This paper examines the distinction drawn by Amartya Sen between transcendental and comparative theories of justice, and its application to Rawls' doctrine. It then puts forward three arguments. First, it is argued that Sen offers a limited portrayal of Rawls' doctrine. This is the result of a rhetorical strategy that depicts Rawlsian doctrine as more “transcendental” than it really is. Although Sen deploys numerous quotations in support of his interpretation, it is possible to offer a less transcendental interpretation of Rawls. (...) Second, the dichotomy between transcendental and comparative approaches to questions of justice is partly misleading, insofar as any plausible moral doctrine has both transcendental and comparative elements. Transcendental elements are necessary to avoid the confusion between the general acceptance of a norm, value or principle and its justification. A comparative view highlights the conditions of application of the doctrine to the real world, taking into account the possibility of moral dilemmas, evaluative disagreements and limited resources, while proposing possible provisos and caveats to the risk of the doctrine being self‐defeating. Third, although the transcendental approach is useful, it is argued that in elaborating this dichotomy Sen overlooks the merits of the third way between comparative and transcendental doctrines, what he calls “conglomerate theory,” and also the possibility that his doctrine (the capability approach) might be considered as an example of such a theory. The paper concludes with the argument that conglomerate theory does not aim to produce complete moral orderings, but rather a comparative approach with transcendental elements, as a form of weak transcendentalism. (shrink)

El artículo se concentra en indagar las diferentes declaraciones de Marx sobre la justicia, con la intención de determinar tres cuestiones: en primer lugar, saber si nuestro autor cuenta con una concepción de la justicia; en segundo lugar, establecer si la reflexión acerca de lo que es justo ocupa un lugar privilegiado en su obra; y, en tercer lugar, ver si a partir de ahí puede colegirse la existencia de una teoría marxiana de la justicia. De especial interés resulta la (...) presencia de argumentos con implicaciones éticas y morales en estos asuntos. (shrink)

This book chapter is not available in ORA, but you may download, display, print and reproduce this chapter in unaltered form only for your personal, non-commercial use or use within your organization from the ANU E Press website.

In this chapter we first discuss the main principles of justice and note the standard objections to them, which we believe necessitate a hybrid approach. The hybrid account we defend is primarily based on the distributive principle of sufficientarianism, which we interpret as the idea that each country should have the means to provide a minimally decent quality of life for each of its citizens. We argue that sufficientarian considerations give good reason to think that what we call the ‘ability (...) to pay objection’ should be taken much more seriously in this debate. Following this, our account emphasises what we believe are the two most important moral desiderata in any attempt to distribute responsibility for dealing with climate change: the ability to mitigate the problem and the making of culpable contributions to the problem. After noting that our proposal includes enough detail to be a useful start for policy makers, we defend our account against some potential objections. (shrink)

This article paradoxically tries to come closer to an idea of justice with the help of the destructive — anything but nihilistic — criticism thereof by Hans Kelsen. It argues that his relativistic approach, in which this idea undergoes a metamorphosis to become a realisable value of a social order, brings us closer to an obvious and objective form of justice that is almost taken for granted. Just in our liberal and plural democracy this approach might prove to be of (...) more value than a transcendental theory that passes speculative judgements on the essence of absolute justice, about which we are unable to come to an agreement. (shrink)

Theories of deliberative democracy maintain that outcomes of democratic deliberation are fairer than outcomes of mere aggregation of preferences. Theorists of impartial justice, especially Rawls and Sen, emphasize the role of deliberative processes for making just decisions. Democratic deliberation seems therefore to provide a model of impartial decision-making applicable in the real world. However, various types of cognitive and affective biases limit individual capacity to see things from others’ perspectives. In this paper, two strategies of enhancing impartiality in real world (...) decision-making are discussed. The first involves decision-making processes which detach decision-makers from their particular interests, whereas the second aims to enhance the quality of democratic deliberation and empathetic reasoning. We conclude that new forms of democratic deliberation may be necessary if we hold on to the aspiration of making decisions which are both democratic and impartial. (shrink)

The paper assesses the rationale, contributions, structure, and challenges of the field of development ethics. Processes of social and economic transformation involve great risks and costs and great opportunities for gain, but the benefits, costs, and risks are typically hugely unevenly and inequitably distributed, as is participation in specifying what they are and their relative importance. The ethics of development examines the benefits, costs, risks, formulations, participation, and options. The paper outlines a series of ways of characterizing such work, arguments (...) for and against its importance, and some of its major sources and contributions, especially from the interdisciplinary stream of work represented over several decades by Denis Goulet. Definitions are diverse since the work covers many different intersections of practice and theorizing, at multiple levels. The paper considers and replies to arguments against discussing development ethics: the claim that it involves only endless proliferation of different opinions, is an expensive luxury that undermines long-run development, is superfluous if one already works with the capability approach or the human rights tradition, or never has influence. Finally, it presents suggestions for how development ethics thinking can have increased impact, with reference to incorporation in policy analysis and planning methods, professional codes and training, and to its intellectual location and communication strategies. The field should articulate the methodological pragmatism which much of it has adopted, consistent with its required role as a practice-oriented interdisciplinary meeting ground. (shrink)

This book offers an original account of a distinctly republican theory of social and global justice. The book starts by exploring the nature and value of Hegelian recognition theory. It shows the importance of that theory for grounding a normative account of free and autonomous agency. It is this normative account of free agency which provides the groundwork for a republican conception of social and global justice, based on the core-ideas of freedom as non-domination and autonomy as non-alienation. As the (...) author argues, republicans should endorse a sufficientarian account of social justice, which focuses on the nature of social relationships and their effects on people's ability to act freely and realize their fundamental interests. On the global level, the book argues for the cosmopolitan extension of the republican principles of non-domination and non-alienation within a multi-level democratic system. In so doing, the book addresses a major gap in the existing literature, presenting an original theory of justice, which combines Hegelian recognition theory and republican ideas of freedom, and applying this hybrid theory to the global domain. Fabian Schuppert creates a grand synthesis uniting neo-republican insights on freedom with Hegelian recognition theory. The result is an account of agency that arises from the idea of non-domination whose aim it is to safeguard individual freedom. When combined with Hegelian recognition theory a social focus also emerges. This amalgam comments on many of the major disputes concerning global justice from a cosmopolitan perspective. Because of the broad scope and the many contemporary discussions engaged this book will be of keen interest to scholars as well as a welcome addition to the classroom. (shrink)

Economist-philosopher Amartya Sen's writings on social and political issues have attracted wide audiences. Section 2 introduces his contributions on: how people reason as agents within society; social determinants of people's (lack of) access to goods and of the effective freedoms and agency they enjoy or lack; and associated advocacy of self-specification of identity and high expectations for ‘voice’ and reasoning democracy. Section 3 considers his relation to social theory, his tools for theorizing action in society, and his limited degree of (...) attention to work by sociologists and to capitalism and power structures. Section 4 characterizes a style marked by conceptual refinement, emphases on complexity and individuality, including personal individuality, and reformist optimism. Section 5 shows the features from Sections 3 and 4 at work in his conception of personhood that advocates freedom to make a reasoned composition of personal identity. Similarly, Section 6 addresses his conception of public reasoning and neglect of the sociology of democracy. It contrasts the ideal of a reasoning polity with features in many countries. Sen's programmes for critical autonomy in personhood and for reasoned politics play, nevertheless, a normic role, while his analytical formats help investigation of obstacles to more widespread agency, voice, and democratic participation. (shrink)

The science of well-being studies an evaluative kind, well-being, which raises natural worries about the ability of empirical research to deliver. This paper argues that well-being research can provide important information about how people are doing without entangling itself very deeply in controversial normative claims. Most life satisfaction research, for instance, purports only to tell us how people see their lives going relative to what they care about ? something most people can agree is important, whatever their theory of well-being. (...) At the same time, such research can mislead if it does not in fact have the significance it seems to have. Life satisfaction measures in fact have this problem: life satisfaction attitudes have deep in-principle limitations in their ability to reflect the subjective quality of people's lives, for instance because they are only weakly constrained by the facts about how people see their lives going. You might, e.g., reasonably be satisfied with your life even if you think it's going badly for you. I propose largely replacing such measures with aggregate life evaluation measures, which dispense with both the global judgment and ?satisfaction? elements of life satisfaction. (shrink)

Models of idealistic societies pervade the history of political thought from ancient times to the present. How can these models contribute to our thinking about political life in our non-ideal world? Not, as many political theorists have hoped, by performing a normative function -- by giving us reasons to accept particular political principles for the purpose of regulating our thought and behavior. Even still, idealistic models can sharpen our thinking about politics by performing a conceptual function -- by helping us (...) clarify and interpret the concepts we use to describe and evaluate political behavior and institutions. These insights point to a more incisive and judicious approach to political inquiry, in which explanatory and normative modes of thought are tightly intertwined. (The manuscript is under review. I have uploaded the table of contents, chapters 1 and 2, and the bibliography. Chapter summaries are available from my website.). (shrink)

Principles of justice, David Estlund argues, cannot be falsified by people’s unwillingness to satisfy them. In his Utopophobia, Estlund rejects the view that justice must bend to human motivation to deliver practical implications for how institutions ought to function. In this paper, I argue that a substantive argument against such bending of justice principles must challenge the reasons for making these principles sensitive to motivational limitations. Estlund, however, provides no such challenge. His dispute with benders of justice is therefore a (...) verbal one over the true meaning of justice, which need not worry those with the intuition that justice should perform a function that requires bending. By focusing on John Rawls’s reasons for bending his justice principles, I point towards a substantive critique of bent justice. (shrink)

Wem wird geglaubt und wem nicht? Wessen Wissen wird weitergegeben und wessen nicht? Wer hat eine Stimme und wer nicht? Theorien der epistemischen Ungerechtigkeit befassen sich mit dem breiten Feld der ungerechten oder unfairen Behandlung, die mit Fragen des Wissens, Verstehens und Kommunizierens zusammenhängen, wie z.B. die Möglichkeit, vom Wissen oder von kommunikativen Praktiken ausgeschlossen zu werden oder zum Schweigen gebracht zu werden, aber auch Kontexte, in denen die Bedeutungen mancher systematisch verzerrt oder falsch gehört und falsch dargestellt werden, in (...) denen manchen misstraut wird oder es an epistemischer Handlungsfähigkeit mangelt. In diesem Buch wird eine Übersicht über die breite Debatte epistemischer Ungerechtigkeit, epistemischer Unterdrückung und epistemischer Gewalt gegeben, in dem unterschiedliche Theorien, die sich auf der Schnittstelle von Gerechtigkeitstheorie und epistemischen Fragen befinden, systematisch und kritisch diskutiert sowie theoretische Vorgänger dieser Theorien beleuchtet werden. (shrink)

Quest for a good society has a long pedigree in sociological thought and critical reflections. It vibrates with many themes of liberation, morality and justice in classical sociology as pioneered by thinkers such as Marx and Durkheim and themes of decent society and creative society in recent theoretical discourses. The present essay discusses this quest for a good society in contemporary social sciences with a detailed discussion of the work of Robert N. Bellah, the pre-eminent sociologist of our times. It (...) discusses Bellah’s quest for a good society in Japan and the US and in the process it discusses related themes such as dynamic harmony and dynamic sunyata. (shrink)

Proponents of political experiments in living, such as Elizabeth Anderson and Ryan Muldoon, often emphasize their potential to generate useful observational data about the relation between social rules and ethically desirable outcomes. This paper highlights another epistemic dimension of political experiments: their potential to transform the cognitive perspectives of participants. I argue that this transformative dimension of experimentation offers an endogenous societal mechanism for increasing perspectival diversity. I explore the implications of this mechanism for institutional design.

There is a basic methodological difference in the way anarchists and non-anarchists think about politics, often more implicit than explicit. Anarchists see politics and justice as being concerns of social institutions, norms, and relations generally – both inside and outside the state. Much of academic political philosophy talks of politics and justice as if they are definitionally concerns about what states should do, or our relationships with each other through the state. In this chapter, we argue that the anarchists are (...) on the right side of this difference. We call the insight that undergirds the anarchists’ understanding of politics and justice “methodological anarchism.” We seek to exorcise the policy framework in favor of methodological anarchism. Indeed, we believe it should be embraced by all political philosophers, not only the anarchists among their ranks. Political philosophers ought to abstain from the policy framework for two reasons. Firstly, it is analytically impoverished inasmuch as, when followed to its logical conclusion, it is unable to engage with enormous areas of analysis that are relevant to what makes a society just or unjust. Secondly, it instills subtle prejudice against other important approaches to mitigating injustice that are unconcerned with public policy. This also carries the danger of lending ideological support for existing injustices and thereby entrenching them. Accepting our critique of the policy framework and adopting methodological anarchism does not necessarily require the acceptance of any kind of substantive political anarchism. But it does mean thinking a bit more like an anarchist about how to make society more just – thus our characterization of it as “methodological.”. (shrink)

Many agents have failed to comply with their responsibilities to take the action needed to avoid dangerous anthropogenic climate change. This pervasive noncompliance raises two questions of nonideal political theory. First, it raises the question of what agents should do when others do not discharge their climate responsibilities. (the Responsibility Question) In this paper I put forward four principles that we need to employ to answer the Responsibility Question (Sections II-V). I then illustrate my account, by outlining four kinds of (...) action that should be undertaken (Section VI). Pervasive noncompliance also raises a second question: Given the lack of progress in combating climate change, should existing governance structures be maintained or changed (and if they should be changed, in what ways)? (the Governance Question). The paper briefly outlines a methodology for addressing this question and outlines what a nonideal response to the existing institutional structures would be (Section VII). It does so with reference to the Paris Agreement, and in particular the creation of a "global stocktake" (Article 14, Paris Agreement) and the "facilitative dialogue" (paragraph 20 of the ‘Adoption of the Paris Agreement’). The aim, then, is to set out an account of a nonideal theory of climate justice. (shrink)

We analyse two foundational social problems regarding early childhood education. The first, in the late nineteenth century, is infant mortality, a social problem that constituted the historical legitimation for the first crèches. The second, the prevention of school failure, is very topical today. By analysing these examples in their historicity, taking into account social, political, economical and scientific contexts, it becomes clear that early childhood education can contribute to the individualisation and decontextualisation of social problems. Yet acknowledging this also means (...) opening windows of new opportunities, as far as the construction of social problems remains an open debate in which disagreement rather than consensus is fostered. (shrink)

The application of human right frameworks is an increasingly important part of efforts to accelerate progress in global mental health. Much of this has been driven by several influential legal and policy instruments, most notably the United Nations’ Convention on the Rights of Persons with Disabilities, as well as the World Health Organization’s QualityRights Tool Kit and Mental Health Action Plan. Despite these significant developments, however, much more needs to be done to prevent human rights violations. This chapter focuses on (...) a critical component of this broader challenge, which is the question of how best to regulate and reduce the use of coercive measures. The recent literature on coercion in psychiatry – which addresses involuntary commitment, seclusion, restraint, and forced medication – represents a useful resource that can help guide tractable solutions in global mental health. These issues are evaluated from the perspective of global health governance, and several general recommendations are made in order to improve monitoring and enforcement, provide guidance for domestic legislative reform, and strengthen health systems. (shrink)

Progressive family policy regimes typically aim to promote and protect women’s opportunities to participate in the workforce. These policies offer significant benefits to affluent, two-parent households. A disproportionate number of low-income and impoverished families, however, are headed by single mothers. How responsive are such policies to the objectives of these mothers and the needs of their children? This chapter argues that one-size-fits-all family policy regimes often fail the most vulnerable household and contribute to intergenerational poverty in two ways: by denying (...) at-risk children adequate parenting, and by undermining their mothers’ legitimate interest in nurturing and caring for their own children. The capabilities of these mothers and the well-being of their children are better served by policies which recognise maternal caregiving as a productive and valuable occupation meriting equal respect and social support. (shrink)

This study examines an important aspect of energy history and policy: the intertwinement of energy technologies with ideals. Ideals play an important role in energy visions and innovation pathways. Aspirations to realize technical, social, and political ideals indicate a long-term commitment in the design of energy systems, distinguishable from commitment to other abstract goals, such as values. This study offers an analytical scheme that could help to conceptualize these differences and their impact on energy policy. In the proposed model, two (...) spheres of interaction are highlighted: a material sphere in which values and technologies co-evolve, and an imaginary sphere in which ideals interact with idealized technologies. Furthermore, the relation between these two spheres can be understood in different ways. This study examines three cases that are illustrative of the different roles of ideals in the development of energy technologies and visions: (1) the evolution of safety in nuclear reactor design; (2) visions of atomic power in France; (3) the political idealization of a tidal power scheme in the Severn Estuary. Finally, the developed model implies more general insights for the development of sociotechnical systems. Amongst others, it shows why certain projects and technologies remain a political, but not a techno–economic option. (shrink)

Criticism directed at neoclassical economics has failed to replace it with a similar grand theory. The author argues that one possible explanation may lie in the failure of economists to formulate an opinion as to the philosophical foundations of the author’s object of study. The paper aims to discuss this issue. The argument proceeds in two steps. First, the authors review the prevailing philosophical view of “the self-interest theory (S)”, which is one of the most powerful constituents of today’s economics, (...) and social theorizing in general. Second, the authors present a reasoning framework in which rationality becomes intelligible within a schema of integrating the self’s external and internal conditionalities into a unified view of human reasoning. (shrink)

This chapter describes a philosophical approach to theorizing justice, mapping out some main strands of the tradition leading up to contemporary political philosophy. We first briefly discuss what distinguishes a philosophical approach to justice from other possible approaches to justice, by explaining the normative focus of philosophical theories of justice – that is, a focus on questions not about how things actually are, but about how things ought to be. Next, we explain what sorts of methods philosophers use to justify (...) theories of justice. Following this, in the longest section, we highlight major questions about justice that have drawn the attention of philosophers, and indicate how competing conceptions of justice have arisen from differing answers to these questions. The goal here is not to answer but to elucidate some of the larger questions about justice, as well as to establish a framework for understanding and distinguishing different kinds of claims about justice and some of the relations between them. (shrink)

This chapter describes how philosophical theorizing about justice can be connected with empirical research in the social sciences. We begin by drawing on some received distinctions between ideal and non-ideal approaches to theorizing justice along several different dimensions, showing how non-ideal approaches are needed to address normative aspects of real-world problems and to provide practical guidance. We argue that there are advantages to a transitional approach to justice focusing on manifest injustices, including the fact that it enables us to set (...) aside some reasonable disagreements about justice. The ‘bottom-up’ approach we advocate, for which we borrow Wolff’s term ‘real-world political philosophy’, is an empirically-informed normative analysis that attends to specific, identifiable injustices, and thus is partial, though not isolationist. We illustrate our approach by considering how different models of the nature of disability suggest different kinds of remedy for injustices faced by persons living with disabilities. We reflect on the nature and significance of vulnerabilities, and we assess the role of public opinion in normative theorizing, suggesting a particular significance for the opinions and experiences of marginalized groups. We finally reflect on the relevance of European legal and institutional frameworks for theorizing justice in Europe. (shrink)

I would argue that toleration is one of the cornerstones for a just social order in any pluralistic society. Yet, the ideal of toleration is usually thought to originate from within, and most often justified from a European historical and philosophical context. It is thought to be a response to societal conflict and the Wars of Religion in the West, which is then exported to the rest of the world, by colonialism (ironically), or globalization. The West, once again, calls upon (...) itself to teach the rest of the world how to be more ethical. I think that this not only plays into the hands of cultural and ethical relativists, but that this picture is far from accurate; it ignores rich indigenous sources for toleration that already exist and have existed in India for millennia. In this chapter, I explore three central and predominant ideas in India as providing justification for distinctly Indian forms of toleration; as well, I explore Indian forms of secularism. I examine how toleration, and indeed, more strongly, respect for difference and pluralism, emerge through three influential Indian self-understandings: the theory of anekāntavāda or non-absolutism; the concept of ātman or self; and the idea of pratītyasamutapāda or interconnectedness. In contrast to various Euro-Western legal and political ideals that may have little resonance, I think indigenous sources offer a far more promising alternative ground upon which to build an overlapping convergence on basic human rights in India. As the eminent Indian philosopher and states person Sarvepalli Radhakrishnan (1955), Gadamer (Pantham 1992), and James Tully (1995) contend: the purpose of such convergence is not uniformity in diversity, but rather, unity in diversity. These sources provide an antidote not only to current forms of Hindutva in India, but may have something of value from which the West can learn -- given the European Caste System which is alive and continues to thrive today. (shrink)

This chapter explores two central questions in the conceptual ethics of normative inquiry. The first is whether to orient one’s normative inquiry around folk normative concepts (like KNOWLEDGE or IMMORAL) or around theoretical normative concepts (like ADEQUATE EPISTEMIC JUSTIFICATION or PRO TANTO PRACTICAL REASON). The second is whether to orient one’s normative inquiry around concepts whose normative authority is especially accessible to us (such as OUGHT ALL THINGS CONSIDERED), or around concepts whose extension is especially accessible to us (such as (...) BETRAYAL). The chapter aims to make vivid and plausible a range of possible answers to these questions, and important forms of argument that can be used to favor certain answers over others. (shrink)

Bioethics has increasingly become a standard part of medical school education and the training of healthcare professionals more generally. This is a promising development, as it has the potential to help future practitioners become more attentive to moral concerns and, perhaps, better moral reasoners. At the same time, there is growing recognition within bioethics that nonideal theory can play an important role in formulating normative recommendations. In this chapter we discuss what this shift toward nonideal theory means for ethical curricula (...) within healthcare education. In particular, we contend that more attention to the particularities of historical and social context needs to be incorporated into bioethics training. To make this argument, we focus on two examples: teaching units on race and medicine and those that focus on stigma and coercion in mental health. For both, we show how a pedagogical approach in which educators focus on social injustice could influence how practitioners engage in ethics in the clinic. This chapter, then, demonstrates what a commitment to nonideal theory can mean practically when it comes to bioethics education. (shrink)

I first distinguish four types of objection to paternalism and argue that only one – the principled objection – amounts to a substantive and distinct normative doctrine. I then argue that this doctrine should be understood as preventing certain facts from playing the role of reasons they would otherwise play. I explain how this filter approach makes antipaternalism independent of several philosophical controversies: On the role reasons play, on what reasons there are, and on how reasons are related to values. (...) I go on to contrast the filter approach with the competing and dominant action-focused approach, which understands objections to paternalism in terms of paternalistic action, behavior, law, policy and the like. Seana Shiffrin and Peter de Marneffe are singled out as prominent recent proponents of this approach. By engaging with their definitions of paternalism, I explain how the action-focused approach makes antipaternalism dependent on the sorting of actions into paternalistic and nonpaternalistic according to what reasons support them. Because one and the same action can be supported by many different reasons, and by different sorts of reasons, such sorting is very difficult. The upshot is that antipaternalism on the action-focused account fails to provide the precise normative implications of the filter approach that I favor. (shrink)

This paper scrutinizes the tension between individuals’ rights and paternalism. I will argue that no normative account that includes rights of individuals can justify hard paternalism since the infringement of a right can only be justified with the right or interest of another person, which is never the case in hard paternalism. Justifications of hard paternalistic actions generally include a deviation from the very idea of having rights. The paper first introduces Tom Beauchamp as the most famous contemporary hard paternalist (...) by outlining his moral theory (principlism) and showing why it, as it stands, has to allow for hard paternalism. Secondly, the paper focuses on the notion of rights within principlism. I will employ traditional theories of rights to make sense of rights in principlism. Unfortunately, this attempt fails. In the third part, then, I claim that rights can only be limited with reference to the rights or interests of others. This structure is the very point of rights, it is their bite. I will argue for this claim and show its implications. The most important implication is that not only principlism, but every normative theory that includes rights of individuals, has to abolish hard paternalism. (shrink)

Suppose that an autonomous vehicle encounters a situation where (i) imposing a risk of harm on at least one person is unavoidable; and (ii) a choice about how to allocate risks of harm between different persons is required. What does morality require in these cases? Derek Leben defends a Rawlsian answer to this question. I argue that we have reason to reject Leben’s answer.

It is common in political theory and practice to challenge normatively ambitious proposals by saying that their fulfillment is not feasible. But there has been insufficient conceptual exploration of what feasibility is, and very little substantive inquiry into why and how it matters for thinking about social justice. This paper provides one of the first systematic treatments of these issues, and proposes a dynamic approach to the relation between justice and feasibility that illuminates the importance of political imagination and dynamic (...) duties to expand agents’ power to fulfill ambitious principles of justice. (shrink)

Many of the problems we face can usefully be modeled as prisoners’ dilemmas. All the standard game-theoretic solutions to prisoners’ dilemmas lead, in the real world, to assurance games. But too often some aspects of our social interaction are as much obscured by, as illuminated by, game theory. Removing some of the epistemic constraints often accepted by game theorists will enable us to distinguish between productive and destructive prisoners’ dilemmas. Doing so is an important step in understanding the nature of (...) some of our social problems. (shrink)

After describing the disorder of psychopathy, I examine the theories and the evidence concerning the psychopaths’ deficient moral capacities. I first examine whether or not psychopaths can pass tests of moral knowledge. Most of the evidence suggests that they can. If there is a lack of moral understanding, then it has to be due to an incapacity that affects not their declarative knowledge of moral norms, but their deeper understanding of them. I then examine two suggestions: it is their deficient (...) practical reason or their stunted emotions that are at fault. The evidence supports both explanations. I conclude with an overview of the debate concerning whether they are morally or legally responsible for their actions. (shrink)

Many philosophers appeal to the “fallacy of approximation”, or “problem of second best”. However, despite the pervasiveness of such appeals, there has been only a single attempt to provide a systematic account of what the fallacy is. We identify the shortcomings of this account and propose a better one in its place. Our account not only captures all the contexts in which approximation-based reasoning occurs but also systematically explains the several different ways in which it can be in error.

The role that need plays in dealing with problems of distributive justice is examined in a series of vignette studies. Among other things, it becomes clear that impartial observers make gradual assessments of justice that depend on the extent to which the observed individuals are endowed with a good. If it is known how high their need for that good is, the assessments are made relative to this reference point. In addition, impartial decision-makers make hypothetical distribution decisions that take into (...) account need, productivity, and accountability. The need of individuals is partially compensated even if they have contributed less to the available amount than they themselves require. However, the willingness to do so decreases if they are accountable for needing more than others or for having contributed less than others. Lastly, both impartial observers and impartial decision-makers distinguish between different types of needs, the fulfillment of which is given different levels of importance. (shrink)

This paper will be concerned with hard choices—that is, choice situations where an agent cannot make a rationally justified choice. Specifically, this paper asks: if an agent cannot optimize in a given situation, are they facing a hard choice? A pair of claims are defended in light of this question. First, situations where an agent cannot optimize because of incompleteness of the binary preference or value relation constitute a hard choice. Second, situations where agents cannot optimize because the binary preference (...) or value relation violates acyclicity do not constitute a hard choice. (shrink)

While there is a substantial conceptual literature on equality in education, there has been little clarificatory discussion on the term equity, despite its frequent use in policy and planning documents. The article draws out some different ways in which equity can be understood in education. It distinguishes three forms of equity, looking at the social context when major shifts in the meaning of the term took place in English—the fourteenth century, the sixteenth century and the eighteenth century. Terming these equity (...) from below, equity from above, and equity from the middle, the analysis highlights how each helps clarify aspects of the concern with diversity within the capability approach. The conclusion drawn is that all three forms of equity need to be placed in articulation to expand capabilities in education. (shrink)

The books’ goal is to answer the question: Do the weaknesses of value-free economics imply the need for a paradigm shift? The author synthesizes criticisms from different perspectives (descriptive and methodological). Special attention is paid to choices over time, because in this area value-free economics has the most problems. In that context, the enriched concept of multiple self is proposed and investigated. However, it is not enough to present the criticisms towards value-free economics. For scientists, a bad paradigm is better (...) than no paradigm. Therefore, the author considers whether value-based economics with normative approaches such as economics of happiness, capability approach, libertarian paternalism, and the concept of multiple self can be the alternative paradigm for value-free economics. This book is essential reading to everyone interested in the current state of economics as a discipline. (shrink)

Justice and Vulnerability in Europe contributes to the understanding of justice in Europe from both a theoretical and empirical perspective. It shows that Europe is falling short of its ideals and justice-related ambitions by repeatedly failing its most vulnerable populations. Interdisciplinary and expert contributors search for the explanations behind these failing ambitions, through analysis of institutional discourse, legal debate and practice and the daily experiences of vulnerable populations, such as those dependent on social care and welfare. By setting tentative criteria (...) for justice as 'participatory parity', in line with the insights of the political philosopher Nancy Fraser, the book challenges European policy makers to re-define redistributive, recognitive and representative justice. (shrink)

This book develops a novel approach to distributive justice by building a theory based on a concept of desert. As a work of applied political theory, it presents a simple but powerful theoretical argument and a detailed proposal to eliminate unmerited inequality, poverty, and economic immobility, speaking to the underlying moral principles of both progressives who already support egalitarian measures and also conservatives who have previously rejected egalitarianism on the grounds of individual freedom, personal responsibility, hard work, or economic efficiency. (...) By using an agnostic, flexible, data-driven approach to isolate luck and ultimately measure desert, this proposal makes equal opportunity initiatives both more accurate and effective as it adapts to a changing economy. It grants to each individual the freedom to genuinely choose their place in the distribution. It provides two policy variations that are perfectly economically efficient, and two others that are conditionally so. It straightforwardly aligns outcomes with widely shared, fundamental moral intuitions. Lastly, it demonstrates much of the above by modeling four policy variations using 40 years of survey data from the Panel Study of Income Dynamics. (shrink)

Para quienes tengan interés en la filosofía moral y política contemporánea la obra de John Rawls es sin discusión una parada necesaria. De hecho, la tesis de Robert Nozick según la cual resulta imposible hacer filosofía moral y política sin considerar el marco ofrecido por Rawls, aunque parezca extrema, resulta bastante acertada. En gran medida el impacto de la obra de Rawls radica en su interés por ofrecer una teoría sustantiva de la justicia, teoría que hundiendo sus raíces en la (...) tradición de la filosofía sea capaz de orientarnos al momento de abordar las discusiones contemporáneas sobre justicia social. -/- En los trabajos que componen este libro el lector podrá encontrar una discusión actualizada sobre aquellos elementos que definen la base moral y política que Rawls presentó como fundamento de su teoría de la justicia. Al mismo tiempo, estos ensayos intentan construir un puente entre la justicia como equidad y otras tradiciones de la filosofía moral y política contemporánea. Para lograr este último fin, varios de los trabajos que aquí se presentan consideran las ideas de reconocimiento y autorrespeto como claves de interpretación de la obra de Rawls. (shrink)

In liberal political theory, meaningful work is conceptualised as a preference in the market. Although this strategy avoids transgressing liberal neutrality, the subsequent constraint upon state intervention aimed at promoting the social and economic conditions for widespread meaningful work is normatively unsatisfactory. Instead, meaningful work can be understood to be a fundamental human need, which all persons require in order to satisfy their inescapable interests in freedom, autonomy, and dignity. To overcome the inadequate treatment of meaningful work by liberal political (...) theory, I situate the good of meaningful work within a liberal perfectionist framework, from which standpoint I develop a normative justification for making meaningful work the object of political action. To understand the content of meaningful work, I make use of Susan Wolf’s distinct value of meaningfulness, in which she brings together the dimensions of objectivity and subjectivity into the ‘bipartite value’ of meaningfulness (BVM) (Wolf, Meaning in life and why it matters, 2010). However, in order to be able to incorporate the BVM into our lives, we must become valuers, that is, co-creators of values and meanings. This demands that we acquire the relevant capabilities and status as co-authorities in the realm of value. I conclude that meaningful work is of first importance because it is a fundamental human need, and that society ought to be arranged to allow as many people as possible to experience their work as meaningful through the development of the relevant capabilities. (shrink)

The problem of “dirty hands” has become an important term, indeed one of the most important terms of reference, in contemporary academic scholarship on the issue of torture. The aim of this essay is to offer a better understanding of this problem. Firstly, it is argued that the problem of “dirty hands” can play neither within rule-utilitarianism nor within absolutism. Still, however, the problem of “dirty hands” represents an acute, seemingly irresolvable, conflict within morality, with the moral agent understood, following (...) Nagel, as necessarily holding mixed, absolutist-consequentialist moral intuitions, pulling in opposite directions. Secondly, a distinction is drawn between real situations of “dirty hands,” and other conflictual scenarios, which are commonly, but unjustifiably placed under the metaphorical title of “dirty hands.” Finally, it is suggested - utilizing Nagel’s own ideas, as developed in his later work, and Sen’s notion of evaluator relativity—that the moral “blind alley” manifested in the problem of “dirty hands” may not be totally blind after all, at least from the situated agent’s own internal point of view (as opposed to that of an external observer trying to put herself in the agent’s position by way of moral simulation). Thus, contrary to Walzer’s approach, it is possible for a person (politician) acting in a situation of “dirty hands,” not to believe herself to be guilty, but still be a moral person. (shrink)

Sustainability has become a major goal of domestic and international development. This essay analyzes the transitions of normative ideas embedded in the notion of sustainability by reviewing the discourses in the representative reports and literature from different periods. Three sets of ideas are proposed: inter- and intra-generational equity, stability of public systems, and a sense of solidarity, which confirms the scope of community and functions as a precondition for the previous two ideas. This essay uses the case of a health (...) system in a hypothetical country to illustrate that, besides securing financial sustainability, a genuinely sustainable public system must also meet the three normative ideas of sustainability. This essay also finds that these three ideas may create intrinsic tensions within the prevalent policy-making model—democracy. The pursuit of sustainability is not only the responsibility of a democratic government, but also a shared moral obligation of the body politic. (shrink)

For 40 years, Peter Singer has deployed the case of the child drowning in the shallow pond to argue for greater donations in foreign aid. The persistent use of the shallow pond example in theorizing about global poverty ignores morally salient features of the real world, and ignoring such morally salient features can have a variety of harmful implications for anti-poverty work. I argue that the shallow pond example should be abandoned, and defend this claim against possible objections.