This book follows hard upon Korsgaard's The Sources of Normativity. Both present the author's influential version of a Kantian theory of normative ethics and metaethics. Whereas The Sources of Normativity was a systematic investigation of "normativity" written as a single unit, the present volume is a collection of previously published papers, some of them already well known and much discussed, dating between 1983 and 1993. By the nature of the case, one might expect less thematic unity in this book than (...) in the other one, but the present book is a deeper and more wide ranging presentation of the author's views. Korsgaard's historical focus in The Sources of Normativity is less on Kant and more on the British moralists. Creating the Kingdom of Ends deals quite explicitly with the interpretation of Kant's moral philosophy. The papers in this book contain, in my judgment, the heart of Korsgaard's work: a variety of fresh and illuminating insights into Kant's moral theory and its relation to contemporary ethical theory which have helped to reshape the image of Kant's ethics and to refocus the issues dealt with in current moral philosophy. Or to make claims less grand but of more immediate relevance to this review, there is no question that some of the papers in this book have helped to reshape both the present writer's image of Kant's ethics and his conception of the way questions of ethical theory should be addressed. I hope below to say something both about where I think Korsgaard has gotten these matters right, and where I find her position either unclear or dubious. (shrink)

Following John Rawls, nonideal theory is typically divided into: (1) “partial-compliance theory” and (2) “transitional theory." The former is concerned with those circumstances in which individuals and political regimes do not fully comply with the requirements of justice, such as when people break the law or some individuals do not do their fair share within a distributive scheme. The latter is concerned with circumstances in which background institutions may be unjust or may not exist at all. This paper focuses on (...) issues arising in transitional theory. In particular, I am concerned with what Rawls’ has called “burdened societies," that is, those societies that find themselves in unfavorable conditions, such that their historical, social or economic circumstances make it difficult to establish just institutions. The paper investigates exactly how such burdened societies should proceed towards a more just condition in an acceptable fashion. Rawls himself tells us very little, except to suggest that societies in this condition should look for policies and courses of action that are morally permissible, politically possible and likely to be effective. In this paper I first try to anticipate what a Rawlsian might say about the best way for burdened societies to handle transitional problems and so move towards the ideal of justice. Next, I construct a model of transitional justice for burdened societies. Ultimately, I argue for a model of transitional justice that makes use of a nonideal version of Rawls’ notion of the worst-off representative person. (shrink)

This book continues and revises the ideas of justice as fairness that John Rawls presented in _A Theory of Justice_ but changes its philosophical interpretation in a fundamental way. That previous work assumed what Rawls calls a "well-ordered society," one that is stable and relatively homogenous in its basic moral beliefs and in which there is broad agreement about what constitutes the good life. Yet in modern democratic society a plurality of incompatible and irreconcilable doctrines--religious, philosophical, and moral--coexist within the (...) framework of democratic institutions. Recognizing this as a permanent condition of democracy, Rawls asks how a stable and just society of free and equal citizens can live in concord when divided by reasonable but incompatible doctrines? This edition includes the essay "The Idea of Public Reason Revisited," which outlines Rawls ' plans to revise _Political Liberalism,_ which were cut short by his death. "An extraordinary well-reasoned commentary on _A Theory of Justice_...a decisive turn towards political philosophy." --_Times Literary Supplement_. (shrink)

It is conventional wisdom among political philosophers that ideal principles of justice must guide our attempts to design institutions to avert actual injustice. Call this the ideal guidance approach. I argue that this view is misguided— ideal principles of justice are not appropriate "guiding principles" that actual institutions must aim to realize, even if only approximately. Fortunately, the conventional wisdom is also avoidable. In this paper, I develop an alternative approach to institutional design, which I call institutional failure analysis. The (...) basic intuition of this approach is that our moral assessment of institutional proposals is most effective when we proceed from a detailed understanding of the causal processes generating problematic social outcomes. Failure analysis takes the institutional primary design task to be obviating or averting institutional failures. Consequently, failure analysis enables theorists to prescribe more effective solutions to actual injustice because its focuses on understanding the injustice, rather than specifying an ideal of justice. (shrink)

In her ‘On the apparent paradox of ideal theory’, Laura Valentini combines three supposedly plausible premises to derive the paradoxical result that ideal theory is both unable to, and indispensable for, guiding action. Her strategy is to undermine one of the three premises by arguing that there are good and bad kinds of ideal theory, and only the bad kinds are vulnerable to the strongest version of their opponents’ attack. By undermining one of the three premises she releases ideal theorists (...) from the paradox, which is as follows. (1) Any sound theory of justice is action-guiding. (2) Any sound theory of justice is ideal. (3) Any ideal theory fails to be action-guiding. Here I shall respond to Valentini in two ways. First, I shall show that both (1) and (2) are false. The falsity of either is sufficient to release ideal theorists from the paradox. Second, I shall show that Valentini’s response to (3) can be extended, because her bad kinds of ideal theory do not necessarily fail to guide action. The cumulative effect of my arguments further strengthens Valentini’s support of ideal theory. I will deal with premises (1) and (2) in Sections I and II, and (3) in Section III. (shrink)

And in this book the distinguished scholar Amartya Sen offers a powerful critique of the theory of social justice that, in its grip on social and political ...

My paper addresses a topic--the implications of Rawls's justice as fairness for affirmative action--that has received remarkably little attention from Rawls's major interpreters. The only extended treatments of it that are in print are over a quarter-century old, and they bear scarcely any relationship to Rawls's own nonideal theorizing. Following Christine Korsgaard's lead, I work through the implications of Rawls's nonideal theory and show what it entails for affirmative action: viz. that under nonideal conditions, aggressive forms of formal equality of (...) opportunity (e.g., sensitivity training, outreach efforts, external monitoring and enforcement) and compensating support (e.g., special fellowship programs, childcare facilities, mentoring, co-op opportunities, etc.) can be justified, but that "hard" and even "soft" quotas are difficult to defend under any conditions. I conclude the paper by exploring the implications of these surprising results for contemporary liberalism more broadly and for constitutional law and public policy. (shrink)

Abstract: Philosophers who have addressed the problems of enduring racial injustice have been suspicious of the role played by ideal theory in ethics and political philosophy generally, and in contemporary liberal political philosophy in particular. The theoretical marginalization of race in the work of Rawls has led some to charge that ideal theory is at the very least unhelpful in understanding one of the most significant forms of contemporary injustice, and is at worst ideological in the pejorative sense. To explore (...) these concerns, I formulate five related criticisms of ideal theory and examine each as it would be applied to Rawls's political philosophy. My thesis is that the strongest criticisms—namely, that ideal theory is essentially ideological and cannot provide adequate grounds for justifying race-conscious, equality-securing measures—ultimately miss the mark. But other criticisms of ideal theory are more plausible, and most plausibly directed to an area of Rawls's thought often ignored in discussions of liberalism and race, namely, his account of citizenship and public reasoning. (shrink)

This book originated as lectures for a course on political philosophy that Rawls taught regularly at Harvard in the 1980s.

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.

Although the thesis that equal basic liberties take priority over increases in wealth is one of the two most important theses in the rawlsian theory of justice, The argumentation for it is obscure. This article emphasizes the centrality of self-Respect in rawls' treatment of liberty, Specifies five particular assumptions he makes, And constructs a deductive argument from the rawlsian assumptions to the rawlsian conclusion about liberty. Of special interest are the premises of economic adequacy for the worst-Off man and the (...) incentive value of economic inequality, Which reveal the relation between the difference principle and the priority of liberty. (shrink)

Previous edition, 1st, published in 1971.

Christine Korsgaard has become one of the leading interpreters of Kant's moral philosophy. She is identified with a small group of philosophers who are intent on producing a version of Kant's moral philosophy that is at once sensitive to its historical roots while revealing its particular relevance to contemporary problems. She rejects the traditional picture of Kant's ethics as a cold vision of the moral life which emphasises duty at the expense of love and value. Rather, Kant's work is seen (...) as providing a resource for addressing not only the metaphysics of morals, but also for tackling practical questions about personal relations, politics, and everyday human interaction. This collection contains some of the finest current work on Kant's ethics and will command the attention of all those involved in teaching and studying moral theory. (shrink)

Moral Repair examines the ethics and moral psychology of responses to wrongdoing. Explaining the emotional bonds and normative expectations that keep human beings responsive to moral standards and responsible to each other, Margaret Urban Walker uses realistic examples of both personal betrayal and political violence to analyze how moral bonds are damaged by serious wrongs and what must be done to repair the damage. Focusing on victims of wrong, their right to validation, and their sense of justice, Walker presents a (...) unified and detailed philosophical account of hope, trust, resentment, forgiveness, and making amends - the emotions and practices that sustain moral relations. Moral Repair joins a multidisciplinary literature concerned with transitional and restorative justice, reparations, and restoring individual dignity and mutual trust in the wake of serious wrongs. (shrink)

Can Rawlsian theory provide us with an adequate response to the practical question of how we should proceed in the face of widespread and intractable disagreement over matters of justice? Recent criticism of ideal theorizing might make us wonder whether this question highlights another way in which ideal theory can be too far removed from our non-ideal circumstances to provide any practical guidance. Further reflection on it does not show that ideal theory is redundant, but it does indicate that there (...) is a need for a non-ideal theory that does not consist simply in an account of how to apply the principles which are yielded by ideal theory to non-ideal circumstances in the light of what is feasible and an assessment of the costs of implementation. Indeed any non-ideal theory that can adequately address this question will have to be partially autonomous, drawing on a notion of legitimacy that is rather different to the one which lies at the heart of Rawlsian ideal theory. (shrink)

Political violence does not end with the last death. A common feature of mass murder has been the attempt at destroying any memory of victims, with the aim of eliminating them from history. Perpetrators seek not only to eliminate a perceived threat, but also to eradicate any possibility of alternate, competing social and national histories. In his timely and important book, Unchopping a Tree, Ernesto Verdeja develops a critical justification for why transitional justice works. He asks, “What is the balance (...) between punishment and forgiveness? And, “What are the stakes in reconciling?” Employing a normative theory of reconciliation that differs from prevailing approaches, Verdeja outlines a concept that emphasizes the importance of shared notions of moral respect and tolerance among adversaries in transitional societies. Drawing heavily from cases such as reconciliation efforts in Latin America and Africa—and interviews with people involved in such efforts—Verdeja debates how best to envision reconciliation while remaining realistic about the very significant practical obstacles such efforts face Unchopping a Tree addresses the core concept of respect across four different social levels—political, institutional, civil society, and interpersonal—to explain the promise and challenges to securing reconciliation and broader social regeneration. (shrink)

The history of international relations is characterized by widespread injustice. What implications does this have for those living in the present? Should contemporary states pay reparations to the descendants of the victims of historic wrongdoing? Many writers have dismissed the moral urgency of rectificatory justice in a domestic context, as a result of their forward-looking accounts of distributive justice. Rectifying International Injustice argues that historical international injustice raises a series of distinct theoretical problems, as a result of the popularity of (...) backward-looking accounts of distributive justice in an international context. It lays out three morally relevant forms of connection with the past, based in ideas of benefit, entitlement and responsibility. Those living in the present may have obligations to pay compensation insofar as they are benefiting, and others are suffering, as a result of the effects of historic injustice. They may be in possession of property which does not rightly belong to them, but to which others have inherited entitlements. Finally, they may be members of political communities which bear collective responsibility for an ongoing failure to rectify historic injustice. Rectifying International Injustice considers each of these three linkages with the past in detail. It examines the complicated relationship between rectificatory justice and distributive justice, assesses the appropriateness of judging the past by contemporary moral standards, and argues that many of those who resist cosmopolitan demands for the global redistribution of resources have failed to appreciate the extent to which past wrongdoing undermines the legitimacy of contemporary resource holdings. (shrink)

Offering the most comprehensive book-length study to-date of reparation programs, this handbook contains an innovative blend of case-study analysis, thematic papers, and national legislation documents from leading scholars and practitioners. This landmark work will make a genuine contribution to the theory and practice of reparations.

This book articulates a systematic vision of an international legal system grounded in the commitment to justice for all persons. It provides a probing exploration of the moral issues involved in disputes about secession, ethno-national conflict, "the right of self-determination of peoples," human rights, and the legitimacy of the international legal system itself. Buchanan advances vigorous criticisms of the central dogmas of international relations and international law, arguing that the international legal system should make justice, not simply peace among states, (...) a primary goal, and rejecting the view that it is permissible for a state to conduct its foreign policies exclusively according to what is in the "national interest." He also shows that the only alternatives are not rigid adherence to existing international law or lawless chaos in which the world's one superpower pursues its own interests without constraints. This book not only criticizes the existing international legal order, but also offers morally defensible and practicable principles for reforming it. Justice, Legitimacy, and Self-Determination will find a broad readership in political science, international law, and political philosophy. (shrink)

Analyzes the historic correlation of injustice and moral judgments. Universalizability in analyzing moral judgments; Role of payment of money in the embodiment of communal remembrance; Symbolic reparation.

This book continues and revises the ideas of justice as fairness that John Rawls presented in _A Theory of Justice_ but changes its philosophical interpretation in a fundamental way. That previous work assumed what Rawls calls a "well-ordered society," one that is stable and relatively homogenous in its basic moral beliefs and in which there is broad agreement about what constitutes the good life. Yet in modern democratic society a plurality of incompatible and irreconcilable doctrines -- religious, philosophical, and moral (...) -- coexist within the framework of democratic institutions. Recognizing this as a permanent condition of democracy, Rawls asks how a stable and just society of free and equal citizens can live in concord when divided by reasonable but incompatible doctrines? This edition includes the essay "The Idea of Public Reason Revisited," which outlines Rawls' plans to revise _Political Liberalism,_ which were cut short by his death. "An extraordinary well-reasoned commentary on _A Theory of Justice_...a decisive turn towards political philosophy." -- _Times Literary Supplement_. (shrink)

The claim that liberal democratic normative commitments are compatible with nationalism is challenged by the widely acknowledged fact that national identities invariably depend on historical myths: the nationalist defence of such publicly shared myths is in tension with liberal democratic theory’s commitment to norms of publicity, public justification, and freedom of expression. Recent liberal nationalist efforts to meet this challenge by justifying national myths on liberal democratic grounds fail to distinguish adequately between different senses of myth. Once this is done (...) (drawing on Arthur Danto’s analytical philosophy of history), it becomes apparent that historical narratives cannot be justifiably shielded from criteria of truth and significance, and that genuinely historical myths are incompatible with liberal democratic political philosophy. (shrink)

This paper provides an overview of psychosocial and mental health theory and practice as it has emerged in contexts of war, post-war, and transitional situations. It identifies several models that have guided much of this work until now, critically examines their underlying assumptions, and posits a series of limitations inherent in the dominant paradigm of post-traumatic stress disorder, especially as applied in the aftermath of political violence. It argues that psychosocial work as part of reparations processes must be designed and (...) enacted within specific historical, cultural, sociopolitical contexts, with singular individuals and their particular communities. This perspective permits more effective ways of responding to and working within the diversity of challenges facing societies seeking to reconstruct in the wake of war and other forms of organized political violence. An alternative framework for this work is proposed, which must be articulated and shaped in practice by individuals, families, and groups in their neighborhoods, communities, and societies. Exhumations and reburials, in two distinct contexts, are examined as sites for psychosocial work within reparation processes. The paper concludes by describing ongoing questions that challenge psychosocial workers hoping to contribute to reparations work. (shrink)

This article offers an account of the responsibility that individuals bear by virtue of their national belonging alone. Via their national pride, the living connect themselves actively with select actions performed by others who might long be dead. They imagine themselves as having won past wars, built ancient empires and the like. This same feat of their imagination imposes on them a responsibility for the bad outcomes that were brought about through their imagined exploits. Their national responsibility for the “sins (...) of the fathers” however lends itself only to the kinds of responses that these living agents can demand of themselves. While their national responsibility can be captured by either the vocabulary of guilt or that of shame, the latter turns out to be more promising as it better accounts for the strong hold that the national idea has on contemporary political thinking. (shrink)

Political realists like Bernard Williams and Raymond Geuss reject political moralism, where ideal ethical theory comes first, then applied principles, and politics is reduced to a kind of applied ethics. While the models of political moralism that Williams criticizes are endorsed by G.A. Cohen and Ronald Dworkin respectively, I argue that this realist case against John Rawls cannot be sustained. In explicating and defending Rawls’s realistically utopian conception of ideal theory I defend a Kantian conception of theory where it is (...) by abstracting from immediate realities that theory is fit to guide practice by providing a framework for political judgment. (shrink)

This article offers an account of the responsibility that individuals bear by virtue of their national belonging alone. Via their national pride, the living connect themselves actively with select actions performed by others who might long be dead. They imagine themselves as having won past wars, built ancient empires and the like. This same feat of their imagination imposes on them a responsibility for the bad outcomes that were brought about through their imagined exploits. Their national responsibility for the "sins (...) of the fathers" however lends itself only to the kinds of responses that these living agents can demand of themselves. While their national responsibility can be captured by either the vocabulary of guilt or that of shame, the latter turns out to be more promising as it better accounts for the strong hold that the national idea has on contemporary political thinking. (shrink)

This article proposes a normative theory of reparations for political violence from the standpoint of contemporary critical theory debates on recognition and redistribution. I argue that any satisfactory reparations theory should aspire to ‘status parity’, a term coined by Nancy Fraser, and should include symbolic and material components for both individuals and groups. The essay argues that reparations can promote a number of worthy goals, including the reaffirmation of moral respect and dignity of victims.