggested by some passages in Finnis's work, according to which the common good is integral, rather than merely instrumental, to the good of individuals. In the final section I consider whether Finnis could strengthen his case for a generic and presumptive obligation to obey the law by adopting a more consistently robustaccount of the common good. (shrink)

The familiar irony of ‘real existing socialism’ is that it never was. Socialist ideals were used to legitimize regimes that fell far short of realizing those ideals – indeed, that violently repressed anyone who tried to realize them. This paper suggests that the derogatory concept of ‘the criminal’ may be allowing liberal ideals to operate in contemporary political philosophy and real politics in a worryingly similar manner. By depoliticizing deep dissent from the prevailing order of property, this concept can obscure (...) what I call the legitimation gap. This is the gulf between (a) liberal accounts of state legitimacy, and (b) the actual functioning of liberal states. Feminists have long pointed out that the exclusion of what is deemed ‘personal’ from political consideration is itself a political move. I propose that the construction of the criminal as a category opposed to the political works similarly to perpetuate unjust forms of social power. (shrink)

Some critics raise moral objections against corporate social responsibility on account of its supposedly undemocratic nature. Theyargue that it is hard to reconcile democracy with the private discretion that always accompanies the discharge of responsibilities that are not judicially enforceable. There are two ways of constructing this argument: the “perfect-market argument” and the “social-power argument.” This paper demonstrates that the perfect-market argument is untenable and that the social-power argument is sometimes valid. It also asserts that the proponents of the perfect-market (...) argument are mistaken in their assumption that perfect markets are conducive to democracy. There are strong reasons to hold that perfect markets are undesirable from a democratic point of view. A proper conceptualization and differentiation of the relation between “the private and the public” can make this clear. The proponents of the social-power argument sometimes maintain that the democratic deficit can be compensated for by consulting the stakeholdersaffected. Against this, I will argue that the social power argument has nothing to offer affected parties. Still, it will be shown that moderntheory on corporate social responsibility is not well accommodated to the democratic deficit as revealed by the social power argument. (shrink)

From a position informed by the philosophical legacy of Gilles Deleuze and Felix Guattari, this paper examines the idea of ‘care’ in nursing theory and philosophy. Deleuze and Guattari make a distinction between, on the one hand, ‘concepts’, which are the proper domain of philosophy and, on the other, ‘functives’ which are the domain of science and all other empirical matters. At first blush, this distinction and use of the word concept appears rather odd, but Deleuze and Guattari hold it (...) to be important for reasons that go beyond the acknowledged and obvious differences between philosophy and science. In Deleuzian terms, a ‘functive’ is any proposition that makes a verifiable truth-claim about actual states of affairs, whereas a ‘concept’ is a philosophical tool that, although it is used in statements that make claims and that seek to affect our thinking on states of affairs, is not a representation of them in any verifiable (functive) sense. In this respect, philosophical concepts, and the statements in which they are used, are neither true nor false. I argue that the way in which the word ‘care’ is used in much nursing theory and philosophy conflates concept (neither true nor false) with functive (either true or false) with less than productive results. I seek to persuade that if we can gain more clarity between the use of care as a would-be functive and its use as a philosophical concept, this would strengthen the purpose of the use of the idea of care in nursing theory. This is to say that I take the view that the role of ‘care’ as a philosophical concept is to be used in statements that ‘think the event’ called nursing; that seek to be ‘worthy of the event’, but without being an actual part of the event. Finally, I show how the concept of care in nursing philosophy has been, and can continue to be, reworked to achieve the permanent task of surveying the ever-shifting planes of the event and how it is described. (shrink)

This essay defends subjectivism about reasons of love. These are the normative reasons we have to treat those we love especially well, such as the reasons we have to treat our close friends or life partners better than strangers. Subjectivism about reasons of love is the view that every reason of love a person has is correctly explained by her desires. I formulate a version of subjectivism about reasons of love and defend it against three objections that have been made (...) to this kind of view. Firstly, it has been argued that the phenomenology of our focus when we have reasons of love does not fit with subjectivism about those reasons. Secondly, it has been argued that the phenomenology of our motivations when we have reasons of love does not fit with subjectivism about those reasons. Thirdly, it has been argued that subjectivism about reasons of love has deeply counterintuitive implications about what our reasons of love are. I argue that none of these objections succeeds. (shrink)

This paper sets out a research agenda for a political theory of climate displacement, by critically examining one prominent proposal—the idea of a normative status for ‘climate refugees’—and by proposing an alternative. Drawing on empirical work on climate displacement, I show that the concept of the climate refugee obscures the complexity and heterogeneity of climate displacement. I argue that, because of this complexity and heterogeneity, approaches to climate displacement that put the concept of the climate refugee at their centre will (...) fail to treat like cases alike and relevantly different cases differently. In response to these failings, I outline an alternative—the pluralist theory of climate displacement—which confronts the specific challenges that climate displacement poses in different practical and institutional contexts, whilst also treating climate displacement as a unified phenomenon at the second-order level of burden-sharing. (shrink)

There is a common view that the utilitarian theory of John Stuart Mill is morally realist and involves a strong kind of practical obligation. This article argues for two negative theses and a positive thesis. The negative theses are that Mill is not a moral realist and that he does not believe in certain kinds of obligations, those involving external reasons and those I callrobustobligations, obligations with a particular, strong kind of practical authority. The positive thesis is that Mill's metaethical (...) position can be interpreted as a Humean constructivist view, a metaethical view that is constructivist about value and entails the existence of practical reasons, but not external reasons or robust obligations. I argue that a Humean constructivist reading of Mill's theory is reasonable, and strengthens Mill's argument from desire for the value of happiness, an important but notoriously weak aspect of his theory. (shrink)

I suggest that the social justice issues raised by Internet regulation can be exposed and examined by using a methodology adapted from that described by John Rawls in 'A Theory of Justice'. Rawls' theory uses the hypothetical scenario of people deliberating about the justice of social institutions from the 'original position' as a method of removing bias in decision-making about justice. The original position imposes a 'veil of ignorance' that hides the particular circumstances of individuals from them so that they (...) will not be influenced by self-interest. I adapt Rawls' methodology by introducing an abstract description of information technology to those deliberating about justice from within the original position. This abstract description focuses on computing devices that users can use to access information and information networks that information devices use to communicate. The abstractness of this description prevents the particular characteristics of the Internet and the computing devices in use from influencing the decisions about the just use and regulation of information technology and networks. From this abstract position, the principles of justice that the participants accept for the rest of society will also apply to the computing devices people use to communicate, and to Internet regulation. (shrink)

Many find it plausible to posit a category of supererogatory actions. But the supererogatory resists easy analysis. Traditionally, supererogatory actions are characterized as actions that are morally good, but not morally required; actions that go the call of our moral obligations. As I shall argue in this article, however, the traditional analysis can be accepted only by a view with troubling consequences concerning the structure of the moral point of view. I propose a different analysis that is extensionally correct, avoids (...) the problems of the traditional view, and, incidentally, also defuses any objection to act-consequentialism, or any other first-order moral theory, on grounds that it cannot accommodate the supererogatory. (shrink)

Preferences play a role in well-being that is difficult to escape, but whatever authority one grants to preferences, their malleability seems to cause problems for any theory of well-being that employs them. Most importantly, preferences appear to display a status-quo bias: people come to prefer what they are likely rather than unlikely to get. I try to do two things here. The first is to provide a more precise characterization of the status-quo bias, how it functions, and how it infects (...) commonly accepted theories of well-being. The second is to give an alternative characterization of an agent's preferences that succeeds in avoiding the status-quo bias. (shrink)

The right to conceive and bear children has been protected both in law and in policy. Human society has from its earliest time valued children and defended procreation as a basic right.Modern health technology offers the possibility of conception to the estimated 2.5 million infertile couples who may wish to have children. For these persons, infertility treatment offers the hope of having children, an activity deemed basic and essential in human society.In general, the state has been reluctant to directly interfere (...) in the reproductive decisions of individuals. However, the state may act to increase or reduce access to reproductive services in a variety of ways. For example, recent legislation regulating fertility clinics affects the distribution of assisted reproductive technology in the United States. The purpose of this paper is to describe this legislation, project its probable effects on the distribution of ART services, and analyze these effects based on distributive theories of justice. (shrink)

According to the established orthodoxy, the law of private wrongs—especially common law torts—fails to map onto our moral universe. Four objections in particular have caught the imagination of skeptics about the moral foundations of tort law: They purport to cast doubt over the moral appeal of the duty of care element; they target the seemingly inegalitarian objective standard of care; they object to the morally arbitrary elements of factual causation and harm; and they complain about the unnecessary extension of liability (...) under the guise of the proximate cause element. Analyzing these four prevailing arguments concerning the a-moral (and, with regard to some interpretations, anti-moral) character of tort law, I shall seek to show that the normative structure of tort law can, nonetheless, be reconstructed so as to reflect, to an important extent, our considered judgments about basic moral principles. (shrink)

In an engaging and provocative paper, Linda Trevino and Gary Weaver spell out the differences between the methodological approach characteristic of the natural sciences on the one hand and that of normative inquiry on the other (Trevino and Weaver, 1991). Near the end of their paper they raise a haunting question that will have increasing significance as the management literature in ethics evolves: namely, “Can the two approaches be integrated?”As C. P. Snow (1962) noted, no one can deny either the (...) stark differences between the two worlds of normative and empirical inquiry, or the mutual suspicion shown by their inhabitants. The methodology of natural science implies a non-normative, thoroughly descriptive vision of the world in which reality awaits discovery by the scientist prepared to use increasingly sophisticated techniques. In contrast, the methodology of normative inquiry, i.e., that of traditional moral philosophy, implies a world-vision in which most important issues are allocated to ethics, where empirical pursuits are frequently trivial and always require ethical guidance, and where empirical theories contain normative presuppositions unrecognized as normative even by their scientific adherents. (shrink)

In an engaging and provocative paper, Linda Trevino and Gary Weaver spell out the differences between the methodological approach characteristic of the natural sciences on the one hand and that of normative inquiry on the other (Trevino and Weaver, 1991). Near the end of their paper they raise a haunting question that will have increasing significance as the management literature in ethics evolves: namely, “Can the two approaches be integrated?”As C. P. Snow (1962) noted, no one can deny either the (...) stark differences between the two worlds of normative and empirical inquiry, or the mutual suspicion shown by their inhabitants. The methodology of natural science implies a non-normative, thoroughly descriptive vision of the world in which reality awaits discovery by the scientist prepared to use increasingly sophisticated techniques. In contrast, the methodology of normative inquiry, i.e., that of traditional moral philosophy, implies a world-vision in which most important issues are allocated to ethics, where empirical pursuits are frequently trivial and always require ethical guidance, and where empirical theories contain normative presuppositions unrecognized as normative even by their scientific adherents. (shrink)

What today divides analytical from Continental philosophy? This paper argues that the present divide is not what it once was. Today, the divide concerns the styles in which philosophers deal with intellectual problems: solving them, pressing them, resolving them, or dissolving them. Using ‘the boundary problem’, or ‘the democratic paradox’, as an example, we argue for two theses. First, the difference between most analytical and most Continental philosophers today is that Continental philosophers find intelligible two styles of dealing with problems (...) that most analytical philosophers find unintelligible: pressing them and resolving them. Second, when it comes to a genuine divide in which not understanding the other side’s basic philosophical purposes combines with disagreement on fundamental questions of doctrine, the only such divide today is that between those analytical philosophers who tend to solve problems and those Continental philosophers who tend to press problems. It is among these subgroups that there is a real philosophical divide today. So the analytical–Continental divide is more a matter of style than of substance; but as we try to show, differences in style shape differences over substance. (shrink)

The past two decades have been a time of heightened interest in the moral aspects of the practice of medicine. This interest has been reflected in medical education by the establishment of medical humanities programs in both preclinical and clinical education in many medical schools. It has also been reflected in the literature with a dramatic increase in journal articles on medical ethics as well as the development of medical ethics in textbooks. A number of journals have developed that are (...) specifically devoted to medical ethics, including The Journal of Medical Ethics, The Journal of Medicine and Philosophy, The Journal of Medical Humanities, Theoretical Medicine, Cambridge Quarterly of Healthcare Ethics, just to name a few. The literature includes both theoretical foundations and conceptual analyses of particular issues as well as practical advice and general suggestions for how to implement programs in medical humanities. (shrink)

Difficult moral issues in economic life, such as evaluating the impact of hostile takeovers and plant relocations or determining the obligations of business to the environment, constitute the raison d'etre of business ethics. Yet, while the ultimate resolution of such issues clearly requires detailed, normative analysis, a shortcoming of business ethics is that to date it has failed to develop an adequate normative theory.1 The failing is especially acute when it results in an inability to provide a basis for fine-grained (...) analyses of issues. Both general moral theories and stakeholder theory seem incapable of expressing the moral complexity necessary to provide practical normative guidance for many business ethics contexts. (shrink)

ABSTRACT:The articles in the special issue ofBusiness Ethics Quarterly, “Normative Business Ethics in a Global Economy: New Directions on Donaldsonian Themes,” were written by a set of outstanding scholars: Margaret M. Blair, Joseph P. Gaspar, Nien-hê Hsieh, Peter L. Jennings, Marietta Peytcheva, Andreas Georg Scherer, Amy J. Sepinwall, Andrew Stark, Danielle E. Warren, and Manuel Velasquez. In this commentary I reply to my colleagues, arranging my reply around the following themes: 1) the corporate moral agent; 2) the idea of a (...) social contract for business; 3) managing ethics within corporations; and 4) values in business. I discuss each in turn. However, I reflect first on my idiosyncratic approach to business ethics. (shrink)

G.A. Cohen criticizes Rawls’s account of justice because his difference principle permits inequalities that reflect the relative scarcity of different skills and natural abilities. Instead of viewing the ‘basic structure’ as the primary subject of justice, Cohen argues that individual citizens should cultivate an egalitarian ethos, which would enable a just society to dispense with the use of incentive payments to induce individuals to use their talents in socially ideal ways. This study examines Cohen’s critique, including his rejection of ‘incentives,’ (...) and vindicates Rawls’s approach. Ultimately, Cohen’s argument fails to grapple with the moral pluralism that characterizes modern, democratic societies, whereas Rawls’s theory is constructed to accommodate such pluralism. (shrink)

Whereas right-libertarians do not think that it is a requirement of justice that we raise revenues for persons with disabilities, both left-libertarians and liberal egalitarians think that there is such a requirement. An issue remains for the latter two theorists—how ought we to raise this revenue? Liberal egalitarians typically endorse either universal taxation or taxation of the wealthy. Left-libertarians, on the other hand, cannot so easily appeal to the methods of universal taxation and taxation of the wealthy, as they are (...) illegitimately coercive. One such method left open to the left-libertarian is one proposed by Michael Otsuka. He argues that both left-libertarians and liberal egalitarians should find the method of taxation of the unjust to be a reasonably strong way of raising revenue. In this paper, I point out problems with Otsuka’s argument, as well as directly criticize the method of taxation of the unjust. (shrink)

It seems that intuitions are indispensable in philosophical theorizing. Yet, there is evidence that our intuitions are heavily influenced by biases. This generates a puzzle: we must use our intuitions, but we seemingly cannot fully trust those very intuitions. In this paper, I develop a methodology for philosophical theorizing which attempts to avoid this puzzle. Specifically, I develop and defend a methodology that I call Extra-Wide Reflective Equilibrium. I argue that this method allows us to use intuitions, while also providing (...) a mechanism to check the influence of bias on our intuitions. In section I, defend the claim that intuitions are indispensable in philosophical theorizing. In section II, I outline recent arguments against the reliability of intuitions. In section III, I explain and defend my account of Extra-Wide Reflective Equilibrium. (shrink)

In the Laws, Plato argues that the legislator should attempt to persuade people to voluntarily obey the laws. This persuasion is accomplished through use of legislative preludes. Preludes (also called preambles) are short arguments written into the legal code, which precede laws and give reasons to follow them. In this paper, I argue that Plato’s use of persuasive preludes shows that he endorses the core features of a public reason theory of political justification. Many philosophers argue that Plato’s political philosophy (...) is deeply at odds with contemporary liberal political philosophy. While Plato certainly does not affirm (and even rejects) some of the main features of liberalism, if it could be shown that he endorses some account of public reason (which is a liberal idea to its core), this would suggest that there is more in common between Plato and liberalism than many philosophers think. Furthermore, if combined with the work of philosophers, like C.C.W. Taylor, this could form a cumulative case against those who argue that there is little in common between Plato’s political philosophy and liberalism. In short, by showing that Plato endorses the core features of public reason, I endeavor to show that there is more in common between Plato and liberalism than is often thought. (shrink)