This essay explains how to use the calculus of consent framework to think more rigorously about self-governance, and applies this framework to the issue of evaluating federal regulatory agencies. Robust political economy is the idea that institutions should be designed to work well even under weak assumptions about decision-makers’ knowledge and benevolence. I show how the calculus of consent can be used to analyze both incentives and knowledge problems. The calculus is simultaneously a theory of self-governance and a tool for (...) robust political economy analysis. Applying this framework to the case of public administration leads to the conclusion that private goods (such as medicine) tend to be over-regulated, public goods tend to be under-regulated (such as enabling too much pollution), and regulatory agencies tend to be over-centralized (and should in most cases either be replaced with certification markets or moved to state level). (shrink)

What is the relationship between justice as an individual virtue and justice as an institutional virtue? The latter has been exhaustively explored by political philosophers, whereas the former remains underexplored in the literature on virtue ethics. This article defends the view that individual justice is logically prior to institutional justice, and argues that this view requires a conception of individual justice I call ‘justice as lawfulness’. The resulting view consists of three claims. First, just institutions are composed of the relations (...) between just persons. Second, the just person has a disposition to act in accordance with the legal and social norms (collectively, thenomoi) of the existing political tradition. Third, departures from thenomoirequire that the just person act with practical wisdom to reform thenomoiaccording to an implicit standard of justice in the political tradition. (shrink)

On a standard Aristotelian account, the moral virtues and vices stand in an asymmetric relationship to one another. To help explain this asymmetry, I argue that the vices share significantly less common structure than many think. That there are many ways for agents to get it wrong gives us prima facie reason to think that the vices lack a robust common structure. Further, the most promising candidates for a common structure of the vices fall short. These are that (a) the (...) vices have the common structure of being excesses and deficiencies, (b) the vices result from agents' unreflectively taking their inclinations as their ends, and, relatedly, (c) the vices result from rational corruption. Argument (b), which Terence Irwin and others endorse, is the most promising one, so I focus on it. But it, too, faces weighty objections. I conclude that none of these important arguments establishes the existence of a robust common structure of the moral vices. The great variety of moral vices is a puzzling phenomenon that continues to stand in need of explanation. (shrink)

This article concerns freedom and financial markets. First, I consider the republican case for liberalization, extending Robert Taylor’s economic model of republicanism to financial markets. This case adopts what I call a “philosopher-king” approach to political theory, arguing by reference an ideal or first-best set of policies or reforms. Then, I investigate the negative externalities of several decades of financial market liberalization, including the erosion of political accountability and the growing concentration of political and economic power in the hands of (...) those best suited to profit from the rise of finance. From this “political economy” perspective, the impact of liberalization is clear: we paid for greater access to credit with political and economic domination. In republican terms, we traded freedom for credit. My analysis, moreover, has implications for republican debates on freedom and the market. In second-best worlds, where reforms will almost certainly be incremental, shaping the balance of power in ways that impact future policy, judging reforms by reference to a vision of domination-free markets will often suggest policies that make individuals less free. The political economy approach is far more relevant to debates about which economic institutions further or hinder freedom as non-domination. (shrink)

In this paper I criticize a growing movement within public policy circles that self-identifies as neoliberal. The issue I take up here is the sense in which the neoliberal label signals a turn away from libertarian political philosophy. The are many import ant figures in this movement, but my focus here will be on Will Wilkinson of the Niskanen Center, not least because he has most prolifically written against libertarian political philosophy. Neoliberals oppose the idea that the rights that libertarianism (...) claims people have are useful guides for making the world a freer place because they forestall too much governmental/democratic political action that they purport to be necessary for increasing freedom. Wilkinson mistakenly takes libertarianism to be a set of ideal public policies for achieving a perfectly free society. If it were, he would be right to turn away from it. But placing rights to freedom at the center of their theory of justice does not commit libertarians to an all-or-nothing approach to political change. Consequences and strategy matter – particularly in a non-ideal world – without abandoning the idea that each individual has a right to freedom. In mistaking libertarian moral claims as a set of policy prescriptions, Wilkinson complains that idealistic policy prescriptions not only fail to take account of how those who disagree will respond to such policies if implemented, but also thereby undermines the justice of those policies in the first instance. Wilkinson proposes that change in the direction of freedom must go through the proper channels of actually-existing democratic legitimacy. It as this stage that Wilkinson’s project comes into direct conflict with libertarianism. Whilst libertarianism is not committed to any particular method of creating a free society under non-ideal conditions, and therefore does not rule out democratic political activism as one among many means of doing that, it cannot be committed to the permanence of democratic political authority, and this is what Wilkinson’s neoliberalism demands above all else. It turns out that Foucault’s characterization of neoliberalism long ago is still accurate to Wilkinson’s own view: that neoliberalism is not about creating a society of free individuals, it is about designing the state apparatus in ways that are inspired by the workings of free society – it is about legitimizing the chains, not breaking them. Neoliberalism is not a pragmatic alternative to libertarianism, but rather a gross misapplication of it. (shrink)

Jessica Flanigan argues that individuals have the right to self-medicate. Flanigan presents two arguments in defense of this right. The first she calls the epistemic argument and the second she calls the rights-based argument. I argue that the right to self-medicate hangs and falls on the rights-based argument. This is because for the epistemic argument to be sound agents must be assumed to be epistemically competent. But, Flanigan’s argument for a constitutionally mandated right to self-medicate models agents as epistemically incompetent. (...) For Flanigan, agents are different at the pharmacy than they are at the polls. I identify this behavioral asymmetry and advocate a symmetric and realistic behavioral postulate for both arguments. The result, however, is that the success of the epistemic argument becomes contingent which fails to justify a constitutionally mandated right. I proceed to raise skepticism about the rights-based argument as well. I conclude that there is reason to be skeptical that these arguments can justify a constitutionally mandated right to self-medicate. Ultimately, a bottom-up approach to pharmaceutical ethics is preferable. (shrink)

The modern social world is unjust. It is also complex. What does this latter fact imply about the kind of approach that should be used in ameliorating the injustice expressed in the former fact? One answer, recently put forth by Jacob Barrett, is that _ideal theory_, which he understands as being fundamentally defined by the identification and subsequent pursuit of an aspirational macro-level institutional goal, lacks a place in social reform. The reason he thinks ideal theory lacks a place has (...) to do with its inability to deal with complexity. _Pace_ Barrett, I argue that ideal theory, suitably understood, can play a valuable role in social reform in a complex world. While some ideal theorists have underappreciated the extent to which complexity considerations complicate social reform, this does not mean that there is no place for it. This paper surveys the resources ideal theory has available to cope with what I call _the challenge of complexity_. Although the coping techniques will be successful to varying degrees, I believe, in aggregate, a compelling case can be made that ideal theory can combat the challenge of complexity. Still, one may worry that even if ideal theory can adequately deal with complexity, it cannot adequately deal with ever-changing social circumstances. Call this _the dancing landscape objection_. A static ideal theory cannot overcome it, but a _dynamic ideal theory_ could. In sum, dynamic ideal theory can contribute to social reform in a complex and mutable social world. (shrink)

This article argues that political realists have at least two strategies to provide distinctively political normative judgements that have nothing to do with morality. The first ground is instrumental normativity, which states that if we believe that something is a necessary means to a goal we have, we have a reason to do it. In politics, certain means are required by any ends we may intend to pursue. The second ground is epistemic normativity, stating that if something is true, this (...) gives us a reason to believe it. In politics, there are certain empirical regularities that ought to be acknowledged for what they are. Both sources are flawed. Instrumental normativity only requires coherence between attitudes and beliefs, and one can hang on to false beliefs to preserve attitudes incompatible with reality. I may desire to eschew power relations, and accordingly I may imagine politics to be like a camping trip. Epistemic normativity, on the other hand, operates critically, striking down existing normative claims. It shows us that politics is nothing like a camping trip, but it doesn’t tell us what we should do about it. We conclude by showing that if the two are taken together, they remedy each other’s flaws. (shrink)

This article argues for a new interpretation of the realist claim that politics is autonomous from morality and involves specific political values. First, this article defends an original normative...

This article argues for a new interpretation of the realist claim that politics is autonomous from morality and involves specific political values. First, this article defends an original normative source: functional normativity. Second, it advocates a substantive functional standard: political institutions ought to be assessed by their capacity to select and implement collective decisions. Drawing from the ‘etiological account’ in philosophy of biology, I will argue that functions yield normative standards, which are independent from morality. For example, a ‘good heart’ (...) is one that pumps blood well, and a good army is one that it is effective at exerting military force. I then interpret realism’s naturalistic conception of politics as an etiological function of social groups: namely making binding collective decisions under persistent disagreement. I conclude that political institutions should be evaluated realistically by how well they perform this task. Finally, I assess trade-offs between this functional political normativity and other moral values. I conclude that justice, fairness, freedom and equality remain obviously important concerns, but only once the basic political function is secured. (shrink)

In this paper I unpack a realistic conception of politics by tightly defining its constitutive features: conflict and order. A conflict emerges when an actor is disposed to impose his/her views against the resistance of others. Conflicts are more problematic than moralists realize because they emerge unilaterally, are potentially violent, impermeable to content-based reason, and unavoidable. Order is then defined as an institutional framework that provides binding collective decisions. Order is deemed necessary because individuals need to cooperate to survive, but (...) groups cannot spontaneously secure collective decisions and are prone to conflicts. Particularly, the fact that potentially violent conflicts emerge unilaterally means that order requires coercion. I conclude that mischaracterizing conflict and order leads to undesirable normative principles, and that this criticism can be leveraged not only against Rawlsian liberals who moralize conflicts away, but also against some agonists who underestimate the need for order and some communitarians who underplay both circumstances. (shrink)

In this paper I unpack a realistic conception of politics by tightly defining its constitutive features: conflict and order. A conflict emerges when an actor is disposed to impose his/her views against the resistance of others. Conflicts are more problematic than moralists realize because they emerge unilaterally, are potentially violent, impermeable to content-based reason, and unavoidable. Order is then defined as an institutional framework that provides binding collective decisions. Order is deemed necessary because individuals need to cooperate to survive, but (...) groups cannot spontaneously secure collective decisions and are prone to conflicts. Particularly, the fact that potentially violent conflicts emerge unilaterally means that order requires coercion. I conclude that mischaracterizing conflict and order leads to undesirable normative principles, and that this criticism can be leveraged not only against Rawlsian liberals who moralize conflicts away, but also against some agonists who underestimate the need for order and some communitarians who underplay both circumstances. (shrink)

Conceptions of acceptability-based moral or political justification take it that authoritative acceptability constitutes, or contributes to, validity, or justification. There is no agreement as to what bar for authoritativeness such justification may employ. The paper engages the issue in relation to (i) the level of idealization that a bar for authoritativeness, ψ, imparts to a standard of acceptability-based justification, S, and (ii) the degree of discursive purchase of the discursive standing that S accords to people when it builds ψ. I (...) argue that (i) and (ii) are interdependent: high idealization values entail low discursive purchase, while high degrees of purchase require low idealization values. I then distinguish between alethic conceptions of justification that prioritize ends that commit to high idealization values, and recognitive conceptions that favour high discursive purchase. On this basis, I argue for a moderately recognitivist constraint on idealization. To render the recognitive discursive minimum available to relevant people at the site of justification, S should set ψ low enough so that it is a genuine option for actual people to reject relevant views in ways that S recognizes as authoritative. (shrink)

Our world is complex—it is composed of many interacting parts—and this complexity poses a serious difficulty for theorists of social reform. On the one hand, we cannot merely work out ways of ameliorating immediate problems of injustice, because the solutions we generate may interact to set back the achievement of overall long-term justice. On the other, we cannot supplement such problem solving with theorizing about how to make progress towards a long-term goal of ideal justice, because the very interactions that (...) render problem solving unsatisfactory raise insurmountable epistemic difficulties for this latter approach. To accommodate complexity, we must therefore give up on ideal theory, and instead supplement problem solving with a new sort of theorizing that aims to work out how to make our institutional arrangements more progressive: more conducive to further improvements in general, though not necessarily to the achievement of any antecedently specified goal. More concretely, we must identify ways of improving our capacity to flexibly experiment with many promising solutions to problems as they arise, to select for those solutions that prove successful while eliminating those that do not, and to learn from both our successes and our inevitable failures. (shrink)

This article challenges the association between realist methodology and ideals of legitimacy. Many who seek a more “realistic” or “political” approach to political theory replace the familiar orientation towards a state of justice with a structurally similar orientation towards a state of legitimacy. As a result, they fail to provide more reliable practical guidance, and wrongly displace radical demands. Rather than orienting action towards any state of affairs, I suggest that a more practically useful approach to political theory would directly (...) address judgments, by comparing the concrete possibilities for action faced by real political actors. (shrink)

This article tackles the issue of offshore tax sheltering from the perspective of normative political realism. Tax sheltering is a pressing contemporary policy challenge, with hundreds of billions in private assets protected in offshore trusts and shell companies. Indeed, tax sheltering produces a variety of empirical dilemmas that render it a distinctive challenge for global governance. Therefore, it is crucial for normative political theorists to confront this problem. A realist approach offers three distinct advantages, elaborated in the three subsequent sections (...) of the article. First, it relaxes the theoretical burden by starting from the real practice of tax evasion rather than from an abstract theory of equality or justice. Second, this approach recognizes that sheltering is a political harm: a threat to the very maintenance of order, not just a problem of inequality or injustice. If politicians fail at such polity maintenance, realism's ethic of responsibility provides clear political reasons why they should be held accountable. Third, realism's focus on power and its acceptance of coercion open up new strategies for addressing the problem that would not be allowed by theories with a stronger emphasis on consensus. (shrink)

The paper deals with the methodological clash between idealism and anti-idealism in political philosophy, and highlights its importance for public reason (PR) and public justification (PJ) theorising. Upon reviewing the broader context which harks back to Rawls’s notion of a realistic utopia, we focus on two major recent contributions to the debate in the work of David Estlund (the prototypical utopian) and Gerald Gaus (the cautious anti-utopian). While Estlund presents a powerful case on behalf of ideal theorising, claiming that motivational (...) incapacity and other non-ideal features of “human nature” – the so-called bad facts – do not normally refute the desirability of highly utopian theories of justice, we show that Gaus is correct in stressing the importance of feasibility considerations, including empirical knowledge about human societies. Because moral disagreement is to be expected even among cognitively and morally excellent reasoners, we argue that Estlund’s search for Truth about justice must idealise away normative diversity as just another bad fact. This methodological dispute has important ramifications for current debates about PR and PJ as the grounds of liberal legitimacy. Because consensual approaches rely on strong idealisation which results in exclusion of numerous comprehensive doctrines from consideration, we conclude that convergence-based liberal political theory has distinct advantage as regards exploiting normative diversity to the advantage of everyone. (shrink)