This paper critically examines Richard Rorty’s “justice as larger loyalty” proposal. While Rorty is right, I argue, to reject the Kantian idea of a strict bifurcation between justice and loyalty, the former corresponding to reason the latter corresponding to sentiment, my argument is that it is nevertheless a mistake to follow Rorty in conceiving of justice as he recommends we should. This is not an endorsement of the rationalistic Kantian view Rorty rejects. Rather, I argue that there are compelling Rortyan (...) reasons for rejecting the “justice as larger loyalty” proposal, and that the argument against that proposal is paradoxically very much in the spirit of Rorty’s moral and political thought. (shrink)

Using a Rawlsian approach to analyze the ethical implications of data mining within three major codes of ethics used by American marketing firms, the author argues that marketers should re-conceptualize their business conduct, as defined in their individual codes of ethics, to incorporate a Rawlsian concern for society's least advantaged members. Rawls's concept of primary goods provides the framework for the argument that anonymity, a component of privacy, is vital for consumers whose autonomy is affected by data mining. A combination (...) of practical measures, ethical guidelines, and legislative protections are recommended for minimizing concerns about data mining, while still allowing for commercial advantages provided by the practice. (shrink)

The Kantian categorical imperative process of rational reflection and reasoned social discourse is theoretically capable of forming the moral environmental maxims applicable to business. This article argues that rational environmental discourse demands that business has an imperfect duty to develop relevant unbiased information, and perhaps to disseminate this information through participation in business-public coalitions. For the environmental problem, this “rationality” particularly concerns our obligations toward future generations and distant people while recognizing that they cannot participate in current discourse, and the (...) rules for gathering and assessing the evidence that should govern our environmental preservations and enhancements. Both these concerns demand certain scientific information requirements, as well as logical decision criteria that are perceived as stable across both overlapping generations, and affected peoples. The criteria for Rawls’ “considered moral judgments” are shown to apply to resolutions of these business-related ethical conundrums. In a way similar to Kant’s anthropological examinations of humanity’s antisocial behaviors, this article also examines various biases that inhibit this social reasoning. (shrink)

Deepfakes are a new form of synthetic media that broke upon the world in 2017. Bringing photoshopping to video, deepfakes replace people in existing videos with someone else’s likeness. Currently most of their reach is limited to pornography, and they are also used to discredit people. However, deepfake technology has many epistemic promises and perils, which concern how we fare as knowers. Our goal is to help set an agenda around these matters, to make sure this technology can help realize (...) epistemic rights and epistemic justice and unleash human creativity, rather than inflict epistemic wrongs of any sort. Our project is exploratory in nature, and we do not aim to offer conclusive answers at this early stage. There is a need to remain vigilant to make sure the downsides do not outweigh the upsides, and that will be a tall order. (shrink)

This review essay on three recent books on John Rawls’s theory of justice, by Catherine Audard, Samuel Freeman, and Thomas Pogge, describes the great boon they offer serious students of Rawls. They form a united front in firmly and definitively rebuffing Robert Nozick’s libertarian critique, Michael Sandel’s communitarian critique, and more generally critiques of “neutralist liberalism,” as well as in affirming the basic unity of Rawls’s position. At a deeper level, however, they diverge, and in ways that, this essay suggests, (...) go astray on subtle questions of interpretation: Freeman overemphasizes reciprocity, Pogge miscasts Rawls as a consequentialist, and Audard exaggerates the Kantian aspect of Rawls’s core, continuing commitment to “doctrinal autonomy.”. (shrink)

This essay reviews six different approaches to intellectual property. It and argues that none of these accounts provide an adequate justification of intellectual property laws and policies because (1) there are many different types of intellectual property, and (2) a variety of incommensurable values play a role in the justification of intellectual property. The best approach to intellectual property is to assess and balance competing moral values in light of the particular facts and circumstances.

In the last 20 years, there has been a sharp increase in the incidence of retractions of articles published in scientific journals, the majority of which are due to research misconduct. In some cases, researchers have revised and republished articles that were retracted due to misconduct, which raises some novel questions concerning authorship. Suppose that an article is retracted because one of the authors fabricated or falsified some data, but the researchers decide to salvage the useable data, make appropriate revisions, (...) and resubmit the article for publication. If the person who committed misconduct has made a significant contribution to the research reported in the revised paper, should they be named as an author to recognize this contribution or should they be denied authorship because they committed misconduct? This is a challenging issue because it involves the confluence of two research ethics domains that are usually dealt with separately, i.e., resolution of authorship disputes and adjudication of misconduct findings, as well as potential conflicts among norms that underlie authorship practices and misconduct adjudication. In this paper, we describe some actual cases involving articles that were retracted for misconduct and republished; review policies from the International Committee of Medical Journal Editors, Committee on Publication Ethics, and top fifteen biomedical journals to determine whether they provide adequate guidance for cases like these; and analyze the ethical and policy issues that may arise in these situations. (shrink)

While the volume of material inspired by Rawls’s reinvigoration of the discipline back in 1971 has still not begun to subside, its significance has been in serious decline for quite some time. New and important work is appearing less and less frequently, while the scope of the work that is appearing is getting smaller and more internal and its practical applications more difficult to discern. The discipline has reached a point of intellectual stagnation, even as real-world events suggest that the (...) need for what political philosophy can provide could not be more critical. What follows then is a set of statements about how I believe that we, as political philosophers, should approach what we do. It contains my view as to what political philosophy should be about, how political philosophy should be done, and how courses in political philosophy should be taught, interlaced with commentary on the current state of the profession. (shrink)

The case for reparations for grievous acts of historical injustice has been getting a lot of attention lately. But I aim to broaden the discussion in two ways. First, I am not only going to talk about reparations as a means of rectifying the injuries inflicted by slavery and the genocide of indigenous peoples, the theft of their land, and the ongoing ripple effects of these historic wrongs. I am also going to talk about reparations for a wider variety of (...) historical injustices, including, most importantly, the long-term economic oppression of women, and the historical exploitation of labor. Second, I am not going to base my argument on the principle of equality, as most people currently do, but on the principle of liberty, as it is understood by libertarians on both the right and the left, at least as long as they believe what they say they believe. Not because I think that egalitarian demands for reparations are wrong. Rather, my point is that the principle of liberty, which is often raised as a defense to claims based on the principle of equality, actually leads to exactly the same place. Finally, I will discuss one possible form of reparations that has largely been ignored, but which has a special connection to libertarian principles, and I will show how it can provide some real relief without provoking the opposition that society-wide redistributive remedies usually face. (shrink)

Social justice has been a central normative component of U.S. social welfare and social work for over a century, although the meaning and implications of the term have often been ambiguous. A major source of this ambiguity lies in the conflict between universalist views of social justice and those which focus on achieving justice for specific groups. This conflict has been masked by several long-standing assumptions about the relationship between social justice and multiculturalism – assumptions which have been challenged by (...) recent developments. The assumption that the pursuit of social justice requires the creation of a more egalitarian society has been challenged by the new political-economic realities of globalization. The assumption that the maintenance of individual rights complements the pursuit of social equality has been challenged by racially-based attacks on social welfare benefits and civil rights. Most significantly, the assumption that a socially just society is one in which different groups share a compatible vision of social justice has been challenged by the realities of multiculturalism. This paper explores the evolution of four themes regarding the relationship between social justice and multiculturalism during the past century and discusses their implications for the contemporary demographic and cultural context of the U.S. These themes are: the relationship of cultural diversity to the nation’s values and goals; the contradiction between coerced cultural assimilation and coerced physical and social segregation; the relationship between individual and group identity and rights; and the linkage between “Americanization” and the equal application of justice. (shrink)

In Globalization and Justice, Kai Nielsen brings his distinctive and passionate voice and considerable philosophical abilities to one of the pressing issues of our time: Is justice possible in our increasingly globalized world? Nielsen argues that it is, though the demands of justice are great, the challenges substantial, and the odds very long. Without a clear philosophical understanding of justice and a firm and focused political will, Nielsen maintains, we are likely to have globalization without justice. This is surely correct.

In this commentary on Darrel Moellendorf’s Mobilizing Hope: Climate Change & Global Poverty (Oxford: Oxford University Press, 2022), I discuss his use of the precautionary principle, whether his hope for climate-friendly ‘green growth’ is realistic given the tendency for inequality to accelerate as it gets higher, and what I call his assumption of a liberal baseline. That is, I worry that the audience to whom the book is addressed are those who already accept the environmental and economic values to which (...) Moellendorf appeals, while those who are blocking effective action on climate change in fact reject those values and are therefore unlikely to be moved by the arguments the book presents. (shrink)

Over the last two decades there has been a proliferation of partnerships between business and government, multilateral bodies, and/or social actors such as NGOs and local community organizations engaged in promoting development. While proponents hail these partnerships as an important new approach to engaging business, critics argue that they are not only generally ineffective but also serve to legitimate a neo-liberal, global economic order which inhibits development. In order to understand and evaluate the role of such partnerships, it is necessary (...) to appreciate their diversity with respect to not only the activities that they engage in, but also the degree to which they are subject to social control. This paper distinguishes four different types of business partnerships, based upon differing degrees of social control: conventional business; corporate social responsibility; corporate accountability; and social economy. Each type of partnership is described, their basic forms are noted, and the conditions and prospects for them contributing to development are examined. By way of conclusion, an analysis is offered of how the different types of business partnerships relate to different conceptions of development and function as policy paradigms to promote different globalization agendas. (shrink)

This article pursues two questions: Can one use Foucault’s later writings on parrhesia and Kant to create a Foucaldian approach to public reason? If so, what lessons might those attracted to John Rawls’ well-known model of public reason draw from a Foucaldian orientation? By putting Foucault into a competitive yet productive relationship with Rawls, this article addresses some of the latter’s shortcomings. In doing so it also makes a larger argument about the need to develop approaches to democratic deliberation that (...) involve engagement with – rather than simple toleration and/or accommodation of – the various ‘reasonable’ ethical commitments deliberators, on some fundamental level, reason in light of. The justificatory aims of public reason are best achieved when participants’ most-cherished beliefs are opened to critical dialogue rather than banished to the realm of the ‘non-political’. The article begins by briefly illuminating the salient features of Rawls’ model of public reasoning as well as three problems that ensue with the limitations it places on discourses regulated by public reason. It then attempts to distill a Foucaldian approach to public reason by briefly discussing 4 elements of Foucault’s later work on Rawls’ philosophical godfather Kant together with several features of the antiquarian studies of parrhesia that Foucault was conducting at the time these Kantian works were written. Third, Jeffrey Stout’s recent account of theistic democratic actors in some of the most economically disadvantaged US localities demonstrates how many of the ideals integral to this Foucaldian approach to public reasoning built on engaging contrasting ethical perspectives are central to some concrete practices of public reasoning. It concludes with some thoughts on the necessity of publicly reasoning through rather than independently of our deepest commitments. (shrink)

In political science, the theme of critical citizenship is often interpreted negatively and understood to express distrust. However, criticism can be motivated by positive aspirations towards democracy and how to improve it. In order to test this idea, we asked respondents to the Democracy and citizenship survey to rank how the features of different types of democratic legitimacy appealed to them. The module adopted an innovative methodology by bringing together philosophy (political theory) and political science. This approach led to a (...) series of results that tempered and questioned the more prevalent pessimistic understandings of critical citizenship. Furthermore, this article looks closely at controversy surrounding the meaning ascribed to criticism and discusses the presuppositions made by many political sociology studies and their differing hypotheses on critical citizenship. It shows that the very definition of criticism remains unclear and proposes a ‘critical understanding of criticism’ adopting a meta-critical stance (as is often the case in philosophy) to better identify four possible types of criticism: reactive criticism (primary), evaluative, propositional (first or secondary order) and pluralist political criticism. (shrink)

In political science, the theme of critical citizenship is often interpreted negatively and understood to express distrust. However, criticism can be motivated by positive aspirations towards democracy and how to improve it. In order to test this idea, we asked respondents to the Democracy and citizenship survey to rank how the features of different types of democratic legitimacy appealed to them. The module adopted an innovative methodology by bringing together philosophy and political science. This approach led to a series of (...) results that tempered and questioned the more prevalent pessimistic understandings of critical citizenship. Furthermore, this article looks closely at controversy surrounding the meaning ascribed to criticism and discusses the presuppositions made by many political sociology studies and their differing hypotheses on critical citizenship. It shows that the very definition of criticism remains unclear and proposes a ‘critical understanding of criticism’ adopting a meta-critical stance to better identify four possible types of criticism: reactive criticism, evaluative, propositional and pluralist political criticism. (shrink)

Utilitarianism would allow any degree of inequality whatsoever productive of the greatest happiness of the greatest number. But it does not guide political action, because determining what level of inequality would produce the greatest happiness of the greatest number is opaque due to well-known psychological coordination problems. Does Rawlsian liberalism, as is generally assumed, have some superiority to Utilitarianism in this regard? This paper argues not; for Rawls’s ‘difference principle’ would allow any degree of inequality whatsoever that best raises up (...) the worst off, and similar psychological coordination problems apply. It concludes that Rawlsian liberalism, designed to solve the problem that Utilitarianism will not give us stable rules and will counsel their violation, and giving us in the process a contract and rights within a semi-consequentialist framework, repeats (in the difference principle) that very problem of Utilitarianism. It fails substantively to guide the level of inequalities permitted in such a framework. (shrink)

Care theorists have yet to outline an account of how the concept of toleration should function in their normative framework. This lack of outline is a notable gap in the literature, particularly for demonstrating whether care ethics can appropriately address cases of moral disagreement within contemporary pluralistic societies; in other words, does care ethics have the conceptual resources to recognize the disapproval that is inherent in an act of toleration while simultaneously upholding the positive values of care without contradiction? By (...) engaging care ethics with John Locke’s influential corpus on toleration, I answer the above question by building the bases for a novel theory of toleration as care. Specifically, I argue that care theorists can home in on an oft-overlooked aspect of Locke’s later thought: that the possibility of a tolerant society is dependent on a societal ethos of trustworthiness and civility, to the point where Locke sets out positive ethical demands on both persons and the state to ensure this ethos can grow and be sustained. By leveraging and augmenting Locke’s thought within the care ethical framework, I clarify how care ethics can provide meaningful solutions to moral disagreement within contemporary pluralistic societies in ways preferable to the capability of a liberal state. (shrink)

Many arguments against US healthcare reform appeal to facts about wait times, and wait times are also discussed in debates about national health policy in other industrialised countries. This paper points out that there are several different ways to measure wait times. We currently measure them in one way, and this paper describes an alternative. The most reasonable assessments of US and international health reforms need to rely on the alternative method, and so when critics of health reform rely on (...) the standard method, their arguments are unsound. (shrink)

Is realism in political theory compatible with utopianism? This article shows that it is, by reconstructing a highly restrictive realist approach to political theory for guiding legislation and public policy, drawn from the work of Adam Smith, and showing how it can accommodate Piketty’s utopian proposal for a global tax on capital. This shows not only that realism and utopianism are compatible; but how realist and utopian political theory can be carried out in concrete cases. This moves debates to more (...) interesting questions of which forms of utopianism are permissible within which forms of realism; contributes to moving the contemporary realism debates from a Methodenstreit to questions of how it can and ought to be done; and contributes to an important contemporary debate about the permissibility of utopian proposals for political and economic reform in general and Piketty’s proposed global tax on capital in particular. (shrink)

While libertarians affirm personal responsibility as a central moral and political value, libertarian theorists write relatively little about the theory and practice of this value. Focusing on the work of F. A. Hayek and David Schmidtz, this article identifies the core of a libertarian approach to personal responsibility and demonstrates the ways in which this approach entails a radical revision of the ethics and American politics of personal responsibility. Then, I highlight several central implications of this analysis in the American (...) political and economic status quo. First, this analysis makes a mockery of so-called libertarian/conservative ‘fusionism’, such that libertarian personal responsibility cannot partner with meritocratic conservative thought to provide a plural grounding for rejecting progressive or redistributive economic policy. Next, preferred libertarian policies threaten the status, esteem and social bases of self-respect of citizens who are worse-off through little or no fault of their own. Finally, these policies undermine the ethics of personal responsibility that Americans from across the ideological spectrum value and many conservatives and libertarians celebrate. In the American status quo, those who value personal responsibility must reserve a central place for policies that mitigate opportunity and distributive inequalities. (shrink)

In this article I review Jonathan Wolff and Avner de‐Shalit’s recent book Disadvantage (2007), highlighting its many contributions to egalitarian theory and practice. These contributions build to the authors’ central prescription: that policy‐makers work to create a society of equals by reducing the tendency for disadvantages to cluster around certain individuals or groups. From there, I discuss the idea of declustering disadvantage in an American context, and consider its implications for the politically salient ideal of equality of opportunity. The purpose (...) of this discussion is not to posit Wolff and de‐Shalit’s theory of disadvantage as a theory of justice as equal opportunity. Instead, I illustrate their approach by reference to an influential theory of justice, whose proponents include those taken to affirm the authors’ consensual starting point. (shrink)

This paper intends to contribute to the emerging literature on the ethical problems posed by quantum computing and quantum technologies in general. The key ethical questions are as follows: Does quantum computing pose new ethical problems, or are those raised by quantum computing just a different version of the same ethical problems raised by other technologies, such as nanotechnologies, nuclear plants, or cloud computing? In other words, what is new in quantum computing from an ethical point of view? The paper (...) aims to answer these two questions by (a) developing an analysis of the existing literature on the ethical and social aspects of quantum computing and (b) identifying and analyzing the main ethical problems posed by quantum computing. The conclusion is that quantum computing poses completely new ethical issues that require new conceptual tools and methods. (shrink)

Rawls’s account of international toleration in The Law of Peoples has been the subject of vigorous critiques by critics who believe that he unacceptably dilutes the principles of his Law of Peoples in order to accommodate non-liberal societies. One important component in these critiques takes issue specifically with Rawls’s inclusion of certain non-liberal societies (‘decent peoples’) in the constituency of justification for the Law of Peoples. In Rawls’s defence, I argue that the explanation for the inclusion of decent peoples in (...) the constituency of justification is not, as is standardly assumed, that they are the kind of societies that ought to be tolerated in that way on some prior conception of which kinds of societies ought to be tolerated in that way. The real explanation appeals to a methodological principle underlying Rawls’s approach to political justification, according to which liberals owe justification, as a matter of liberal principle, to those who comply with liberal principles for political institutions that apply to them. If such liberal principles can be complied with by agents who nevertheless cannot accept fully liberal justifications for those principles, then liberalism itself requires liberals to seek justifications which they can accept. This approach gives us a new way to view decent peoples: as just such agents, who are therefore owed a justification for the Law of Peoples that they can accept. Decency is thus a concept that is internal to liberal political justification at the international level. Reading Rawls in this way permits a coherent and attractive defence of his strategy of toleration and of his international theory as a whole. (shrink)

Closed Material Procedures are widely considered to be unjust. In his influential A Theory of Justice, Rawls sets out that trials must be fair and open, and that such precepts of natural justice ensure the impartiality of the legal order. I argue that whilst this commits Rawls to a rejection of the permissibility of CMPs, he is not right to do so, and his theory does not require him to do so. Firstly, the conception of natural justice upon which Rawls (...) bases his view of open justice is not so strict as to demand this so long as the legal system ensures a sufficient gist of the closed material is provided. Secondly, it is plausible that individuals in Rawls’ original position, would select CMPs due to the role security and stability play in a just state, the importance of which Rawls explicitly recognises. I conclude that CMPs are consistent with Rawls’ theory of justice, despite his assertions in A Theory of Justice. Given the importance and influence of Rawls’ theory, this is an important step in demonstrating the permissibility of such procedures, duly circumscribed. (shrink)

In this essay I discuss a powerful challenge to high-liberalism: the challenge presented by neoclassical liberals that the high-liberal assumptions and values imply that the full range of economic liberties are basic rights. If the claim is true, then the high-liberal road from ideals of democracy and democratic citizenship to left-liberal institutions is blocked. Indeed, in that case the high-liberal is committed to an institutional scheme more along the lines of laissez-faire capitalism than property-owning democracy. To present and discuss this (...) challenge, I let John Rawls represent the high-liberal argument that only a narrow range of economic liberties are basic rights and John Tomasi represent the neoclassical liberal argument that the full range of economic liberties are basic rights. I show that Rawls’s argument is inadequate, but also that Tomasi’s argument fails. I thus conclude that high-liberalism is in a precarious situation, but is not yet undone by the neoclassical liberal challenge. (shrink)

Violence, poverty, and illness are all too prevalent in our world. In order to alleviate their hold systematically, we need normative schemes with a global reach and with definite responsibilities. Martha Nussbaum’s human capabilities theory (Martha Nussbaum 2006) provides us with an insightful example. The Universal Declaration of Human Rights (The United Nations 1948), however, already includes most of the human capabilities central to Nussbaum’s theory, and violence, poverty, and illness usually appear as objectionable enough without any additional reference to (...) capabilities. In the current article, the author argues that the primary global responsibilities can mainly be established without Nussbaum’s account of capabilities. The human rights-based approach is more promising for this purpose (Jack Donnelly 2007; Abigail Gosselin, Human Rights Review 8:35–52, 2006; Ivar Kolstad, Human Rights Review, doi:10.1007/s12142-008-0103-1, 2008). However, the author also contends that Nussbaum’s theory may be very instructive as a relatively comprehensive moral approach that supplements the human rights view and inspires its adherents to assume secondary responsibilities in addition to the primary ones. Once we learn to see Nussbaum’s agenda in this way, not as the global program, but as one of the many reasonable and relatively comprehensive views in the global background culture, we can also learn to cultivate the responsibilities it implies in a duly dialogical way. (shrink)

The ageing populations of the Western world present a wide range of economic, social, and cultural implications, and given the challenges posed by deteriorating maintenance ratios, the scenario is somewhat worrying. In this paper, I investigate whether Martha C. Nussbaum's capabilities approach could secure dignity for older people in long‐term care, despite the per capita decreases in resources. My key research question asks, ‘What implications does Nussbaum's list of central human capabilities have for practical social care?’ My methodology combines Nussbaum's (...) list with ethnographic data gathered from a Finnish sheltered home for older people. On the basis of this study, it seems that the capabilities approach is a plausible framework for the ethics of care because it highlights differences in the ability to function and thus differences in opportunities to pursue a good life. The ideas presented in this article could assist social policy planners and executives in creating policies and practices that help old people to maintain their dignity until the end of their days. (shrink)

This article examines two potential Rawlsian arguments, namely the moral dualism argument and the educative effect of institutions argument as regards the extension of the primary subject of justice to personal conduct. The article makes two claims. First, while moral dualism is a logical step to make, it suffers from a potential conflict between the principles that apply to institutions and those that govern personal conduct. Second, despite the attractive features of the educative effect of institutions argument, an explanative gap (...) has to be filled in order to account for how and why individuals comply to just institutions. In the end, the article concludes that extending Rawls’s theory of justice to include personal conduct may be difficult to sustain. (shrink)

In my reading of Free Market Fairness, I challenge Tomasi’s key assumption that that we can and should pursue the account of social justice laid down in its essentials by John Rawls, but with this one crucial change, that the ‘economic liberties’ which Rawls excludes from his framework of basic liberties should be included on that list and be appropriately prioritized and protected. I argue that Rawls had very good grounds for excluding the right to own productive capital from his (...) list of basic rights; in short, that such a move would not enhance justice as fairness. Tomasi’s embrace of American capitalism as an approximation of what entrenched economic liberties can be expected to deliver simply makes an incredible claim less plausible. (shrink)

Critics and defenders of Rawls' idea of public reason have tended to neglect the relationship between this idea and his conception of democratic legitimacy. I shall argue that Rawls' idea of public reason can be interpreted in two different ways, and that the two interpretations support two different conceptions of legitimacy. What I call the substantive interpretation of Rawls' idea of public reason demands that it applies not just to the process of democratic decision-making, but that it extends to the (...) substantive justification of democratic decisions. I shall argue against this interpretation and suggest a procedural interpretation instead. On this view, public reason is invoked when it comes to the political justification of the principles that should govern the process of democratic decision-making, but not – at least not directly – in relation to the content of public deliberation. (shrink)

This paper defends views like rule consequentialism by distinguishing between two sorts of ideal world objections. It aims to show that one of those sorts of objections is question-begging. Its success would open up a path forward for such views.

This article suggests that Rawls's break with early utilitarians is not so much over the greatest happiness principle as it is over the relation of the institution of private property to justice. In this respect Rawls is very close to John Stuart Mill, arguing for a cleansed or tamed version of the institution. That said, Rawls's defense of private property remains very thin and highly idealized, again following Mill. If Hume and Bentham fail to demonstrate their claims, Rawls and Mill (...) do little better. Rawls, like Mill, has constructed a challenging standard, admits to severe limitations on our empirical knowledge, and remains deeply ambivalent over the role of private property. (shrink)

A central feature of John Tomasi’s ‘Free Market Fairness’ is the emphasis it places upon the good of self-respect. Like Rawls, Tomasi believes that accounts of justice ought to offer support for the self-respect of citizens. Indeed, this is a key way in which Tomasi aspires to engage with the ‘high-liberal’ tradition. Unlike Rawls however, Tomasi argues that this support is best provided by our treating a broader set of economic liberties as basic liberties. In this paper I raise two (...) concerns about this latter claim. Firstly, I trace a number of significant ways in which Tomasi’s discussion of self-respect differs from that of Rawls. Whilst such divergences are not necessarily problematic, I argue that they serve to limit the purchase his account has on left-liberals. Further, I argue that the ideal of self-respect is more deeply ‘hard-wired’ into Rawls’s account of justice than Tomasi recognises. As such, Tomasi fails to address the full range of additional ways in which Rawls expects his principles of justice to support citizens’ self-respect. I argue that this also limits the force of Tomasi’s claims. Secondly, and more seriously, I argue that there are significant tensions between Tomasi’s discussion of self-respect and his most forceful argument in favour of the market democratic model he proposes. I argue firstly that Tomasi’s account of when citizens’ self-respect is jeopardised does not allow us to readily distinguish between economic security born of systems of welfare and redistribution, and economic security born of market forces and historical contingency. And more troubling still, is Tomasi’s belief that self-respecting citizens must view themselves as a ‘central cause’ of their situation. Such self-conceptions, I argue, can only coexist alongside the greater wealth thesis if citizens engage in quite naked self-delusions about their causal power. I argue that theorists of justice have good reason to be suspicious of promulgating such delusions and, as such, that this poses a serious problem for a justification of market democracy which aspires to rest upon an appeal to self-respect. (shrink)

In Free Market Fairness, John Tomasi defends classical-liberal principles not because of real-world considerations but on ideal-theoretic grounds. However, what constitutes a sufficiently “ideal” ideal theory is debatable since, as Tomasi shows, regimes that range from laissez faire to heavily interventionist can all be classified as legitimate from the perspective of ideal theory. Conversely, if ideal theory can allow for realistic constraints, as Rawls does, then we should recognize that even under ideal-theoretic conditions, political actors face logistical, epistemic, and motivational (...) challenges that only intensify in the real world, where questions of feasibility become paramount. (shrink)

Rawls argues that ‘Parties in the original position would wish to avoid at almost any cost the social conditions that undermine self-respect’. But what are these social conditions that we should so urgently avoid? One evident candidate might be conditions of material inequality. Yet Rawls seems confident that his account of justice can endorse such inequalities without jeopardising citizens’ self-respect. In this article I argue that this confidence is misplaced. Unequalising incentives, I claim, jeopardise the self-respect of those least advantaged—at (...) least under a Rawlsian schema—by undermining the very processes by which Rawls hopes to make distributional inequalities and self-respect compatible. I begin by setting out Rawls’s distinct account of self-respect before moving to describe how Rawls expects the difference principle to support citizens’ in this regard. I then draw upon GA Cohen’s distinction between ‘strict’ and ‘lax’ interpretations of the difference principle to argue that the presence of unequalising incentives undermines both the direct and indirect support that the difference principle can offer to citizens’ self-respect. As such, I claim that Rawls must either weaken his endorsement of unequalising incentives, or risk violating his ‘prior commitment’ to avoiding social conditions harmful to citizens’ self-respect. (shrink)

Is our moral cognition “colored” by the language(s) that we speak? Despite the centrality of language to political life and agency, limited attempts have been made thus far in contemporary political philosophy to consider this possibility. We therefore set out to explore the possible influence of linguistic relativity effects on political thinking in linguistically diverse societies. We begin by introducing the facts and fallacies of the “linguistic relativity” principle, and explore the various ways in which they “color,” often covertly, current (...) normative debates. To illustrate this, we focus on two key Rawlsian concepts: the original position and public reason. We then move to consider the resulting epistemic challenges and opportunities facing contemporary multilingual democratic societies in an age of increased mobility, arguing for the consequent imperative of developing political metalinguistic awareness and political extelligence among political scientists, political philosophers, and political actors alike in an irreducibly complex linguistic world. (shrink)

Rawls?s controversial idea of public reason is often criticized for being exclusionary and unfair. Yet it is possible to read the idea of public reason as being largely innocuous, especially if one attends to all the qualifications and specifications of the idea that Rawls articulated. This essay pursues such a reading, by systematically considering each element of qualification that Rawls built into the idea of public reason. Considered together and in terms of their cumulative effect, they make the innocuous reading (...) possible. My aim is not, however, to try to defend Rawls?s idea of public reason by claiming that it is innocuous, but to help clarify the ambiguous nature of the idea through this reading. (shrink)

Since contemporary societies are deeply multicultural and plural, the partisan ideological politics obviously animate conflict of opinions and hard bargains that brings coercion into play. Thus political power is exercised to establish legitimacy and stability in the polity. The use of public reason as a tool of public inquiry is considered as most effective in deciding upon the outcomes of laws and policies. The idea of public reason is one of the contemporary innovations of liberal thinking in democracy and has (...) gained a wider currency among the political theorists after John Rawls adoption of it into his political thinking. On this background, my concern is to see the feasibility of public reason alone into democratic outcomes through coercive use of power provided that this is widely accepted among the epistemic peers in a democracy. I propose that the exclusiveness of public reason is inadequate to arbitrate on fundamental questions of politics in situations where disagreement becomes acute because of the adversary positions held by citizens. And hence love and truth add to the rigorousness of reason as strong ideals to combat an insurgency of deadly disagreements. It is an attempt to engage love and truth to public reason to make public deliberations more productive in the arena of law making and policy outputs. The strengthening of this democratic process is pioneering effort of M. K. Gandhi. (shrink)

This article responds to Philippe Mengue's claim that Deleuzian political philosophy is fundamentally hostile to democracy. After outlining key elements of the attitude towards democracy in Deleuze and Guattari's work, it addresses three major arguments put forward in support of this claim. The first relies on Deleuze's rejection of transcendence and his critical remarks about human rights; the second relies on the contrast between majoritarian and minoritarian politics outlined in A Thousand Plateaus; and the third relies on the antipathy of (...) philosophy towards opinion as outlined in What is Philosophy? After responding to each of these arguments in turn, I outline an alternative and more positive account of Deleuze and Guattari's critical engagement with opinion by way of a contrast with Rawls. (shrink)

According to John Tomasi's Free Market Fairness, there are serious constraints on what a liberal state may do to promote economic justice. Tomasi defends this claim by arguing that important economic liberties ought to be regarded as “basic” and given special priority over other liberal concerns, including those of economic justice. I argue that Tomasi's defense of this claim is unsuccessful. One problem takes the form of a dilemma: depending on how the claim is formulated more precisely, Tomasi's argument seems (...) either to be compatible with standard (e.g., Rawlsian) liberalism or to tell against even the minimal taxation that would be necessary to support the social safety net he supports. Second, granting “basic” status to economic liberties would in many cases defeat the goal, self-authorship, that Tomasi sees himself as sharing with other liberals. Third, contrary to Tomasi's suggestions, no inconsistency arises when liberals (such as Rawls) refuse to recognize the economic liberties as basic. Fourth and finally, the special significance that Tomasi attaches to agency does not provide any additional reason for accepting Tomasi's conclusions. (shrink)

If one is committed to a “Rawlsian” conception of justice, is one not also necessarily committed to a “Christian” personal ethics? MOE explicitly, if one believes that social justice requires the maximinning of material conditions, should one not use one's time and resources as well as one can in order to assist the poorest? The paper offers a very partial answer to these questions by arguing for the following two claims: (1) Contrary to what is implied by some egalitarian critics (...) of Rawls, the idea of a well‐ordered society does not require maximin‐guided choices at the individual level, and hence leaves room for legitimate incentive payments.(2) Despite Rawls's own neglect of this fact, a limited form of patriotism does constitute an individual “natural duty” following from a commitment to maximin social justice. (shrink)

Changing patterns of political participation observed by political scientists over the past half-century undermine traditional democratic theory and practice. The vast majority of democratic theory, and deliberative democratic theory in particular, either implicitly or explicitly assumes the need for widespread citizen participation. It requires that all citizens possess the opportunity to participate and also that they take up this opportunity. But empirical evidence gathered over the past half-century strongly suggests that many citizens do not have a meaningful opportunity to participate (...) in the ways that many democratic theorists require, and do not participate in anything like the numbers that they believe is necessary. This paper outlines some of the profound changes that have been experienced by liberal democratic states in the 20th and early 21st Centuries, changes which are still ongoing, and which have resulted in declines in citizens participation and trust, the marginalisation of citizens from democratic life, and the entrenchment of social and economic inequalities which have damaged democracy. The paper challenges the conventional wisdom in rejecting the idea that the future of democracy lies in encouraging more widespread participation. The paper takes seriously the failure of the strategies adopted by many states to increase participation, especially among the poor, and suggests that instead of requiring more of citizens, we should in fact be requiring less of them. Instead of seeking to encourage more citizen participation, we should acknowledge that citizens will probably not participate in the volume, or in the ways, many democratic theorists would like, and that therefore we need an alternative approach: a regime which can continue to produce democratic outcomes, and which satisfies the requirements of political equality, in the absence of widespread participation by citizens. (shrink)

How should policymakers respond to the risk of technological unemployment that automation brings? First, I develop a procedure for answering this question that consults, rather than usurps, individuals’ own attitudes and ambitions towards that risk. I call this the insurance argument. A distinctive virtue of this view is that it dispenses with the need to appeal to a class of controversial reasons about the value of employment, and so is consistent with the demands of liberal political morality. Second, I appeal (...) to the insurance argument to show that governments ought not simply to provide those who are displaced by machines with unemployment benefits. Instead, it must offer re-training programmes, as well as enact more general macroeconomic policies that create new opportunities for employment. My contribution is important not only because it helps us to resolve a series of urgent policy disputes—disputes that have been discussed extensively by labour market economists and policymakers, but less so by political philosophers—but also because my analysis sheds light on more general philosophical controversies relating to risk. (shrink)