The accusation that contemporary political philosophy is carried out in too ahistorical a fashion depends upon it being possible for historical facts to ground normative political principles. This they cannot do. Each of the seven ways in which it might be thought possible for them to do so fails for one or more of four reasons: History yields no timeless set of universal moral values; it displays no convergence upon such a set; it reveals no univocal moral or cultural context (...) in the present; the failure of an ethical tradition to successfully respond to criticism over a long period of time is no guarantee of its inability to do so. Because historical critiques of contemporary normative thought rely upon one or more of these things holding true, they are, as a class of arguments, to be rejected. (shrink)

Contemporary republicanism is characterized by three main ideas: free persons, who are not subject to the arbitrary power of others; free states, which try to protect their citizens from such power without exercising it themselves; and vigilant citizenship, as a means to limit states to their protective role. This book advances an economic model of such republicanism that is ideologically centre-left. It demands an exit-oriented state interventionism, one that would require an activist government to enhance competition and resource exit from (...) dominating relationships within markets of all types, be they marital, labour, or residential. The substantial intervention and redistribution necessitated by such an approach make it leftist, while its tendency to work with rather than against the grain of markets makes it centrist. It is, in short, a contribution to progressive republican political thought, but one that is less social-democratic than market-democratic in character. (shrink)

ABSTRACT:Price discrimination is the practice of charging different customers different prices for the same product. Many people consider price discrimination unfair, but economists argue that in many cases price discrimination is more likely to lead to greater welfare than is the uniform pricing alternative—sometimes for every party in the transaction. This article shows i) that there are many situations in which it is necessary to engage in differential pricing in order to make the provision of a product possible; and ii) (...) that in many such situations, the seller does not obtain an above-average rate of return. It concludes that price discrimination is not inherently unfair. The article also contends that even when conditions i) and/or ii) do not obtain, price discrimination is not necessarily unethical. In itself, the fact that some people get an even better deal than do others does not entail that the latter are wronged. (shrink)

Two cultures are at play in the field of social entrepreneurship: an age-old culture of charity, and a more contemporary culture of entrepreneurial problem solving. These cultures permeate activities from resource providers to front line operations. Both have roots in our psychological responses to the needs of others and are reinforced by social norms. They can work hand-in-hand or they can be at odds. Some of the icons of the social entrepreneurship movement have spoken harshly about charity, yet most of (...) them rely to some degree, at least early in their development process, on resources that are given out of a charitable impulse. The success of social entrepreneurship requires an integration of values from each of these cultures, in which the satisfactions of giving are correlated with social benefits of rigorous problem solving. (shrink)

In an interesting essay published in this journal Jonathan Floyd has recently argued (Citation2009) that, contrary to widespread opinion, political philosophy is not too a‐historical, for historical facts cannot ground timeless political principles. In the following I would like to reply to his theses showing that the authors he criticises aim in fact to show that our historical situation gives us a decisive clue as to the tasks that philosophical theory has to address; that philosophical argumentation rests on normative beliefs (...) that we expect our audience to take for granted, and that these beliefs are historically embedded. Finally, although the historicity of normative beliefs has been often used to reject universalism, current scholarship includes important attempts to combine historicity and universalism. (shrink)

A central element of Richard Peters’ philosophy of education has been his analysis of ‘education as initiation’. Understanding initiation is internally related to concepts of community and what it may mean to be a member. The concept of initiation assumes a mutually interdependent, dynamic relationship between the individual and community that claims to be justified on cognitive, moral and practical grounds. Although Peters’ analysis is embedded in a different discourse, his insights are relevant to current discourse on the individual in (...) community. A fruitful conversation can be developed between Peters’ account of the learner’s ‘initiation’ into ‘bodies of knowledge and awareness’ and Alasdair MacIntyre’s concept of ‘practices’; and how both assume a notion of ‘tradition’ within partly overlapping accounts of ‘community’. Secondly, I will consider how ‘initiation’ touches the concept of ‘social justice as membership’ developed by current philosophers, Michael Sandel and Michael Walzer, and what import Peters’ analysis has for different degrees of active and passive membership and participation. Thirdly, I will consider Charles Taylor’s ‘social imaginary’ as a contextual framework for processes surrounding ‘education as initiation’. This article does not argue that Peters’ concept of initiation cannot be contested at some points but rather that it can inform, and be informed by, the conversation with those who contend that community is itself a good essential for human flourishing. (shrink)

This study surveys debates on citizenship, the state, and the bases of political stability. The survey begins by presenting the primary sense of 'citizenship' as a legal status and the question of the sorts of political communities people can belong to as citizens. (Multi)nation-states are suggested as the main site of citizenship in the contemporary world, without ignoring the existence of alternative possibilities. Turning to discussions of citizen identity, the study shows that some of the discussion is motivated by a (...) perceived need for citizens to have a sense of political belonging, on the assumption that such a sense promotes political activity and has other personal and social benefits. But there are serious problems with the strategy of understanding the relevant sense of belonging in terms of identification with the nation-state. The study explores a more promising way to generate this sense of belonging. First, societies should function, to a sufficiently high degree, in accord with political principles of justice and democratic decision making. Second, there should be a general consensus on political principles among citizens, as well as high levels of engagement in democratic deliberation. (shrink)

This article identifies and explores the dilemma of migrant advocacy in advanced industrial democracies, focusing specifically on the contemporary United States. On the one hand, universal norms such as human rights, which are theoretically well suited to advancing migrants' claims, may have little resonance within national settings. On the other hand, the debates around which immigration arguments typically turn, and the terrain on which advocates must fight, derive their values and assumptions from a nation-state framework that is self-limiting. The article (...) analyzes the limits of human rights arguments, discusses the pitfalls of engaging in national policy debates, and details the challenges for advocates of advancing the cause of policy reform and shifting the frame for thinking about migration over the long term. (shrink)

Is capitalism inimical to community? Yes, say communitarians, a large part of whose body of writing is given over to the elaboration and defense of various forms of this thesis. The aim of the present essay is to contest this answer. Not only, I will argue, is there no good reason for supposing capitalism inimical to community, but there is reason to think it more conducive to community than are the feasible alternatives to it.

In this paper I re-state the egalitarian argument against the morality of immigration controls: such limits violate the central ethical commitment to moral equality. This means that immigration controls fail a fundamental moral test and represent the ethical failure of the liberal project of moral equality. I set this re-statement against recent arguments about what moral equality means, specifically Christopher Heath Wellman's use of Elizabeth Anderson's notion of relational equality. Wellman believes that Anderson's ideas seriously damage the egalitarian argument, but (...) I argue that this is a misreading of her account. I conclude that any liberal attempt to morally justify immigration controls must fail through committing the basic logical error of ‘begging the question’. (shrink)

Three types of objections have been raised against sweatshops. According to their critics, sweatshops are (1) exploitative, (2) coercive, and (3) harmful to workers. In “The Ethical and Economic Case Against Sweatshop Labor: A Critical Assessment,” Powell and Zwolinski critique all three objections and thereby offer what is arguably the most powerful defense of sweatshops in the philosophical literature to date. This article demonstrates that, whether or not unregulated sweatshops are exploitative or coercive, they are, pace Powell and Zwolinski, harmful (...) to workers. (shrink)

This paper addresses questions of friendship and political community by investigating a particular complex case, comradeship in the life of the soldier. Close attention to soldiers’ accounts of their own lives, successes and failures shows that the relationship of friendship to comradeship, and of both to the success of the soldier’s individual and communal life, is complex and tense. I focus on autobiographical accounts of basic training in order to describe, and to explore the tensions between, two positions: (1) Becoming (...) a soldier is a corrupting loss of individuality and moral sensitivity, and friendship is resistance to it. (2) Becoming a soldier is one form of flourishing, and comradeship—the soldier’s distinctive form of friendship—is one of its constitutive virtues. I draw particularly on George Orwell’s account of basic training and fighting in the Spanish Civil War, and on Tim O’Brien’s account of basic training and fighting in Vietnam. (shrink)

This paper discusses the question whether care work for dependent persons (children, the elderly, and disabled persons) may be entrusted to the market; that is, whether and to what extent there is a normative justification for the “commodification of care.” It first proposes a capability theory for care that raises two relevant demands: a basic capability for receiving care and a capability for giving care. Next it discusses and rejects two objections that aim to show that market-based care undermines the (...) caring motives essential to care, one of them because of its reliance on contracts and the other because of the corrupting influence of payment on motivation. If market care is in principle legitimate, the commodification question transforms into one about the appropriate combinations of market and non-market care. This question can be answered only by adding an additional complication: care is to be balanced against other activities, most notably work for the labor market. This brings in the problem of gender inequality, since paid work has been traditionally distributed to men and caring activities to women. I show how the capability theory of caring presented in this paper can help resolve the dispute between competing models for balancing work and caring. (shrink)

Abstract The aim of this paper is to discuss which stance towards the allocation of labor and leisure would be defensible from the perspective of modern liberal political theory. There is a long tradition in philosophy defending an ideal of leisure, but this tradition has been rightly criticized for being too perfectionist. A liberal perspective seems more attractive in not dictating how much time people spend in labor or leisure, but leaving this choice to individuals. The question is whether this (...) is possible. After scrutinizing the traditional philosophical defense of leisure I focus on Robert Goodin and his collaborators' recent proposal to think about labor and leisure in terms of ?temporal autonomy?. I show that their concept is a great improvement over the older philosophical theories, both in its conceptualization of labor and leisure and in its ambition to leave labor/leisure choices to individuals. Nonetheless, it contains an important unresolved ambiguity about whether discretionary time maximization is a desirable end. Since the exercise of one's temporal autonomy can undercut the temporal autonomy of others in society, this leads to a dilemma. This dilemma can be resolved either in a libertarian or in a sufficientarian direction. I provide a cautious defense of the sufficientarian conception of temporal autonomy, because it accounts for the intuition in the older tradition of leisure that it is important not to be overwhelmed by the demands of labor, while also retaining the liberal emphasis on individual choice. (shrink)

This special section on the later work of Paul Ricoeur is an attempt to examine the fruitfulness of that work for the social sciences. Of particular interest are his theorization and application of the notions of memory, identity, justice, and the relation to the other to political and ethical problems in the present. For example, his discourse links up the question of memory with that of justice and the problem of constructing new polities which can be considered just. To do (...) this, he introduces the concepts of ‘translation ethos’, the ‘exchange of memories’ and ‘non-forgetful forgiveness’ in order to examine the problem of the conditions for the imaginary construction of political entities in which dialogue can take place between interlocutors with different, maybe conflicting, interests and historical locations, and thus with different senses of belonging and identities. His philosophical apparatus is shown to have particular salience for the analysis of contemporary society. (shrink)

In this article, we evaluate the capacity of liberal egalitarianism to rebut what we call the libertarian challenge of charity. This challenge states that coercive redistributive taxation is neither needed nor justified, since those who endorse redistribution can give charitably, and those who do not endorse redistribution cannot justifiably be coerced. We argue that contemporary developments in liberal political thought render liberalism more vulnerable to this libertarian challenge. Many liberals have, in recent years, sought to recast liberalism such that it (...) is more hospitable to cultural, religious, and ethnic diversity. This move has resulted in increased support for the claim that liberalism should be understood as a political rather than comprehensive doctrine, and that liberal institutions should draw their legitimacy from agreements made among members of an appropriately conceived deliberative community, rather than from controversial liberal principles like individual autonomy. We argue that, while this move may indeed make liberalism more compatible with cultural diversity, it also makes it more vulnerable to the libertarian challenge of charity. Not all versions of liberalism are troubled by the challenge, but those that are troubled by it are increasingly dominant. We also discuss G.A. Cohen's claim that liberal equality requires an ‘egalitarian ethos’ and argue that, if Cohen is right, it is difficult to see how there can be an adequate response to the libertarian challenge of charity. In general, our argument can be summarised as follows: the more that liberalism is concerned accurately to model the actual democratic wishes and motivations of the people it governs, the less it is able to justify coercively imposing redistributive principles of justice. (shrink)

The processes associated with globalization have reinforced and even increased prevailing conditions of inequality among human beings with respect to their political, economic, cultural, and social opportunities. Yet-or perhaps precisely because of this trend-there has been, within political philosophy, an observable tendency to question whether equality in fact should be treated a as central value within a theory of justice. In response, I examine a number of nonegalitarian positions to try to show that the concept of equality cannot be dispensed (...) with in any adequate consideration of justice. (shrink)

The processes associated with globalization have reinforced and even increased prevailing conditions of inequality among human beings with respect to their political, economic, cultural, and social opportunities. Yet-or perhaps precisely because of this trend-there has been, within political philosophy, an observable tendency to question whether equality in fact should be treated a as central value within a theory of justice. In response, I examine a number of nonegalitarian positions to try to show that the concept of equality cannot be dispensed (...) with in any adequate consideration of justice. (shrink)

Abstract: The cosmopolitan ideal of liberal universalism seems to be at odds with liberalism's insistence on national borders for liberal democratic communities, creating disparate standards of distributive justice for insiders and outsiders. The liberal's dilemma on the question of cosmopolitan justice would seem to be an extension of this broader conundrum of conflicting loyalties of statism and globalism. The challenge for liberalism, then, seems to be to show how the practices of exclusive membership embody the principle of moral equality. While (...) discerning a variety of liberal reasons to give some scope to the claim that statism and globalism need not be an irreconcilable dilemma within liberalism, the essay argues that these reasons fail to provide a satisfactory resolution. Instead, the essay points out, global democracy can be the direction for both a statist and a cosmopolitan liberal, and the two camps a case not of conflicting loyalties but of multiple loyalties. (shrink)

This article contributes to the debate on automation and justice by discussing two under-represented concerns: labour justice and equality. Since automation involves both winners and losers, and given that there is no ‘end of work’ on the horizon, it is argued that most normative views on the subject – i.e. the ‘allocative’ view of basic income, and the ‘desirability’ views of post-work and workist ethics – do not provide many resources with which to address unjustly unequal divisions of labour involved (...) in technological innovation. This article problematises these common responses reframing the problem from the perspective of labour justice. While the allocative view assumes that labour justice follows ‘spontaneously’ from income redistribution, the desirability views are chiefly interested in either defining or contesting the meanings of work for individuals, overlooking the interdependent nature of work and concerns of equality other than autonomy. Two conceptions of labour justice are thus applied to the problem: Paul Gomberg’s contributive justice, and Iris Young’s democratic division of labour. Instead of deciding between them, the normative core of ‘contributive parity’ is suggested as a critical standard for assessing unequal labour structures, and for envisaging a future in which technology can be an ally in making social cooperation fair. (shrink)

This article argues that, suitably modified, the method of reflective equilibrium is a plausible way of selecting moral principles. The appropriate conception of the method is wide and radical, admitting consideration of a full range of moral principles and arguments, and requiring the enquiring individual to consider others' views and undergo experiences that may offset any formative biases. The individual is not bound by his initial considered judgments, and may revise his view in any way whatsoever. It is appropriate to (...) describe the method as a balance between coherentism and fallibilist foundationalism. With these points in mind, various criticisms, including the claims that considered judgments are not initially credible and are shaped by prejudice, and that the method itself fails to determine principle selection, are challenged. (shrink)

Cap-and-trade systems for greenhouse gas emissions are an important part of the climate change policies of the EU, Japan, New Zealand, among others, as well as China and Australia. However, concerns have been raised on a variety of ethical grounds about the use of markets to reduce emissions. For example, some people worry that emissions trading allows the wealthy to evade their responsibilities. Others are concerned that it puts a price on the natural environment. Concerns have also been raised about (...) the distributional justice of emissions trading. Finally, some commentators have questioned the actual effectiveness of emissions trading in reducing emissions. This paper considers these three categories of objections – ethics, justice and effectiveness – through the lens of moral philosophy and economics. It is concluded that only the objections based on distributional justice can be sustained. This points to reform of the carbon market system, rather than its elimination. (shrink)

Define “patriotism” as love for one’s country and devotion to its well-being. This essay contends that patriotism thus defined is a virtue and that environmentalism is one of its most important manifestations. Patriotism, as devotion to particular places and people, can occur at various levels, from the local to the national. Knowing and caring about particular places and people and working to protect them is good for us and good for them and hence a good thing overall. Knowing and caring (...) and working less on behalf of more remote places and people is also good, since it allows us to focus our efforts, act effectively, and do more good in the world. Philosophical analyses of patriotism by Alasdair MacIntyre and Martha Nussbaum are complemented by the more “down to earth” understanding of the virtue presented here. While patriotism’s dangers are undeniable, so are the dangers stemming from lack of patriotism. The proper answer to bad patriotism is not cosmopolitanism, but good patriotism: the kind illustrated by environmental activists. (shrink)

In recent years, we have witnessed three parallel and intertwined trends: First, food retail and processing firms have embraced private standards, usually with some form of third party certification employed to verify adherence to those standards. Second, firms have increasingly aligned themselves with, as opposed to fighting off, environmental, fair trade, and other NGOs. Third, firms have embraced supply chain management as a strategy for increasing profits and market share. Together, these trends are part and parcel of the neoliberal blurring (...) of the older liberal distinction between state and civil society. In this paper I ask what the implications of these changes are from the vantage point of the three major approaches to ethics: consequentialism, virtue theory, and rights theory. What are the consequences of these changes for food safety, for suppliers, for consumers? What virtues (e.g., trust, fairness) are these changes likely to embrace and what vices may accompany them? Whose rights will be furthered or curtailed by these changes? (shrink)

This essay is a reply to Martha Nussbaum's “Capabilities and Disabilities.” It endorses Nussbaum's critique of the social‐contract tradition and proposes that it might be productively contrasted with Michael Walzer's critique of John Rawls in Spheres of Justice. It notes that Nussbaum's emphasis on surrogacy and guardianship with regard to people with severe and profound cognitive disabilities poses a challenge to disability studies, insofar as the field tends to emphasize the self‐representation of people with disabilities and to concentrate primarily on (...) the aesthetic and political representation of physical disability. The essay concludes with an account of a recent exchange with Peter Singer on the question of our social expectations of people with Down syndrome. (shrink)

Fairness in sport is not just about assigning the top prizes to the worthiest competitors. It is also about the way the prize structure itself is organised. For many sporting competitions, although it may be acceptable for winners to receive more than losers, it can seem unfair for winners to take everything and for losers to get nothing. Yet this insight leaves unanswered some difficult questions about what stakes fairness requires and which principles of stakes fairness are appropriate for particular (...) competitions. In this article I specify a range of different principles of stakes fairness that could regulate sporting competitions. I also put forward a theoretical method for pairing up appropriate principles of stakes fairness with given sporting competitions. Specifically, I argue that the underlying rationales for holding sporting competitions can provide useful guides for identifying appropriate principles of stakes fairness. I then seek to clarify and work through some of the implications of this method for a sample of real world controversies over sporting prize structures. I also attempt to refine the method in response to two possible objections from indeterminacy and relativism. Finally, I compare and contrast my conclusions with more general philosophical debates about justice. (shrink)

Worldwide, growing numbers of refugees are pushed from their homes. At the same time, fewer and fewer are able to access so-called “durable solutions” to their displacement. This has prompted a flurry of efforts to repair the foundering refugee regime. Many such efforts attempt, implicitly or explicitly, to resolve tensions between legal principles, moral duties, and national interests surrounding refugees. As part of a roundtable on “Balancing Legal Norms, Moral Values, and National Interests,” this essay questions the drive toward oversimplification (...) that has characterized these debates, recognizing that some such tensions are “baked into” the problem of refugeehood. While debates have typically focused on the obligation to admit refugees, and on “responsibility sharing,” I advance the conversation by exploring how law, morality, and national interests are entangled in efforts to support durable solutions for refugees, focusing on voluntary repatriation. What does recognition of the intrinsic and in some senses irreconcilable tensions in the refugee regime mean for efforts to support solutions? I argue that advancing durable solutions, however imperfect, for refugees does not mean definitively overcoming these tensions, but rather navigating them to identify context-specific opportunities to reposition refugees as full and equal citizens as a critical step toward reducing their precarity. (shrink)

This paper considers whether states have a duty to accept those who cross borders to escape environmental disasters associated with climate change. It then examines how such a responsibility might be distributed, focusing on the predicament of the citizens of small island states expected to be inundated by rising sea levels. In assessing states' responsibility to admit these individuals, I draw on Walzer's theory of mutual aid, demonstrating that even under this narrow conception of states' obligations, a duty to accept (...) displaced islanders can be established. However, the proximity principle is ill-suited to determining which states should shoulder responsibility in this situation. Drawing on Miller's account of remedial responsibility and his ‘connection theory,’ I suggest that the obligation to accept ‘environmental refugees’ should be shouldered principally by affluent states that share significant degrees of causal and moral responsibility for climate change, and also have particularly strong capacities to assist the displaced. (shrink)

The paper offers a modelling of the sense of justice as it is displayed in ordinary situated disputes. While this model accounts for a plurality of legitimate forms of evaluation which are used in the process of critique and justification, it escapes a relativism of values by demonstrating that all these forms satisfy a set of common requirements. The reasonable character of the everyday sense of justice is also anchored in a reality test involving the engagement of objects which qualify (...) for a certain form of evaluation. The paper discusses this model in relation to competing theories of justice, and models of social action and interaction. (shrink)

All modern democratic societies claim to be egalitarian. They do not agree, of course, about what egalitarianism demands; the ideal of equality is hardly transparent and can be plausibly understood to encompass any number of social arrangements and values. Thatsomeform of equality is to be prized, though, is uncontroversial. Indeed, it may be true that all political theories that have stood the test of time can be understood as specifying and interpreting the ideal of equality. Whether or not this is (...) true, I think it is hard to deny that democratic political philosophy can generally be understood as egalitarian in character; to know how to treat people as moral equals, on this account, is to know what justice demands of us. We are all, if this is correct, egalitarians now, however much we argue about what such a label truly demands. (shrink)

Biobanks, collecting human specimen, medical records, and lifestyle-related data, face the challenge of having contradictory missions: on the one hand serving the collective welfare through easy access for medical research, on the other hand adhering to restrictive privacy expectations of people in order to maintain their willingness to participate in such research. In this article, ethical frameworks stressing the societal value of low-privacy expectations in order to secure biomedical research are discussed. It will turn out that neither utilitarian nor communitarian (...) or classical libertarian ethics frameworks will help to serve both goals. Instead, John Rawls’ differentiation of the “right” and the “good” is presented in order to illustrate the possibility of “serving two masters”: individual interests of privacy, and societal interests of scientific progress and intergenerational justice. In order to illustrate this counterbalancing concept with an example, the five-pillar concept of the German Ethics Council will be briefly discussed. (shrink)

The debate between legal constitutionalists and critics of constitutional rights and judicial review is an old and lively one. While the protection of minorities is a pivotal aspect of this debate, the protection of disenfranchised minorities has received little attention. Policy-focused discussion—of the merits of the Human Rights Act in Britain for example—often cites protection of non-citizen migrants, but the philosophical debate does not. Non-citizen residents or ‘denizens’ therefore provide an interesting test case for the theory of rights as trumps (...) on ordinary representative politics. Are they the ultimate success story of the human rights framework? Or was Michael Walzer correct to describe government of denizens by citizens as a modern form of ‘tyranny’? This paper argues that neither liberal rights theorists nor democratic republicans provide a coherent response to the existence of denizens. Liberal rights theorists overstate the extent to which a politically powerless status can secure individual rights, while democratic republicans idealise the political process and wrongly assume that all those affected by laws are eligible for political participation. The paper outlines an alternative model for assessing the accountability of states to their non-citizen population, informed by the republican ideal of non-domination. It identifies gaps in state accountability to denizens–such as where there is inadequate diplomatic protection—and argues that these gaps are particularly troubling if their exit costs of leaving the state are high. (shrink)

The non-citizen is the new ?other?. From popular discourse to political pronouncements and academic research, the non-citizen has become one of the subjects du jour. Among the ranks of the non-citizen, one finds a lesser-known category of people which has yet to be considered seriously by liberal political theory ? the stateless. Thus far, liberal political theory has either ignored this category of persons or subsumed them under the subjects of immigration or refugeehood. The present article challenges this theoretical exclusion (...) in two ways. First, it analyses the treatment of statelessness within the works of three prominent theorists on just membership ? Michael Walzer, Seyla Benhabib and William Barbieri, Jr ? and contends that these authors ignore the stateless as a unique category of non-citizen. Secondly, it explains why statelessness demands a distinct theoretical framework than is currently provided for within liberal political theory. The article contends that just membership questions necessitate not simply looking at who is let in and what naturalization procedures should be extended to them, but also entails examining who has always been on the inside and to whom we need to justify their continued exclusion. (shrink)

The Austrian school tends to associate the morality of the market with its efficient operation. Consequently, it criticizes attempts to offer an ethical evaluation of the market for not understanding how the market works. This criticism proves correct with regard to those who would seek to run an economy according to a set of predetermined moral criteria, such as socialist advocates of central planning or Victorian moralists who regarded the market as the embodiment of the desert ethic. However, if the (...) market trades on moral resources it does not create, this may justify placing it within a more substantive moral framework that establishes its ethical basis and limits. (shrink)

My purpose in this essay is to give an account of the kind of robust social criticism that I associate with the very enterprise of theory and to explain why the liberal philosophy that prevails in the contemporary academy is averse to this sort of social criticism. My purpose, then, is both to explore a certain conception of radical socialtheory and to defend this conception against familiar objections posed by those who represent the dominant liberal political philosophy.

According to one model of social theory, the social theorist seeks to give as rich an account as possible of a society's own self?understanding or self?interpretation. The second model, by contrast, involves challenging the society's self?understanding on the basis of a radical vision of ultimate standards of. judgment. Charles Taylor claims that neither of these models should be privileged over the other, that both are equiprimordial ways of theorizing social life. However, Taylor does privilege the first model in his own (...) practice of social theory?which can be summed up in the phrase, ?the rhetoric of understanding.? (shrink)

This paper takes as a starting point a recent development in privacy-debates: the emphasis on social and institutional environments in the definition and the defence of privacy. Recognizing the merits of this approach I supplement it in two respects. First, an analysis of the relation between privacy and autonomy teaches that in the digital age more than ever individual autonomy is threatened. The striking contrast between on the one hand offline vocabulary, where autonomy and individual decision making prevail, and on (...) the other online practices is a challenge that cannot be met in a social approach. Secondly, I elucidate the background of the social approach. Its importance is not exclusively related to the digital age. In public life we regularly face privacy-moments, when in a small distinguished social domain few people are commonly involved in common experiences. In the digital age the contextual integrity model of Helen Nissenbaum has become very influential. However this model has some problems. Nissenbaum refers to a variety of sources and uses several terms to explain the normativity in her model. The notion ‘context’ is not specific and faces the reproach of conservatism. We elaborate on the most promising suggestion: an elaboration on the notion ‘goods’ as it can be found in the works of Michael Walzer and Alisdair Macintyre. Developing criteria for defining a normative framework requires making explicit the substantive goods that are at stake in a context, and take them as the starting point for decisions about the flow of information. Doing so delivers stronger and more specific orientations that are indispensible in discussions about digital privacy. (shrink)

Temporary migration raises two different challenges. The first is whether territorial democracies can integrate temporary migrants as equal citizens; the second is whether transnationally mobile societies can be organized democratically as communities of equal citizens. Considering both questions within a single analytical framework will reveal a dilemma: on the one hand, liberals have good reasons to promote the expansion of categories of free-moving citizens as the most effective and normatively attractive response to the problem of partial citizenship for temporary migrants; (...) yet, on the other hand, if free movement rights were actually used by too many, this might fatally undermine the sustainability of intergenerational and territorial democratic polities. (shrink)

Although foreign workers contribute to the economy and society, their lack of citizenship renders them unequal, vulnerable and exploitable. In this article, I suggest that the citizenship principle of jus domicile can address this aspect of inequality and exploitation experienced by migrant labour. In addition, I argue that the jus domicile principle should be combined with open borders. In making this argument, I draw on a dialectical methodology and a diverse literature on social justice and liberal political theory. The model (...) I am developing is not necessarily for immediate policy implementation but rather presents a vision for a future of free mobility and settlement. (shrink)

Liberal political philosophy presupposes a moral theory according to which the ability to assess and choose conceptions of the good from a universal and impartial moral standpoint is central to the individual's moral identity. This viewpoint is standardly understood by liberals as that of a rationalhuman(nottranscendental) agent. Such an agent is able to reflect on her ends and pursuits, including those she strongly identifies with, and to understand and take into account the basic interests of others. From the perspective of (...) liberalism as a political morality, the most important of these interests is the interest in maximum, equal liberty for each individual, and thus the most important moral principles are the principles of justice that protect individuals' rights to life and liberty.According to the communitarian critics of liberalism, however, the liberal picture of moral agency is unrealistically abstract. Communitarians object that moral agents in the real world neither choose their conceptions of the good nor occupy a universalistically impartial moral standpoint. Rather, their conceptions of the good are determined chiefly by the communities in which they find themselves, and these conceptions are largely “constitutive” of their particular moral identities. Moral agency is thus “situated” and “particularistic,” and an impartial reflection on the conception of the good that constitutes it is undesirable, if not impossible. Further, communitarians contend, the good is “prior” to the right in the sense that moral norms are derived from, and justified in terms of, the good. An adequate moral and political theory must reflect these facts about moral agency and moral norms. (shrink)

Universal access to antiretroviral treatment (ART) in Chad was officially declared in December 2006. This presidential initiative was and is still funded 100% by the country’s budget and external donors’ financial support. Many factors have triggered the spread of AIDS. Some of these factors include the existence of norms and beliefs that create or increase exposure, the low-level education that precludes access to health information, social unrest, and population migration to areas of high economic opportunities and gender-based discrimination. Social forces (...) that influence the distribution of dimensions of well-being and shape risks for infection also determine the persistence of access barriers to ART. The universal access policy is quite revolutionary but should be informed by the systemic barriers to access so as to promote equity. It is not enough to distribute ARVs and provide health services when health systems are poorly organized and managed. Comprehensive access to ART raises many organizational, ethical and policy problems that need to be solved to achieve equity in access. This paper argues that the persistence of access barriers is due to weak health systems and a poor public health leadership. AIDS has challenged health systems in a manner that is essentially different from other health problems. (shrink)

Road traffic injury and deaths (RTID) are an important public health problem in Kenya, primarily affecting uneducated and disenfranchised people from lower socioeconomic groups. Studies conducted by Kenyan experts from police reports and surveys have shown that pedestrian and driver behaviors are the most important proximal causes of crashes, signifying that the occurrence of crashes results directly from human action. However, behaviors and risk factors do not fully explain the magnitude of RTID neither does it account for socioeconomic gradient in (...) RTID. Instead, a social justice approach to RTID highlights the need for emphasizing distal causal factors. They allow us to understand how social inequities determine risk for RTID. Hence, designing policies that focus on behaviors will simply mask the underlying systemic causes of this growing phenomenon. To eradicate the RTID and address the gradient, a broader policy framework that includes the social dimension of injury, a strong political will to address the underlying causes of RTID and an effective partnership with stakeholders needs to be developed. (shrink)