Garrett Cullity contends that fairness is appropriate impartiality (See Cullity (2004) Chapters 8 and 10 and Cullity (2008)). Cullity deploys his account of fairness as a means of limiting the extreme moral demand to make sacrifices in order to aid others that was posed by Peter Singer in his seminal article ‘Famine, Affluence and Morality’. My paper is founded upon the combination of (1) the observation that the idea that fairness consists in appropriate impartiality is very vague and (2) the (...) fact that psychological studies show the self-serving bias is especially likely to infect one’s judgements when the ideas involved are vague. I argue that Cullity’s solution to extreme moral demandingness is threatened by these findings. I then comment on whether some other theories of fairness are vulnerable to the same objection. (shrink)

Principles of distributive justice are normative principles designed to guide the allocation of the benefits and burdens of economic activity.

What an honor to have political and educational theorists of such caliber take up ideas from my work! What a daunting task to try to respond! My remarks will touch on the following questions: What are some key issues of distributive justice in education today? Why does defining justice in terms of oppression and domination imply that issues of justice cannot be reduced to distribution? How does normalization constitute a major process enacting oppression, and what does this imply for education? (...) What does it mean to include marginalized groups in economic opportunity and democratic process, and how can educational institutions foster such inclusion? Why do issues of religion and other forms of cultural expression belong to a distinct category of justice? Are values of freedom of expression and tolerance in tension with the project of democratic inclusion? How shall we consider transnational issues of educational justice? (shrink)

What an honor to have political and educational theorists of such caliber take up ideas from my work! What a daunting task to try to respond! My remarks will touch on the following questions: What are some key issues of distributive justice in education today? Why does defining justice in terms of oppression and domination imply that issues of justice cannot be reduced to distribution? How does normalization constitute a major process enacting oppression, and what does this imply for education? (...) What does it mean to include marginalized groups in economic opportunity and democratic process, and how can educational institutions foster such inclusion? Why do issues of religion and other forms of cultural expression belong to a distinct category of justice? Are values of freedom of expression and tolerance in tension with the project of democratic inclusion? How shall we consider transnational issues of educational justice? (shrink)

In liberal political theory, meaningful work is conceptualised as a preference in the market. Although this strategy avoids transgressing liberal neutrality, the subsequent constraint upon state intervention aimed at promoting the social and economic conditions for widespread meaningful work is normatively unsatisfactory. Instead, meaningful work can be understood to be a fundamental human need, which all persons require in order to satisfy their inescapable interests in freedom, autonomy, and dignity. To overcome the inadequate treatment of meaningful work by liberal political (...) theory, I situate the good of meaningful work within a liberal perfectionist framework, from which standpoint I develop a normative justification for making meaningful work the object of political action. To understand the content of meaningful work, I make use of Susan Wolf’s distinct value of meaningfulness, in which she brings together the dimensions of objectivity and subjectivity into the ‘bipartite value’ of meaningfulness (BVM) (Wolf, Meaning in life and why it matters, 2010). However, in order to be able to incorporate the BVM into our lives, we must become valuers, that is, co-creators of values and meanings. This demands that we acquire the relevant capabilities and status as co-authorities in the realm of value. I conclude that meaningful work is of first importance because it is a fundamental human need, and that society ought to be arranged to allow as many people as possible to experience their work as meaningful through the development of the relevant capabilities. (shrink)

The Demandingness Objection is the objection that a moral theory or principle is unacceptable because it asks more than we can reasonably expect. David Sobel, Shelley Kagan and Liam Murphy have each argued that the Demandingness Objection implicitly – and without justification – appeals to moral distinctions between different types of cost. I discuss three sets of cases each of which suggest that we implicitly assume some distinction between costs when applying the Demandingness Objection. We can explain each set of (...) cases, but each set requires appeal to a separate dimension of the Demandingness Objection. (shrink)

It often appears that the most appropriate form of addressing disadvantage related to disability is through policies that can be called “status enhancements”: changes to the social, cultural and material environment so that the difficulties experienced by those with impairments are reduced, even eradicated. However, status enhancements can also have their limitations. This paper compares the relative merits of policies of status enhancement and “personal enhancement”: changes to the disabled person. It then takes up the question of how to assess (...) the priority of the claims of disabled people in the face of scarcity of resources for which there can be many competing social claims, arguing for the theory of “declustering disadvantage”. (shrink)

Quotas, including youth quotas for representative institutions, are usually evaluated from within the social justice discourse. That discourse relies on several questionable assumptions, seven of which I critically address and radically revise in this contribution from a libertarian perspective. Temporal justice then takes on an entirely different form. It becomes a theory in which responsibilities are clear and cannot be shifted onto the shoulders of the weak and innocent. I shall only briefly sketch some outlines and general implications of such (...) a theory, arguing that it offers too little guidance for our imperfect world. While that implies more tolerance for quotas, I nevertheless propose an alternative more suited to a representative, deliberative democracy: veto rights. (shrink)

Much liberal theorizing of the past twenty years has been built around a conception of neutrality and an accompanying virtue of reasonableness according to which citizens ought to be able to view public policy debates from a perspective detached from their comprehensive conceptions of the good. The view of “justifi catory neutrality” that emerges from this view is discussed and rejected as embodying controversial views about the relationship of individuals to their conceptions of the good. It is shown to be (...) based upon a “protestant” assumption according to which conceptions of the good can be cashed out in terms of propositional beliefs. An alternative conception of reasonableness, grounded in the stable disposition of individuals to prefer social peace over conflict is described. It is argued that it better satisfies the neutralist requirement than do theories of justifi catory neutrality. (shrink)

John Horton has argued for an associative theory of political obligation in which such obligation is seen as a concomitant of membership of a particular polity, where a polity provides the generic goods of order and security. Accompanying these substantive claims is a methodological thesis about the centrality of the phenomenology of ordinary moral consciousness to our understanding of the problem of political obligation. The phenomenological strategy seems modest but in some way it is far-reaching promising to dissolve some long-standing (...) problems of political theory. However, it fails at just the point at which a theory of political obligation is needed, namely when individuals question the grounds of their political obligation. A principle of obligation is needed to provide individuals with a reason for compliance with authoritative social rules when the exercise of that obligation is irksome. It is at this point that we need to invoke the idea of society as an implicit social contract, in which obligations are seen as stemming from those terms that it would be in the interests of individuals to agree in a social contract. This is consistent with the method of reflective equilibrium. (shrink)

Some meritocratic defenders of capitalism rely on the principle that cooperators should receive a share of the product commensurate with their contribution. However, such defences of capitalism fail due to a dilemma. Either they rely on an understanding of contribution that arguably will be reflected by the capital-labour split in suitably idealized capitalist economies, but cannot serve as a plausible standard of merit; or they rely on an interpretation of contribution that is a plausible standard of merit, but which won’t (...) tend to be reflected by the capital-labour split in capitalist economies. (shrink)

There is widespread agreement that the European Union is presently suffering from a lack of social justice. Yet there is significant disagreement about what the relevant injustice consists in: Federalists believe the EU can only remedy its justice deficit through the introduction of direct interpersonal transfers between people living in separate states. Intergovernmentalists believe the justice-related purpose of the EU is to enable states to cooperate fairly, and to remain internally just and democratic in the face of increased global pressure (...) on welfare states. I suggest that despite their fundamental differences, many of the most reasonable and prominent philosophical accounts of social justice in the EU nonetheless converge in their institutional prescriptions. In particular, they may each serve as a justificatory basis for introducing the European social minimum, an EU-wide income support scheme. (shrink)

Civic agriculture is characterized in the literature as complementary and embedded social and economic strategies that provide economic benefits to farmers at the same time that they ostensibly provide socio-environmental benefits to the community. This paper presents some ways in which women farmers practice civic agriculture. The data come from in-depth interviews with women practicing agriculture in Pennsylvania. Some of the strategies women farmers use to make a living from the farm have little to do with food or agricultural products, (...) but all are a product of the process of providing a living for farmers while meeting a social need in the community. Most of the women in our study also connect their business practices to their gender identity in rural and agricultural communities, and redefine successful farming in opposition to traditional views of economic rationality. (shrink)

Can global justice simply be seen as social justice writ large? According to Miller it cannot. Seen from the viewpoint of justice there are fundamental differences between the national and international sphere. Just like Nagel he strongly rejects monism. Yet unlike Nagel, Miller does not confine duties of justice to sovereign states. Different forms of human association require different principles of justice. Strangely enough, however, Miller does not replace Nagel’s dualism with a multi‐level ethical position, but with a split‐level one. (...) In this article we argue that – contrary to Miller’s own claims – his contextualist view of justice contains the necessary tools for accepting the importance of multiple contexts of justice beyond the nation‐state. Even if one is committed to seeing nation‐states as the privileged sites of social justice, there is no reason not to recognize substantial amounts of social justice above the nation‐state level. (shrink)

What does it mean to say that the demands of justice are institutional rather than individual? Justice is often thought to be directly concerned only with governmental institutions rather than individuals’ everyday, legally permissible actions. This approach has been criticized for ignoring the relevance to justice of informal social norms. This paper defends the idea that justice is distinctively institutional but rejects the primacy of governmental institutions. I argue that the ‘pervasive structure of society’ is the site of justice and (...) injustice. It includes all widely enforced social rules and norms, governmental and otherwise, such as informal norms of gender, language and class, and provides a revisionary foundation for the theoretical elucidation and practical pursuit of justice. It provides a framework for evaluating the ways in which people can and should promote justice in their everyday lives. (shrink)

Politics, Philosophy & Economics, Volume 21, Issue 2, Page 190-227, May 2022. There is a sense of fairness that is distinctive of markets. This is fairness among economic competitors, competitive fairness. We regularly make judgments of competitive fairness about market participants, public policies and institutions. However, it is not clear to what these judgments refer, or what moral significance they have. This paper offers a rational reconstruction of competitive fairness in terms of non-domination. It first identifies competitive fairness as a (...) distinctive claim, advanced within markets in turn characterized as antagonistic, instrumental and procedural. It distinguishes competitive fairness from a number of familiar ideals with which it might be confused: legitimate expectation, equality of opportunity, sporting fairness and economic efficiency. While many exponents likely assume competitive fairness can be explained in terms of one of these ideals, in each case there are significant objections to doing so. Instead, the paper argues that the most promising justification of competitive fairness is under the republican ideal of non-domination, which can reconstruct many of the intuitive judgments of competitive fairness that we make in particular cases. However, it concludes, this explanation makes it difficult for exponents to continue to emphasize competitive fairness, given diverse other risks of domination, and to other values, in markets. (shrink)

This essay reconstructs the normative core of the recent European riots, when young rebels reacted to the disregard for their civic claims to equal treatment. Referring to the available data and facts, the essay uses the example of the two biggest riots in contemporary French and British history to show that prevailing analyses only grasp certain aspects of these events: these riots were primarily neither ‘race riots’, ‘issueless riots’ nor ‘riots of defective consumers’. Nourished in particular by experiences with the (...) police and the school system in the urban districts from which the rioters recruited, rage was directed against the symbols and embodiments of a state that has failed to live up to its promise of equality. It is the everyday undermining of the principle of their equality as citizens and the physically experienced violation of minimum constitutional standards that best explain the motivations of those participating in the riots. (shrink)

Justice is a contested concept. There are many different and competing conceptions, i.e. interpretations of the concept. Different domains of justice deal with different fields of application of justice claims, such as structural justice, distributive justice, participatory justice or recognition. We present a formal conceptual structure of justice applicable to all these domains. We show that conceptions of justice can be described by specifying the following conceptual elements: the judicandum, the community of justice including claim holders and claim addressees, their (...) claims, the informational base for the assessment, the principles of justice, and on a more practical level, the instruments of justice. By specifying these conceptual elements of justice, it is possible to analyse and compare different conceptions of justice, to assess their internal consistency, to explore new definitions of justice in an analytical way, and to explicate an idea of justice in a manner that provides concrete links to the relevant context. (shrink)

While there is an extensive literature on how the precautionary principle should be interpreted and when precautions should be taken, relatively little discussion exists about the fair distribution of costs of taking precautions. We address this issue by proposing a general framework for deciding how costs of precautions should be shared, which consists of a series of default principles that are triggered according to desert, rights, and ability to pay. The framework is developed with close attention to the pragmatics of (...) how distributions will affect actual behaviours. It is intended to help decision-makers think more systematically about distributional consequences of taking precautionary measures, thereby to improve decision-making. Two case studies—one about a ban on turtle fishing in Costa Rica, and one about a deep-sea mining project in Papua New Guinea—are given to show how the framework can be applied. (shrink)

This paper argues that luck egalitarianism, especially in the guise of equality of opportunity for welfare, is in tension with the ideal of fair equality of opportunity in three ways. First, equal opportunity for welfare is compatible with a caste system in employment that is inconsistent with open competition for positions. Second, luck egalitarianism does not support hiring on the basis of qualifications. Third, amending luck egalitarianism to repair this problem requires abandoning fair access to qualifications. Insofar as luck egalitarianism (...) cannot support fair equality of opportunity, it cannot do justice to the claims of the disabled. Indeed, in the absence of fair equality of opportunity, disabled people are likely to be marginalized. (shrink)

Need-based justice is an important ingredient for a pluralistic theory of justice. But how can need-based justice be measured? I will argue that need-based justice cannot be measured by measuring need-satisfaction. This is because need-based justice does not only depend on need-satisfaction, but also on opportunities to avoid or at least mitigate undersupply. Depending on these opportunities, one and the same degree of undersupply can be unjust to different degrees. In this article, I establish a number of desiderata that a (...) measure of need-based justice has to comply with. Resulting measures treat avoidable undersupply as the main source of injustice. (shrink)

In this article I am concerned with reasoning about matters of justice. There is no doubt that justice-reasoning is a significant mode of ethical reasoning and its importance is therefore generally accepted. But there is a considerable debate concerning the role formal justice can play in reasoning about justice. In this paper, I first provide an analysis of formal justice. I then show that the concept of formal justice is identical to one notion of fairness and I illustrate the function (...) of formal justice in reasoning about issues of fairness. In the third section, I argue that formal justice is an essential component of justice tout court and I demonstrate its value for understanding and assessing reasoning about matters of justice. The overall result of this investigation is that formal justice is an important notion that has a special function in moral thinking, which has not been sufficiently appreciated in the literature. (shrink)

_GPs serve in a double role of treatment provider and expert in certain social insurance systems, such as the Norwegian one. Some physicians assert that the ethical obligations of the two roles conflict with each other. The objective of this article is to show that social insurance medical ethics, which are based on recognised principles of medical ethics, unite the physicians’ obligations associated with these roles. The method applied is a medical ethics conceptual analysis. The material consists of literature on (...) normative SIME. The study shows that SIME expands the role of the treatment provider to a wider societal context. Here, physicians should attempt to balance the perspectives of sympathy with empathy, as treatment providers, with the impartiality in their role as experts. Five principles of medical ethics are fundamental. Respect for human dignity is the overarching principle of medical ethics. The four others are nonmaleficence, beneficence, autonomy, and social justice. The article discusses two areas where it is asserted that the roles of treatment provider and expert conflict with each other: the application of beneficence and justice, and the duty of confidentiality versus the duty to provide information to the National Insurance service. The study concludes that there are no basic ethical conflicts between the two roles. The ethical problems that may arise when exercising this duality should be viewed in the same way as other ethical problems in medicine. Actual application and balancing of the principles may necessitate negotiations between patients and physicians. _ _Keywords_: dual roles, professionalism, deliberation, impartiality, medical principle ethics, values of welfare state. (shrink)

Why is it that we think today so very differently about distributive and retributive justice? Why is the notion of desert so neglected in our thinking about distributive justice, while it remains fundamental in almost every account of retributive justice? I wish to take up this relatively neglected issue, and put forth two proposals of my own, based upon the way control functions in the two spheres.

Social egalitarians hold that one fundamental requirement of the ideal of social equality is that people should stand in relations of non-domination to one another. In the light of this, they reject luck egalitarian principles of justice as incompatible with a society of equals, because the former violate the non-domination requirement. I call this the domination objection. In this paper I examine its force against Dworkinian resource egalitarianism. There are two reasons why equality of resources might be thought to be (...) vulnerable to it. First, Dworkin has been interpreted to maintain that as long as people’s preferences are authentic, people should be consequentially responsible for the choices that flow from such preferences. However, Dworkin’s view on when people’s choices should be considered to be authentic does not rule out that the latter are sometimes influenced by norms and processes that are the outcome of domination and oppression, and so holding people fully consequentially responsible for choices that are the outcome of such preferences is itself unjust. Second, equality of resources objectionably permits bad-option-luck victims to become vulnerable to domination. I argue that Dworkinian egalitarianism is not susceptible to either of the two parts of the domination objection and defend the view that it is—contrary to the social egalitarian criticism—faithful to the social egalitarian demand for non-domination. (shrink)

Joseph Heath makes a strong case that the principles of fairness or desert that arise in social interactions have at best a loose connection to economic outcomes in decentralized markets. However, there is evidence that when people are given the opportunity—say, in collective bargaining situations—they will try to alter these market outcomes in favor of their own perceptions of justice, fairness, or desert. Taxation is an important domain in which the public can alter market outcomes. This paper explores to what (...) extent desert can be used as a principle of tax policy. It analyzes tax policies that can be used to implement both individualized and categorical assessments of desert. I argue that there might be some room for tax policy at the broad, categorical level. Finally, using the Tax Cut and Jobs Act of 2017 as a case study, I explore whether merit or other bases for desert were embedded in the recent legislation. While there was evidence of attempts to implement ideas based on principles of deservingness in the legislation, they were not of the type necessary to sustain a merit-based society. (shrink)

This article aims to respond to the long-lived perceived incompatibility between care and compassion and justice in organizational literature. It is argued that principles of care and compassion and principles of justice are compatible with each other and can be integrated in organizations in such a way that both will supplement each other. Previous researches tend to view concepts of care and compassion and justice either as competing or inheriting some fundamental trade-offs. This article argues that the highlighted incompatibility between (...) care and compassion and justice is mainly due to the limited understanding about the nature of organizational justice. Care and compassion carry elements of subjectivity and are dynamic in nature, whereas literature on organizational justice has described justice as an objective, static and linear construct due to which an incompatibility between these two very important phenomena is prevailing. This incompatibility can be removed by changing the way of looking at organizational justice and by exploring its dynamic nature. (shrink)

The article argues that discrimination is bad as such when and because it undermines equality of opportunity. It shows, first, that other accounts, such as those concerning intent, efficiency, false representation, prejudice, respect and desert cannot account for the badness of discrimination as such. The inequality of opportunity account, in contrast, captures everything that is bad about discrimination. The article then addresses some counter-examples of practices that are discriminatory without arguably entailing inequality of opportunity, where the notable case is that (...) of segregation. It is further demonstrated that the account successfully handles some of the tricky aspects associated with discrimination, such as those concerning the confinement of discrimination to salient groups, discriminatees by means of financial compensation, in the selection of life partners, and the duties of employers. (shrink)

Boltanski and Thévenot constructed in their seminal work On Justification the Orders of Worth framework as a research program for further empirical and theoretical development. This article suggests two methodological additions to extend the analytical capacities of the OW framework: The Socialism OW and the analytical adequacy axiom. The polito-philosophical Socialism OW, which acknowledges ' welfare' as its mode of evaluation and the higher principle of 'solidarity' as its test, is rooted in the political philosophy of Rosanvallon. In addition to (...) the systematic justification of the canonical text, this article also offers a tabular presentation for the construction of a new OW in relation to the axioms. In the article, first, the existing OW are put under scrutiny discussing the test category of solidarity, which was added and creates an analytic overload for the Civic OW. Second, analyzing the case of the German binary statutory health system, comprising of a private and a public healthcare, the capacities of the existing OW are discussed to identify a blank spot in the OW framework for empirical analysis. Accordingly, the descriptive analysis of the German binary health system is less about how the system is justified, and much more about understanding how given OW operate within it as coordinative devices. This systematic analysis of a situation of agreements, especially of investments in forms, amends the OW use for empirical analysis of critique and justification in a situation. (shrink)

According to relational egalitarians, equality is not primarily about the distribution of some good but about people relating to one another as equals. However, compared with other theorists in political philosophy – including other egalitarians – relational egalitarians have said relatively little on what role personal responsibility should play in their theories. For example, is equality compatible with responsibility? Should economic distributions be responsibility-sensitive? This article fills this gap. I develop a relational egalitarian framework for personal responsibility and show that (...) relational equality commits us to responsibility. I develop two sets of arguments. First, I draw on relational theories of moral responsibility – particularly Strawsonian views – to show that valuable egalitarian relationships require responsibility. Second, I show why relational equality sometimes requires that economic distributions be sensitive to responsibility and choice. I also defend a seemingly paradoxical result: being committed to responsibility, relational egalitarianism not only justifies some distributive inequalities but some relational inequalities too. Overall, relational egalitarianism gives a nuanced and coherent answer as to why and how responsibility matters from within egalitarianism. That it does should be an important argument in its favour. (shrink)

Beschäftigt man sich systematisch mit der Konzeption von Gerechtigkeit für Kinder bzw. während der Kindheit, ist es hilfreich, drei verschiedene Fragen zu klären, die normalerweise in Hinblick auf Erwachsene diskutiert werden, doch auch für eine genauere Analyse der Ansprüche von Kindern relevant sind. Welche Güter sind für die Gerechtigkeitstheorie relevant? Nach welchen Prinzipien sollen diese Güter verteilt werden? Wer ist dafür verantwortlich, dass die angestrebte Güterverteilung verwirklicht wird? In dieser Einleitung umreißen wir kurz den gegenwärtigen Diskussionsstand, der in diesen drei (...) großen gerechtigkeitsrelevanten Themenfeldern hinsichtlich von Kindern besteht. Zunächst analysieren wir Ressourcen und Fähigkeiten als angemessene Metrik der Gerechtigkeit für Kinder. Hinsichtlich der Verteilungsprinzipien lassen sich vor allem egalitäre und suffizienztheoretische Herangehensweisen unterscheiden. Schließlich werden in Bezug auf die Frage nach den relevanten „Akteuren der Gerechtigkeit“ für Kinder hauptsächlich die Familie bzw. die Eltern und der Staat diskutiert. (shrink)

Need-claims are ubiquitous within moral and political theory. However, need-based theories are often criticized for being too narrow in scope and too focused on the material preconditions for leading a decent life for grounding a substantial theory of social justice. The aim of this paper is threefold. Firstly, it will investigate the nature and scope of needs by analysing existing conceptualizations of the idea of needs. In so doing, we will get a better understanding of needs, which will help us (...) to carve out the importance and singularity of basic need claims. Secondly, on the basis of the analysis of needs, it will argue for the concept of a fundamental interest in free social agency, which is much better suited than the idea of basic needs actually to ground a theory of social justice, as it highlights the social and institutional conditions for free agency. Thirdly, using the distinction between basic needs and fundamental interests, it will clarify their respective role in and importance for grounding moral principles. Overall, the paper offers a friendly critique of need-based theories, while arguing for a shift of focus to the idea of fundamental interests. (shrink)

A small set of allocation principles is said to be behind several theories of distributive justice. However, disagreement about the appropriate relationship between these notions remains, so that compromises between principles may generate more agreement. Truncated utilitarianism is a prominent candidate. It demands maximising total wealth subject to a floor level of individual wealth for all people. Based on some well-known distributive notions, we developed a questionnaire setting and confronted student respondents with corresponding allocation problems, where an exogenously given poverty (...) line served as a floor. However, support for allocations resulting from this specific interpretation of truncated utilitarianism remained rather low. This is surprising because the respective solution was close to an equal split of resources, and aspects of efficiency and responsibility were explicitly introduced to promote more general acceptance. We argue that people may either wish to see higher floor levels or are more inequality averse than probably expected. Moreover, high support for an unconditional consideration of the poverty line can be witnessed, even though aspects of responsibility, but not efficiency arguments, display an influence. In general, attitudes with respect to the equality–efficiency trade-off are found to remain heterogeneous, although different equality concerns are prominent. Furthermore, trade-offs are moderated by the responsibility principle. (shrink)

The dominant focus of thinking about economic justice is overwhelmingly distributive, that is, concerned with what people get in terms of resources and opportunities. It views work mainly negatively, as a burden or cost, or else is neutral about it, rather than seeing it as a source of meaning and fulfilment—a good in its own right. However, what we do in life has at least as much, if not more, influence on whom we become, as does what we get . (...) Thus we have good reason also to be concerned with what Paul Gomberg has termed contributive justice , that is, justice as regards what people are expected and able to contribute in terms of work. Complex, interesting work allows workers not only to develop and exercise their capacities, and gain the satisfaction from achieving the internal goods of a practice, but to gain the external goods of recognition and esteem. As Gomberg’s analysis of the concept of contributive justice in relation to equality of opportunity shows, as long as the more satisfying kinds of work are concentrated into a subset of jobs, rather than shared out among all jobs, then many workers will be denied the chance to have meaningful work and the recognition that goes with it. In this paper I examine the contributive justice argument, suggest how it can be further strengthened, arguing, inter alia, that ignoring contributive injustice tends to support legitimations of distributive inequality. (shrink)

Chief executive officers (CEOs) are typically paid great amounts of money in wages and bonuses by commercial companies. This is sometimes defended with an argument from peer comparison; roughly that “our” CEO has to be paid in accordance with what other CEOs at comparable companies get. At first glance this seems like a poor excuse for morally outrageous pay schemes and, consequently, the argument has been ignored in the previous philosophical literature. In contrast, however, this article provides a partial defence (...) of the argument from peer comparison. Moreover, it is demonstrated how a serious consideration of this argument sheds further light on both incentive- and desert-based theories of just pay. (shrink)

This paper claims that the intuitive and widespread legitimating power of majority rule (MR) arises from the link between majority rule and the principle of equality of political opportunity. The egalitarian character of MR is established by exploring “puzzles” in democratic theory, such as the insensitivity of democratic voting procedures to unequal intensity of citizens' preferences, and the relationship between the principle of unanimity (sometimes thought better to respect citizens' equality) and MR. Special attention is directed to the relationship between (...) political equality and equality in the outcomes of political decisions: The claim is made that the language of equal political opportunity captures well the idea of equal political influence, in the circumstance of disagreement about what is required to achieve equal treatment through the outcomes of political decisions. (shrink)

This critical notice provides an overview of Harry Frankfurt’s On Inequality and assesses whether Frankfurt is right to argue that equality is merely formal and empty. I counter-argue that egalitarianism, properly tweaked and circumscribed, can be defended against Frankfurt’s repudiation. After surveying the main arguments in Frankfurt’s book, I argue that whatever plausibility the ‘doctrine of sufficiency’ defended by Frankfurt may have, it does not strike a fatal blow against egalitarianism. There is nothing in egalitarianism that forbids acceptance of the (...) moral platitude expressed in sufficientarianism's positive thesis,. Nor is there anything in egalitarianism as such that makes it impossible to recognize the banal truth that there are many important things besides equality, and that many dimensions of human affairs are improperly appraised from a relational or comparative point of view. The fact that a relational or comparative point o... (shrink)

Can global justice simply be seen as social justice writ large? According to Miller it cannot. Seen from the viewpoint of justice there are fundamental differences between the national and international sphere. Just like Nagel he strongly rejects monism. Yet unlike Nagel, Miller does not confine duties of justice to sovereign states. Different forms of human association require different principles of justice. Strangely enough, however, Miller does not replace Nagel’s dualism with a multi‐level ethical position, but with a split‐level one. (...) In this article we argue that – contrary to Miller’s own claims – his contextualist view of justice contains the necessary tools for accepting the importance of multiple contexts of justice beyond the nation‐state. Even if one is committed to seeing nation‐states as the privileged sites of social justice, there is no reason not to recognize substantial amounts of social justice above the nation‐state level. (shrink)

This chapter describes a philosophical approach to theorizing justice, mapping out some main strands of the tradition leading up to contemporary political philosophy. We first briefly discuss what distinguishes a philosophical approach to justice from other possible approaches to justice, by explaining the normative focus of philosophical theories of justice – that is, a focus on questions not about how things actually are, but about how things ought to be. Next, we explain what sorts of methods philosophers use to justify (...) theories of justice. Following this, in the longest section, we highlight major questions about justice that have drawn the attention of philosophers, and indicate how competing conceptions of justice have arisen from differing answers to these questions. The goal here is not to answer but to elucidate some of the larger questions about justice, as well as to establish a framework for understanding and distinguishing different kinds of claims about justice and some of the relations between them. (shrink)

Este texto analiza la teoría del naturalismo ético de Finnis y su relevancia en la fundamentación de la ley y el derecho, con el fin de señalar cómo las ideas de este autor proporcionan una alternativa al iuspositivismo. En su obra Ley natural y derechos naturales, Finnis propone una ética de la racionalidad práctica que demuestra la posibilidad de hacer juicios objetivos sobre lo bueno y razonar sobre el bien. En este sentido, la racionalidad práctica adquiere un papel fundamental en (...) la justificación de la ley y el derecho, dado que implica decidir sobre acciones coherentes con principios morales objetivos. Con el fin de facilitar el diálogo y la comprensión de la teoría de Finnis, esta es discutida en relación con las perspectivas de Tughendhat y Habermas. (shrink)

Is it justified to hold that an agent S has a (moral) right to P if the duty-bearer is not specified? There is an intense ongoing debate on this question. There are two positions in the literature. On the one hand, O´Neill´s much-discussed account of rights holds that it is justified to say that an agent S has a right to P if and only if the duty-bearer is sufficiently determined – i.e. if and only if it is clear against (...) whom S may claim her right to P (O’Neill 1986, 1988, 1996, 2000, 2005, 2016). Call this, the ‘claimability condition’. On the other hand, interest-based theorists argue that it can be justified to say that an agent S has a right to P even if the duty-bearer is not sufficiently determined (Caney 2007; Griffin, 2008; Raz 1988; Tasioulas 2007; see also: Etinson, 2013; Ypi 2010). Who (if anyone) is correct in this fundamental discussion about the very nature of rights? In this paper, I provide an answer to this crucial question. Neither O´Neill nor interest-based theorists provide good reasons to justify their positions. However, I argue, the claimability condition is an existence condition of rights justified on the basis of their action-guiding character. The reason is that if the duty-bearer is not specified, the content of the right (its correlative obligation) does not sufficiently guide what the agent should do because it is indeterminate who is required to act (or refrain from acting). (shrink)

Conceptions of desert and responsibility have had a powerful influence in justifying economic inequality. Currently, they are being reaffirmed in policies advocated by the centre left in Britain. In contrast, luck egalitarianism, one of the dominant theoretical positions in contemporary political philosophy, puts equality at the top of the agenda and notoriously undermines traditional notions of desert and rejects the conception of personal responsibility on which traditional ideas rely. Although luck egalitarians are sceptical about desert and redefine responsibility to reduce (...) its role in arguments for just distribution, they nevertheless retain a commitment to holding people responsible for the distributive consequences of what they freely choose to do. They attempt to demonstrate that equality can be reconciled with responsibility. I will argue that luck egalitarians have not gone far enough in eliminating desert and responsibility from the armoury of social justice, and that their own arguments should have led them to do so. My aim in this article is to push the ideas implicit in luck egalitarian's arguments to their logical conclusion. I argue that for practical and conceptual reasons, they should have formulated their theories as though hard determinism is true, or nearly true, even if it is not. Denying the pertinence of judgements of desert and responsibility to questions of distributive justice removes an obstacle to egalitarian aims by suggesting a more egalitarian distribution than one that is hostage to voluntary choice. It could be accepted that luck egalitarianism cannot accommodate the concept of personal responsibility without accepting the conclusion that considerations of responsibility should be abandoned. However, any plausible account of responsibility would demonstrate that existing inequalities are undeserved, and that these inequalities make a mockery of politicans current emphasis on personal responsibility. (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)

From the day on which humans are born they need things. Some of these needs seem “basic,” such as our needs for food, water or shelter. Everybody has these needs. We cannot escape them. We also cannot escape the serious harm that arises when these needs remain unsatisfied. It is thus no wonder that in thinking about what we ought to do some researchers have suggested to first and foremost focus on people's basic needs. Such need‐based theories must answer three (...) main questions: What are basic needs? What are their implications for normative questions? And how can these needs and their satisfaction be measured? Proponents must also defend these theories against objections, such as against the objections that the theories are paternalistic, materialistic, and passivity‐promoting. Depending on their goals and contexts (distributive justice, sustainable development, human rights, etc.), appeals to basic needs may take various different forms. (shrink)