I defend affirmative action on the ground that it increases certain people’s ability to exercise their basic liberties, rather than because it rectifies injustice in the narrow context of educational admission procedures. I present this justification using a Rawlsian contractualist framework to forge a “nonideal principle of justice.” Drawing on social science, I argue that this principle supports affirmative-action policies like those in the contemporary U.S., and blocks the objection that such policies are unfair. In closing, I show how my (...) account can be used to refine some features of contemporary affirmative-action policies, and I reflect more generally on the value of nonideal principles of justice for tackling exigent topics. (shrink)

This article argues that diverse theorists have reasons to theorize about fairness in nonideal conditions, including theorists who reject fairness in ideal theory. It then develops a new all-purpose model of ‘nonideal fairness.’ §1 argues that fairness is central to nonideal theory across diverse ideological and methodological frameworks. §2 then argues that ‘nonideal fairness’ is best modeled by a nonideal original position adaptable to different nonideal conditions and background normative frameworks (including anti-Rawlsian ones). §3 then argues that the parties to (...) the model have grounds to seek a variety of remedial social, legal, cultural, and economic ‘nonideal primary goods’ for combating injustice, as well as grounds to distribute these goods in an equitable and inclusive manner. Finally, I illustrate how the model indexes the nonideal primary goods it justifies to different nonideal contexts and background normative frameworks, illustrating why diverse theorists should find the model and its output principles attractive. (shrink)

This article discusses the adequacy of Rawls’ theory of justice as a tool for racial justice. It is argued that critics like Charles W Mills fail to appreciate both the insights and limits of the Rawlsian framework. The article has two main parts spread out over several different sections. The first is concerned with whether the Rawlsian framework suffices to prevent racial injustice. It is argued that there are reasons to doubt whether it does. The second part is concerned with (...) whether a Rawlsian framework has the resources to rectify past racial injustice. It is argued that it has more resources to do this than Mills allows. This second part of the article centers on two Rawlsian ideas: ideal theory and the fair equality of opportunity principle. It is argued that ideal theory is essential for the kind of rectificatory work that Mills wants nonideal theory to do, and that where there is a socioeconomic legacy of past injustice, it is hard to see how FEO could be implemented if it did no rectificatory work, a result which means that there is less need to turn to nonideal theory at all. (shrink)

In recent work in political philosophy there has been much discussion of two approaches to theorizing about justice that have come to be called ‘ideal theory’ and ‘non-ideal theory’. The distinction was originally articulated by Rawls, who defended his focus on ideal theory in terms of a supposed ‘priority’ of the latter over non-ideal theory. Many critics have rejected this claim of priority and in general have questioned the usefulness of ideal theory. In diagnosing the problem with ideal theory, they (...) have frequently fingered for blame the idealization it involves. In this paper I focus on one particular, much-discussed idealization—full compliance—in order to defend it. Focusing on the assumption, I argue that Rawls’s work is not ideal in the way that it is usually thought to be, is less ideal than is widely recognized, and became less ideal over time. I also argue that critics who in effect claim that it is not realistic enough simply fail to understand Rawls’s central motivation. Finally, I defend the assumption by arguing that there is an important sense in which all theories of justice must assume full compliance. Such an assumption, I argue, is needed if we are to have a plausible basis on which to judge the normative attractiveness of a theory. (shrink)

While there has been renewed attention to racial justice in the United States and around the world recently, there is a long tradition among philosophers and other theorists of reflecting on the nature racial injustice and the remedies that it demands. This article discusses two prominent approaches to racial justice, liberal egalitarian theory and critical race theory, and focuses on four issue areas: reparations, affirmative action and race‐conscious policy, integration, and criminal justice. Although liberal and critical approaches to racial justice (...) are sometimes seen as in opposition to each other, it is argued here that there is often convergence as well. Despite their differing pedigrees, a shared commitment to racial equality and a shared recognition of the profound, structural nature of racial inequality often leads scholars from different starting points to similar, radical conclusions. (shrink)