Rawls’ primary legacy is not that he standardised a particular view of justice, but rather that he standardised a particular method of arguing about it: justification via reflective equilibrium. Yet this method, despite such standardisation, is often misunderstood in at least four ways. First, we miss its continuity across his various works. Second, we miss the way in which it unifies other justificatory ideas, such as the ‘original position’ and an ‘overlapping consensus’. Third, we miss its fundamentally empirical character, given (...) that it turns facts about the thoughts in our head into principles for the regulation of our political existence. Fourth, we miss some of the implications of that empiricism, including its tension with moral realism, relativism, and conservatism. (shrink)

This paper provides a critical overview of the realist current in contemporary political philosophy. We define political realism on the basis of its attempt to give varying degrees of autonomy to politics as a sphere of human activity, in large part through its exploration of the sources of normativity appropriate for the political and so distinguish sharply between political realism and non-ideal theory. We then identify and discuss four key arguments advanced by political realists: from ideology, from the relationship of (...) ethics to politics, from the priority of legitimacy over justice and from the nature of political judgement. Next, we ask to what extent realism is a methodological approach as opposed to a substantive political position and so discuss the relationship between realism and a few such positions. We close by pointing out the links between contemporary realism and the realist strand that runs through much of the history of Western political thought. (shrink)

Political realists complain that much contemporary political philosophy is insufficiently attentive to various facts about politics yet some political philosophers insist that any critique of normative claims on grounds of unrealism is misplaced. In this paper I focus on the methodological position G.A. Cohen champions in order assess the extent to which this retort succeeds in nullifying the realist critique of contemporary political philosophy. I argue that Cohen’s work does not succeed in doing so because the political principles that we (...) are prepared to endorse are hostage to various fact-sensitive judgements about how they apply to the political domain. I then argue that this discredits various philosophical approaches to political theorising which begin by utilising non-political thought-experiments, such as Cohen’s own Why Not Socialism? (shrink)

Conflicting answers to the question of what principles of justice are for may generate very different ways of theorizing about justice. Indeed divergent answers to it are at the heart of G. A. Cohen's disagreement with John Rawls. Cohen thinks that the roots of this disagreement lie in the constructivist method that Rawls employs, which mistakenly treats the principles that emerge from a procedure that involves factual assumptions as ultimate principles of justice. But I argue that even if Rawls were (...) to abandon his constructivism, and to accept Cohen's argument that ultimate principles of justice are not grounded directly in any facts, their divergent views concerning the proper role of principles of justice would lead them to different conclusions. I contend that even if ultimate principles of justice are not directly grounded in any facts, the role that principles of justice are needed to play may mean that their justification depends upon facts about what is feasible and facts about what is burdensome to people. Contrary to what Cohen maintains, being dependent on the facts in this manner does not preclude a principle from being ultimate; nor do principles which have this sort of dependence on the facts necessarily combine justice with other values in a way that must lead to conflation. (shrink)

This paper makes the case for a revision of contemporary forms of political realism in political theory. I argue that contemporary realists have gone awry in increasingly centring their approach around a metaethical claim: that political theory should be rooted in a political form of normativity that is distinct from moral normativity. Several critics of realism have argued that this claim is unconvincing. But I suggest that it is also a counterintuitive starting point for realism, and one unnecessary to avoid (...) the ‘applied morality’ approach to political theory that realists oppose. Instead, realism should be methodologically orientated around what I term ‘empirically constitutive political realities’ - enduring features of real political contexts that are systematically consequential in their normative implications. Realists can persuasively argue that such empirically constitutive political realities must be attended to in political theory-building, and not merely treated as a context in which independently formulated moral theories are simply applied. This framing of realism accords real politics a genuinely foundational theoretical role, but without requiring any contentious metaethical stance about a non-moral political normativity. I explain some methodological implications that follow for realism – in particular the need to prioritise empirically grounded theorisation of real political contexts over abstract and rather essentialist claims about ‘the political’. I also argue that such a framing of realism helps engender a more accurate, less divisive, and more pluralist conception of methodological debates within political theory. (shrink)

This article provides a conceptual map of the debate on ideal and non‐ideal theory. It argues that this debate encompasses a number of different questions, which have not been kept sufficiently separate in the literature. In particular, the article distinguishes between the following three interpretations of the ‘ideal vs. non‐ideal theory’ contrast: (i) full compliance vs. partial compliance theory; (ii) utopian vs. realistic theory; (iii) end‐state vs. transitional theory. The article advances critical reflections on each of these sub‐debates, and highlights (...) areas for future research in the field. (shrink)

G. A. Cohen’s claim that fundamental principles are ‘fact-insensitive’ has not received an especially warm welcome from the philosophical community. While some philosophers have expressed doubts about the plausibility of his claim, others have complained that even if his thesis is true, it is also relatively insignificant. In my paper, I argue that the fact-insensitivity thesis, if true, provides considerable support for value pluralism, and is thus of interest for that reason. Though Cohen himself assumes a plurality of fundamental principles, (...) he never argues that the fact-insensitivity thesis supports this assumption. One of my paper’s aims, then, is to fill an argumentative gap in Cohen’s meta-ethical framework. (shrink)

In international human rights law ‘jurisdiction’ is the centre of the debate on extraterritorial obligations. The purpose of the present paper is to a) analyse how facts and principles contribute t...

David Estlund holds that ultimate normative principles are insensitive to bad facts. This is a deliberately twisted appropriation of Jerry Cohen’s famous dictum that ultimate normative principles are fact-insensitive. In this paper, I will show why Estlund’s twist misses the point of Cohen’s argument. The fact-insensitivity claim is not a requirement to eliminate all facts from our normative theories because facts necessarily make these theories concessive. Instead, it may help us to locate the true origin of these concessions. In normative (...) theorizing, we have not explained why a fact supports a principle if we fail to articulate the higher-order principle in light of which that fact is normatively significant. (shrink)

The feasibility constraint on the concept of justice roughly states that a necessary condition for something to qualify as a conception of justice is that it is possible to achieve and maintain given the conditions of the human world. In this paper, I propose three alternative interpretations of this constraint that could be derived from different understandings of the Kantian formula ‘ought implies can’: the ability constraint, the motivational constraint and the institutional constraint. I argue that the three constraints constitute (...) a sequence in the sense that accepting the motivational constraint presupposes that we accept the ability constraint, and to accept the institutional constraint presupposes that we accept both previous constraints. Adding the possibility of rejecting all three constraints, we get four distinct metatheoretical positions that theorists could take vis-à-vis the feasibility constraint on justice. (shrink)

In this brief essay, we clarify Cohen’s ‘Facts and Principles’ argument, and then argue that the objections posed by two recent critiques of Cohen—Robert Jubb (Res Publica 15:337–353, 2009) and Edward Hall (Res Publica 19:173–181, 2013)—look especially vulnerable to the charge of being self-defeating. It may still be that Cohen’s view concerning facts and principles is false. Our aim here is merely to show that two recent attempts to demonstrate its falsity are unlikely to succeed.

(2013). On Justice and Other Values: G.A. Cohen's Political Philosophy and the Problem of Trade-offs. Philosophical Papers: Vol. 42, No. 1, pp. 1-24. doi: 10.1080/05568641.2013.774721.

In Andrea Sangiovanni’s words, practice-dependent theorists hold that “[t]he content, scope, and justification of a conception of [a given value] depends on the structure and form of the practices that the conception is intended to govern”. They have tended to present this as methodologically innovative, but here I point to the similarities between the methodological commitments of contemporary practice-dependent theorists and others, particularly P. F. Strawson in his Freedom and Resentment and Bernard Williams in general. I suggest that by looking (...) at what Strawson and Williams did, we can add to the reasons for adopting one form or another of practice-dependence. The internal complexity of the practices we hope our principles will govern may require it. However, this defence of practice-dependence also puts pressure on self-identified practice-dependence theorists, suggesting that they need to do more work to justify the interpretations of the practices their theories rely on. (shrink)

An increasingly popular approach to global justice claims we should be ‘integrationist,’ where integrationism represents an attempt to unify our theorising between different domains of global politics. These political theorists have argued that we cannot identify plausible principles in one domain, such as climate justice, which are not sensitive to general moral concerns. This paper argues we ought to reject the concept of integrationism. It shows that integrationism is either trivial, or it obscures relevant disagreement by ignoring the distinctive methodological (...) and substantive commitments held by its opponents. The paper then argues that the relevant disagreement is actually about the role of practices for political philosophy and, as such, should be framed in terms of the distinction between practice-dependent and practice-independent theory. Finally, I provide my own account of that distinction, identifying a practice-dependent claim that those concerned about the narrowness of prominent accounts of global justice should target. (shrink)

This paper contributes to recent discussions on ideal anarchism vs. ideal statism. I argue, contra ideal anarchists, that coercive state institutions would be justified even in a society populated by morally perfect individuals. My defense of ideal statism is novel in that it highlights the moral benefits of state coercion. Rather than the practical effects on individual compliance or the distributive outcomes that follow therefrom, coercive state institutions are justified through the moral benefits they provide. The state is morally beneficial (...) because it a) lessens the demands on the will that fall on agents under ideal anarchism, and b) counters the structural domination that follows from differences in natural endowments. By shifting the focus of the debate from feasibility to desirability, the paper exposes the flaws of ideal anarchism and provides new insights into the moral value of the state. (shrink)