Principles of justice, David Estlund argues, cannot be falsified by people’s unwillingness to satisfy them. In his Utopophobia, Estlund rejects the view that justice must bend to human motivation to deliver practical implications for how institutions ought to function. In this paper, I argue that a substantive argument against such bending of justice principles must challenge the reasons for making these principles sensitive to motivational limitations. Estlund, however, provides no such challenge. His dispute with benders of justice is therefore a (...) verbal one over the true meaning of justice, which need not worry those with the intuition that justice should perform a function that requires bending. By focusing on John Rawls’s reasons for bending his justice principles, I point towards a substantive critique of bent justice. (shrink)

Faced with political opponents, proponents of climate justice should consider how politically feasible different principles of climate justice are. I focus in this chapter on the political feasibility of an “ability to pay principle” as a proposal for dividing the burdens of past emissions and emissions from the global poor. I argue that a formulation of an ability to pay principle with a voluntarist scope, restricted only to agreed upon collective goals, is significantly more politically feasible than one with a (...) preventative scope, which focuses on preventing a very bad outcome. A voluntarist ability to pay principle can much more clearly be justified to both constrained policy makers and reactionary citizens as a solution to a collective action problem among states that have already bound themselves to collectively solving the problem. A voluntarist principle also has a stronger precedent as a principle of international law. Thus, those philosophers concerned with the political feasibility of an ability-to-pay principle should carefully consider using a voluntarist rather than a preventative formulation. The chapter proceeds as follows. First, I outline what I mean by “political feasibility” and distinguish it from other conceptions of feasibility. Second, I explore the different rationales for a preventative ability to pay principle. Third, I introduce my voluntarist formulation of the ability to pay principle. I then reply to objections to that formulation, arguing that the drawbacks of a voluntarist formulation are not as dire as they might appear. (shrink)

This chapter develops a ``nesting'' model of deontic normative principles (i.e., principles that specify moral constraints upon action) as a means to understanding the notion of a ``fundamental normative principle''. I show that an apparently promising attempt to make sense of this notion such that the ``real'' or ``fundamental'' demands of justice upon action are not constrained by social facts is either self-defeating or relatively unappealing. We should treat fundamental normative principles not as specifying fundamental constraints upon action, but as (...) specifying basic criteria for comparatively evaluating and ranking possibilities. (shrink)

There is a large and growing body of empirical work on people's intuitions about distributive justice. In this paper, we investigate how well luck egalitarianism and desertism--the two normative approaches that appear to cohere well with people's intuitions--are supported by more fine-grained findings in the empirical literature. The time is ripe for a study of this sort, as the positive literature on justice has blossomed over the last three decades. The results of our investigation are surprising. In three different contexts (...) (good option luck, good brute luck, and bad brute luck) in which the demands of luck egalitarianism and those of a mainstream desert-based view come apart, the latter carries the day. One ramification of these findings is that people's intuitions about justice are moralized; that is, they appeal to particular conceptions of the good. Luck egalitarians must decide whether to embrace these moralized intuitions by adopting desertism--or to resist them. (shrink)

Climate change goals and actions are often discussed with reference to their feasibility. However, in the climate change literature, there is no agreed upon understanding of what feasibility means. In this paper, insights from political philosophy are used to address this problem in a two-fold way. First, different uses of the term feasibility in the climate change context are critically analyzed, surfacing problematic uses that can have severe consequences for what goals or actions are considered. Second, the ‘conditional probability account (...) of feasibility’ is presented as a positive account of how feasibility should be understood in the climate change context, and applied to the case of managed retreat as an approach for adaptation to sea level rise. Together, the critical analysis and the positive proposal furthers a necessary discussion on feasibility in the context of climate change. (shrink)

In Utopophobia Estlund offers a prominent version of a conditional account of feasibility. I think the account is too permissive. I defend an alternative incentives account of feasibility. The incentives account preserves the spirit of the conditional account but qualifies fewer actions as feasible. Simplified, the account holds that an action is feasible if there is an incentive such that, given the incentive, the agent is likely to perform the action successfully. If we accept that ought implies feasible, then we (...) should reject some normative requirements on agents that Estlund would accept in light of his more permissive conditional account. But we can still recognise normative requirements on individual and collective agents that, if complied with, would result in a world that is radically better than our own. (shrink)

The so-called "Human Nature Constraint" holds that if an agent is unable, due to features of human nature, to bring herself to act in a certain way, then this suffices to block or negate the claim that the agent is required to act in that way. David Estlund (2011) has recently mounted a forceful objection to the Human Nature Constraint. I argue that Estlund’s objection fails – but instructively, in a way that gives Estlund resources for a different way of (...) resisting attempts to negate normative claims by deploying the Human Nature Constraint. (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)

What kinds of feasibility restrictions should be taken into account in practically relevant political philosophy? David Estlund argues that “ought” does not imply “can will,” and, hence, that we should be very cautious regarding the inclusion of motivational restrictions in political philosophy. As Nicholas Southwood and David Wiens point out, however, Estlund’s position clashes with the requirement that “ought” implies “feasible.” The present article argues that even though we must accept that “ought” implies “feasible,” this does not settle the question (...) regarding the adequate set of feasibility restrictions to be included in applied normative thinking. Instead, we need to distinguish different kinds of normative theory that require different sets of feasibility restrictions. For this, the article provides a taxonomy of feasibility restrictions and a preliminary discussion of the adequate set of feasibility restrictions for different kinds of normative theory. (shrink)

Pablo Gilabert and Holly Lawford-Smith have, both in collaboration and individually, provided a compelling account of feasibility, which states that feasibility is both ‘binary’ and ‘scalar’, and both ‘synchronic’ and ‘diachronic’. This two-dimensional analysis, however, has been the subject of four major criticisms: it has been argued that it rests upon a false distinction between ‘hard’ and ‘soft’ constraints, that it ignores the importance of intentional action, and that diachronic feasibility is incoherent and insensitive to the existence of epistemic limitations. (...) In this paper, I will argue that such objections do not undermine the persuasiveness of Gilabert and Lawford-Smith’s analysis. Nevertheless, I will contend that the latter is susceptible to two other challenges. First, it mistakenly appeals to morality, and, second, it lacks an analysis of ability. I will maintain, however, that such criticisms can be addressed and that a revised version of the account should be adopted. (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)

Abstract:Both the idea of feasibility and the role that it might play within political theory are controversial. Recent discussions have attempted to specify an appropriate overall conceptualization of feasibility. This essay offers a more nuanced account of a number of interrelated aspects of feasibility and argues for a more realistic view of feasibility. Four aspects of feasibility are identified and discussed: resource feasibility, value feasibility, human feasibility, and institutional feasibility.

If there is a duty of justice to contribute to society, which asks individuals to produce a specific amount of goods and services that can be redistributed, we need a decision-procedure to know when we have done our part. This paper analyses and critically assesses the commonly suggested decision-procedure of relying on market prices to measure the value of one’s contribution. It is usually assumed that a high salary indicates that one’s talents are put to good use, but this presupposes (...) both that market prices of labour are correct reflections of supply and demand, and that market prices are correct reflections of social value. I criticise both assumptions and argue that the social value of a contribution cannot simply be a function of its market value, but is also influenced by the principles of justice that support the duty to contribute. Further, the market solution is incapable of valuing contributions that lack market prices, like non-marketised care labour. The market solution thus fails as a decision-procedure under other than special circumstances. This does not mean, however, that we need to give up the idea of a duty to contribute. (shrink)

I reply to several pieces of commentary on my recent book.

The feasibility constraint on the concept of justice roughly states that a necessary condition for something to qualify as a conception of justice is that it is possible to achieve and maintain given the conditions of the human world. In this paper, I propose three alternative interpretations of this constraint that could be derived from different understandings of the Kantian formula ‘ought implies can’: the ability constraint, the motivational constraint and the institutional constraint. I argue that the three constraints constitute (...) a sequence in the sense that accepting the motivational constraint presupposes that we accept the ability constraint, and to accept the institutional constraint presupposes that we accept both previous constraints. Adding the possibility of rejecting all three constraints, we get four distinct metatheoretical positions that theorists could take vis-à-vis the feasibility constraint on justice. (shrink)

One of David Estlund’s key claims in Utopophobia is that theories of justice should not bend to human motivational limitations. Yet he does not extend this view to our cognitive limitations. This creates a dilemma. Theories of justice may ignore cognitive as well as motivational limitations—but this makes them so unrealistic as to be unrecognizable as theories of justice. Theories may bend to both cognitive and motivational limitations—but Estlund wants to reject this view. The other alternative is to find some (...) non-ad hoc way to distinguish cognitive from motivational limitations. I argue that this strategy will not work. Just as a person’s cognitive limitations may block her motives no matter how much she perseveres, so too motivational limitations may be genuine inabilities. Even ideal theories of justice must bend to even ordinary motivational limitations when they truly cause us to be unable to comply with requirements. (shrink)

When we can’t live up to the ultimate standards of morality, how can moral theory give us guidance? We can distinguish between ideal and non-ideal theory to see that there are different versions of the voluntarist constraint, ‘ought implies can.’ Ideal moral theory identifies the best standard, so its demands are constrained by one version. Non-ideal theory tells us what to do given our psychological and motivational shortcomings and so is constrained by others. Moral theory can now both provide an (...) ultimate standard and give us guidance; this view also gives us new insights into demandingness and blame. (shrink)

People tend to be biased and irrational about politics. Should this constrain what our normative theories of democracy can require? David Estlund argues that the answer is ‘no’. He contends that even if such facts show that the requirements of a normative theory are very unlikely to be met, this need not imply that the theory is unduly unrealistic. I argue that the application of Estlund’s argument to political irrationality depends on a false presupposition: mainly, that being rational about politics (...) is something people could easily do if they tried. Since the empirical evidence shows that being rational about politics is actually quite difficult, Estlund’s argument comes up short. Moreover, I argue that the argument cannot plausibly be extended to insulate normative theories of democracy from facts about political irrationality because of the need for constraints of realism to explain the crucial role that appeals to (reasonable) disagreement play within such theories. (shrink)

I defend affirmative action on the ground that it increases certain people’s ability to exercise their basic liberties, rather than because it rectifies injustice in the narrow context of educational admission procedures. I present this justification using a Rawlsian contractualist framework to forge a “nonideal principle of justice.” Drawing on social science, I argue that this principle supports affirmative-action policies like those in the contemporary U.S., and blocks the objection that such policies are unfair. In closing, I show how my (...) account can be used to refine some features of contemporary affirmative-action policies, and I reflect more generally on the value of nonideal principles of justice for tackling exigent topics. (shrink)

The contemporary methodological debate about justice has centered around a dispute about the value of so-called ideal theory. I argue that justice performs a social-guiding function, which explains how people should respond to their limited and fallible abilities to realize justice institutionally. My argument helps to re-orientate the contemporary methodological debate. The obvious disagreement between many prominent supporters and skeptics of ideal theory obscures the fact that they are united by a false assumption: the practical value of justice exclusively consists (...) of its institution-guiding function. To capture the overlooked social-guiding function, a richer normative theory of justice is required; I show how such a theory can be supplied by “ideal-transitional” principles. (shrink)