The government itself, which is the only mode which the people have chosen to execute their will, is equally liable [with the standing army] to be abused and perverted before the people can act through it. Witness the present Mexican war, the work of comparatively a few individuals using the standing government as their tool; for, in the outset, the people would not have consented to this measure. Henry Thoreau, in “Civil Disobedience” It is easy to say — and often (...) is said — that we cannot have tolerable relations with new revolutionary regimes. The problem is that our anticommunist paranoia has made it impossible to find out. We do not know whether Mao's declared interest in a relationship with the Americans in the 1940s or Ho Chi Minh's were sincere. And the reason we don't know is that we never tried to find out. Those who reported it was a possibility were hounded out of the foreign service because of our suspicion and fear of communism. The legacy of that era brings to mind Ivan the Terrible's practice of murdering the bearer of bad news. We are more civilized than that; we have been content simply to ruin people's careers. J. William Fulbright, in The Price of Empire This poisonous thing I'm trying to describe is [a] characteristic way of dealing with criticism. It used to be enough to brand a critic as a radical or a leftist to make people turn away. Now we need only to call him a liberal. Soon “moderate” will be the M word, “conservative” will be the C word and only fascists will be in the mainstream. E. L. Doctorow, Brandeis Commencement, May 21, 1989 We have lived with violence for seven years It was not worth one single life But the patriot's fist is at her throat Her voice is in mortal danger... Adrienne Rich, “Natural Resources,” in Dream of a Common Language. (shrink)

The government itself, which is the only mode which the people have chosen to execute their will, is equally liable [with the standing army] to be abused and perverted before the people can act through it. Witness the present Mexican war, the work of comparatively a few individuals using the standing government as their tool; for, in the outset, the people would not have consented to this measure. Henry Thoreau, in “Civil Disobedience”It is easy to say — and often is (...) said — that we cannot have tolerable relations with new revolutionary regimes. The problem is that our anticommunist paranoia has made it impossible to find out. We do not know whether Mao's declared interest in a relationship with the Americans in the 1940s or Ho Chi Minh's were sincere. And the reason we don't know is that we never tried to find out. Those who reported it was a possibility were hounded out of the foreign service because of our suspicion and fear of communism. The legacy of that era brings to mind Ivan the Terrible's practice of murdering the bearer of bad news. We are more civilized than that; we have been content simply to ruin people's careers. J. William Fulbright, in The Price of Empire (1989) This poisonous thing I'm trying to describe is [a] characteristic way of dealing with criticism. It used to be enough to brand a critic as a radical or a leftist to make people turn away. Now we need only to call him a liberal. Soon “moderate” will be the M word, “conservative” will be the C word and only fascists will be in the mainstream. E. L. Doctorow, Brandeis Commencement, May 21, 1989We have lived with violence for seven yearsIt was not worth one single lifeBut the patriot's fist is at her throatHer voice is in mortal danger...Adrienne Rich, “Natural Resources,” in Dream of a Common Language (Norton, 1978). (shrink)

What is a duty of justice? And how is it different from a duty of beneficence? We need a clear account of the contrast. Unfortunately, there is no consensus in the philosophical literature as to how to characterize it. Different articulations of it have been provided, but it is hard to identify a common core that is invariant across them. In this paper, I propose an account of how to understand duties of justice, explain how it contrasts with several proposals (...) as to how to distinguish justice and beneficence, respond to some objections and suggest further elaborations of it. The conceptual exploration pursued in this paper has practical stakes. A central aim is to propose and defend a capacious concept of justice that makes a direct discussion of important demands of justice (domestic and global) possible. Duties of justice can be positive besides negative, they can be imperfect as well as perfect, they can range over personal besides institutional contexts, they can include multiple associative reasons such us non-domination, non-exploitation and reciprocity, and they can even go beyond existing national, political, and economic associative frameworks to embrace strictly universal humanist concerns. We should reject ideological abridgments of the concept of justice that render these possibilities, and the important human interests and claims they may foster, invisible. (shrink)

For many contemporary liberals, Anglo-American democracy seems unimpeachably the best political form. In contrast, adherence to democratic values seems an area in which most Marxian regimes, and perhaps Marx himself, are strikingly deficient. Further, Marxian theory insists on the existence of oppressive ruling classes in all capitalist societies and on the need for class struggle and violent revolution to achieve a more cooperative regime – theses which liberal social theories tend to dismiss peremptorily. From the perspective of modern liberal democratic (...) theory, Marxian arguments seem prima facie outlandish and even morally objectionable. (shrink)

This article invokes the idea of a wise society, something that has received little attention from contemporary philosophers. It argues that, given plausible interpretations of the relevant terms, the wiser a society is, the less free it is. Even if one prefers a different account of a wise society, the argument in question is significant, for on this account a wise society possesses features that would seem to be desirable whatever their relationship to wisdom in particular: it makes many true (...) value judgments. What is it for a society to make a true value judgment? An account is offered, and it is argued that all else being equal, a society that increases its stock of true value judgments so understood becomes less free. A number of questions that this argument may prompt are discussed. (shrink)

(2000). Caring at a Distance: (Im)partiality, Moral Motivation and the Ethics of Representation - Manipulation and Exploitation? Western Media and the Third World. Ethics, Place & Environment: Vol. 3, No. 3, pp. 317-319. doi: 10.1080/713665895.

This article examines how the so-called disembodied criminal subject is given structure and form through the law of homicide and assault. By analysing how the body is materialised through the criminal law’s enactment of death and injury, this article suggests that the biological positioning of these harms of violence as uncontroversial, natural, and universal conditions of being ‘human’ cannot fully appreciate what makes violence wrongful for us, as embodied entities. Absent a theory of the body, and a consideration of corporeality, (...) the criminal law risks marginalising, or altogether eliding, experiences of violence that do not align with its paradigmatic vision of what bodies can and must do when suffering its effects. Here I consider how the bionic body disrupts the criminal law’s understanding of human violence by being a body that is both organic and inorganic, and capable of experiencing and performing violence in unexpected ways. I propose that a criminal law that is more receptive to the changing, technologically mediated conditions of human existence would be one that takes the corporeal dimensions of violence more seriously and, as an extension of this, adopts an embodied, embedded, and relational understanding of human vulnerability to violence. (shrink)

To what extent does the common claim that childhood is ‘socially constructed’ affect the ethical debate on the ‘intrinsic’ and ‘special’ goods of childhood? Philosophers have referred to this kind of goods in their critique of overly adult-centred and future-oriented conceptions of childhood. The view that some goods are child-specific, in the sense that they are only good for children, not for adults, seems to presuppose an understanding of what children ‘are’, and how they differ from adults. However, if the (...) social-constructionist view is accepted, it cannot be assumed that childhood is a given. This essay claims that the social-constructionist understanding of childhood does not undermine the debate on the moral status and the goods of childhood, but that nevertheless important lessons can be drawn from the insight that childhood, as we know it, is not a natural and universal phenomenon. (shrink)

Is there anything morally special about free exchange? In asking this, I am asking not only about extreme, so-called “libertarian” views, on which free exchange is sacrosanct, but about more widespread, moderate views, on which there is at least something morally special about free exchange. On these more compromising views, other moral considerations may override the moral importance of free exchange, but even when rights of free exchange are restricted for good reason, something morally important is lost. For some, free (...) exchange may preserve liberty, in some morally significant sense, or realize some such moral value as “to each his own.” Alternatively, a system of free exchange may have a special moral status by virtue of the kinds of pragmatic arguments that economists give, arguments that free exchange produces good social results. Whether free exchange has any such virtues as these is the broad question I address in this paper. I offer what I have to say somewhat in the spirit of an overview. Philosophical scrutiny and economic analysis combine, it seems to me, to delineate fairly clearly what is, and what is not, morally special about free exchange. (shrink)

Rawls' Difference Principle asserts that a basic economic structure is just if it makes the worst off people as well off as is feasible. How well off someone is is to be measured by an ‘index’ of ‘primary social goods’. It is this index that gives content to the principle, and Rawls gives no adequate directions for constructing it. In this essay a version of the difference principle is proposed that fits much of what Rawls says, but that makes use (...) of no index. Instead of invoking an index of primary social goods, the principle formulated here invokes a partial ordering of prospects for opportunities. (shrink)

. Caring at a Distance: partiality, Moral Motivation and the Ethics of Representation - Asylum and the Principle of Proximity. Ethics, Place & Environment: Vol. 3, No. 3, pp. 313-317.

By meeting needs for individualized love and relatedness, the care we receive deeply shapes our social and economic chances and therefore represents a form of luck. Hence, distributive justice requires a fair distribution of care in society. I look at different ways of ensuring this and argue that full redistribution of care is beyond our reach. I conclude that a strong individual morality informed by an ethics of care is a necessary complement of well-designed institutions.

Three claims about love and justice cannot be simultaneously true and therefore entail a paradox: (1) Love is a matter of justice. (2) There cannot be a duty to love. (3) All matters of justice are matters of duty. The first claim is more controversial. To defend it, I show why the extent to which we enjoy the good of love is relevant to distributive justice. To defend (2) I explain the empirical, conceptual and axiological arguments in its favour. Although (...) (3) is the most generally endorsed claim of the three, I conclude we should reject it in order to avoid the paradox. (shrink)

L’objectif de ce papier est double : d’une part défendre l’idée que la théorie de la justice proposée par le libertarisme de gauche fait de la figure de l’entrepreneur une éminence grise, centrale, bien que très rarement mentionnée et, d’autre part, discuter les critiques qui ont été adressées à cette théorie de la justice.

Human rights are rights which all persons equally have simply insofar as they are human. But are there any such rights? How, if at all, do we know that there are? It is with this question of knowledge, and the related question of existence, that I want to deal in this paper. 1. CONCEPTUAL QUESTIONS The attempt to answer each of these questions, however, at once raises further, more directly conceptual questions. In what sense may human rights be said to (...) exist? What does it mean to say that there are such rights or that persons have them? This question, in turn, raises a question about the nature of human rights. What is the meaning of the expression “human rights”? Within the limits of the present paper I cannot hope to deal adequately with the controversial issues raised by these conceptual questions. But we may make at least a relevant beginning by noting that, in terms of Hohfeld's famous classification of four different kinds of rights, the human rights are primarily claim-rights, in that they entail correlative duties of other persons or groups to act or to refrain from acting in ways required for the right-holders' having that to which they have rights. It will help our understanding of this and other aspects of human rights if we note that the full structure of a claim-right is given by the following formula: A has a right to X against B by virtue of Y. There are five main elements here: first, the Subject of the right, the person or persons who have the right; second, the Nature of the right; third, the Object of the right, what it is a right to; fourth, the Respondent of the right, the person or persons who have the correlative duty; fifth, the Justifying Basis or Ground of the right. (shrink)

How can anyone be opposed to private philanthropy? Such philanthropy consists in persons freely giving of their wealth or other goods to benefit individuals and groups they consider worthy of support. As private persons, they act apart from – although not, of course, in contravention of – the political apparatus of the state. In acting in this beneficent way, the philanthropists are indeed, as their name etymologically implies, lovers of humanity; and their efforts are also justified as exercises of their (...) right to freedom, including the free use of the resources they own, which they have presumably acquired by their own free efforts or by the efforts of other persons who have freely transferred these resources to them. Thus, private philanthropy combines two of the highest values of individual and social morality: personal freedom and interpersonal beneficence. I. Moral Problems of Private Philanthropy Many questions about moral, and especially human, rights arise from private philanthropy as thus briefly characterized. These questions may be divided into three sets, which focus respectively on the agents of philanthropy, on the recipients of philanthropy, and on the objects for which philanthropic awards are given. First, regarding the agents: Do they have a right to all the wealth they possess? Have they accumulated this wealth in a way that has respected the moral rights of other persons? If the answer is negative, even in part, then in what morally valid sense is all the wealth in question theirs to give away, even if they use it for philanthropic purposes: Do they have a right to give it away as they choose? (shrink)

This paper builds on Iris Young's work to argue that social justice in education has to be understood in relation to particular contexts of enactment. More specifically, the author argues that it is not possible to make cross‐national or other comparative assessments of social justice without consideration of the ways in which justice is enacted in practice. The contextualized approach to justice that the author is advocating involves: first a recognition of the multi‐dimensional nature of justice and the potential for (...) conflict between different facets of justice; second, attention to the ways in which concerns of justice are mediated by the other norms and constraints that motivate actors; and third, a consideration of the way in which contradictions between different facets of justice and these other norms and between justice concerns and the constraints that compete with justice are differentially shaped by the levels and settings in which the actors are operating. This contextualized approach is illustrated using an interview with one mother's encounters with the English education system. (shrink)

Research Articles Lloyd P. Gerson, Social Philosophy and Policy, FirstView Article.

Abstract: The point of this paper is to undermine the support that particularism in the domain of epistemic reasons might seem to give to particularism in the domain of practical reasons. In the epistemic domain, there are two related notions: truth and the rationality of belief. Epistemic reasons are related to the rationality of belief, and not directly to truth. In the domain of practical reasons, however, the role of truth is taken by the notion of objective rationality. Practical reasons (...) are directly relevant to this objective notion, and therefore the reasons to expect holism and particularism in the epistemic domain do not transfer to the domain of practical rationality. (shrink)

Modern utilitarianism has largely abandoned the view that human well-being consists solely in pleasurable sensations. Too much was wanting in that view for it to withstand the critique of a more refined philosophical psychology than was available to Bentham and Mill. The objections are by now familiar and need no detailed rehearsal. The older view failed to characterize adequately the structure of human satisfactions, forgetting that we can care about things that will happen after we are dead, that we generally (...) prefer to be told a distasteful truth to a comforting lie, and that we wish to be actors in our own lives and not merely passive recipients of pleasures from external sources. The extent to which a life is a flourishing one cannot be determined by summing the pleasures and pains, and calculating the balance. Nor, indeed, can it be determined by summing anything else. A life that is happy or eudaimon in the Aristotelian sense is an organic unity in which the significance of its parts rests on their contribution to the meaning of the whole. Nur im Zusammenhange eines Lebens hat ein Erlebnis Bedeutung. Utilitarianism needs to find a way of incorporating an organic view of human satisfaction. (shrink)

ABSTRACT The notion of consensus plays an important epistemological role in modern welfare economics, in that unanimous consent is a (unique) conceptual test for those changes that are ‘Pareto-desirable’ (that is, make someone better off and no-one else worse). In this paper, we seek to show that unanimous consent does not logically imply Pareto-desirability—that a rational individual may fail to veto policy changes that make him/her worse off. The central element in the proof of this proposition is the observation that (...) in social agreements involving a significant number of participants, any one individual's veto is decisive if it is the only veto. If the individual does not expect to be decisive, he will rationally exercise his vote ‘expressively’, and without sole regard to its consequences. When all individuals so act, a sort of prisoners' dilemma interaction may emerge, even under explicit consensus. (shrink)

The vegan ideal is entailed by arguments for ethical veganism based on traditional moral theory (rights and/or utilitarianism) extended to animals. The most ideal lifestyle would abjure the use of animals or their products for food since animals suffer and have rights not to be killed. The ideal is discriminatory because the arguments presuppose a male physiological norm that gives a privileged position to adult, middle-class males living in industrialized countries. Women, children, the aged, and others have substantially different nutritional (...) requirements and would bear a greater burden on vegetarian and vegan diets with respect to health and economic risks, than do these males. The poor and many persons in Third World nations live in circumstances that make the obligatory adoption of such diets, where they are not already a matter of sheer necessity, even more risky.Traditional moral theorists (such as Evelyn Pluhar and Gary Varner whose essays appear in this issue) argue that those who are at risk would beexcused from a duty to attain the virtue associated with ethical vegan lifestyles. The routine excuse of nearly everyone in the world besides adult, middle-class males in industrialized countries suggests bias in the perspective from which traditional arguments for animal rights and (utilitarian) animal welfare are formulated. (shrink)

NGO-based and rigorously monitored development programmes are bringing about important and positive socio-economic changes in the developing world. However, there are numerous instances of the employment of aggressive and grueling monitoring techniques which objectify the subject of development, the primary stakeholder, claiming development results as the successful achievement of goals of the donor or implementing organization. It is in this context that one can speak of an ethic of monitoring development programmes. The paper argues that such an ethic can be (...) positively based on principles like empowering people through development work without hurting their sense of self-worth, the principle of trust and partnership and, negatively, never striving to objectify any person or people for the achievement of some objective, even if this objective is in itself honourable and desirable. The paper contends that if development is freeing the subject, the central player, to exercise their capability to live their life to the fullest, then development monitoring and development work in general has to enhance freedom, autonomy and openness. (shrink)

It is a commonplace that contemplation of an imaginary particular may have cognitive and motivational effects that differ from those evoked by an abstract description of an otherwise similar state of affairs. In his Treatise on Human Nature, Hume ([1739] 1978) writes forcefully of this.

John Mackie famously dismissed the rational tenability of moral objectivism with two quick arguments. The second, the so-called “argument from queerness,” proceeds as follows. A commitment to moral objectivism brings with it a commitment to the existence of moral properties as “queer” as Platonic Forms that are apprehended only through occult faculties like so-called “moral intuition” (Mackie 1977, 38). Since we have no reason to believe that there is any faculty such as moral intuition that serves as a reliable Form (...) detector, we equally have no reason to accept moral objectivism (1977, 23–24, 38–41). Recently, Julia Annas has observed that Mackie has offered us “a coarse and imperceptive interpretation of Plato,” in addition to a mistaken account of the epistemic requirements of moral objectivism (2001, 238). But one might worry that the case Annas makes for the homely nature of Platonic moral knowledge—it’s just like plumbing, only non-optional (2001, 246)—rests, as she admits, on her focus on dialogues like the Laches, in which the analogy between the moral virtues and crafts like flute-playing, shoe-making, and navigating is emphasized (2001, 244). Annas explicitly leaves open the question whether Mackie’s interpretation might capture Plato’s conception of moral knowledge in dialogues like the Republic, in which the analogy between moral and mathematical knowledge is emphasized (2001, 243). Yet it is clear from Mackie’s brief remarks about Plato that he has the Republic primarily in mind (Mackie 1977, 23–24). (shrink)

Who is responsible for fighting domination? Answering this question, I argue, requires taking the structural dimension of domination seriously to avoid unwillingly reproducing domination in the nam...

This essay analyses optimal voting rules for one form of deliberative democracy. Drawing on public choice analysis, it is argued that the voting rule that best institutionalises deliberative democracy is a type of a supermajority rule. Deliberative democracy is also committed to the standard neutrality condition according to which if x votes are enough to select alternative A, x votes must be enough to select not-A. Taken together, these imply that deliberative democracy will often be indeterminate. This result shows that (...) deliberative democracy is ill-equipped to provide guidance as to how actual political disputes are to be legitimately resolved. (shrink)

:Some understand utopia as an ideal society in which everyone would be thoroughly informed by a moral ethos: all would always act on their pure conscientious judgments about justice, and so it would never be necessary to provide incentives for them to act as justice requires. In this essay I argue that such a society is impossible. A society of purely conscientiously just agents would be unable to achieve real justice. This is the Paradox of Pure Conscientiousness. This paradox, I (...) argue, can only be overcome when individuals are prepared to depart from their own pure, conscientious, judgments of justice. (shrink)

This essay examines two different modes of reasoning about justice: an individual mode in which each individual judges what we all ought to do and a social mode in which we seek to reconcile our judgments of justice so that we can share common rules of justice. Social contract theory has traditionally emphasized the second, reconciliation mode, devising a central plan to do so. However, I argue that because we disagree not only in our judgments of justice but also about (...) the degree of reconciliation justice calls for, the social contract presupposes a single, controversial, answer to the proper degree of reconciliation. In place of the social contract’s ‘top-down’ approach, this article explores the idea of self-organizing moral systems, in which each individual, acting on her own views of justice, responds to the decisions of others, forming systems of shared justice. Several basic agent-based models are explored to begin to understand the dynami... (shrink)

William Perm summarized the Magna Carta thus: “First, It asserts Englishmen to be free; that's Liberty. Secondly, they that have free-holds, that's Property.” Since at least the seventeenth century, liberals have not only understood liberty and property to be fundamental, but to be somehow intimately related or interwoven. Here, however, consensus ends; liberals present an array of competing accounts of the relation between liberty and property. Many, for instance, defend an essentially instrumental view, typically seeing private property as justified because (...) it is necessary to maintain or protect other, more basic, liberty rights. Important to our constitutional tradition has been the idea that “[t]he right to property is the guardian of every other right, and to deprive a people of this, is in fact to deprive them of their liberty.” Along similar lines, it has been argued that only an economic system based on private property disperses power and resources, ensuring that private people in civil society have the resources to oppose the state and give effect to basic liberties. Alternatively, it is sometimes claimed that only those with property develop the independent characters that are necessary to preserve a regime of liberty. But not only have liberals insisted that, property is a means of preserving liberty, they have often conceived of it as an embodiment of liberty, or as a type of liberty, or indeed as identical to liberty. This latter view is popular among contemporary libertarians or classical liberals. Jan Narveson, for instance, bluntly asserts that “Liberty is Property,” while John Gray insists that “[t]he connection between property and the basic liberties is constitutive and not just instrumental.”. (shrink)

Economic man seeks to maximize utility. The rationality of economic man is assumed, and is identified with the aim of utility-maximization. But may rational activity correctly be identified with maximizing activity? The object of this essay is to explore, and in part to answer, this question.This is not an issue solely, or perhaps even primarily, about the presuppositions of economics. The two great modern schools of moral and political thought in the English-speaking world, the contractarian and the utilitarian, identify rationality (...) with maximization, and bring morality into their equations as well. To the contractarian, rational man enters civil society to maximize his expectation of well-being, and morality is that system of principles of action which rational men collectively adopt to maximize their well-being. To the utilitarian, the rational and moral individual seeks the maximum happiness of mankind, with which he identifies his own maximum happiness. (shrink)

In his recent paper, “Justice as Fairness: Political not Metaphysical,” John Rawls makes use of a footnote to disown what to many readers must have seemed one of the most striking and original underlying ideas of his theory of justice, that it “is a part, perhaps the most significant part, of the theory of rational choice.” That Rawls should issue this disclaimer indicates, at least in my view, that he has a much clearer understanding of his theory, and its relationship (...) to rational choice than he did at the time that he wrote A Theory of Justice. As I note in Morals by Agreement, Rawls does not show that principles of justice are principles of rational choice. Hence, in appropriating the idea, I can claim diat I am undertaking a pioneering enterprise. No doubt Thomas Hobbes would have undertaken it had the resources of the theory of rational choice been at his disposal, but I do not intend to pursue counterfactuals in a search for historical antecedents. Moral theory as rational choice theory is, I claim, a new venture. (shrink)

Michael Moehler’s Minimal Morality is a wonderful and important book, from which I have learned a great deal. It reinvigorates rational choice moral theory in the process of confronting what I see as the most important issue in social and moral philosophy today: can those in a deeply morally divided society endorse a common moral framework to structure social cooperation? Is a rational moral order possible under conditions of deep and wide moral diversity? Minimal Morality’s answers are thoughtful and innovative. (...) I am not, however, entirely persuaded that Minimal Morality can fulfil its promise of grounding a cooperative order when ‘traditional’ modes moral justification cannot. (shrink)

In 1974, George Grant delivered the Josiah Wood lectures at Mount Allison University on the theme English-Speaking Justice. The lectures, first published in 1978, have been republished, and a volume of later essays on somewhat related themes has recently appeared. Grant's work offers an impressionistic but deep challenge to the conception of justice in modern moral thought and practice, a challenge paralleled, in interesting and important ways, by concerns about morality raised in the writings of such persons as Alasdair MacIntyre, (...) Bernard Williams, and, perhaps more surprisingly, J. L. Mackie. In this review, I want briefly to expound Grant's treatment of justice, to exhibit its relationships to other disquieting accounts, and to suggest some of the resources available to contractarian moral theory for lightening what for Grant is a terrifying darkness. (shrink)

Justificatory liberalism is liberal in an abstract and foundational sense: it respects each as free and equal, and so insists that coercive laws must be justified to all members of the public. In this essay I consider how this fundamental liberal principle relates to disputes within the liberal tradition on “the extent of the state.” It is widely thought today that this core liberal principle of respect requires that the state regulates the distribution of resources or well-being to conform to (...) principles of fairness, that all citizens be assured of employment and health care, that no one be burdened by mere brute bad luck, and that citizens' economic activities must be regulated to insure that they do not endanger the “fair value” of rights to determine political outcomes. I argue in this essay: a large family of liberal views are consistent with the justificatory liberals project, from classical to egalitarian formulations ; overall, the justificatory project tilts in the direction of classical formulations. (shrink)

My concern in this paper is with the illumination that the theory of rational bargaining sheds on the formulation of principles of justice. I shall first set out the bargaining problem, as treated in the theory of games, and the Nash solution, or solution F. I shall then argue against the axiom, labeled “independence of irrelevant alternatives,” which distinguished solution F, and also against the Zeuthen model of the bargaining process which F formalizes.

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)

In this article I articulate two pairs of theses about the relationship between the right and the good and I sketch an account of morality that systematically vindicates all four theses, despite a nearly universal consensus that they are not all true. In the first half I elucidate and motivate the theses and explain why leading ethical theorists maintain that at least one of them is false; in the second half I present the outlines of an account of the relationship (...) between the right and the good satisfying all four theses. (shrink)

Despite great advances in recent scholarship on the political philosophy of John Rawls, Rawls’s conception of stability is not fully appreciated. This essay aims to remedy this by articulating a more complete understanding of stability and its role in Rawls’s theory of justice. I argue that even in A Theory of Justice Rawls maintains that within liberal democratic constitutionalism judgments of relative stability typically adjudicate decisively among conceptions of justice and is committed to more deeply than to the substantive content (...) of justice as fairness. This essay thus emphasizes the continuity of Rawls’s thought over time and motivates the position that Rawlsian stability is as philosophically significant and distinctively Rawlsian as justice as fairness itself. (shrink)

This article seeks to revisit the relationship between Rawls’s contractarianism and the moral status of animals, paying particular attention to the recent literature. Despite Rawls’s own reluctance to include animals as recipients of justice, and my own initial scepticism, a number of scholars have argued that his theory does provide resources that are useful for the animal advocate. The first type takes Rawls’s exclusion of animals from his theory of justice at face value but argues that animals can still be (...) protected within a moral realm independently of justice, or indirectly through the motivations of human contractors. The second type adapts his theory in a way that enables animals to be included within a contractarian theory of justice. It is argued, though, that none of the responses offered is successful in providing a sphere of protection for animals from within Rawls’s contractarian theory. It is doubtful if Rawls’s intention was for animals to receive a significant degree of protection within a moral realm independently of justice, and equally doubtful if the contractors in the original position would be motivated to act on behalf of animals. In the case of the second, whilst Rawlsian resources can be utilised to justify the attempt to amend the veil of ignorance so as to include animals, these are not dependent on a contractural agreement. Similarly, placing emphasis on social-co-operation as a means of incorporating animals into a theory of justice is flawed, not least because, paradoxically, it works for domesticated animals whilst they are being exploited. (shrink)

Sometimes a theory is interpreted realistically--i.e., as literally true--whereas sometimes a theory is interpreted instrumentalistically--i.e., as merely a convenient device for summarizing, systematizing, deducing, etc., a given body of observable facts. This paper is part of a program aimed at determining the basis on which scientists decide on which of these interpretations to accept a theory. I proceed by examining one case: the nineteenth-century debates about the existence of atoms. I argue that there was a gradual transition from an instrumentalist (...) to a realistic acceptance of the atomic theory, because of gradual increases in its predictive power, the "testedness" of its hypotheses, the "determinateness" of its quantities, and because of resolutions of doubts about the acceptability of its basic explanatory concepts. (shrink)

The two leading traditions of theorizing about democratic legitimacy are liberalism and deliberative democracy. Liberals typically claim that legitimacy consists in the consent of the governed, while deliberative democrats typically claim that legitimacy consists in the soundness of political procedures. Despite this difference, both traditions see the need for legitimacy as arising from the coercive enforcement of law and regard legitimacy as necessary for law to have normative authority. While I endorse the broad aims of these two traditions, I believe (...) they both misunderstand the nature of legitimacy. In this essay I argue that the legitimacy of a law is neither necessary nor sufficient for its normative authority, and I argue further that the need for legitimacy in law arises regardless of whether the law is coercively enforced. I thus articulate a new understanding of the legitimacy and authority of law. (shrink)