In his recent bookThe Idea of Justice, Amartya Sen suggests that political philosophy should move beyond the dominant, Rawls-inspired, methodological paradigm – what Sen calls ‘transcendental institutionalism’ – towards a more practically oriented approach to justice: ‘realization-focused comparison’. In this article, I argue that Sen's call for a paradigm shift in thinking about justice is unwarranted. I show that his criticisms of the Rawlsian approach are either based on misunderstandings, or correct but of little consequence, and conclude that the Rawlsian (...) approach already delivers much of what Sen himself wants from a theory of justice. (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)

Charles Mills has argued against ideal theory in political philosophy on the basis that it contains idealizations. He calls for political philosophers to do more nonideal theory, namely political theory that pays more attention to the most visible oppressions in society, such as those based on race, gender, and class. Mills's argument relies on a distinction between idealization and abstraction. Idealizations involve adding false assumptions to one's model, which is unacceptable, whereas abstractions merely leave out details without undermining descriptive power. (...) By studying formal models of injustice, I argue that the idealization/abstraction distinction is unhelpful. Either the distinction exists only relative to one's modeling purposes, or all models in political theory contain idealizations. Either way, the distinction does not help Mills's cause. Furthermore, there are arguments from philosophy of science for the epistemic benefits of idealizations. However, Mills's call for greater emphasis on the most visible mechanisms of oppression can be supported without relying on an idealization/abstraction distinction. I provide three alternative reasons for why we should prefer political theories that place more emphasis on race-, class-, and gender-based oppression. (shrink)

Open Access: This essay argues that Claudia Card numbers among important contributors to nonideal ethical theory, and it advocates for the worth of NET. Following philosophers including Lisa Tessman and Charles Mills, the essay contends that it is important for ethical theory, and for feminist purposes, to carry forward the interrelationship that Mills identifies between nonideal theory and feminist ethics. Card's ethical theorizing assists in understanding that interrelationship. Card's philosophical work includes basic elements of NET indicated by Tessman, Mills, and (...) others, and further offers two important and neglected elements to other nonideal ethical theorists: her rejection of the “administrative point of view,” and her focus on “intolerable harms” as forms of “extreme moral stress” and obstacles to excellent ethical lives. The essay concludes that Card's insights are helpful to philosophers in developing nonideal ethical theory as a distinctive contribution to, and as a subset of, nonideal theory. (shrink)

Neo-Aristotelian virtue ethics identifies the virtues with the traits the fully virtuous person possesses. Further, it depicts the fully virtuous person as having all the cognitive perfections necessary for possessing practical wisdom. This paper argues that these two theses disqualify faith as trust, as construed on contemporary accounts of faith, as a virtue. For faith’s role as a virtue depends on limitations of its possessor that are incompatible with the psychological profile of the fully virtuous person on the neo-Aristotelian picture. (...) I argue that because of tensions internal to the standard neo-Aristotelian view and the compelling arguments in recent literature that faith is a virtue, the neo-Aristotelian has good reason to revise her account of virtue and picture of the fully virtuous person. (shrink)

This paper outlines an account of political realism as a form of ideology critique. Our focus is a defence of the normative edge of this critical-theoretic project against the common charge that there is a problematic trade-off between a theory’s groundedness in facts about the political status quo and its ability to consistently envisage radical departures from the status quo. To overcome that problem we combine insights from three distant corners of the philosophical landscape: theories of legitimacy by Bernard Williams (...) and other realists, Frankfurt School-inspired Critical Theory, and recent analytic epistemological and metaphysical theories of cognitive bias, ideology, and social construction. The upshot is a novel account of realism as empirically-informed diagnosis- critique of social and political phenomena. This view rejects a sharp divide between descriptive and normative theory, and so is an alternative to the anti- empiricism of some approaches to Critical Theory as well as to the complacency towards existing power structures found within liberal realism, let alone mainstream normative political philosophy, liberal or otherwise. (shrink)

Lisa Tessman’s Moral Failure: On the Impossible Demands of Morality raises important questions about ideal theory, oppression, and the role of action guidance in normative philosophy. After a brief overview of feminist and anti-racist philosophers’ critiques of ideal theory, I examine Tessman’s claim that nonideal oppression theorists focus too narrowly on action guidance and thereby obscure other important normative issues, such as the problem of moral failure. Although I agree with Tessman’s advocacy of a wider focus—and with her suggestion that (...) situations of inevitable moral failure are particularly important to examine in contexts of oppression—I question whether nonideal oppression theorists actually emphasize action guidance to the exclusion of other concerns. I conclude with a brief examination of the way that ideal and nonideal theory have been defined and understood in debates about normative methodology, and I suggest that a move away from Rawls’s account of the ideal/nonideal distinction would benefit feminists and other oppression theorists. (shrink)

I briefly introduce Moral Failure as a book that brings together philosophical and empirical work in moral psychology to examine moral requirements that are non-negotiable and that contravene the principle that “ought implies can.” I respond to Rivera by arguing that the process of construction that imbues normative requirements with authority need not systematize or eliminate conflicts between normative requirements. My response to Schwartzman clarifies what is problematic about nonideal theorizing that limits itself to offering action-guidance. In response to Kittay, (...) I defend my rejection of “ought implies can,” and consider the implications of the concept of unfair moral requirements. (shrink)

How does so much gender inequality endure in an era when many laws and policies endorse principles of gender equality? This essay examines this dilemma by considering Susan Moller Okin's criticism of “false gender neutrality,” research on implicit bias, and the shifting relation of gender bias to American law. I argue that these are crucial elements of the modern cycle of gender inequality, enabling it to operate through a perverse “invisible-hand” mechanism. This framework helps convey how underlying gender bias influences (...) individual behaviors that generate, legitimate, and mask broad patterns of inequality. Contemporary legal conflicts reflect many of these dynamics, which appear in controversies over gender-based violence, gender discrimination in pay and promotion, and women's reproductive health care benefits. This analysis advances our understanding of how the contemporary cycle of gender inequality operates, the complex links between individual behavior and structural bias, and the difficulty of pursuing gender justice through prevailing frameworks of law and liberalism. It also underscores the continued importance of feminists' collective work to address “invisible” as well as visible biases. (shrink)

Some of the most important contributions to animal ethics over the past decade or so have come from political, as opposed to moral, philosophers. As such, some have argued that there been a ‘political turn’ in the field. If there has been such a turn, it needs to be shown that there is something which unites these contributions, and which sets them apart from previous work. We find that some of the features which have been claimed to be shared commitments (...) of the turn are contested by key theorists working in the field. We also find that the originality of the turn can be exaggerated, with many of their ideas found in more traditional animal ethics. Nonetheless, we identify one unifying and distinctive feature of these contributions: the focus on justice; and specifically, the exploration of how political institutions, structures and processes might be transformed so as to secure justice for both human and nonhuman animals. (shrink)

Recently debates about the worth of “ideal theory” have directed attention to the functions that an account of a perfectly just society can serve. One function is that of “reconciliation”: learning that a seemingly undesirable feature of the social world would exist even in the perfectly just society can show us the value that it has in the present as well. John Rawls has emphasized reconciliation as among the roles of political philosophy. For instance, Rawls claims that his theory of (...) justice can reconcile us to the pluralism of liberal democracies. In this essay, I argue that Rawls’s political theory also can reconcile the inhabitants of liberal democratic societies to the fact that such societies may be cognitively confusing on account of their complexity. Then I contend that Rawls’s work offers valuable theoretical resources for analysing a society’s transparency or lack thereof. (shrink)

A literary criticism is presented of the book "Challenging Liberalism: Feminism As Political Critique," by Lisa Schwartzman, in response to a symposium devoted to her book. The author comments on feminist theory's criticism of liberalism and the potential for feminist methodology to address the oppression of women globally. Topics include the argument for women's rights as human rights and criticism of the women's rights movement by African scholars, as well as a discussion of the Massai tribe.

Sociologists generally agree that history affects or conditions moral belief, but the relationship is still only vaguely understood. Using a case study of the appearance of social justice beliefs in Victorian-era Britain, this article develops an explanation of the link between history and morality by applying field theory to capture the historical genesis of a field. A moral way of evaluating poverty and inequality developed slowly over the course of the nineteenth century in Britain, with a trajectory extending back to (...) Malthus’s Essay on the Principle of Population and moving forward to the Fabians, the Settlement Movement, and other social reformers at the end of the nineteenth century. Drawing from field theory, I argue that social justice beliefs emerged during this time through the genesis of moral universalism as a distinct mode of experience. Several recognizable moral beliefs appeared in the process, including “equality of opportunity,” “equality of reward,” “character,” and “effort,” “ability,” and “duty” as forms of merit (among others). I argue for treating moral beliefs as historical and relational entities that are situated and dated by the conditions marking their appearance in a field. As I conclude, this lends the sociology of morality to a critical moral reflexivity instead of moral relativism or moral realism. (shrink)

J’aborde tout d’abord l’objection relativiste aux droits humains, afin de pouvoir ensuite me concentrer sur d’autres questions soulevées par la question des droits humains et des minorités culturelles. Le but de ma discussion est d’identifier et d’interroger les tensions potentielles entre minorités culturelles et droits humains, afin de montrer en quoi les droits humains peuvent protéger les minorités culturelles et, ultimement, de problématiser la manière dont cette protection peut se déployer. Dans ce but, je commence par clarifier deux notions-clés de (...) ce débat : les minorités culturelles et les droits différenciés selon l’appartenance à un groupe, en en proposant une typologie. J’examine ensuite dans quelle mesure les aspects collectiviste et particulariste des droits différenciés se trouvent ou non en tension respectivement avec les aspects individualiste et universaliste des droits humains. Prenant comme points de référence quelques droits humains particuliers, je me penche enfin sur la situation de certaines minorités culturelles dans les démocraties libérales occidentales pour dégager les conditions délibératives de la réalisation de ces droits humains. Au fil de ces trois sections, une de mes préoccupations est de mettre en lumière les enjeux méthodologiques qui sous-tendent ces différents débats et de montrer la nécessité d’adopter une approche améliorative. I first address the relativist challenge to human rights, so as to be able to focus next on other questions raised by the question of human rights and cultural minorities. The aim of my discussion is to identify and to question the potential tensions between cultural minorities and human rights, in order to show how human rights can protect cultural minorities, and ultimately to problematize the way in which this protection can take place. To that end, I start by clarifying two key notions in this debate : cultural minorities and group-differentiated rights, by proposing a typology. I then examine to what extent the collectivist and the particularist aspects of group-differentiated rights are in tension respectively with the individualist and the universalist aspects of human rights. Taking as reference points a few particular human rights, I turn, finally, to the situation of certain cultural minorities in western liberal democracies to draw out the deliberative conditions of the realization of those human rights. Throughout all three sections, one of my concerns is to shed light on the methodological stakes underlying those different debates and to show that we should adopt an ameliorative approach. (shrink)

This paper attempts to get some critical distance on the increasingly fashionable issue of realism in political theory. Realism has an ambiguous status: it is sometimes presented as a radical challenge to the _status quo_; but it also often appears as a conservative force, aimed at clipping the wings of more ‘idealistic’ political theorists. I suggest that what we might call ‘actually existing realism’ is indeed a conservative presence in political philosophy, and that its ambiguous status plays a part in (...) making it so. But I also argue that there is no necessary connection between realism and conservatism. This paper describes the three contingent and suspiciously quick steps which lead from an initial commitment to being attentive to the real world, via a particular kind of pessimism about political possibilities, to an unnecessarily conservative destination. In the process, I try to show how the ubiquitous trinity of realism, pessimism and conservatism might be pulled apart, thus removing the artificial tension between ‘being realistic’ and the demand for far-reaching social change. (shrink)

The need for explicit theoretical reflection on cross-cultural bioethics continues to grow as the spread of communication technologies and increased human migration has made interactions between medical professionals and patients from different cultural backgrounds much more common. I claim that this need presents us with the following dilemma. On the one hand, we do not want to operate according to an imperialist ethical framework that denies and silences the legitimacy of cultural values other than our own. On the other hand, (...) we do not want to backslide into a form of cultural relativism that is unable to critically appraise cultural practices that are harmful, unjust, or oppressive. I examine two prominent attempts – the principlism of Tom Beauchamp and James Childress and the Contractarianism of Robert Baker – to frame cross-cultural bioethics between these two extremes and argue that both approaches have significant flaws. The principlist approach fails to provide a non-question begging way to identify cross-cultural norms that does not already assume the universal legitimacy of moral principles dominant in North American society. Baker's contractarianism cannot grapple with the realities of political power imbalances that often characterize cross-cultural moral disputes. I suggest that a naturalized feminist framework, though not free of its own theoretical difficulties, provides the best alternative for approaching moral diversity respectfully and critically. (shrink)

In this paper we claim that Rawls’s theory is compatible with the absence of rectification of extremely important historical injustices within a given society. We hold that adding a new principle to justice-as-fairness may amend this problem. There are four possible objections to our claim: First, that historical rectification is not required by justice. Second, that, even when historical rectification is a matter of justice, it is not a matter of distributive justice, so that Rawls’s theory is justified in leaving (...) it unaddressed. Third, that dealing with historical injustice is outside of the scope of ideal theory, so that even when historical rectification is required by justice, Rawls’s theory starts with the assumption that no such historical injustice has occurred. Fourth, that while historical injustice is within the scope of Rawls’s theory, there is no need for further principles of justice to deal with it, so that the correct regulation of the principles of justice-as-fairness would ensure the rectification of all relevant historical injustices of a particular society. While we offer several arguments against the first and second objections, we address the last two at length and show that both fail. (shrink)

Must principles of justice be practical? Some political philosophers, the “implementers,” say yes. Others, the “idealists,” say no. Despite this disagreement, the implementers and idealists agree on what “practical” means, subscribing to the “implementation-prediction” conception of practicality. They also seem to agree that principles of so-called “ideal theory” need not be IP-practical. The implementers take this as a reason to reject ideal theory as an approach to principles of justice, while the idealists do not. In this paper, I argue that (...) we should reject the IP conception of practicality. The implementers make a mistake, then, by requiring principles of justice to be IP-practical. But the idealists make a mistake, too, by rejecting in general the requirement that principles of justice be practical. For there is a plausible alternative conception of practicality that political philosophers should accept: the “experimentation-learning” conception. EL-practicality makes for a more realistic and epistemically accessible standard of practicality, and thus should be welcomed by the realistically-inclined implementers. It also preserves a crucial role for ideal theory, so should be welcomed by the idealists, too. (shrink)

Ordinary Language Philosophy has largely fallen out of favour, and with it the belief in the primary importance of analyses of ordinary language for philosophical purposes. Still, in their various endeavours, philosophers not only from analytic but also from other backgrounds refer to the use and meaning of terms of interest in ordinary parlance. In doing so, they most commonly appeal to their own linguistic intuitions. Often, the appeal to individual intuitions is supplemented by reference to dictionaries. In recent times, (...) Internet search engine queries for expressions of interest have become quite popular. Apparently, philosophers attempt to surpass the limits of their own linguistic intuitions by appealing to experts or to factual uses of language. I argue that this attempt is commendable but that its execution is wanting. Instead of appealing to dictionaries or Internet queries, philosophers should employ computer-based linguistic corpora in order to confirm or falsify hypotheses about the factual use of language. This approach also has some advantages over methods employed by experimental philosophers. If the importance of ordinary language is stressed, the use of linguistic corpora is hardly avoidable. (shrink)

This article examines the methodology of a core branch of contemporary political theory or philosophy: “analytic” political theory. After distinguishing political theory from related fields, such as political science, moral philosophy, and legal theory, the article discusses the analysis of political concepts. It then turns to the notions of principles and theories, as distinct from concepts, and reviews the methods of assessing such principles and theories, for the purpose of justifying or criticizing them. Finally, it looks at a recent debate (...) on how abstract and idealized political theory should be, and assesses the significance of disagreement in political theory. The discussion is carried out from an angle inspired by the philosophy of science. (shrink)

How ought we to respond to strangers in imminent need? Many people suggest that we need justice to temper the partiality of care. In this paper 1 argue that neither care nor justice adequately motivates attention to the suffering of strangers. Rather, a different virtue, compassion grounded in equanimity, is required. I demonstrate that the virtue of compassion alhws the agent to sustain her engagement with suffering strangers without sacrificing her own flourishing.

This article criticizes Laura Valentini's criterion for distinguishing good and bad idealizations in normative political theory. I argue that, on an attentive reading of her criterion, all ideal theories she discusses must be written off as incorporating bad idealizations. This fact makes Valentini's criterion trivially implausible, for it is argued that there are good idealizations that succeed in promoting the action-guiding goal of ideal theory. Upon rejecting an attempt to salvage the idealizations that Valentini marks off as bad, I develop (...) an alternative criterion for demarcating good and bad idealizations. The criterion holds that the standing of a theory's idealized assumptions depends on whether the stipulated idealizations can be feasibly realized in the non-ideal world, and thus on whether the principles that the theory generates can be made relevant for real-world practice. I also claim that the feasibility criterion better reflects the function of idealization in promoting action-guidance. Unlike Valentini's criterion, the feasibility criterion yields the result that Rawls' theories of domestic and international justice both incorporate bad idealizations. (shrink)

Recent research on women philosophers has led to more discussion of the merits of many previously forgotten women in the past several years. Yet due to the fact that a thinker’s significance and influence are historical phenomena, women remain relatively absent in “mainstream” discussions of philosophy. This paper focuses on several successful academic women in American philosophy and takes notice of how they succeeded in their own era. Special attention is given to three important academic women philosophers: Mary Whiton Calkins, (...) Ellen Bliss Talbot, and Marietta Kies. (shrink)

This paper draws on Claudia Card’s discussions of moral luck to consider the complicated moral life of people—described as pessimists—who accept the heavy knowledge of the predictability of the bad moral luck of oppression. The potential threat to ethics posed by this knowledge can be overcome by the pessimist whose resistance to oppression, even in the absence of hope, expresses a sense of still having a ‘‘claim’’ on flourishing despite its unattainability under oppression.

Gender, race, and sexuality are not just identities; they are also systems of social organization – i.e., systems of privilege and oppression. This article addresses two main ways privilege and oppression (e.g., racism, misogyny, heteronormativity) are relevant topics in and for philosophical aesthetics: (i) the role of the aesthetic in privilege and oppression, and (ii) the role of philosophical aesthetics, as a discipline and a body of texts, in constructing and naturalizing relations of privilege and oppression (i.e., white heteropatriarchy). The (...) first part addresses how systems of privilege and oppression use the aesthetic. I will discuss various ways race, gender, and sexuality, as both embodied identities and broader social institutions, work with and through “the aesthetic”. The second part addresses racism and (hetero) sexism in the discipline of aesthetics. Both in its history and its present practice aesthetics’apparent neutrality on questions of privilege and oppression is actually evidence of its investment in systems of privilege and oppression. (shrink)

Numerous philosophers allege that the "general theory of second best" (Lipsey and Lancaster, 1956) poses a challenge to the Target View, which asserts that real world reform efforts should aim to establish arrangements that satisfy the constitutive features of ideal just states of affairs. I demonstrate two claims that are relevant in this context. First, I show that the theory of second best fails to present a compelling challenge to the Target View in general. But, second, the theory of second (...) best requires ideal theorists to undertake certain kinds of causal and comparative analyses that are typically thought to lie beyond the borders of conventional ideal theory. (shrink)

This paper critically evaluates what it identifies as ‘the institutional theory of freedom’ developed within recent neo-Hegelian philosophy. While acknowledging the gains made against the Kantian theory of autonomy as detachment it is argued that the institutional theory ultimately undermines the very meaning of practical agency. By tying agency to institutionally sustained recognition it effectively excludes the exercise of practical reason geared toward emancipation from a settled normative order. Adorno's notion of autonomy as resistance is enlisted to develop an account (...) of practical reason that is neither institutionally constrained nor without appropriate consideration of the historical location of the practical agent. (shrink)

Philosophy has the dubious distinction of attracting and retaining proportionally fewer women than any other field in the humanities, indeed, fewer than in all but the most resolutely male-dominated of the sciences. This short article introduces a thematic cluster that brings together five short essays that probe the reasons for and the effects of these patterns of exclusion, not just of women but of diverse peoples of all kinds in Philosophy. It summarizes some of the demographic measures of exclusion that (...) are cause for concern and identifies key themes that cross-cut these discussions: gender stereotypes and climate issues, ‘cognitive distortions’ and disciplinary norms. (shrink)

It is conventional wisdom among political philosophers that ideal principles of justice must guide our attempts to design institutions to avert actual injustice. Call this the ideal guidance approach. I argue that this view is misguided— ideal principles of justice are not appropriate "guiding principles" that actual institutions must aim to realize, even if only approximately. Fortunately, the conventional wisdom is also avoidable. In this paper, I develop an alternative approach to institutional design, which I call institutional failure analysis. The (...) basic intuition of this approach is that our moral assessment of institutional proposals is most effective when we proceed from a detailed understanding of the causal processes generating problematic social outcomes. Failure analysis takes the institutional primary design task to be obviating or averting institutional failures. Consequently, failure analysis enables theorists to prescribe more effective solutions to actual injustice because its focuses on understanding the injustice, rather than specifying an ideal of justice. (shrink)

Are government restrictions on hate speech consistent with the priority of liberty? This relatively narrow policy question will serve as the starting point for a wider discussion of the use and abuse of nonideal theory in contemporary political philosophy, especially as practiced on the academic left. I begin by showing that hate speech (understood as group libel) can undermine fair equality of opportunity for historically-oppressed groups but that the priority of liberty seems to forbid its restriction. This tension between free (...) speech and equal opportunity creates a dilemma for liberal egalitarians. Nonideal theory apparently offers an escape from this dilemma, but after examining three versions of such an escape strategy, I conclude that none is possible: liberal egalitarians are indeed forced to choose between liberty and equality in this case and others. I finish the paper by examining its implications for other policy arenas, including markets in transplantable human organs and women’s reproductive services. (shrink)

During the 1960s and 1970s, institutionalists and behavioralists in the discipline of political science argued over the legitimacy of the institutional approach to political inquiry. In the discipline of philosophy, a similar debate concerning institutions has never taken place. Yet, a growing number of philosophers are now working out the institutional implications of political ideas in what has become known as “non-ideal theory.” My thesis is two-fold: (1) pragmatism and institutionalism are compatible and (2) non-ideal theorists, following the example of (...) pragmatists, can avoid a similar debate as took place between institutionalists and behavioralists by divulging their assumptions about institutions. (shrink)

Drawing on the work of Charles W. Mills and considering the case of reparations to Black Americans, this article defends the “structural turn” in the philosophical reparations scholarship. In the Black American context, the structural turn highlights the structural and institutional operations of a White supremacist political system and a long chronology of state-sponsored injustice, as opposed to enslavement as a standalone historical episode. Here, the question whether distributive justice is more appropriate than reparative justice is particularly pressing, since structural (...) racial inequalities form part of the basis for reparations. Derrick Darby’s pragmatic argument for non-race-specific redistributive policies and Tommie Shelby’s principled defense of distributive justice are both considered, as well as the challenge to the structural turn that comes from Carlton Waterhouse’s argument for reparations for enslavement rather than “legacy of slavery” reparations. (shrink)

What are we to make of the fact that world leaders, such as Canada’s Justin Trudeau, have, within the last few decades, offered official apologies for a whole host of past injustices? Scholars have largely dealt with this phenomenon as a moral question, seeing in these expressions of contrition a radical disruption of contemporary neoliberal individualism, a promise of a more humane world. Focusing on Canadian apology politics, this essay instead proposes a nonideal approach to state apologies, sidestepping questions of (...) what they ought to do and focusing instead on their actual functioning as political acts. Through a sociologically informed speech act theory and Foucault’s work on power, apology is conceptualized as a speech act with an essentially relational nature. The state, through apologizing, reaffirms the norms governing its relationship to its subjects at a moment when a past transgression threatens to destabilize this relation. From a Foucauldian point of view, the state’s power inheres in the very stability of the state–citizen relation, and we should therefore see apologies as defensive moves to protect state hegemony. In the context of Western liberal democracies, such as Canada, apologies embody, rather than challenge, the logic of neoliberal governmentality by suggesting that everything, including resentment against the state, can be managed within the current status quo. Nevertheless, total cynicism about apology politics is not warranted. In many indigenous apology campaigners’ demands for contrition we see another side of apologies: their potential to bring about change by enacting counterhegemonic relations to the state. (shrink)

This article proposes a retheorisation of Rawlsian civil disobedience through examining the burdens we expect people to bear when they practice civil disobedience, focussing specifically on marginalised groups. First, I consider public concerns over civil disobedience, to elicit the idea of an ‘authentic civil disobedience’. I then assess the claim that civil disobedience occurs within a ‘nearly just’ society in order to recognise the more complex position of marginalised civil disobedients. This allows me to frame any criteria we theorise for (...) civil disobedience as a wicked problem. Next, I examine one particular criterion dominant within the literature: that to be interpreted as civil disobedience, disobedients must show a willingness to suffer the legal consequences – and so, must not act anonymously. I claim that this asks too much of civil disobedients in a marginalised context and conclude civil disobedience theory needs retheorising to consider when and why anonymity is acceptable. (shrink)

Among mainstream political philosophers, Charles Mills is probably best known, not as the author of The Racial Contract, but for his long-running critique of ideal theory and Rawls for his association with it. Yet the critique of ideal theory that followed the publication of The Racial Contract is prefigured in that very work, where we find in inchoate form what would be further developed later on. In the book, this early formulation of the critique occupies a small part of a (...) larger, more general argument condemning mainstream political philosophy for the way that it has ignored race. In this paper, I explore the relation of the critique to this more general argument. It might be thought that the general argument leads inevitably to the critique of ideal theory. I will argue that this is not so. I will show how Mills’ more general argument can be made without taking the further step of critiquing ideal theorizing. The blame for why mainstream political philosophy has ignored race, and continues to ignore race, I will argue, should be placed elsewhere. (shrink)

Ideal theory in social and political philosophy generally works to hide philosophical theories’ complicity in sustaining the structural violence and maintenance of white supremacy that are foundational to settler colonial societies. While non-ideal theory can provide a corrective to some of ideal theory’s intended omissions, it can also work to conceal the same systems of violence that ideal theory does, especially when framed primarily as a response to ideal theory. This article takes a decolonial approach to exploring the limitations of (...) non-ideal theory in its ability to respond to and redress the continuing harms done to Indigenous peoples by settler colonialism, including by outlining non-ideal theory’s relationship to a colonial politics of recognition. (shrink)

In a previous paper entitled ‘Beyond Physiology: Embodied Experience, Embodied Advantage, and the Inclusion of Transgender Athletes in Competitive Sport,’ we claim that analyses of the inclusion or exclusion of transgender athletes in competitive sport must go beyond physiological criteria and incorporate the notions of embodied experience and embodied advantage. Our stance has recently been challenged as impractical and excessively exclusionary. In this paper, we address these challenges and build upon them to expand on the policy implications of our original (...) framework, highlighting that embodied experience and embodied advantage heavily influence athletic performance. We differentiate competitive fairness from justice to, with an emphasis on the inclusion of transgender women in competitive sport, formulate a justice-based argument for maximizing inclusion. Afterward, we identify ideal and nonideal policy recommendations connected to our analysis of embodied experience and embodied advantage. We ultimately advocate for a qualified inclusion that assesses potential residual (physiological and embodied) advantages while striving for justice and competitive fairness. (shrink)

In this article, I argue that, for the purpose of developing an effective critical social ontology about gender groups, it is not simply sufficient to carve gender groups at their joints: one must have in view whether the metaphysical categories we use to make sense of gender groups are prone to ideological distortion and vitiation. The norms underpinning a gender group's constitution as a type of social class and the norms involved in gender identity attributions, I propose, provide compelling reason (...) to think critical social ontological discourse is more processist-orientated, rather than substantival-orientated. The advantages of a processist critical social ontology of gender groups are that, unlike substance-discourse, process-discourse recognizes how gender group talk and gender identity talk are often messy and therefore require a conceptual scheme that can transform vocabulary for the emancipatory purpose of ending oppression, domination, and marginalization. (shrink)

The aim of this paper is to show that, for the purposes of addressing the epistemic aspects of systemic injustice, we need a notion of emancipatory attention. When the epistemic and ethical elements of an injustice are intertwined, it is a misleading idealisation to think of these epistemological elements as calling for the promotion of knowledge through a rational dialectic. Taking them to instead call for a campaign of consciousness-raising runs into difficulties of its own, when negotiating the twin risks (...) of being presumptuous about one’s own ignorance, and patronising in attributing ignorance to others. To arrive at a better response, we should follow Marilyn Frye’s suggestion that the epistemic aspects of injustice are, at root, problems of attention. But we fail to give an adequate account of this if we adhere to the most influential tradition of thinking about attention’s ethics, which takes its lead from Iris Murdoch’s reading of Simone Weil. That tradition addresses attention’s significance in individual contexts, rather than social ones. To get a better conception of the role that is played by attention in projects of social emancipation, we should take some ideas from recent work on the metaphysics of attention, together with ideas from an older tradition – represented here by R.G. Collingwood’s The Principles of Art – concerning the forms of attention that are occasioned by the creation and appreciation of art. (shrink)

This paper offers a defense of ‘publishing without belief’ (PWB) – the view that authors are not required to believe what they publish. I address objections to the view ranging from outright denial and advocacy of a belief norm for publication, to a modified version that allows for some cases of PWB but not others. I reject these modifications. In doing so, I offer both an alternative story about the motivations for PWB and a diagnosis of the disagreement over its (...) permissibility. The original defense focused on consequentialist reasons for allowing PWB, offering mostly defensive arguments against potential criticisms. But I argue that once we shift our focus to the reasons why authors might be prone to PWB, we see a difference in two types of motivation: whereas I imagine PWB as arising from underconfident agents, critics point to cagey or nefarious authorial practices, or authors’ failure to clarify their own degrees of belief. Underlying the debate over norms of philosophical publishing, we find two different conceptions of philosophy itself. (shrink)

This paper analyzes two main pro-vengeance Confucian arguments in light of Desmond Tutu's thinking. In the absence of just authority, Confucianism argues that carrying out blood vengeance is fulfillment of filial piety and fulfillment of moral duty for deterring crime and reforming the wrongdoer's character. Confucianism does not propose a systematic theory of blood vengeance after laws have been installed to prohibit act of revenge. As Confucian ethics focuses on virtue cultivation and advocates moral learning over punishment, it may find (...) the Tutuist approach of addressing wrongdoing compatible and complementary. In line with Tutuism, we argue that revenge is not justified because engaging in vengeance fuels negative and obsessive emotions, which undermine virtue and may lead to undesirable results, such as escalation of violence and harming of the innocent. Moreover, we defend that more conditions need to be met than the ones enunciated by the pro-vengeance standpoint to justify an act of revenge. (shrink)

In this paper, I consider what one might call a negative-critical turn in egalitarian political theorizing, according to which egalitarians should not begin with a positive account of how a society...

In considering patriarchy as potentially institutional and as a characteristic also of contemporary Western societies, a fundamental issue concerns how to make sense of largely informal institutions to begin with. Traditional accounts of institutions have often focused on formalized ones. It is argued here, however, that the principal idea behind one commonly accepted conception of institutions can be developed in a way that better facilitates an explication of informal institutions. When applied to the phenomenon of patriarchy, such an approach can (...) then also allow us to ontologically make sense of gray areas and hierarchies of authority, as well as the intersectionality of social positions. (shrink)

If we cannot define science using only analysis or description, then we must rely on imagination to provide us with suitable objects of philosophical inquiry. This process ties our intellectual findings to the particular ways in which we philosophers think about scientific practice and carve out a cognitive space between real world practice and conceptual abstraction. As an example, I consider Heather Douglas’s work on the responsibilities of scientists and document her implicit ideal of science, defined primarily as an epistemic (...) practice. I then contrast her idealization of science with an alternative: “technoscience,” a heuristic concept used to describe nanotechnology, synthetic biology, and similar “Mode 2” forms of research. This comparison reveals that one’s preferred imaginary of science, even when inspired by real practices, has significant implications for the distribution of responsibility. Douglas’s account attributes moral obligations to scientists, while the imaginaries associated with “technoscience” and “Mode 2 science” spread responsibility across the network of practice. This dynamic between mind and social order, I argue, demands an ethics of imagination in which philosophers of science hold themselves accountable for their imaginaries. Extending analogous challenges from feminist philosophy and Mills’s. “Ideal Theory’ as Ideology,” I conclude that we ought to reflect on the idiosyncrasy of the philosophical imagination and consider how our idealizations of science, if widely held, would affect our communities and broader society. (shrink)

Philosophy Compass, Volume 17, Issue 4, April 2022.