Justice is important, but so is peaceful cooperation. In this article, I argue that if one takes seriously the autonomy of individuals and groups and the fact of moral pluralism, a just system of cooperation cannot guarantee peaceful cooperation in a pluralistic world. As a response to this consideration, I develop a contractarian theory that can secure peace in a pluralistic world of autonomous agents, assuming that the agents who exist in this world expect that peaceful cooperation is the most (...) beneficial form of interaction for them in the long run. The theory specifies the restrictions on the behavior of autonomous individual and collective agents that are indispensable for peaceful cooperation in a pluralistic world. In particular, I argue for the need of (i) a globally valid rule of conflict resolution to settle all intra- and inter-group conflicts that cannot be resolved locally, (ii) a world court to apply this rule in cases where local group authorities are inadequate to do so, and to serve as a final court of appeal, and (iii) a world police to enforce the rule. (shrink)

This article analyses the reception of John Rawls's thought by Otfried Höffe, Jürgen Habermas and other political theorists on the German liberal left. It argues that, ironically, as Rawls's theory has become more historically self-conscious and sociologically oriented since A Theory of Justice, Habermas, while denying any fundamental difference between him and Rawls in this `neo-Kantian family quarrel', has moved in the opposite direction. One might even say that there has been some mid-Atlantic convergence in political theory. Nevertheless, there remain (...) peculiarities of German political thought, in particular its more sociological bent, a (positive or negative) fixation on the state, and the persistently felt need finally to reconcile a perceived conflict between liberalism and democracy. (shrink)

Rawls scholarship has not paid much attention to Rawls's early methodological writings so far, pretty much focusing on thereflective equilibrium(RE) which he is understood to have adopted inA Theory of Justice. Nelson Goodman's coherence-theoretical formulations concerning the justification of inductive logic inFact, Fiction and Forecasthave been suggested as the source of the RE. Following Rawls's methodological development in his early works, we shall challenge both these views. Our analysis reveals that the basic elements of RE can be located in his (...) ‘Two Concepts of Rules’ essay. We shall further show that the origins of RE go all the way back to Aristotle's methods of ethics, as RE accords with the methodology entitledsaving the appearances(SA) in recent Aristotle scholarship. (shrink)

ABSTRACT:Within corporate social responsibility (CSR), the exploration of the political role of firms (political CSR) has recently experienced a revival. We review three key periods of political CSR literature—classic, instrumental, and new political CSR—and use the Rawlsian conceptualization of division of moral labor within political systems to describe each period’s background political theories. The three main arguments of the paper are as follows. First, classic CSR literature was more pluralistic in terms of background political theories than many later texts. Second, (...) instrumental CSR adopted classical liberalism and libertarian laissez-faire as its structural logic. Third, new political CSR, based on a strong globalist transition of responsibilities and tasks from governments to companies, lacks a conceptualization of division of moral labor that is needed to fully depart from a classical liberalist position. We end by providing a set of recommendations to develop pluralism in political CSR. (shrink)

In this paper, I argue that there is a kind of evil, namely, the unequal distribution of natural endowments, or natural inequality, which presents theists with a new evidential problem of evil. The problem of natural inequality is a new evidential problem of evil not only because, to the best of my knowledge, it has not yet been discussed in the literature, but also because available theodicies, such the free will defense and the soul-making defense, are not adequate responses in (...) the face of this particular evil, or so I argue. (shrink)

Recent scholarship has drawn attention to John Rawls’s concern with stability—a concern that, as Rawls himself notes, motivated Part III of A Theory of Justice and some of the more important changes of his political turn. For Rawls, the possibility of achieving ‘stability for the right reasons’ depends on citizens possessing sufficient moral motivation. I argue, however, that the moral psychology Rawls develops to show how such motivation would be cultivated and sustained does not cohere with his specific descriptions of (...) ‘pluralist ’ doctrines. Considering Rawls’s claims that ‘most’ citizens—both in contemporary liberal democracies and in the well-ordered society—possess such doctrines, this incompatibility threatens to undermine his stability arguments. Despite the enormous importance of pluralist doctrines and the potential difficulties they pose for Rawls’s project, remarkably little attention has been paid to them. By critically examining these difficulties, the article begins to address this oversight. (shrink)

Journal of Social Philosophy, EarlyView.

In this article I assess the ability of motivational accounts of paternalism to respond to a particular challenge: can its proponents adequately explain the source of the distinctive form of disrespect that animates this view? In particular I examine the recent argument put forward by Jonathan Quong that we can explain the presumptive wrong of paternalism by relying on a Rawlsian account of moral status. I challenge the plausibility of Quong's argument, claiming that although this approach can provide a clear (...) response to the explanatory challenge, it is only successful in doing so when it relies on the strength of its rival: the argument from personal autonomy. In doing so I illustrate that such responses are conceptually dependent on an account of respect for persons, and thus much of the relevant controversy is actually disagreement over how we respect other individuals. (shrink)

Choice architecture is heralded as a policy approach that does not coercively reduce freedom of choice. Still we might worry that this approach fails to respect individual choice because it subversively manipulates individuals, thus contravening their personal autonomy. In this article I address two arguments to this effect. First, I deny that choice architecture is necessarily heteronomous. I explain the reasons we have for avoiding heteronomous policy-making and offer a set of four conditions for non-heteronomy. I then provide examples of (...) nudges that meet these conditions. I argue that these policies are capable of respecting and promoting personal autonomy, and show this claim to be true across contrasting conceptions of autonomy. Second, I deny that choice architecture is disrespectful because it is epistemically paternalistic. This critique appears to loom large even against non-heteronomous nudges. However, I argue that while some of these policies may exhibit epistemically paternalistic tendencies, these tendencies do not necessarily undermine personal autonomy. Thus, if we are to find such policies objectionable, we cannot do so on the grounds of respect for autonomy. (shrink)

John Rawls proposed, as what he called “the liberal principle of legitimacy,” that coercive exercises of political power can be justified to free and equal dissenters when “in accordance with a constitution (written or unwritten) the essentials of which all citizens, as reasonable and rational, can endorse.” Does “unwritten constitution” there refer to norms of constitutional import, but that subsist only as custom, not as law? To norms that subsist as common law but not as code law? To empirical regularities (...) of political practice, as opposed to normative rules and standards? Which interpretation is best? (shrink)

Expectations play an important role in how people plan their lives and pursue their projects. People living in highly industrialized countries share a way of life that comes with high levels of emissions. Their expectations to be able to continue their projects imply their holding expectations to similarly high future levels of personal emissions. We argue that the frustration or undermining of these expectations would cause them significant harm. Further, the article investigates under what conditions people can be thought to (...) hold legitimate expectations, in particular about permissible levels of future emissions. We distinguish differing theories of understanding these conditions, namely authority-based and justice-based theories, that each allows us to systematically distinguish between legitimate and illegitimate expectations. Furthermore, with respect to individuals’ future permissible emissions we give several reasons for holding that such theories cannot identify a particular expectation to a specific level of personal emissions as the only legitimate one. Finally, we argue that the set of legitimate expectations that people hold with respect to a just and effective solution to climate change has normative significance in at least two ways: the differing but equally legitimate expectations ought to be taken into account when justifying what could count as such a solution and when determining the just way of arriving at and implementing such a solution. (shrink)

What role should the state have in recognizing and regulating marriage? Until recently, liberal political theorists paid little attention to this question. Yet the challenges that the public–private boundary-crossing institution of marriage poses to liberalism are substantial. Tensions in contemporary debates suggest that these challenges remain unaddressed and thus, invite attempts to formulate a coherent and compelling model of the relationship between marriage and the liberal state. This article responds to this invitation. Marriage has long been a concern of at (...) least some liberal thinkers. Typically they focused on the dual character of marriage, or its role in producing gender inequality. While these critical insights are essential to any adequate account of marriage and the state, they are only part of the picture. To grasp the sources of confusion and silences in contemporary debates, and formulate a robust liberal model of marriage and the state, we must examine the functions — intended and effective — of public recognition of marriage. This examination highlights the relevance to the marriage-state relationship of familiar liberal approaches to negotiating the religion-state relationship. Drawing on these approaches and liberal feminist thought, I sketch a model of marriage and the state that aims to expand the area of protected freedom without sacrificing equality, fairness or marriage. Under the model I propose, marriage would be disestablished. The state would neither confer marital status, nor use 'marriage' as a category for dispersing benefits. Legitimate public welfare goals currently treated through marriage would be addressed through an intimate caregiving union status. (shrink)

The main question dividing classical and high liberals is about how economic rights rank compared to other rights and public goals. That is, the question is about what can or cannot outweigh such rights. High liberals argue that economic rights can be outweighed by any legitimate state interest, such that they are prima facie rights. Neoclassical liberals, conversely, have recently sought to elevate economic rights to basic rights, which could then only be outweighed by other basic rights. This paper shows (...) where the real debate should be for classical liberals, challenging Samuel Freeman’s widely held distinction between classical and high liberalism. Economic rights are prima facie for all liberals in that they can be outweighed by, say, considerations of utility or social justice. Although neoclassical liberals are correct to say that such rights are much more important than high liberals normally recognize, it does not follow that economic rights are basic. (shrink)

Historically, it is safe to say that very few laws did as much to stoke inequality as laws touching descents and hereditary transmissions. This paper attempts to see if the classical liberal tradition can endorse inheritance taxation so as to further fair equality of opportunity, as well as to lessen inequality of undeserved wealth. It argues that fair equality of opportunity is a necessary feature of market societies to make sure that they remain competitive. Hence, inheritance taxation is most likely (...) necessary from a classical liberal point of view as an instrument of social mobility to counter notable problems of social immobility, say hereditary vocational stratification, which a system of private property rights creates. (shrink)

Historically, it is safe to say that very few laws did as much to stoke inequality as laws touching descents and hereditary transmissions. This paper attempts to see if the classical liberal tradition can endorse inheritance taxation so as to further fair equality of opportunity, as well as to lessen inequality of undeserved wealth. It argues that fair equality of opportunity is a necessary feature of market societies to make sure that they remain competitive. Hence, inheritance taxation is most likely (...) necessary from a classical liberal point of view as an instrument of social mobility to counter notable problems of social immobility, say hereditary vocational stratification, which a system of private property rights creates. (shrink)

While different worries about population size are present in public debates, political philosophers often take population size as given. This paper is an attempt to formulate a Rawlsian liberal egalitarian approach to population size: does it make sense to speak of ‘too few’ or ‘too many’ people from the point of view of justice? It argues that, drawing on key features of liberal egalitarian theory, several clear constraints on demographic developments – to the extent that they are under our control (...) – can be formulated. Based on these claims, we can clarify both the grounds and content of our obligations to future generations. (shrink)

The debate over the applicability of the concept of (distributive) justice to the international sphere appears to focus on practicalities in the agent of redistribution. The agency objection says there is no appropriate agent of (the equivalent of societal distributive) justice and its aims for the international sphere. A common response is that the agency question is merely a matter of practicality, the concepts of justice and injustice can apply to circumstances in which distributive justice may not currently be practically (...) achievable. The paper argues that this response is based on a particular and contentious (in the debate) understanding of distributive justice as focused on outcomes rather than treatment by specific types of agents. A number of problems with that concept of justice are adduced and the alternative concept set out. Rejecting the agency objection based on an assumed concept of justice to which those making it would not obviously subscribed begs the question against them. (shrink)

Political philosophy offers a range of utopian proposals, from open borders to global egalitarianism. Some object that these proposals ought to be constrained by what is feasible, while others insist that what justice demands does not depend on what we can bring about. Currently, this debate is mired in disputes over the fundamental nature of justice and the ultimate purpose of political philosophy. I take a different approach, proposing that we should consider which facts could fill out a feasibility requirement. (...) This search for the facts requires requires looking to the social sciences, but I argue that it turns out that the social sciences will not provide us with findings that rule out, nor even count against, the kinds of proposals that political philosophers actually make, whether ideal or non-ideal. At the least, to deny this requires adopting deeply controversial commitments within the philosophy of social science. Thus, I conclude that a feasibility requirement has little practical use for political philosophers. Disputes over that requirement ought to be replaced by other, more fruitful ways for political philosophers to address both the findings of social science and the debates over non-ideal theory or political realism. (shrink)

Appeals to a ‘tradition’ stretching back to Thucydides have been central to the recent emergence of realism in political theory. This article asks what work these appeals to tradition are doing and whether they are consistent with contemporary political realism’s contextualist commitments. I argue that they are not and that realists also have independent epistemic reasons to attend to contextualist worries. Ultimately, I make the case for an account of the realist tradition that is at once consistent with moderate contextualist (...) commitments and that preserves the classificatory and analytical value of tradition-building. (shrink)

This article considers and ultimately rejects three prominent liberal egalitarian strategies for safeguarding the occupational freedom of the economically talented. First, Dworkinian concerns regarding the envy of the talented for the less talented are shown to be insufficient to rule out occupationally coercive taxation. Second, Rawlsian arguments about the priority of basic liberties in general and freedom of occupation in particular are shown to be unsuccessful, primarily because Rawls lacks the theoretical resources to protect freedom of occupation as a basic (...) liberty. Finally, concerns about the practical difficulty and moral undesirability of gathering the information necessary to implement occupationally coercive taxation are shown to be insufficient to rule out such taxation. The aim of the article is not to lead liberal egalitarians to reject freedom of occupation. Rather, the aim is to highlight the difficulties in protecting freedom of occupation and to motivate work on alternative liberal egalitarian strategies for safeguarding this important economic liberty. At the end of the article, a hypothesis is put forward for why occupationally coercive taxation should be rejected that appeals to the prohibition on using people as means. (shrink)

In recent work in political philosophy there has been much discussion of two approaches to theorizing about justice that have come to be called ‘ideal theory’ and ‘non-ideal theory’. The distinction was originally articulated by Rawls, who defended his focus on ideal theory in terms of a supposed ‘priority’ of the latter over non-ideal theory. Many critics have rejected this claim of priority and in general have questioned the usefulness of ideal theory. In diagnosing the problem with ideal theory, they (...) have frequently fingered for blame the idealization it involves. In this paper I focus on one particular, much-discussed idealization—full compliance—in order to defend it. Focusing on the assumption, I argue that Rawls’s work is not ideal in the way that it is usually thought to be, is less ideal than is widely recognized, and became less ideal over time. I also argue that critics who in effect claim that it is not realistic enough simply fail to understand Rawls’s central motivation. Finally, I defend the assumption by arguing that there is an important sense in which all theories of justice must assume full compliance. Such an assumption, I argue, is needed if we are to have a plausible basis on which to judge the normative attractiveness of a theory. (shrink)

This article discusses the adequacy of Rawls’ theory of justice as a tool for racial justice. It is argued that critics like Charles W Mills fail to appreciate both the insights and limits of the Rawlsian framework. The article has two main parts spread out over several different sections. The first is concerned with whether the Rawlsian framework suffices to prevent racial injustice. It is argued that there are reasons to doubt whether it does. The second part is concerned with (...) whether a Rawlsian framework has the resources to rectify past racial injustice. It is argued that it has more resources to do this than Mills allows. This second part of the article centers on two Rawlsian ideas: ideal theory and the fair equality of opportunity principle. It is argued that ideal theory is essential for the kind of rectificatory work that Mills wants nonideal theory to do, and that where there is a socioeconomic legacy of past injustice, it is hard to see how FEO could be implemented if it did no rectificatory work, a result which means that there is less need to turn to nonideal theory at all. (shrink)

Conflicting answers to the question of what principles of justice are for may generate very different ways of theorizing about justice. Indeed divergent answers to it are at the heart of G. A. Cohen's disagreement with John Rawls. Cohen thinks that the roots of this disagreement lie in the constructivist method that Rawls employs, which mistakenly treats the principles that emerge from a procedure that involves factual assumptions as ultimate principles of justice. But I argue that even if Rawls were (...) to abandon his constructivism, and to accept Cohen's argument that ultimate principles of justice are not grounded directly in any facts, their divergent views concerning the proper role of principles of justice would lead them to different conclusions. I contend that even if ultimate principles of justice are not directly grounded in any facts, the role that principles of justice are needed to play may mean that their justification depends upon facts about what is feasible and facts about what is burdensome to people. Contrary to what Cohen maintains, being dependent on the facts in this manner does not preclude a principle from being ultimate; nor do principles which have this sort of dependence on the facts necessarily combine justice with other values in a way that must lead to conflation. (shrink)

In this article I address two objections to Rawls’ account of international toleration. The first claims that the idea of a decent people does not cohere with Rawls’ understanding of reasonable pluralism and sanctions the oppressive use of state power. The second argues that liberal peoples would agree to a more expansive set of principles in the first original position of Law of Peoples. Contra the first I argue that it does not properly distinguish between the use of state power (...) aimed at curtailing difference and the oppressive use of state power. Contra the second I argue that transposing a liberal egalitarian set of principles in Law of Peoples would entail the unnecessary duplication of entitlements within different levels of governance and affect liberal peoples’ self-determination. The article also highlights how these criticisms are premised on the assumption that all societies should be liberal and that the correct view of global justice is a cosmopolitan one. (shrink)

The essay provides a reconstruction of Rawls's The Law of Peoples that makes sense of three main discontinuities between Rawls's domestic theory of justice and his international outlook, namely the absence in the latter of: a) individualism, b) egalitarianism, and c) structural justice. The essay argues that while we can make sense of such differences without charging Rawls's account of blatant inconsistency, we can nonetheless criticize such an outlook from an internal perspective. There is a middle way between claiming that (...) no significant differences are present between A Theory of Justice and The Law of Peoples and, on the other hand, that the differences between the two are so large as to make them totally incompatible. Furthermore, to argue in favour of Rawls's consistency does not, as many seem to have thought, entail agreeing with his overall conclusion for justice in international relations. The final part of the essay illustrates this point by analyzing the case of trade. (shrink)

The main aim of this paper is to act as a corrective to the comparatively deafening silence of egalitarian political philosophy’s response to the Great Recession. The paper thus provides an accessible analysis of a new strand of empirical research into the causes of the crisis. This new literature, which has largely gone unnoticed by the broader philosophical community, maintains that the main driver of financial instability is income and wealth inequality coupled with income stagnation at the bottom of the (...) income distribution. Building on this empirical research, the paper puts forward six connections between egalitarian political philosophy broadly construed, and the findings of the new literature it surveys. These connections are understood as operating in two directions: that is, they both provide reasons for egalitarians to play a larger role in debates concerning the moral aspects of financial instability, and also offer valuable insights to egalitarians to reorient their position concerning central facets of their arguments. (shrink)

Rawls’ The Law of Peoples does not offer a clear principled account of the way in which liberal and decent peoples should deal with benevolent absolutisms. Within the Rawlsian framework, benevolent absolutisms are a type of society that respects basic human rights and is not externally aggressive. Rawls rules out the use of coercion to engage with benevolent absolutisms but does not provide an alternative strategy. The article develops one, namely, it argues that liberal and decent peoples should use positive (...) incentives to induce benevolent absolutisms to make their transition to the status of well-ordered peoples. In so doing, it offers a principled way to expand Rawls’ international nonideal theory and, in the process, provides a more nuanced approach to the promotion of political participation in international society. The article draws on the literature on economic statecraft and political theory and constructs an incentive model with seven distinct parameters attached to its definition of incentives. Finally, the article provides a real-world example, of how to concretely implement the incentive mechanism. (shrink)

Among the novel objects that attracted my attention during my stay in the United States, nothing struck me more forcibly than the general equality of condition among the people. (de Tocqueville 1990, 7)There are significant inequalities in the lives of America's children, including inequalities in the education that these children receive. These educational inequalities include not only disparities in funding per pupil but also in class size, teacher qualification, and resources such as books, labs, libraries, computers, and curriculum, as well (...) as the physical condition of the school and the safety of students within it. While not all schools attended by poor children are bad schools, and not all schools attended by well-off children are good schools, there are clear patterns. Poor children are more likely to attend crowded and poorly equipped schools with less qualified teachers than the children of more affluent families. They are less likely to have computers, books, and advanced placement academic courses. (Satz 2007, 623). (shrink)

In Rescuing Justice and Equality, G.A. Cohen argues that the incentive inequalities permitted by John Rawls's difference principle are unjust since people cannot justify them to their fellow citizens. I argue that citizens of a Rawlsian society can justify their acceptance of a wide range of incentive inequalities to their fellow citizens. They can do so because they possess the right to freedom of occupational choice, and are permitted – as a matter of justice – to exercise this right by (...) making occupational decisions on the basis of a wide range of values and preferences. (shrink)

This paper provides a critical commentary on the claim advanced by Harry Brighouse and Adam Swift in their book Family Values: The Ethics of Parent–Child Relationships that there is an ineliminable conflict between relationship goods and fair equality of opportunity. I argue there need be no conflict between family values and equality of opportunity in a suitably non-hierarchical society. I also argue that the idea that equality of opportunity might be served by abolishing the family is mistaken. Egalitarian justice does (...) not provide an obstacle to the realization of family values. (shrink)

The value of health states is often understood to depend on their impact on the goodness of people's lives. As such, prominent health states metrics are grounded in particular conceptions of wellbeing – e.g. hedonism or preference satisfaction. In this paper, I consider how liberals committed to the public justification requirement – the requirement that public officials choose laws and policies that are justifiable to their citizens – should evaluate health states. Since the public justification requirement prohibits public officials from (...) appealing to controversial conceptions of the good life, liberals committed to this principle face a significant puzzle. (shrink)

This paper intends to explain the problem of structural injustice. The Rawlsian theory of justice is problematic due to the reality of positional differences. The assumptions of Rawls are put into question. Oppression, according to Iris Marion Young, is social in character. Fair opportunity is not enough. To elaborate this critique, this study presents the exclusion of individuals with handicap, the problem of global justice, and the situation of women in patriarchal cultures. Some social rules and the behavior of people (...) discriminate the powerless. For instance, particular standards in society promote the high sense of respectability for professionals but not the respect for the equal dignity of persons. Procedures, laws, and policies manifest the prejudice against others. Beyond Rawls, the pursuit of justice and democratic inclusion, it is argued, requires overcoming unjust structures. (shrink)

I argue for the merits of studying historical moral revolutions to inform moral and political philosophy. Such a research program is not merely of empirical, historical interest but has normative implications. To explain why, I situate the proposal in the tradition of naturalized epistemology. As Alison M. Jaggar and other scholars have argued, a naturalistic approach is characteristic of much feminist philosophy. Accordingly, I argue that the study of moral revolutions would be especially fruitful for feminist moral and political philosophers.

While there are many points of opposition between the political philosophies of Marx and Kant, the two can greatly benefit from one another in various ways. Bringing the ideas of Marx and Kant together offers a promising way forward for each view. Most significantly, a powerful critique of capitalism can be developed from their combined thought: Kant’s political philosophy offers a robust idea of freedom to ground this critique, while Marx provides the nuanced understanding of social and political power structures (...) under capitalism that allows this idea of freedom to be properly applied. (shrink)

This article compares the ‘enfranchisement lottery’, a novel method for allocating the right to vote, with universal suffrage. The comparison is conducted exclusively on the basis of the expected consequences of the two systems. Each scheme seems to have a relative advantage. On the one hand, the enfranchisement lottery would create a better informed electorate and thus improve the quality of electoral outcomes. On the other hand, universal suffrage is more likely to ensure that elections are seen to be fair, (...) which is important for political stability. This article concludes that, on balance, universal suffrage is prima facie superior to the enfranchisement lottery. Yet the analysis shows that the instrumental case for the ‘one person, one vote’ principle is less conclusive than democratic theorists usually suppose. (shrink)

The paper discusses criticisms against pharmacological cognitive enhancement from a liberal perspective. The criticisms point to the consequences of cognitive enhancement in third parties and in the agents, as well as in independent values. According to the article, these criticisms are not convincing. On the contrary, it argues that under certain assumptions there are good reasons in favor of free access to cognitive enhancement.

This article traces John Rawls’s debt to Frank Knight’s critique of the ‘just deserts’ rationale for laissez-faire in order to defend justice as fairness against some prominent contemporary criticisms, but also to argue that desert can find a place within a Rawlsian theory of justice when desert is grounded in reciprocity. The first lesson Rawls took from Knight was that inheritance of talent and wealth are on a moral par. Knight highlighted the inconsistency of objecting to the inheritance of wealth (...) while taking for granted the legitimacy of unequal reward based on differential productive capacity. Rawls agreed that there was an inconsistency, but claimed that it should be resolved by rejecting both kinds of inequality, except to the extent they benefitted the worst off. The second lesson Rawls learned from Knight was that the size of one’s marginal product depends on supply and demand, which depend on institutional decisions that cannot themselves be made on the basis of the principle of rewarding marginal productivity. The article claims that this argument about background justice overstates its conclusion, because the dependence of contribution on institutional setup is not total. Proposals for an unconditional basic income may therefore have a strike against them, as far as a reciprocity-based conception of desert is concerned. If we follow Knight’s analysis of the competitive system, however, so too does the alternative of leaving determination of income up to the market. (shrink)

Implicit in feminist and other critiques of ideal theorizing is a particular view of what normative theory should be like. Although I agree with the rejection of ideal theorizing that oppression theorists (and other theorists of justice) have advocated, the proposed alternative of nonideal theorizing is also problematic. Nonideal theorizing permits one to address oppression by first describing (nonideal) oppressive conditions, and then prescribing the best action that is possible or feasible given the conditions. Borrowing an insight from the "moral (...) dilemmas debate"— namely that moral wrongdoing or failure can be unavoidable—I suggest that offering (only) action-guidance under non-ideal conditions obscures the presence and significance of unavoidable moral failure. An adequate normative theory should be able to issue a further, non-action-guiding evaluative chim, namely that the best that is possible under oppressive conditions is not good enough, and may constitute a moral failure. I find exclusively action-guiding nonideal theory to be both insufficiently nonidealizing (because it idealizes the moral agent by falsely characterizing the agent as always able to avoid moral wrongdoing) and meanwhile too strongly adapted to the nonideal (because normative expectations are lowered and detrimentally adapted to options that, while the best possible, are still unacceptable). (shrink)

In any normal population, health is unequally distributed across different age groups. Are such age-based health inequalities unjust? A divide has recently developed within egalitarian theories of...

This article presents a normative epistemological argument for unions, developed from libertarian premises. According to Friedman, the state should set up rules for the market, whereas managers should focus on profits. On this view, business ethics can be handled by regulations, but Hayek’s theory of the market indicates that this position is problematic, since it relies on the state being able to collect the relevant ethical information. Hayek argued that a market system is more efficient than planned economies, since it (...) handles information more efficiently. However, there is also reason to doubt that markets can provide the needed information. The price mechanism carries information solely about preferences, but ethics also concerns rights, voluntariness and needs. Moreover, Coase showed that inside firms there are no Hayekian price mechanisms. Firms are characterized by hierarchy, which means that both employers and employees may have incentives to not be forthcoming with information relevant information. The moral epistemology of Anderson, with an important role for civil society, is used to identify solutions to these informational problems. As a part of civil society, unions complement the market as a source of ethical information, and inside the firm they balance power and provide an avenue for voice. (shrink)

This article presents the promising framework for educational decision makers developed by Brighouse, Ladd, Loeb, and Swift. The framework consists of an account of the educational goods, distributional principles and independent values at stake in education, and a method for making policy decisions on the basis of these and solid social science. I present three criticisms of this approach. The first says that the derivation of educational goods proceeds on the basis of a too narrow conception of values. I suggest (...) that this foundation should consist of an overlapping consensus, rather than flourishing. The second criticism has to do with the way that the distributive principles are characterized. I argue that BLLS’s characterization of distributive principles should be complemented with accounts of what domains of social life these principles regulate and a specification of whether the distributive principles should be understood as applying over time or at specific instances. The final criticism is that BLLS’s conception of independent values focuses solely on values that constrain the pursuit of educational goods. I claim that this part of the framework should be revised to include aspects of values that also support this pursuit. I conclude arguing that the BLLS frameworks should be further developed rather than rejected. (shrink)

This paper provides a new argument for the relevance of empirical research to moral and political philosophy and a novel defense of the positive program in experimental philosophy. The argument centers on the idea that normative concepts used in moral and political philosophy can be evaluated in terms of their fruitfulness in solving practical problems. Empirical research conducted with an eye to the practical problems that are relevant to particular concepts can provide evidence of their fruitfulness along a number of (...) dimensions. An upshot of the argument is that philosophers should not only engage with but must also be involved in conducting experimental studies that examine the practical roles that normative concepts can play. Rather than just clearing the way for philosophical work to be done, the argument has the further implication that empirical research will be required to advance at least some important debates in moral and political philosophy. (shrink)

1. This paper concerns equality of education. It takes as its starting point that the state, through the system of education, can act in ways that cause injustice between children, if it brings abo...

John Rawls’s use of the “fully cooperating assumption” has been criticized for hindering attempts to address the needs of disabled individuals, or non-cooperators. In response, philosophers sympathetic to Rawls’s project have extended his theory. I assess one such extension by Cynthia Stark, that proposes dropping Rawls’s assumption in the constitutional stage (of his four-stage sequence), and address the needs of non-cooperators via the social minimum. I defend Stark’s proposal against criticisms by Sophia Wong, Christie Hartley, and Elizabeth Edenberg and Marilyn (...) Friedman. Nevertheless, I argue that Stark’s proposal is crucially incomplete. Her formulation of the social minimum lacks accompanying criteria with which the adequacy of the provisions for non-cooperators may be assessed. Despite initial appearances, Stark’s proposal does not fully address the needs of non-cooperators. I conclude by considering two payoffs of identifying this lack of criteria. (shrink)

Rawlsian framework is based on a cooperation model, which takes a democratic society as a cooperation system. Such a conception of democracy not only obscures the distinction between democracy and despotism, but also makes it hard to argue for the superiority of democracy over despotism. This article develops a different model, the competition model, to explain the historical development towards democracy and to justify democracy as a social order superior to despotism. The article argues that once we adopt the competition (...) model to understand democracy, its distinctive characters as well as its merits will fully bear out. (shrink)

Mark Rowlands gives a compelling argument that, if John Rawls's contractarianism is consistently applied, and Rawls's premises fully explained, then we have powerful reasons to believe that representatives behind the Veil of Ignorance should be blind to species membership in the same way that they are blind to economic status and natural talent.1I argue that even if we suppose this to be correct, these agents would not choose the two principles of justice, but instead ones that more closely resemble utilitarian (...) principles. (shrink)

Part one of this paper considers the question of property rights in general and asks how such rights can be justified, contrasting Consequentialist with other approaches and concludes that it is impossible to avoid a broadly Consequentialist approach. Part two considers the question of intellectual property (IP) and asks how property rights justifications apply to it. The basic economics if IP is indispensable in this discussion. Finally, part three, considers IP in the light of modern technological developments. I conclude that (...) the real dangers lie more in the specific ways government and special interests respond to this technology than from the nature of IP rights themselves. (shrink)