Cuando dos agentes reclaman legítimamente un mismo bien, una solución posible al conflicto consiste en que el agente con el reclamo de mayor peso normativo obtenga derecho a todo el bien. Pero existe otra solución, que consiste en que el agente con el reclamo de mayor peso obtenga derecho sólo a una parte bien –la parte mayor–, mientras que el agente con el reclamo de menor peso obtenga derecho al menos a una parte del bien –aunque la parte menor–. En (...) este artículo propongo un argumento a favor de utilizar pro tanto la solución para todos los conflictos distributivos. Luego muestro que las razones para utilizar valen para menos casos de los que parece. (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...

Abstract:Alasdair Maclntyre (1984) asserts that the ethical systems of the Enlightenment (formalism and utilitarianism) have failed to provide a meaningful definition of “good.” Lacking such a definition, business managers have no internal standards by which they can morally evaluate their roles or acts. Maclntyre goes on to claim that managers have substituted external measures of “winning” or “effectiveness” for any internal concept of good. He supports a return to the Aristotelian notion of virtue or “excellence.” Such a system of virtue (...) ethics depends on an interrelationship of the community, one’s roles in that community, and the virtues one needs to perform that role well. This article develops Maclntyre’s concept of virtue ethics and shows how this paradigm fits well with existing theories about organizational behavior. (shrink)

Reason, religion, and public culture have been of significant interest recently, with critics reevaluating modernity's conception of secularism and calling for a “postsecular” public discourse. Simultaneously, one sees rising religious fundamentalisms and a growing style of antirationalism in public debate. These conditions make a reconceptualization of public reason necessary. The main goals of this article are to establish agnostic public reason as the conceptual guide and normative ethic for public debate in liberal democracies by considering the secular/religious reason boundary explicitly (...) and to argue that this ethic of public reason requires a commitment to reason giving and a particular epistemic attitude but that it does not, nor should it, take precedence over first-order judgments. An ethics of citizenship based on the process of reason giving with the appropriate epistemic stance might be one step toward rectifying the problem of an increasing separation between enclave publics, even if, by design, it cannot solve fundamental disagreement. (shrink)

Ronald Dworkin’s Justice for Hedgehogs defends liberal political morality on the basis of a rich account of dignity as constitutive of living well. This article raises the Rawlsian concern that making political morality dependent on ethics threatens citizens’ political autonomy. Thereafter, it addresses whether the abandonment of ethical foundations signals the demise of Dworkin’s liberalism and explores the possibility of laundering his conception so as to facilitate a marriage between the political philosophies of Rawls and Dworkin. The article finishes by (...) rebutting some objections Dworkin raises against Rawls’s account of public reason. (shrink)

Daniel Butt develops an account of corrective responsibilities borne by beneficiaries of injustice. He defends the consistency model. I criticize the vagueness in this model and present two interpretations of benefit from injustice responsibilities: obligation and natural duty. The obligation model falls prey to the involuntariness objection. I defend a natural duties model, discussing how natural duties can be circumstantially perfected into directed duties and showing how the natural duties model avoids the involuntariness objection. I also address objections from structural (...) injustice and demandingness. (shrink)

The reception of Stuart Hampshire's political philosophy has been remarkably subdued and negative. His defence of procedural justice has been roundly rejected as logically incoherent and his conclusions have been dismissed as unduly pessimistic and inconsequential. But the critics are guilty of a quite fundamental misapprehension of Hampshire's enterprise. Properly understood, his defence of procedural justice is entirely coherent. Moreover, Hampshire provides an extremely rich and distinctive account of the place of conflict in human life that has potentially dramatic and (...) far-reaching implications for the discipline of political theory. This account forms the radical core of Hampshire's originality, an originality that is consistently neglected by his opponents. (shrink)

This article discusses the concept of publicity in Kant’s moral philosophy. Insofar as the concepts of ‘public’ and ‘private’ can describe our relations with others, they can be considered to be moral concepts. I argue that we can find in Kant a moral duty not to keep our maxims of action private, or secret. Whereas Korsgaard argues that sometimes in the face of evil it is permissible to sidestep the moral law, I argue that it is rather through publicity that (...) we can deal with evil in the non-ideal world. Moreover, by being open with our maxims, moral progress is possible. View HTML Send article to KindleTo send this article to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about sending to your Kindle. Find out more about sending to your Kindle. Note you can select to send to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be sent to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply. Find out more about the Kindle Personal Document Service.Making the Ideal Real: Publicity and Morality in KantVolume 21, Issue 2Melissa Zinkin DOI: https://doi.org/10.1017/S1369415416000042Your Kindle email address Please provide your Kindle [email protected]@kindle.com Available formats PDF Please select a format to send. By using this service, you agree that you will only keep articles for personal use, and will not openly distribute them via Dropbox, Google Drive or other file sharing services. Please confirm that you accept the terms of use. Cancel Send ×Send article to Dropbox To send this article to your Dropbox account, please select one or more formats and confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about sending content to Dropbox. Making the Ideal Real: Publicity and Morality in KantVolume 21, Issue 2Melissa Zinkin DOI: https://doi.org/10.1017/S1369415416000042Available formats PDF Please select a format to send. By using this service, you agree that you will only keep articles for personal use, and will not openly distribute them via Dropbox, Google Drive or other file sharing services. Please confirm that you accept the terms of use. Cancel Send ×Send article to Google Drive To send this article to your Google Drive account, please select one or more formats and confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about sending content to Google Drive. Making the Ideal Real: Publicity and Morality in KantVolume 21, Issue 2Melissa Zinkin DOI: https://doi.org/10.1017/S1369415416000042Available formats PDF Please select a format to send. By using this service, you agree that you will only keep articles for personal use, and will not openly distribute them via Dropbox, Google Drive or other file sharing services. Please confirm that you accept the terms of use. Cancel Send ×Export citation. (shrink)

The practice-dependent approach to justice has received a lot of attention in post-millennium political philosophy. It has been developed in different directions and its normative implications have been criticized, but little attention has been directed to the very distinction between practice-dependence and practice-independence and the question of what theoretically differentiates a practice-dependent account from mainstream practice-independent accounts. The core premises of the practice-dependent approach, proponents argue, are meta-normative and methodological. A key feature is the presumption that a concept of justice (...) is dependent on the function or aim of the social practices to which it is supposed to be applied. Closely related to this meta-normative thesis is an interpretive methodology for deriving principles of justice from facts about existing practices, in particular regarding their point and purpose. These two premises, practice-dependent theorists claim, differentiate their account since they are not accepted by practice-independent accounts and they justify different principles of justice than practice-independent accounts. Our aim in this article is to refute both and, demonstrating that practice-independent accounts may indeed accept the meta-normative and methodological premises of the practice-dependent accounts, and that we are given no theoretical reason to think that practice-dependent accounts justify other principles of justice for a practice than do practice-independent accounts. In other words, practice-dependent theorists have not substantiated their claim that practice-dependence is theoretically differentiated from mainstream accounts. When practice-dependent proponents argue for other principles of justice than mainstream theorists, it will be for the usual reason in normative theory: their first-order normative arguments differ. (shrink)

Hume's moral epistemology, focusing on the elevation of character tratis, requires what in contemporary terms is a narrative structure. The moral significance of an action can only be understood when considered in relation to an agent's past actions, beliefs, intentions, social environment and situation. Three features of Hume's writings support this claim: his accounts of moral evidence, of the object of moral evaluation, and of the value of history. Without recognizing the role of narrative, the standard view of Hume's moral (...) epistemology is incomplete. Recognizing this, Hume's History of England can be read as an exercise of moral evaluation. (shrink)

This essay examines Irigaray's analysis of politics and the political implications of her critique of sacrificial orders that repress difference/matter. I suggest that her descriptions of a fluid “feminine” can be read as an alternative symbolic not dependent on repression. This idea is politically promising in opening a possibility for justice and a nonantagonistic intersubjectivity. I conclude by assessing Irigaray's concrete proposals for sexuate rights and a civil identity for women.

Medical quarantines often threaten the civil rights of the persons whom they confine. This might happen in two ways. First, quarantines might inflict harsh conditions on their occupants; and, second, quarantines might be imposed in an arbitrary or indeed discriminatory manner. These concerns, moreover, are anything but fantastic. Infectious diseases, particularly in epidemic forms, commonly trigger retributive and discriminatory instincts, so that actual quarantines often impose inhumane, stigmatizing, or even penal treatment upon persons who are confined based on caprice or (...) even prejudice.But quarantines that impose no gratuitous hardships and that are applied pursuant to orderly and non-discriminatory procedures are theoretically possible and also practically available. And such well-run quarantines, especially when they are employed to combat epidemic diseases, cannot plausibly be said to violate the civil rights of the quarantined. Even the staunchest civil libertarian must accept that one person's liberty may be restricted when this is necessary for preventing harm to another. (shrink)

According to radical moral particularists such as Jonathan Dancy, there are no substantive moral principles. And yet, few particularists wish to deny that something very like moral principles do indeed play a significant role in our everyday moral practice. Loathe at dismissing this as mere error on the part of everyday moral agents, particularists have proposed a number of alternative accounts of the practice. The aim of all of these accounts is to make sense of our appeal to general moral (...) truths in both reaching and justifying our particular moral judgments without thereby violating the particularists' stricture against substantive moral principles. In this paper, I argue that the most prominent non-substantive accounts of moral generalities appealed to by radical particularists – the heuristic account and default reasons accounts – fail in this aim. (shrink)

This paper explores the meaning of social justice and development in post-apartheid South Africa. It begins with social justice as a process of equalisation, presenting some evidence of the challenge and explaining the difficulty of achieving racial equality. Recognition of changes in national development strategy in the post-apartheid era, and their implications for inequality, leads to discussion of alternative development ethics, which involves reconsideration of what stands for the good life. The possibility of a combination of traditional African communitarianism and (...) the ethic of care is explored, as a basis for an alternative conception of the good. Some impediments to the realisation of such a vision are identified. (shrink)

Why is it that we think today so very differently about distributive and retributive justice? Why is the notion of desert so neglected in our thinking about distributive justice, while it remains fundamental in almost every account of retributive justice? I wish to take up this relatively neglected issue, and put forth two proposals of my own, based upon the way control functions in the two spheres.

In a series of articles, Thomas Dunfee defended the view that managers are permitted and at times, required, to utilize corporate resources to alleviate human misery even if this is at the expense of shareholder interests. In this article, I summarize Dunfee's defense of this view, raise some questions about his account and propose ways in which to answer these questions. The aim of this article is to highlight one of Dunfee's contributions to the debate about corporate governance and corporate (...) responsibility. (shrink)

From a certain philosophical perspective, one that is at least as old as Plato but which is addressed also by Aristotle and Kant, business ethics – to the extent that it is marketed as form of enlightened self-interest — constitutes a Thrasymachean compromise: to argue that it is to our advantage to conduct business ethically, perhaps even advantageous to the bottom-line, comes curiously close to endorsing what Plato called the 'shadow of virtue' — i.e., of becoming temperate for the sake (...) of illtemperance. And yet it also seems true that moralistic campaigns to achieve the impossible, e.g., pursuing justice for its own sake or eradicating egoism, often "detract from attaining really important things." This essay explores the need, in business ethics as well as elsewhere, to make — what Dewey and Niebuhr considered to be — painful if not principled philosophical compromises in order to secure is a society in which there would be "enough justice to avoid complete disaster.". (shrink)

Virtuousness refers to the pursuit of the highest aspirations in the human condition. It is characterized by human impact, moral goodness, and unconditional societal betterment. Several writers have recently argued that corporations, in addition to being concerned with ethics, should also emphasize an ethos of virtuousness in corporate action. Virtuousness emphasizes actions that go beyond the “do no harm” assumption embedded in most ethical codes of conduct. Instead, it emphasizes the highest and best of the human condition. This research empirically (...) examines the buffering and amplifying effects of virtuousness in organizations. The study hypothesizes that virtuousness has a positive effect on organizations because amplifying dynamics make subsequent virtuous action more likely, and buffering dynamics reduce the harmful effects of downsizing. The study reveals that two types of virtuousness – tonic and phasic – are associated with these effects. (shrink)

This paper presents positivistic, normative/theological, and strategic analyses of the application of religion to the practice of strategic leadership in business. It is argued that elements of religion can enrich several components of strategic leadership. Furthermore, it is argued that the question of whether religion ought to be applied involves the more basic question of whether there is a common basis or a meta-framework relating theological and normative analyses. Finally, because the strategic value of religion in strategic leadership involves varying (...) costs and benefits, an optimal level of integration can be established by applying a cost/benefit analysis to a framework of four ways of relating religion to the business arena based on the degree of integration. (shrink)

This paper considers the relationship between distributive justice and vocational education. It examines both the way that the very notion of a vocational education carries implications for distributive justice and how the meaning of justice itself might be shifting towards one of inclusion. The argument, which is based on the recent work of Bernard Williams (2002), may have some general explanatory and predictive power particularly relevant to the educational uses of certain terms. 'Vocational' is used in the paper as an (...) exemplar. It is argued that consideration of what is just in any liberal society involves weighting the application of principles in ways that respect the shared values of that society. These values are communicated partly through hopeful myths that enable social cohesion. One such set of myths currently serves to sustain some degree of hope that emphasis on the vocational in education will enable distributive justice. Increasingly however experience of and research within vocational education reveals some truths that challenge these myths. Neither myth nor truth floats free of structure, however, and the paper also includes discussion of the ways that structure, truth and myth are related. (shrink)

When we make public policy choices, is it helpful to know how utopia would look? Amartya Sen argues that it is neither necessary, nor sufficient, nor even contributory. He claims that before making a policy choice one should compare several feasible institutional designs to see which promotes justice most, and that it is misleading to use the perfect design as a standard in those comparisons. Principles of justice are the proper standard. The present article contends that the perfect design has (...) nevertheless an important role to play in the prior task of identifying and refining our principles of justice. It also shows that the perfect design—in at least one sense of this term—may be a legitimate long-term goal for present policy choices. (shrink)

O principal objetivo desse artigo é responder a questão sobre o que constitui a responsabilidade moral. Tentaremos demonstrar que a responsabilidade moral tem duas características centrais, a saber, exigências internalistas e autoridade social. Para tal propósito, faremos uso de estratégias compatibilistas. O próximo passo será tentar descrever a concepção de responsabilidade substancial de Thomas Scanlon e, no final desse artigo, estipularemos um argumento sobre um tipo de responsabilidade moral razoável que pode estar contida na teoria da justiça como equidade de (...) John Rawls. (shrink)

Este trabajo analiza la relevancia de la noción de capacidad contributiva en una concepción igualitaria de la justicia y en particular si puede concebirse como una garantía que deriva de la protección de ciertas libertades básicas consideradas prioritarias. Se argumenta que no tiene este lugar y que por lo tanto la imposición de tributos no debe respetar esta restricción ya que no existe libertad básica que sea protegida por el principio de "capacidad contributiva". This paper discusses the relevance of the (...) notion of "ability to pay" in an egalitarian conception of justice and particularly whether it could play a role as a guarantee that derives from a requirement of protection of certain basic liberties considered as priorities. It is argued that it does not have this place, thereby tax policies should not respect this constraint because there is no liberty protected by the "ability to pay" principle. (shrink)

Equal freedom is the common starting point for most contractual theories of justice from Hobbes and Rousseau to Rawls. But while equal freedom defines a common starting point for these theories, this does not result in a general consensus on the conception of justice. On the contrary, different ways of conceptualizing the contractual starting point leads to different conceptions of the demands of justice. To fully understand the relationship between equal freedom and justice we therefore first need to explicate how (...) and why the initial condition of equality is transformed into demands of justice. In this paper we discuss how this transformation takes place in the theories of Hobbes, Rousseau and Rawls, with particular emphasis on the vexed relationship between motivation and justification. (shrink)

On most accounts present in the literature, the complex experience of shame has the injury to self-esteem as its main component. A major objection to this idea is that it fails to differentiate between shame and disappointment in oneself. I argue that previous attempts to respond to the objection are unsatisfactory. I argue further that the distinction should refer to the different ways the subject's self-esteem is formed. A necessary requirement for shame is that the standards and values by which (...) the subject judges himself are borrowed from a canon of values the subject accepts as a given. The proper focus of shame is the fact of conformity to that canon. Those agents who have a different conception of self-esteem and who freely set and alter their own values are prone to self-disappointment, but not to shame. (shrink)

The thesis contrasts two hostile and divergent intellectual paradigms in social sciences: rational choice and critical theory. Both rational choice and critical theory offer contrasting perspectives on the structures of social interaction. However, both critical theory and rational choice theory share overlapping concerns ie., both are preoccupied with determining what rational can mean in the realm of social and political interaction. In the case of rational choice paradigm, instrumental reason forms the cornerstone of the theoretical edifice. Ever since the publication (...) of Jurgen Habermas' The lhemy qf Communicative Action Vol. / and Vol. II instrumental reason has come under severe attack. His critique anchors on a theory of communicative reason. What makes Habermas' work distinctive is that he does not regard instrumental reason as the single inevitable concomitant of modernity. Habermas sees in modernity an alternative way of conceptualising social interaction in terms of communication rather than strategy. So in a way, his work is a challenge to the defenders of modernity aiming to build a unified social science Jurgen Habermas advances the notion of communicative reason as the centerpiece of a social theory as opposed to instrumental reason. By providing a systematic grounding of the concept of reason in human language, he hopes to establish normative basis of critical theory. This model of reaching agreement or consent constitutes a process of dialogue in which reasons are exchanged between participants. This process is perceived to be a joint search for consensus. Such a dialogic concept of collective choice would necessarily work not with fixed preferences to be amalgamated but with preferences that are altered or modified as competing reasons are advanced in the course of discussion. In rational discussion, the only thing supposed to count is the power of better argument. Both rational choice and critical theory conceptualise politics in different ways. Rational choice theories critique democratic mechanisms failing to generate general will. Consequently, the political prescriptions offered are limited government or market. On the contrary, the political implications of Habermas' theory of deliberative democracy is anchored in the notion of liberal public sphere envisaging a cognitivist, rationalist vision in which discourse forms a critical normative basis for evaluating the political and moral principles. (shrink)

This paper brings a fresh, epistemic perspective to bear on prominent Confucian philosophers’ arguments for a hybrid Deweyan-Confucian democracy, or for an illiberal democracy with “Confucian characteristics.” Reconstructing principles for epistemic elitism and paternalism from the pre-Qin 秦 Confucian thought that inspires these advocates for Confucian democracy, it finds two major problems with their proposals. For those who abandon or modify this epistemic elitism and paternalism in accordance with , the result is a philosophical syncretism that is either unconvincingly Confucian (...) or unconvincingly Deweyan. For those who retain it in accordance with , the result is a democratic proposal that will lack legitimacy in increasingly pluralistic East Asian societies. In the end, there is a need for thinking that appropriately synthesizes Eastern and Western philosophies in a politically changing East Asia, but it would benefit from being less “Confucian.”. (shrink)

Jan Narveson presents a lengthy critique of my book, As Free and as Just as Possible: The Theory of Marxian Liberalism. Central to the disagreement between Narveson and myself is the Marxian notion, endorsed by me and rejected by Narveson, that private property is coercive, in particular, that capitalist ownership of productive resources coerces workers to work for capitalists. In As Free and as Just as Possible, I hold that people have a natural right to liberty understood as freedom from (...) unwanted coercion. Thus, I contend that, to be justified, a regime of private property must be agreed to by all who might be affected by it because of the threat it poses to their liberty. Since that amounts to agreement among virtually all people living now and in the future, that agreement cannot be actual. It must be a theoretical agreement, such as takes place in John Rawls’s original position. I present a Marxian-Liberal version of the original position, and argue that, in it, parties wou .. (shrink)

Wayne Norman argues that there should be more similarity or unity between the justifications for markets and the extra-legal norms that apply to market agents. I question two aspects of his claim. First, why does Norman refer to this view as a view about the self-regulation of market agents? Agents could self-regulate with many different norms, not necessarily norms informed by the justifications for markets. Second, asking for more similarity might create problems in terms of the liberty of market agents (...) to pursue other morally relevant objectives. How are we to balance these other relevant objectives and the objectives of markets? (shrink)

In recent years, policy debates in the United States have focused heavily on rising healthcare costs and what measures can be taken to ensure greater provision of healthcare to individuals of limited means. Much of the rhetoric on this subject has taken on an explicitly moral character, and one common sentiment is that healthcare is or should be viewed as a basic human right. However, the notion of a right to healthcare has not been well articulated, and critics have failed (...) to distinguish between legal and moral rights. Additionally, there are numerous problems inherent to viewing healthcare as a basic human right-many of which are in direct conflict with distinctly American conceptualizations of rights. The present paper reviews the debate over “rights”-both legal and natural-to healthcare, and argues that problems associated with natural rights arguments render them severely compromised. Instead, market systems commonly accepted in American society may be better suited to reducing healthcare costs and increasing access to services in the United States. (shrink)

In this paper we reconsider Adam Smith’s ethics, what he means by self-interest and the role this plays in the famous “invisible hand.” Our efforts focus in part on the misreading of “the invisible hand” by certain economists with a view to legitimizing their neoclassical economic paradigm. Through exegesis and by reference to notions that are developed in Smith’s two major works, we deconstruct Smith’s ideas of conscience, justice, self-interest, and the invisible hand. We amplify Smith’s insistence, through his notions (...) of the virtues, that as human beings, and by analogy, organizations, we are intrinsically social, rather than selfish and or egoistically self-centered. Thus, we have responsibilities to and because of others. We conclude that such a managerialist preoccupation with shareholder value is challenged, if not completely refuted, by taking seriously the social character of Smith’s complex vision of commerce. (shrink)