John Rawls’ The Law of Peoples has typically been read as an intervention in the field of ‘global justice’. In this paper, I offer a different and widely overlooked interpretation. I argue that The Law of Peoples is a secular theodicy. Rawls wants to show that the 'great evils' of history do not condemn humankind by using a secularised form of moral faith to search for signs that the social world allows for the possibility of perfect justice. There are, I (...) show, striking homologies between this argument and the Christian theodicy that Rawls wrote in 1942, A Brief Inquiry into the Meaning of Sin and Faith. Perhaps more significantly, I draw out how there is, as Rawls himself appears to acknowledge, an intimate relationship between this redemptive project and Rawls' idealistic and moralistic approach to political philosophy. (shrink)

The paper analyzes Rawls's moral psychology and the claim that a just society must foster a sufficiently strong sense of justice. When Rawls investigates the development of the sense of justice under a just basic structure, he tacitly narrows down the focus: he only demonstrates the development of a sense of justice on the premise that all members of society are already in possession of a full-fledged sense of justice, save the one individual under investigation. This begs the question, largely (...) presupposing what needs to be explained, namely, how citizens at large develop a sense of justice. Rawls's narrowing of perspective leads to distortions in the analysis of stability, particularly with regard to a property-owning democracy. However, in lesser known parts of his work, Rawls offers clues for a more plausible account. Here, the idea is that institutions must be structured such that they enable all of us to nurture the sense of justice of each of us. With this idea of collective self-transformation in place, it becomes clear that economic institutions must be broadly democratized because of their profound educational role. Thus, the choice between a property-owning democracy and liberal socialism falls more strongly upon the latter. (shrink)

Trata-se da tradução do artigo "The Sense of Justice", de John Rawls, publicado originalmente emThe Philosophical Review, Jul., 1963, Vol. 72, No. 3, pp. 281-305.

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

More than twenty years after its original publication, _The Case for Animal Rights _is an acknowledged classic of moral philosophy, and its author is recognized as the intellectual leader of the animal rights movement. In a new and fully considered preface, Regan responds to his critics and defends the book's revolutionary position.

This study aims at discovering the essential constituents involved in the experiences of guilt and shame. Guilt concerns a subject’s action or omission of action and has a clear temporal unfolding entailing a moment in which the subject lives in a care-free way. Afterwards, this moment undergoes a reconstruction, in the moment of guilt, which constitutes the moment of negligence. The reconstruction is a comprehensive transformation of one’s attitude with respect to one’s ego; one’s action; the object of guilt and (...) the temporal-existential experience. The main constituents concerning shame are its anchorage in the situation to which it refers; its public side involving the experience of being perceptually objectified; the exclusion of social community; the bodily experience; the revelation of an undesired self; and the genesis of shame in terms of a history of frozen now-ness. The article ends with a comparison between guilt and shame. (shrink)

Although it does not appear on many traditional lists of the virtues, respect for human dignity is an important virtue in its own right that is characterized as much by emotions as by other mental states and actions. The virtue of respect for human dignity essentially involves the dispositions to feel the emotion of respect for the dignity of others and an emotional sense of one’s own dignity. As exemplified by Nelson Mandela, this virtue also involves a keen perceptual sensitivity (...) to humiliating and degrading treatment, along with dispositions to protest, correct, and prevent such treatment. The person with the virtue of respect for human dignity also will be disposed to feel indignation toward willful violations of human dignity, compassion for those whose dignity is violated, and various positive emotions in response to victories for human dignity. Although this virtue closely resembles other, more widely recognized, virtues, such as justice and love, it nevertheless is appropriate to treat respect for human dignity as a distinct virtue, as well as an emotion. (shrink)

Most discussions of Rawls’s philosophy tend to neglect the strong communitarian strand of his theory: so much so that in the debate between liberals and communitarians Rawls’s account of community has been for the most part intriguingly absent. This article is an attempt to fill in the gap by offering a discussion of the Rawlsian understanding of community as it was presented in A Theory of Justice and its possible implications for a pluralist society. At the same time, I want (...) to take issue with one of the most influential critiques leveled against Rawls’s conception of the self: namely, Sandel’s critique of the ‘individuated subject’ that, in his view, underlies justice as fairness. Rawls’s constructions, so Sandel argues, rest on an unencumbered self that is individuated in advance and whose identity is fixed once and for all. (shrink)

This article argues that Honneth’s ‘plural conception of justice’, founded on a theory of recognition, does not succeed in distancing itself from Rawls’ liberal theory of justice. The article develops its argument by evaluating three major objections to Rawls’ liberalism raised by Honneth in his recent articles on justice: namely, first, that the parties responsible for choosing principles of justice are too individualistic and their practical reasoning too instrumentalist; second, that by taking as its ‘object-domain’ the negative liberty of persons, (...) Rawls’ theory fails to promote the actual realization of liberty; and finally, that Rawls’ method of principle justification undermines the ‘priority’ of its Kantian ‘formality’ by presupposing a substantive commitment to a conception of individual good. Arguing that Honneth’s interpretation of Rawls’ theory contains important errors, the article concludes that both theories share the basic intention of securing for all citizens the material and institutional conditions for the actualization of otherwise merely formal liberties or, in Honneth’s terms, mutual self-realization. (shrink)

Mark Rowlands argues that, contrary to the dominant view, a Rawlsian theory of justice can legitimately be applied to animals. One of the implications of doing so, Rowlands argues, is an end to animal experimentation. I will argue, contrary to Rowlands, that under a Rawlsian theory there may be some circumstances where it is justifiable to use animals as experimental test subjects (where the individual animals are benefited by the experiments).

Coercion is by its very nature hostile to the individual subjected to it. At the same time, it often is a necessary evil: political life cannot function without at least some instances of coercion. Hence, it is not surprising that coercion has been the topic of heated philosophical debate for many decades. Though numerous accounts have been put forth in the literature, relatively little attention has been paid to the question what exactly being subjected to coercion does to an individual (...) that makes it so hostile to his person. This paper develops an analysis of the subjective aspect of coercion whereby this hostility is explained. It is argued that coercion is not just a matter of interference with one's agency, but also affects one's morality. Because coercion is a form of subjugation it does more than merely limit one's freedom, it constitutes an affront to one's dignity as well. A new account of coercion is developed that pays particular attention to the subjectivity inherent in coercion. This account takes a middle ground in the ongoing debate between advocates of moralised and non-moralised conceptualisations of coercion. The paper closes by applying this account to two prominent issues in the literature on coercion: the use of coercion claims in attempts to avoid being held responsible for one's actions, and the coercíveness of the law. (shrink)

Punishment involves deliberating harming individuals. How, then, if at all, is it to be justified? This, the first of three papers on the philosophy of punishment (see also 'Punishment: Nonconsequentialism' and 'Punishment: The Future'), examines attempts to justify the practice or institution according to its consequences. One claim is that punishment reduces crime, and hence the resulting harms. Another is that punishment functions to rehabilitate offenders. A third claim is that punishment (or some forms of punishment) can serve to make (...) restitution to victims, and a fourth is that it can strengthen social values. The paper examines these claims, and finally considers pluralist theories which combine retributive and harm-reductive or utilitarian considerations. (Retributive theories are examined in their own right in 'Punishment: Nonconsequentialism'.). (shrink)

The fact that humans have a special relationship to each other insofar as they belong in the same species is often taken to be a morally relevant difference between humans and other animals, one which justifies a greater moral status for all humans, regardless of their individual capacities. I give some reasons why this kind of relationship is not an appropriate ground for differential treatment of humans and nonhumans. I then argue that even if relationships do matter morally species membership (...) cannot justify a difference in moral status. This has important implications because it removes one barrier to giving animals greater moral status. (shrink)

Offering the first developed account of political liberal education, this book combines a thorough analysis of the theoretical groundwork of political liberal education with application-oriented approaches to contemporary educational challenges. Following in depth engagement with the shortcomings of Rawls’ theory and addressing some key objections to neutrality-based restrictions in education, the volume moves on to provide an insightful discussion of topics such as same-sex relations in sex-education, the position of migrant children and the rights of religious parents to determine the (...) education of their children. This book outlines a political liberal account of education which provides a useful contribution to the current debates about liberalism and education in a way unprecedented in the literature on political liberalism so far. It is of interest to anyone working at the intersection of political philosophy and philosophy of education as well as for scholars with a broader interest in how liberalism can respond to the challenges of value pluralism. (shrink)

The article presents a theory of the basis and nature of parents’ rights that appeals to the goods distinctively produced by intimate-but-authoritative relationships between adults and the children they parent. It explores the implications of that theory for questions about parents’ rights to raise their children as members of a religion, with particular attention to the issue of religious schooling. Even if not obstructing the development of their children’s capacity for autonomy, parents exceed the bounds of their legitimate authority in (...) so far as they aim deliberately to influence their children’s religious views. Healthy familial relationships involve some identification of child with parent and require a sphere of spontaneous interaction between parent and child that are in any case likely to influence those views and constitute a standing threat to autonomy. Correcting over-deferential understandings of parents’ rights enables schools better to promote not only children’s autonomy but also other legitimate civic goals. (shrink)

Aristotle and others suggest that a single virtue – ‘good temper’ – pertains specifically to anger. I argue that if good temper is a single virtue, it is constituted by aspects of a combination of other virtues. I present three categories of anger-relevant virtues – those that dispose one to anger; those that delay, mitigate, and qualify anger; and those required for effortful anger control – and show how virtues in each category make distinct contributions to good temper. In addition (...) to clarifying the relationship between anger and the virtues, my analysis has theoretical implications for virtue individuation more generally, and practical implications for character cultivation. (shrink)

Public reason accounts commonly claim that exercises of coercive political power must be justified by appeal to reasons accessible to all citizens. Such accounts are vulnerable to the objection that they cannot legitimate coercion to protect basic liberal rights against infringement by deeply illiberal people. This paper first elaborates the distinctive interpersonal conception of justification in public reason accounts in contrast to impersonal forms of justification. I then detail a core dissenter-based objection to public reason based on a worrisome example (...) advanced by Jonathan Quong. While we may be able to impersonally justify coercing the illiberal dissenter, public reason liberals must explain how we can interpersonally justify such coercion—meaning justify given the perspective of the dissenter. The two prominent strategies for dealing with dissenters involve idealization of reasoning and requiring liberal values; I show that these strategies do not succeed in a way compatible with the public reason project. That is, the prominent strategies leave public reason theorists with a dilemma between denying the legitimacy of using coercion to protect core freedoms against deeply illiberal people or abandoning the fundamental public reason project. I conclude by proposing a different answer to public reason liberalism’s fundamental question: what requires justification? On my account, it is not that coercion requires interpersonal justification for its permissibility, but that such justification is necessary as a constitutive element of a kind of moral community. (shrink)

Freud is often assumed to have given an explanation of how human beings acquire a morality, especially as it is manifested in the phenomenon of moral conscience. Freud himself certainly lends credence to such an interpretation of his theory, as the following passage testifies.

This paper examines racial discrimination and algorithmic bias in predictive policing algorithms (PPAs), an emerging technology designed to predict threats and suggest solutions in law enforcement. We first describe what discrimination is in a case study of Chicago’s PPA. We then explain their causes with Broadbent’s contrastive model of causation and causal diagrams. Based on the cognitive science literature, we also explain why fairness is not an objective truth discoverable in laboratories but has context-sensitive social meanings that need to be (...) negotiated through democratic processes. With the above analysis, we next predict why some recommendations given in the bias reduction literature are not as effective as expected. Unlike the cliché highlighting equal participation for all stakeholders in predictive policing, we emphasize power structures to avoid hermeneutical lacunae. Finally, we aim to control PPA discrimination by proposing a governance solution—a framework of a social safety net. (shrink)

Dignity is often invoked as the basis of human rights. The precise relation between dignity and human rights remains objectionably obscure, however, and many appeals to dignity seem little more than hand-waving, as critics have pointed out. This vagueness is potentially damning for contemporary human rights accounts, as it calls into question whether dignity can truly serve as the foundation of human rights. In order to defend the view that human rights are grounded in human dignity, this paper presents a (...) novel analysis of dignity that elucidates how human rights can be derived from dignity. Arguing that neither contingent nor inherent conceptions of dignity can, on their own, account for human rights, it develops a conceptualisation of dignity that combines inherent and contingent features in a coherent fashion. This, in turn, is shown to provide us with the means to explain how human rights are both grounded in and protective of dignity. Showing that the inherent features of dignity always generate a claim to the contingent features of dignity, the paper demonstrates that human rights derive directly from the inherent features of dignity, whilst what they protect are the contingent features of dignity. The paper closes with a discussion of the advantages of conceptualising dignity in the manner proposed, explicating the connection between dignity and nobility. (shrink)

This article explores a particular connection between friendship and social solidarity and seeks to contribute to understanding the societal significance of non-institutionalised relationships. Commonly the benefits of friendship are assumed to accrue to friends only. But this is only part of the story. Friendship, as instantiation of intimacy and site of moral learning, is conducive to solidarity understood as felt concern for unknown others. That potentiality rests on a specific characteristic: friendship’s loose institutional anchorage. Beginning with an explanation of friendship’s (...) institutional deficit, the article elaborates Durkheim’s ‘positive solidarity’ juxtaposed with Honneth’s recent take on solidarity. It then discusses the contribution personal relationships make to morality, before turning to the specifics of moral learning in friendship. Finally, the article argues that although undesirable as social organising principle, friendship’s institutional deficit renders it conducive to the relational acquisition of a comprehensive understanding of solidarity. (shrink)

In this paper, I discuss the relevance of the sense of justice for Rawls’s theory of justice. In the first part, I analyse the interpretation that Rawls offered of moral psychology for evaluating its role in the generation of the sense of justice and the acceptance of the principles of Justice. In the second part, I discuss the difficulties of accepting Rawls's proposal. Finally, I conclude that the research on moral psychology developed by Rawls allows him to recognise a way (...) of supporting his principles of justice that is different from the traditional forms of deductive justification. (shrink)

Theories about man's moral sensibilities, particularly his sense of justice, tend to reflect either optimism or pessimism about human nature. Among modern theorists Hobbes, Hume, and Freud are perhaps the most outstanding representatives of pessimism. Recently, optimistic theories, which view the sense of justice as linked essentially to the sentiments of love and friendship, have found favor with philosophers. Of these theories John Rawls's is the most notable. Section I considers the conceptual scheme optimists advance to establish this view of (...) the sense of justice and argues that it has serious problems. Section II examines Rawls's account of moral development, which is an especially well worked out account on the optimistic side, and argues that, because it relies on the conceptual scheme discussed in Section I, it too is seriously problematic. Finally, Section III suggests that behind these problems lie reasons favoring a pessimistic view like Hume's or Freud's. (shrink)

ABSTRACT In virtually every corner of ethics—including discussions of value, practical reasoning, moral psychology, and justice—it is common for theorists to suggest that our actions, attitudes, or emotions should be proportional to the degree of value present in the objects or events to which they are responding. I argue that there is a fundamental problem with these approaches: they overlook the character of the agent and what it adds to the equation. I show that a commitment to proportionality is at (...) odds with both ordinary and admirable instances of love, ambition, and forgiveness. To make room for disproportional attitudes and actions, I introduce a novel account of virtue and its relation to value. (shrink)

En parlant des rapports entre la Nouvelle Rhétorique et la France, Pierre-André Taguieff décrivait la situation comme celle d'un rendez-vous manqué. En parlant des rapports entre la philosophie pérelmanienne et la philosophie anglo-saxonne, il faut surtout parler de rendez-vous clandestins. Car dans l'ensemble, ces rendez-vous divers sont d'autant plus évidents qu'ils témoignent sans doute de l'influence réelle d'une philosophie. D'une philosophie dont on retrouve, dans le milieu anglo-saxon, un «air de famille» mais sans que Chaïm Perelman ne soit expressément nommé.

This article seeks to revisit the relationship between Rawls’s contractarianism and the moral status of animals, paying particular attention to the recent literature. Despite Rawls’s own reluctance to include animals as recipients of justice, and my own initial scepticism, a number of scholars have argued that his theory does provide resources that are useful for the animal advocate. The first type takes Rawls’s exclusion of animals from his theory of justice at face value but argues that animals can still be (...) protected within a moral realm independently of justice, or indirectly through the motivations of human contractors. The second type adapts his theory in a way that enables animals to be included within a contractarian theory of justice. It is argued, though, that none of the responses offered is successful in providing a sphere of protection for animals from within Rawls’s contractarian theory. It is doubtful if Rawls’s intention was for animals to receive a significant degree of protection within a moral realm independently of justice, and equally doubtful if the contractors in the original position would be motivated to act on behalf of animals. In the case of the second, whilst Rawlsian resources can be utilised to justify the attempt to amend the veil of ignorance so as to include animals, these are not dependent on a contractural agreement. Similarly, placing emphasis on social-co-operation as a means of incorporating animals into a theory of justice is flawed, not least because, paradoxically, it works for domesticated animals whilst they are being exploited. (shrink)

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

John Rawls's account of Kantian constructivism is perhaps his most striking contribution to ethics. In this paper, I examine the relation between Rawls's constructivism and its foundation in Kantian intuitions. In particular, I focus on the progressive influence on Rawls's approach of the Kantian intuition that the substance of morality is best understood as constructed by free and equal people under fair conditions. Rawls's focus on this Kantian intuition, I argue, motivates the focus on social contract that grounds both his (...) accounts of the original position and of reflective equilibrium. Critics, including Onora O'Neill and Larry Krasnoff, object that Rawls's view distorts various aspects of Kantian moral reasoning. I argue that these objections (i) exaggerate the distinctions between Kant's and Rawls's decision procedures and (ii) reflect an unnecessarily constricted view of Kant's moral thought. (shrink)

After briefly vindicating casuistries which successively apply a number of different moral principles, I describe some of the principles of justice liable to figure in such casuistries, assess the relative popularity of these principles and show that some of the most popular cannot be consistently applied in all circumstances.

¿Qué papel juegan los animales no humanos en la filosofía política de John Rawls? En este artículo identifico tres posibles respuestas. Según la respuesta integracionista, los animales pueden ser incluidos en su teoría de la justicia, como genuinos receptores de deberes de justicia. De acuerdo con la respuesta compatibilista, por otra parte, los animales no pueden ser incluidos en la teoría de la justicia de Rawls, pero sí encajan en su teoría política más amplia. Por último, según la respuesta del (...) conflicto, existe una tensión entre el reconocimiento del estatus moral de los animales y algunos elementos esenciales del pensamiento político de Rawls. El objetivo principal de este artículo es defender esta última respuesta. Para ello, argumento en primer lugar que los principales intentos de integrar a los animales en la teoría de la justicia rawlsiana no logran alcanzar su objetivo, pues acaban contradiciendo elementos esenciales de dicha teoría. En segundo lugar, defiendo también que la estrategia compatibilista es insatisfactoria, pues se muestra incapaz de incorporar ciertas asunciones centrales de la ética animal. (shrink)

The author challenges the recently argued position of Helga Kuhse that caring is merely a preparatory stage to moral action and that impartial, principled thinking is required to make action moral, by suggesting a notion of caring as virtue. If caring is a virtue then acting from that virtue will be acting well. Acting from the virtue of caring involves eight features, which include not only that of being sensitive to, and concerned about, the patient, but also that of being (...) aware of, and sensitive to, the relevant ethical principles. In this way, caring is seen as an overarching quality that gives action its moral character. The moral character of an action does not derive only from its having been performed in the light of principles. (shrink)

A number of contemporary philosophers have pointed out that justice is not primarily an intellectual virtue, grounded in abstract, detached beliefs, but rather an emotional virtue, grounded in certain beliefs and desires that are compelling and deeply embedded in human nature. As a complex emotional virtue, justice seems to encompass, amongst other things, certain desert-based emotions that are developmentally and morally important for an understanding of justice. This article explores the philosophical reasons for the rising interest in desert-based emotions and (...) offers a conceptual overview of some common emotions of this sort having to do with the fortunes of others and of oneself, respectively. The article does not give a definitive answer to the question of whether those emotions really are virtuous, but aims at enriching our understanding of what kind of virtue they might possibly represent. (shrink)

La pregunta acerca de por qué las personas deben obedecer el derecho introduce uno de los temas más complejos y discutidos de la filosofía política y jurídica contemporáneas. Entre las diversas respuestas ofrecidas en la literatura científica, Rawls formuló la teoría del deber natural de apoyar y promover las instituciones justas. El objetivo de este trabajo es ofrecer un análisis crítico de esta propuesta y mostrar cómo se podrían superar algunas de sus debilidades mediante un enfoque que enfatice la importancia (...) de preservar un esquema social beneficioso que ofrezca un marco de posibilidades para el desarrollo moral de las personas. (shrink)