John Rawls's A Theory of Justice has reshaped liberal political theory, but what fruitful arguments does it generate today, fifty years after its publication? To show Theory's productive contempora...

The primary function of the Platonic dialogue is not the communication of philosophical doctrines but the transformation of the reader's character. This article takes up the question of how, or by what means, the Platonic dialogue accomplishes its transformative goal. An answer is developed as follows. First, the style of reading associated with analytical philosophy is not transformative, on account of its hermeneutical attachment and epistemic equality in the relationship between reader and author. Secondly, the style of reading associated with (...) the genre of commentary is transformative because it is governed by a principle of authority. When the commentary model is applied to the Platonic dialogue, it can be seen that the dialogue mimics the function of the authority principle in transforming the reader into a commentator, that is, someone who reads from a position of detachment and accepts responsibility for himself as moral and epistemic agent. (shrink)

Over the last few decades, there have been intense debates concerning the effects of markets on the morality of individuals’ behaviour. On the one hand, several authors argue that markets’ ongoing expansion tends to undermine individuals’ intentions for mutual benefit and virtuous character traits and actions. On the other hand, leading economists and philosophers characterize markets as a domain of intentional cooperation for mutual benefit that promotes many of the character traits and actions that traditional virtue ethics accounts classify as (...) virtuous. In this paper, I join this debate and argue for three claims of general interest to philosophers, economists and policy makers. First, market transactions do not reliably promote individuals’ intentions for mutual benefit, and often select against such intentions. Second, the set of so-called market virtues lacks a substantial overlap with the set of character traits that traditional virtue ethics accounts classify as virtuous. And third, many seemingly virtuous actions observed in market contexts are merely actions in accordance with virtue rather than genuine actions from virtue. These three claims do not license opposition to markets, but challenge the main empirical and theoretical presuppositions of leading virtue ethics defences of markets. (shrink)

This reflection on the fiftieth anniversary of Philosophy and Rhetoric begins by recalling a debate on its pages about the origins of rhetoric, which queried the relationship between Plato and the Sophists. I argue that contrary to the shared assumption of the debate, the two sides differed less over what counts as good philosophical/rhetorical practice than over whether its access should be free or restricted. An implication of this proposed shift in interpretation is that Plato and the Sophists are both (...) reasonably seen as "post-truth" thinkers, concerned more with the mix of chance and skill in the construction of truth than with the truth as such. Focusing on Plato's hostility to playwrights, I argue that at... (shrink)

This article takes a ‘naturalistic’ look at the historically changing nature of the individual and its implications for the terms on which democracy might be realized, starting from classical Athens, moving through early debates in evolutionary theory, to contemporary moral and political thought. Generally speaking, liberal democracy sees individuality as the mark of an evolutionarily mature species, whereas socialist democracy sees it as the mark of an evolutionary immature species. Overall, the individual has been ‘de-naturalized’ over time, resulting in the (...) indeterminate figure who thrives in the post-truth condition. (shrink)

When Peter Strawson subtitled the most celebrated book in ordinary language philosophy, Individuals, ‘An essay in descriptive metaphysics’, he shocked mainly for having reintroduced ‘metaphysics’ into intellectually respectable English a quarter-century after A.J. Ayer had consigned it to the logical positivists' index of forbidden philosophical words . Few at the time appreciated the import of the modifiers ‘descriptive’ and its opposite, ‘revisionary’. Now, another half century on, philosophers have come around to Bertrand Russell's original view that both the ordinary language (...) philosophy Strawson championed and the ideal scientific language philosophy Ayer championed offer alternative metaphysical visions. The remaining question of philosophical interest is what hangs in the balance between a descriptive and revisionary approach to metaphysics – or, for that matter, any branch of philosophy. This paper critically examines the currently dominant descriptive approach from a revisionary standpoint, initially relying on the terms Strawson uses to frame the distinction, and then moving outward to consider its implications for our understanding of the history of modern philosophy, especially the ‘naturalist’ sensibility that has been especially influential in analytic social epistemology. (shrink)

The purpose of this paper is to challenge the suggestion that Kant offers a solution to the Reinhold/Sidgwick Problem in his Metaphysics of Morals. The problem, briefly, is about how Kant can hold moral evil to be imputable when he also seems to hold that freedom is found only in moral actions. After providing a new formulation of this problem under the title ‘Objection R/S’ and describing the popular strategy for addressing it through reference to this text, the paper recounts (...) some of the history relevant to interpreting the passage in question. The paper then argues that this strategy is not supported by the text and indeed proves to be contrary to other arguments that are central to Kant's moral thought. The closing section briefly considers other possible ways of addressing the Objection R/S. (shrink)

The development of nursing ethics as a field of inquiry has largely relied on theories of medical ethics that use autonomy, beneficence, and/or justice as foundational ethical principles. Such theories espouse a masculine approach to moral decision-making and ethical analysis. This paper challenges the presumption of medical ethics and its associated system of moral justification as an appropriate model for nursing ethics. It argues that the value foundations of nursing ethics are located within the existential phenomenon of human caring within (...) the nurse/patient relationship instead of in models of patient good or rights-based notions of autonomy as articulated in prominent theories of medical ethics. Models of caring are analyzed and a moral-point-of-view (MPV) theory with caring as a fundamental value is proposed for the development of a theory of nursing ethics. This type of theory is supportive to feminist medical ethics because it focuses on the subscription to, and not merely the acceptance of, a particular view of morality. (shrink)

The most promising recent attempt to rethink both Discourse Ethics (especially Rawls and Habermas) and Kantian deontology is found in the work of Rainer Forst. This paper suggests the strength of the latter lies in its shift from a theory of justice to a theory of injustice: from the question of what legitimates claims that seek normative consensus, to claims that argue the normative status quo is problematic. In Forst’s idiom: claims arguing the justifications behind that status quo are unacceptable. (...) Yet the association of injustice with justificatory inequality—disparities in people’s capacity to either demand or present reasons—ends up tracking not injustice but mere disagreement. In so doing this theory effectively exposes the broader problem of discourse ethics: its conception of injustice as a (negative) quality of discursive conduct rather than of social relations. At the same time, Forst’s theory also effectively implies a more wholesale rejection of the deontological interpretation of dignity than his reading of Kant suggests. This dual-impasse points to an alternative albeit latent conception of injustice, offering a more promising starting-point for Critical Theory: Injustice understood not as dignity-violations, but as forms of social interdependence predicated on turning certain people systemically vulnerable. (shrink)

Considerable attention has been devoted to the peculiar obligating force of interpersonal promises. But paradigmatic promising is not an orphan in the family of our moral concepts, and the focus on interpersonal promises has overshadowed sibling phenomena that any account of promises should also cover. I examine the case of single-party promises and argue, against the prevailing view, that we have good reason to take the phenomenon of making promises to oneself seriously. This supports what I call ‘the breadth criterion’: (...) theoretical accounts of promising should cover the entire breadth of the phenomenon of promising. I then argue that the breadth criterion poses a novel and formidable obstacle for two prominent views of promising, the social practice view and the expectation view. I conclude by suggesting that there is reason to think that the normative power view of promising may fare better. (shrink)

:InThe Law of Peoples, John Rawls introduces a framework for realistic utopia, within which the limits of practicable political possibility are probed through the further development of his international theory. This essay addresses the apparent paradox of realistic utopianism within the context of, and in relation to, ideal theory, in an attempt to explore the scope and limits of Rawls’s theory. The ideas behind Rawls’s realistic utopia are discussed in detail, the concept is contrasted with ideal theory in order to (...) assess to what extent Rawls’s framework for realistic utopia introduced inThe Law of Peoplesdiffers from other forms of ideal theory, and the limits of realistic utopianism are identified.I argue first, that, in an attempt to address the potential feasibility constraint, Rawls tries to distinguish his framework of realistic utopia from that of more traditional ideal theory. I then proceed to examine the differences between realistic utopianism inThe Law of Peoplesand ideal theory inA Theory of Justice. I then conclude that Rawls only partially meets the challenge of establishing practicable political possibility. In actuality, Rawls’s focus on ideal agents in ideal as well as nonideal theory, together with his emphasis on societies as closed and self-sufficient, ignores the potential for noncompliance by liberal and decent societies, as well as interdependencies between societies that can cause or lead to injustice, conflict, and instability. I argue that despite these flaws, Rawls’s approach nevertheless provokes new insights into the function of the principles of the ideal theory framework as guidelines for real-world policies striving toward peace, stability, and justice. (shrink)

Libertarian arguments about the empirical benefits of capitalism are, as yet, inadequate to convince anyone who lacks libertarian philosophical convictions. Yet “philosophical” libertarianism founders on internal contradictions that render it unfit to make libertarians out of anyone who does not have strong consequentialist reasons for libertarian belief. The joint failure of these two approaches to libertarianism explains why they are both present in orthodox libertarianism—they hide each other's weaknesses, thereby perpetuating them. Libertarianism retains significant potential for illuminating the modern world (...) because of its distance from mainstream intellectual assumptions. But this potential will remain unfulfilled until its ideological superstructure is dismantled. (shrink)

InThe View from Nowhere, Thomas Nagel develops a theory of practical reasoning which attempts to give the personal, or subjective, point of view its due2 while still insisting on the objectivity of ethics.On the objective side, Nagel affirms that there are truths about values and reasons for action which are independent of the ways in which reasons and values appear to us, independent of our own particular beliefs and inclinations (p. 144). The objective foundation for these truths consists in a (...) certain distinctive process of understanding. Objective understanding is explicated in terms of an objective standpoint, a standpoint defined as impersonal, that is, as detached from the subjective point of view. The objective standpoint is structured by a conception ‘of the world as centerless—as containing ourselves and other beings with particular points of view’ (p. 140). As with scientific reasoning, ‘we begin from our position inside the world and try to transcend it by regarding what we find here as a sample of the whole’ (p. 141). (shrink)

Deontological (as opposed to consequentialist) liberals treat freedom of action as an end in itself, not a means to other ends. Yet logically, when one makes a deliberate choice, one treats freedom of action as if it were not an end in itself, for one uses this freedom as a means to the ends one hopes to achieve through one's action. The tension between deontology and the logic of choice is reflected in the paradoxical nature of the ?right to do (...) wrong?; and in Rawls's unsuccessful attempts to justify to acting agents their interest in such a right, embodied in his conception of agents as ?self-validating sources of claims.? A self-validating source of claims is akin to God as envisioned by voluntarist theologians such as Ockham. Leibniz's critique of voluntarism, then, is applicable to the Rawlsian subject: like the voluntarist God, she would be unable to act if it were indeed the case that her action validated itself. (shrink)

This paper examines the efforts of contractualists to develop an alternative to aggregation to govern our duty not to harm (duty to rescue) others. I conclude that many of the moral principles articulated in the literature seem to reduce to aggregation by a different name. Those that do not are viable only as long as they are limited to a handful of oddball cases at the margins of social life. If extended to run-of-the-mill conduct that accounts for virtually all unintended (...) (in the sense of undesired) harm to others—noncriminal activities that impose some risk of harm on others—they would rule out all action. Moreover, because such conduct poses an irreducible conflict between freedom of action and freedom from expected harm, it can be regulated only by principles that accept the necessity of making precisely the sorts of interpersonal trade-offs that contractualism is foundationally committed to reject: trade-offs in which the numbers count, such that a risk of serious harm to one person can be justified by small benefits to the many. (shrink)

Sufficientarians claim that what matters most is that people have enough. I develop and defend a revised sufficientarian conception of justice. I claim that it furnishes the best specification of a general humanitarian ideal of social justice: our main moral concern should be helping those who are badly off in absolute terms. Rival humanitarian views such as egalitarianism, prioritarianism and the difference principle face serious objections from which sufficientarianism is exempt. Moreover, a revised conception of sufficientarianism can meet the most (...) prominent undefeated challenges to the view. I contend that prevailing versions of sufficientarianism have not satisfactorily defined the sufficiency threshold, and so I offer an original specification of the threshold. I also address perhaps the most common objection to sufficientarianism, namely that sufficientarian regimes will channel all of society's resources towards elevating people to the sufficiency threshold regardless of the gains foregone by those above the threshold. (shrink)

This paper argues for the legalization of vote markets. I contend that the state should not prohibit the sale of votes under certain institutional conditions. Jason Brennan has recently argued for the moral permissibility of vote selling; yet, thus far, no philosopher has argued for the legal permissibility of vote selling. I begin by giving four prima facie reasons in favour of legalizing vote markets. First, vote markets benefit both buyers and sellers. Second, citizens already enjoy significant discretion in their (...) use of their vote, including the ability to use their vote in ways antithetical to justice and the public interest. Third, vote markets are relevantly similar to other democratic practices that are legally permissible. Fourth, vote markets enable elections to better reflect the intensity of citizens’ preferences. Next, I reply to two counter-arguments. The first contends that vote markets will increase the political power of the wealthy; the second contends that votes must be used in the serv.. (shrink)

ABSTRACT Ethical thinking about social science research is dominated by a biomedical model whose salient features are the assumption that only potential harms to subjects of research are relevant in the ethical evaluation of that research, and in the emphasis on securing informed consent in order to establish ethical probity. A number of counter‐examples are considered to the assumption, a number of defences against these counter‐examples are examined, and an alternative model is proposed for the ethical evaluation of social science (...) research: a model which can cope with the systemic harms which have been identified. This model is based on John Rawls's idea of original position reasoning and treats social science research as an institutional feature of the basic structure of society. (shrink)

Abstract:The purpose of this paper is to suggest that at least one strain of what has come to be called “stakeholder theory” has roots that are deeply libertarian. We begin by explicating both “stakeholder theory” and “libertarian arguments.” We show how there are libertarian arguments for both instrumental and normative stakeholder theory, and we construct a version of capitalism, called “stakeholder capitalism,” that builds on these libertarian ideas. We argue throughout that strong notions of “freedom” and “voluntary action” are the (...) best possible underpinnings for stakeholder theory, and in doing so, seek to return “stakeholder theory” to its managerial and libertarian roots found in Freeman (1984). (shrink)

In this article, I defend luck at the expense of risk. Or, more precisely, I try to make a distinction that gives both concepts fair treatment. I start by making it clear that luck stands in opposition to control and not to causation. Both luck and risk are related to causal uncertainty. But it is warranted to talk about risk only when the uncertainty involved is brought under control, as it is in some familiar forms of fair gambling such as (...) dicing and roulette. Life is however not a fair gamble. We rarely have the kind of control over the preconditions of life that we have over the preconditions of say dicing. Luck therefore has profound influence on our lives and our health. This means that the standard conception of responsibility - that is, that we stand responsible only for consequences that we control - breaks down far more often than what is usually acknowledged. I therefore end the article by arguing that the standard conception of responsibility ought to be supplemented with a different conception that I have called "responsibility because of social involvement.". (shrink)

This paper examines the relationship between the fields of moral and political philosophy and the study of ideology. It begins by addressing a number of reservations philosophers usually have regarding the scholarly status of ideology research. It then proceeds to highlight the distinct style of philosophical inquiry, namely, its seamless continuity between the study of philosophy and the arguments it examines, which contrasts with the professional language of the study of ideologies, clearly distinguished from that of ideologues. The paper then (...) presents a conceptual perspective for the study of ideologies that complements the contributions from moral and political philosophy. Arguably, moral and political philosophy and ideology studies can fruitfully share methods and insights. (shrink)

Lilian Bermejo-Luque has posed these questions:1.What is the relationship between presumption and presumptive inference? 2.What are the correctness conditions for presumptions and presumptive inferences? Cohen’s method of relevant variables, Toulmin’s model, and Rescher’s theory of plausibility suggest answers. An inference is presumptive just in case its warrant transfers presumption from its premises to its conclusion. A warrant licencing an inference from the claim that an empirical property φ holds to the claim that some other property ψ holds is backed by (...) observation of a constant conjunction of those properties. The stronger the backing, the stronger the warrant. Warrants may be defeated by instances of φ holding in conjunction with some property χ and ψ not holding. The method of relevant variables directs us to organize such defeating properties into relevant variables. We then test the strength of a warrant by seeing how many variables fail to have a value which defeats the warrant. The more variables with no defeater, the stronger the warrant. We may construct a canonical ordering of the relevant variables by ranking them according to the plausibility of their including defeating values. We may evaluate the strength not only of empirically backed warrants, but warrants backed by institutional rules, such as a branch of law, or by a priori intuited connections between properties. An inference rule will be presumptive just in case the plausibility of its warrant being defeated is below some specified level. (shrink)

This article moves between Aristotle, Maimonides, and the Stoics. Aristotle’s moral taxonomy, outlined in NE 7.1, appears problematic, given his view that, in the sphere of moral virtue, the intermediate (temperance, courage) is the extreme, and there is no excess of temperance or courage. This is hard to square with the moral agent whom he describes as possessed of “hyperbolic” (hyperbole, excessive) virtue. As Aristotle has very little to say about the latter, I turn to Maimonides and the Stoics for (...) clarification and enlightenment. (shrink)

Discourse about the use of animals in biomedical research usually focuses on two issues: its empirical and moral use. The empirical issue asks whether the use of nonhumans in experiments is required in order to get data. The moral issue asks whether the use of nonhumans can be defended as matter of ethical theory. Although the use of animals in research may involve a plausible necessity claim, no moral justification exists for using nonhumans in situations in which we would not (...) use humans. (shrink)

Discourse about the use of animals in biomedical research usually focuses on two issues. The first, which I will refer to as the “necessity issue,” is empirical and asks whether the use of nonhumans in experiments is required in order to gather statistically valid information that will contribute in a significant way to improving human health. The second, which I will refer to as the “justification issue,” is moral and asks whether the use of nonhumans in biomedical research, if necessary (...) as an empirical matter, can be defended as a matter of ethical theory.If it is not necessary as an empirical matter to use animals in research, then there is no need to inquire about moral justification. Therefore, I examine the necessity issue first. The argument that it is necessary to use nonhumans in biomedical research, though flawed, is at least plausible, unlike our necessity arguments for other animal uses. I then discuss the justification issue and conclude that we cannot morally justify using nonhuman animals in research. (shrink)

The Argument from Disagreement (AD) (Mackie, 1977) depends upon empirical evidence for ‘fundamental’ moral disagreement (FMD) (Doris and Stich, 2005; Doris and Plakias, 2008). Research on the Southern ‘culture of honour’ (Nisbett and Cohen, 1996) has been presented as evidence for FMD between Northerners and Southerners within the US. We raise some doubts about the usefulness of such data in settling AD. We offer an alternative based on recent work in moral psychology that targets the potential universality of morally significant (...) distinctions (e.g. means vs. side-effects, actions versus omissions). More specifically, we argue that a recent study showing that a rural Mayan population fails to perceive as morally significant the distinction between actions and omissions provides a plausible case of FMD between Mayans and Westerners. (shrink)

The tradition of immanent critique promises a lot. It promises to be critical of the existing social order without appealing to ‘external’ normative standards. I argue that the prospects for immanent criticism are bleak: they must either commit to an implausible social ontology, a flawed meta-normative theory, or both.

Recent decades have seen a resurgence of contractarian thinking about the nature and origins of the state. Scholars in this tradition ask what constraints rational, self-interested actors might deliberately impose upon themselves. In response, Hobbes, Rousseau, Locke, and other early contractarians answered that laws of property were an attractive alternative to “the war of all against all.” More recently, James Buchanan, Russell Hardin, Mancur Olson, Gordon Tullock, and others have used contractarian principles to justify laws that solve a variety of (...) Prisoner's Dilemmas and other collective-action problems. And in the distributional realm, John Rawls and others have applied contractarian analysis to investigate how material wealth ought to be allocated among people. (shrink)

Distributive justice on the income and on the service aspects is the most vexing modern day problem for the creation and maintenance of an all inclusive health care system. A pervasive problem of all current schemes is the lack of effective cost control, which continues to result in increasing burdens for all public and private stakeholders. This proposal posits that the responsibility and financial obligation to achieve an ideal outcome of equal and affordable access and benefits for all citizens is (...) misplaced. The Good Samaritan demonstrated basic ethical principles, which are revisited, elaborated and integrated into a new approach to health care. The participants are limited to individual contributors and beneficiaries and organized as a citizen carried, closed, independent, and self-sufficient self-governing cooperative for their own and the benefit of a minority of disadvantaged health care consumers. The government assumes oversight, provides arbitration, enforces democratic decision making, a scheme of progressive taxation, a separate and transparent accounting system, and a balance between income and reinvestment in health care. The results are a fair distribution of cost, its effective control, and increased individual motivation to take on responsibility for personal health as a private good and a sharpened focus towards community health. At the sociopolitical level the government as well as employers are released from the inappropriate burden of catering to individual health. (shrink)

This essay considers principles of distributive justice for access to reproductive biotechnologies which make it is possible to enhance the traits of human offspring. I provide prima facie reason to think that redistributive principles apply to genetic goods and proceed to evaluate the way in which four distributive patterns - egalitarianism, luck egalitarianism, prioritarianism, and sufficientarianism - would implement a just distribution of genetic goods. I argue that the currency of genetic redistribution consists in natural primary goods like health, vision, (...) and rationality as these goods contribute to the biological component of basic capabilities, like being healthy, seeing properly, and being able to reason. I develop a mixed sufficiency/priority approach to genetic enhancement, and defend this approach against objections. (shrink)

In a little noted passage in A Theory of Justice, John Rawls argued that genetic intervention in the traits of offspring may be morally required as a matter of distributive justice. Given that the “greater natural assets” of each “enables him to pursue a preferred plan of life[,]” Rawls wrote, the parties to the original position “want to insure for their descendents the best genetic endowment.…Thus over time a society is to take steps at least to preserve the general level (...) of natural abilities and to prevent the diffusion of serious defects.…The pursuit of reasonable policies in this regard is something that earlier generations owe to later ones.” Whether biological enhancement actually is a moral obligation we owe to future generations is a question that I have taken up elsewhere, but which lies beyond my scope here. If we agree with Rawls that some measure of safe and effective genetic intervention may be required as a matter of justice, it stands to ask how the distribution of genetic goods – that is, the hereditary basis of human traits – should be carried out. (shrink)

Modern American nursing has an extensive ethical heritage literature that extends from the 1870s to 1965 when the American Nurses Association issued a policy paper that called for moving nursing education out of hospital diploma programs and into colleges and universities. One consequence of this move was the dispersion of nursing libraries and the loss of nursing ethics textbooks, as they were largely not brought over into the college libraries. In addition to approximately 100 nursing ethics textbooks, the nursing ethics (...) heritage literature also includes hundreds of journal articles that are often made less accessible in modern databases that concentrate on the past 20 or 30 years. A second consequence of nursing’s movement into colleges and universities is that ethics was no longer taught by nursing faculty, but becomes separated and placed as a discrete ethics course in departments of philosophy or theology. These courses were medically identified and rarely incorporated authentic nursing content. This shift in nursing education occurs contemporaneously with the rise of the field of bioethics. Bioethics is rapidly embraced by nursing, and as it develops within nursing, it fails to incorporate the rich ethical heritage, history, and literature of nursing prior to the development of the field of bioethics. This creates a radical disjunction in nursing’s ethics; a failure to more adequately explore the moral identity of nursing; the development of an ethics with a lack of fit with nursing’s ethical history, literature, and theory; a neglect of nursing’s ideal of service; a diminution of the scope and richness of nursing ethics as social ethics; and a loss of nursing ethical heritage of social justice activism and education. We must reclaim nursing’s rich and capacious ethics heritage literature; the history of nursing ethics matters profoundly. (shrink)

John Tomasi’s Free Market Fairness introduces several powerful arguments in favour of a novel and surprising thesis: the best way to realize Rawls’s principles of justice is a free market society, rather than the arrangements that Rawls himself believed would best promote justice. In this paper, I adduce three arguments against Tomasi. First, I suggest that his view rests on a faulty understanding of what constitutes conventional property rights. Second, I argue that many market solutions generate choices which are not (...) valuable ones for the agent to have to make. Third, I show that many choices created by the market systems Tomasi favours create the illusion that citizens are making their own choices when in fact they are not. I suggest that taken together these three arguments are sufficient to defend Rawlsian institutional arrangements against Tomasi’s challenge. (shrink)

What kind of equality should we value and why? Current debate centres around whether distributive equality is valuable. However, it is not the only (potentially) morally significant form of equality. David Miller and T. M. Scanlon have emphasised the importance of social equality—a strongly egalitarian notion distinct from distributive equality, and which cannot be reduced to a concern for overall welfare or the welfare of the worst-off. However, as debate tends to focus on distribution, social equality has been neglected and (...) we do not have a clear understanding of what it is and why it might be valuable. This paper aims to address this gap. (shrink)

This paper examines the differences between moralist, realist, and pragmatist approaches to political legitimacy by articulating their largely implicit views of judgment. Three claims are advanced. First, the salient opposition among approaches to legitimacy is not between “moralism” and “realism.” Recent realist proposals for rethinking legitimacy share with moralist views a distinctive form, called “normativism”: a quest for knowledge of principles that solve the question of legitimacy. This assumes that judging legitimacy is a matter of applying such principles to a (...) case at hand. Second, neither Rawls nor Habermas is a normativist about political legitimacy. The principles of legitimacy they proffer claim to express rather than adjudicate the legitimacy of a liberal-democratic regime, and thus cannot solve the question of legitimacy at a fundamental level. But perhaps we should question the normativist aspiration to theoretically resolving the problem to begin with. My third claim is that a “pragmatist” approach enables us to rethink political legitimacy more deeply by shifting focus from the articulation of principles to the activity of judging. Implicit in Rawls’s and Habermas’s theories I then find clues towards an alternative account of judgment, in which the question of legitimacy calls not for theoretical resolution but for ongoing practical engagement. (shrink)

Taking the work of Amartya Sen as a point of departure, a case is made that there may be no single policy with as many potential benefits as a guaranteed job at a living wage–benefits package for every person ready and willing to work. The case is outlined in 4 arguments. Along the way, numerous social and economic costs of unemployment and underemployment and benefits of full employment are catalogued. Reference is also made to how the right to employment is (...) supported by a variety of arguments for social justice, an area in which Sen has made important contributions. (shrink)