Many accounts of the moral duty to obey the law either restrict the duty to ideal democracies or leave the duty’s application to non-ideal societies unclear. This article presents and defends a partial account of the moral duty to obey the law in non-ideal societies, focusing on the duty to obey judicial orders. We need public judicial authority to prevent objectionable power relationships that can result from disputes about private agreements. The moral need to prevent power imbalances in private relationships (...) grounds a qualified moral duty to obey judicial decisions. The parties to a dispute are morally required to comply with a judicial order in their dispute if all of the following conditions obtain: the parties’ dispute was in good faith, the court’s resolution of the dispute is more impartial than either party’s own judgment, the order does not call for violation of important natural duties or important artificial duties that the duty-bearer incurred involuntarily, and the primary aim of disobeying the court order would be to advance an ordinary, non-political project, not to call public attention to an injustice. The moral duty to obey judicial decisions can survive significant departures from ideal fairness. (shrink)

This paper explores two different versions of ‘the realist turn’ in recent political theory. It begins by setting out two principal realist criticisms of liberal moralism: that it is both descriptively and normatively inadequate. It then pursues the second criticism by arguing that there are two fundamentally different responses among realists to the alleged normative inadequacy of ideal theory. First, prescriptive realists argue that the aim of realism is to make political theory more normatively adequate by making it more realistic. (...) Interpretative realists, on the other hand, argue that realist theorising should detach itself from such an aspiration, and instead aim at theoretical understanding rather than normative prescription. After some further elaboration of what interpretative realism might look like, it is acknowledged that both approaches still need to address the question of political normativity. (shrink)

:Current debates about ideal theory and idealization in modern moral and political philosophy do not typically scrutinize the form of reflection itself. This is an unfortunate oversight: assumptions about the form of reflection shape the positions defended in those debates. I argue that the appropriate form of reflection on the nature and justification of standards of justice and morality is the form of practical reason. I further argue that the form of practical reason cannot support many of the idealizations typically (...) deployed in modern moral and political philosophy. (shrink)

Journal of International Political Theory, Ahead of Print.

This paper investigates the relationship between economic theory and theories of justice in the design of public policy. In particular, it focuses on the role of mechanism design in policy contexts beset with issues of social, racial and distributive justice. Economists’ involvement in redesigning Boston’s algorithm for allocating K-12 students to public schools serves as an instructive case study. The paper draws on the distinction betweenideal theoryandnon-ideal theoryin political philosophy and the concept ofperformativityin economic sociology to argue that mechanism design (...) can enact elaborate ideal theories of justice. Anormative gapthus emerges between the goals of the policymakers and the objectives of economic designs. As a result, mechanism design may obstruct stakeholders’ avenues for normative criticism of public policies, and serve as a technology of depoliticization. (shrink)

In The Idea of Justice Amartya Sen criticises ‘transcendental institutionalism’ for entertaining notions of ‘ideal justice’ that, are neither necessary nor sufficient for the advancement of justice in the real world. Sen argues in favor of a ‘realization- focused’ and ‘comparative’ understanding of justice that he associates with the names of Adam Smith, Marx, and J. S. Mill. Conceptions of ideal justice. Sen believes, are useless since in practice we do not need them to advance justice. And they are ‘infeasible’ (...) because all conceptions of ideal justice can be reasonably rejected for one reason or other. I shall address both complaints in turn and maintain that Sen’s rigid contra-position of ideal and comparative justice is overstated. It will also be discussed how the institutional focus of ‘transcendental institutionalism’ links up with the need for an ideal conception of justice. Finally, some implications of rational dissent about justice and two common strategies to deal with it will be discussed. (shrink)

Supporters of political realism and republicanism as well as students of political feasibility and non-ideal theory progressively focus on the dimension of power in the political relation. Yet we lack the theoretical framework to represent these features of power. In this essay, I take a first step towards designing the necessary conceptual tools for such a framework by analyzing the relations between the concepts of power and normativity that define the political relation. Adopting a ‘methodological cynicism’, I analyse the reasons (...) that motivate cynics who are only interested in power to obey a norm against force or violence and to seek legitimacy. This allows us to characterize external or mediate relations between power and normativity (such as the relation underlying political theory’s ambition of offering normative guidance for power) and identify internal and immediate relations between power and normativity. (shrink)

Der Aufsatz untersucht, was mit der Metapher von der moralischen "Einbettung" von Märkten gemeint ist. Zunächst werden verschiedene Formen der deskriptiven Einbettung - soziologisch, rechtlich, und institutionell - unerschieden, was zu der These führt, dass kein Markt in einem deskriptiven Sinn „uneingebettet“ ist, und dass die Frage nach Einbettung nicht alleine durch die Betrachtung von Märkten beantwortet werden kann, sondern eine breitere institutionelle Analyse erfordert. Anschließend wird vorgeschlagen, Einbettung im moralischen Sinn als die Forderung nach der Vermeidung verschiedener Formen von (...) Schädigungen zu verstehen, und diese nach dem systematischen Ort der Schädigung und anhand der Kategorien materiell versus immateriell zu kategorisieren. Anschließend werden Hindernisse für die vorgeschlagene Konzeptualisierung und deren praktische Umsetzung diskutiert, nämlich die Frage nach den relevanten Vergleichsmaßstäben und das Problem der Dynamik unbeabsichtigter Folgen, das eine entsprechende Dynamik auch in den Reaktionen auf diese Folgen nötig macht. Der Aufsatz schließt mit Überlegungen zu den Bedingungen der Möglichkeit der normativen Einbettung von Märkten auf nationaler und internationaler Ebene. (shrink)

This essay considers the relationship between ideal theory and non-ideal theory. It begins with Rawls’s conception of ideal theory and A. John Simmons’s articulation of non-ideal theory. Both defend the priority of ideal theory over non-ideal theory. The essay then considers three different conceptions of the social barriers standing in the way of an ideal society, taken broadly from Mill, Marx, and Foucault. Each conception of power suggests a divergent strategy for pursuing non-ideal theory. The Foucauldian conception also suggests reasons (...) to mistrust our own political and moral judgments. The essay advocates a more limited view of the relationship between ideal and non-ideal theory than is commonly described, in which ideal theory retains its logical priority but not its temporal priority. In other words, the essay argues that we will fare best when we focus first on reducing specific injustices while setting aside further speculation about the character of an ideal society. (shrink)

One of the most troubling features of international trade is that it often involves exchange between individuals facing dramatically different life circumstances, who therefore derive different levels of benefit from the exchange. Most obviously, wages are extremely low in underdeveloped countries. However, the principle underlying these wages is the same as the one the dictates wage levels in wealthy countries. It is, therefore, difficult to criticize the wages paid to ?pauper labor? without at the same time criticizing the way that (...) capitalism functions as a whole. For those who would like to question aspects of globalization, without simply repeating the standard moralizing critique of capitalism, this poses particular difficulties. This paper offers some suggestions on how egalitarians can approach this issue. The central piece of conceptual apparatus introduced, in the service of this aim, is the distinction between a ?first-best?, a ?second-best?, and an ?nth best? set of normative principles. It is then suggested, first, that capitalism is acceptable to egalitarians only within a third-best framework, and second, that this low level of idealization imposes real constraints on how far one can go in criticizing trade practices at the global level. (shrink)

Charles Mills has argued against ideal theory in political philosophy on the basis that it contains idealizations. He calls for political philosophers to do more nonideal theory, namely political theory that pays more attention to the most visible oppressions in society, such as those based on race, gender, and class. Mills's argument relies on a distinction between idealization and abstraction. Idealizations involve adding false assumptions to one's model, which is unacceptable, whereas abstractions merely leave out details without undermining descriptive power. (...) By studying formal models of injustice, I argue that the idealization/abstraction distinction is unhelpful. Either the distinction exists only relative to one's modeling purposes, or all models in political theory contain idealizations. Either way, the distinction does not help Mills's cause. Furthermore, there are arguments from philosophy of science for the epistemic benefits of idealizations. However, Mills's call for greater emphasis on the most visible mechanisms of oppression can be supported without relying on an idealization/abstraction distinction. I provide three alternative reasons for why we should prefer political theories that place more emphasis on race-, class-, and gender-based oppression. (shrink)

In recent years, a number of realist thinkers have charged much contemporary political theory with being idealistic and moralistic. While the basic features of the realist counter-movement are reasonably well understood, realism is still considered a critical, primarily negative creed which fails to offer a positive, alternative way of thinking normatively about politics. Aiming to counteract this general perception, in this article I draw on Bernard Williams’s claims about how to construct a politically coherent conception of liberty from the non-political (...) value of freedom. I do this because Williams’s argument provides an illuminating example of the distinctive nature of realist political thinking and its attractions. I argue that Williams’s account of realist political thinking challenges the orthodox moralist claim that normative political arguments must be guided by an ideal ethical theory. I then spell out the repercussions Williams’s claims about the significance of political opposition and non-mor... (shrink)

Thomas Pogge argues that John Rawls’s priority of liberty rule is not constraining enough: it permits morally unacceptable restrictions of basic liberties. Because of this, Pogge claims that Rawls fails in his two central ambitions: to construct a moral conception that (1) opposes utilitarianism and (2) matches his judgments in reflective equilibrium. Pogge attributes this error to Rawls’s “purely recipient-oriented theorizing”—assessing a society’s basic structure based on how its citizens fare. I argue that Rawls’s theory does not allow restrictions of (...) liberty that are offensive to moral considerations. I then explain how my arguments against Pogge show that Rawls’s idea of reflective equilibrium is crucial for assessing a society’s basic structure and how it follows from this that Rawls’s theorizing is not purely recipient-oriented. (shrink)

What do we want from a theory of justice? Amartya Sen argues that what we should not want is to follow the social contract approach revived by John Rawls, or transcendental institutionalism, in its preoccupation with perfectly just institutions. Sen makes an effective case against approaches, such as G. A. Cohen’s, concerned with transcendent, fact-independent principles of justice, but not against Rawls’ constructivist approach to justice when this is properly interpreted as making a weak transcendental argument. Situating Rawls’ approach within (...) the tradition of the liberalism of freedom provides a basis for interpreting his Kantian constructivism as a form of transcendental institutionalism, and for revealing the affinities between Rawls’ idea of reflective equilibrium and Jürgen Habermas’ method of rational reconstruction. Such a Kantian conception of justice, concerned with constituting relations of equal liberty between free and equal citizens, remains essential for orienting our pursuit of justice. (shrink)

What should our theorizing about social justice aim at? Many political philosophers think that a crucial goal is to identify a perfectly just society. Amartya Sen disagrees. In The Idea of Justice, he argues that the proper goal of an inquiry about justice is to undertake comparative assessments of feasible social scenarios in order to identify reforms that involve justice-enhancement, or injustice-reduction, even if the results fall short of perfect justice. Sen calls this the “comparative approach” to the theory of (...) justice. He urges its adoption on the basis of a sustained critique of the former approach, which he calls “transcendental.” In this paper I pursue two tasks, one critical and the other constructive. First, I argue that Sen’s account of the contrast between the transcendental and the comparative approaches is not convincing, and second, I suggest what I take to be a broader and more plausible account of comparative assessments of justice. The core claim is that political philosophers should not shy away from the pursuit of ambitious theories of justice (including, for example, ideal theories of perfect justice), although they should engage in careful consideration of issues of political feasibility bearing on their practical implementation. (shrink)

When we make public policy choices, is it helpful to know how utopia would look? Amartya Sen argues that it is neither necessary, nor sufficient, nor even contributory. He claims that before making a policy choice one should compare several feasible institutional designs to see which promotes justice most, and that it is misleading to use the perfect design as a standard in those comparisons. Principles of justice are the proper standard. The present article contends that the perfect design has (...) nevertheless an important role to play in the prior task of identifying and refining our principles of justice. It also shows that the perfect design—in at least one sense of this term—may be a legitimate long-term goal for present policy choices. (shrink)

Despite great advances in recent scholarship on the political philosophy of John Rawls, Rawls’s conception of stability is not fully appreciated. This essay aims to remedy this by articulating a more complete understanding of stability and its role in Rawls’s theory of justice. I argue that even in A Theory of Justice Rawls maintains that within liberal democratic constitutionalism judgments of relative stability typically adjudicate decisively among conceptions of justice and is committed to more deeply than to the substantive content (...) of justice as fairness. This essay thus emphasizes the continuity of Rawls’s thought over time and motivates the position that Rawlsian stability is as philosophically significant and distinctively Rawlsian as justice as fairness itself. (shrink)

Bioethicists invoke a duty to rescue in a wide range of cases. Indeed, arguably, there exists an entire medical paradigm whereby vast numbers of medical encounters are treated as rescue cases. The intuitive power of the rescue paradigm is considerable, but much of this power stems from the problematic way that rescue cases are conceptualized—namely, as random, unanticipated, unavoidable, interpersonal events for which context is irrelevant and beneficence is the paramount value. In this article, I critique the basic assumptions of (...) the rescue paradigm, reframe the ethical landscape in which rescue obligations are understood, and defend the necessity and value of a wider social and institutional view. Along the way, I move back and forth between ethical theory and a concrete case where the duty to rescue has been problematically applied: the purported duty to regularly return incidental findings and individual research results in genomic and genetic research. (shrink)

Following John Rawls, nonideal theory is typically divided into: (1) “partial-compliance theory” and (2) “transitional theory." The former is concerned with those circumstances in which individuals and political regimes do not fully comply with the requirements of justice, such as when people break the law or some individuals do not do their fair share within a distributive scheme. The latter is concerned with circumstances in which background institutions may be unjust or may not exist at all. This paper focuses on (...) issues arising in transitional theory. In particular, I am concerned with what Rawls’ has called “burdened societies," that is, those societies that find themselves in unfavorable conditions, such that their historical, social or economic circumstances make it difficult to establish just institutions. The paper investigates exactly how such burdened societies should proceed towards a more just condition in an acceptable fashion. Rawls himself tells us very little, except to suggest that societies in this condition should look for policies and courses of action that are morally permissible, politically possible and likely to be effective. In this paper I first try to anticipate what a Rawlsian might say about the best way for burdened societies to handle transitional problems and so move towards the ideal of justice. Next, I construct a model of transitional justice for burdened societies. Ultimately, I argue for a model of transitional justice that makes use of a nonideal version of Rawls’ notion of the worst-off representative person. (shrink)

This article asks whether our moral duties are created by others’ non-compliance and whether we should fulfill them or not. For example, do we need to donate more of our income to eradicate world poverty because billionaires do not donate? If so, how much should we donate? In short, should we make up for others’ defaulting on their moral duties – and if so, how and to what extent? Such situations are called non-ideal circumstances in political philosophy. With the increasing (...) importance of non-ideal theories of justice and ethics, the question of how we should act in non-ideal situations has received more attention in the ethics literature in recent years. This article poses and addresses the question of whether we should take up the slack when others do not comply with their own moral duty. This article examines how consequentialism and contractualism might respond to non-ideal situations of taking up the slack and then defends a contractualist-constructivist approach to dealing with these situations. (shrink)

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

One of the most pressing and debated issues in contemporary sport is the inclusion of transgender athletes in competition. This is especially the case of transgender women who seek to compete in th...

Journal of Social Philosophy, EarlyView.

RésuméSelon le scepticisme anarchiste d'A. John Simmons, il n'y a pas d'obligation d'obéir à la loi dans l’état actuel des choses, car les obligations légales n'ont de légitimité que lorsqu'elles sont volontairement contractées par la plupart ou de nombreux citoyens. Cependant, la sensibilité de Simmons à la diversité des raisons et à la possibilité d'un conflit non résolu suggère une position alternative pluraliste. Celle-ci montre que les fondements de l'autorité légitime sont pluriels et incluent la justice distributive. En outre, même (...) les obligations contractées volontairement peuvent être annulées par des raisons contradictoires, comme lorsque nous sommes liés par le devoir à un régime injuste. (shrink)

When interest in political realism started to resurge a few years ago, it was not uncommon to interpret realist political theory as a form of non-ideal theorising. This reading has been subjected to extensive criticism. First, realists have argued that political realism cannot be interpreted as merely a form of applied political theory. Second, realists have explained that political realism can defend a role for unfeasible normative prescriptions in political theory. I explain that these developments, besides allowing us to reject (...) interpretations of political realism as a form of non-ideal theory, have given us reason to think of political realism as a form of ideal theory. Yet, when ideal theory enters the picture, a series of methodological questions arise regarding the proper use of ideals. In this paper, I clarify how the relationship between ideal and non-ideal theory ought to be conceptualised in realist political theory. I examine the two major interpretations of the role of ideals that have been provided so far – the target and benchmark interpretations – and I show that neither is compatible with some of the fundamental theoretical commitments of realist political theory. This both allows me to point out the requirements that an interpretation of the relationship between ideal and non-ideal theory must meet to be defined as properly realist and allows me to emphasise the strengths of the realist approach. Accordingly, I propose a new interpretation of the role of ideals, one consistent with realist theoretical commitments: I suggest that realist political ideals ought to be interpreted as models. (shrink)

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

In the last couple of years, increased attention has been directed at the question of whether there is such a thing as a distinctively political normativity. With few exceptions, this question has so far only been explored by political realists. However, the discussion about a distinctively political normativity raises methodological and meta-theoretical questions of general importance for political theory. Although the terminology varies, it is a widely distributed phenomenon within political theory to rely on a normative source which is said (...) to be political rather than moral, or at least foremost political. In light of this concern, the present paper moves beyond political realism in the attempt to explore alternative ways of understanding distinctively political normativity, in a way which may be useful for political theorists. More specifically, we investigate two candidate views, here labelled the “domain view” and the “role view,” respectively. The former traces distinctness to the “domain,” that is, to the circumstances of politics. This view has gained a lot of support in the literature in recent years. The latter traces distinctness to “role,” that is, the role-specific demands that normative-political principles make. Our twofold claim in this paper is that the domain view is problematic but that the role view is promising. (shrink)

The question of what role social and political practices should play in the justification of normative principles has received renewed attention in post-millennium political philosophy. Several current debates express dissatisfaction with the methodology adopted in mainstream political theory, taking the form of a criticism of so-called ‘ideal theory’ from ‘non-ideal’ theory, of ‘practice-independent’ theory from ‘practice-dependent’ theory, and of ‘political moralism’ from ‘political realism’. While the problem of action-guidance lies at the heart of these concerns, the critics also share a (...) number of methodological assumptions. Above all, their methodology is practice-dependent in the sense that an existing practice is assumed to put substantial limitations on the appropriate normative principles for regulating it. In other words, we cannot formulate and justify an appropriate principle without first understanding the practice this principle is supposed to govern. The aim of this paper is to map out and analyze the common denominators of these debates with regard to methodological commitments. We will investigate how this practice-dependent method may be understood and motivated. In particular, we point to challenges that must be met in order for the position to remain both distinct and attractive. (shrink)

Although the discussion about feasibility in political theory is still in its infancy, some important progress has been made in the last years to advance our understanding. In this paper, we intend to make a contribution to this growing literature by investigating the proper place of feasibility considerations in political theory. A motivating force behind this study is a suspicion that many presumptions made about feasibility in several current debates—such as that between practice-independence and practice-dependence, ideal and non-ideal theory, and (...) political moralism and political realism—are too rigid and underestimate the numerous different ways in which feasibility concerns may enter into our theorizing. To chisel out this feasibility space, our aim is to suggest two metatheoretical constraints on normative political principles as intuitively plausible, the so-called ‘fitness constraint’ and the ‘functional constraint’, through which we elucidate five central aspects for determining proper feasibility constraints of an account in political theory. (shrink)

While methodological and metatheoretical questions pertaining to feasibility have been intensively discussed in the philosophical literature on feasibility and justice in recent years, these discussions have not permeated the debate on global democracy. The overall aim in this paper is to demonstrate the fruitfulness of importing some of the advancements made in this literature into the debate on global democracy as well as to develop aspects that are relevant for explaining the role of feasibility in normative political theory. This is (...) done by pursuing two arguments. First, to advance the work on the role of feasibility, we suggest two metatheoretical constraints on normative political theorizing as intuitively plausible – the ‘fitness constraint’ and the ‘functional constraint’ – which elucidate a number of aspects relevant for determining proper feasibility constraints of an account in political theory. Second, to illustrate the usefulness of this feasibility framework, we sketch an account of global democracy consisting of normative principles which respond differently to these aspects and thus are tied to different feasibility constraints as well as exemplify how it may be applied in practice. (shrink)

In end-of-life care discussions, I contend that the distinction between “having a life” vs. “being alive” is an underutilized distinction. This distinction is significant in separating different states of existence conflated by patients, families, and clinicians. In the clinical setting, applying this distinction in end-of-life care discussions aids patients’ and family members’ decision-making by helping them understand that being alive can differ from having a life. Moreover, this distinction helps them decide which state may be the most important to them. (...) After applying this distinction to three complex cases, I respond to the likely objection that “having a life” vs. “being alive” is less accurate and more controversial than other distinctions. I conclude by arguing that “having a life” vs. “being alive” is more accurate and less controversial than distinctions between medically indicated vs. medically inappropriate treatments, personhood, and quantity vs. quality of life. (shrink)

Virtue ethics is increasingly regarded as a viable alternative to consequentialist or deontological systems of normative ethics. This paper argues that there can be no such triumvirate of contending comprehensive ethical systems. That is not because virtue is unimportant but rather because genuine virtue is excellent and therefore rare. For most people in most morally salient situations there is no possibility of virtuous response because possession of the relevant virtues simply does not obtain nor can be usefully simulated. Instead, the (...) much more universal and important moral requirement is suitable moderation of one’s vices. Nor should it be supposed that the absence of virtue necessarily diminishes the quality of an individual’s life and that person’s value to others. Rather, moral deficiencies are compatible with other excellences and may indeed contribute to them. I conclude that virtue ethics is less worthy of pursuit than vice ethics. (shrink)

An important question in recent work in political philosophy concerns whether facts about individuals’ motivational deficiencies are facts to which principles of justice are sensitive. In this context, David Estlund has recently argued that the difficulties individuals’ face in motivating themselves to act do not affect the content of normative principles that apply to them. Against Estlund, the paper argues that in principle the motivational difficulties individuals face can affect the content of normative principles that apply to them. This argument (...) is made with reference to so-called Agent-Centred Prerogatives. The paper argues that because the limits on human motivational capacities can affect the extent to which it is burdensome to do something, those limits also impact on the nature of justified Agent-Centred Prerogatives. If Agent-Centred Prerogatives to depart from a putative normative principle depend on the burdensomeness of complying with that requirement, human motivational capacities can affect which normative principles apply. (shrink)

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

Some realists in political theory deny that the notion of feasibility has any place in realist theory, while others claim that feasibility constraints are essential elements of realist normative theorising. But none have so far clarified what exactly they are referring to when thinking of feasibility and political realism together. In this article, we develop a conception of the realist feasibility frontier based on an appraisal of how political realism should be distinguished from non-ideal theories. In this realist framework, political (...) standards are feasible if they meet three requirements: they are politically intelligible, contextually recognisable as authoritative, and contestable. We conclude by suggesting that our conception of realist feasibility might be compatible with utopian demands, thereby possibly finding favour with realists who otherwise refuse to resort to the notion of feasibility. (shrink)

Theories of political legitimacy normally stipulate certain conditions of legitimacy: the features a state must possess in order to be legitimate. Yet there is obviously a second question as to the value of legitimacy: the normative features a state has by virtue of it being legitimate (such as it being owed obedience, having a right to use coercion, or enjoying a general justification in the use of force). I argue that it is difficult to demonstrate that affording these to legitimate (...) states is morally desirable, and that obvious alternative conceptions of the value of legitimacy (notably epistemic and instrumental) are not without problems of their own. The intuitive triviality of establishing the value of normative legitimacy may mask a serious problem. (shrink)

This essay appreciatively and critically engages the late Robert Veatch’s extensive and important contributions to transplantation ethics, in the context of his overall ethical theory and his methods for resolving conflicts among ethical principles. It focuses mainly on ways to obtain and allocate organs from deceased persons, with particular attention to express donation, mandated choice, and presumed consent/routine salvaging in organ procurement and to conflicts between medical utility and egalitarian justice in organ allocation. It concludes by examining the unclear relations (...) between Veatch’s ideal moral theory and his nonideal moral theory, especially in organ allocation. (shrink)

The feasibility constraint on the concept of justice roughly states that a necessary condition for something to qualify as a conception of justice is that it is possible to achieve and maintain given the conditions of the human world. In this paper, I propose three alternative interpretations of this constraint that could be derived from different understandings of the Kantian formula ‘ought implies can’: the ability constraint, the motivational constraint and the institutional constraint. I argue that the three constraints constitute (...) a sequence in the sense that accepting the motivational constraint presupposes that we accept the ability constraint, and to accept the institutional constraint presupposes that we accept both previous constraints. Adding the possibility of rejecting all three constraints, we get four distinct metatheoretical positions that theorists could take vis-à-vis the feasibility constraint on justice. (shrink)

This paper examines the various ways in which nonideal theory responds to noncompliance with ideal principles of justice. Taking Rawls’ definition of nonideal theory as my point of departure, I propose an understanding of this concept as comprising two subparts: Complementary nonideal theory responds to deliberate and avoidable noncompliance and consists mainly of theories of civil disobedience, rebellion, and retribution. Substitutive nonideal theory responds to nondeliberate and unavoidable noncompliance and consists mainly of theories of transition and caretaking. I further argue (...) that a special case of substitutive nonideal theory may arise when noncompliance is a result of a lack of motivation among citizens. This situation, I suggest, calls for nonideal theorizing when our aim is to evaluate the political actions undertaken by specific members of a society whose set of feasible options is constrained as a result of others’ lack of motivation and when a situation of mutually reinforcing distrust and noncooperation—sometimes called a “social trap”—constrains the feasible option set of the entire population. The main advantage of the twofold conceptualization of nonideal theory is that it bridges the theoretical gap between actor-oriented and situation-based accounts of justice: It allows us to preserve the term ideal justice for justice under minimal feasibility constraints, while recognizing that a situation where all agents comply with their duties must in some sense be characterized as just. (shrink)

This article explores the role that considerations about the feasibility of a political proposal should play at the levels of both ideal and non-ideal theory. Drawing on recent work in the literature on political feasibility, I begin by describing a ‘constraint-based’ view of ideal and non-ideal theory, with feasibility considerations serving different functions depending on whether they are operating at the ideal or non-ideal level. Taking feasibility seriously at either level presents us with at least two important challenges. Firstly, we (...) need principles which enable us to weigh the value of a proposal's feasibility against its other normatively significant properties, and against those of alternative proposals. Secondly, we need the capacity to gauge the nature of the epistemic constraints which apply to our feasibility assessments themselves. In response to these problems, I propose a ‘narrowing-down’ approach, focused on developing our capacities to make accurate and reliable judgements about the feasibility of political proposals. (shrink)

O objetivo deste artigo é analisar a crítica de Waldron a Rawls, feita no livro “Law and Disagreement”. Queremos saber se nessa crítica está implícita a ideia de que Rawls faz uma má idealização. Para fazer isso, teremos, em primeiro lugar, que esclarecer o que é uma “teoria ideal” e o que são boas ou más idealizações. Falaremos sobre essas distinções na primeira seção do artigo. Waldron ataca a alegada incapacidade da teoria de Rawls de tratar seriamente os desacordos sobre (...) princípios políticos. A exposição dessa crítica e a análise de seu desenrolar vai ocupar as parcelas mais significativas do artigo, e será feita nas seções seguintes. Ao fim da análise, defenderemos que, apesar de a crítica de Waldron ser forte, ela não implica que há más idealizações de Rawls. (shrink)