This paper stands at the confluence of two streams in contemporary political thought. One stream is composed of those critics of liberal political philosophy who are often described collectively as ‘communitarians’. What unites these critics is a belief that contemporary liberalism rests on an impoverished and inadequate view of the human subject. Liberal political thought – as manifested, for instance, in the writings of John Rawls, Robert Nozick, and Ronald Dworkin – claims centrally to do justice to individuality: to specify (...) the conditions under which distinct individuals, each with his own view about how life should be lived, can pursue these visions to the best of their ability. But, the critics claim, liberalism is blind to the social origins of individuality itself. A person comes by his identity through participating in social practices and through his affiliation to collectivities like family and nation. An adequate political philosophy must attend to the conditions under which people can develop the capacity for autonomy that liberals value. This, however, means abandoning familiar preoccupations of liberal thought – especially the centrality it gives to individual rights – and looking instead at how social relationships of the desired kind can be created and preserved. It means, in short, looking at communities – their nature and preconditions. (shrink)

Some sharing economy firms have adopted a strategy of “regulatory entrepreneurship,” openly violating regulations with the aim of rendering them dead letters. This article argues that in a democracy, regulatory entrepreneurship is a presumptively unethical business strategy. In all but the most corrupt political environments, businesses that seek to change their regulatory environment should do so through the democratic political process, and they should do so without using illegal business practices to build a political constituency. To show this, the article (...) defends a qualified moral obligation for businesspeople to obey the law even in societies that fall short of ideal democracy and that are rife with economic injustice. Owners and managers of successful businesses have strong moral reasons to obey laws concerning resource allocation. Such laws include not only property law, but also tax laws, environmental regulations, and other laws that regulate businesses in competitive markets. The moral reasons to obey such laws apply even to laws that business leaders think unfair or inefficient, provided that the laws in question have reasonable, good faith defenders. (shrink)

Intellectual property regimes necessarily create artificial scarcity leading to wastage, both by blocking follow-up research and hindering access to those who are only able to pay less then the actual retail price. After revising the traditional arguments to hinder access to people’s intellectual labour we will examine why we should be more open to allow free-riding of inventive efforts, especially in cases where innovators have not secured the widest access to the fruits of their research and failed to cooperate with (...) follow-up innovators. We will do so by questioning the voluntariness involved in consumption of objects of innovation, restating the positive social externalities that arise when wider access to the fruits of innovation is assured, and examining the eventual harms innovators face. (shrink)

Radical and liberal theories of egalitarianism are distinguished, in large part, by the differing degrees to which they hold people responsible for their own well-being. The most liberal or individualistic theory calls for equality of opportunity. Once such “starting gate equality,” as Dworkin calls it, is guaranteed, then any final outcome is justified, provided certain rules, such as voluntary trading, are observed. At the other pole, the most radical egalitarianism calls for equality of welfare. In between these two extremes are (...) egalitarian proposals that equalize more than conventional opportunities, yet less than full welfare. Sen speaks of equality of basic capabilities as a goal; implementing that requires more than starting gate equality, because some will require more resources than others to attain the same capabilities. Meeting basic needs is another objective. Equality of needs fulfillment is perhaps less radical than equality of basic capabilities and more radical than equality of opportunity. Rawls takes equality of primary goods as a benchmark; he distinguishes primary goods from welfare, but includes among them goods that are more complicated than conventional resources and opportunities, all of which are supposed inputs into any conception of welfare. One could imagine proposing an egalitarianism that equalized some quite measurable outcome across populations, such as infant mortality. That would be an outcome-equalizing theory where the rate of infant mortality is a proxy, presumably, for some more complicated maximand, such as the degree of wellbeing of a population. (shrink)

In morally grounding a public justification requirement, public reason liberals frequently invoke the idea that persons should be construed as “free and equal.” But this tells us little with regard to what it is about us that makes us free or how a claim about our status as persons can ultimately ground a requirement of public justification. In light of this worry, I argue that a public justification requirement can be grounded in a Nozick-inspired argument from the separateness of persons (...) (one that is consistent with the idea that individuals are free and equal). As I claim, one particular feature of the fact of our separateness – the possession of a basic psychology consisting of beliefs, intentions, sentiments, and a variety of desire-like psychological states – does the most work in grounding both a principle of liberty (PL) and a requirement of public justification (RPJ). Together, PL and RPJ provide the basic framework for a theory of public reason liberalism. (shrink)

G. A. Cohen and John Roemer, two of the most influential of the ‘Analytic Marxists,’ have argued convincingly that the Marxian concept of exploitation must include injustice as part of its definition. ‘Exploitation’ is more like ‘murder’ which includes injustice in its very meaning, than like ‘killing’ which describes a fact which is often unjust but need not be. ‘Forced extraction of unpaid or surplus labor,’ then, is not sufficient for exploitation. The extraction must be unjust to be exploitative. Otherwise (...) we would have to call it exploitation if people were forced to labor without pay as just punishment, or if people-selected by lottery-were drafted to fight a defensive war and provided no more than subsistence for their trouble, or if initiators of an unjust war were forced to labor to repair the damages they had caused. (shrink)

A question that has recently attracted considerable attention is this: What is the nature and significance of the normative relationship a person bears to herself ? On one view, it is held that persons are self-owners : as Locke put it in one of the more famous passages in the Second Treatise : [E]very man has a property in his own person : this no body has any right to but himself. The labour of his body, and the work of (...) his hands, we may say, are properly his. (shrink)

The basis of property rights is a central problem in political philosophy. The core philosophical dispute concerns whether property rights are natural facts, independent of human conventions. In this article, we examine adult judgments on this issue. We find evidence that familiar property norms regarding external objects (e.g., fish and strawberries) are treated as conventional on standard measures of authority dependence and context relativism. Previous work on the moral/conventional distinction indicates that people treat property rights as moral rather than conventional (...) (e.g., Dahl & Waltzer, 2020; Nucci & Turiel, 1993; Tisak & Turiel, 1984). However, these studies explicitly assume that one person owns property that another steals. Study 1 explores judgments of authority dependence regarding ownership in cases that explicitly appeal to stealing and prior ownership as compared to cases that omit such explicit appeals. We find that participants tend to treat ownership as authority dependent when explicit appeals to stealing are absent, but not when the explicit appeals are present. Study 2 examines intuitions about authority dependence of ownership violations as compared to canonical conventional and harm-based moral violations. We find that ownership violations are treated as more authority dependent than harm-based moral violations. This all suggests that some central property norms are treated as conventional. However, we also find that the conventionality of property norms is restricted in several ways. In study 3, we find that people do not treat norms of self-ownership as conventional. Other people cannot take your hair or skin cells even if the teacher says it's okay. Study 4 uses a measure of context relativism to examine the conventionality of ownership norms, comparing different possible norms of ownership. We find that participants regard takings that are violations in their own culture as permissible in other cultures; however, only some foreign norms are deemed acceptable. In study 5 we find another limitation – participants think it's impermissible to take resources from someone based on a new property norm that is retrospectively imposed. Finally, in study 6 we explore whether some takings might be judged to be morally (non-conventionally) wrong as a function of scarcity. We find that when asked about another culture that allows taking, participants tend to say that taking a food item from the person who caught it is permissible when the food is plentiful, but not when the food is scarce. (shrink)

Considerations of autonomy and independence, properly understood, support strictly egalitarian provision of necessary medical treatment. If the financially better-off can purchase access to necessary medical treatments that the financially less well-off cannot purchase without help, then their discretionary power to give or to withhold monetary gifts indirectly gives them the power to make life-and-death or sickness-and-health decisions for others. To prevent private citizens from having this objectionable form of power, government must ensure that citizens’ finances do not affect their access (...) to medical treatments that significantly prolong life, relieve suffering, or cure or mitigate disabilities. Government should ensure this even if doing so involves leveling down and even if it is unclear whether egalitarian provision of necessary treatment would provide better care to the poor than a less egalitarian health care system would. (shrink)

1. The present paper is a continuation of my “Self-Ownership, World Ownership, and Equality,” which began with a description of the political philosophy of Robert Nozick. I contended in that essay that the foundational claim of Nozick's philosophy is the thesis of self-ownership, which says that each person is the morally rightful owner of his own person and powers, and, consequently, that each is free to use those powers as he wishes, provided that he does not deploy them aggressively against (...) others. To be sure, he may not harm others, and he may, if necessary, be forced not to harm them, but he should never be forced to help them, as people are in fact forced to help others, according to Nozick, by redistributive taxation. (shrink)

An ongoing tension exists within the Lockean tradition in political philosophy between the claim that each individual is the “Proprietor of his own Person” and the claim that nature is “that which God gave to Mankind in common.” The former claim points to a realm of discrete individual entitlements only formally equal in the sense of each individual having jurisdiction over his own person and not over any other person, while the latter points either to a collective entitlement to nature (...) or to individual entitlements to substantively equal shares of nature. Were the two realms, that of persons and that of extra-personal nature, separate and independent, no tension would arise from the union of these two claims. But the realms are manifestly interconnected. Individuals acquire, use, labor upon, invest their time and energy on, and transform, more or less in accordance with their purposes, elements of extra-personal nature. And Locke and his followers believe that at least certain of these interactions with segments of nature give rise to individual property rights to the segments thereby appropriated, labored upon, transformed, or whatever. The traditional bridging notion is each person's right to his own labor which is seen as part of each person's proprietorship over himself. According to this tradition, if the right of each individual over his own person is to be respected, individual titles to appropriated, labored upon, or transformed nature must also be respected. The task for anyone seeking to embrace all the strands within this Lockean heritage is to reconcile, a) this right to one's own labor and the system of private property rights tied to it plus the right of self-ownership which lies behind the right to one's own labor, with b) some distributionist ideal, at least with regard to natural resources. (shrink)

In this article I elaborate and defend a rights-based understanding of climate politics, that is, one that takes climate politics to concern the rights to access of natural resources as opposed to people’s economic incentives. The argument contains two parts. The first is negative: to demonstrate that the tragedy of the commons as a story of climate change is inadequate. The second is positive: to suggest a more satisfactory framework, which I call the tragedy of the few. In this view, (...) climate politics is neither primarily mitigation nor economic incentive politics, but one of distributing rights to access natural resources in a fair and environmentally-friendly way. By changing both the narrative and underlying methodological assumptions, my goal is to enable us to accommodate the rights to access natural resources as a key moral issue in climate politics. I begin by sketching the main features of the tragedy of the commons and demonstrate its inadequacy. I then provide an account of the rights-based view of climate change that consists of two arguments. First, I demonstrate the normative side of the argument by highlighting the importance of environmental rights, and second, I outline the empirical side of the argument by discussing recent studies on the properties of natural resources and on the corporate agents who extract the resources that emit greenhouse gasses. (shrink)

Cosmopolitans hold that our duties of distributive justice to others do not stop at borders. Darrel Moellendorf is among those who defend the view that principles of distributive justice are applicable beyond borders. He suggests as a principle of international justice the global difference principle, which allows inequalities in the distribution of wealth and resources only if they are to the greatest advantage of the least advantaged individuals. In this paper, I try to indicate that Moellendorf’s argument for the global (...) difference principle is far from sustaining it. Instead, I argue for a minimum floor principle of distributive justice on the basis of the idea that each person ought to have an equal standard of living with respect to the fulfillment of their basic interests. I also propose the principle of contribution backed up by the principle of fair equality of opportunity, aiming to equalize background conditions of a competition for socially favored positions, as the basic principles of a complete account of global distributive justice.Kozmopolitanisti drže da se naše dužnosti distributivne pravednosti prema drugima ne zaustavljaju na granicama. Darrel Moellendorf je među onima koji brane gledište da su načela distributivne pravednosti primjenjiva s onu stranu granica. Kao načelo međunarodne pravednosti on predlaže globalno načelo razlike, koje nejednakosti u raspodjeli bogatstva i resursâ dopušta samo ako su one u najveću korist najlošije stojećih individua. U ovome članku pokušavam pokazati da Moellendorfov argument u prilog globalnog načela razlike to načelo nimalo ne potkrepljuje. Umjesto toga argumentiram u prilog načela distributivne pravednosti minimalne razine na osnovi zamisli da bi svaka osoba trebala imati jednaki standard življenja s obzirom na ispunjenje njezinih osnovnih interesa. Ujedno kao osnovna načela potpunog opisa globalne distributivne pravednosti predlažem načelo doprinosa poduprto načelom pravične jednakosti mogućnosti, koje stremi izjednačavanju pozadinskih uvjeta natjecanja za društveno favorizirane pozicije. (shrink)

My aim in this essay is to explore the nature and force of “original-acquisition” justifications of private property. By “original-acquisition” justifications, I mean those arguments which purport to establish or importantly contribute to the moral defense of private property by: offering a moral/historical account of how legitimate private property rights for persons first arose ; offering a hypothetical or conjectural account of how justified private property could arise from a propertyless condition; or simply defending an account of how an individual (...) can make private property in some previously unowned thing . The “original acquisition” to which such justifications centrally refer, then, may be either the first instance of legitimate private property in human history , or only the first legitimate acquisition of some particular thing . But in either case, the justification will involve or entail the defense of one or more moral principles specifying how unowned things can become privately owned — that is, the defense of the kind of principles Robert Nozick has called “principles of justice in acquisition.”. (shrink)

It is a central tenet of most contemporary theories of justice that the badly-off have a right to some of the resources of the well-off. In this paper, I take as my starting point two principles of justice, to wit, the principle of sufficiency, whereby individuals have a right to the material resources they need in order to lead a decent life, and the principle of autonomy, whereby once everybody has such a life, individuals should be allowed to pursue their (...) conception of the good, and to enjoy the fruits of their labour in pursuit of such conception. I also endorse the value of fairness, whereby the right person or institution makes the decision as to whether to bring about justice.I show that justice and fairness can be satisfied only if we all enjoy a combination of private and collective rights over the world. In making that case, I shall argue that the set of ownership rights I advocate differs from readily available conceptions of restricted private ownership in two important respects. First, it is such that in some circumstances, two individuals or more can have control rights over the same property at the same time, not, as is standardly the case in legal systems, by contracting with one another (through gifts and joint purchase), but simply on grounds of justice. Second, it allows that, if necessary, property-owners be expropriated from their property without compensation. (shrink)

Libertarians have long been divided over how best to interpret the Lockean proviso, which requires that one leave “enough and as good” in common for others after one’s appropriation. This article sheds light on this exegetical question in relation to its qualitative part through a contextual analysis of Locke’s often neglected writings on ….

This article discusses five attempts at justifying the provision of welfare on Kantian grounds. I argue that none of the five proposals is satisfactory. Each faces a serious challenge on textual or systematic grounds. The conclusion to draw from this is not that a Kantian cannot defend the provision of welfare. Rather, the conclusion to draw is that the task of defending the provision of welfare on Kantian grounds is a difficult one whose success we should not take for granted.

L’objectif de ce papier est double : d’une part défendre l’idée que la théorie de la justice proposée par le libertarisme de gauche fait de la figure de l’entrepreneur une éminence grise, centrale, bien que très rarement mentionnée et, d’autre part, discuter les critiques qui ont été adressées à cette théorie de la justice.