Are institutional principles of justice subject to a minimal realism constraint to the effect that, in order to be valid, they must not make wildly unrealistic demands? Most of us say “yes.” David Estlund says, “no.” However, while Estlund holds that 1) institutional principles of justice are not subject to a minimal realism constraint, he accepts that 2) institutional principles of justice are subject to an *attainability constraint* to the effect that, in order to be valid, they must not make (...) demands we are unable to meet; and 3) what he calls “institutional proposals” are subject to a minimal realism constraint. I argue that these three theses do not represent a plausible combination, at least given Estlund’s account of the principle/proposal distinction. Given this account, Estlund is either wrong to reject a minimal realism constraint on institutional principles of justice, or wrong to accept an attainability constraint on institutional principles of justice and/or a minimal realism constraint on institutional proposals. Either way, this has significant implications for the plausibility of his overall case against the minimal realism constraint on institutional principles of justice. (shrink)

It is commonly taken for granted that questions of feasibility are highly relevant to our normative thinking – and perhaps especially our normative thinking about politics. But what exactly does this preoccupation with feasibility amount to, and in what forms if any is it warranted? This article aims to provide a critical introduction to, and clearer characterization of, the feasibility issue. I begin by discussing the question of how feasibility is to be understood. I then turn to the question of (...) feasibility’s role, suggesting that there are two quite different kinds of role questions that may be at play, though they are often run together: a question about feasibility’s normative significance; and a question about its proper use in informing our normative thinking. Finally, I consider how the feasibility issue differs from certain other related issues: the demandingness issue; the issue of whether “ought” implies “can;” and the “ideal versus non-ideal theory” issue. (shrink)

I raise three objections to Pettit’s republican account of justice: 1) that it fails to account adequately for the role of certain values such as substantive fairness; 2) that it represents an uncomfortable hybrid of egalitarianism and sufficientarianism; and 3) that it fails Pettit’s own “eyeball test”. I then conclude in a more constructive vein, speculating about the kind of account of justice it is supposed to be and suggesting that, construed a certain way, it may have resources for answering (...) the three objections. (shrink)

The familiar complaint that some ambitious proposal is infeasible naturally invites the following response: Once upon a time, the abolition of slavery and the enfranchisement of women seemed infeasible, yet these things were actually achieved. Presumably, then, many of those things that seem infeasible in our own time may well be achieved too and, thus, turn out to have been perfectly feasible after all. The Appeal to History, as we call it, is a bad argument. It is not true that (...) if some desirable state of affairs was actually achieved, then it was feasible that it was achieved. “Actual” does not imply “feasible,” as we put it. Here is our objection. “Feasible” implies “not counterfactually fluky.” But “actual” does not imply “not counterfactually fluky.” So, “actual” does not imply “feasible.” While something like the Flukiness Objection is sometimes hinted at in the context of the related literature on abilities, it has not been developed in any detail, and both premises are inadequately motivated. We offer a novel articulation of the Flukiness Objection that is both more precise and better motivated. Our conclusions have important implications, not only for the admissible use of history in normative argument, but also by potentially circumscribing the normative claims that are applicable to us. (shrink)

The open borders view is frequently dismissed for making infeasible demands. This is a potent strategy. Unlike normative arguments regarding open borders, which tend to be relatively intractable, the charge of infeasibility is supposed to operate as what we call a "normative argument-stopper." Nonetheless, we argue that the strategy fails. Bringing about open borders is perfectly feasible on the most plausible account of feasibility. We consider and reject what we take to be the only three credible ways to save the (...) charge of infeasibility: by proposing an alternative account of feasibility; by proposing an alternative, more circumscribed interpretation of the subject-matter of feasibility claims; and by proposing a more expansive account of the addressees of the demand for open borders. The first fails to vindicate the claim that infeasibility is a normative argument-stopper. The second does not provide an argument against open borders at all. The third underestimates the power of at least some non-state actors. We conclude by drawing some lessons for the open borders view and the use of feasibility in politics more generally. (shrink)

It is natural and relatively common to suppose that feasibility is a constraint on what we ought to do all-things-considered but not a constraint on what we ought to do as a matter of justice. I show that the combination of these claims entails an implausible picture of the relation between feasibility and desirability given an attractive understanding of the relation between what we ought to do as a matter of justice and what we ought to do all-things-considered.

A difficult problem for contractualists is how to provide an interpretation of the contractual situation that is both subject to appropriately stringent constraints and yet also appropriately sensitive to certain features of us as we actually are. My suggestion is that we should embrace a model of contractualism that is structurally analogous to the “advice model” of the ideal observer theory famously proposed by Michael Smith (1994; 1995). An advice model of contractualism is appealing since it promises to deliver a (...) straightforward solution to the so-called “conditional fallacy.” But it faces some formidable challenges. On the face of it, it seems to be straightforwardly conceptually incoherent. And it seems to deliver a solution to the conditional fallacy at the cost of being vulnerable to what I shall call “the concessional fallacy.” I shall consider how, if at all, these challenges are to be met. I shall then conclude by considering what this might mean for the so-called “ideal/non-ideal theory” issue. (shrink)

I develop an expressivist account of verbal disagreements as practical disagreements over how to use words rather than factual disagreements over what words actually mean. This account enjoys several advantages over others in the literature: it can be implemented in a neo-Stalnakerian possible worlds framework; it accounts for cases where speakers are undecided on how exactly to interpret an expression; it avoids appeals to fraught notions like subject matter, charitable interpretation, and joint-carving; and it naturally extends to an analysis of (...) metalinguistic negotiations. (shrink)

Many philosophers claim that ‘ought’ implies ‘can’. In light of recent empirical evidence, however, some skeptics conclude that philosophers should stop assuming the principle unconditionally. Streumer, however, does not simply assume the principle’s truth; he provides arguments for it. In this article, we argue that his arguments fail to support the claim that ‘ought’ implies ‘can’.

Questions are known to play a crucial role in helping to structure linguistic communication. I argue that paying attention to questions is also necessary for understanding disagreement, and in particular for distinguishing between genuine and merely verbal disagreements. I argue, moreover, that some of the questions that play this role are essentially practical questions, questions about what to do. Such questions can remain open even after questions about what is the case have been settled. Essentially practical questions help structure discourse (...) no less than ordinary questions. I argue that once we acknowledge them and their role in communication, we have new resources for making sense of cases of so-called “faultless disagreement” involving taste and aesthetic predicates within a standard, non-relativist semantics. (shrink)