The US military is a globally recognizable force politically, ethically and, to some extent, economically. It is not generally realized, however, that such an influential military force also holds...

:InThe Law of Peoples, John Rawls introduces a framework for realistic utopia, within which the limits of practicable political possibility are probed through the further development of his international theory. This essay addresses the apparent paradox of realistic utopianism within the context of, and in relation to, ideal theory, in an attempt to explore the scope and limits of Rawls’s theory. The ideas behind Rawls’s realistic utopia are discussed in detail, the concept is contrasted with ideal theory in order to (...) assess to what extent Rawls’s framework for realistic utopia introduced inThe Law of Peoplesdiffers from other forms of ideal theory, and the limits of realistic utopianism are identified.I argue first, that, in an attempt to address the potential feasibility constraint, Rawls tries to distinguish his framework of realistic utopia from that of more traditional ideal theory. I then proceed to examine the differences between realistic utopianism inThe Law of Peoplesand ideal theory inA Theory of Justice. I then conclude that Rawls only partially meets the challenge of establishing practicable political possibility. In actuality, Rawls’s focus on ideal agents in ideal as well as nonideal theory, together with his emphasis on societies as closed and self-sufficient, ignores the potential for noncompliance by liberal and decent societies, as well as interdependencies between societies that can cause or lead to injustice, conflict, and instability. I argue that despite these flaws, Rawls’s approach nevertheless provokes new insights into the function of the principles of the ideal theory framework as guidelines for real-world policies striving toward peace, stability, and justice. (shrink)

How to hospitably welcome refugees and migrants presents urgent questions for social and political thought. Current debates can be attributed to three discursive fields. Liberal versions hold that there are good reasons for political and legal limits of hospitality, critical perspectives advocate a renewed cosmopolitanism and, finally, deconstructive perspectives focus on the demand of unconditional hospitality as an absolute ethical requirement. These concepts trouble the conventional congruence of citizenship and bounded territory that make up modern nation states, on the one (...) hand. On the other hand, they affirm the rights of political communities to decide on the contents and the extent of the universal duty to host those endangered. Taking the Mediterranean and the local arena (Lampedusa) as the example, the article, which is based on extensive, multi-sited anthropological field research, engages with the tensions and limits inherent in current notions of hospitality. (shrink)

It is often assumed that people of faith should not endorse a law for religious reasons, since such an endorsement is considered to be disrespectful. Such a position is increasingly opposed by scholars who argue that such demands unjustifiably force people of faith to compromise their religious ideals. In order to defend their opposition to such demands, some scholars have invoked thought experiments as reductio arguments against the claim that endorsing laws dependent on religious reasons is necessarily disrespectful. I argue (...) that these attempts have failed, and present an alternative thought experiment that demonstrates that such a law is not necessarily disrespectful. Because I conclude that previously proposed principles cannot defend this conclusion, I defend an alternative way of accommodating this intuition; a post-secular deliberative approach based on the principle of double effect. (shrink)

Modern society makes extensive use of automated algorithmic decisions, fueled by advances in artificial intelligence. However, since these systems are not perfect, questions about fairness are increasingly investigated in the literature. In particular, many authors take a Rawlsian approach to algorithmic fairness. This article aims to identify some complications with this approach: Under which circumstances can Rawls’s original position reasonably be applied to algorithmic fairness decisions? First, it is argued that there are important differences between Rawls’s original position and a (...) parallel algorithmic fairness original position with respect to risk attitudes. Second, it is argued that the application of Rawls’s original position to algorithmic fairness faces a boundary problem in defining relevant stakeholders. Third, it is observed that the definition of the least advantaged, necessary for applying the difference principle, requires some attention in the context of algorithmic fairness. Finally, it is argued that appropriate deliberation in algorithmic fairness contexts often require more knowledge about probabilities than the Rawlsian original position allows. Provided that these complications are duly considered, the thought-experiment of the Rawlsian original position can be useful in algorithmic fairness decisions. (shrink)

Does neo-Rawlsian political philosophy offer an adequate account of the social conditions of capitalism? In this paper, I present two arguments for thinking that it does not. First, I develop a historicist critique of liberal egalitarianism, arguing that it provides a vision of social reality that is intimately connected to the historical and ideological constellation that I call postwar liberalism, and as such cannot account for social reality since the neoliberal revolutions of the late twentieth century. Second, I explore arguments (...) in Marxist and critical social theory that cast liberal egalitarianism as partial, on account of its inadequate portrait of capitalist society. In surveying responses to these critiques, I argue that merely extending liberal egalitarianism into new domains to account for how contemporary circumstances have changed since the mid-twentieth century cannot address the problem of its partial view of the social world. Taking seriously the insights of critical social theory and the study of capitalism should lead to a challenge to liberal egalitarianism, not an extension of it. (shrink)

The present article explores ‘anti-cosmopolitan’ arguments that shared institutions above the state, such as there are, are not of a kind that support or give rise to distributive claims beyond securing minimum needs. The upshot is to rebut certain of these ‘anti-cosmopolitan’ arguments. Section 1 asks under which conditions institutions are subject to distributive justice norms. That is, which sound reasons support claims to a relative share of the benefits of institutions that exist and apply to individuals? Such norms may (...) require strict equality, Rawls’ Difference Principle, or other constraints on inequality. Section 2 considers, and rejects, several arguments why existing international institutions are not thought to meet these conditions. (shrink)

These reflections elaborates the theory of The Idea of Human Rights by addressing a topic that theory attempts to bracket: international and regional judicialization in the form of international courts and tribunals. Using the method of reflective equilibrium, the article argues that this exclusion is inconsistent. Including these international courts and tribunals (‘ICs’) prompts several changes to the original theory, and opens new research questions. The original theory is on the one hand too narrow regarding both the objectives and tools (...) of international mechanisms of corrective concern. The account should consider further subsidiary modes of support. On the other hand the theory is too broad, in that it gives insufficient guidance to the judges of ICs and others able to effect changes. This leaves the theory incomplete, and open to similar criticism as the book raised against others. Accounts of the theory presented in The Idea of Human Rights,and of ICs and their roles regarding human rights allow us to explore some implications of ICs for The Idea of Human Rights.We then consider how if at all The Idea of Human Rights can guide international judges. (shrink)

European Journal of Philosophy, EarlyView.

Abstract: Would a global commitment to international human rights norms provide enough of a sense of community to sustain a legitimate and sufficiently democratic global order? Sceptics worry that human rights cannot help maintain the mutual trust among citizens required for a legitimate political order, since such rights are now too broadly shared. Thus prominent contributors to democratic theory insist that the members of the citizenry must share some features unique to them, to the exclusion of others—be it a European (...) identity ( Habermas and Derrida 2003 ) or a national public culture generally shared only by the members ( Miller 1995, 2000 ). This essay considers and rejects these arguments. While stable, democratic redistributive arrangements do require trust and institutionalised means of trustworthiness; they need not rely on norms or values that distinguish members from non-members: such exclusion is not required. Thus human rights may be part of a common political identity. (shrink)

We analyze the role of ethical values in the determination of the social cost of carbon, arguing that the familiar debate about discounting is too narrow. Other ethical issues are equally important to computing the social cost of carbon, and we highlight inequality, risk, and population ethics. Although the usual approach, in the economics of cost-benefit analysis for climate policy, is confined to a utilitarian axiology, the methodology of the social cost of carbon is rather flexible and can be expanded (...) to a broader set of social-welfare approaches. [Open access]. (shrink)

In recent literature on utopianism, in particular non-ideal and realist work, the distinction between scepticism and non-scepticism has been to the fore. The main concern of this article, in contra...

It has been common for researchers and commentators within the discipline of Social and Public Policy to evoke Rawlsian theories of justice. Yet some now argue that the contractualist tradition cannot adequately incorporate, or account for, relations of care, respect and interdependency. Though contractualism has its flaws this article proposes that we should not reject it. Through a critique of one of its most esteemed critics, Martha Nussbaum, it proposes that contractualism can be defended against the capabilities approach she prefers. (...) The article concludes by suggesting how and why the moral philosophy of Thomas Scanlon offers a basis for reconciling the strengths of a contractualist, egalitarian liberalism with those of Nussbaum’s capabilities approach. (shrink)

This article brings interconnects three debates to show what this might imply for the ‘redemocratisation’ of UK society and for pedagogical reform. One debate concerns deliberative types of democratic reform, arguing in favour of a ‘creative agnosticism’ towards the two philosophical frameworks which dominate this literature. This leads into a discussion of education and critical rationality, arguing for an aptitude-based account of moral agency, one which relates to the sociocultural resources we inherit from the past. The final debate therefore concerns (...) social memory. I do not offer a theory of social memory but critique various commentators in arguing for what I call a ‘multipolar analysis’. This both describes the analytical method adopted in this article and the skills and capacities which a system based upon ‘education for discourse’ would need to facilitate. The article therefore proposes that democracy, education and memory—deliberativeness, critical rationality and social remembering—be brought closer together for the mutual benefit of each debate. (shrink)

One thing that has to be considered in this process is the place of philosophy itself (Williams 2011 [1985], 4). Politicians often argue that they have no right to keep their hands clean, and that...

This article addresses the issue of future cosmopolitanism, building on a minimal reconstruction of what cosmopolitanism has been in the past. It will elucidate the notion of ‘political’ cosmopolitanism in its relation to a certain methodological option which is designated by the shorthand term ‘judgment’. Cosmopolitanism is not a new idea but a new version of it is constituted by ‘political’ cosmopolitanism, bound up with a judgmentbased, as opposed to principle-based, understanding of normativity.

Social choice and welfare economics are subjects at the frontier of many disciplines. Even if economics played the major role in their development, sociology, psychology and, principally, political science, mathematics and philosophy have been central for the manifold inventiveness of the employed methods and for the diversity of the studied topics. This phenomenon can be compared with game theory, a subject which has, of course, many connections with social choice and welfare. This fact is reflected by the disciplinary origins of (...) the contributors to the subject and, as an anecdote, by the disciplinary origins of the board of editors of this journal. Philosophers are expected to contribute mainly to the study of social justice and related ethical questions. But there is a tradition among logicians for studying voting theory. A famous example is C. L. Dodgson (Lewis Carroll), even though the complete works of Dodgson on voting occupy only a few pages. A major recent example is Michael Dummett. Michael Dummett is famous among social choice theorists for his joint paper with Robin Farquharson published in Econometrica in 1961. Later he wrote two important books on voting (Dummett (1984, 1997); for an overview see Salles (2006)). But it must be outlined that Michael Dummett is also, and above all, one of the greatest contemporary philosophers whose work on the German logician Frege, on intuitionism, realism, anti-realism, justificationism has been central for the development of analytical philosophy in the second part of the last century and in this century (an example is the Symposium in a recent issue of Mind (see Peacocke (2005) and Dummett (2005)). Sir Michael Dummett is Wykeham Professor of Logic emeritus at Oxford University. His interview was conducted at New College, Oxford in September 2004. (shrink)

A good deal of political theory over the last fifteen years or so has been shaped by the realization that one cannot, and ought not, consider the distribution of resources within a country in isolation from the distribution of resources between countries. Thus, thinkers such as Charles Beitz and Thomas Pogge advocate extensive global distributive policies; others, such as Charles Jones and David Miller, explicitly reject the view that egalitarian principles of justice should apply globally and claim that national communities (...) have only duties to help other countries be viable economically and meet the basic needs of their members. In the global justice debate, pretty much all parties acknowledge that we have obligations of distributive justice to for-eigners. The question is how strong those obligations are, and in particular whether national boundaries can make any difference to the distribution of resources between members of different countries. (shrink)

This is a review article of Charles Beitz's 2009 book on the philosophy of human rights, The Idea of Human Rights. The article provides a charitable overview of the book's main arguments, but also raises some doubts about the depth of the distinction between Beitz's 'practical' approach to humans rights and its 'naturalistic' counterparts.

In this paper we claim that Rawls’s theory is compatible with the absence of rectification of extremely important historical injustices within a given society. We hold that adding a new principle to justice-as-fairness may amend this problem. There are four possible objections to our claim: First, that historical rectification is not required by justice. Second, that, even when historical rectification is a matter of justice, it is not a matter of distributive justice, so that Rawls’s theory is justified in leaving (...) it unaddressed. Third, that dealing with historical injustice is outside of the scope of ideal theory, so that even when historical rectification is required by justice, Rawls’s theory starts with the assumption that no such historical injustice has occurred. Fourth, that while historical injustice is within the scope of Rawls’s theory, there is no need for further principles of justice to deal with it, so that the correct regulation of the principles of justice-as-fairness would ensure the rectification of all relevant historical injustices of a particular society. While we offer several arguments against the first and second objections, we address the last two at length and show that both fail. (shrink)

This paper offers an analysis of how normative theories on global poverty make assumptions regarding the geography of global poverty and global power constellations. I follow some recent global developments relevant to these assumptions, and ask whether normative theorizing should react to these developments. I argue that while accounts of global justice are not explicitly committed to any particular empirical ideas, the global justice discourse reflects the specific socioeconomic and geopolitical context in which it emerged, and that this context is (...) currently giving way to a somewhat different reality. I suggest some preliminary starting points for a normative theory which would reflect the contemporary conditions more accurately. These starting points include shifting the focus of theorizing from relations between rich and poor countries to inequalities on various levels, and the notion of a complex institutional site of global justice. (shrink)

Against the well-established critical rejection of rights a growing literature in the tradition of agonistic democracy asserts their emancipatory role in the struggles for social change. However, agonistic theorists, invested as they are in the idea of democratic innovation as a process of gradual ‘augmentation’ of existing rules, institutions and practices, fail to account for the ruptural capacity, and hence for the full radical potential, of rights. Using the performative approach, I develop a conception of rights claiming as a defiant (...) practice to express the ruptural dimension of certain forms of rights politics. I demonstrate how defiant rights claiming articulates immanent critique by declaring the incapacity of putative duty-bearer institutions and governments to uphold the claimed right due to structural constraints, thereby generating inevitable contradictions within the extant order and creating the necessity for an alternative one. Moreover, in order to fully capture the emancipatory potential and creative capacity of rights, this article argues for understanding certain forms of rights politics both as augmentation and rupture, taking the two to be different dimensions of the same radical democratic practice. I present the creative use of rights discourse by the Landless Workers’ Movement in Brazil and the transnational network of agrarian movements, La Via Campesina, as precisely such a combination of the practice of augmentation and defiant claims, which has led to the transformation of the right to food and land into the right to food sovereignty, demonstration of the structural embeddedness of rights violations in the existing global regime of food production and distribution, and authorisation of an alternative vision of the future. (shrink)

Ratio Juris, Volume 35, Issue 2, Page 123-138, June 2022.

This paper examines a remarkable document that has escaped critical attention within the vast literature on John Rawls, religion, and liberalism: Rawls's undergraduate thesis, "A Brief Inquiry into the Meaning of Sin and Faith: An Interpretation Based on the Concept of Community" (1942). The thesis shows the extent to which a once regnant version of Protestant theology has retreated into seminaries and divinity schools where it now also meets resistance. Ironically, the young Rawls rejected social contract liberalism for reasons that (...) anticipate many of the claims later made against him by secular and religious critics. The thesis and Rawls's late unpublished remarks on religion and World War II offer a new dimension to his intellectual biography. They show the significance of his humanist response to the moral impossibility of political theology. Moreover, they also reveal a kind of Rawlsian piety marginalized by contemporary debates over religion and liberalism. (shrink)

As even those who endorse it concede, cosmopolitanism has a motivational problem. There is a need for strategies to generate support of global norms conducive to cosmopolitanism, but which do not rely primarily on the motivating force of the moral argument. This article makes the case for civic vigilance as an answer to this problem. It argues that support for cosmopolitan norms could be advanced by encouraging a recognition of the ‘boomerang effect’: the ways in which global injustice undermines the (...) freedom of one’s own political community. The article offers evaluative criteria for different motivational strategies, assesses prominent alternatives to moral motivation, and finally defends the appeal to civic vigilance. (shrink)

Contemporary Christians are separated by foundationally disparate understandings of Christianity itself. Christians do not share one theology, much less a common understanding of the significance of sin, suffering, disease, and death. These foundational disagreements not only stand as impediments to an intellectually defensible ecumenism, but they also form the underpinnings of major disputes in the culture wars, particularly as these are expressed in healthcare. There is not one Christian bioethics of sin, suffering, sickness, and death. In this article, the character (...) of the moral-theological visions separating the various Christianities and thus their bioethics is examined. Particular emphasis is placed on the differences that set contemporary Western theology at odds with the theology of the Christianity of the first millennium. As is shown, the ground for this gulf lies in the divide between traditional and post-traditional views of the appropriate role of philosophy in theology, a difference rooted in disparate understandings of the meaning of church and of the meaning of the logos, the Son of God. (shrink)

Europe has taken on a new, post-Christian, if not a somewhat anti-Christian character. The tension between Western Europe's ever more secular present and its substantial Christian past lies at the heart of Western Europe's current struggle to articulate a coherent cultural and moral identity. The result is that Western European mainline churches are themselves in the midst of an identity crisis, thus compounding Western Europe's identity crisis. Christian bioethics in Europe exists against the backdrop of these profound cultural cross currents (...) that define the European condition, engender conflicts regarding the meaning of being Western European and being Christian, and bring the public significance and role of Western European bioethics, especially Western European Christian bioethics, into question. The dominant culture of the public forum is post-Christian and post-traditional, although traditional Christianity still asserts its voice. Denis Müller in his paper has clarified the choice between a traditional-fundamentalist Christian Bioethics and a revisionist, progressive Christian Bioethics. (shrink)

The debate concerning solidarity and justice among states has missed the key contribution made to international affairs by corrective justice. Unlike distributive justice, which applies within states, corrective justice applies among states. It applies in particular to cooperative arrangements creating interdependence among them. Corrective justice does not require fairness in outcomes. It requires redress in cases of loss caused by unfairness. An illustration of corrective justice among states is the Eurozone’s response to the financial crisis. The assistance offered to the (...) most burdened states was not as an attempt to arrive at fair shares but an attempt to remedy the losses unfairly caused by the mistakes made by the Eurozone as a whole, when designing its basic architecture. (shrink)

Defenders of current restrictions on EU immigrants’ access to welfare rights in host member states often invoke a principle of reciprocity among member states to justify these policies. The argument is that membership of a system of social cooperation triggers duties of reciprocity characteristic of welfare rights. Newly arriving EU immigrants who look for work do not meet the relevant criteria of membership, the argument goes, because they have not yet contributed enough to qualify as members on the grounds of (...) reciprocity. Therefore, current restrictions on their access to welfare rights are justified. In this article, I challenge this argument by showing how restrictions on EU immigrants’ access to welfare rights are inconsistent with duties of international reciprocity. There are different variations of this challenge, but my focus here will be on one that uses a veil of ignorance device to support this claim. What matters from a perspective concerned with international reciprocity, I will argue, is what kind of welfare policy EU member states would choose were they not to know whether those receiving EU migrants were net contributors or net beneficiaries to the relevant scheme of international cooperation made possible by the four freedoms, and freedom of movement in particular. I argue that framing the requirement of reciprocity in this way provides a more comprehensive understanding of what should count as an ‘unreasonable burden’ on the welfare systems of host member states. The paper also examines alternative accounts of ‘unreasonable burdens’. It shows when and how the current institutional structure of the EU could take steps to deal with such burdens by preventing member states from gaming a comprehensive system of welfare rights protections across member states and by recognising the achievements of those member states that best serve them. (shrink)

Populists in the EU often call for restrictions on EU immigrants’ access to welfare rights. These calls are often demagogic and parochial. This paper aims to show what exactly is both distinct and problematic with these populist calls from a normative point of view while not necessarily reducible to demagogy and parochialism. The overall aim of the paper is not to argue that all populists call for such restrictions nor to claim that all calls for such restrictions are populist. The (...) purpose of the paper is rather humble. It only aims to show that populist calls for restrictions on EU immigrants’ access to welfare rights are characterised by two normatively problematic arguments that target two different subsets of the citizenry: what I dub for the purpose of this paper the moralists and the immoralists. It is the way populists address these two subsets of the citizenry, as well as the fact that they could simultaneously appeal to the concerns of both groups, that makes populist approaches to welfare rights both conceptually distinct to other approaches as well as potentially politically appealing to a more diverse population of voters. (shrink)

The article critically examines the neo-Republican conception of respect put forward by Philip Pettit in Robust Demands of the Good. The paper argues that Pettit’s treatment of respect as a rich good in RDG is too thin in some ways, but too rich in others. There are four critical claims to support this argument. First, that both invading the domain of basic liberties, and failing to protect and resource the capacity to exercise choice, constitute individually sufficient conditions for disrespectful treatment, (...) and that the protection and resourcing of basic liberties are both relevant domains over which an appropriate disposition is also necessary for the provision of the rich good of respect. Second, that it is unnecessary and undesirable to rely on local conventions to provide a specification of the treatment that the status of respect requires. Third, that providing respect as a rich good in conditions of reasonable pluralism implies treating minorities in a disrespectful way. Fourth, that the role given to law in supporting the provision of the rich good of respect leads to a difficult dilemma for Pettit: either the full enjoyment of respect is not possible in nearby worlds, or it is only possible in ideal conditions that are far from nearby worlds. (shrink)

ABSTRACT: Debates about global distributive justice focus on the gulf between the wealthy North and the impoverished South, rather than on issues arising between liberal democracies. A review of John Rawls’s approach to international justice discloses a step Rawls skipped in his extension of his original-position procedure. The skipped step is where a need for the distributional autonomy of sovereign liberal states reveals itself. Neoliberalism denies the possibility and the desirability of distributional autonomy. A complete Rawlsian account of global justice (...) shows the necessity and possibility of a charter between liberal states, assuring each a proper minimum degree of distributional autonomy. (shrink)

Most contemporary advocates of the Just War Tradition (JWT) condemn religious war. If they are correct, waging war should be a secular affair, fully justifiable on non-religious grounds. This secularized understanding of the JWT draws on normative commitments that lead many political theorists to advocate in favor of a secularized politics in western liberal polities. As a matter of historical fact and contemporary commitment, many Muslims have rejected the secularized conception of the morality of war found in contemporary conceptions of (...) the JWT. I argue that, given appropriate distinctions between relevantly different kinds of religious war, advocates of the JWT have excellent reason to rethink their antipathy to religious war. Specifically, I argue that distinct kinds of religious war can enjoy differential normative standing and that there is no compelling reason to believe that religiously justified wars must be waged in a morally improper manner, viz., in a way that violates the JWT's in bello requirements. (shrink)

ABSTRACT We live in a world with enormous disparities in health. The life expectancy in Japan is 80 years; in Malawi, 40 years. The under‐five mortality in Norway is 4/1000; in Sierra Leone, 316/1000. The situation is actually worse than these figures suggest because average rates tend to mask inequalities within a country. Several presidents of the IAB have urged bioethicists to attend to global disparities and to broaden the scope of bioethics. For the last six years I have tried (...) to do just that. In this paper, I report and reflect on my attempts to teach bioethics in ways that address global health and justice. To begin, I discuss how I structure bioethics courses so as to move naturally from clinical ethics to health policy to global health. I then discuss ways to address key ethical issues in global health: the problem of inequalities; the nature of the duty to assist; the importance of the duty not to harm; the difference between a cosmopolitan and a political view of justice. I also discuss how teaching about global health may help to shift the emphasis in bioethics – from sensational cases to everyday matters, from autonomy to justice, and from access to healthcare to the social determinants of health. At the end of my paper, I reflect on questions that I have not resolved: how to delineate the scope of bioethics, whether my approach over‐politicises bioethics, and how to understand the responsibilities of bioethicists. (shrink)

In this paper, I argue that universities ought to account for the diverse conceptions of the good employed by their students. The complex nature of the good of education, which has both instrumental and intrinsic aspects, means that the modern university should be impartial between students who consume this good for itself or as a means towards more fulfilling goals. The discussion on the intrinsic nature of education follows the line of the Humboldtian perspective. The instrumental benefits considered are the (...) better democratic outcomes reached by having an educated population, the autonomy-facilitating character of higher education and the improvement of marketable skills. I put forward the view that achieving a balance between satisfying the needs of students valuing education intrinsically and those of students valuing it instrumentally is a strategy that should be employed by universities if they aim at regaining their imperiled legitimacy. (shrink)

In this paper I make a contribution to three distinct, but deeply interwoven subjects. Firstly, I argue that, at the level of ideal theory, the distribution of educational goods should follow a sufficientarian pattern and that the evaluative space of children’s advantage should be inspired by the capability approach. Secondly, the paper is delving into the more policy-oriented debates on the desirability of school choice. I argue that, given the non-ideal circumstances in which decision makers have to act, giving parents (...) the opportunity to choose the school for their children is a sine qua non condition for even approaching the ideals of sufficientarian justice. Lastly, I move the discussion on more empirical grounds, advancing a criticism of the Romanian educational legislation. I argue that the sufficiency-constrained school choice system that I envision could solve some of the problems that the Romanian educational system faces today. (shrink)

For years business ethics has limited the moral duties of enterprises to negative duties. Over the last decade it has been argued that positive duties also befall commercial agents, at least when confronted with large scale public problems and when governments fail. The argument that enterprises have positive duties is often grounded in the political nature of commercial life. It is argued that agents must sometimes take over governmental responsibilities. The German republican tradition argues along these lines as does Nien-Hé (...) Hsieh. Agents in commercial life are bound by positive duties because at some point they become citizens that must take on the responsibilities of the state. In this paper we leave undisputed the claim that corporations must acknowledge positive duties. However, we demonstrate that the political grounding fails, at least in the sense that this theory insufficiently acknowledges a long standing liberal tradition that vindicates apolitical markets and clear borderlines between politics and economics. We carve out an alternative route to the grounding of one specific positive duty—the duty to further justice. Our argument is based on the moral nature of commercial agents and tries to demonstrate that the duty to further justice ensues from liberalism. Taking a Kantian perspective, it conceptualizes the duty to further justice as a moral duty, orientated toward the political domain. It is grounded in the obligation to attain moral autonomy in the civil condition. (shrink)

I suggest that the social justice issues raised by Internet regulation can be exposed and examined by using a methodology adapted from that described by John Rawls in 'A Theory of Justice'. Rawls' theory uses the hypothetical scenario of people deliberating about the justice of social institutions from the 'original position' as a method of removing bias in decision-making about justice. The original position imposes a 'veil of ignorance' that hides the particular circumstances of individuals from them so that they (...) will not be influenced by self-interest. I adapt Rawls' methodology by introducing an abstract description of information technology to those deliberating about justice from within the original position. This abstract description focuses on computing devices that users can use to access information and information networks that information devices use to communicate. The abstractness of this description prevents the particular characteristics of the Internet and the computing devices in use from influencing the decisions about the just use and regulation of information technology and networks. From this abstract position, the principles of justice that the participants accept for the rest of society will also apply to the computing devices people use to communicate, and to Internet regulation. (shrink)

The climate crisis has implications for the idea of justice. The paper explores this idea to inquire whether climate change wrongs animals and, if it does, how these wrongs are constitutive of an injustice. The first question is answered in the positive to then propose an answer to the second question through an account of climate injustice articulated as a problem of distribution of ecological space. On that basis, the general conclusion of the paper is that at least some harms (...) suffered by animals are constitutive of climate distributive injustices. They are cases of wrongful appropriation of ecological space, that is, of the benefits that the Earth’s life-support systems and its physical resources provide to sentient animals. These are wrongs against animals that should be condemned, prohibited and redressed. (shrink)

The Fallibility Norm—the claim that we ought to take our fallibility into account when managing our beliefs—appears to conflict with several other compelling epistemic norms. To shed light on these apparent conflicts, I distinguish two kinds of norms: norms of perfection and norms of compensation. Roughly, norms of perfection tell us how agents ought to behave if they’re to be perfect; norms of compensation tell us how imperfect agents ought to behave in order to compensate for their imperfections. I argue (...) that the Fallibility Norm is a norm of compensation, and that thinking of it like this helps us make progress in debates surrounding disagreement, higher-order evidence, and coherence. (shrink)

This essay discusses how international political theory can become more receptive towards Islamism. The central claim is that Islamism can be interpreted as a form of communitarianism. To underpin this claim, the study relies on an analysis of how the concepts of community and person are conceived in communitarianism and Islamism. On the basis of the affinities of these conceptions between Islamism and communitarianism the essay shows that Islamism can be interpreted as a form of communitarianism. The study then concludes (...) that understanding Islamism as communitarianism produces a common space for public reasoning which would deserve more consideration from political theorists. Secondly Islamism as communitarianism reassesses the possibility of a political theory engagement with Islamist theory that can benefit the recognition of human rights norms in circumstances in which Islamism is particularly influential. (shrink)

In The Law of Peoples, John Rawls offers an idea of international public reason that governs the relationship between liberal and decent peoples. This article begins by considering the relationship between liberal peoples and the form of public reason that they would deem acceptable. It ultimately argues that there is an international public reason that is common to minimally just states that is different from what would be found in the law of peoples. The applicability and content of this version (...) of international public reason is governed by the possibility of states associating with one another in what I call an international friendship. Minimally just states would accept the importance of reasons for being attentive to how their actions can affect the just arrangements of other minimally just states. The reason of international friendship presents the possibility of competing international publics with their own form of reason. (shrink)

The secession of prosperous regions may negatively affect the redistributive scheme of an established state. As a consequence, the capacity of its welfare system to support the inhabitants of poorer regions may be significantly reduced. Some authors assert that affluent groups who opt for full political independence violate duties of solidarity. This objection to the secession of prosperous regions can be based on different views of distributive justice. Here, following a distinction that has been introduced by Allen Buchanan, ‘subject centred’ (...) and ‘justice as reciprocity’ theories are explored. It is argued that both theories fail to support the case against the secession of wealthy groups. ‘Subject centred’ theories cannot explain special duties toward compatriots, whereas ‘justice as reciprocity’ theories cannot justify restrictions on exit rights. However, this does not mean that separatists have no moral duties vis-à-vis their fellow citizens. They are obliged to dissolve the political union in a fair way, e.g., by accepting responsibility for some share of the public debts. (shrink)

Por que a teoria política normativa voltada para questões de justiça social e política deveria se ocupar de princípios no âmbito daquilo que John Rawls denominou “teoria ideal”, em contraste com a “teoria não ideal” da justiça? Será que necessitamos desenvolver e refinar uma teoria ideal da justiça para determinar o que a justiça requer nas condições não ideais com as quais no defrontamos? Será que a “teoria ideal” da justiça é capaz de orientar a ação – decisões políticas e (...) escolhas institucionais – em condições não ideais? Se a resposta para essas duas perguntas for “não”, então deveríamos acima de tudo nos empenhar em desenvolver uma teoria não ideal da justiça. Nas versões mais fortes dessa objeção, como a de Amartya Sen em The Ideia of Justice, podemos dispensar inteiramente a teoria ideal da justiça. Contra essa linha de objeção, que também é sustentada, de formas distintas, por autores como Onora O’Neill, Colin Farrelly e Charles Mills, este artigo desenvolve uma argumentação em duas etapas. Em primeiro lugar, sustenta-se que há razões para valorizar a teorização ideal que são independentes da relação que possa ter com a teoria não ideal. Em uma segunda etapa, sustenta-se que a teoria ideal da justiça, embora deixe enorme quantidade de trabalho (empírico e normativo) a ser feito, é imprescindível para determinar o que a justiça requer de nós aqui e agora. (shrink)