:This essay offers a “nonideal” case for giving institutional priority to markets and private contracting in the basic structure of society. It sets out a “robust political economy” framework to examine how different political economic regime types cope with frictions generated by the epistemic limitations of decision-makers and problems of incentive incompatibility. Focusing on both efficiency arguments and distributive justice concerns the essay suggests that a constitutional structure that prioritizes consensual exchange is more likely to sustain a cooperative venture for (...) mutual advantage. (shrink)

This essay argues that whereas ‘analytic’ political philosophy is focussed on generating reasons that are oriented to the issue of articulating norms of justice, legitimacy and so on, that guide political judgements about institutions and/or forms of conduct; ‘Continental’ political philosophy is oriented to critically assessing the practices of reasoning that characterise our social and political institutions and forms of conduct as well as our first-order normative reflection on them. It explores the distinction between the two orientations in terms of, (...) what are called, their ‘structural problematics’: the guidance problem and the critique problem, before considering briefly ways in which they may be combined. (shrink)

John Rawls famously distinguishes between ideal and nonideal theory, according priority to the former. He depicts his own efforts to articulate the conception of justice as fairness as an instance of ideal theory. Subsequent political theorists have taken Rawls’s distinction as a template for how we should understand the tasks of political theory. Yet they also have struggled to clarify the underlying distinction with notable lack of success. We argue that Rawls himself does not abide by the distinction between ideal (...) and nonideal theory and that this affords a good reason to set the distinction aside as a distraction. (shrink)

This article provides a normative framework for evaluating the moral permissibility of various defences of European Union (EU) values against their violation in EU member states. This requires, first, a coherent interpretation of EU values as the values of liberal democracy; second, a clear notion of when they are violated; third, a theory of how liberal democracy can be defended with measures that are consistent with the values of liberal democracy themselves; and, finally, a discussion of what the EU’s role (...) is in this defence. The article argues that it would be permissible for the EU to combine a number of political, cultural, socio-economic and legal responses in a concentric defence of liberal democracy as long as they respect the separation of powers doctrine and do not rely on problematic notions of collective responsibility. (shrink)

I present a new challenge to the Rawlsian insistence on ideal theory as a compass orienting concrete policy choices. My challenge, focusing on global politics, consists of three claims. First, I contend that our global ideal can become more ambitious over time. Second, I argue that Rawlsian ideal theory’s level of ambition might change because of concrete policy choices, responding to moral failures which can be identified and resolved without ideal theory. Third, I argue that we currently face such potentially (...) transformative choices. I conclude that these choices are analytically prior to, rather than derivative from, global ideal theory. (shrink)

In the works of Kant and Rawls, we find an acute sensibility to the pre-eminent importance of freedom of speech. Both authors defend free speech in democratic societies as a private and as a public entitlement, but their conceptions markedly differ when applied to non-liberal and non-democratic societies. The difference is that freedom of speech, for Kant, is a universal claim that can serve as a test of legitimacy of all legal orders, while for Rawls, some legal orders are owed (...) full recognition even if they do not in principle guarantee freedom of speech. I explain Kant’s account of free political speech and argue that the defence of individual rights should be seen as its core feature, both in republican and in autocratic states. I then argue that a much-overlooked shift in Rawls’s development toPolitical Liberalismlikewise ties his account of free speech in democratic societies to issues concerning rights and justice. In a next step, I discuss Rawls’s perspective on some non-democratic regimes in hisLaw of Peoples, regimes that he understands as well-ordered but which do not guarantee freedom of speech. I criticize Rawls’s account from Kant’s perspective and suggest to introduce a ‘module’ from Kant’s pre-republican thought into Rawls’s conception, aiming to secure a core area of rights- and justice-related speech. My claim is that under Kant’s view of autocratic legitimacy, an important extension of speech rights is called for even in non-liberal, non-democratic states, and that a Rawlsian account should and can adopt it. (shrink)

This article explores objections made against ideal theorizing in political philosophy by two prominent contemporary critical theorists: Axel Honneth and Charles Mills. In Freedom’s Right, Honneth...

John Rawls claims that public reasoning is the reasoning of ‘equal citizens who as a corporate body impose rules on one another backed by sanctions of state power’. Drawing on an amended version of Michael Bratman’s theory of shared intentions, I flesh out this claim by developing the ‘civic people’ account of public reason. Citizens realize ‘full’ political autonomy as members of a civic people. Full political autonomy, though, cannot be realised by citizens in societies governed by a ‘constrained proceduralist’ (...) account of democratic self-government, or the ‘convergence’ account of public justification formulated recently by Gerald Gaus and Kevin Vallier. (shrink)

John Rawls claims that the kind of citizenship education required by political liberalism demands ‘far less’ than that required by comprehensive liberalism. Many educational and political theorists who have explored the implications of political liberalism for education policy have disputed Rawls's claim. Writing from a comprehensive liberal perspective, Amy Gutmann contends that the justificatory differences between political and comprehensive liberalism generally have no practical significance for citizenship education. Political liberals such as Stephen Macedo and Victoria Costa maintain that political liberalism (...) requires a form of citizenship education that is far more demanding than that suggested by Rawls. Gordon Davis and Blain Neufeld, in contrast, defend Rawls's position. These different views have implications for the content of mandatory citizenship education, understanding of the ‘common school ideal,’ and the scope for educational choice within the framework of political liberalism. However, the differences between Gutmann, Macedo, and Costa, on the one hand, and Davis and Neufeld, on the other, might be attributable, at least in part, to their different foci. Gutmann, Macedo, and Costa focus on non-ideal theory, specifically the contemporary American context, whereas Davis and Neufeld begin, as does Rawls, within ideal theory, and consider non-ideal circumstances from that perspective. (shrink)

In The Law of Peoples Rawls claims that liberal well-ordered societies (LWOSs) should regard certain non-liberal societies, decent hierarchical societies (DHSs), as equal members of a just international order, a ‘Society of Peoples.’ Rawls maintains, however, that while the ‘basic structures’ (the main political and economic institutions) of LWOSs are fair systems of social cooperation, the basic structures of DHSs are only ‘decent’ systems of social cooperation. I explain why the basic structures of DHSs cannot be fair systems of social (...) cooperation. In doing so, I refute a recent defense of DHSs advanced by Samuel Freeman. I then argue that because the basic structures of DHSs cannot be fair systems of social cooperation, Rawls is not justified in holding that LWOSs should refrain always from offering economic incentives to DHSs in order to encourage them to liberalize their political institutions. The ultimate aim of the foreign policies of LWOSs should be a world in which liberal democratic rights are respected by all societies. (shrink)

The current philosophical debate on just international trade has moved away from purely idealistic theorizing into the direction of non-ideal theory. At the same time most philosophical thought on just trade is still rather idealistic and the main argument of the paper is that some philosophical reasoning about international trade justice should be more realistic. The paper develops in three steps. In a first step I will give a short overview over normative questions that arise with respect to international trade. (...) I will then highlight a proposal brought forward by Leif Wenar, because he is aware of the realist challenge and tries to counter it. In a second step I will discuss why it is important to integrate a realist perspective into philosophical considerations of international trade justice. Trade agreements are embedded in political contexts that influence the normative perspective one should take on trade justice. This leads to the third part of the article, where I will explore how a realist approach can go along with more idealistic perspectives, which leads to a weakly realist perspective on trade justice. (shrink)

Political philosophy has traditionally been defined as a normative discipline with a distinctively ideal component, largely informed by moral philosophy. In this paper, I investigate a prominent critique of ideal theory specifically with the goal of resituating the debate within a larger framework in the philosophy of science. I then mount a novel case for how ideal theory should be viewed in terms of scientific modelling. I close with a discussion of how this view can dissolve apparent paradoxes and provide (...) distinct advantages to the political theorist. (shrink)

The view of business ethics that Christopher McMahon calls the “implicit morality of the market” and Joseph Heath calls the “market failures approach” has received a significant amount of recent attention. The idea of this view is that we can derive an ethics for market participants by thinking about the “point” of market activity, and asking what the world would have to be like for this point to be realized. While this view has been much-discussed, it is still not well-understood. (...) This paper seeks to remedy this problem. I begin by showing, against some recent commentators, that McMahon’s view and Heath’s view are fundamentally the same. Second, I clarify the sense of “efficiency” at work in the market failures approach. Finally, I argue that, in its current form, this view has little relevance to the real world of business. I conclude by sketching two ways of modifying it to fit our world. (shrink)

One major question in climate justice is whether developed countries’ historical emissions are relevant to distributing the burdens of mitigating climate change. To argue that developed countries should bear a greater share of the burdens of mitigation because of their past emissions is to advocate ‘historical accountability.’ Standard arguments for historical accountability rely on corrective justice. These arguments face important objections. By using the notion of a global emissions budget, however, we can reframe the debate over historical accountability in terms (...) of distributive justice. This paper argues that, given two defensible assumptions, distributive justice requires historical accountability. These assumptions are that the proper claimants on the emissions budgets are societies or states, not individuals, and that we should be allocating the entirety of the original, pre-industrial budget, rather than just the remainder. (shrink)

Animal ethics has often been criticized for an overreliance on “ideal” or even “utopian” theorizing. In this article, I recognize this problem, but argue that the “nonideal theory” which critics have offered in response is still insufficient to make animal ethics action-guiding. I argue that in order for animal ethics to be action-guiding, it must consider agent-centered theories of change detailing how an ideally just human-animal coexistence can and should be brought about. I lay out desiderata that such a theory (...) of change should suffice so as to be helpful in guiding action. Specifically, a theory of change should determine (1) who needs to do what in order for ideal justice to be achieved in the long run, (2) who should be expected to refuse compliance and how they should be moved to comply, and (3) why specific intermediate steps are necessary. I show how previous “nonideal” contributions, though helpful in other ways, are insufficiently determinate on these points and I sketch a (still somewhat utopian) theory of change for one specific context. This brings animal ethics a crucial step closer to being action-guiding in the real world. (shrink)

Idealization is ubiquitous in human cognition, and so is the inclination to be puzzled by it: what to make of ideal gas, infinitely large populations, homo economicus, perfectly just society, known to violate matters of fact? This is apparent in social science theorizing, recent philosophy of science analyzing scientific modeling, and the debate over ideal and non-ideal theory in political philosophy. I will offer a set of concepts and principles to improve transparency about the precise contents of idealizations and their (...) distinct functions. (shrink)

This article examines John Simmons’ Lockean theory of territorial rights and defends the superiority of the rival nationalist theory that he rejects. It begins by arguing that all philosophical acc...

Amartya Sen argues that Rawls’s theory is not only unnecessary in the pursuit of justice, but it may even be an impediment to justice in so far as it has discouraged more useful work. Against what he considers the dominance of transcendental theory, Sen calls for a more realistic and practical ‘comparative’ theory of justice. Sen’s negative point has been widely discussed, but here I develop a reconstruction of Sen’s positive theory (a combination of Adam Smith’s Impartial Spectator, Social Choice (...) Theory, and the Capabilities Approach) in order to evaluate it on its own terms. I find that the theory is technocratic, despite Sen’s insistence to the contrary. (shrink)

The role of the ‘ideal’ in political philosophy is currently much discussed. These debates cast useful light on Mill's self-designation as ‘under the general designation of Socialist’. Considering Mill's assessment of potential property-relations on the grounds of their desirability, feasibility and ‘accessibility’ (disambiguated as ‘immediate-availability’, ‘eventual-availability’ and ‘conceivable-availability’) shows us not only how desirable and feasible he thought ‘utopian’ socialist schemes were, but which options we should implement. This, coupled with Mill's belief that a socialist ideal should guide social reforms (...) (as the North Star guides mariners), reveals much more clearly the extent of his socialist commitments (even if he thought political economists would be concerned with forms of individual property for some time to come). Moreover, this framework for assessments of ‘ideal’ institutions makes a useful contribution to an ongoing contemporary debate. (shrink)

In recent work in political philosophy there has been much discussion of two approaches to theorizing about justice that have come to be called ‘ideal theory’ and ‘non-ideal theory’. The distinction was originally articulated by Rawls, who defended his focus on ideal theory in terms of a supposed ‘priority’ of the latter over non-ideal theory. Many critics have rejected this claim of priority and in general have questioned the usefulness of ideal theory. In diagnosing the problem with ideal theory, they (...) have frequently fingered for blame the idealization it involves. In this paper I focus on one particular, much-discussed idealization—full compliance—in order to defend it. Focusing on the assumption, I argue that Rawls’s work is not ideal in the way that it is usually thought to be, is less ideal than is widely recognized, and became less ideal over time. I also argue that critics who in effect claim that it is not realistic enough simply fail to understand Rawls’s central motivation. Finally, I defend the assumption by arguing that there is an important sense in which all theories of justice must assume full compliance. Such an assumption, I argue, is needed if we are to have a plausible basis on which to judge the normative attractiveness of a theory. (shrink)

This article discusses the adequacy of Rawls’ theory of justice as a tool for racial justice. It is argued that critics like Charles W Mills fail to appreciate both the insights and limits of the Rawlsian framework. The article has two main parts spread out over several different sections. The first is concerned with whether the Rawlsian framework suffices to prevent racial injustice. It is argued that there are reasons to doubt whether it does. The second part is concerned with (...) whether a Rawlsian framework has the resources to rectify past racial injustice. It is argued that it has more resources to do this than Mills allows. This second part of the article centers on two Rawlsian ideas: ideal theory and the fair equality of opportunity principle. It is argued that ideal theory is essential for the kind of rectificatory work that Mills wants nonideal theory to do, and that where there is a socioeconomic legacy of past injustice, it is hard to see how FEO could be implemented if it did no rectificatory work, a result which means that there is less need to turn to nonideal theory at all. (shrink)

Among mainstream political philosophers, Charles Mills is probably best known, not as the author of The Racial Contract, but for his long-running critique of ideal theory and Rawls for his association with it. Yet the critique of ideal theory that followed the publication of The Racial Contract is prefigured in that very work, where we find in inchoate form what would be further developed later on. In the book, this early formulation of the critique occupies a small part of a (...) larger, more general argument condemning mainstream political philosophy for the way that it has ignored race. In this paper, I explore the relation of the critique to this more general argument. It might be thought that the general argument leads inevitably to the critique of ideal theory. I will argue that this is not so. I will show how Mills’ more general argument can be made without taking the further step of critiquing ideal theorizing. The blame for why mainstream political philosophy has ignored race, and continues to ignore race, I will argue, should be placed elsewhere. (shrink)

Conflicting answers to the question of what principles of justice are for may generate very different ways of theorizing about justice. Indeed divergent answers to it are at the heart of G. A. Cohen's disagreement with John Rawls. Cohen thinks that the roots of this disagreement lie in the constructivist method that Rawls employs, which mistakenly treats the principles that emerge from a procedure that involves factual assumptions as ultimate principles of justice. But I argue that even if Rawls were (...) to abandon his constructivism, and to accept Cohen's argument that ultimate principles of justice are not grounded directly in any facts, their divergent views concerning the proper role of principles of justice would lead them to different conclusions. I contend that even if ultimate principles of justice are not directly grounded in any facts, the role that principles of justice are needed to play may mean that their justification depends upon facts about what is feasible and facts about what is burdensome to people. Contrary to what Cohen maintains, being dependent on the facts in this manner does not preclude a principle from being ultimate; nor do principles which have this sort of dependence on the facts necessarily combine justice with other values in a way that must lead to conflation. (shrink)

:A qualified pluralism is defended that recognizes value in a variety of forms of political theory and resists arguments that purport to show that one particular approach should occupy a privileged position. Against realists, it is argued that abstract analyses of political values that bracket a wide range of facts about people and their circumstances can be both coherent and important, whereas against those who think “ideal theory” or the identification of ultimate principles should come first, it is argued that (...) the case for always giving priority to either one of these is weak. (shrink)

Much of contemporary research ethics was developed in the latter half of the twentieth century as a response to the unethical treatment of human beings in biomedical research. Research ethical considerations have subsequently been extended to cover topics in the sciences and technology such as data handling, precautionary measures, engineering codes of conduct, and more. However, moral issues in the humanities have gained less attention from research ethicists. This article proposes an ethical principle for reading for research purposes: Respect the (...) author. (shrink)

Much of contemporary research ethics was developed in the latter half of the twentieth century as a response to the unethical treatment of human beings in biomedical research. Research ethical considerations have subsequently been extended to cover topics in the sciences and technology such as data handling, precautionary measures, engineering codes of conduct, and more. However, moral issues in the humanities have gained less attention from research ethicists. This article proposes an ethical principle for reading for research purposes: Respect the (...) author. (shrink)

:The ideal theory debate rests on two conflicting claims: that justice is “the first virtue of social systems”, and that a just society is one in which “everyone accepts and knows that the others accept the same principles of justice”.Justice firstholds that questions about the meaning of justice — and thus about what an ideally just society would look like — must be settled before we can effectively pursue justice. However,universal consententails a project of justification that can only take place (...) over time. I propose that we avoid this impasse by treating freedom rather than justice as the “first virtue” of a liberal society. Liberal freedom has two distinct and complementary dimensions, which give rise to two distinct and complementary moral aims: on the one hand, to create the social conditions that make responsible agency possible, and on the other hand to carve out a social space within which the demands of responsible agency are relaxed or absent. Striking the appropriate balance between these two dimensions of liberal freedom is irreducibly a matter of judgment. A freedom-centered liberalism therefore requires that we treat justice as the endpoint rather than the starting point of political action, thus severing the link between legitimacy and consent. (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(s) 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)

In this article, we introduce the project developed in this special issue: a search for principles of ‘real-world’ justice in international migration that can offer practical guidance on real political problems of migration governance. We begin by highlighting two sources of divergence between the principal topics of theoretical controversy within literatures on migration justice and the animating sources of political controversy within real national and international publics. These arise first in the framing of the problems on which normative theory is (...) purported to offer guidance, and second in the character of the normative reasons that are invoked as grounds for settling the controversies. In response to these divergences, we propose that the development of action-guiding normative theories of international migration can be supported with resources from broadly ‘realist’ approaches to political theory. We outline three key dimensions in which the ‘real-world’ theoretical approaches developed in this collection of papers connect up with important themes in the wider theoretical literature on political ‘realism’: first, a problem-centred methodological strategy; second, a focus on the value of political legitimacy; and third, a commitment to reconciling systematic engagement with real political problems and circumstances with a critical normative orientation towards political problems. (shrink)

This article diagnoses and critiques pervasive forms of teleological thought about basic structures of political organization in modern and contemporary political thought: arguments that the sovere...

This article diagnoses and critiques pervasive forms of teleological thought about basic structures of political organization in modern and contemporary political thought: arguments that the sovereign state, the nation-state, or some variant of a cosmopolis both represents the unfolding of history’s moral logic and offers us full moral personhood, agency, and maturity. Despite the received wisdom that modern political thought broke with teleology, I argue that early modern social contract theory was deeply teleological. The emergence of the normatively self-contained sovereign (...) state from the state of nature represented both decisive historical-moral progress from the medieval European non-state polities and the possibility of true moral personhood, thanks to the unity of will and judgment created by a unified authority structure. The article then argues that this overattachment to unity, both as an historical culmination and as a prerequisite to full personhood, was carried over into subsequent nationalist and cosmopolitan thought, where we see over-moralizations of historical processes, excessive claims for the teleological causal force of moral progress, and critiques of the immaturity of those persons who do not live in the recommended political form. The article closes with a sustained critique of both historical and individual-moral teleologies of these sorts. (shrink)

Allen Buchanan proposes a methodological framework with which theorists may evaluate different theories of secession, including the National Self-Determination theory. An important claim he makes is, because the right to secede is inherently institutional, any adequate theory of secession must include, as an integral part, an analysis of institutional morality. Because the National Self-Determination theory blatantly lacks such an analysis, Buchanan concludes that this theory is inherently flawed. In this paper, I consider Buchanan’s framework and the responses from supporters of (...) national self-determination theory. I try to clarify the confusion shared by both parties. I conclude that, although Buchanan’s theory of institutional morality is sound, his critiques of the national self-determination theory fails. (shrink)

This paper makes the case for a revision of contemporary forms of political realism in political theory. I argue that contemporary realists have gone awry in increasingly centring their approach around a metaethical claim: that political theory should be rooted in a political form of normativity that is distinct from moral normativity. Several critics of realism have argued that this claim is unconvincing. But I suggest that it is also a counterintuitive starting point for realism, and one unnecessary to avoid (...) the ‘applied morality’ approach to political theory that realists oppose. Instead, realism should be methodologically orientated around what I term ‘empirically constitutive political realities’ - enduring features of real political contexts that are systematically consequential in their normative implications. Realists can persuasively argue that such empirically constitutive political realities must be attended to in political theory-building, and not merely treated as a context in which independently formulated moral theories are simply applied. This framing of realism accords real politics a genuinely foundational theoretical role, but without requiring any contentious metaethical stance about a non-moral political normativity. I explain some methodological implications that follow for realism – in particular the need to prioritise empirically grounded theorisation of real political contexts over abstract and rather essentialist claims about ‘the political’. I also argue that such a framing of realism helps engender a more accurate, less divisive, and more pluralist conception of methodological debates within political theory. (shrink)

What should we do when we won't do as we ought? Suppose it ought to be that the procrastinating professor accept the task of reviewing a book, and actually review the book. It seems clear that given he won't review it, he ought not to accept the task. That is a genuine moral obligation in light of less than perfect circumstances. I want to entertain the possibility that a set of such obligations form something like a 'practical morality'; that which (...) we ought to do given that we're unlikely or unwilling to do much of what ideal morality demands. If it is possible to give a coherent account of these kinds of obligations, then it is possible to entertain the idea that these obligations are in fact what morality demands. The conceptual truths about justice (good, right, fairness) that come from ideals are one thing; the actions that morality demands of people given their actual circumstances are quite another. In this paper I will ask about the kinds of facts that can be used to establish a more circumscribed set of obligations than we get from the orthodox view about moral obligation. (shrink)

This essay provide an overview of debates about the method of political philosophy that have recently gripped the field, focusing on the relationship of theory to practice. These debates can be usefully organized using two oppositions that together carve the field into three broad families of views. Call “practicalism” the view that the theory of justice exists to guide political action. Call “utopianism” the view that reflection on the idea of a just society plays an important role in the theory (...) of justice. Call the view that combines the two positions, “utopian practicalism”. On this view, reflection on the nature of a just society has an important role to play in guiding action. There would appear to be two ways to depart from this position: by rejecting the view's utopianism or its practicalism. So we find in the literature three broad camps: utopian practicalists, anti‐utopians, and anti‐practicalists. This essay provide an opinionated overview the ongoing debates between these three broad positions. It touches on the recent cases against practicalism by G.A. Cohen and David Estlund, the comparativist methodologies advocated by anti‐utopians such as Amartya Sen and Gerry Gaus, and systems failure approaches of Elizabeth Anderson and David Wiens. It also considers the recent development of novel utopian practicalist perspectives in the work of theorists including Erik Wright, Tommie Shelby, Lea Ypi, Pablo Gilabert, and Ben Laurence. (shrink)

Unlike conceptual analysis, conceptual engineering does not aim to identify the content that our current concepts do have, but the content which these concepts should have. For this method to show the results that its practitioners typically aim for, being able to change meanings seems to be a crucial presupposition. However, certain branches of semantic externalism raise doubts about whether this presupposition can be met. To the extent that meanings are determined by external factors such as causal histories or microphysical (...) structures, it seems that they cannot be changed intentionally. This paper gives an extended discussion of this ‘externalist challenge’. Pace Herman Cappelen’s recent take on this issue, it argues that the viability of conceptual engineering crucially depends on our ability to bring about meaning change. Furthermore, it argues that, contrary to first appearance, causal theories of reference do allow for a sufficient degree of meaning control. To this purpose, it argues that there is a sense of what is called ‘collective long-range control’, and that popular versions of the causal theory of reference imply that people have this kind of control over meanings. (shrink)

ABSTRACT:In this article I inquire into Confucian ethics from a non-ideal stance investigating the complex interaction between Confucian ideals and the reality of the modern workplace. I contend that even Confucian workers who regularly engage in social rites at the workplace have an internal, Confucian reason to appreciate the value of rights at the workplace. I explain, from a Confucian non-ideal perspective, why I disagree with the presumptuous idea that labor rights are necessarily incompatible with Confucian ideals and values. Specifically, (...) I argue that if managers were “sages,” the highest moral exemplars and authorities in the Confucian tradition, they would perceive that social rituals alone are often not a contextually intelligent and valued response for the development of intimate communities in the modern workplace. The sage perspective will lead Confucian managers to realize, from their own moral perspective, that they have good reason to balance rites with rights, so long as the adoption is extrinsically valuable and consistent with the Confucian ideal. This article contributes to the debates about Confucianism's compatibility with rights, helps Western human rights scholars better contextualize their arguments in Confucianism-influenced cultures, and contributes to the development of a Confucian or Chinese approach to business ethics. (shrink)

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)