This paper mounts a partial defense of the basic structure objection to the egalitarian criticism of productive incentives. The defense is based on the claim that some duties of justice are subject to a reciprocity condition. The paper develops this position via an examination of the debate between Andrew Williams and G. A. Cohen on publicity and incentives. Reciprocity is an intrinsic feature of a relational conception of social justice, not simply a requirement of stability. Not all duties are conditional (...) on reciprocity because some duties are owed to third parties, as well as to their primary targets. Some forms of exploitation may be unconditionally wrong, but not the specific kind of exploitation at stake when talented individuals accept market wages. (shrink)

En este artículo defiendo que la concepción rawlsiana de la justicia distributiva va más allá de los márgenes de la justicia asignativa y que esta presenta buenos argumentos para hacer frente a las demandas de reconocimiento. Para alcanzar este objetivo, en primer lugar muestro que algunos críticos del paradigma liberal distributivo malinterpretan la concepción de la justicia distributiva elaborada por Rawls y reducen su finalidad a un mero reparto de bienes. Al hacer lo anterior, ellos no logran comprender la dimensión (...) moral de la propuesta rawlsiana, propuesta firmemente asentada en la idea de reconocimiento. En segundo lugar, analizo la relevancia que tienen las nociones de reconocimiento recíproco y autorrespeto en la teoría de la justicia de Rawls, para finalmente mostrar cómo a partir de ellas se puede reinterpretar la finalidad de la justicia distributiva e incluir las demandas de reconocimiento. (shrink)

This chapter serves as an introduction to the collected volume. In the first section, we aim to provide background on important themes in social egalitarianism and to set the context for understanding which significant questions the chapters in this book pose and attempt to answer. In this section we focus especially on what could be said to characterize socially egalitarian relationships, on which relationships are of concern, and on what might make social egalitarianism distinct. In the second section, we provide (...) a brief explanation of the structure of the book and each of its chapters. (shrink)

I argue that a commitment to liberal neutrality, and an opposition to coercion, means that we ought to support a redistributive state in which wealth, insofar as it is instrumental in allowing us to pursue our ends, is equalised. This is due to the fact that any conception of justice and desert works in favour of some, but against others, and that those who lose out by any particular conception are likely not to consent to it (meaning that its imposition (...) is coercive). As having some understanding of justice and desert is inescapable in a society, coercion is unavoidable. However, those who are harmed by the imposition of a certain conception of justice and desert deserve compensation for their foregone position in the alternate conceptions in which they would be better off. This compensation is owed by those who have benefitted from the existing conception of justice and desert. (shrink)

With the publication of A Theory of Justice in 1971, John Rawls not only rejuvenated contemporary political philosophy but also defended a Kantian form of Enlightenment liberalism called “justice as fairness.” Enlightenment liberalism stresses the development and exercise of our capacity for autonomy, while Reformation liberalism emphasizes diversity and the toleration that encourages it. These two strands of liberalism are often mutually supporting, but they conflict in a surprising number of cases, whether over the accommodation of group difference, the design (...) of civic education, or the promotion of liberal values internationally. During the 1980’s, however, Rawls began to jettison key Kantian characteristics of his theory, a process culminating in the 1993 release of Political Liberalism and completing the transformation of justice as fairness into a Reformation liberalism. -/- Reconstructing Rawls argues that this transformation was a tragic mistake because it jeopardized the most important features of his theory, viz. the lexical priorities of right, liberty, and fair equality of opportunity as well as the difference principle. Controversially, this book contends that Rawls’s so-called “political turn,” motivated by a newfound interest in diversity and the accommodation of difference, has been unhealthy for autonomy-based liberalism and has pushed liberalism more broadly towards cultural relativism, be it in the guise of liberal multiculturalism or critiques of cosmopolitan distributive-justice theories. The book then demonstrates that the central elements of justice as fairness can only be defended within the context of a Kantian Enlightenment liberalism and that Rawls’s hope for a more pluralistic grounding for his theory, endorsed by a wide variety of belief systems present in modern democratic societies, is illusory. -/- Reconstructing Rawls is the first book to systematically compare Rawls’s and Kant’s theories and the first to offer an internal critique and reconstruction of justice as fairness, reconceiving it as a comprehensive, universalistic Kantian liberalism. By doing so, it gives us both the vision of a liberal world order—“a republicanism of all states, together and separately,” as Kant put it—and a mode of justification addressed to all men and women, not as members of particular nations, races, and faiths, but as human beings, as citizens of the world. In short, it reclaims Rawls for the Enlightenment. (shrink)

Peter Vanderschraaf. Game Theory, Evolution and Justice.

The relationship between Rawls’s theory of justice and Quine’s philosophy constitute an almost entirely new topic of discussion. The analysis undertaken in this article aims to show that some fundamental epistemological traits of Rawls’s theory of justice may be causally explained by referring to Quine’s influence on him. Rawls’s assumptions, methods of theory-building and evaluation criteria are addressed and a close nexus between the methods of ethics and natural science is made explicit. In the light of the historical and epistemological (...) analysis presented in this article it may be argued that Rawls’s theory of justice as fairness satisfies scientific requirements of evidence and objectivity within the sphere of ethics to the extent it is constructed and justified in accordance to Quine’s epistemology. (shrink)

Following the recommendations of the US National Academy of Sciences and the mandates of the 1987 Nuclear Waste Policy Amendments Act, the US Department of Energy has proposed Yucca Mountain, Nevada as the site of the world's first permanent repository for high-level nuclear waste. The main justification for permanent disposal (as opposed to above-ground storage) is that it guarantees safety by means of waste isolation. This essay argues, however, that considerations of equity (safer for whom?) undercut the safety rationale. The (...) article surveys some prima facie arguments for equity in the distribution of radwaste risks and then evaluates four objections that are based, respectively, on practicality, compensation for risks, scepticism about duties to future generations, and the uranium criterion. The conclusion is that, at least under existing regulations and policies, permanent waste disposal is highly questionable, in part, because it fails to distribute risk equitably or to compensate, in full, for this inequity. (shrink)

The past two decades have been a time of heightened interest in the moral aspects of the practice of medicine. This interest has been reflected in medical education by the establishment of medical humanities programs in both preclinical and clinical education in many medical schools. It has also been reflected in the literature with a dramatic increase in journal articles on medical ethics as well as the development of medical ethics in textbooks. A number of journals have developed that are (...) specifically devoted to medical ethics, including The Journal of Medical Ethics, The Journal of Medicine and Philosophy, The Journal of Medical Humanities, Theoretical Medicine, Cambridge Quarterly of Healthcare Ethics, just to name a few. The literature includes both theoretical foundations and conceptual analyses of particular issues as well as practical advice and general suggestions for how to implement programs in medical humanities. (shrink)

ABSTRACT John Rawls proposed two criteria for the delimitation of acceptable inequalities. The universal gain principle requires inequalities to be beneficial for all, and the difference principle requires them to be beneficial for the least advantaged. These principles are commonly believed to have originated in Rawls’s work, but they were both clearly expressed in the writings of Nicolas de Condorcet. Contrary to Rawls, Condorcet did not imbed them in the framework of a social contract, but instead sought their foundations in (...) natural rights. Whereas Rawls recommends us to find out what social arrangements rational reasoners would choose in a hypothetical pre-social situation, Condorcet proposes that we ask the underprivileged in our society whether or not they consider themselves to benefit from the prevailing social and economic inequalities. Thus, Condorcet’s original version of the difference principle puts social inequalities to a different test than its latter-day, hypothetical version. (shrink)

John Harsanyi has offered an argument grounded in Bayesian decision theory that purports to show that John Rawls's original position analysis leads directly to utilitarian conclusions. After explaining why a prominent Rawlsian line of response to Harsanyi's argument fails, I argue that a seemingly innocuous Bayesian rationality assumption, the continuity axiom, is at the heart of a fundamental disagreement between Harsanyi and Rawls. The most natural way for a Rawlsian to respond to Harsanyi's line of analysis, I argue, is to (...) reject continuity. I then argue that this Rawlsian response fails as a defence of the difference principle, and I raise some concerns about whether it makes sense to posit the discontinuities needed to support the other elements of Rawls's view, although I suggest that Rawls may be able to invoke discontinuity to vindicate part of his first principle of justice. (shrink)

Se presenta aquí brevemente la teoría de la justicia elaborada por Rawls, primeramente sobre una base moral, y luego (en el llamado segundo Rawls) la teoría de justicia desde una perspectiva política, con la que Rawls intenta justificar también la existencia del Estado, mediante un contrato social. Se analizan después las primeras críticas realizadas a su teoría. Se sostiene la tesis de que la conveniencia se convierte, sin desearlo, en utilidad, en Rawls, y ésta se convierte en sinónimo de justicia. (...) Se critica esta concepción dado que la elección hecha por la mayoría, para la conveniencia de la mayoría, no hace a una ley justa. Se advierte, además, que la idea de la igualdad considerada, sin más, sinónimo de justicia social, requiere una profunda reflexión. Se realiza, pues, un análisis de los presupuestos de la idea de justicia rawlsiana en cuanto parece identificarse con la idea de utilidad general y distorsionándose la misma idea de justicia. (shrink)