How should international law’s role in determining international distributive outcomes, economic and otherwise, affect how we think about its legitimate authority? Domestic institutions’ legitimate authority in respect of distribution derives in large part from their concurrent roles in enabling security and coordination. Internationally, by contrast, functional disaggregation means that distribution must be legitimised in its own right. I begin by distinguishing the phenomenon of Distributive International Law, on which my argument focuses. I next introduce a number of wide instrumental accounts (...) of legitimate authority, including Rawls’ Natural Duty account, Buchanan’s metacoordination view, and Williams’ political realism, showing how each understands legitimacy as an institution-level characteristic, allowing an institution’s success in one area to support its legitimacy in another where it may be less successful. This poses the question of how we distinguish amongst distinct institutions, which I answer by reference to the causal and constitutive (in)dependence amongst activities. This approach explains why distributive legitimacy does not arise as a separate question domestically: we cannot distinguish the state’s security and coordination activities from its distributive activities, so if the former are legitimate then so, ipso facto, are the latter. Internationally, by contrast, these mutual dependencies are limited, requiring that the legitimacy of distribution be established independently of other roles that international law plays. (shrink)

Barbara Fried described John Rawls’s response to libertarianism as “the unwritten theory of justice.” This paper argues that while there is no need for a new theory of justice to address the libertarian challenge, there is a need for an additional chapter. Taking up Fried’s suggestion that the Rawlsian response would benefit from a revised list of primary goods, I propose to add employment to the list, thus leading to adoption of a full employment principle in the original position that (...) ensures that anyone who wants to work will be able to do so. I argue that although Rawls famously proposed government as employer of last resort, he never integrated that comment into his theory, which lacks a full employment principle and says nothing about the injustice of involuntary unemployment in its ideal theory. I first refute the received view of Rawls’s treatment of employment as required by its importance for citizens’ self-respect, then show that in fact, the full employment assumption is the result of the role of general equilibrium theory in Rawls’s model of a well-ordered society, and indicate why developments in economic theory and economic policy support the proposed revision. (shrink)

Central to the Rawls–Harsanyi dispute is the question of whether the core modeling device of Rawls' theory of justice, the original position, justifies Rawls' principles of justice, as Rawls suggests, or whether it justifies the average utility principle, as Harsanyi suggests. Many commentators agree with Harsanyi and consider this dispute to be primarily about the correct application of normative decision theory to Rawls' original position. I argue that, if adequately conceived, the Rawls–Harsanyi dispute is not primarily a dispute about the (...) correct application of normative decision theory to Rawls' original position. Instead, Rawls and Harsanyi aim to model different moral ideals, and this difference in their moral assumptions leads them to significantly different conclusions about justice. There is no winner in the Rawls–Harsanyi dispute. Instead, the dispute merely clarifies the moral ideals and their formal representations that need to be assumed in order to justify either Rawls' contractualist principles of justice or the average utility principle. Thus understood, the Rawls–Harsanyi dispute offers a promising starting point for future research that can deepen and enrich our understanding of the demands of justice. (shrink)

En el presente trabajo sostengo que los argumentos específicos desarrollados por John Rawls para justificar la adopción de un estándar de bienes sociales primarios no logran su cometido. En primer lugar, presento y critico los argumentos rawlsianos relacionados con intuiciones antidiscriminatorias y con el hecho del pluralismo razonable. Asimismo, caracterizo y critico las ideas rawlsianas concernientes al alcance del concepto de equidad, así como el argumento de los gustos caros y de la responsabilidad por los fines. Estimo que ellos no (...) logran justificar el distribuendum recursivista de bienes sociales primarios. En cambio, entiendo que tales consideraciones brindan apoyo a un estándar bienestarista. Ello se debe a que un estándar welfarista enfrenta exitosamente las dificultades que Rawls menciona para favorecer el estándar recursivista de bienes sociales primarios. In the present paper I argue that the specific arguments developed by John Rawls to justify the standard of social primary goods do not succeed. In the first place I develop and criticize the Rawlsian arguments grounded in antidiscriminatory intuitions and the fact of reasonable pluralism. I also characterize and criticize Rawls's ideas concerning the scope of the concept of fairness as well as his argument concerning extensive tastes and responsibility for ends. I believe that they do not justify a resourcist distribuendum. On the contrary, I argue that such considerations support a welfarist standard. The reason is that a welfarist standard successfully deals with the difficulties Rawls mentions in favoring the resourcist standard of social primary goods. (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)

This article explores, comparatively and critically, Sidgwick’s and Rawls’s reasons for rejecting desert as a principle of distributive justice. Their ethical methods, though not identical, each re...

This paper investigates one of Anderson’s (2007) objections to individually-allocating principles of distributive justice: that they are incompatible with the free market. I argue that Anderson’s objection applies only to the specific principle she discusses, associated with luck egalitarianism, and not to individually-allocating principles generally. I then discuss different individually-allocating principles, the precepts of justice, broached by Rawls (1971,1999) but never developed by him. The precepts determine people’s distributive entitlements based on their contributions, efforts, and needs. I offer an interpretation (...) of each precept, explain why its distributive standard is compelling, show how the precepts avoid Anderson’s objection, and address Rawls’s rationale for not using the precepts in his account of distributive justice. I conclude by comparing the precepts to the kind of principle that Anderson prefers, range-constraining rules, arguing that the precepts meet the key standard associated with those rules. (shrink)

Issues relating to diversity and pluralism continue to permeate both social and political discourse. Of particular contemporary importance and relevance are those issues raised when the demands associated with forms of pluralism clash with those of the liberal state. These forms of pluralism can be divided into two subcategories: thin and thick pluralism. Thin pluralism refers to forms of pluralism that can be accommodated by the existing liberal framework, whereas thick pluralism challenges this liberal framework. -/- This thesis is an (...) examination of four forms of political association that may be able to accommodate and support the demands of pluralism. These four models are Rawls’ political liberalism, Crowder’s value pluralism, Rorty’s post-foundational liberalism, and Mouffe’s radical democratic project. What unites these four forms of political association is their capacity to avoid the exclusionary effects of a form of liberalism that I, following Gaus, refer to as Enlightenment liberalism. As the name suggests, this conception of liberalism is anchored in the Enlightenment, and in particular with what may be considered as the Enlightenment view of reason. As such, therefore, Enlightenment liberalism is both universal and perfectionist. In this context, I argue that Enlightenment liberalism is a species of what Berlin refers to as ‘moral monism’. -/- These four forms of political association are ordered in such a way as to chart an intellectual trajectory. Rawls and Crowder are both situated firmly within the liberal tradition, whereas Rorty and Mouffe move beyond this, and embrace a form of post-foundational politics. It is in this trajectory that the second theme of this thesis emerges. This is centred on a paradox: in order to avoid the exclusionary effect of Enlightenment liberalism and embrace a form of political association that meets the demands of pluralism and diversity, the models examined still promote autonomy as the dominant virtue. (shrink)