G. A. Cohen was one of the most gifted, influential, and progressive voices in contemporary political philosophy. At the time of his death in 2009, he had plans to bring together a number of his most significant papers. This is the first of three volumes to realize those plans. Drawing on three decades of work, it contains previously uncollected articles that have shaped many of the central debates in political philosophy, as well as papers published here for the first time. (...) In these pieces, Cohen asks what egalitarians have most reason to equalize, he considers the relationship between freedom and property, and he reflects upon ideal theory and political practice. Included here are classic essays such as "Equality of What?" and "Capitalism, Freedom, and the Proletariat," along with more recent contributions such as "Fairness and Legitimacy in Justice," "Freedom and Money," and the previously unpublished "How to Do Political Philosophy." On ample display throughout are the clarity, rigor, conviction, and wit for which Cohen was renowned. Together, these essays demonstrate how his work provides a powerful account of liberty and equality to the left of Ronald Dworkin, John Rawls, Amartya Sen, and Isaiah Berlin. (shrink)

In recent years some moral philosophers and political theorists, who have come to be called “luck egalitarians,” have urged that the essence of social justice is the moral imperative to improve the condition of people who suffer from simple bad luck. Prominent theorists who have attracted the luck egalitarian label include Ronald Dworkin, G. A. Cohen, and John Roemer.1 Larry Temkin should also be included in this group, as should Thomas Nagel at the time that he wrote Equality and Partiality.2 (...) However, each of these theorists asserts a different position. The common ground, if any, is obscure. The idea of luck that is invoked is not transparently clear. Anyway, the term “luck egalitarianism” was coined by a critic of the doctrine, and tendentiously defined to denote an extreme version of the view that looks implausible from the start.3 With some justice Ronald Dworkin, perhaps the chief architect of the luck egalitarian position, has denied that he is a luck egalitarian. (shrink)

This article explores the justification of states' territorial rights. It starts by introducing three questions that all current theories of territorial rights attempt to answer: how to justify the right to settle, the right to exclude, and the right to settle and exclude with reference to a particular territory. It proposes a ‘permissive’ theory of territorial rights, arguing that the citizens of each state are entitled to the particular territory they collectively occupy, if and only if they are also politically (...) committed to the establishment of a global political authority realizing just reciprocal relations. The article is developed by introducing some key features of the permissive theory and by explaining how such an account addresses the questions of settlement, exclusion and particularity in ways that significantly improve on existing rival accounts (most prominently: acquisition theories, legitimacy-based theories and nationalist theories). (shrink)

Political constructivism is associated with John Rawls more than any other contemporary philosopher. This chapter suggests that Rawls's political constructivism is better understood as a general method of justification which runs throughout his work as a whole, including his early work and A Theory of Justice. The chapter develops the general characterization of Rawls's political constructivism. Its main elements are taken in turn and developed with special attention to the two places where Rawls discusses the topic in depth – his (...) Dewey Lectures on Kantian Constructivism in Moral Theory and its substantially revised version called “Political Constructivism” (PL, Lecture III). The main elements include social role, sources, interpretive basis, representation and conclusion. Rawls endorsed a Kantian metaethical constructivism in part because it offered a way of more deeply characterizing how his previous political constructivism could be a live and distinct possibility. (shrink)

John Rawls's form of constructivism can easily be ramped up into a fullblown metaethics. In this chapter, the author explores an alternative interpretive framework, which basically inverts the roles that the construction of the original position and the reliance on reflective equilibrium play in Rawls's argument. The author sketches out the basic contours of Rawls's thinking if we treat constructivism as his method for theory construction and reflective equilibrium as his metaethics. Metaethics is clearly a part of moral philosophy outside (...) of moral theory. At every major turn in the articulation of Rawls's theory there is a new or more developed account of reflective equilibrium and in particular its justificatory role in the theory. Giving one's argument a form that allows it to more easily appeal to a particular audience, is the job of rhetoric. So it turns out that constructivism is not a metaethical position, but a rhetorical strategy. (shrink)

Outlining the major competing theories in the history of political and moral philosophy--from Locke and Hume through Hart, Rawls, and Nozick--John Simmons attempts to understand and solve the ancient problem of political obligation. Under what conditions and for what reasons, he asks, are we morally bound to obey the law and support the political institutions of our countries?

This article asks whether states have a right to close their borders because of their right to self-determination, as proposed recently by Christopher Wellman, Michael Walzer, and others. It asks the fundamental question whether self-determination can, in even its most unrestricted form, support the exclusion of immigrants. I argue that the answer is no. To show this, I construct three different ways in which one might use the idea of self-determination to justify immigration restrictions and show that each of these (...) arguments fails. My conclusion is that the nature and value of self-determination have to do with the conditions of genuine self-government, not membership of political society. Consequently, the demand for open borders is fully consistent with respect to self-determination. (shrink)

The Queen's College, Oxford, UK In his article `Facts and Principles', G.A. Cohen attempts to refute constructivist approaches to justification by showing that, contrary to what their proponents claim, fundamental normative principles are fact- in sensitive. We argue that Cohen's `fact-insensitivity thesis' does not provide a successful refutation of constructivism because it pertains to an area of meta-ethics which differs from the one tackled by constructivists. While Cohen's thesis concerns the logical structure of normative principles, constructivists ask how normative principles (...) should be justified . In particular, their claim that justified fundamental normative principles are fact-sensitive follows from a commitment to agnosticism about the existence of objective moral facts. We therefore conclude that, in order to refute constructivism, Cohen would have to address questions of justification, and take a stand on those long-standing meta-ethical debates about the ontological status of moral notions (for example, realism versus anti-realism) with respect to which he himself wants to remain agnostic. Key Words: John Rawls • normative justification • realism versus anti-realism • methodological versus substantive principles. (shrink)

The article offers an account of the constructivist methodology in ethics and political philosophy as 1) deriving from an agnostic moral ontology and 2) proposing intersubjective justifiability as the criterion of justification for normative principles. It then asks whether constructivism, conceived in this way, can respond to the challenge of “content skepticism about practical reason”, namely whether it can provide sufficiently precise normative guidance whilst remaining faithful to its methodological commitment. The paper critically examines to alternative way of meeting this (...) challenge, namely John Rawls's original position and O'Neill's Kantian constructivism, analyses what is problematic about both, and endorses a third, possibly intermediate model. Within such a model, the basic features of the original position are accepted, but in a flexible and heuristic manner, thereby accommodating some of O'Neill's concerns. (shrink)

Cosmopolitan critics attack the scope-limitation of justice of egalitarian liberal theorists to states. They treat justice as the production of a given set of outcomes for people regardless of location or relationship. However, in doing so they either ignore the relevant agent towards whom principles of justice are addressed or see the question of agency as a practical, derivative question, of a secondary character. This paper argues that a principle of justice without a clearly justified agent is not a genuine (...) principle at all. This is what writers like Rawls mean by the "subject" of justice (analogous to the grammatical subject of a sentence, i.e.,the agent). We should reflect on agents and why they would or would not justifiably carry certain burdens for others and what kind of benefits or goods they are able to secure. The answers to those questions explain why the idea of cosmopolitan global justice is incomplete, either requiring a global basic structural agency or not applying because no relevant agent is present that can create cooperative arrangements between individual persons across the globe. Other moral principles will still apply globally, but they will be distinct from those that apply to basic-structural agencies. This account is not a practice dependence account, as it bases the distinctness of moral and political principles on purely moral and value-based considerations. (shrink)

Philosophers commonly wonder what a constructivist theory as applied to practical reasons might look like. For the methods or procedures of reasoning familiar from moral constructivism do not clearly apply generally, to all practical reasons. The paper argues that procedural specification is not necessary, so long as our aims are not first‐order but explanatory. We can seek to explain how there could be facts of the matter about reasons for action without saying what reasons we have. Explanatory constructivism must assume (...) constructive “norms of practical reasoning” which yield particular truths without assuming them. But philosophers often mistakenly assume that only “formal” norms of reasoning could fulfill this role. The paper describes a further possibility: norms of reasoning can be “situation‐specific” and yet retain truth‐independent authority. Though we might doubt whether such norms can be independently defended, we should not doubt the possibility or coherence of constructivism about practical reasons. (shrink)

Some commentators have attributed constructivism to Kant at the first-order level; others cast him as a meta-ethical constructivist. Among meta-ethical constructivist interpretations I distinguish between ‘atheistic’ and ‘agnostic’ versions regarding the existence of an independent moral order. Even though these two versions are incompatible, each is linked with central Kantian doctrines, revealing a tension within Kant's own view. Moreover, among interpretations that cast Kant as rejecting substantive realism but embracing procedural realism, some (i.e., those that are ‘constructivist’) face charges of (...) indeterminacy or relativism, while others (practical reasoning views) face ‘daunting rationalism’ objections. I close with some objections to interpreting Kant as a meta-ethical constructivist. (shrink)

More and more people seem to think that constructivism - in political philosophy, in moral philosophy, and perhaps in practical reasoning most generally - is the way to go. And yet it is surprisingly hard to even characterize the view. In this paper, I go to some lengths trying to capture the essence of a constructivist position - mostly in the realm of practical reason - and to pinpoint its theoretical attractions. I then give some reason to suspect that there (...) cannot be a coherent constructivist view about practical reason as a whole, at least not if it is to be interestingly constructivist, in a sense I make reasonably precise. (shrink)