Various authors hold that what is wrong with risk imposition is that being at risk diminishes the opportunities available to an agent. Arguably, even when risk does not result in material or psychological damages, it still represents a setback in terms of some legitimate interests. However, it remains to be specified what those interests are. This article argues that risk imposition represents a diminishment of overall freedom. Freedom will be characterized in empirical terms, as the range of unimpeded actions available (...) to an agent. After briefly outlining the main characteristics of overall freedom as defended by Hillel Steiner and Ian Carter, the article shows that this notion is able to capture many of our intuitions about when and how risk imposition disadvantages an agent, without reference to welfare indicators. The article argues that if this non-welfarist perspective can be defended, then it would be easier to approach a number of applied questions about risk, including the questions of when risk imposition is permissible or legitimate, in which ways risk can be an object of distributive justice and how one can be compensated for being subject to a risk. (shrink)

During the 2007–2008 global food crisis, the prices of primary foods, in particular, peaked. Subsequently, governments concerned about food security and investors keen to capitalize on profit-maximizing opportunities undertook large-scale land acquisitions (LASLA) in, predominantly, least developed countries (LDCs). Economically speaking, this market reaction is highly welcome, as it should (1) improve food security and lower prices through more efficient food production while (2) host countries benefit from development opportunities. However, our assessment of the debate on the issues indicates critical (...) voices in both the media and academic discourse. This article aims to provide a philosophical law and economics analysis. We draw on John Rawls’s Theory of Justice, focusing on Rawls’s background institutions for distributive justice (§43) to evaluate LASLA form an ethical angle. Approaching LASLA into Sub Saharan LDCs as a socio-economic reform redistributing land from the local population of LDCs to investors, we acknowledge that they bear a highly desirable potential. Often, though, they cannot be regarded as ethically correct in practice as the insignificant improvements for local populations and sometimes even human rights violations contradict Rawls’s principles of justice. Then investigating whether and how international law can help overcome the shortcomings, we conclude that even though respective mechanisms exist in the current state of international law, it is hardly possible that it will produce more just outcomes in the near future. (shrink)

How should we talk to Angry Uncle, or attempt to persuade any very ignorant audience? This paper discusses several strategies, including fact dumping, consistency checking, pandering, and just being friendly. It defends the continued value of fact dumping and consistency checking despite skeptical doubts rooted in recent cognitive science literature about their strategic efficacy. Pandering and friendliness often fail to confront our audience with epistemic resistance and so face serious limitations as means of responding to ignorance. Any reasonable view of (...) how to talk to Angry Uncles must also consider how to meet relevant moral standards, such as showing respect for ourselves, our audience, and important social causes. Without some fact dumping and consistency checking, pandering and friendliness often fail to meet these standards. All in all, the various modes work best together, and it would be a mistake to conclude from unfavorable cognitive science research that we should avoid fact dumping and consistency checking in Angry Uncle exchanges. (shrink)

According to some accounts of exploitation, most notably Ruth Sample’s degradation-based account and Robert Goodin’s vulnerability-based account, exploitation occurs when an advantaged party fails to constrain their advantage in light of another’s disadvantage, regardless of the cause of this disadvantage. Because the duty of constraint in these accounts does not depend on the cause of the disadvantage, the advantaged’s duty of constraint is what I call a ‘come-what-may’ duty. I show that come-what-may duties create moral hazards that can themselves be (...) exploited by the disadvantaged parties. In such cases these accounts of exploitation are either self-frustrating or over-demanding. (shrink)

Journal of Social Philosophy, EarlyView.

In recent years inclusion has become one of the most dominant values and objectives in education. However, there is still considerable disagreement concerning the theoretical concept of inclusion and its normative implications. This article suggests an understanding of inclusion that first differentiates analytically between societal and communal forms of inclusion, and second, situates the value of inclusion in the debate around recognition and freedom. Furthermore, it connects the discussion to some dilemmas and difficulties we might face in education. The overall (...) approach and goal of the article is to contribute to the on-going debate on the nature and value of inclusion and inclusive education. (shrink)

In earlier work I defended Intrinsic Attitudinal Hedonism—a view about what makes for individual personal welfare. On this view, a person’s level of welfare is entirely determined by the amounts of intrinsic attitudinal pleasure and pain he or she takes in things. The view seems to run into trouble in cases involving individuals who take their pleasure in disgusting, immoral things; and in cases involving individuals who take their pleasure in things that really don’t actually happen; and in cases involving (...) individuals who enjoy pleasures but who lead meaningless lives; and in cases involving individuals whose lives fail to manifest an attractive narrative structure. After sharpening up the objections, I introduce a distinction between Pure Welfare Narrowly Conceived and Enriched Welfare Broadly Conceived. I go on to claim that if this distinction is recognized, we will be able to say that each of the objections rests on the fallacy of equivocation. If, years ago, I had been more sensitive to the distinction between Pure Welfare and Enriched Welfare I would have been able to respond to the objections in a more coherent and effective way. I present that response here. In an appendix, I compare my current view with a related view defended by Shelly Kagan in ‘Me and My Life’. (shrink)

The traditional doctrine on federalism claims that economic inequalities are morally justified as long as they result from the legitimate exercise of federal subunit self-government. This paper discusses that claim and examines the philosophical grounds of federal economic decentralization in order to lay the basis for a federal theory of distributive justice. I explore the analogy between federal organizations and the international order claiming that moral conditions of political legitimacy generate some requirements for distribution. But also, I criticize the idea (...) of fraternity as a demanding and fragile political virtue. I try to show that fraternity gives us stronger reasons to reduce economic inequality in territorial federal states than in multicultural federal states. (shrink)

Developments in fields as diverse as biotechnology, animal cognition, and computer science have cast serious doubt on the common belief that human beings are unique and that only they should have dignity and basic rights. A movement referred to as ‘new dignitarianism’ has recently reclaimed human dignity to fend off the threats to human uniqueness that it perceives to arise from these developments. This ‘new’ dignitarianism, however, is not new at all. Drawing on a debate between two Enlightenment philosophers, this (...) article shows that dignitarianism has already surfaced in the eighteenth century as the negative image of another movement: naturalism. Building on this historical account, I propose to understand dignitarianism and naturalism as opposing ideal-types on a normative spectrum. Doing so allows us to see a thus-far neglected problem, which I call the Zero-Sum Problem: any gains a concrete theory makes by approximating one ideal-type, it loses by moving away from the other. I end by showing how accepting this fact is a first step to more practically viable theories that attempt to find a middle ground between the two ideal-types. (shrink)

This article is concerned with the antagonistic character of democratic politics, specifically in relation to the neo-republican conceptualisation of politics, as outlined by Philip Pettit. I take up a problem not addressed in the neo-republican scholarship, namely, the broader dispute over the practice of contestation and the scope of its reach in relation to the activity of politics. This article proceeds through an examination of what I call Pettit’s method of political theory in order to approach sideways the concept of (...) ‘contestation’ as a marker for a sublimated antagonistic dimension of neo-republican politics. Drawing on the work of Rancière and the insights of post-Nietzschean critical theory (Derrida, Laclau and Arendt), I examine the relationship between populism, democratic contestation and non-domination in neo-republican discourse. As such, this article exerts pressure on Pettit’s privileging of a status concept of freedom as the supreme political ideal of republican politics. This article explores the political possibilities opened up through a re-politicisation of non-domination, and the radical potential that resides in a politics that does not foreclose on democracy, understood in terms of popular power and not popular control. (shrink)

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

Recent advances in genetic research pose many complex problems for moral and political philosophers. On the one hand, these advances promise great things. Genetic enhancement techniques might allow us to prevent or cure a variety of debilitating diseases. But on the other hand, talk about intervening in people's genetic make-up conjures up memories of the sinister episodes of past eugenic movements. Such movements violated the most basic principles of justice. How can society capitalize on the benefits of genetic intervention and (...) yet avoid the injustices of past eugenic movements? What basic moral principles should guide public policy and individual choice concerning the use of genetic interventions? These important questions are tackled by Allen Buchanan, Dan Brock, Norman Daniels, and Daniel Wikler in From Chance to Choice: Genetics and Justice. This book brings together the thoughts of leading scholars in the field and is likely to set the agenda for serious debate on this topic. (shrink)

This paper argues that individuals in many high-income countries typically have moral reasons to limit their beef consumption and consume plant-based protein instead, given the negative effects of beef production and consumption. Beef production is a significant source of agricultural greenhouse gas emissions and other environmental impacts, high levels of beef consumption are associated with health risks, and some cattle production systems raise animal welfare concerns. These negative effects matter, from a variety of moral perspectives, and give us collective moral (...) reasons to reduce beef production and consumption. But, as some ethicists have argued, we cannot draw a straight line from the ethics of production to the ethics of consumption: even if a production system is morally impermissible, this does not mean that any given individual has moral reasons to stop consuming the products of that system, given how miniscule one individual’s contributions are. This paper considers how to connect those dots. We consider three distinct lines of argument in support of the conclusion that individuals have moral reasons to limit their beef consumption and shift to plant-based protein, and we consider objections to each argument. This argument applies to individuals in high beef-consuming and high greenhouse gas-emitting high-income countries, though we make this argument with a specific focus on the United States. (shrink)

Gyekye argues for the moral supremacy of certain duties. The individual is, as a natural member of the cultural community, morally obligated to respect community values; co-operate with fellow community members, be sensitive to the economic plight of others and morally expected to respect the elderly. Though Gyekye recognizes the moral need to respect certain individual rights, in the case of a moral clash between those rights and the values cherished by the community, the latter must be upheld. I wish (...) to critically examine the arguments in support of this position. Contrary to Gyekye's view, I argue that the natural interpersonal bond among members of the same cultural community does not strongly support some of the duties mentioned. However, I am not arguing that the individual person is not morally obligated to the cultural community at all. I argue that natural membership of the cultural community could be a necessary condition for the justification of certain duties; it is not, morally, a sufficient condition. (shrink)

Calls are increasing for American health care to be organized as a learning health care system, defined by the Institute of Medicine as a health care system “in which knowledge generation is so embedded into the core of the practice of medicine that it is a natural outgrowth and product of the healthcare delivery process and leads to continual improvement in care.” We applaud this conception, and in this paper, we put forward a new ethics framework for it. No such (...) framework has previously been articulated. The goals of our framework are twofold: to support the transformation to a learning health care system and to help ensure that learning activities carried out within such a system are conducted in an ethically acceptable fashion. (shrink)

Suppose that state A wages war against state D. We want to know at least three things. First, does state A have a moral and legal justification for going to war? Second, what may and must those sta...

In recent years feminist philosophers have criticized mainstream liberal theory for ignoring issues of justice within the gender structured family and for failing to see how male privilege in this sphere works to deny women equality in economic and political life. Some argue that the source of this failure is liberalism's commitment to the distinction between domestic and public life, and the idea that the family is inherently a private institution to which standards of justice do not apply. In Political (...) Liberalism Rawls briefly acknowledges these concerns, andreassures his readers that within his theoretical framework 'the alleged difficulties in discussing problems of gender and the family can be overcome. To satisfy these critics Rawls would have to respond to Susan Okin's Justice, Gender, and the Family, which carefully examines both the shortcomings and feminist potential of his earlier writings. In Political Liberalism he does not. After his passing remark in the book's introduction, Rawls has nothing more to say on the subject. He assumes 'that in some form the family is just,' and focuses on the traditional issues of liberal political theory in the hope that this approach will 'at least provide guidelines for addressing further questions'. (shrink)

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

Political equality is in tension with political quality, and quality has recently been neglected. My thesis is that proper attention to the quality of democratic procedures and their outcomes requires that we accept substantive inequalities of political input in the interest of increasing input overall. Mainly, I hope to refute political egalitarianism, the view that justice or legitimacy requires substantive political equality, specifically equal availability of power or influence over collective choices that have legal force. I hope to show that (...) political egalitarianism exaggerates individual rights in the conduct of political procedures, and neglects the substantive justice of the decisions made through those procedures. Some unequal distributions of influence may better promote just decisions, and without reliance on any invidious comparisons such as the relative wisdom of the wealthy or the educated. (shrink)

It is often argued that if one holds a liberal political philosophy about individual rights against the state and the community, then one cannot consistently say that a state that violates those principles is owed the right of noninterference. How could the rights of the collective trump the rights of individuals in a liberal view? I believe that this debate calls for more reflection, on the relation between liberalism and individualism. I will sketch a conception of liberalism in which there (...) is nothing awkward about saying that associations, as such, have some moral rights to noninterference. If liberal associationism is compelling in general terms then, if states can be shown to be associations in the relevant respects, then liberalism itself will supply the moral basis for a right of that kind, held by a state or people as such, to nonintervention. (shrink)

Climate activists have recently engaged in widely publicized acts of politically motivated lawbreaking. This article identifies and critically analyzes two seemingly overlapping but in fact divergi...

If one is an egalitarian, what should one want to equalize? Opportunities or outcomes? Resources or welfare? These positions are usually conceived to be very different. I argue in this paper that the distinction is misconceived: the only coherent conception of resource equality implies welfare equality, in an appropriately abstract description of the problem. In this section, I motivate the program which the rest of the paper carries out.

Radical and liberal theories of egalitarianism are distinguished, in large part, by the differing degrees to which they hold people responsible for their own well-being. The most liberal or individualistic theory calls for equality of opportunity. Once such “starting gate equality,” as Dworkin calls it, is guaranteed, then any final outcome is justified, provided certain rules, such as voluntary trading, are observed. At the other pole, the most radical egalitarianism calls for equality of welfare. In between these two extremes are (...) egalitarian proposals that equalize more than conventional opportunities, yet less than full welfare. Sen speaks of equality of basic capabilities as a goal; implementing that requires more than starting gate equality, because some will require more resources than others to attain the same capabilities. Meeting basic needs is another objective. Equality of needs fulfillment is perhaps less radical than equality of basic capabilities and more radical than equality of opportunity. Rawls takes equality of primary goods as a benchmark; he distinguishes primary goods from welfare, but includes among them goods that are more complicated than conventional resources and opportunities, all of which are supposed inputs into any conception of welfare. One could imagine proposing an egalitarianism that equalized some quite measurable outcome across populations, such as infant mortality. That would be an outcome-equalizing theory where the rate of infant mortality is a proxy, presumably, for some more complicated maximand, such as the degree of wellbeing of a population. (shrink)

The neo-Lockean justification of the highly unequal distribution of income in capitalist societies is based upon two key premises: that people are the rightful owners of their labor and talents, and that the external world was, in the state of nature, unowned, and therefore up for grabs by people, who could rightfully appropriate parts of it subject to a ‘Lockean proviso.’ The argument is presented by Nozick. Counter-proposals to Nozick’s, for the most part, have either denied the premise that people (...) should morally be viewed as the owners of their talents, or have challenged Nozick’s Lockean proviso.Rawls, and to a more limited extent Ronald Dworkin, deny self-ownership. As Rawls writes: ‘…the difference principle represents, in effect, an agreement to regard the distribution of natural talents as a common asset … The naturally advantaged are not to gain merely because they are more gifted, but only to cover the costs of training and education and for using their endowments in ways that help the less fortunate as well. No one deserves his greater natural capacity nor merits a more favorable starting place in society.’ Behind the Rawlsian veil of ignorance, those who deliberate about justice are deprived of knowledge about characteristics whose distribution is morally arbitrary. In Dworkin’s proposal for resource egalitarianism, agents calculate the insurance policy they would hypothetically ask for, were they denied knowledge of what talents they will draw in the birth lottery. Compensation for unequal talents is, according to Dworkin, properly made by taxing and transferring income according to the way it would have been distributed as a consequence of such insurance. Dworkin’s veil of ignorance is thin, because agents in the appropriate posture for deliberating about income distribution know their preferences and attitudes toward risk, but not their talents. For both Rawls and Dworkin, the self-ownership premise is challenged by constructing a veil of ignorance in which people are deprived of knowledge of certain personal characteristics, knowledge of which would bias their opinions, from a moral viewpoint. (shrink)

The question of what role social and political practices should play in the justification of normative principles has received renewed attention in post-millennium political philosophy. Several current debates express dissatisfaction with the methodology adopted in mainstream political theory, taking the form of a criticism of so-called ‘ideal theory’ from ‘non-ideal’ theory, of ‘practice-independent’ theory from ‘practice-dependent’ theory, and of ‘political moralism’ from ‘political realism’. While the problem of action-guidance lies at the heart of these concerns, the critics also share a (...) number of methodological assumptions. Above all, their methodology is practice-dependent in the sense that an existing practice is assumed to put substantial limitations on the appropriate normative principles for regulating it. In other words, we cannot formulate and justify an appropriate principle without first understanding the practice this principle is supposed to govern. The aim of this paper is to map out and analyze the common denominators of these debates with regard to methodological commitments. We will investigate how this practice-dependent method may be understood and motivated. In particular, we point to challenges that must be met in order for the position to remain both distinct and attractive. (shrink)

In this paper, two claims are made. The main claim is that a fruitful approach for theorizing the political legitimacy of global governance and the proper normative role of civil society actors is the so-called ‘function-sensitive’ approach. The underlying idea of this approach is that the demands of legitimacy may vary depending on function and the relationship between functions. Within this function-sensitive framework, six functions in global governance are analyzed and six principles of legitimacy defended, together constituting a minimalist account (...) of political legitimacy. This account suggests that civil society actors may strengthen political legitimacy by performing five of these functions under certain conditions and insofar as the proposed normative political principles are fulfilled: problem identification, agenda-setting, implementation, enforcement and monitoring, and evaluation. The second claim is critical and is chiselled out against the backdrop of this function-sensitive account, through which I demonstrate that much vagueness and confusion with regard to the proper role of civil society actors for strengthening the political legitimacy of global governance could be traced to the so-called ‘transmission belt’ model, which has gained popularity in international political theory. This model depicts civil society as a transmission belt between the public sphere and decision-making loci, where it is assumed that civil society actors contribute to the strengthening of political legitimacy by transmitting peoples’ preferences, beliefs, and opinions from the former to the latter space by indirectly or directly influencing the decision-making. It is argued that this picture is misleading and generates erroneous prescriptions of how civil society actors should act to increase political legitimacy. (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)

On most accounts of global democracy, human rights are ascribed a central function. Still, their conceptual role in global democracy is often unclear. Two recent attempts to remedy this deficiency have been made by James Bohman and Michael Goodhart. What is interesting about their proposals is that they make the case that under the present circumstances of politics, global democracy is best conceptualized in terms of human rights. Although the article is sympathetic to this ‘human rights approach’, it defends the (...) thesis that human rights are not enough for global democracy. It argues that insofar as we hold on to the general idea of democracy as a normative ideal of self-determination (self-rule) that is, of people determining their own lives and ruling over themselves, the concept of democracy accommodates two necessary conditions, namely, political bindingness and political equality. Further, it argues that neither Bohman’s nor Goodhart’s accounts fulfills these conditions and that one explanation for this could be traced to a lack of clarity concerning the distinction between democracy as normative ideal and democracy as decision method or rules (for example, institutions, laws and norms) for regulating social interactions. This ambiguity has implications for both Goodhart and Bohman. In Goodhart’s work it manifests itself as a vagueness concerning the difference between political agency and democratic agency; in Bohman’s work it becomes unclear whether he contributes a normative democratic theory or a theory of democratization. Although this article develops both a conceptual and a normative argument against their proposals, the aim is not to find fault with them but to point to questions that are in need of further elaboration to make them more convincing. (shrink)

Although the discussion about feasibility in political theory is still in its infancy, some important progress has been made in the last years to advance our understanding. In this paper, we intend to make a contribution to this growing literature by investigating the proper place of feasibility considerations in political theory. A motivating force behind this study is a suspicion that many presumptions made about feasibility in several current debates—such as that between practice-independence and practice-dependence, ideal and non-ideal theory, and (...) political moralism and political realism—are too rigid and underestimate the numerous different ways in which feasibility concerns may enter into our theorizing. To chisel out this feasibility space, our aim is to suggest two metatheoretical constraints on normative political principles as intuitively plausible, the so-called ‘fitness constraint’ and the ‘functional constraint’, through which we elucidate five central aspects for determining proper feasibility constraints of an account in political theory. (shrink)

Issues of social justice have traditionally been given short shrift by American healthcare professionals, feeling that justice at the bedside is inapplicable and possibly even misplaced. However, perhaps motivated by the realization that escalating costs and maldistribution of healthcare represent an intolerable situation, an ever-growing amount of medical literature and healthcare ethics literature is turning to considerations of justice.

This paper examines a remarkable document that has escaped critical attention within the vast literature on John Rawls, religion, and liberalism: Rawls's undergraduate thesis, "A Brief Inquiry into the Meaning of Sin and Faith: An Interpretation Based on the Concept of Community" (1942). The thesis shows the extent to which a once regnant version of Protestant theology has retreated into seminaries and divinity schools where it now also meets resistance. Ironically, the young Rawls rejected social contract liberalism for reasons that (...) anticipate many of the claims later made against him by secular and religious critics. The thesis and Rawls's late unpublished remarks on religion and World War II offer a new dimension to his intellectual biography. They show the significance of his humanist response to the moral impossibility of political theology. Moreover, they also reveal a kind of Rawlsian piety marginalized by contemporary debates over religion and liberalism. (shrink)

John Donne's song was hardly written in the tradition of political philosophy, but it has a good deal to say about the theme of luck, both good and bad, which I want to address. There is no doubt but that bad luck has bad consequences for the persons who suffer from it. If there were a costless way in which the consequences of bad luck could be spread across everyone in society at large, without increasing the risk of its occurrence, (...) then most of us would pronounce ourselves better off for the change. In this sense it can be said, for example, that there is a utilitarian grounding for a moral obligation to care and provide for those persons who suffer the fortunes of bad luck. For the sake of argument I do not wish to contest this particular starting point, although there are many who would. Instead, I want to ask the question of whether this moral obligation should be converted into a legal obligation, backed by public force. The dominant answer to that question today is yes. Even those who think that markets should determine decisions on production find that the state has a proper role to reduce the adverse consequences of bad luck. My cast of mind is more skeptical. In life, or, in this instance, politics, “come bad chance, and we do join to it our strength.” In general the effort to use coercion to counter the adverse effects of luck tends only to make matters worse. (shrink)

In recent years anti-universalism has become a sine qua non for respectability in philosophy of education, along with several other disciplines. The standard ph.

In recent years anti-universalism has become a sine qua non for respectability in philosophy of education, along with several other disciplines. The standard ph.

In recent years anti-universalism has become a sine qua non for respectability in philosophy of education, along with several other disciplines. The standard ph.

More and more people seem to think that constructivism - in political philosophy, in moral philosophy, and perhaps in practical reasoning most generally - is the way to go. And yet it is surprisingly hard to even characterize the view. In this paper, I go to some lengths trying to capture the essence of a constructivist position - mostly in the realm of practical reason - and to pinpoint its theoretical attractions. I then give some reason to suspect that there (...) cannot be a coherent constructivist view about practical reason as a whole, at least not if it is to be interestingly constructivist, in a sense I make reasonably precise. (shrink)

In A Theory of Justice (1971), John Rawls introduces the concept of “reflective equilibrium.” Although there are innumerable references to and discussions of this concept in the literature, there is, to the present author's knowledge, no discussion of the most important question: Why reflective equilibrium? In particular, the question arises: Is the method of reflective equilibrium applicable to the choice of this method itself? Rawls's drawing of parallels between Kant's moral theory and his own suggests that his concept of “reflective (...) equilibrium” is on a par with Kant's concept of “transcendental deduction.” Treating these two approaches to justification as paradigmatic, I consider their respective merits in meeting the reflexive challenge, i.e., in offering a justification for choice of mode of justification. My enquiry into this topic comprises three parts. In this first part, I raise the issue of the reflexivity of justification and question whether the reflexive challenge can be met within the framework of A Theory of Justice. (shrink)

In A Theory of Justice (1971), John Rawls introduces the concept of “reflective equilibrium.” Although there are innumerable references to and discussions of this concept in the literature, there is, to the present author's knowledge, no discussion of the most important question: Why reflective equilibrium? In particular, the question arises: Is the method of reflective equilibrium applicable to the choice of this method itself? Rawls's drawing of parallels between Kant's moral theory and his own suggests that his concept of “reflective (...) equilibrium” is on a par with Kant's concept of “transcendental deduction.” Treating these two approaches to justification as paradigmatic, I consider their respective merits in meeting the reflexive challenge, i.e., in offering a justification for choice of mode of justification. In the first part of this enquiry (Eng 2014a), I raised the issue of the reflexivity of justification and questioned whether the reflexive challenge can be met within the framework of A Theory of Justice. In the second part (Eng 2014b), I outlined a Kantian approach that represents a paradigmatic alternative to Rawls. In this third and final part, I shall argue that Rawls's reflective equilibrium cannot justify the choice of itself and that in the broader perspective thus necessitated, we cannot escape the metaphysical issues integral to the Kantian approach. (shrink)