All that philosophical “theories” of truth do is to demonstrate what is entailed by assuming our common uses and common understandings of the concept of truth. But our common understanding of what truth is is only a part of how truth functions. If we only look at that, we are missing the rest of the picture, namely how truth functions as the foundation for all human communication. I propose that truth functions a lot like morality, in the sense that both (...) truth and morality are normative systems that regulate human behaviour. To best understand this we need to imagine why truth was needed in the first place, and what role it plays in human communication as a whole. Here the philosophical approach of defining the “State of Nature” comes into play, and we obtain an account starting with drawing the relevant distinction between humans and non-human animals, and then showing how a crisis could have arisen from the initial development of language and how collective acknowledgement of truth as a default notion could have solved it, in the same way that collective acknowledgement of a moral system solved the problem of cheats and free riders. To do this, I utilize the idea of common pool resource management, as outlined in the work of the Institutional Economist Elinor Ostrom. (shrink)

The article discusses retributive justice and punitive restraint in response to the worst types of crime. I take the Breivik Case as a starting point. Anders Behring Breivik was sentenced to 21 years of preventive detention for killing 69 people, mainly youths, at Utøya and 8 people in Oslo on July 22nd, 2011. Retributivist theories as well as commonly held retributive intuitions suggest that much harsher punishment is required for such crimes. According to some retributivist theories, most notably on (...) the influential theories of Kant and Hegel, the death penalty is warranted for murderers like Breivik. This suggests that the rationale for punitive restraint in a case like the Breivik Case can only be found in forward- looking, consequentialist theories of punishment, or by adding to retributivist theories a side-constraint in the form of a principle of parsimony. However, I argue that if we look closer at the function of punishment in the retributivist theories of Kant and Hegel, they too imply a rationale for punitive restraint, even for such horrific crimes as here discussed. Against Kant and Hegel’s own views on the death penalty, I argue that their broader “freedom theories” of retributive justice do not imply the justice of the death penalty or life imprisonment. In the last part of the article, I explore differences in the concepts of freedom entailed by Kant and Hegel’s theories, and I relate these to some of the background factors relevant to the Breivik Case. (shrink)

In A Theory of Justice, Rawls attempts to ground intergenerational justice by "virtual representation" through a thickening of the veil of ignorance. Contractors don't know to what generation they belong. This approach is flawed and will not result in the just savings principle Rawls hopes to justify. The project of grounding intergenerational duties on a social contractarian foundation is misconceived. Non-overlapping generations do not stand in relation to one another that is central to the contractarian approach.

This essay discusses the idea that trust is a pre-rational, other-oriented emotion and it is constitutive of friendship practices regardless of the type of friendship. In particular, what we call ‘social friendship’ refers to a distinctive set of loose but lasting and cohesive bonds both among citizens within society (horizontal dimension) and between them and the state (vertical dimension), triggering solidarity and altruism. The other-oriented emotion of trust underpinning these social bonds–social friendship–in turn, is necessary for social justice to (...) be supported, legitimized, and furthermore demanded by society. (shrink)

Energy politics lie at the heart of human activity. In a time of ecological and energy crises, it is fundamental to realise that our reality systems are always open to change and that, in order to respond to the challenges of a changing energy landscape, we must explore the full possibilities of technology in a radical way. This analysis aims to consider the ethical implications of energy and technology, presenting an urgent case for cosmotechnical pluralism, that is the diversification of (...) world-views, knowledges, technologies in the realm of global politics. To reconstruct the world and its politics around the existence of several ways of navigating and conceiving it, literally leads to a change in reality. The notion of cosmotechnics will present a way of conceiving of the cosmic, epistemic and technic order as interconnected: in this spirit, this exploration will travel through the prisms of cosmology, epistemology, morality, to subsequently enter into the room where energy policies are created. By employing this tripartite framework, policy directions will be suggested on the path towards energy justice in the hope of shining some light on what moral practices of policy-making in the field of energy politics could look like. (shrink)

This book defends an account of justice to nonhuman beings – i.e., to animals, plants etc. – also known as ecological or interspecies justice, and which lies in the intersection of environmental political theory and environmental ethics. More specifically, against the background of the current extinction crisis this book defends a global non-ranking biocentric theory of distributive ecological/interspecies justice to wild nonhuman beings, because the extinction crisis does not only need practical solutions, but also an account of (...) how it is the outcome of large-scale injustice. This book not only provides a novel theoretical framework that supports such a claim, but it also develops the theoretical tools to find just compromises between the entitlements of intraspecies and intra-human global distributive justice to ecological space for the purpose of working towards a vision of just conservation. -/- Content: 1. Introducing Ecological Justice 2. Political Non-Ranking Biocentrism 3. The Community of Justice 4. The Currency of Distributive Justice 5. The Principles of Distributive Justice 6. Ecological Justice and the Capabilities Approach 7. Biodiversity Loss: An Injustice? 8. Who Owns the Earth? 9. Visions of Just Conservation 10. Outlook for Implementation . (shrink)

This paper explores spatial justice in urban environments through immersive art and design, focusing on Amsterdam and Houston. It presents a case study from the Venice Biennale 2023, showcasing art's potential in fostering inclusive urban spaces. The study delves into the socio-political complexities of urban areas, highlighting often-ignored liminal spaces and their tensions and possibilities. Immersive art emerges as a transformative medium, capable of challenging and reshaping perceptions of space, and addressing systemic socio-economic disparities. Adopting a transdisciplinary approach, the (...) research combines insights from various fields to enrich discussions on spatial justice and inspire urban transformations. (shrink)

‘Justice’ is spoken of in two ways: the lawful and the fair. The law is a human construct that is devoted to the advantage of all, or to the advantage of the best, or to the advantage of those in power or to the advantage of those representing it – let it be the politician, the media, the TV presenter, the filmmaker. Thus, the law serves the production or the preservation of happiness within politics and business. The law commands (...) us to act according to the mean. A well-written law follows the mean well and a poorly written law does not. On the other hand, fairness is a principle sometimes materialised through the law and the given justice system. Fairness is the ultimate value pursued by both the common law and civil law traditions. However, its distribution through the law and the representation of this delivery varies. Does this mean that a different kind of justice is distributed? Through the teachings of Aristotle, this essay aims to deconstruct the notion of justice, by breaking down its two ingredients, the lawful and the fair, and by analysing the effect of their representation in modern European society. The relativity attached to the notion of justice is not a modern phenomenon, but a philosophical matter that can be analysed and indeed explained through the teachings of Aristotle and its contemporary students. The analysis will be developed in the context of convergent Europe, focusing on the role of the media and courts especially in relation to criminal justice. (shrink)

Climate change and decarbonization raise complex justice questions that researchers and policymakers must address. The distributions of greenhouse gas emissions rights and mitigation efforts have dominated justice discourses within scenario research, an integrative element of the IPCC. However, the space of justice considerations is much larger. At present, there is no consistent approach to comprehensively incorporate and examine justice considerations. Here we propose a conceptual framework grounded in philosophical theory for this purpose. We apply this framework (...) to climate mitigation scenarios literature as proof of concept, enabling a more holistic and multidimensional investigation of justice. We identify areas of future research, including new metrics of service provisioning essential for human well-being. [Can be freely read by clicking the ReadCube link below.]. (shrink)

Luck egalitarianism provides a reason to object to conditionality in health incentive programmes in some cases when conditionality undermines political values such as solidarity or inclusiveness. This is the case with incentive programmes that aim to restrict access to essential healthcare services. Such programmes undermine solidarity. Yet, most people's lives are objectively worse, in one respect, in non-solidary societies, because solidarity contributes both instrumentally and directly to individuals' well-being. Because solidarity is non-excludable, undermining it will deprive both the prudent and (...) the imprudent citizens of its goods. Thereby, undermining solidarity can make prudent citizens worse off than they would have otherwise been, out of no fault or choice of their own, but rather as a result of somebody else's imprudent choice. This goes against the spirit of luck egalitarianism. Therefore (luck egalitarian) justice can require us to save the imprudent and avoid conditionality in access to essential healthcare services. (shrink)

This paper explores the tensions between two disparate approaches to addressing hunger worldwide: Food security and food sovereignty. Food security generally focuses on ensuring that people have economic and physical access to safe and nutritious food, while food sovereignty movements prioritize the right of people and communities to determine their agricultural policies and food cultures. As food sovereignty movements grew out of critiques of food security initiatives, they are often framed as conflicting approaches within the wider literature. This paper explores (...) this tension, arguing that food security is based on a particular model of justice, distributive justice, which limits the sovereignty and autonomy of communities as food producers and consumers. In contrast, food sovereignty movements view food security as a necessary part of food sovereignty, but ultimately insufficient for creating food sustainable communities and limiting wider harms. Rather than viewing food security and food sovereignty as in conflict, we argue that food sovereignty’s justice framework both encompasses and entails justice claims that guide food security projects. (shrink)

Historically, laws and policies to criminalize drug use or possession were rooted in explicit racism, and they continue to wreak havoc on certain racialized communities. We are a group of bioethicists, drug experts, legal scholars, criminal justice researchers, sociologists, psychologists, and other allied professionals who have come together in support of a policy proposal that is evidence-based and ethically recommended. We call for the immediate decriminalization of all so-called recreational drugs and, ultimately, for their timely and appropriate legal regulation. (...) We also call for criminal convictions for nonviolent offenses pertaining to the use or possession of small quantities of such drugs to be expunged, and for those currently serving time for these offenses to be released. In effect, we call for an end to the “war on drugs.”. (shrink)

One of the main challenges faced by realists in political philosophy is that of offering an account of authority that is genuinely normative and yet does not consist of a moralistic application of general, abstract ethical principles to the practice of politics. Political moralists typically start by devising a conception of justice based on their pre-political moral commitments; authority would then be legitimate only if political power is exercised in accordance with justice. As an alternative to that dominant (...) approach I put forward the idea that upturning the relationship between justice and legitimacy affords a normative notion of authority that does not depend on a pre-political account of morality, and thus avoids some serious problems faced by mainstream theories of justice. I then argue that the appropriate purpose of justice is simply to specify the implementation of an independently grounded conception of legitimacy, which in turn rests on a context- and practice-sensitive understanding of the purpose of political power. (shrink)

Like American politics, the academic debate over justice is polarized, with almost all theories of justice falling within one of two traditions: egalitarianism and libertarianism. This book provides an alternative to the partisan standoff by focusing not on equality or liberty, but on the idea that we should give people the things that they deserve. Mulligan argues that a just society is a meritocracy, in which equal opportunity prevails and social goods are distributed strictly on the basis of (...) merit. That gives citizens their just deserts. In addition to its novel conceptual approach, meritocracy is distinctive from existing work in two ways. First, it is grounded in research on how people actually think about justice. Empirical research reveals that people don't think that social goods should be distributed equally. Nor do they dismiss the idea of social justice. Across ideological and cultural lines, people want rewards to reflect merit. Second, the book discusses hot-button political issues and makes concrete policy recommendations. These issues include anti-meritocratic bias against women and racial minorities and the United States’ widening economic inequality. Justice and the Meritocratic State offers a new theory of justice and provides solutions to our most vexing social and economic problems. It will be of keen interest to philosophers, economists, and political theorists. (shrink)

Decommodification is an important support for the development of our excellences and the pursuit of our freedom of conscience. In order to show this, the paper will be structured as follows. First, it will be argued that a decommodified social threshold of goods and services is a necessary part of a free-standing politically liberal conception of justice. The authors to be reviewed in this section are R.H. Tawney and John Rawls. The second section will discuss a compendium of possible (...) decommodified goods and services. Finally, an alternative of partial decommodification and a brief comment on basic income grants will be presented in the last sections. (shrink)

This paper examines the role of the consensual model in law and argues that if substantive justice is to be the goal of law, the use of individual choice as a legal criterion for distributive and retributive purposes must be curtailed and made subject to substantive considerations. Substantive justice arguably requires that human rights to life, well-being, and the commodities essential to life and well-being, be given priority whenever a societal decision is made. If substantive justice is (...) a collective societal responsibility, the individual cannot be justly rewarded or punished for his or her choices with respect to life, well-being and essential commodities insofar as these choices are justified or excused by standards of substantive justice. Societal conditions and institutional arrangements should be recognized as grounds for justification and excuse because they may impose limits and constraints on the choices available to an individual that are as unavoidable and compelling as those imposed by chance or by another human being. (shrink)

It is common in political theory and practice to challenge normatively ambitious proposals by saying that their fulfillment is not feasible. But there has been insufficient conceptual exploration of what feasibility is, and very little substantive inquiry into why and how it matters for thinking about social justice. This paper provides one of the first systematic treatments of these issues, and proposes a dynamic approach to the relation between justice and feasibility that illuminates the importance of political imagination (...) and dynamic duties to expand agents’ power to fulfill ambitious principles of justice. (shrink)

Plato's Republic divided subsequent study of justice in two, as a virtue of people and of institutions. Here, the start of a reunification is attempted. Justice is first understood personally as the mean between arrogance and servility, where just people properly respect themselves and others. Because justice requires that like cases be treated alike and self-respect is a special instance of respect generally, justice requires a single standard for self and others. In understanding justice in (...) terms of respect, structural analogies become apparent between "recognition" and "appraisal" respect, on one hand, and Rawls' two principles of justice on the other. The paper closes with a discussion of how mercy is related to justice and an explanation of why just people always look for reasons to mitigate blame and punishment but never to aggravate them. (shrink)

Justice in production is concerned with ensuring the benefits and burdens of work are distributed in a way that is reflective of persons' status as moral equals. While a variety of accounts of productive justice have been offered, insufficient attention has been paid to the distribution of work's benefits and burdens in the future. In this article, after granting for the sake of argument forecasts of widespread future technological unemployment, we consider the implications this has for egalitarian requirements (...) of productive justice. We argue that in relation to all the benefits affiliated with work, other than undertaking social contribution, the technological replacement of work is unproblematic as these benefits could in principle be attained elsewhere. But because social contribution uniquely corresponds to work (when work is understood as more than a paid job), the normative assessment of technological unemployment will turn on the value that theories of justice give to contributive activity. We then argue that despite technological replacement being plainly beneficial insofar as it relieves persons from the burdens of work, such as dangerous work or drudgery, because the nature of care work makes it less susceptible to technological replacement, egalitarian concern will require the burdens of care work to be shared equally between individuals. (shrink)

Although the fast-growing literature on restorative justice is extensive, and in some regards repetitive, there is still no consensus as to the nature and extent of applicability of the restorative notion. This article claims that the restorative movement is experiencing a tension between normative abolitionist and pragmatic visions of restorative justice. It proceeds to identify six conceptual fault-lines that characterize this tension. These do not only refer to various definitional positions, but also disagreements that negatively affect both the (...) theoretical and practical development of restorative justice. These tensions also encourage a power-interest battle between different stakeholders within the restorative movement including practitioners, theoreticians, researchers and policy makers. To approach these controversies, there needs to be an acknowledgment of the multidimensional nature of the conceptual problem of restorative justice and the impact it has on its application. The article attempts to get to grips with this problem, and provide a common ground for the future development of restorative justice. (shrink)

Using a time-lagged design, we tested the main effects of Islamic Work Ethic (IWE) and perceived organizational justice on turnover intentions, job satisfaction, and job involvement. We also investigated the moderating influence of IWE in justice–outcomes relationship. Analyses using data collected from 182 employees revealed that IWE was positively related to satisfaction and involvement and negatively related to turnover intentions. Distributive fairness was negatively related to turnover intentions, whereas procedural justice was positively related to satisfaction. In addition, (...) procedural justice was positively related to involvement and satisfaction for individuals high on IWE however it was negatively related to both outcomes for individuals low on IWE. For low IWE, procedural justice was positively related to turnover intentions, however it was negatively related to turnover intentions for high IWE. In contrast, distributive justice was negatively related to turnover intentions for low IWE and it was positively related to turnover intentions for high IWE. (shrink)

There is a loud and persistent drum beat of support for schools, for citizenship, for diversity and inclusion, and increasingly for labor market readiness with very little critical attention to the assumptions underlying these agendas, let alone to their many internal contradictions. Accordingly, in this book I examine the philosophical, motivational, and practical challenges of education theory, policy, and practice in the twenty-first century. As I proceed, I do not neglect the historical, comparative international context so essential to better understanding (...) where we are, as well as what is attainable in terms of educational justice. I argue that we must constructively critique some of our most cherished beliefs about education if we are to save the hope of real justice from the rhetoric of imagined justice. (shrink)

"Procedural Justice" offers a theory of procedural fairness for civil dispute resolution. The core idea behind the theory is the procedural legitimacy thesis: participation rights are essential for the legitimacy of adjudicatory procedures. The theory yields two principles of procedural justice: the accuracy principle and the participation principle. The two principles require a system of procedure to aim at accuracy and to afford reasonable rights of participation qualified by a practicability constraint. The Article begins in Part I, Introduction, (...) with two observations. First, the function of procedure is to particularize general substantive norms so that they can guide action. Second, the hard problem of procedural justice corresponds to the following question: How can we regard ourselves as obligated by legitimate authority to comply with a judgment that we believe (or even know) to be in error with respect to the substantive merits? The theory of procedural justice is developed in several stages, beginning with some preliminary questions and problems. The first question - what is procedure? - is the most difficult and requires an extensive answer: Part II, Substance and Procedure, defines the subject of the inquiry by offering a new theory of the distinction between substance and procedure that acknowledges the entanglement of the action-guiding roles of substantive and procedural rules while preserving the distinction between two ideal types of rules. The key to the development of this account of the nature of procedure is a thought experiment, in which we imagine a world with the maximum possible acoustic separation between substance and procedure. Part III, The Foundations of Procedural Justice, lays out the premises of general jurisprudence that ground the theory and answers a series of objections to the notion that the search for a theory of procedural justice is a worthwhile enterprise. Sections II and III set the stage for the more difficult work of constructing a theory of procedural legitimacy. Part IV, Views of Procedural Justice, investigates the theories of procedural fairness found explicitly or implicitly in case law and commentary. After a preliminary inquiry that distinguishes procedural justice from other forms of justice, Part IV focuses on three models or theories. The first, the accuracy model, assumes that the aim of civil dispute resolution is correct application of the law to the facts. The second, the balancing model, assumes that the aim of civil procedure is to strike a fair balance between the costs and benefits of adjudication. The third, the participation model, assumes that the very idea of a correct outcome must be understood as a function of process that guarantees fair and equal participation. Part IV demonstrates that none of these models provides the basis for a fully adequate theory of procedural justice. In Part V, The Value of Participation, the lessons learned from analysis and critique of the three models are then applied to the question whether a right of participation can be justified for reasons that are not reducible to either its effect on the accuracy or its effect on the cost of adjudication. The most important result of Part V is the Participatory Legitimacy Thesis: it is (usually) a condition for the fairness of a procedure that those who are to be finally bound shall have a reasonable opportunity to participate in the proceedings. The central normative thrust of Procedural Justice is developed in Part VI, Principles of Procedural Justice. The first principle, the Participation Principle, stipulates a minimum (and minimal) right of participation, in the form of notice and an opportunity to be heard, that must be satisfied (if feasible) in order for a procedure to be considered fair. The second principle, the Accuracy Principle, specifies the achievement of legally correct outcomes as the criterion for measuring procedural fairness, subject to four provisos, each of which sets out circumstances under which a departure from the goal of accuracy is justified by procedural fairness itself. In Part VII, The Problem of Aggregation, the Participation Principle and the Accuracy Principle are applied to the central problem of contemporary civil procedure - the aggregation of claims in mass litigation. Part VIII offers some concluding observations about the point and significance of Procedural Justice. (shrink)

This paper aims to explore the feasibility of a restorative justice service in the context of work‐related deaths, specifically in Victoria. Section 1 provides a brief summary of restorative justice and the kind of processes that are most likely to be used in the context of work‐related death. Section 2 discusses an issue for the use of restorative justice in this context that is similar to the problem of whether it is fair or reasonable to assign personal (...) criminal liability for corporate fault. Section 3 looks at what it is that restorative justice can offer a bereaved family. Section 4 presents a range of suggestions as to how restorative justice could be used in this context—informed by real cases wherever possible. Section 5 presents a brief proposal regarding what may be the most effective and efficient strategy or model, in terms of developing a pilot restorative justice service in this area. Section 6 offers some preliminary guidance for a further consultation that would involve all the key stakeholders. (shrink)

This article is part of a larger project that explores how to channel people’s passion for popular arts into legal social justice by reconceiving law as a kind of poetry and justice as dance, and exploring different possible relationships between said legal poetry and dancing justice. I begin by rehearsing my previous new conception of social justice as organismic empowerment, and my interpretive method of dancing-with. I then apply this method to the following four “ethico-political choreographies (...) of justice”: the choral dance of souls qua winged chariot-teams, a dancingly beautiful friendship with the community, a tightrope-dance of the cool, and humans dancingly reimagined as positioned actors in fluidly moving groups. I then synthesize these analyses into “dancing justice,” defined as the dynamic equilibrium sustained by a critical mass of a community’s members comporting themselves like social dancers. (shrink)

According to the sufficiency theory of justice in health, justice requires that people have equal access to adequate health. In this article, I lay out the structure of this view and I assess its distributive implications for setting priority (i) between health needs across persons and (ii) between health care spending and other societal goods. I argue, first, that according to the sufficiency theory, deficiency in health cannot be completely offset by providing other societal goods. And, second, that (...) it can prevent the medicalization of societies by stressing that improvements beyond the level of adequate health have relatively little weight, if any, from the standpoint of justice. (shrink)

This paper examines John Rawls' renowned theory of justice, which outlines two principles of justice and their respective significance. It explores how Rawls' notion of equality aligns with the philosophical concept of equity, emphasizing that his call for citizen equality inherently incorporates fairness. Additionally, the paper discusses the application of Rawls' "Difference Principle" to India's reservation policy. Rawls' principles, which aim to support the worst-off in society, are reflected in India's system of reservations for marginalized groups, including backward (...) classes and differently-abled individuals, to promote equitable opportunities. However, the paper cautions that excessive reservations could limit opportunities for more privileged groups. Ultimately, it is argued that Rawls' concept of social justice has contributed to the promotion of social justice in India. (shrink)

This is the first volume of Equality and Justice, a six-volume collection of the most important articles of the twentieth century on the topic of justice and equality. This volume addresses the following three (only loosely related) issues: (1) What is the concept of justice? (2) Is justice primarily a demand on individuals or on societies? (3) What are the relative merits of conceptions of justice based on equality, based on priority for those who have (...) less, and based on ensuring that everyone has a basic minimum, of the relevant goods? (shrink)

This article brings Gillian Brock and Alex Sager's recently published books into conversation with my book, Immigration and Democracy. It begins with a summary of the main normative arguments of my book to set the stage for critical engagement with Brock and Sager's books. While I agree with Brock's Justice for People on the Move that state power must be justified to both insiders and outsiders, I think she gives too little weight to the value of collective self-determination. I (...) distinguish between justice and collective self-determination and argue that each is an important component of legitimacy. Sager's Against Borders focuses on immigration enforcement and contends that violence is inherent in border controls. Every legal system is backed by the threat of the use of force; the question is whether the use of force by state agents is justified. In contrast to Sager, I argue that the proper response to the injustices of current immigration enforcement is reform, not abolition, of the immigration system. (shrink)

This entry addresses the question of whether justice is thick, thin, or neither. It discusses three main ways of understanding the difference between thick and thin – Williams’ 1985 distinction, the Continuum Approach, and Hare’s distinction. The question of how to classify justice turns out to be a problem for Williams’ 1985 distinction. If the Continuum Approach is correct, it’s far from clear why it would matter whether a given concept is classified as thick, thin, or neither. Hare’s (...) distinction, on the other hand, allows for a strong case to be made for the claim that “justice” is thick. And if “justice” is thick, in Hare’s sense, then there are at least two potential implications. The first is that justice might be a genuine value property, assuming it’s impossible for “just” to have a value-neutral counterpart. The second is that there might be intractable intercultural disagreements about what things are just. (shrink)

This essay defends a pragmatic approach to transitional justice by arguing that it provides a convincing view of the relationships between theory and practice and is true to the nature of democratic justice itself.

This chapter discusses how justice applies to public health. It begins by outlining three different metrics employed in discussions of justice: resources, capabilities, and welfare. It then discusses different accounts of justice in distribution, reviewing utilitarianism, egalitarianism, prioritarianism, and sufficientarianism, as well as desert-based theories, and applies these distributive approaches to public health examples. Next, it examines the interplay between distributive justice and individual rights, such as religious rights, property rights, and rights against discrimination, by discussing (...) examples such as mandatory treatment and screening. The chapter also examines the nexus between public health and debates concerning whose interests matter to justice (the “scope of justice”), including global justice, intergenerational justice, and environmental justice, as well as debates concerning whether justice applies to individual choices or only to institutional structures (the “site of justice”). The chapter closes with a discussion of strategies, including deliberative and aggregative democracy, for adjudicating disagreements about justice. (shrink)

In this article we develop an account of justice in the distribution of knowledge. We first argue that knowledge is a fundamental interest that grounds claims of justice due to its role in individuals’ deliberations about the common good, their personal good and the pursuit thereof. Second, we identify the epistemic basic structure of a society, namely, the institutions that determine individuals’ opportunities for acquiring knowledge and discuss what justice requires of them. Our main contention is that (...) a systematic lack of opportunity to acquire knowledge one needs as an individual and a citizen because of the way the epistemic basic structure of a society is organized is an injustice. Finally, we discuss how our account relates to John Rawls’s influential theory of justice. (shrink)

Many discussions of love and the family treat issues of justice as something alien. On this view, concerns about whether one's family is internally just are in tension with the modes of interaction that are characteristic of loving families. In this essay, we challenge this widespread view. We argue that once justice becomes a shared family concern, its pursuit is compatible with loving familial relations. We examine four arguments for the thesis that a concern with justice is (...) not at home within a loving family, and we explain why these arguments fail. We develop and defend an alternative conception of the justice-oriented loving family, arguing that justice can—and, for the sake of justice, should—be seen as a family value. (shrink)

The proposition that digital innovations can put people in charge of their health has been accompanied by prolific talk of empowerment. In this paper we consider ethical challenges and opportunities of trying to achieve justice and empowerment using digital health initiatives. The language of empowerment can misleadingly suggest that by using technology, people can control their health and take responsibility for health outcomes to a greater degree than is realistic or fair. Also, digital health empowerment often primarily reaches people (...) who already have high technological and health literacy, leaving others behind. We critically investigate whether the concept of health empowerment could be re-engineered to mean something different, namely the process of improving the health literacy and access of those who least possess it, in line with recent proposals for conceptual engineering in the service of justice. We settle on the weaker conclusion that underlying ethical values including justice should be used to interpret the existing concept of empowerment. To conclude, we take a high-level view of various strategies for achieving the ethical value associated with digital health empowerment. (shrink)

This book takes bold steps in forming much-needed philosophical foundations for restorative justice through deconstructing and reconstructing various models of thinking. It challenges current debates through the consideration and integration of various disciplines such as law, criminology, philosophy and human rights into restorative justice theory, resulting in the development of new and stimulating arguments. Topics covered include the close relationship and convergence of restorative justice and human rights, some of the challenges of engagement with human rights, the (...) need for the recognition of the teachings of restorative justice at both the theoretical and the applied level, the Aristotelian theory on restorative justice, the role of restorative justice in schools and in police practice and a discussion of the humanistic African philosophy of Ubuntu. With international contributions from various disciplines and through the use of value based research methods, the book deconstructs existing concepts and suggests a new conceptual model for restorative justice. This unique book will be of interest to academics, researchers, policy-makers and practitioners. (shrink)

Many political philosophers hold the Feasible Alternatives Principle (FAP): justice demands that we implement some reform of international institutions P only if P is feasible and P improves upon the status quo from the standpoint of justice. The FAP implies that any argument for a moral requirement to implement P must incorporate claims whose content pertains to the causal processes that explain the current state of affairs. Yet, philosophers routinely neglect the need to attend to actual causal processes. (...) This undermines their arguments concerning moral requirements to reform international institutions. The upshot is that philosophers’ arguments must engage in causal analysis to a greater extent than is typical. -/- [Supplement: Handout available at http://db.tt/fyuVW3Xv]. (shrink)

Extreme inequality of opportunity leads to a number of social tensions, inefficiencies and injustices. One issue of increasing concern is the effect inequality is having on people’s fair chances of attaining meaningful work, thus limiting opportunities to make a significant positive contribution to society and reducing the chances of living a flourishing life and developing their potential. On a global scale we can observe an increasingly uneven provision of meaningful work, raising a series of ethical concerns that need detailed examination. (...) The aim of this article is to explore the potential of a normative framework based upon the idea of contributive justice to defend a fairer provision of meaningful work. (shrink)

This case study analyzes precarious employment from the perspective of different theories of distributive justice. Its purpose is to serve as a learning tool for students in business ethics courses.

Some Romanian feminist scholars argue that welfare policies of post-communist states are deeply unjust to women and preclude them from reaching economic autonomy. The upshot of this argument is that liberal economic policy would advance feminist goals better than the welfare state. How should we read this dissonance between Western and some Eastern feminist scholarship concerning distributive justice? I identify the problem of dependency at the core of a possible debate about feminism and welfare. Worries about how decades of (...) communism have shaped citizenry feed feminists' suspicion of the welfare state and fears of paternalist policies. I criticize the arguments in favour of neoliberal policies and I suggest a crucial distinction between legitimate, universal forms of human dependency and dependencies that result from particular social arrangements. (shrink)

This paper discusses two distinct questions of distributive justice raised by climate change. Stated very roughly, one question concerns how much protection is owed to the potential victims of climate change (the Just Target Question), and the second concerns how the burdens (and benefits) involved in preventing dangerous climate change should be distributed (the Just Burden Question). In Section II, I focus on the first of these questions, the Just Target Question. The rest of the paper examines the second (...) question, the Just Burden Question. To answer this question, I argue, it is necessary to address two important methodological questions (one concerning the choice between what I term Integrationism and Isolationism and the other concerning the choice between what I term Holism and Atomism). Sections III-V, thus, set out and explore these two methodological issues. Having done so, the paper then turns from methodological issues to substantive analysis, and in Section VI it examines three principles of distributive justice that, it has been suggested, should determine how the burden of addressing dangerous climatic changes should be distributed (the Polluter Pays Principle, the Ability to Pay Principle and the Beneficiary Pays Principle). (shrink)

Distributive Justice Theories of distributive justice seek to specify what is meant by a just distribution of goods among members of society. All liberal theories (in the sense specified below) may be seen as expressions of laissez-faire with compensations for factors that they consider to be morally arbitrary. More specifically, such theories may be interpreted […].

Many suggest that we should look backward and measure the differences among various parties' past emissions of greenhouse gases to allocate moral responsibility to remedy climate change. Such backward-looking approaches face two key objections: that previous emitters were unaware of the consequences of their actions, and that the emitters who should be held responsible have disappeared. I assess several arguments that try to counter these objections: the argument from strict liability, arguments that the beneficiary of harmful or unjust emissions should (...) pay, and arguments from distributive justice. I argue that none of these successfully justify a backward-looking approach to the temporally remote portion of the climate burden. (shrink)

What is a duty of justice? And how is it different from a duty of beneficence? We need a clear account of the contrast. Unfortunately, there is no consensus in the philosophical literature as to how to characterize it. Different articulations of it have been provided, but it is hard to identify a common core that is invariant across them. In this paper, I propose an account of how to understand duties of justice, explain how it contrasts with (...) several proposals as to how to distinguish justice and beneficence, respond to some objections and suggest further elaborations of it. The conceptual exploration pursued in this paper has practical stakes. A central aim is to propose and defend a capacious concept of justice that makes a direct discussion of important demands of justice (domestic and global) possible. Duties of justice can be positive besides negative, they can be imperfect as well as perfect, they can range over personal besides institutional contexts, they can include multiple associative reasons such us non-domination, non-exploitation and reciprocity, and they can even go beyond existing national, political, and economic associative frameworks to embrace strictly universal humanist concerns. We should reject ideological abridgments of the concept of justice that render these possibilities, and the important human interests and claims they may foster, invisible. (shrink)

There is widespread agreement among both supporters and opponents that affirmative action either must not violate any principle of equal opportunity or procedural justice, or if it does, it may do so only given current extenuating circumstances. Many believe that affirmative action is morally problematic, only justified to the extent that it brings us closer to the time when we will no longer need it. In other words, those that support affirmative action believe it is acceptable in nonideal theory, (...) but not ideal theory. This paper argues that affirmative action is entirely compatible with equal opportunity and procedural justice and would be even in an ideal world. I defend a new analysis of Rawlsian procedural justice according to which it is permissible to interfere in the outcomes of procedures, and thus I show that affirmative action is not morally problematic in the way that many have supposed. (shrink)

This paper explores the feasibility of offering a restorative justice (RJ) approach in cases of domestic violence (DV). I argue that widely used RJ processes—such as ‘conferencing’—are unlikely to be sufficiently safe or effective in cases of DV, at least as these processes are standardly designed and practiced (Sections 1-6). I then support the view that if RJ is to be used in cases of DV, then new specialist processes will need to be co-designed with key stakeholders to ensure (...) they embody not only RJ principles, but also feminist theory and the concept of transformative justice (Section 7). (shrink)

We argue that least-developed countries (LDCs) should be treated as a distinct group from developing countries within theories of global justice generally, and theories of trade justice more specifically. While authors within the trade justice literature occasionally make passing reference to LDCs’ entitlement to special favourable treatment from other states, little is said about what form this treatment should take, and how such entitlements relate to the obligations and entitlements of both developed and developing countries. This oversight (...) is untenable in that it neglects the different character and urgency of LDCs’ needs with respect to the economic opportunities afforded to them in international markets. Moreover, by categorising trading states into binary categories of developed/developing or rich/poor, trade justice theorists have ended up obscuring and passing over unavoidable conflicts between least-developed and developing countries’ interests, the weighing of which should be central to any complete normative evaluation of the trade regime. We provide an example of such a conflict of interest and how it should be resolved by examining the structural barrier to LDC economic development presented by the current success of many developing countries in export manufacturing. We argue in favour of a trade policy intervention that would dismantle this structural barrier (by inducing export firms to move to LDCs), even though this means diverting valuable economic opportunities from developing countries. (shrink)

This case study analyzes the Fair Trade coffee label "Café Feminino" (as well as Fair Trade more generally) from the perspective of different theories of distributive justice. Its purpose is to serve as a learning tool for students in business ethics courses.