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

The claim that the level of well-beingeach enjoys ought to be to some extent afunction of individuals'' talents, efforts,accomplishments, and other meritoriousattributes faces serious challenge from bothegalitarians and libertarians, but also fromskeptics, who point to the poor historicalrecord of attempted merit assays and theubiquity of attribution biases arising fromlimited sweep, misattribution, custom andconvention, and mimicry. Yet merit-principlesare connected with reactive attitudes andinnate expectations, giving them some claim torecognition and there is a widespread beliefthat their use indirectly promotes thewell-being of all. (...) After critically evaluatingarguments for and against assigning a prominentrole to merit in a distributive protocol, it isargued that an entitlement to the ``doubtful andspeculative'''' but not the ``known andpresumptive'''' components of well-being can flowfrom perceived relative merit. However,statistical equality of outcome with respect togroups is mandatory. Semi-meritocracies aredefensible institutions, but existing rewardschemes by and large do not meet the conditionsof social justice. (shrink)

1. What are called ‘intuitions’ in philosophy are just applications of our ordinary capacities for judgement. We think of them as intuitions when a special kind of scepticism about those capacities is salient. 2. Like scepticism about perception, scepticism about judgement pressures us into conceiving our evidence as facts about our internal psychological states: here, facts about our conscious inclinations to make judgements about some topic rather than facts about the topic itself. But the pressure should be resisted, for it (...) rests on bad epistemology: specifically, on an impossible ideal of unproblematically identifiable evidence. 3. Our resistance to scepticism about judgement is not simply epistemic conservativism, for we resist it on behalf of others as well as ourselves. A reason is needed for thinking that beliefs tend to be true. 4. Evolutionary explanations of the tendency assume what they should explain. Explanations that appeal to constraints on the determination of reference are more promising. Davidson’s truth-maximizing principle of charity is examined but rejected. 5. An alternative principle is defended on which the nature of reference is to maximize knowledge rather than truth. It is related to an externalist conception of mind on which knowing is the central mental state. 6. The knowledge-maximizing principle of charity explains why scenarios for scepticism about judgement do not warrant such scepticism, although it does not explain how we know in any particular case. We should face the fact that evidence is always liable to be contested in philosophy, and stop using talk of intuition to disguise this unpleasant truth from ourselves. (shrink)

Do motivational limitations due to human nature constrain the demands of justice? Among those who say no, David Estlund offers perhaps the most compelling argument. Taking Estlund’s analysis of “ability” as a starting point, I show that motivational deficiencies can constrain the demands of justice under at least one common circumstance — that the motivationally-deficient agent makes a good faith effort to overcome her deficiency. In fact, my argument implies something stronger; namely, that the demands of justice are constrained by (...) what people are sufficiently likely to be motivated to do. Thus, contrary to the prevailing wisdom, it is the business of ideal theory — not just nonideal theory — to work with the motivational capacities people are likely enough to have. (See also Estlund's reply in the same issue of EJPT and my rejoinder on Philpapers.). (shrink)

Recent methodological debates regarding the place of feasibility considerations in normative political theory are hindered for want of a rigorous model of the feasibility frontier. To address this shortfall, I present an analysis of feasibility that generalizes the economic concept of a production possibility frontier and then develop a rigorous model of the feasibility frontier using the familiar possible worlds technology. I then show that this model has significant methodological implications for political philosophy. On the Target View, a political ideal (...) presents a long-term goal for morally progressive reform efforts and, thus, serves as an important reference point for our specification of normative political principles. I use the model to show that we can- not reasonably expect that adopting political ideals as long-term reform objectives will guide us toward the realization of morally optimal feasible states of affairs. I conclude by proposing that political philosophers turn their attention to the analysis of actual social failures rather than political ideals. (shrink)

In contemporary free will theory, a significant number of philosophers are once again taking seriously the possibility that human beings do not have free will, and are therefore not morally responsible for their actions. Free will theorists commonly assume that giving up the belief that human beings are morally responsible implies giving up all our beliefs about desert. But the consequences of giving up the belief that we are morally responsible are not quite this dramatic. Giving up the belief that (...) we are morally responsible undermines many, and perhaps most, of the desert claims we are pretheoretically inclined to accept. But it does not undermine desert claims based on the sheer fact of personhood. Even in the absence of belief in moral responsibility, personhood-based desert claims require us to respect persons and their rights. So personhood-based desert claims can provide a substantial role for desert in free will skeptics' ethical theories. (shrink)

In contemporary free will theory, a significant number of philosophers are once again taking seriously the possibility that human beings do not have free will, and are therefore not morally responsible for their actions. (Free will is understood here as whatever satisfies the control condition of moral responsibility.) Free will theorists commonly assume that giving up the belief that human beings are morally responsible implies giving up all our beliefs about desert. But the consequences of giving up the belief that (...) we are morally responsible are not quite this dramatic. Giving up the belief that we are morally responsible undermines many, and perhaps most, of the desert claims we are pretheoretically inclined to accept. But it does not undermine desert claims based on the sheer fact of personhood. Even in the absence of belief in moral responsibility, personhood-based desert claims require us to respect persons and their rights. So personhood-based desert claims can provide a substantial role for desert in free will skeptics' ethical theories. (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)

John Tomasi's Free Market Fairness treats both traditions with depth, nuance, and unremitting fair-mindedness, and then points us toward a synthesis. Social democrats and libertarians equally need to read this book.

In Smilansky (1996) I proposed an outline of a theory of responsibility and desert, which I claimed both (a) enables us to see responsibility as a condition for desert even in the major apparent counter-examples such as those proposed in Feldman (1995); and (b) represents the ordinary way of seeing the connection between responsibility and desert better than previous formulations. Behind this proposal lies a crucial distinction between two ways in which responsibility can be a condition for desert. From Feldman’s (...) reply (1996) it seems that this crucial distinction was not suffi- ciently brought out in my paper. (shrink)

In his book A Theory of Justice, John Rawls introduces and employs the concept of “reflective equilibrium” as a method of testing which of rival moral theories is to be preferred. The introduction of this concept is plainly a significant event for moral philosophy. The criterion by which we decide to reject, say, utilitarianism in favour of a contractual theory of justice is, if anything, even more fundamental than the choice of theory itself, since our choice of moral theory may (...) well be determined by the criterion we use. (shrink)

The traditional philosophical doctrine of double effect claims that agents’ intentions affect whether acts are morally wrong. Our behavioral study reveals that agents’ intentions do affect whether acts are judged morally wrong, whereas the temporal order of good and bad effects affects whether acts are classified as killings. This finding suggests that the moral judgments are not based on the classifications. Our results also undermine recent claims that prior moral judgments determine whether agents are seen as causing effects intentionally rather (...) than as side effects. (shrink)

For millennia, philosophers have speculated about the origins of ethics. Recent research in evolutionary psychology and the neurosciences has shed light on that question. But this research also has normative significance. A standard way of arguing against a normative ethical theory is to show that in some circumstances the theory leads to judgments that are contrary to our common moral intuitions. If, however, these moral intuitions are the biological residue of our evolutionary history, it is not clear why we should (...) regard them as having any normative force. Research in the neurosciences should therefore lead us to reconsider the role of intuitions in normative ethics. (shrink)

Moral Realism is a systematic defence of the idea that there are objective moral standards. Russ Shafer-Landau argues that there are moral principles that are true independently of what anyone, anywhere, happens to think of them. His central thesis, as well as the many novel supporting arguments used to defend it, will spark much controversy among those concerned with the foundations of ethics.

In one of the earlier influential papers in the field of experimental philosophy titled Normativity and Epistemic Intuitions published in 2001, Jonathan M. Weinberg, Shaun Nichols and Stephen Stich reported that respondents answered Gettier type questions differently depending on their ethnic background as well as socioeconomic status. There is currently a debate going on, on the significance of the results of Weinberg et al. (2001) and its implications for philosophical methodology in general and epistemology in specific. Despite the debates, however, (...) to our knowledge, there has not been a replication attempt of the experiments of the original paper. We collected data from four different sources (two on-line and two in-person) to replicate the experiments. Despite several different data sets and in various cases larger sample sizes and hence greater power to detect differences, we failed to detect significant differences between the above-mentioned ethnic and socioeconomic groups. Our results suggest that epistemic intuitions are more robust across ethnic and socioeconomic groups than Weinberg et al. (2001) indicates. Given our data, we believe that the notion of differences in epistemic intuitions among different ethnic and socioeconomic groups that follows from Weinberg et al. (2001) needs to be corrected. (shrink)

Health, Luck, and Justice is the first attempt to systematically apply luck egalitarianism to the just distribution of health and health care.

People ought to get what they deserve. And what we deserve can depend on effort, performance, or on excelling in competition, even when excellence is partly a function of our natural gifts. Or so most people believe. Philosophers sometimes say otherwise. At least since Karl Marx complained about capitalist society extracting surplus value from workers, thereby failing to give workers what they deserve, classical liberal philosophers have worried that to treat justice as a matter of what people deserve is to (...) license interference with liberty. Rawls likewise rejected patterns imposed by principles of desert, calling it “one of the fixed points of our considered judgments that no one deserves his place in the distribution of natural endowments, any more than one deserves one’s initial starting place in society. The assertion that a man deserves the superior character that enables him to make the effort to cultivate his abilities is equally problematic; for his character depends in large part upon fortunate family and social circumstances for which he can claim no credit. The notion of desert seems not to apply to these cases.” Rawls’s view is, in a way, compelling. Inevitably, our efforts are aided by natural gifts, positional advantages, and sheer luck, so how much can we deserve? And if our very characters result from an interplay of these same factors, how can we (capitalists and proletariat workers alike) deserve anything at all? Samuel Scheffler says, “none of the most prominent contemporary versions of philosophical liberalism assigns a significant role to desert at the level of fundamental principle.” If so, I argue, the most prominent contemporary versions of philosophical liberalism are mistaken. In particular, there is an aspect of what we do to make ourselves deserving that, although it has not been discussed in the literature, plays a central role in everyday moral life, and for good reason. (shrink)

A liberal society seeks not to impose a single way of life, but to leave its citizens as free as possible to choose their own values and ends. It therefore must govern by principles of justice that do not presuppose any particular vision of the good life. But can any such principles be found? And if not, what are the consequences for justice as a moral and political ideal? These are the questions Michael Sandel takes up in this penetrating critique (...) of contemporary liberalism. Sandel locates modern liberalism in the tradition of Kant, and focuses on its most influential recent expression in the work of John Rawls. In the most important challenge yet to Rawls' theory of justice, Sandel traces the limits of liberalism to the conception of the person that underlies it, and argues for a deeper understanding of community than liberalism allows. (shrink)

During the last half of the twentieth century, legal philosophy (or legal theory or jurisprudence) has grown significantly. It is no longer the domain of a few isolated scholars in law and philosophy. Hundreds of scholars from diverse fields attend international meetings on the subject. In some universities, large lecture courses of five hundred students or more study it. The primary aim of the Law and Philosophy Library is to present some of the best original work on legal philosophy from (...) both the Anglo-American and European traditions. Not only does it help make some of the best work avail able to an international audience, but it also encourages increased awareness of, and interaction between, the two major traditions. The primary focus is on full-length scholarly monographs, although some edited volumes of original papers are also included. The Library editors are assisted by an Editorial Advisory Board of internationally renowed scholars. Legal philosophy should not be considered a narrowly circumscribed field. (shrink)

The theory of equal opportunity as I have expounded it in Roemer uses a language comprising five words: objective, circumstance, type, effort, and policy. The objective is the kind of outcome or well-being or advantage for whose acquisition one wishes to equalize opportunities, in a given population. Circumstances are the set of environmental influences, beyond the individual’s control, that affect his or her chances of acquiring the objective. A type is the group of individuals in the population with a given (...) set of circumstances. Effort is autonomously chosen action—within the individual’s control—which, if expended in greater amounts, will increase the degree to which the individual acquires the objective. A policy is a social intervention that is used to influence the degree to which individuals acquire the objective. The equal-opportunity policy is the one from the set of feasible policies that will make it the case that the degree to which individuals acquire the objective is independent of their circumstances, and sensitive only to their effort. I propose a way of computing the equal-opportunity policy in any given situation, given the appropriate data, and a decision as to what environmental aspects should be taken to constitute circumstances. This quick summary leaves out many details, which will be focused upon in what follows. (shrink)

Previous edition, 1st, published in 1971.

While libertarians affirm personal responsibility as a central moral and political value, libertarian theorists write relatively little about the theory and practice of this value. Focusing on the work of F. A. Hayek and David Schmidtz, this article identifies the core of a libertarian approach to personal responsibility and demonstrates the ways in which this approach entails a radical revision of the ethics and American politics of personal responsibility. Then, I highlight several central implications of this analysis in the American (...) political and economic status quo. First, this analysis makes a mockery of so-called libertarian/conservative ‘fusionism’, such that libertarian personal responsibility cannot partner with meritocratic conservative thought to provide a plural grounding for rejecting progressive or redistributive economic policy. Next, preferred libertarian policies threaten the status, esteem and social bases of self-respect of citizens who are worse-off through little or no fault of their own. Finally, these policies undermine the ethics of personal responsibility that Americans from across the ideological spectrum value and many conservatives and libertarians celebrate. In the American status quo, those who value personal responsibility must reserve a central place for policies that mitigate opportunity and distributive inequalities. (shrink)

Throughout, the book combines daring speculations with detailed investigations to portray the nature and status of rationality and the essential role that...

In "epistocratic" forms of government, political power is wielded by those who possess the knowledge relevant to good policymaking. Some democrats--notably, David Estlund--concede that epistocracy might produce better political outcomes than democracy but argue that epistocracy cannot be justified under public reason. These objections to epistocracy are unsound because they violate a viability constraint: they are also fatal to democracy and all other plausible political arrangements. Moreover, there is a problem with the public reason framework itself--a problem that can only (...) be solved by providing a better definition for what makes an objection to a political arrangement a "reasonable" one. (shrink)

A reconsideration of mill's theory of "higher pleasures," construed as a way of evaluating changes in preferences or character that result from changes in social environment. mill's account is criticized and partly reconstructed in light of modern preference theory, but viewed favorably as an illuminating attempt to address a fundamental problem in moral evaluation of social institutions. mill's advocacy of the higher pleasures is defended in particular against the charge that it is incompatible with his commitment to liberty.

How ought we to evaluate and respond to expressions of anger and resentment? Can philosophical analysis of resentment as the emotional expression of a moral claim help us to distinguish which resentments ought to be taken seriously? Philosophers have tended to focus on what I call ‘reasonable’ resentments, presenting a technical, narrow account that limits resentment to the expression of recognizable moral claims. In the following paper, I defend three claims about the ethics and politics of resentment. First, if we (...) care about socially just processes of reconciliation, we have good reason to pay attention to the logic of resentments. Second, the account philosophers offer of resentment – its distinctive features, aims, rationality, and gratification – will affect the conclusions we draw about which actual resentments to take seriously, which aspects of resentful claims need addressing, and what it means to address and repair them. In contesting definitions of resentment, I argue, we do more than simply perform housekeeping in philosophical taxonomies of emotion. Restricting our understanding to essentially ‘moral’ cases may cause us to lose sight of expressly political resentments. Instead, I argue, a plausible account of resentment must acknowledge that we resent violations and threats that are not necessarily self-pertaining, may not be expressible as individual, discrete injuries, and cannot always be construed as moral threats. Second, given the dependence of moral judgments on a broader horizon of moral possibility, philosophical standards of ‘reasonable’ or ‘appropriate’ resentment cannot avoid being politically charged. Thus, the widely accepted account of ‘reasonable’ resentment cannot make philosophical sense of the most interesting and perplexing cases. Ironically, a theoretical measure designed to revalue emotional expressions of moral protest may result in the exclusion and silencing of those with the most reasons to protest. (shrink)

In this article, we present evidence that in four different cultural groups that speak quite different languages there are cases of justified true beliefs that are not judged to be cases of knowledge. We hypothesize that this intuitive judgment, which we call “the Gettier intuition,” may be a reflection of an underlying innate and universal core folk epistemology, and we highlight the philosophical significance of its universality.

Justice is a constant and perpetual will to give every man his due. The principles of law are these: to live virtuously, not to harm others, to give his due to everyone. Jurisprudence is the knowledge of divine and human things, the science of the just and the unjust. Law is the art of goodness and justice. By virtue of this [lawyers] may be called priests, for we cherish justice and profess knowledge or goodness and equity, separating right from wrong (...) and legal from the illegal. (shrink)

This book defends a form of ethical intuitionism, according to which (i) there are objective moral truths; (ii) we know some of these truths through a kind of immediate, intellectual awareness, or "intuition"; and (iii) our knowledge of moral truths gives us reasons for action independent of our desires. The author rebuts all the major objections to this theory and shows that the alternative theories about the nature of ethics all face grave difficulties.