Organizations in competitive markets are often assumed to be voluntary associations, involving free exchange between various participants for mutual benefit. Just how voluntary or free organizational exchanges really are, however, is problematic. Even the criteria for determining whether specific transactions are free or coerced are not clear. In this paper, I review three general approaches to specifying such criteria: consequentialist, descriptive, and normative. I argue that the last is the most reasonable, that freedom is an essentially moral concept, whose meaning (...) is relative to preconceptions of human rights. Implications for freedom of contract are discussed.[O]n the whole, market competition, when it is permitted to work, protects the consumer better than do the alternative government mechanisms that have been increasingly superimposed on the market. ... If one storekeeper offers you goods of lower quality or of higher price than another, you're not going to continue to patronize his store. If he buys goods to sell that don't serve your needs, you're not going to buy them. The merchants therefore search out all over the world the products that might meet your needs and might appeal to you. And they stand back of them because if they don't, they're going to go out of business. When you enter a store, no one forces you to buy. You are free to do so or go elsewhere. That is the basic difference between the market and a political agency. You are free to choose (Friedman and Friedman, 1979, 222–223). (shrink)

Social contract theory has a rich history. It originated among the ancients with recognition that social arrangements were not products of nature but convention. It developed through the centuries as theorists sought ethical criteria for distinguishing good conventions from bad. The search for such ethical criteria continues in recent attempts to apply social contract theory to organizations. In this paper, I question the concept ofconsent as a viable ethical criterion, and I argue for an alternate principle of impartiality as a (...) more appropriate moral norm in a social contracttheory of organizations. (shrink)

It is now widely accepted that the market is superior to the state as a means of organising economic activity. But there remain a number of significant problems about the proper scope of the market domain, about the range of activities which are appropriately governed by market mechanisms and their associated forms of commercial organisation. Whilst many would agree that the market is an admirable device, provided it is ‘kept in its place’, there is much less agreement about the precise (...) location of that place, about where and on what grounds the boundaries of the market should be established. (shrink)

Traditionally, debates over the issue of representation in liberalism and in socialism focused on such questions as who or whose interests should be represented in order to attest to the legitimacy of representation. In this article, a different and more fundamental approach is achieved by asking how the representation is accomplished. At this methodological point, liberalism and socialism diverge in their understanding of representative government: Each follows its own philosophical paradigm(s) that underly and justify its position. Differences between liberal and (...) socialist understandings of representation are analytically compared in three pairs of categories: (a) micro versus macro, (b) individual versus class, and (c) the formalistic versus the substantive. The most crucial differences between the social systems are found in the last pair of categories-the formalistic versus the substantive approach to representation—because different understandings of central concepts such as democracy, freedom, and equality stem from these two frameworks. (shrink)

In recent discussions of whether our lives are or can be meaningful, appeals are often made to such things as “a view from nowhere,” or “the viewpoint of the universe.” In this paper I attempt to make sense of what it might mean for a being to possess such a perspective, and argue that common appeals to such perspectives are inadequately developed; crucially, they do not adequately account for the character of the beings taken to possess these viewpoints. In the (...) second half of the paper I turn to an alternative proposal, one that focuses on the attitudes of virtuous ideal observers in determining the normative statuses of our lives and activities, and argue that it provides a plausible account of meaningfulness. (shrink)

Among major contractarian theorists, David Gauthier has the most ambitious philosophical aims. John Rawls has recently made clear that his theory of justice is not intended to provide a timeless and culturally invariant account of justice derived from the theory of rational choice. Yet Gauthier, in his rightly acclaimed and widely influential writings, attempts to provide just such an account of morality and distributive justice. With this new publication of a collection of his most important articles from the past two (...) decades following, by four years, the appearance of his systematic treatise on ethics we are now in a good position to assess Gauthier's moral theory. (shrink)

It is commonplace to suppose that the theory of individual rational choice is considerably less problematic than the theory of collective rational choice. In particular, it is often assumed by philosophers, economists, and other social scientists that an individual's choices among outcomes accurately reflect that individual's underlying preferences or values. Further, it is now well known that if an individual's choices among outcomes satisfy certain plausible axioms of rationality or consistency, that individual's choice-behavior can be interpreted as maximizing expected utility (...) on a utility scale that is unique up to a linear transformation. Hence, there is, in principle, an empirically respectable method of measuring individuals' values and a single unified schema for explaining their actions as value maximizing. (shrink)

It is, perhaps, a propitious time to discuss the economic rights of disabled persons. In recent years, the media in the United States have re-ported on such notable events as: students at the nation's only college for the deaf stage a successful protest campaign to have a deaf individual ap-pointed president of their institution; a book by a disabled British physicist on the origins of the universe becomes a best seller; a pitcher with only one arm has a successful rookie (...) season in major league baseball; a motion-picture actor wins an Oscar for his portrayal of a wheelchair-bound person, beating out another nominee playing another wheelchair-bound person; a cancer patient wins an Olympic gold medal in wrestling; a paralyzed mother trains her children to accept discipline by inserting their hands in her mouth to be gently bitten when punishment is due; and a paraplegic rock climber scales the sheer four-thousand-foot wall of Yosemite Valley's El Capitan. Most significantly, in 1990, the United States Congress passed an important bill – the Americans with Disabili-ties Act – extending to disabled people employment and access-related protections afforded to members of other disadvantaged groups by the Civil Rights Act of 1964. (shrink)

John Rawls's account of Kantian constructivism is perhaps his most striking contribution to ethics. In this paper, I examine the relation between Rawls's constructivism and its foundation in Kantian intuitions. In particular, I focus on the progressive influence on Rawls's approach of the Kantian intuition that the substance of morality is best understood as constructed by free and equal people under fair conditions. Rawls's focus on this Kantian intuition, I argue, motivates the focus on social contract that grounds both his (...) accounts of the original position and of reflective equilibrium. Critics, including Onora O'Neill and Larry Krasnoff, object that Rawls's view distorts various aspects of Kantian moral reasoning. I argue that these objections (i) exaggerate the distinctions between Kant's and Rawls's decision procedures and (ii) reflect an unnecessarily constricted view of Kant's moral thought. (shrink)

We can distinguish two liberal paradigms that stand in opposition to each other. Liberalism as non-domination seeks to eliminate identities resulting from domination and oppression and hindering the emancipation of individuals. Liberalism as recognition holds that ‘the idea of a human world without identities makes no sense’ (Appiah) and considers identities to have their source in individual liberty and to provide the grounds for pluralism. The two liberal paradigms come to largely different results regarding the role of the state and (...) civil society. The paradigm of non-domination tends to enforce individual rights, if necessary against a hostile cultural and religious context. The paradigm of recognition defends mostly individual liberties, if necessary at the expense of certain individual rights. Liberalism stands here in front of a major dilemma: Either it protects individual rights in the sense of freedom as non-domination, or it defends individual liberties in Isaiah Berlin's tradition of negative liberty– in too many cases and in too many parts of the world, liberalism, understood in the terms presented here, cannot have it both ways. This review article argues that the liberal paradigms of non-domination and recognition are complementary; liberalism is about both recognition and non-domination. Following policy recommendation can be drawn: (1) Democratic institutions (parliament, political parties and constitutional courts) and democratic rights (right to vote, right of assembly and freedom of speech) are most efficient in fighting domination. (2) Although social identities are not fixed and open to change, they cannot be engineered by the state or civil society organizations and grow out of some form of social consensus. (3) The consensus around identities takes place within the pluralist public and civil sphere of a community. (4) While the support in the development of individual capabilities by the state is effective against domination, also history and collective memory help to overcome the traumatic experience of domination. (5) Systemic transformation requires the support from below, notably from the civil society, and is based on individual liberties. (shrink)

Realists and non-ideal theorists currently criticise Rawlsian mainstream liberalism for its inability to address injustice and political conflict, as a result of the subordination of political philosophy to moral theory, as well as an idealising and abstract methodology. Seeing that liberalism emerged as a theory for the protection of the individual from conflict and injustice, these criticisms aim at the very core of liberalism as a theory of the political and therefore deserve close analysis. I will defend Judith N. Shklar’s (...) liberalism of fear as an answer to these challenges. I will argue that the liberalism of fear maintains realism’s conflictual and inherently political thrust while also integrating a perspective on injustice. I will defend the claim that in contrast to the two aforementioned criticisms, the liberalism of fear develops its own normative standard from which political arrangements can be assessed. It does so by replacing the idealising approach to political philosophy with a non-utopian methodology, which opens a negative perspective on what is to be avoided in the political sphere, and how to detect and deal with injustice. Due to this standard, it is a liberal theory that is uniquely able to meet the realist and non-ideal challenge. (shrink)

Liberalism believes that individuals are endowed a priori with reason or at least agency and it is up to that reason and agency to make choices, commitments and so on. Communitarianism criticizes liberalism’s explicit and deliberate neglect of the self and insists that we attain a self and identity only through the effective recognition of significant others. However, personal autonomy does not seem to be a default position, neither reason nor community is going to provide it inevitably. Therefore, it is (...) so important to go beyond the liberal–communitarian divide. This article is analysing various proposals in this direction, asks about the place of communities and the individual in times of populism and the pandemic and provides a global perspective on the liberal–communitarian debate. (shrink)

John Rawls argues that it is possible to describe a suitably defined initial situation from which to form reliable judgements about justice. In this initial situation, rational persons are deprived of information that is . It is rational, Rawls argues, for persons choosing principles of justice from this standpoint to be guided by the maximin rule. Critics, however, argue that (i) the maximin rule is not the appropriate decision rule for Rawls's choice position; (ii) the maximin argument relies upon an (...) imprecise account of the satisfactory minimum to be secured under the maximin rule; or that (iii) Rawls relies upon unrealistic assumptions about diminishing marginal value. These critics, I will suggest, argue from a number of assumptions that are confused or false. The satisfactory minimum that choosers in the original position seek to achieve is not a minimum level of primary goods, nor is the satisfactory minimum sought under the maximin rule supplied by the difference principle. I will argue that the maximin argument is more robust than has generally been recognized and that this argument performs a number of important functions in clarifying the nature and implications of Rawls's argument for justice as fairness. (shrink)

This article examines the “Choice Argument” for sweatshops, i.e., the claim that it is morally wrong or impermissible for third parties to interfere with the choice of sweatshop workers to work in sweatshops. The Choice Argument seeks, in other words, to shift the burden of proof onto those who wish to regulate sweatshop labor. It does so by forcing critics of sweatshops to specify the conditions under which it is morally permissible to interfere with sweatshop workers’ choice. My aim in (...) this article is to meet that burden. Unlike other critics of sweatshop labor, however, my argument does not proceed from contested economic or moral assumptions. To the contrary, my strategy will be to demonstrate that even if we grant the truth of the economic and moral assumptions made by defenders of the Choice Argument, it never- theless does not follow that it is morally wrong to interfere with the choice of sweatshop workers to work in sweatshops. The Choice Argument thus fails on its own terms. (shrink)

Normative ethics asks: What makes right acts right? W. D. Ross attempted to answer this question inThe Right and the Good(1930). Most theorists have agreed that Ross provided no systematic explanatory answers. Ross's intuitionism lacks any decision procedure, and, as McNaughton (2002: 91) states, it ‘turns out after all to have nothing general to say about the relative stringency of our basic duties’. Here I will show that my own Rossian intuitionism does have a systematic way of explaining what makes (...) right acts right. Deontological theories have struggled to say what internal to acts could make them right. From Price to Ross, the striking but uninformative answer has beenthe natureof the act. In this paper I will provide a Rossian theory of the moral natures of acts. It contains a set of self-evident principles of moral stringency and other considerations that can assist agents in deciding what prima facie duty overrides what. (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)

Public health ethics in the future will be distinguished from public health ethics in the past by this new subfield being labeled as such, acknowledged, and called upon for service. Ethical dilemmas have been present throughout the history of public health. The question of whether to force Henning Jacobson to be immunized in 1905 in accordance with the 1902 Massachusetts smallpox vaccination law was one of ethics as well as law. How Thomas Parran, Surgeon General in 1936, chose to respond (...) to a raging syphilis epidemic in the United States in the early part of the 2W century raised considerable moral debate in determining the appropriate public health response for a government? More recently, questions have arisen concerning the appropriate reach of government in controlling HIV banning smoking, or promoting healthy lifestyles. Debates over government infringement, morality, and justice recur throughout the history of public health. (shrink)

Debates over egalitarianism for the most part are not concerned with constraints on achieving an egalitarian society, beyond discussions of the deficiencies of egalitarian theory itself. This paper looks beyond objections to egalitarianism as such and investigates the relevant psychological processes motivating people to resist various aspects of egalitarianism. I argue for two theses, one normative and one descriptive. The normative thesis holds that egalitarians must take psychological constraints into account when constructing egalitarian ideals. I draw from non-ideal theories in (...) political philosophy, which aim to construct moral goals with current social and political constraints in mind, to argue that human psychology must be part of a non-ideal theory of egalitarianism. The descriptive thesis holds that the most fundamental psychological challenge to egalitarian ideals comes from what are called Just World Beliefs. A troubling result of Just World Beliefs, one that poses a prima facie obstacle to egalitarianism, is that people tend to dismiss or explain away any threats to their belief that the world is fundamentally just. The pervasiveness and severity of Just World Beliefs predicts that people will be resistant to egalitarian policies. My aim is to show how research on Just World Beliefs can help diagnose common problems for egalitarianism and assist in making realistic recommendations for bringing current societies closer to egalitarian ideals. (shrink)

The purpose of the present document is to briefly present principles that constitute a new doctrine within the sphere of Military Ethics : The Just War Doctrine of Fighting Terror.The doctrine has been developed by a team we have headed at the Israel Defense Force College of National Defense. However, the work has been done on the general levels of moral, ethical and legal considerations that should guide a democratic state when it faces terrorist activities committed against its citizens. Accordingly, (...) the proposed principles are meant to be justified and practically applicable under any parallel circumstances. Moreover, those principles are intended to be universal in the sense that the justification of none of them rests on any particular stance with respect to the desired solution of the conflict under consideration. (shrink)

The role normative ethics has in guiding action is unclear. Once moral theorists hoped that they could devise a decision procedure that would enable agents to solve difficult moral problems. Repeated attacks by anti-theorists seemingly dashed this hope. Although the dispute between moral theorists and anti-theorists rages no longer, no decisive victor has emerged. To determine how we ought to make moral decisions, I argue, we must first examine how we do decide in moral situations. Intuitionism correctly captures the essence (...) of the moral element in such situations, finding itself located somewhere between moral theory and anti-theory. In order that intuitionism may constitute an improvement over predecessors in normative ethics we must proceed with awareness of the limits imposed by the still dominant framework of modern moral theory. I argue that the deliberatively open system of intuitionism, interlocked in practice with prudential considerations, allows us to constructively move normative ethics beyond those limits. (shrink)

It is so generally accepted that prostitution is immoral, that this is one of the least discussed of all ethical issues. Few serious philosophical treatments of the subject have been published. Of these, at least one, Lars Ericsson's, ‘Charges against Prostitution’, throws into stark relief the apparent inconsistency of our community attitudes. For it demonstrates that, from the point of view of the simple free market liberalism, to which many subscribe, there is nothing immoral about prostitution. The prostitute is a (...) free agent who sells his or her services on the market at the going price. Why should the exchange of sexual services for money be more unsavoury than other exchanges of fee for service? The desire for sexual gratification is natural, as is the desire for food. So prostitution must be morally on a par with catering. Yet it is hemmed about by restrictions. Prostitutes are social outcasts, they may be pitied but are more often vilified and despised. From the liberal point of view, the moral disgust aroused by prostitution can only be the expression of an archaic and irrational taboo. (shrink)

Equipoise is an essential condition to justify a clinical trial. The term, describes a state of uncertainty: the data suggest but do not prove a drug's safety and efficacy The only way to resolve this uncertainty is further study In many cases, a clinical trial seems to be the most efficient way to prove safety and efficacy Equipoise is therefore not an esoteric philosophic construct applied to research ethics. Rather, since it is vital for the justification of clinical trials, it (...) is part of how society regulates medical progress. Where there is equipoise, drug design and development proceeds according to Food and Drug Administration and Health and Human Services regulations. When that equipoise ends, a drug is either not approved or becomes standard care. (shrink)

This essay examines the structure of the international trade regime. Following John Rawls, it asserts that "justice is the first virtue of social institutions." This leads to the question: Is the trade regime just?

This essay aims to indicate the comparative analysis of the political offers and discussions of the two important figures of contemporary political philosophy, Rawls and Habermas, and the current literature in terms of the similarities and differences in the political philosophy of these two thinkers. This enquiry will focus on possible contribution concerning the contemporary political problems in light of the Rawls-Habermas debate.

Political philosophy presents a static conception of childhood as a state of lack, a condition where intellectual, physical, and moral capacities are undeveloped. This view, referred to by David Kennedy as the deficit view of childhood, is problematic because it systematically disparages certain universal features of humanity—dependency and growth—and incorrectly characterizes them as features of childhood only. Thus there is a strict separation between childhood and adulthood because adults are characterized as fully autonomous agents who have reached the end of (...) their moral and cognitive development. I argue that this view is mistaken, and limits both the developmental abilities of adults and ongoing moral development within an organized state. I propose that we view dependency as a human condition. By doing so, children and adults form the kind of relationship with one another that encourages the growth and development of our moral sense in both childhood and adulthood. (shrink)

On many interpretations of Spinoza’s political philosophy, democracy emerges as his ideal type of government. But a type of government can be ideal and yet it can be unwise to implement it if certain background conditions obtain. For example, a dominion’s people can be too ‘wretched by the conditions of slavery’ to rule themselves. This begs the following question. Do Spinoza’s arguments for democracy entail that all political bodies should be democracies at all times (the received view), or do they (...) merely entail that we should only have a democracy when the right sort of background conditions are in place (the challenging view)? This paper argues that a new interpretation of one of the four versions of the rationality argument for democracy as it features in the Tractatus entails that the received view is correct. The paper also explains away part of the appeal of the challenging view by arguing that none of the other versions of the rationality argument supports the received view. It closes by arguing that a slightly modernised version of the rationality argument can be important for contemporary political philosophy. (shrink)

The need to create more sustainable food systems calls for careful attention to justice in making the transition. However, to achieve a just transition and create policies to support the goal of developing sustainable food systems, we need more knowledge of the ways current policies tackle justice. This knowledge can reveal blind spots and development needs and increase the transparency of potentially conflicting goals, which is essential for designing just transition policies. From the normative perspective of food justice, a food (...) system should produce three principal outcomes: food security and nutrition, livelihoods and fair income, and environmental sustainability. In this article, we take these outcomes as the starting point to study how they relate to the distributive, procedural, and recognitive aspects of food justice in the context of Finnish food policies. Our data consist of Finnish policy strategies relating to the national food system and data from interviews with experts involved in the policy processes. Our results suggest that food security and farmer livelihoods have dominated justice related considerations at the cost of environmental sustainability. Although these are important for distributive justice and for recognizing vulnerabilities, the current setting reveals risks regarding the possibilities of transitioning to a low-carbon food system. The invisibility of the often-invisible groups is also notable in the policy documents. To promote justice more broadly, there should be greater emphasis on environmental sustainability as well as procedural and recognitive justice and opportunities for diverse people to participate in food policymaking. (shrink)

ABSTRACT Reflecting on the North/south dialogue, I consider questions of global justice. I argue that questions of global justice are just as genuine as questions of domestic justice. A too narrow construal of the circumstances of justice leads to an arbitrary forestalling of questions of global justice. It isn't that we stand in conditions of reciprocal advantage that is crucial but that we stand in conditions of moral reciprocity. I first set out concerning the situation in the North and the (...) South and the relations between them something of the facts in the case coupled with some interpretative sociology. Such investigations show massive disparities of wealth and condition between North and South and further show that these disparities have been exacerbated by the interventionist policies of the West. I then, while remaining mindful of the strains of commitment, argue that justice requires extensive redistribution between North and South but that this can be done without at all impoverishing the North, though to do so would indeed involve a radical re‐ordering of the socio‐economic system of the North. (shrink)

In this discussion note, I aim to reconstruct and assess Korsgaard's recent attempt to extend her regress argument. I begin, in section 1, with a brief recapitulation of the regress argument. Then, in section 2, I turn to the extension. I argue that the extension does not work because Korsgaard cannot rule out the possibility--a possibility for which there is both empirical evidence and argumentative pressure coming directly from the original regress--that we value animality in ourselves qua animality of rational (...) beings. (shrink)

The purpose of this paper is to present the theoretical and philosophical assumptions of the Nursing Manifesto , written by three activist scholars whose objective was to promote emancipatory nursing research, practice, and education within the dialogue and praxis of social justice. Inspired by discussions with a number of nurse philosophers at the 2008 Knowledge Conference in Boston, two of the original Manifesto authors and two colleagues discussed the need to explicate emancipatory knowing as it emerged from the Manifesto . (...) Our analysis yielded an epistemological framework based on liberation principles to advance praxis in the discipline of nursing. This paper adds to what is already known on this topic, as there is not an explicit contribution to the literature of this specific Manifesto , its significance, and utility for the discipline. While each of us have written on emancipatory knowing and social justice in a variety of works, it is in this article that we identify, as a unit of knowledge production and as a direction towards praxis, a set of critical values that arose from the emancipatory conscience-ness and intention seen in the framework of the Nursing Manifesto. (shrink)

The purpose of this paper is to present the theoretical and philosophical assumptions of the Nursing Manifesto, written by three activist scholars whose objective was to promote emancipatory nursing research, practice, and education within the dialogue and praxis of social justice. Inspired by discussions with a number of nurse philosophers at the 2008 Knowledge Conference in Boston, two of the original Manifesto authors and two colleagues discussed the need to explicate emancipatory knowing as it emerged from the Manifesto. Our analysis (...) yielded an epistemological framework based on liberation principles to advance praxis in the discipline of nursing. This paper adds to what is already known on this topic, as there is not an explicit contribution to the literature of this specific Manifesto, its significance, and utility for the discipline. While each of us have written on emancipatory knowing and social justice in a variety of works, it is in this article that we identify, as a unit of knowledge production and as a direction towards praxis, a set of critical values that arose from the emancipatory conscience-ness and intention seen in the framework of the Nursing Manifesto. (shrink)

In this paper the authors argue that the exploration of the nature of needs and rights should begin with the actually existing organization of care and of justice in society. The authors raise two key concerns with this organization: 1) the invisibility of care to some, and 2) the inaccessibility of rights to others. Recent work by care scholars has called attention to the ways the current organization of care work perpetuates the myth of self‐sufficiency for some, while reducing others (...) to mere dependents. Law and Society scholars have demonstrated the problems of uneven access to legal remedies within the current organization of the legal system. Addressing these concerns simultaneously reveals both the problems of the current organization of needs and rights as well as illuminating alternative possibilities. The authors argue, first, that a justice perspective, based on rights is inadequate because its presumed universality is belied by the reality of the inaccessibility of rights to many. Second, the authors argue that a care perspective, currently formulated upon the assumption that only some people have needs, is also flawed because its presumed particularity distorts the human experience and subsequent policies. Instead, the authors need to conceive of care in a public way that permits both rights and needs to be understood as applicable to all. The authors propose some initial thoughts about how to create such a public concept of care. (shrink)

In this article, I consider the harms inflicted upon transgender persons through “misgendering,” that is, such deployments of gender terms that diminish transgender persons' self-respect, limit the discursive resources at their disposal to define their own gender, and cause them microaggressive psychological harms. Such deployments are morally contestable, that is, they can be challenged on ethical or political grounds. Two characterizations of “woman” proposed in the feminist literature are critiqued from this perspective. When we consider what would happen to transgender (...) women upon the broad implementation of these characterizations within transgender women's social context, we discover that they suffer from two defects: they either exclude at least some transgender women, or else they implicitly foster hierarchies among women, marginalizing transgender women in particular. In conclusion, I claim that the moral contestability of gender-term deployments acts as a stimulus to regularly consider the provisionality and revisability of our deployments of the term “woman.”. (shrink)

This paper develops a domination-based practice-dependent approach to justice, according to which it is practices of systemic domination which can be said to ground demands from justice. The domination-based approach developed overcomes the two most important objections levelled to alternative practice-dependent approaches. First, it eschews conservative implications and hence is immune to the status quo objection. Second, it is immune to the redundancy objection, which doubts whether empirical facts and practices can really play an irreducible role in grounding justice. In (...) theorising dominating practices in terms of practices of social power, a domination-based approach makes justice dependent on factual information in three ways: First, the principle of non-domination is indeterminate and can only be spelled out by taking into view particular contexts of domination. Second, the principle of non-domination is conditional on the existence of practices of social power. Third, social power possesses a structural ontology – to know whether A has social power over B we need to turn to social rules distributing agents' higher order status of normative authority towards each other. This explains in what way practices of social power – and of domination – are both factual and normative practices and hence how such practices are non-redundant in grounding justice. (shrink)

:Robert Nozick allegedly introduced his liberal theory of private ownership as an objection to theories of end-state justice. Nevertheless, we show that, in a stylized framework for the allocation of goods in joint ventures, both approaches can be seen as complementary. More precisely, in such a context, self-ownership followed by voluntary transfer can lead to end-state fairness. Furthermore, under a certain solidarity condition, the only way to achieve end-state fairness, following Nozick’s procedure, is to endorse an egalitarian rule for the (...) initial assignment of rights. (shrink)

In this paper, I seek to undermine G.A. Cohen ’s polemical use of a metaethical claim he makes in his article, ‘ Facts and Principles’, by arguing that that use requires an unsustainable equivocation between epistemic and logical grounding. I begin by distinguishing three theses that Cohen has offered during the course of his critique of Rawls and contractualism more generally, the foundationalism about grounding thesis, the justice as non-regulative thesis, and the justice as all-encompassing thesis, and briefly argue that (...) they are analytically independent of each other. I then offer an outline of the foundationalism about grounding thesis, characterising it, as Cohen does, as a demand of logic. That thesis claims that whenever a normative principle is dependent on a fact, it is so dependent in virtue of some other principle. I then argue that although this is true as a matter of logic, it, as Cohen admits, cannot be true of actual justifications, since logic cannot tell us anything about the truth as opposed to the validity of arguments. Facts about a justification cannot then be decisive for whether or not a given argument violates the foundationalism about grounding thesis. As long as, independently of actual justifications, theorists can point to plausible logically grounding principles, as I argue contractualists can, Cohen ’s thesis lacks critical bite. (shrink)

In this paper I try to illuminate the Rawlsian architectonic through an interpretation of what Rawls’ Lectures on the History of Political Philosophy say about Rousseau. I argue that Rawls’ emphasis there when discussing Rousseau on interpreting amour-propre so as to make it compatible with a life in at least some societies draws attention to, and helps explicate, an analogous feature of his own work, the strains of commitment broadly conceived. Both are centrally connected with protecting a sense of self (...) which is vital for one’s own agency. This allows us to appreciate better than much of the literature presently does the requirement for Rawls that justice and the good are congruent, that a society of justice does not disfigure citizens’ ability to live out lives relatively unmarked by relations of domination. Some comments on G. A. Cohen’s critiques of Rawls are made. (shrink)

This paper studies the lessons of principled anti-corruption experts who dared to fulfill their duty of justice in highly corrupt societies, through the true story of Ngozi Okonjo-Iweala, the former Finance Minister of Nigeria. My thesis is that when principled anti-corruption experts are epistemic trespassers, they show moral incompetence. Okonjo-Iweala shows moral incompetence in two ways: she misread the opposition to her strategies and misled other honest reformers. Both actions bungled her efforts to eradicate corruption inasmuch as they hindered the (...) possibility of finding successful anti-corruption policies. Okonjo-Iweala’s moral incompetence is, I argue, the result of her epistemic trespassing that led her to act like an expert in an environment where she was not. I conclude that, in highly corrupt societies, principled anti-corruption experts should embrace moral humility, stop thinking that they are experts, and act more like students, asking questions and not rushing to think that they understand the answers. (shrink)

This article is concerned with the selection of an appropriate model of choice to underlie Rawls' two principles of justice. Rawls' first principle of justice states that basic liberty is not to be sacrificed for other objectives, including wealth. His second principle of justice suggests that even a minute decrease in the well-being of the least prosperous classes should not be accepted in exchange for an increase, no matter how large, in the well-being of more well-to-do citizens.

This article provides a comment on The Force of Law, which is Schauer's new and illuminating contribution to the place of law in our societies and in our lives. It constitutes a strong defence of the importance of coercion in law. First, I consider cases where the law is not able to motivate human behaviour adequately, in order to show that legal coercion is not always justified. Second, I examine the Rawlsian distinction between the ideal and the nonideal theory and (...) its application to the theory of law. Third, I tentatively argue that coercion has no place in ideal theory, but a core place in nonideal theory. In this way, it may be plausible to reconstruct the motivation to accept the law, at least when the law is normatively justified. (shrink)

The argument proceeds from a sense of imminent danger; 9/11 and its sequel challenge our deepest pretensions regarding the universality and self-evidence of moral/political conviction. The intransigence of such convictions is now an important source of international conflict and terror. It also signifies that the resolution of the disorder that now confronts the international community requires a transformation in our conception of morality itself. In this regard, philosophy has an important task to address. The discussion explores a radical change in (...) our understanding of just war, the distinction between war and peace, the logic of conflict, and similar topics. (shrink)

On 12 May 1962, a frail Douglas MacArthur delivered his final public speech to the cadets at the United States Military Academy. A West Point graduate himself, MacArthur served as Superintendent of...