ABSTRACT:We discuss workers’ dignity in hierarchical organizations. First, we explain why a conflict exists between high-ranking individuals’ authority and low-ranking individuals’ dignity. Then, we ask whether there is any justification that reconciles hierarchical authority with the dignity of workers. We advance a communitarian justification for hierarchical authority, drawing upon Confucianism, which provides that workers can justifiably accept hierarchical authority when it enables a certain type of social functioning critical for the good life of workers and other involved parties. The Confucian (...) communitarian perspective shows that promoting workers’ good life or well-being is an important condition for protecting their dignity. (shrink)

Debates over egalitarianism for the most part are not concerned with constraints on achieving an egalitarian society, beyond discussions of the deficiencies of egalitarian theory itself. This paper looks beyond objections to egalitarianism as such and investigates the relevant psychological processes motivating people to resist various aspects of egalitarianism. I argue for two theses, one normative and one descriptive. The normative thesis holds that egalitarians must take psychological constraints into account when constructing egalitarian ideals. I draw from non-ideal theories in (...) political philosophy, which aim to construct moral goals with current social and political constraints in mind, to argue that human psychology must be part of a non-ideal theory of egalitarianism. The descriptive thesis holds that the most fundamental psychological challenge to egalitarian ideals comes from what are called Just World Beliefs. A troubling result of Just World Beliefs, one that poses a prima facie obstacle to egalitarianism, is that people tend to dismiss or explain away any threats to their belief that the world is fundamentally just. The pervasiveness and severity of Just World Beliefs predicts that people will be resistant to egalitarian policies. My aim is to show how research on Just World Beliefs can help diagnose common problems for egalitarianism and assist in making realistic recommendations for bringing current societies closer to egalitarian ideals. (shrink)

Ethicists have tended to treat the psychology of attributing mental states to animals as an entirely separate issue from the moral importance of animals’ mental states. In this paper I bring these two issues together. I argue for two theses, one descriptive and one normative. The descriptive thesis holds that ordinary human agents use what are generally called phenomenal mental states to assign moral considerability to animals. I examine recent empirical research on the attribution of phenomenal states and agential states (...) to argue that phenomenal mental states are the primary factor, psychologically, for judging an animal to be morally considerable. I further argue that, given the role of phenomenal states in assigning moral considerability, certain theories in animal ethics will meet significant psychological resistance. The normative thesis holds that ethicists must take the psychology of attributing mental states into account when constructing moral ideals concerning animals. I draw from the literature in political philosophy on ideal and non-ideal theory to argue that non-ideal theories for animals must account for human psychology because—like current social and political conditions—human psychology limits the achievement of moral ideals. (shrink)

Why do thinkers hostile or agnostic toward Christianity find in its apocalyptic doctrines—often seen as bizarre—appealing tools for interpreting politics? This article tackles that puzzle. First, i...

This article examines the relationship between compromise and fairness, and considers in particular why, if a fair outcome to a conflict is available, the conflict should still be subject to compromise. It sets out the defining features of compromise and explains how fair compromise differs from both principled and pragmatic compromise. The fairness relating to compromise can be of two types: procedural or end-state. It is the coherence of end-state fairness with compromise that proves the more puzzling case. We offer (...) reasons why people should be allowed to resolve conflicting or competing claims through compromise, even if compromise comes at the expense of end-state fairness, but we resist the suggestion that the primary rationale for compromise is to be found in non-ideal circumstances. (shrink)

Realists criticise the moralised approaches that inform ideal political theory for being unable to handle the brute facts of disagreement that constitute political reality. As a result, such approaches are insufficiently political, too ambitious in terms of the substantive unanimity that can be expected to emerge from political differences, and naive in the proposals they make. In this paper, I use Brian Barry’s ‘moralised‘ approach – as developed in ’Justice as Impartiality’ – to argue that ideal theory can be reformulated (...) to make it capable not only of responding to realist criticisms, but of offering a moralised approach to politics that has significant realist pedigree. As an instance of this pedigree, I argue thus understood, ideal theory can provide us the tools to distinguish between the making of compromises and the acceptance of capitulation and thereby contribute to an understanding of our political worlds. (shrink)

Realists criticise the moralised approaches that inform ideal political theory for being unable to handle the brute facts of disagreement that constitute political reality. As a result, such approaches are insufficiently political, too ambitious in terms of the substantive unanimity that can be expected to emerge from political differences, and naive in the proposals they make. In this paper, I use Brian Barry’s ‘moralised‘ approach – as developed in ’Justice as Impartiality’ – to argue that ideal theory can be reformulated (...) to make it capable not only of responding to realist criticisms, but of offering a moralised approach to politics that has significant realist pedigree. As an instance of this pedigree, I argue thus understood, ideal theory can provide us the tools to distinguish between the making of compromises and the acceptance of capitulation and thereby contribute to an understanding of our political worlds. (shrink)

This paper argues that the Lockean proviso can be utilized as a relevant principle of justice for food security under global climate change. Since reducing GHG emissions is key to enhancing food security, we suggest a global food security scheme that systematically allots, among all people, access to GHG sinks in food systems impacted by global climate change. For consideration of the scheme, it is important to have a principle of justice. Furthermore, it should incorporate the value of fairness. A (...) relevant principle of climate justice for food security should meet the following criteria: (1) the parties concerned under the scheme are states; (2) fairness does not undermine the requirement that the basic needs of all people must be met; (3) when determining fair burdens, a fair distribution of the rights to use GHG sinks should be sensitive both to each state’s responsibility for its GHG emissions and to (4) each state’s effort to reduce such emissions. With them in mind, first, we argue that the Lockean proviso can provide legitimate guidance for each state. Second, the Lockean proviso reasonably enjoins that a state has a right to a food system that secures its citizens’ basic needs, and a duty to meet the basic needs of other people. Third, the Lockean proviso can be deployed as a principle of both global justice and intergenerational justice for food security. Finally, the Lockean proviso enables us to count the reduction of GHG emissions by each state as “the fruits of its labors”. (shrink)

Policing in many parts of the world—the United States in particular—has embraced an archetypal model: a conception of the police based on the tenets of individuated archetypes, such as the heroic police “warrior” or “guardian.” Such policing has in part motivated moves to (1) a reallocative model: reallocating societal resources such that the police are no longer needed in society (defunding and abolishing) because reform strategies cannot fix the way societal problems become manifest in (archetypal) policing; and (2) an algorithmic (...) model: subsuming policing into technocratic judgements encoded in algorithms through strategies such as predictive policing (mitigating archetypal bias). This paper begins by considering the normative basis of the relationship between political community and policing. It then examines the justification of reallocative and algorithmic models in light of the relationship between political community and police. Given commitments to the depth and distribution of security—and proscriptions against dehumanizing strategies—the paper concludes that a nonideal-theory priority rule promoting respect for personhood (manifest in community and dignity-promoting policing strategies) is a necessary condition for the justification of the above models. (shrink)

Why does institutional police brutality continue so brazenly? Criminologists and other social scientists typically theorize about the causes of such violence, but less attention is given to normative questions regarding the demands of justice. Some philosophers have taken a teleological approach, arguing that social institutions such as the police exist to realize collective ends and goods based upon the idea of collective moral responsibility. Others have approached normative questions in policing from a more explicit social-contract perspective, suggesting that legitimacy is (...) derived by adhering to (limited) authority. This article examines methodologies within political philosophy for analyzing police injustice. The methodological inquiry leads to an account of how justice constrains the police through both special (or positional) moral requirements that officers assume voluntarily, as well as general moral requirements in virtue of a polity’s commitment to moral, political and legal values beyond law enforcement and crime reduction. The upshot is a conception of a police role that is constrained by justice from multiple foundational stances. (shrink)

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)

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)

: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)

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)

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)

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)

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)

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)

The Oxford Handbook of Philosophy and Race provides up-to-date explanation and analyses by leading scholars of contemporary issues in African American philosophy and philosophy of race. These original essays encompass the major topics and approaches in this emerging philosophical subfield that supports demographic inclusion and diversity while at the same time strengthening the conceptual arsenal of social and political philosophy. Over the course of the volume's ten topic-based sections, ideas about race held by Locke, Hume, Kant, Hegel, and Nietzsche are (...) supplemented by suppressed thought from the African diaspora, early twentieth-century African American perspectives and Native-, Asian-, and Latin-, American views. The contributors bring philosophical analysis to bear on the status of racial divisions as categories of humanity in the biological sciences, as well as within contemporary criticism and conceptual analysis. Essays present the special applications of American philosophy and continental philosophy to ideas of race as methodological alternatives to more analytic approaches. As a collection of analyses and assessments of 'race' in the real world, the volume pays trenchant and relevant attention to historical and contemporary racism and what it means to say that 'race' and racial identities are socially constructed. The essays analyze contemporary social issues including the importance of racial difference and identity in education, public health, medicine, IQ and other standardized tests, and sports. Additionally, the essays consider the societal limitations and structures provided by public policy and law. As a critical theory, the volume compares the study of race to feminism. Historical and contemporary, academic and popular, racisms pertaining to male and female gender receive special consideration throughout the volume. While this comprehensive collection may have the effect of a textbook, each of the original essays is a fresh and authentic development of important present thought. (shrink)