Proposals for how to redesign democracy so as to better secure the demands of intergenerational justice can be divided into three broad families: (1) representative proxies; (2) differential voting schemes; and (3) counter-majoritarian devices. However, these proposals suffer from a fundamental weakness: namely, they all assume that despite the fact that democracy is by its very nature ill-equipped to secure intergenerational justice, it is nevertheless possible to rely on democracy to solve this problem in the first place. But that, to (...) put it colloquially, is like thinking that one can pull oneself up by one’s own bootstraps. This paper sketches the shape and contours of a solution to this problem that is better able than the alternatives to escape this objection. This solution draws upon the strategy of a so-called ‘non-reformist reform.’. (shrink)

Many advocate practices of ‘local food’ or ‘locavorism’ as a partial solution to the injustices and unsustainability of contemporary food systems. I think that there is much to be said in favor of local food movements, but these virtues are insufficient to immunize locavorism from criticism. In particular, three duties of international ethics—beneficence, repair and fairness—may provide reasons for constraining the developed world’s permissible pursuit of local food. A complete account of why (and how) the fulfillment of these duties constrains (...) locavorism will require extensive empirical evidence about the relationship between agricultural demand-led industrialization, international trade (rules), and local food practices. In this paper I can only gesture at some of this evidence and, for that reason, my policy prescriptions are merely provisional. Instead, the upshot of this paper is that advocates of locavorism ought to be attentive to the empirical-dependence of the moral permissibility of their projects. As local food ‘scales up’—and comes to be embraced as a goal of political communities—these concerns should receive even greater attention. (shrink)

In response to recent policy trends towards linking social rights more tightly to work requirements, this article argues that those sharing Rawlsian commitments have good reasons to prefer a radical‐liberal policy agenda with a universal basic income at its core. Compared to its main rivals in present policy debates, the politics of basic income has greater potential to promote the economic life prospects of the least advantaged in a way that provides a robust protection for the bases of social recognition (...) and non‐subservience. The argument seeks to establish that these concerns should be ascribed priority in the most plausible balancing of Rawlsian objectives and that doing so generates a strong case for basic income. As recent arguments for basic income have suggested that Rawls’ theory is insufficient to make the case for such a reform, this analysis also demonstrates that a powerful argument for basic income can be built on Rawlsian foundations alone. (shrink)

Unlike his theory of justice as fairness, John Rawls’s political liberalism has generally been spared from critiques regarding what is due to the disabled. This paper demonstrates that, due to the account of the basic ideas of society and persons provided by Rawls, political liberalism requires that the interests of numerous individuals with disabilities should be put aside when the most fundamental issues of justice are settled. The aim is to accommodate within public reason the due concern for the disabled (...) while upholding political liberalism. To achieve this aim, a revision of the basic ideas of persons and society is proposed. The idea of persons should be regarded as more fundamental than that of social cooperation, and persons should be defined in terms of minimal moral powers. (shrink)

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

This chapter offers a concise discussion of classic utilitarianism which is the prototypical moral doctrine of the utilitarian family. It starts with an analysis of the classic utilitarian criterion of rightness, gives an overview over its virtues and vices, and suggests an overall assessment of its adequacy as a theory of morality. Furthermore, it briefly discusses whether classic utilitarianism holds promise as a philosophy for doing business.

One of numerous definitions of globalization describes it as a dynamic process whereby the social structures of modernity, such as capitalism, bureaucracy, high technology, and philosophy of rationalism and liberalism are spread the world over. Indeed, in that sense, liberalism has in general prevailed as the authoritative policy framework in present-day globalization. Most governments have promoted neoliberal policies toward globalization, as well as influential multilateral agencies have continually linked globalization with liberalization. Champions of neoliberal globalization have also abounded in commercial (...) circles, particularly in the financial markets and among managers of transborder firms. Business associations and business-oriented mass media have likewise figured as bastions of neoliberalism which has overall ranked as policy orthodoxy in respect of globalization. Generally speaking, neoliberal ideas recently gained widespread unquestioned acceptance as “common sense”. On the other hand, neoliberalism as a sort of philosophical, political and economic theory known as libertarianism, which has generally prevailed as theoretical approach in contemporary globalization, does not have much in common with the ideal of liberal democracy of well-ordered society, which arises from quite different ideas, aspects and dimensions of liberal philosophy. Social philosophy of liberalism, developed by Kant, Hayek, Dworkin and Rawls, has promoted the idea of modern liberal democracy which is generally based on the rule of law, protection of human and civil rights, ideas of equality and justice as fairness. In that sense “affirmative action” programmes in favour of the least advantaged groups are fully consonant with a general liberal philosophy that protects individual rights. Economic and cultural globalization should be accompanied by a clear conceptual analysis and a normative requirement of a globalization of responsibility in order to protect the global future of humankind. A democratic control as well as the rule of law in our globalized world is necessary, too. Central tasks of global policy to prevent global chaos as a consequence of uncontrolled globalization include, among other things, a legalized international order with a sort of global democratic governance. Concerning the improvement of global democracy and global rule of law the genuine question is: who can realize a policy of global governance in our divided world? (shrink)

In The Righteous Mind, Jonathan Haidt claims that liberals have a narrower moral outlook than conservatives—they are concerned with fairness and relief of suffering, which Haidt sees as individualistic values, while conservatives care about authority and loyalty too, values concerned with holding society together. I question Haidt’s methodology, which does not permit liberals to express concerns with social bonds that do not fit within an ‘authority’ or ‘loyalty’ framework and discounts people who support liberal positions but do not self-ascribe as (...) liberals. I also argue that of the six ‘moral foundations’, fairness and relief of suffering are more fundamental values than authority and loyalty, which are virtues only if their objects are worthy. Moral education programs must also encourage students to recognize some values as more urgent than others, and permit inquiry into the actual reasons for political behavior other than professed value commitments. (shrink)

Health policy frameworks usually construe environmental protection and human health as harmonious values. Policies that protect the environment, such as pollution control and pesticide regulation, also benefit human health. In recent years, however, it has become apparent that promoting human health sometimes undermines environmental protection. Some actions, policies, or technologies that reduce human morbidity, mortality, and disease can have detrimental effects on the environment. Since human health and environmental protection are sometimes at odds, political leaders, citizens, and government officials need (...) a way to mediate and resolve conflicts between these values. Unfortunately, few approaches to applied bioethics have the conceptual tools to do accomplish this task. Theories of health care ethics have little to say about the environment, and theories of environmental ethics don’t say much about human health. In this essay, I defend an approach to ethical decision-making that gives policy-makers some tools for balancing promotion of human health and protection of the environment. (shrink)

Definition of the problem: This article starts with a conceptual and factual discussion on the economic background of rationing in health care. The author tries to explain what rationing in health care means and how this problem can be estimated ethically. Rationing is defined as: the allocation and distribution of scarce goods in health care and of medical and nursing services under the condition that demand isgreater than supply. Arguments and conclusion: This definition gives the opportunity, to prove whether rationing (...) meets ethical criteria of justice concerning the allocation and distribution of basic goods. In order to ensure a human supply of necessary medical and nursing services, the author promotes an ethical reflection in terms of a theory of justice. (shrink)

In the western healthcare, shared decision making has become the orthodox approach to making healthcare choices as a way of promoting patient autonomy. Despite the fact that the autonomy paradigm is poorly suited to paediatric decision making, such an approach is enshrined in English common law. When reaching moral decisions, for instance when it is unclear whether treatment or non-treatment will serve a child’s best interests, shared decision making is particularly questionable because agreement does not ensure moral validity. With reference (...) to current common law and focusing on intensive care practice, this paper investigates what claims shared decision making may have to legitimacy in a paediatric intensive care setting. Drawing on key texts, I suggest these identify advantages to parents and clinicians but not to the child who is the subject of the decision. Without evidence that shared decision making increases the quality of the decision that is being made, it appears that a focus on the shared nature of a decision does not cohere with the principle that the best interests of the child should remain paramount. In the face of significant pressures toward the displacement of the child’s interests in a shared decision, advantages of a shared decision to decisional quality require elucidation. Although a number of arguments of this nature may have potential, should no such advantages be demonstrable we have cause to revise our commitment to either shared decision making or the paramountcy of the child in these circumstances. (shrink)

Disagreement in politics is ubiquitous. People disagree about what makes a life worthy or well-lived. They disagree about what they owe to each other in terms of justice. They also disagree about the proper manner of dealing with the consequences of disagreement. What is more, they disagree about the normative significance of moral and political disagreement. Disagreement has been, for at least three decades now, the focus of a series of major works in political philosophy. It has been called one (...) of the fundamental ‘circumstances of politics’ by Waldron. Rawls took disagreement to be at the heart of the problem of political legitimacy. Gerald Gaus takes it to be the most important task of liberal political theory to justify political institutions in the face of ‘evaluative diversity’. For Thomas Christiano, disagreement is part of the basis of the authority of democracy.Political institutions make decisions and rules that are binding f. (shrink)

Parents are usually appreciated as possessing legitimate moral authority to compel children to make at least modest sacrifices in the service of widely shared values of moral decency. This essay argues that such authority justifies allowing parents to authorize a child to serve as an organ or tissue donor in certain circumstances, such as to authorize bone marrow donations to save a sibling with whom the potential donor shares a deep emotional bond. The approach explored here suggests, however, that at (...) least under some conditions, parents have legitimate authority to authorize donations forbidden by current guidelines. (shrink)

The capability approach assigns a central role to the contexts within which social interactions take place, which make individual liberty achievable. However, an auxiliary concept is necessary to explain the contexts of collective action more accurately. In this paper I shall present Taylor’s concept of irreducibly social goods as a supplement to the capability approach. I shall also introduce the concept of hermeneutics as a strategy suitable for evaluating which capabilities are to be considered valid, as an alternative to aggregative (...) methodologies. This conceptual development at the core of the capability approach demands to be framed by a normative criterion that enables us to distinguish between emancipatory and conservative contexts of social action; for that purpose I make use of the subject idealization that Honneth and Anderson present. (shrink)

The debate over encumbered versus unencumbered selves that characterized the dialogue between liberalism and republicanism did not end well. Neither side seemed enlightened by its encounter with the other, as it became increasingly difficult to pin down the differences between the sides, never more so than when Michael Sandel was violently agreeing with Richard Dagger. Drawing on the work of novelist and philosopher Iris Murdoch, this essay argues that Sandel could have made a much stronger argument for his view than (...) he did. Sandel need not have conceded or concluded that encumbered selves are unable to choose freely. Freedom is a more subtle and complicated concept that either Sandel or Dagger recognize. (shrink)

In this paper I argue against Jürgen Habermas’s theoretical dualism between ethics and morality. I do this by showing how his account of normativity is vitiated by an unnecessary superposition of a social-evolutionary and a theoretical-linguistic account of normativity, and that this brings about theoretical problems that in the end cannot be overcome. I also show that Rainer Forst’s attempt at salvaging Habermas’s distinction is equally doomed to failure, but that his attempt nevertheless invites new and more fruitful avenues for (...) normative theory that are worth exploring. The conclusion of this paper is that traditional notions of ethics and morality can be preserved provided we heavily redefine their meanings and release them from some of the theoretical work they have been expected to accomplish, but that to complete this transition we also need to supersede Forst’s pluralization of normative contexts toward a theory of normative practices that in the end makes the distinction between ethics and morality workable but useless. I begin by first locating the debate about ethics and morality within the context of recent normative theory, and proceed to examine the two main strategies through which Habermas has elaborated his idea of a sharp dualism between ethics and morality. I then introduce a theoretical distinction between what I call a horizontal and a vertical integration of ethics and morality and contend that whilst only the horizontal is viable, Habermas decidedly prefers the idea of a vertical integration. With this work done, I proceed to complete my critique of Habermas’s argument and show how, by recovering the pragmatist roots of his thought, an alternative solution based on a functionalist understanding of morality could be envisaged. I then conclude by examining Rainer Forst’s attempt at salvaging Habermas’s account, and show that the failure of Forst’s attempts opens the way for new and more fruitful approaches to normative theory which are more likely to recover the pragmatist roots of Habermas’s thought. (shrink)

Despite the vast literature on Rawls's work, few have discussed his arguments for the value of democracy. When his arguments have been discussed, they have received staunch criticism. Some critics have charged that Rawls's arguments are not deeply democratic. Others have gone further, claiming that Rawls's arguments denigrate democracy. These criticisms are unsurprising, since Rawls's arguments, as arguments that the principle of equal basic liberty needs to include democratic liberties, are incomplete. In contrast to his trenchant remarks about core civil (...) liberties, Rawls does not say much about the inclusion of political liberties of a democratic sort – such as the right to vote – among the basic liberties. -/- In this paper, I complete some of Rawls's arguments and show that he has grounds for including political liberties, particularly those of a democratic nature, in the principle of equal basic liberty. In doing so, I make some beginning steps toward illustrating the genuinely democratic nature of Rawls's arguments. Rawls believes that a few different arguments can be given for democratic institutions and that these arguments work together to support the value of democracy. In this paper, I focus on Rawls's arguments relating to self-respect. I focus on this set of arguments because they are among the strongest of Rawls's arguments for equal political liberty and its fair value. (shrink)

Vaccine refusal harms and risks harming innocent bystanders. People are not entitled to harm innocents or to impose deadly risks on others, so in these cases there is nothing to be said for the right to refuse vaccination. Compulsory vaccination is therefore justified because non-vaccination can rightly be prohibited, just as other kinds of harmful and risky conduct are rightly prohibited. I develop an analogy to random gunfire to illustrate this point. Vaccine refusal, I argue, is morally similar to firing (...) a weapon into the air and endangering innocent bystanders. By re-framing vaccine refusal as harmful and reckless conduct my aim is to shift the focus of the vaccine debate from non-vaccinators’ religious and refusal rights to everyone else’s rights against being infected with contagious illnesses. Religious freedom and rights of informed consent do not entitle non-vaccinators to harm innocent bystanders, and so coercive vaccination requirements are permissible for the sake of the potential victims of the anti-vaccine movement. (shrink)

Norman Daniels’s theory of health justice is the most comprehensive and systematic such theory we have. In one of the few articles published so far on Daniels’s new book, Just Health, Benjamin Sachs argues that Daniels’s core “principle of equality of opportunity does not do the work Daniels needs it to do.” Yet Sachs’s objections to Daniels’s framework are deeply flawed. Where these arguments do not rely on significant misreadings of Daniels, they ignore sensible strands in Just Health that considerably (...) dull their force. After disarming Sachs’s arguments against Daniels’s theory, I explain why I agree with Sachs’s conclusion: Daniels’s equality of opportunity-based account of health justice rests on shaky foundations. (shrink)

Martha Nussbaum grounds her version of the capabilities approach in political liberalism. In this paper, we argue that the capabilities approach, insofar as it genuinely values the things that persons can actually do and be, must be grounded in a hybrid account of liberalism: in order to show respect for adults, its justification must be political; in order to show respect for children, however, its implementation must include a commitment to comprehensive autonomy, one that ensures that children develop the skills (...) necessary to make meaningful choices about whether or not to exercise their basic capabilities. Importantly, in order to show respect for parents who do not necessarily recognize autonomy as a value, we argue that the liberal state, via its system of public education, should take on the role of ensuring that all children within the state develop a sufficient degree of comprehensive autonomy. (shrink)

This article makes a case for the capacity of "social practice" accounts of agency and freedom to criticize, resist, and transform systemic forms of power and domination from within the context of religious and political practices and institutions. I first examine criticisms that Michel Foucault's analysis of systemic power results in normative aimlessness, and then I contrast that account with the description of agency and innovative practice that pragmatist philosopher Robert Brandom identifies as "expressive freedom." I argue that Brandom can (...) provide a normative trajectory for Foucault's diagnoses of power and domination, helping to resolve its apparent lack of ethical direction. I demonstrate that Foucault, in turn, presents Brandom with insights that might overcome the charges of abstraction and conservatism that his pragmatic inferentialism frequently encounters. The result is a vindication of social practice as an analytical lens for social criticism that is at once both immanent and radical. (shrink)

Could the notion of compromise help us overcoming – or at least negotiating – the frequent tension, in normative political theory, between the realistic desideratum of peaceful coexistence and the idealistic desideratum of justice? That is to say, an analysis of compromise may help us moving beyond the contrast between two widespread contrasting attitudes in contemporary political philosophy: ‘fiat iustitia, pereat mundus’ on the one side, ‘salus populi suprema lex’ on the other side. More specifically, compromise may provide the backbone (...) of a conception of legitimacy that mediates between idealistic (or moralistic) and realistic (or pragmatic) desiderata of political theory, i.e. between the aspiration to peace and the aspiration to justice. In other words, this paper considers whether an account of compromise could feature in a viable realistic conception of political legitimacy, in much the same way in which consensus features in more idealistic conceptions of legitimacy (a move that may be attributed to some realist theorists, especially Bernard Williams). My conclusions, however, are largely sceptical: I argue that grounding legitimacy in any kind of normatively salient agreement does require the trappings of idealistic political philosophy, for better or – in my view – worse. (shrink)

Soft regulatory measures are often promoted as an alternative for existing regulatory regimes for nanotechnologies. The call for new regulatory approaches stems from several challenges that traditional approaches have difficulties dealing with. These challenges relate to general problems of governability, tensions between public interests, but also (and maybe particularly) to almost complete lack of certainty about the implications of nanotechnologies. At the same time, the field of nanotechnology can be characterized by a high level of diversity. In this paper, we (...) discuss and compare two models for framing public policy in relation to technology regulation: the first is a deliberative model based on foresight knowledge and the second the wide reflective equilibrium model, developed by political philosopher John Rawls. In both models, the aim is to find consensus on (a framework for) policy measures and regulation. On the basis of a critical discussion of the strengths and weaknesses of both models, some tentative conclusions are drawn for effective policy making and implementation based on soft law. (shrink)

This paper elaborates the concept of global public power as the subject of principles of political legitimacy in global politics, and defends it through a critical comparison with other concepts widely employed to depict this regulative subject: states, global basic structure, and global governance. The goal underlying this argument is to bring some greater unity and integration to conceptual understandings of the subject of principles of political legitimacy within analyses of global politics, and in doing so to frame a broader (...) research agenda for locating in practice the concrete political agencies and institutions that are appropriate targets for demands of political legitimation under the prevailing empirical conditions of global pluralism. (shrink)

Which standards should we employ to evaluate the global order? Should they be standards of justice or standards of legitimacy? In this article, I argue that liberal political theorists need not face this dilemma, because liberal justice and legitimacy are not distinct values. Rather, they indicate what the same value, i.e. equal respect for persons, demands of institutions under different sets of circumstances. I suggest that under real-world circumstances – characterized by conflicts and disagreements – equal respect demands basic-rights protection (...) and democratic participation, which I here call ‘political justice’. I conclude the article by considering three possible configurations of the global order – the ‘democratic world-state’, ‘independent democratic states’, and ‘mixed’ models – and argue that a commitment to political justice speaks in favour of the latter. (shrink)

This essay argues that David Miller's criticisms of global egalitarianism do not undermine the view where it is stated in one of its stronger, luck egalitarian forms. The claim that global egalitarianism cannot specify a metric of justice which is broad enough to exclude spurious claims for redistribution, but precise enough to appropriately value different kinds of advantage, implicitly assumes that cultural understandings are the only legitimate way of identifying what counts as advantage. But that is an assumption always or (...) almost always rejected by global egalitarianism. The claim that global egalitarianism demands either too little redistribution, leaving the unborn and dissenters burdened with their societies' imprudent choices, or too much redistribution, creating perverse incentives by punishing prudent decisions, only presents a problem for global luck egalitarianism on the assumption that nations can legitimately inherit assets from earlier generations – again, an assumption very much at odds with global egalitarian assumptions. (shrink)

Much work in the field of education for democratic citizenship is based on the idea that it is possible to know what a good citizen is, so that the task of citizenship education becomes that of the production of the good citizen. In this paper I ask whether and to what extent we can and should understand democratic citizenship as a positive identity. I approach this question by means of an exploration of four dimensions of democratic politics—the political community, the (...) borders of the political order, the dynamics of democratic processes and practices, and the status of the democratic subject—in order to explore whether and to what extent the ‘essence’ of democratic politics can and should be understood as a particular order. For this I engage with ideas from Chantal Mouffe and Jacques Rancière who both have raised fundamental questions about the extent to which the ‘essence’ of democratic politics can be captured as a particular order. In the paper I introduce the figure of the ignorant citizen in order to hint at a conception of citizenship that is not based on particular knowledge about what the good citizen is. I introduce a distinction between a socialisation conception of citizenship education and civic learning and a subjectification conception of citizenship education and civic learning in order to articulate what the educational implications of such an ‘anarchic’ understanding of democratic politics are. While the socialisation conception focuses on the question how ‘newcomers’ can be inserted into an existing political order, the subjectification conception focuses on the question how democratic subjectivity is engendered through engagement in always undetermined political processes. This is no longer a process driven by knowledge about what the citizen is or should become but one that depends on a desire for a particular mode of human togetherness or, in short, a desire for democracy. (shrink)

In this article we aim to open a new line of debate about religion in public schools by focusing on religious ideals. We begin with an elucidation of the concept ‘religious ideals’ and an explanation of the notion of reasonable pluralism, in order to be able to explore the dangers and positive contributions of religious ideals and their pursuit on a liberal democratic society. We draw our examples of religious ideals from Christianity and Islam, because these religions have most adherents (...) in Western liberal democracies that are the focus of this article. The fifth and most important section ‘‘Reasonable pluralism and the inclusion of religious ideals in public secondary schools’’ provides three arguments for our claim that public schools should include religious ideals, namely that they are important to religious people, that they are conducive for the development of pupils into citizens of a liberal democracy, and that the flourishing of pupils as adults is advanced by encountering religious ideals. We also offer a more practical reason: religious ideals can more easily be included within public education than religious dogmas and rules. (shrink)

Much contemporary political philosophy claims to be Kant-inspired, but its aims and method differ from Kant's own. In his recent book, Force and Freedom, Arthur Ripstein advocates a more orthodox Kantian outlook, presenting it as superior to dominant (Kant-inspired) views. The most striking feature of this outlook is its attempt to ground the whole of political morality in one right: the right to freedom, understood as the right to be independent of others’ choices. Is Ripstein's Kantian project successful? In this (...) research note I argue that it is not. First, I suggest that Ripstein's notion of freedom is viciously circular. It is meant to ground all rights, but in fact it presupposes an account of those rights. Second, I show that—independently of its inability to ground a whole political morality—such a moralized understanding of freedom is normatively unappealing. (shrink)

The idea that victims of social injustice who commit crimes ought not to be subject to punishment has attracted serious attention in recent legal and political philosophy. R. A. Duff has argued, for example, a states that perpetrates social injustice lacks the standing to punish victims of such injustice who commit crimes. A crucial premiss in his argument concerns the fact that when courts in liberal society mete out legitimate criminal punishments, they are conceived as acting in the name of (...) all citizens—on behalf of the whole political community. Resisting this premiss, Peter Chau has suggested that courts ought to be conceived as acting only in the name of “just citizens”: citizens who cannot be plausibly seen as having contributed to distributive injustice. When conceived in this way, Chau argues, courts can no longer plausibly be regarded as lacking standing to punish. This article uses the debate between Duff and Chau to explain why the question of whether to punish socially deprived offenders can only be answered adequately when connected to broader concerns of democratic theory. Specifically, it argues that Chau’s proposal is not available within the context of the kind of political community upon which (Duff rightly believes) a system of liberal criminal law depends for its justification and maintenance: a community in which citizens see the law as embodying shared norms whose specific demands they disagree about. State officials are morally permitted to see themselves as acting on behalf of a subset of the citizenry, I argue, only in circumstances of democratic crisis : circumstances in which a moral community can no longer be plausibly said to exist. (shrink)

This article examines the relationship between compromise and fairness, and considers in particular why, if a fair outcome to a conflict is available, the conflict should still be subject to compromise. It sets out the defining features of compromise and explains how fair compromise differs from both principled and pragmatic compromise. The fairness relating to compromise can be of two types: procedural or end-state. It is the coherence of end-state fairness with compromise that proves the more puzzling case. We offer (...) reasons why people should be allowed to resolve conflicting or competing claims through compromise, even if compromise comes at the expense of end-state fairness, but we resist the suggestion that the primary rationale for compromise is to be found in non-ideal circumstances. (shrink)

In Cohen’s vision of the just society, there would be no need for unequalizing incentives so as to benefit the least well-off; instead, people would be motivated by an egalitarian ethos to work hard and in the most socially productive jobs. As such, Cohen appears to offer a way to mitigate the trade-off of equality for efficiency that often characterizes theorizing about distributive justice. This article presents an egalitarian challenge to Cohen’s vision of the just society. I argue that a (...) society where all internalized the egalitarian ethos would be one lacking equal respect among its members, in which certain groups lacked the grounds of self-respect. Section 1 defends equal respect and a form of equality of self-respect as values with broad-based appeal to egalitarians, and argues that a particular form of hierarchy would undermine both equal respect and the grounds of self-respect. Sections 2 and 3 reveal that just such a hierarchy would emerge in a society in which all had internalized the egalitarian ethos, in the case of both carers and the untalented. Thus, Cohen’s proposed society is shown to fail to unite equality and efficiency. Instead, Cohen’s society would be characterized by a lack of equality. (shrink)

Rawls's “public reason” has not been without its critics. One criticism is that public reason is “conservative.” Public reason must rely on those beliefs that are “widely shared” among citizens. But if public reason relies on widely shared beliefs, how can it change without departing from those beliefs, thus violating public reason? In part one of my essay, I introduce the conservatism objection and describe two unsatisfactory responses to it. Part two argues that there are aspects of public reason which (...) diminish the force of the conservatism objection: first, that public reason is historical, and second, that it is mutable. (shrink)

Collective deliberation is fuelled by disagreements and its epistemic value depends, inter alia, on how the participants respond to each other in disagreements. I use this accountability thesis to argue that deliberation may be valued not just instrumentally but also for its procedural features. The instrumental epistemic value of deliberation depends on whether it leads to more or less accurate beliefs among the participants. The procedural epistemic value of deliberation hinges on the relationships of mutual accountability that characterize appropriately conducted (...) deliberation. I will argue that it only comes into view from the second-person standpoint. I shall explain what the second-person standpoint in the epistemic context entails and how it compares to Stephen Darwall’s interpretation of the second-person standpoint in ethics. (shrink)

Rule consequentialism (RC) holds that the rightness and wrongness of actions is determined by an ideal moral code, i.e., the set of rules whose internalization would have the best consequences. But just how many moral codes are there supposed to be? Absolute RC holds that there is a single morally ideal code for everyone, while Relative RC holds that there are different codes for different groups or individuals. I argue that Relative RC better meets the test of reflective equilibrium than (...) Absolute RC. In particular, I contend that Relative RC is superior because it accommodates our convictions about costless benefits. Some have charged that Relative RC threatens our convictions about the generality of moral codes and that it leads inevitably to what Brad Hooker calls “runaway relativism.” I argue that Relative RC has principled reasons for stopping this imagined slide down the slippery slope. (shrink)

This paper seeks to describe and evaluate the work of the late Iris Marion Young as a critical reference point for values and ethics in the social professions. Her credentials are both experiential and theoretical, having studied analytical then postmodern and phenomenological thought, publishing a series of influential books on political and ethical concepts from a critical feminist position. Her theory and practice were closely related: she actively campaigned for feminist and related social causes for many years. The aim is (...) to provide a broad review of her work, with special reference to aspects particularly relevant to the social professions, and some discussion of implications for practice. It is not the intention to set out a systematic framework of concepts but to suggest the fruitfulness of some of her ideas, particularly those relevant to social professionals, and encourage the reader to go back to the original work. (shrink)

I argue that some instances of constitutional religious establishment can be consistent with an expressivist interpretation of democratic legitimacy. Whether official religious endorsements disparage or exclude religious minorities depends on a number of contextual considerations, including the philosophical content of the religion in question, the attitudes of the majority, and the underlying purpose of the official status of the religious doctrine.

Some recent researches in experimental philosophy have posed a problem for philosophers’ appeal to intuition (hereinafter referred to as PAI); the aim of this paper is to offer an answer to this challenge. The thesis against PAI implies that, given some experimental results, intuition does not seem to be a reliable epistemic source, and —more importantly— given the actual state of knowledge about its operation, we do not have sufficient resources to mitigate its errors and thus establish its reliability. That (...) is why PAI is hopeless. Throughout this paper I will defend my own conception of PAI, which I have called the Deliberative Conception, and consequently, I will defend intersubjective agreement as a means to mitigate PAI errors, offering empirical evidence from recent studies on the Argumentative Theory of Reason that favor the conception I defend here. Finally, I will reply to some objections that might arise against the Deliberative Conception, which will lead me to discuss some metaphilosophical issues that are significantly relevant for the future of the dispute about the appeal to intuition. (shrink)

In this paper I offer a distinctive epistemic rationale for the liberal practice of constant and ostentatious reason-giving in the political context. Epistemic trust is essential to democratic governance because as citizens we can only make informed decisions by relying on the claims of moral, scientific, and practical authorities around us. Yet rational epistemic trust is also uniquely fragile in the political context in light of both the radical inclusiveness of the relevant epistemic community (i.e., everyone who participates in the (...) political process) and the conflicting interests bound up in policy debate. I argue that liberal justification is a necessary condition for warranted epistemic trust in this context, and therefore a necessary condition for healthy public inquiry about politically significant questions. (shrink)

In Why Not Socialism ?, G. A. Cohen argues that market society and capitalism are intrinsically repugnant. He asks us to imagine an ideal camping trip, which becomes increasing repugnant as it shifts from living by socialist to capitalist principles. In this paper, I expose the limits of this style of argument by making a parallel argument, which shows how an ideal anarchist camping trip becomes increasingly repugnant as the campsite turns from anarchism to democracy. When we see why this (...) style of argument fails to generate interesting objections to democracy, we then see why it also fails to generate interesting objections to market society. (shrink)

Patients’ medical conditions can result from their own avoidable risk taking. Some lung diseases result from avoidable smoking and some traffic accidents result from victims’ reckless driving. Although in many nonmedical areas we hold people responsible for taking risks they could avoid, it is normally harsh and inappropriate to deny patients care because they risked needing it. Why? A popular account is that protecting everyone’s "decent minimum," their basic needs, matters more than the benefits of holding people accountable. This account (...) is deficient. Protecting the decent minimum is not always served by offering noncompliant patients either nonbasic or basic care. Nor is protecting that minimum always served by unconditional medical care better than by nonmedical interventions. To interpret the decent minimum in democratic terms is a futile response to these challenges. Ideas for new accounts are suggested. (shrink)

The gendered division of labor is the major cause of gender inequality with respect to the broad spectrum of resources, occupations, and roles. Although many feminists aspire to an equality of outcome where there are no significant patterns of gender difference across these dimensions, many have also argued that liberal theories of social justice do not have the conceptual tools to justify a direct attack on the gendered division of labor. Indeed, many critics argue that liberalism positively condones it, presuming (...) that it arises from the free choices of individuals, which must be respected. In this paper I will accept the feminist goal of equality of outcome across roles, occupations, income, and wealth, but will argue that liberal theories of justice are consistent with strong measures aimed at promoting such equality. I will show that liberalism has the conceptual resources to justify a concrete policy measure that goes considerably beyond the measures usually championed by feminists. The example I focus on is “daddy quotas,” which refers to the tagging of a significant part of parental leave for the exclusive use of fathers. (shrink)

Agonism is a political theory that places contestation at the heart of politics. Agonistic theorists charge liberal theory with a depoliticization of pluralism through an excessive focus on consensus. This paper examines the agonistic critiques of liberalism from a normative perspective. I argue that by itself the argument from pluralism is not sufficient to support an agonistic account of politics, but points to further normative commitments. Analyzing the work of Mouffe, Honig, Connolly, and Owen, I identify two normative currents of (...) agonistic theory: emancipatory agonism, aimed at challenging violence and exclusion, and perfectionist agonism, aimed at the cultivation of nobility. From a normative perspective the former presents an internal challenge to liberalism, while the latter constitutes an external challenge to liberalism by providing a competing account of the ends of politics. Recognition of the distinction between emancipatory and perfectionist agonism is crucial in assessing the purchase of agonistic critiques of liberalism. Furthermore, this analysis draws us beyond the simple opposition between contestation and consensus. It is not simply a question of valuing genuine pluralism and therefore criticizing consensus; rather the question comes to be: what are the ends of politics? (shrink)

Amartya Sen argues that for the advancement of justice identification of ‘perfect’ justice is neither necessary nor sufficient. He replaces ‘perfect’ justice with comparative justice. Comparative justice limits itself to comparing social states with respect to degrees of justice. Sen’s central thesis is that identifying ‘perfect’ justice and comparing imperfect social states are ‘analytically disjoined’. This essay refutes Sen’s thesis by demonstrating that to be able to make adequate comparisons we need to identify and integrate criteria of comparison. This is (...) precisely the aim of a theory of justice (such as John Rawls’s theory): identifying, integrating and ordering relevant principles of justice. The same integrated criteria that determine ‘perfect’ justice are needed to be able to adequately compare imperfect social states. Sen’s alternative approach, which is based on social choice theory, is incapable of avoiding contrary, indeterminate or incoherent directives where plural principles of justice conflict. (shrink)

The ‘traditional’ conception of toleration, understood as the putting up with beliefs and practices by those who disapprove of them, has come under increasing attack in recent years for being negative, condescending and judgemental. Instead, its critics argue for a more positive, affirmative conception, perhaps best captured by Anna Elisabetta Galeotti’s idea of ‘toleration as recognition’. In this article, without denying that it is not always the most appropriate form of response to differences, I defend the traditional conception of toleration (...) against its critics. Two principal arguments are advanced in defence of it: the first articulates its role as part of a viable and realistic political theory of modus vivendi, while the second argues that it is only the traditional conception of toleration that makes possible the mutual accommodation of some values that are genuinely antithetical and hostlie to each other. Thus, there remains an important place for the traditional conception of toleration in both political theory and practice. (shrink)