G. A. Cohen argues that Rawls’s difference principle is incompatible with his endorsement of incentives inequality—higher pay for certain professions is just when that pay benefits everyone. Cohen concludes that Rawls must reject both incentives inequality and ‘institutionalism’—the view that egalitarian principles, including the difference principle, apply exclusively to social institutions. I argue that the premises of Cohen’s ‘internal criticism’ of Rawls require rejecting two important parts of his theory: a ‘subjective circumstance of justice’ and a ‘shared conception of justice’. (...) These are important parts of Rawls’s ‘constructivism’. Constructivism is the view that a conception of justice is the solution to a practical interaction problem and is solved in part by examining the facts of the problem. Thus, an upshot of my arguments is that this Cohen/Rawls dispute reduces to another dispute over ‘constructivism’. (shrink)

This article provides a conceptual map of the debate on ideal and non‐ideal theory. It argues that this debate encompasses a number of different questions, which have not been kept sufficiently separate in the literature. In particular, the article distinguishes between the following three interpretations of the ‘ideal vs. non‐ideal theory’ contrast: (i) full compliance vs. partial compliance theory; (ii) utopian vs. realistic theory; (iii) end‐state vs. transitional theory. The article advances critical reflections on each of these sub‐debates, and highlights (...) areas for future research in the field. (shrink)

G.A. Cohen is famous for his critique of John Rawls’s view that principles of justice are restricted in scope to institutional structures. In recent work, however, Cohen has suggested that Rawlsians get more than just the scope of justice wrong: they get the concept wrong too. He claims that justice is a fundamental value, i.e. a moral input in our deliberations about the content of action-guiding regulatory principles, rather than the output. I argue here that Cohen’s arguments for extending the (...) scope of justice equivocate across his distinction between fundamental principles of justice, i.e. principles that tell us what justice is; and regulatory principles of justice, i.e. principles that tell us what is required of us, all things – including justice – considered. Though Cohen initially had the regulatory sense of the word ‘justice’ in mind when critiquing the basic structure restriction, his replies to the problem of demandingness presuppose his own, fundamental sense of the word ‘justice’. The upshot is that he escapes demandingness at the cost of sacrificing regulatory justice’s capacity to provide clear guidance. I conclude by considering Peter Singer’s efforts to deal with demandingness in his own work on global poverty. Since Singer manages to deal with demandingness without giving up clarity, his work is a good a place to start in the search for regulatory principles that are suitable for the context of personal choice. (shrink)

Should our factual understanding of the world influence our normative theorising about it? G.A. Cohen has argued that our ultimate normative principles should not be constrained by facts. Many others have defended or are committed to various versions or subsets of that claim. In this paper I dispute those positions by arguing that, in order to resist the conclusion that ultimate normative principles rest on facts about possibility or conceivability, one has to embrace an unsatisfactory account of how principles generate (...) normative political judgments. So political theorists have to choose between principles ostensibly unbiased by our current understanding of human motivation and political reality, or principles capable of reliably generating political judgments. I conclude with wider methodological observations in defence of the latter option, and so of a return to political philosophy’s traditional blend of normative and descriptive elements. (shrink)

In contemporary debates about justice, political philosophers take themselves to be engaged with a subject that’s narrower than the whole of morality. Many contemporary liberals, notably John Rawls, understand this narrowness in terms of context specificity. On their view, justice is the part of morality that applies to the context of a society’s institutions, but only has indirect application to the context of citizens’ personal lives. In contrast, many value pluralists, notably G.A. Cohen, understand justice’s narrowness in terms of singularity (...) against a plural background. On their view, justice is one fundamental value amongst a plurality of fundamental values. The purpose of my thesis is to establish that the pluralist conception of justice’s narrowness is theoretically significant and true. To establish its theoretical significance, I argue that proper attention to the ways in which different understandings of narrowness inform the work of contemporary egalitarians explains a considerable amount of disagreement between them concerning the content and scope of distributive justice. On the one hand, I’ll argue that if we understand justice’s narrowness in the manner Cohen and other pluralists do, i.e., understand a conception of justice to be a conception of a particular fundamental value, then both luck-egalitarianism and the claim that justice extends to the personal context are compelling. On the other hand, I’ll argue that if we understand justice’s narrowness in a contextual manner, i.e., understand justice to comprise one or more all-things-considered principles adopted for the institutional context, then both luck-egalitarianism and the claim that justice extends to the personal context prove implausible. To establish the truth of the pluralist conception of narrowness, I argue first, that the contextual understanding is only plausible if fairness should be understood procedurally instead of substantively; and second, that substantive fairness cannot be eliminated, as specifying the content of procedural fairness requires a substantive criterion. The upshot is that justice’s narrowness is best understood in terms of singularity against a plural background, rather than in terms of context specificity. (shrink)

G.A. Cohen and David Estlund claim that, because of their fact-dependent nature, constructivist theories of justice do not qualify as moral theories about fundamental values such as justice. In this paper, I defend fact-dependent, constructivist theories of justice against this fact-independency critique. I argue that constructivists can invoke facts among the grounds for accepting fundamental principles of justice while maintaining that the foundation of morality has to be non-empirical. My claim is that constructivists ultimately account for the normativity of fact-dependent (...) principles by referring to a fact-independent, moral conception of the person, which is not a principle of justice.1. (shrink)

This paper examines G. A. Cohen's final criticism of Ronald Dworkin's theory of equality of resources, which targets its treatment of inequalities that arise when some individuals make luckier choices than others make. Rebutting Cohen's argument that such option luck inequalities fail to be just in an unqualified sense, the paper argues that choice does not merely render inequality legitimate but instead can sometimes make inequality just. It also examines the relationship between Cohen's criticism and the conception of equality developed (...) in his earlier influential paper,. (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)

Rawls argues that ‘Parties in the original position would wish to avoid at almost any cost the social conditions that undermine self-respect’. But what are these social conditions that we should so urgently avoid? One evident candidate might be conditions of material inequality. Yet Rawls seems confident that his account of justice can endorse such inequalities without jeopardising citizens’ self-respect. In this article I argue that this confidence is misplaced. Unequalising incentives, I claim, jeopardise the self-respect of those least advantaged—at (...) least under a Rawlsian schema—by undermining the very processes by which Rawls hopes to make distributional inequalities and self-respect compatible. I begin by setting out Rawls’s distinct account of self-respect before moving to describe how Rawls expects the difference principle to support citizens’ in this regard. I then draw upon GA Cohen’s distinction between ‘strict’ and ‘lax’ interpretations of the difference principle to argue that the presence of unequalising incentives undermines both the direct and indirect support that the difference principle can offer to citizens’ self-respect. As such, I claim that Rawls must either weaken his endorsement of unequalising incentives, or risk violating his ‘prior commitment’ to avoiding social conditions harmful to citizens’ self-respect. (shrink)

En este artículo re-examinaremos la idea rawlsiana de que la estructura básica constituye el objeto primario de la justicia, a partir de la discusión planteada por G.A. Cohen. Veremos si, en efecto, las decisiones personales pueden quedar fuera del alcance de los principios de justicia o, en otras palabras, hasta qué punto la justicia es sólo un asunto institucional. Para ensayar una respuesta –siempre provisional– al problema del objeto de la justicia convocaremos al Principio Aristotélico propuesto por Rawls. En tal (...) sentido, diremos que, para mantener su postura ortodoxa sobre la exclusividad de la estructura básica como locus de la justicia, Rawls no sólo debería renunciar a su afirmación de que la fraternidad se expresa en el Principio de Diferencia –tal como lo demanda Cohen–, sino también a su pretensión de que la justicia como equidad sea compatible con la noción aristotélica de la justicia en tanto elusión de la pleonexia. (shrink)

This paper mounts a partial defense of the basic structure objection to the egalitarian criticism of productive incentives. The defense is based on the claim that some duties of justice are subject to a reciprocity condition. The paper develops this position via an examination of the debate between Andrew Williams and G. A. Cohen on publicity and incentives. Reciprocity is an intrinsic feature of a relational conception of social justice, not simply a requirement of stability. Not all duties are conditional (...) on reciprocity because some duties are owed to third parties, as well as to their primary targets. Some forms of exploitation may be unconditionally wrong, but not the specific kind of exploitation at stake when talented individuals accept market wages. (shrink)

According to the ‘integration approach’, interpretations of political concepts should explain that they stand for rights we ought to respect and be both compatible and mutually supporting. I start by clarifying what this means, and proceed to an examination of Ronald Dworkin’s latest argument for value holism. I argue that his argument fails to provide a convincing case for the integration approach. I go on to argue that we nonetheless should accept that interpretations of political concepts should be compatible, because (...) denying it would be inconsistent with, and the fact that ‘ought implies can’. I then provide reasons for thinking that we also cannot really satisfy for any particular concept without giving reasons in term of what fall under other concepts—that is, interpreting the concepts as mutually supporting. We thus have reasons to accept both parts of. Finally, I defend the integration approach from three important objections: First, that it conflates different values; secondly, that it is inconsistent with ordinary language-usage; and thirdly, that it overlooks important telic values. I conclude that none of these compels us to abandon the integration approach. (shrink)

The practice-dependent approach to justice has received a lot of attention in post-millennium political philosophy. It has been developed in different directions and its normative implications have been criticized, but little attention has been directed to the very distinction between practice-dependence and practice-independence and the question of what theoretically differentiates a practice-dependent account from mainstream practice-independent accounts. The core premises of the practice-dependent approach, proponents argue, are meta-normative and methodological. A key feature is the presumption that a concept of justice (...) is dependent on the function or aim of the social practices to which it is supposed to be applied. Closely related to this meta-normative thesis is an interpretive methodology for deriving principles of justice from facts about existing practices, in particular regarding their point and purpose. These two premises, practice-dependent theorists claim, differentiate their account since they are not accepted by practice-independent accounts and they justify different principles of justice than practice-independent accounts. Our aim in this article is to refute both and, demonstrating that practice-independent accounts may indeed accept the meta-normative and methodological premises of the practice-dependent accounts, and that we are given no theoretical reason to think that practice-dependent accounts justify other principles of justice for a practice than do practice-independent accounts. In other words, practice-dependent theorists have not substantiated their claim that practice-dependence is theoretically differentiated from mainstream accounts. When practice-dependent proponents argue for other principles of justice than mainstream theorists, it will be for the usual reason in normative theory: their first-order normative arguments differ. (shrink)

G. A. Cohen's critique of Rawls's defence of economic incentives echoes some of J. S. Mill's insights on the subject. Some of Cohen's arguments, however, clash not only with those of Rawls but also with each other as well as with Mill's. A similar charge, however, may be made against Rawls. This article has conciliatory ambitions. It suggests reconciling each author with himself, as well as with each other, by focusing onthe worthof liberty. It stresses the importance of non-pecuniary occupational (...) inequalities and proposes various measures to enhance the worth of the occupational freedom of those with fewer options. (shrink)

Although G. A. Cohen's work on Marx was flawed by a lack of gender-awareness, his work on Rawls owes much of its success to feminist inspiration. Cohen appeals effectively to feminism to rebut the basic structure objection to his egalitarian ethos, and could now appeal to feminism in response to Andrew Williams's publicity objection to this ethos. The article argues that Williams's objection is insufficient to rebut Cohen's ethos, inapplicable to variants of this ethos, and in conflict with plausible gender-egalitarian (...) ethoses. The article also advocates an understanding of basic structuralism and publicity consistent with feminism, and argues that Rawlsians need not reject plausible domestic egalitarian ethoses on either publicity or liberty grounds. To Michèle, G. A. Cohen's Harriet Taylor. (shrink)

There is a deep divide amongst political philosophers of an egalitarian stripe. On the one hand, there are so-called distributive egalitarians, who hold that equality obtains within a political community when each of its members enjoys an equal share of the community’s resources. On the other hand, there are so-called social egalitarians, who instead hold that equality obtains within a political community when each of its members stands in certain relations to other members of the community, such non-domination and lack (...) of oppression, for example. In this paper, we have three aims. Our first aim is to cast doubt on the helpfulness of characterizing the debate in this way. Our second aim is to reconstruct this debate in alternative and more precise terms, so that disagreements between advocates of either side are easier to evaluate. Our third aim is to advance a hybrid account that integrates element from both views. (shrink)