Analytic social ontology has been dominated by approaches where institutions tend to come out paradigmatically as being relatively harmonious and mutually beneficial. This can however raise worries about such models potentially playing an ideological role in conceptualizing certain politically charged features of our societies as marginal phenomena or not even being institutional matters at all. This article seeks to develop a nonideal theory of institutions, which neither assumes that institutions are beneficial or oppressive, and where ideology is understood as a (...) structuring and stabilizing phenomenon that helps maintain specific distributions of rights and duties by conferring perceived legitimacy onto them. (shrink)

The question whether distributive justice is at bottom practice-dependent or practice-independent has received much attention in recent years. I argue that the problem of intergenerational justice resolves this dispute in favor of practice-independence. Many believe that we owe more to our descendants than leaving them a world in which they can merely lead minimally decent lives. This thought is particularly convincing given the fact that it is us who determine to a significant extent what this future world will look like. (...) However, no practices that would trigger distributive obligations exist between distant generations. Thus, if we have to leave more than a minimum for future generations, we cannot conceive of distributive justice in terms of the justification of ongoing social interactions. Rather we have to think of the entire concept as an idea based on persons’ legitimate interests and capacity for well-being, and which abstracts from participation in particular practices. (shrink)

The question of whether or not a closed border entry policy under the unilateral control of a democratic state is legitimate cannot be settled until we first know to whom the justification of a regime of control is owed. According to the state sovereignty view, the control of entry policy, including of movement, immigration, and naturalization, ought to be under the unilateral discretion of the state itself: justification for entry policy is owed solely to members. This position, however, is inconsistent (...) with the democratic theory of popular sovereignty. Anyone accepting the democratic theory of political legitimation domestically is thereby committed to rejecting the unilateral domestic right to control state boundaries. Because the demos of democratic theory is in principle unbounded, the regime of boundary control must be democratically justified to foreigners as well as to citizens, in political institutions in which both foreigners and citizens can participate. (shrink)

Consisting of two essays, this work by a Harvard professor offers his thoughts on the idea of a social contract regulating people's behavior toward one another.

Proponents of practice-dependent egalitarianism argue that egalitarian duties and entitlements only apply among participants in morally relevant practices. In this paper, I argue that these views are implausible because they allow for objectionable treatment of non-participants. I show that it is impossible, on the basis of practice-internal considerations alone, to determine the extent to which the pursuit of practices can permissibly limit the opportunities of non-participants. There are opportunities beyond the current holdings of practices to which no one has a (...) privileged claim (such as unowned natural resources), and the distribution of which is a matter of justice. A just distribution of such unowned distributive goods, though, requires a practice-independent distributive baseline. I further show that such a baseline can only be egalitarian because all alternative baselines face serious objections. From this I conclude that any plausible theory of distributive justice must accept some form of equal practice-independent distributive entitlements. (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)

In Why Not Socialism?, GA Cohen defines socialism as the combined application of two moral principles: the egalitarian principle and the principle of community. The desirability of a social order organized around these two principles is illustrated by the ‘camping trip’ example. After describing the fundamental features of the camping trip scenario at reasonable length, Cohen argues that the desirability of such a social model is nearly self-explanatory, concluding therefore that the most significant challenges to socialism lie in its feasibility. (...) This article argues that the desirability of the camping trip model as an appropriate ideal for society is less obvious than Cohen acknowledges. To argue my point, I shall compare the camping trip with another social practice that is equally small sized and characterized by strong emotional ties among its members, but in which the conditions of what I shall call ‘goal-monism’ and discontinuity in time do not hold, namely, the family. (shrink)

In Andrea Sangiovanni’s words, practice-dependent theorists hold that “[t]he content, scope, and justification of a conception of [a given value] depends on the structure and form of the practices that the conception is intended to govern”. They have tended to present this as methodologically innovative, but here I point to the similarities between the methodological commitments of contemporary practice-dependent theorists and others, particularly P. F. Strawson in his Freedom and Resentment and Bernard Williams in general. I suggest that by looking (...) at what Strawson and Williams did, we can add to the reasons for adopting one form or another of practice-dependence. The internal complexity of the practices we hope our principles will govern may require it. However, this defence of practice-dependence also puts pressure on self-identified practice-dependence theorists, suggesting that they need to do more work to justify the interpretations of the practices their theories rely on. (shrink)