Rawls ‘s political liberalism abandons the traditional political‐theory objective of providing a philosophical account of liberal democracy. However, Rawls also aims for a liberal political order endorsed by citizens on grounds deeper than what he calls a “modus vivendi” compromise; he contends that a liberal political order based upon a modus vivendi is unstable. The aspiration for a pluralist and “freestanding” liberalism is at odds with the goal of a liberalism endorsed as something deeper than a modus vivendi compromise among (...) competing comprehensive doctrines. A liberalism that is supported “for its own sake” rather than as a compromise must necessarily be based on some conception of the good, of the sort that political liberalism eschews. (shrink)

I argue that, If one adopts a minimal naturalism (of a kind rejected by moore, Hare, "et al".), One would adopt a methodology which yields conclusions identical to that yielded by intuitionistic methodology (of a kind employed by ross, Prichard, "et al".). I dilate upon the advantages which thus accrue to each theory, And I defend my minimal naturalism against a variety of objections.

Some claim that liberalism’s neutrality toward the Good encourages anomie, thereby disallowing social confirmation of beliefs, leaving the individual with an uncertainty about judgments that is opposed to confidence and self-respect. This is the “anomie challenge.” I begin by discussing toleration and neutrality and motivating the problem. I then look at responses to the challenge by liberal pluralists and liberalism’s critics. After dismissing both, I argue that the right to choose is the good to be advocated and that it allows (...) for supportive, but voluntary, social structures. I conclude that liberalism better supports self-respect than the alternatives. (shrink)

Recent defenses of same-sex marriage and polygamy have invoked the liberal doctrines of neutrality and public reason. Such reasoning is generally sound but does not go far enough. This paper traces the full implications of political liberalism for marriage. I argue that the constraints of public reason, applied to marriage law, entail ‘minimal marriage’, the most extensive set of state-determined restrictions on marriage compatible with political liberalism. Minimal marriage sets no principled restrictions on the sex or number of spouses and (...) the nature and purpose of their caring relationships, nor on which marital rights are exchanged, and whether they are exchanged reciprocally or asymmetrically. Minimal marriage supports adult care networks, urban tribes, friendships, and other forms of relationships as well as ‘traditional’ marriages. I provide a publically justifiable rationale for a legal framework supporting non-dependent caring relationships between adults. The argument is that caring relationships are primary goods, and that liberal justice accordingly requires legal frameworks supporting caring relationships. Minimal marriage is one such framework. (shrink)

It seems we have some obligation to aid some others, but it's unclear why, to whom, and to what extent. Many consequentialists claim that we are obligated to help everyone to the marginal utility point but they do so without examining why we are obligated to aid others at all. I argue that we must investigate the basis of our duty to aid others in order to determine the nature and extent of our obligation. Although some consequentialists, notably, Kagan, Singer (...) and Unger, present arguments intended to justify some of consequentialism's most counter-intuitive demands, they take the less counter-intuitive demands for granted and justify the steeper demands on the basis of their relevant similarity to the more palatable ones. The result of this strategy is that many of consequentialism's steeper demands free-ride on a superficial similarity with less taxing demands. This allows consequentialism to broaden our obligations beyond the reach of justification. I examine three possible explanations of our duty to aid others, namely, intuition, fairness and self-interest, and argue that none of them justify consequentialism's runaway demands. (shrink)

The approach to generative grammar originating with Chomsky (1957) has been enormously successful within linguistics. Seeing such success, one wonders whether a similar approach might help us understand other human domains besides language. One such domain is morality. Could there be universal generative moral grammar? More specifically, might it be useful to moral theory to develop an explicit generative account of parts of particular moralities in the way it has proved useful to linguistics to produce generative grammars for parts of (...) particular languages? Should moral theorists attempt to develop a theory of moral universals that is analogous to the theory of universal grammar in linguistics? Can moral theorists develop a “principles and parameters” account of possible moralities inspired by the principles and parameters approach to language in current linguistics? Could there be a “minimalist” program for moral theory inspired by the minimalist program in linguistics? In this chapter we offer a preliminary account of some analogies, focusing on clarifying issues, making distinctions, and considering how—in a general way—such analogies might yield a fruitful research program for moral theory. There are two main parts to our discussion, one focusing on an analogy between generative grammar and moral theory, the other focusing on analogies between universal grammar and theories of moral universals. In the first part, we say a little about the background and say how we are going to understand morality and moral theory. We describe certain aspects of generative grammar and how claims about generative grammars are tested, allowing for a distinction between “competence” and “performance”. We then try to say what a corresponding “generative moral grammar” would be and how it would be tested. We next discuss a number of objections to the analogy between moral theory and generative grammar and indicate possible responses. In the second part, we discuss certain universal constraints on grammars and consider whether there might be similar constraints on moralities. Then we discuss how linguists describe core aspects of languages in terms of principles and parameters and consider what aspects of moralities might be described in similar terms. After that we make some brief remarks about minimalism. (shrink)

The aim of the present paper is to offer an interpretation of the Rawlsian original position coherent with its own theory of justice. An evaluation of the aforementioned mechanism is presented. Afterwards, in light of it, a solution of the existing overlapping between its elements is offered. The solution is to consider the formal constraints as «partial conclusions», excluding them from the original position. The original position, as an «intermediate stage» aimed at representing the philosophical foundations of Rawls's theory in (...) a way that could provide the deduction of the principles of justice, cannot include straightforwardly any characteristic of those principles, not even the formal ones. The remainder of the elements of the original position (the idea of a contract, the circumstances of justice, the veil of ignorance and the rationality of the parties), acting conjointly, allow for the deduction of the formal constraints themselves. In addition, they also engender the same effects on the exclusion of egoism as a proposal of principles of justice. (shrink)

Why is someone enduringly prized as a philosopher? To answer this question, this historical case study examines the intersecting careers of John Rawls and R. M. Hare. It looks at their writings, a complex chain of disagreements, the argumentative dimension. The essay moreover explores the clash of differing temperaments. Finally, themes in addition to ratiocination and personality are factored in: the leanings of the institutions that control access to intellectual endeavor; the public square—politics widely conceived—into which the two men were (...) thrown; and the cultural rivalry between England and America after World War Two. (shrink)

Recently it has been proposed that humans possess an innate, domain-specific moral faculty, and that this faculty might be fruitfully understood by drawing a close analogy with nativist theories in linguistics. This Linguistic Analogy hypothesizes that humans share a universal moral grammar. In this paper I argue that this conception is deeply flawed. After profiling a recent and appealing account of universal moral grammar, I suggest that recent empirical findings reveal a significant flaw, which takes the form of a dilemma: (...) either there is something wrong with the moral grammar model because we do not actually possess the innate contents it says we have, or the moral grammar model is simply the wrong model of moral cognition. In light of this dilemma, I conclude we ought to be skeptical that the Linguistic Analogy can adequately serve as a general account of moral cognition. (shrink)

This thesis explores the relationship between the capability approach to justice and liberal philosophy. I argue that the most compelling articulation of the capability approach—one given by Martha Nussbaum—suffers from an unattractive kind of inconsistency. On the one hand, Nussbaum is committed to formulating a robust account of a dignified human life which can give rise to a range of individual entitlements which ought to be guaranteed to all individuals. On the other hand, Nussbaum is committed to political liberalism which (...) requires state institutions to uphold strict neutrality between a variety of reasonable conceptions of the good. Nussbaum’s first commitment results in the formulation of a list of ten central human capabilities. However, I argue that the content and justification of this list cannot be successfully established in a way that is consistent with Nussbaum’s second commitment. Therefore, in this thesis, I propose a novel capability approach: a two-step approach which consists of two principles arranged in lexical priority. First, governments have a moral obligation to secure individuals with a meta-capability of autonomy. That is to say, governments must provide the conditions which are conducive to individuals exercising a range of agentic competencies which are constitutive of autonomous judgement. Second, governments have a moral obligation to provide opportunities for individuals to exercise this meta-capability in six domains of well-being: health, politics, knowledge, relationships, self-expression, and work. I argue that exercising autonomous choice in the pursuit of welfare is necessary for a good life, regardless of the specific choices individuals eventually make, and even if they choose to forgo some supposedly valuable choices altogether. My proposal has two striking features which set it apart from other articulations of the capability approach. First, my proposal is comprehensive in that it relies on a particular view about what is a valuable way of life. In my view, a way of life is valuable if it is pursued autonomously, that is to say, if it involves an individual exercising a set of agentic competencies and standing in appropriate relations with other people. And second, by virtue of being based in this particular comprehensive claim, my account of justice is anti-perfectionist. That is to say, my proposal does not aim to compel people to make valuable choices. Rather, it aims to equip people with the means to live the kind of life they find valuable and worth living. I then apply this capability approach to the domain of education, and I argue it can be useful in formulating an ambitious and transformative approach to education. In particular, I develop a program of civic education aimed at responding to the problems associated with disinformation and ‘post-truth’ trends in politics. (shrink)

Este trabalho expõe e discute alguns aspectos do liberalismo igualitário. Depois de apresentar alguns aspectos essenciais de sua formulação em Rawls, e da crítica de esquerda normalmente feita contra ele, mostra-se que o verdadeiro primeiro princípio da justiça como equidade de Rawls não é o princípio das liberdades iguais, e que, dentre duas interpretações do princípio da diferença, frouxamente e rigorosamente igualitária, apenas a segunda é compatível com o liberalismo de Rawls.

This thesis defends John Rawls’s constructivist theory of justice against three distinct challenges. -/- Part one addresses G. A. Cohen’s claim that Rawls’s constructivism is committed to a mistaken thesis about the relationship between facts and principles. It argues that Rawls’s constructivist procedure embodies substantial moral commitments, and offers an intra-normative reduction rather than a metaethical account. Rawls’s claims about the role of facts in moral theorizing in A Theory of Justice should be interpreted as suggesting that some of our (...) moral beliefs, which we are inclined to hold without reference to facts, are, in fact, true, because certain facts obtain. This thesis and the acknowledgement of the moral assumptions of Rawls’s constructivism help to show that Rawls does not, and does not need to, deny Cohen’s thesis. -/- Part two defends the characterization of the decision problem in Rawls’s original position as a decision problem under uncertainty. Rawls stipulates that the denizens of the original position lack information that they could use to arrive at estimates of the likelihood of ending up in any given social position. It has been argued that Rawls does not have good grounds for this stipulation. I argue that given the nature of the value function we should attribute to the denizens of the original position and our cognitive limitations, which also apply to the denizens of the original position, their decision problem can be characterized as one under uncertainty even if we stipulate that they know that they have an equal chance of being in any individual’s place. -/- Part three assesses the claim that a true commitment to Rawls’s difference principle requires a further commitment to an egalitarian ethos. This egalitarian ethos is offered as a means to bring about equality and Pareto-optimality. Accordingly, I try to undermine the case for an egalitarian ethos by challenging the desirability of the ends it is supposed to further or by showing that it is redundant. I argue that if primary goods are the metric of justice, then Pareto optimality in the space of the metric of justice is undesirable. I then argue that if the metric of justice is welfare, depending on the theory of welfare we adopt, an egalitarian ethos will either be redundant or will have objectionably paternalistic consequences. (shrink)

John Rawls argues that the Difference Principle would be chosen by parties trying to advance their individual interests behind the Veil of Ignorance. Behind this veil, the parties do not know who they are and they are unable to assign or estimate probabilities to their turning out to be any particular person in society. Much discussion of Rawls’s argument concerns whether he can plausibly rule out the parties’ having access to probabilities about who they are. Nevertheless, I argue that, even (...) if the parties lacked access to probabilities about who they are in society, they would still reject the Difference Principle. I argue that there are cases where it is still clear to the parties that it is not in any of their individual interests that the Difference Principle is adopted. (shrink)

Exploramos aquí la conexión entre los conceptos de riesgo e igualdad en el argumento del observador imparcial. La concepción de la justicia que elegiría un observador imparcial se justifica por la pureza del procedimiento de elección. Sin embargo, si modelizamos esta decisión utilizando medidas del riesgo habituales en matemática financiera, veremos cómo el criterio de elección del observador bajo el velo de la ignorancia contiene una preferencia implícita por el grado de desigualdad resultante. Esto nos obliga a reconsiderar la pureza (...) procedimental de la elección. (shrink)

The aim of this paper is to evaluate the reflective equilibrium between the acknowledgment of the right to end one’s life and the Rawlsian idea of freedom. This article evaluates the possibility of a self-destructive exercise of freedom. It is asserted that this kind of exercise is inconsistent with the highest order interest in freedom. Allowing the self-destructive practice of freedom jeopardizes the Rawlsian foundation of the priority of liberty, a crucial aspect of the justice as fairness. || -/- El (...) presente artículo tiene como objetivo evaluar el equilibrio reflexivo entre el reconocimiento al derecho a disponer de la propia vida y la idea rawlsiana de libertad. Se considera la posibilidad de llevar a cabo un ejercicio autodestructivo de la libertad. Se defiende que este tipo de ejercicios son contrarios al interés de orden supremo en ejercer la libertad. Permitir la práctica autodestructiva de la libertad pone en riesgo la fundamentación rawlsiana de la prioridad de la libertad, un elemento central de la justice as fairness. (shrink)

G.A. Cohen’s critique of the Rawlsian difference principle points out an inconsistency in its presentation. The initial equality decided by the participants in the original position under the veil of ignorance is not preserved by the inequality sanctioned by the difference principle. Cohen shows how the breakdown of the initial equality of the original position prevents the desired results of the Rawlsian system from being realized. Cohen argues that an egalitarian ethos is required within a society for equality preserving economic (...) distributions and Pareto superior outcomes to occur. Nonetheless, Cohen’s analysis of Rawls misses the ultimate cause of inequality, which is the dynamics of capital accumulation. An egalitarian ethos is only possible if there is a socialist mode of production to facilitate its development. Additionally, Cohen’s critique of Rawlsian constructivism through an argument for intuitionism does not address the natural-material existence of human beings. This existence must be considered for any advantageous social formation. (shrink)

John Rawls’ “reflective equilibrium” ranges amongst the most popular conceptions in contemporary ethics when it comes to the basic methodological question of how to justify and trade off different normative positions and attitudes. Even where Rawls’ specific contractualist account is not adhered to, “reflective equilibrium” is readily adopted as the guiding idea of coherentist approaches, seeking moral justification not in a purely deductive or inductive manner, but in some balancing procedure that will eventually procure a stable adjustment of relevant doctrines (...) and standpoints. However, it appears that the widespread use of this idea has led to some considerable deviations from its meaning within Rawls’ original framework and to a critical loss of conceptual cogency as an ethico-hermeneutical tool. This contribution identifies three kinds of “balancing” constellations that are frequently, but inadequately brought forth under the heading of Rawlsian “reflective equilibrium”: (a) balancing theoretical accounts against intuitive convictions; (b) balancing general principles against particular judgements; (c) balancing opposite ethical conceptions or divergent moral statements, respectively. It is argued that each of these applications departs from Rawls’ original construction of “reflective equilibrium” and also deprives the idea of its reliability in clarifying and weighing moral stances. (shrink)

A careful, theoretical clarification of gender roles has only recently begun in social and political philosophy. It is the aim of the following piece to reveal that an analysis of women’s traditional position - her distinctive activities, labor and surrounding sense of ‘mine’ - can not only make valuable contributions towards clarifying traditional property disputes, but may even provide elements for a new conception of ownership. By way of illustration, the article focusses on the influential work of John Rawls and (...) argues that - when Rawls’s own analysis and principles of justice are supplemented by an account of what is here called ‘reproductive labor’ - his theory in fact tends to a form of democratic socialism. Stated somewhat differently, my aim is to shift the terms of the property debate as posed by Rawls fromwithinhis own position. I hope to show that the real ownership question which now emerges is no longerwhether‘justice as fairness’ countenances a private property or socialist form of democracy, but what preciseformsuch a socialism should take. (shrink)

Perhaps the most salient feature of Rawls's theory of justice which at once attracts supporters and repels critics is its apparent egalitarian conclusion as to how economic goods are to be distributed. Indeed, many of Rawls's sympathizers may find this result intuitively appealing, and regard it as Rawls's enduring contribution to the topic of economic justice, despite technical deficiencies in Rawls's contractarian, decision-theoretic argument for it which occupy the bulk of the critical literature. Rawls himself, having proposed a “coherence” theory (...) of justification in metaethics, must regard the claim that his distributive criterion “is a strongly egalitarian conception” as independently a part of the overarching moral argument. The alleged egalitarian impact of Rawls's theory is crucial again in normative ethics where Rawls is thought to have developed a major counter-theory to utilitarianism, one of the most popular criticisms of which has been its alleged inadequacy in handling questions of distributive justice. Utilitarians can argue, however, as Brandt recently has, that the diminishing marginal utility of money, along with ignorance of income-welfare curves, would require a utility-maximizing distribution to be substantially egalitarian. The challenge is therefore for Rawls to show that his theory yields an ethically preferable degree of equality. (shrink)

Intuitionism is most commonly defined in terms of various strong epistemological and metaphysical presuppositions, e.g., that true moral principles are synthetic a priori propositions, known by some special faculty of moral reflection, and the like. I shall not here be concerned with such views. Rather my focus will be upon the program for normative investigation which I have elsewhere argued is implicit in the intuitionists’ writings and which I take to be intuitionism's salient characteristic.

This article examines the relevance and value of Confucian Ethics to contemporary Business Ethics by comparing their respective perspectives and approaches towards business activities within the modern capitalist framework, the principle of reciprocity and the concept of human virtues. Confucian Ethics provides interesting parallels with contemporary Western-oriented Business Ethics. At the same, it diverges from contemporary Business Ethics in some significant ways. Upon an examination of philosophical texts as well as empirical studies, it is argued that Confucian Ethics is able (...) to provide some unique philosophical and intellectual perspectives in order to forge a richer understanding and analysis of the field of contemporary Business Ethics. (shrink)

T. M. Scanlon’s contractualism is a meta-ethical theory that explains moral motivation and also provides a conception of how to carry out moral deliberation. It supports non-consequentialism – the theory that both consequences and deontological considerations are morally significant in moral deliberation. Regarding the issue of punishment, non-consequentialism allows us to take account of the need for deterrence as well as principles of fairness, justice, and even desert. Moreover, Scanlonian contractualism accounts for permissibility in terms of justifiability: An act is (...) permissible if and only if it can be justified to everyone affected by it. This contractualist thesis explains why it is always impermissible to frame an innocent person, why vicarious punishment is impermissible, and why there has to be a cap on sentences. Contractualism therefore allows us to take deterrence as a goal of punishment without the excess of utilitarianism. This paper further argue that the resulting view is superior to pure retributivism. Finally, it shows why legal excuses and mitigation can be justified in terms of the notion of negative desert. (For access to this paper: http://www.tandfonline.com/eprint/sJ2JBVXkztyFMGmxS7tS/full ) . (shrink)

In contemporary debates about justice, political philosophers take themselves to be engaged with a subject that’s narrower than the whole of morality. Many contemporary liberals, notably John Rawls, understand this narrowness in terms of context specificity. On their view, justice is the part of morality that applies to the context of a society’s institutions, but only has indirect application to the context of citizens’ personal lives. In contrast, many value pluralists, notably G.A. Cohen, understand justice’s narrowness in terms of singularity (...) against a plural background. On their view, justice is one fundamental value amongst a plurality of fundamental values. The purpose of my thesis is to establish that the pluralist conception of justice’s narrowness is theoretically significant and true. To establish its theoretical significance, I argue that proper attention to the ways in which different understandings of narrowness inform the work of contemporary egalitarians explains a considerable amount of disagreement between them concerning the content and scope of distributive justice. On the one hand, I’ll argue that if we understand justice’s narrowness in the manner Cohen and other pluralists do, i.e., understand a conception of justice to be a conception of a particular fundamental value, then both luck-egalitarianism and the claim that justice extends to the personal context are compelling. On the other hand, I’ll argue that if we understand justice’s narrowness in a contextual manner, i.e., understand justice to comprise one or more all-things-considered principles adopted for the institutional context, then both luck-egalitarianism and the claim that justice extends to the personal context prove implausible. To establish the truth of the pluralist conception of narrowness, I argue first, that the contextual understanding is only plausible if fairness should be understood procedurally instead of substantively; and second, that substantive fairness cannot be eliminated, as specifying the content of procedural fairness requires a substantive criterion. The upshot is that justice’s narrowness is best understood in terms of singularity against a plural background, rather than in terms of context specificity. (shrink)

The constitutionalist debate - over where decision-making power in society should lie, and how it should be exercised - is one which is of fundamental importance not only in academia and constitutional theory, but in society generally. The main aim of this thesis is to critically examine the current debate from a particular, sceptical philosophical perspective - one which questions the possibility of convincingly defending moral premises. This controversial perspective, which goes to the heart of debates over moral realism, objectivity, (...) and epistemology is set out and defended in detail, drawing on the work of the sceptical and strongly anti-foundationalist legal theorist, Arthur Leff, and the pragmatic philosophy of Richard Rorty. Some implications of this perspective for the constitutionalist debate and key approaches within it are then considered in the rest of the thesis . This examination includes instrumentalist arguments and "democratic" arguments often relied on by various sides in the debate. It is argued that, when taken to their underlying premises and assumptions, each approach is misguided from the perspective defended here and, therefore, that the current constitutionalist debate is unsatisfactory. Some suggestions of the way forward following this argument are then made. (shrink)

Intuitionism has for many years been a poor relation among the various metaethical theories, commonly thought both parochial and irrational. Most recent writers who attempt a survey of ethical theory mention it briefly in an embarrassed sort of way, and then dismiss it in a paragraph or two. John Rawls, however, does not share this common attitude. In his recent book he represents his own theory as being an alternative both to intuitionism and to utilitarianism, and it is apparent from (...) his discussion that he takes both of these latter theories seriously, as having substantial attraction to reasonable men. Those sympathetic to intuitionism have no doubt been cheered by Rawls’ respectful treatment; but they are likely also to have been dismayed by the fact that, because he focuses upon a somewhat unusual understanding of it, he does not make clear how his theory stands in relation to intuitionism in its most general form, nor whether there are varieties of intuitionism consistent with the whole of his theory or at least with important parts of it. I shall try to answer these questions here. (shrink)

The comparison between the concept state of nature, as it appears in the contractualist theories of XVII and XVIII centuries, and the original position of the the- ory of justice by John Rawls, reveals the assumptions, difficulties and limitations of the latter. In spite of its claims, the original position does not justify the search and existence of a well ordered society, and it is far away from reach the brightness and coherence with which their predecessors argued on behalf of (...) societies where safety, freedom or equality ruled. Besides, Rawls, on amounting justice to a material welfare which must arrive, does not know the important role that the historical memory plays when claiming the resolution of the injustices from the pastLa comparación entre el concepto de estado de naturaleza, tal y como aparece en las teorías contractualistas de los siglos XVII y XVIII, y la posición original de la teoría de la justicia de John Rawls, sirve para poner de manifiesto los supuestos, dificultades y limitaciones de esta última. A pesar de sus pretensiones, la posición original no justifica la búsqueda y existencia de una sociedad bien ordenada, y está lejos de alcanzar la brillantez y coherencia con la que sus antecesores argumentaron a favor de sociedades donde reinara la seguridad, la libertad o la igualdad. Además, Rawls, al reducir la justicia a un bienestar material que ha de llegar, desconoce el importante papel que la memoria histórica desempeña a la hora de reclamar la resolución de las injusticias del pasado. (shrink)

This essay argues that a liberalism that avoids legal moralism – that is neutral between rival conceptions of the good – cannot embrace intervention in commercial transactions, but is thereby precluded neither from identifying some such transactions as exploitative nor from redressing them by other means.

Educational practices which reinforce cultural diversity are often commended in the name of pluralism, though such practices may be condemned on the same grounds if they are seen as a threat to the fragile sense of political unity which holds a pluralistic society together. Therefore, the educational implications of pluralism as an ideal are often ambiguous, and the ambiguity cannot be resolved in the absence of a clear understanding of the particular civic virtues which a pluralistic society should engender. Two (...) influential conceptions of civic education which purport to affirm the ideal of pluralism are examined and both are found wanting. Liberal political theory proclaims the paramount importance of justice in public life, and justice can be construed in a way that accomodates diversity. However, the kind of civic education which liberalism entails does too little to restrain the centrifugal forces latent in cultural diversity. Communitarian political theory exalts civic friendship as the supreme public virtue, but the civic education it supports is compatible with only a highly attenuated cultural diversity. A third alternative is canvassed which combines the liberal stress on justice with a conception of patriotism distinct from civic friendship. The implications of this alternative for disputes about bias in public schools are briefly discussed. (shrink)

This article argues that the decision problem in the original position should be characterized as a decision problem under uncertainty even when it is assumed that the denizens of the original position know that they have an equal chance of ending up in any given individual’s place. It supports this claim by arguing that (a) the continuity axiom of decision theory does not hold between all of the outcomes the denizens of the original position face and that (b) neither us (...) nor the denizens of the original position can know the exact point at which discontinuity sets in, because the language we employ in comparing different outcomes is ineradicably vague. It is also argued that the account underlying (b) can help proponents of superiority in value theory defend their view against arguments offered by Norcross and Griffin. (shrink)

It is not uncommon for contemporary moral philosophers to appeal, in support or in criticism of one moral theory or another, to supposed features of or facts about persons. Rawls, for example, maintains that ‘utilitarianism does not take seriously the distinction between persons,’ and that since ‘the correct regulative principle for anything depends on the nature of that thing,’ we should not expect utilitarianism to be the correct regulative scheme for human beings. Nozick, in a similar spirit, suggests that the (...) deontological restrictions he calls ‘side constraints’ are desirable components of a moral conception because, without them, a moral scheme is unable to ‘sufficiently respect and take account of the fact that … [each individual] is a separate person,’ unable to take account of the fact that, with respect to each individual, ‘his is the only life he has.’ And Williams, to cite still another example, suggests that utilitarianism is a defective moral theory because ‘it cannot coherently describe the relations between a man's projects and his actions.'. (shrink)

Abstract:The organization is importantly different from both the nation-state and the individual and hence needs its own ethical models and theories, distinct from political and moral theory. To develop a case for organizational ethics, this paper advances arguments in three directions. First, it highlights the growing role of organizations and their distinctive attributes. Second, it illuminates the incongruities between organizations and moral and political philosophy. Third, it takes these incongruities, as well as organizations’ distinctive attributes, as a starting point for (...) suggesting an agenda for an ethics of organizations. (shrink)

This article argues that Honneth’s ‘plural conception of justice’, founded on a theory of recognition, does not succeed in distancing itself from Rawls’ liberal theory of justice. The article develops its argument by evaluating three major objections to Rawls’ liberalism raised by Honneth in his recent articles on justice: namely, first, that the parties responsible for choosing principles of justice are too individualistic and their practical reasoning too instrumentalist; second, that by taking as its ‘object-domain’ the negative liberty of persons, (...) Rawls’ theory fails to promote the actual realization of liberty; and finally, that Rawls’ method of principle justification undermines the ‘priority’ of its Kantian ‘formality’ by presupposing a substantive commitment to a conception of individual good. Arguing that Honneth’s interpretation of Rawls’ theory contains important errors, the article concludes that both theories share the basic intention of securing for all citizens the material and institutional conditions for the actualization of otherwise merely formal liberties or, in Honneth’s terms, mutual self-realization. (shrink)

John Rawls's A Theory of Justice is an extremely long and elaborate work. But despite the length and the elaboration there is at the heart of the work a crucial set of unargued assumptions which need to be challenged. When this is done we are in a position to provide additional support for the critical conclusions of several other commentators who concentrate on other features of Rawls's system.

The prelims comprise: Theories of Justice Political Liberalism and its Critics Notes Bibliography.

This article examines the relevance and value of Confucian Ethics to contemporary Business Ethics by comparing their respective perspectives and approaches towards business activities within the modern capitalist framework, the principle of reciprocity and the concept of human virtues. Confucian Ethics provides interesting parallels with contemporary Western-oriented Business Ethics. At the same, it diverges from contemporary Business Ethics in some significant ways. Upon an examination of philosophical texts as well as empirical studies, it is argued that Confucian Ethics is able (...) to provide some unique philosophical and intellectual perspectives in order to forge a richer understanding and analysis of the field of contemporary Business Ethics. (shrink)

In any complex human society, distinct persons may have strikingly different standards of living. Those who lead the most undesirable, poorest lives in society can be called the worst off. Given that we almost always do not want to be, but some have to be, the worst off, we may want to find a right way to treat the worst off. In the West, John Rawls has proposed a conception of justice as fairness, and in the East, Confucius and Mencius (...) have developed conceptions of ren and yi partly in order to deal with social injustice in the distribution of benefits and the problem of the worst off. Their conceptions and proposed solutions provide valuable ideas, which through comparison may be better assessed and then employed, or even combined, to address the problem. In this essay, I try to examine and compare their conceptions of distributive justice and the worst off, and then expound their suggested solutions to the problem and propose a provisional answer on the basis of those ideas. (shrink)

Are principles of criminal justice derived from a broader conception of justice, or does criminal justice involve some of its own distinctive principles such that it is not—for example—an aspect of...

Calling Kant a liberal philosopher requires important qualifications. Much like his theoretical philosophy, his political transcendentalism was and remains a great enterprise of navigating between the extremes of liberalism and conservatism, of balancing the “empirical” and the “pure” in human society, as well as in human mind. Of all the attempts to enlist Kant among the classics of liberalism, John Rawls’ is the most impressive and thorough. However, it is hardly a success. The reason for this lies in a profound (...) difference in their answering the fundamental question “What is Man?”. This paper is an attempt to revise the debate about the extent of Rawls’ Kantianism and to compare the meanings of basic concepts of what could be called “pure political anthropology” in Kant and in Rawls. (shrink)

En el presente trabajo sostengo que los argumentos específicos desarrollados por John Rawls para justificar la adopción de un estándar de bienes sociales primarios no logran su cometido. En primer lugar, presento y critico los argumentos rawlsianos relacionados con intuiciones antidiscriminatorias y con el hecho del pluralismo razonable. Asimismo, caracterizo y critico las ideas rawlsianas concernientes al alcance del concepto de equidad, así como el argumento de los gustos caros y de la responsabilidad por los fines. Estimo que ellos no (...) logran justificar el distribuendum recursivista de bienes sociales primarios. En cambio, entiendo que tales consideraciones brindan apoyo a un estándar bienestarista. Ello se debe a que un estándar welfarista enfrenta exitosamente las dificultades que Rawls menciona para favorecer el estándar recursivista de bienes sociales primarios. In the present paper I argue that the specific arguments developed by John Rawls to justify the standard of social primary goods do not succeed. In the first place I develop and criticize the Rawlsian arguments grounded in antidiscriminatory intuitions and the fact of reasonable pluralism. I also characterize and criticize Rawls's ideas concerning the scope of the concept of fairness as well as his argument concerning extensive tastes and responsibility for ends. I believe that they do not justify a resourcist distribuendum. On the contrary, I argue that such considerations support a welfarist standard. The reason is that a welfarist standard successfully deals with the difficulties Rawls mentions in favoring the resourcist standard of social primary goods. (shrink)