Liberal theories of justice have been rightly criticized for two things by care theorists. First, they have failed to deal with private care relations’ inherent (inter)dependency, asymmetry and particularity. Second, they have been shown unable properly to address the asymmetry and dependency constitutive of care workers’ and care-receivers’ systemic conditions. I apply Kant’s theory of right to show that current care theories unfortunately reproduce similar problems because they also argue on the assumption that good care requires only virtuous private (...) individuals. Giving up this assumption enables us to solve the problems regarding both private care relations and systemic injustice. (shrink)

This paper draws attention to a divergence in approach to the social between Ken Gergen’s radical form of social constructionism and the more moderate constructionist approaches exemplified by the thinking of Shaun Gallagher, Jan Slaby and Karen Barad. Specifically, I argue that the latter stop just short of radical constructionism’s ontological and ethical implications. The ethical question for Gergen is not whether and how we achieve just relations but whether and how we deal with the struggle between competing goods, how (...) we manage to think beyond justice understood as singular traditions of the good, so that we can focus on enriching our traditions with alternative intelligibilities, thereby expanding the inclusiveness of our relational structures. Viewing the wayward person or group through Gergen’s lens of multi-being rather than the morality of blameful justice encourages us to strive for an ethics of responsibility without succumbing to a moralism of culpability. (shrink)

In his recent bookThe Idea of Justice, Amartya Sen suggests that political philosophy should move beyond the dominant, Rawls-inspired, methodological paradigm – what Sen calls ‘transcendental institutionalism’ – towards a more practically oriented approach to justice: ‘realization-focused comparison’. In this article, I argue that Sen's call for a paradigm shift in thinking about justice is unwarranted. I show that his criticisms of the Rawlsian approach are either based on misunderstandings, or correct but of little consequence, and conclude (...) that the Rawlsian approach already delivers much of what Sen himself wants from a theory of justice. (shrink)

In On Global Justice, Mathias Risse claims that the earth’s original resources are collectively owned by all human beings in common, such that each individual has a moral right to use the original resources necessary for satisfying her basic needs. He also rejects the rival views that original resources are by nature owned by no one, owned by each human in equal shares, or owned and co-managed jointly by all humans. I argue that Risse’s arguments fail to establish a (...) form of ownership at all and, moreover, that his arguments against the three rival views he considers all fall short. His argument establishes, rather, a moral constraint on any conventional system of property ownership. (shrink)

In this article, I critique two conceptions from the history of academic philosophy regarding academic philosophers as shamans, deriving more community-responsible criteria for any future versions. The first conception, drawing on Mircea Eliade’s Shamanism (1951), is a transcultural figure abstracted from concrete Siberian practitioners. The second, drawing on Chicana theorist Gloria Anzaldúa’s Borderlands/La Frontera (1987), balances Eliade’s excessive abstraction with Indigenous American philosophy’s emphasis on embodied materiality, but also overemphasizes genetic inheritance to the detriment of environmental embeddedness. I therefore (...) conclude that any aspiring philosophical shaman must ground their bodily-material transformative linguistic practices in the practices and environments of their own concrete communities, including the nonverbal languages of bodily comportment, fashion, and dance, in pursuit of social justice for all, including sovereignty, ecological justice, and well-being for Indigenous peoples worldwide. (shrink)

Many authors writing about global justice seem to take national responsibility more or less for granted. Most of them, however, offer very little argument for their position. One of the few exceptions is David Miller. He offers two models of collective responsibility: the like-minded group model and the cooperative practice model. While some authors have criticized whether these two models are applicable to nations, as Miller intends, my criticism is more radical: I argue that these two models fail as (...) accounts of collective responsibility as such. This result should not surprise us (liberals): there simply is no such thing as collective responsibility (in a strict sense), there is only individual responsibility. Thus individuals are not automatically responsible for the actions of their groups, nations or states, not even if they do not actively dissociate themselves from those actions. (shrink)

According to the incentives argument, inequalities in material goods are justifiable if they are to the benefit of the worst off members of society. In this paper, I point out what is easily overlooked, namely that inequalities are justifiable only if they are to the overall benefit of the worst off, that is, in terms of both material and social goods. I then address the question how gains in material goods can be weighed against probable losses in social goods. The (...) ultimate criterion, so my idea, is how these gains and losses affect a person’s ability to reach her goals in life. Based on the idea that goals in life cannot be taken as given, I conclude that the absolute material gains are negligible compared to the losses of social goods and the disadvantage in the relative position caused by material inequalities. (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)

While the immediate aim of Walter Benjamin’s famous essay, “Critique of Violence,” is to provide a critique of legal violence, commentators typically interpret it as providing a further critique of state violence. However, this interpretation often receives no further argument, and it remains unclear whether Benjamin’s essay may prove analytically relevant for a critique of state violence today. This paper argues that the “Critique” proves thusly relevant, but only on condition that it is developed in (...) two directions. The first direction is conceptual, and consists in an explanation of the necessary relationship between states and violence. This explanation is found by appealing to a concept not cited in Benjamin’s text, but which, I argue, remains its implicit basis: sovereignty. According to this conceptual development, state violence is the necessary result of the state's attempt to maintain its sovereign law at the expense of emancipatory struggles to generate non-sovereign law. The second direction is genealogical, and consists in destabilizing the modern belief that justice is best served through the judicial channels of a sovereign state. Here I employ Michel Foucault’s genealogical research to demonstrate the historical contingency of state justice and, by extension, the possibility of a justice beyond the state. (shrink)

Peter Fitzpatrick’s writings prove once and for all that it is possible for a law professor to write in beautiful English. His work also proves once and for all that the dominating tradition of Anglo-American legal philosophy and of law teaching has been barking up the wrong tree: namely, that the philosopher and professional law teachers can understand justice as nested in empty forms, better known as rules, doctrines, principles, policies, and other standards. The more rigorous our analysis or (...) decomposition of the forms, we have believed, the more closely do we access the identity of laws. Justice has been assumed to be a matter of intellectually accessing such analysed forms. Fitzpatrick’s articles and books embody an implicit critique of the analytic view of law and of justice. My entry point into this critique is his preoccupation with Jacques Derrida’s theory of laws as universals and with Derrida’s theory of justice as an inaccessible immediacy or presence in context-specific or concrete experienced events. Each event is experienced in an official’s decision. Such a decision represents what Derrida, Fitzpatrick, and Hegel call ‘individuality’. -/- Derrida’s theory of law presents a conundrum. Derrida misses the possibility that law may exist by virtue of its content rather than its form. Derrida misses this possibility because, heavily influenced by Kant (in Derrida’s theory of law), Derrida associates law with universals. This is so because Kant (and Derrida) are preoccupied with the identity of what counts as a law (lois) rather than with a law’s legitimacy. A universal cannot exist unless it is legitimate, and it is legitimate, I claim, by virtue of its content. In his association of law with universals, Derrida presupposes that legal knowledge exists with reference to a territorial-like boundary. The forms are represented or signified by signs (signifiers) within a boundary of the ultimate form (the state, the nation, or humanity). This ultimate form as a universal, like the discrete rules or forms, lacks socially contingent content. A boundary separates knowable universals from the unknowable world on the exteriority of the boundary. The unknowable world is constituted by concrete events experienced in context-specific circumstances. In his legal theory Derrida hones in upon the decision as the experienced event. In a decision, one is present or immediate with the event. Derrida considers such immediacy as justice. The immediacy, however, can only be represented as a sign (sometimes called a signifier). The sign, in turn, represents an empty signified or form, according to Derrida. Because the immediacy remains a representation rather than a presentation of the experienced event, laws as universals cannot be just. The rupture between the inaccessible immediacy of a decision on the one hand and the represented empty forms on the other is critical to Derrida’s theory of law. -/- I claim that this rupture permeates Derrida’s writings about law because Derrida possesses a territorial-like sense of legal knowledge. I shall argue to this effect as follows. In the first section I shall explain the importance of Fitzpatrick’s exposure of the vacuity of the foundation of the system or structure of universals. In the second section I shall flesh out two elements of Derrida’s legal theory: law as form and the ipseity or concrete event that the form excludes from law. This takes me to the third section, where I shall elaborate how Derrida’s legal theory presupposes knowledge as territorial. I shall argue in the final section that this very sense of territorial knowledge prevents justice from accessing law and law from accessing justice. I conclude with the hint of a very different sense of law, one that draws from experiential knowledge in contradistinction to territorial knowledge. (shrink)

Cet article détaille et défend les arguments avancés dans l’ouvrageA Conceptual Investigation of Justiceen réponse aux critiques. Cette mise au point développe certaines des idées contenues dans le livre, mais elle présente également des perspectives inédites, étayant l’argumentaire de sa thèse principale.

With the publication of A Theory of Justice in 1971, John Rawls not only rejuvenated contemporary political philosophy but also defended a Kantian form of Enlightenment liberalism called “justice as fairness.” Enlightenment liberalism stresses the development and exercise of our capacity for autonomy, while Reformation liberalism emphasizes diversity and the toleration that encourages it. These two strands of liberalism are often mutually supporting, but they conflict in a surprising number of cases, whether over the accommodation of group difference, (...) the design of civic education, or the promotion of liberal values internationally. During the 1980’s, however, Rawls began to jettison key Kantian characteristics of his theory, a process culminating in the 1993 release of Political Liberalism and completing the transformation of justice as fairness into a Reformation liberalism. -/- Reconstructing Rawls argues that this transformation was a tragic mistake because it jeopardized the most important features of his theory, viz. the lexical priorities of right, liberty, and fair equality of opportunity as well as the difference principle. Controversially, this book contends that Rawls’s so-called “political turn,” motivated by a newfound interest in diversity and the accommodation of difference, has been unhealthy for autonomy-based liberalism and has pushed liberalism more broadly towards cultural relativism, be it in the guise of liberal multiculturalism or critiques of cosmopolitan distributive-justice theories. The book then demonstrates that the central elements of justice as fairness can only be defended within the context of a Kantian Enlightenment liberalism and that Rawls’s hope for a more pluralistic grounding for his theory, endorsed by a wide variety of belief systems present in modern democratic societies, is illusory. -/- Reconstructing Rawls is the first book to systematically compare Rawls’s and Kant’s theories and the first to offer an internal critique and reconstruction of justice as fairness, reconceiving it as a comprehensive, universalistic Kantian liberalism. By doing so, it gives us both the vision of a liberal world order—“a republicanism of all states, together and separately,” as Kant put it—and a mode of justification addressed to all men and women, not as members of particular nations, races, and faiths, but as human beings, as citizens of the world. In short, it reclaims Rawls for the Enlightenment. (shrink)

Norman Daniels’s theory of ‘accountability for reasonableness’ is an influential conception of fairness in healthcare resource allocation. Although it is widely thought that this theory provides a consistent extension of John Rawls’s general conception of justice, this paper shows that accountability for reasonableness has important points of contact with both utilitarianism and intuitionism, the main targets of Rawls’s argument. My aim is to demonstrate that its overlap with utilitarianism and intuitionism leaves accountability for reasonableness open to damaging critiques. The (...) important role that utilitarian-like cost-effectiveness calculations are allowed to play in resource allocation processes disregards the separateness of persons and is seriously unfair towards individuals whose interests are sacrificed for the sake of groups. Furthermore, the function played by intuitions in settling frequent value conflicts opens the door for sheer custom and vested interests to steer decision-making. (shrink)

Some theorists argue that rather than advocating a principle of educational equality as a component of a theory of justice in education, egalitarians should adopt a principle of educational adequacy. This paper looks at two recent attempts to show that adequacy, not equality, constitutes justice in education. It responds to the criticisms of equality by claiming that they are either unsuccessful or merely show that other values are also important, not that equality is not important. It also argues (...) that a principle of educational adequacy cannot be all there is to justice in education. (shrink)

In this chapter, I propose that conceptions of justice in bioethics must be feminist, meaning they must be able to capture how the domains of health, healthcare and medicine exacerbate the subordination of those perceived to be women and girls and how injustice impacts their health. After providing context in the first section, I identify three problems with conceptions of justice in the bioethics literature that interfere with their potential to be feminist. They tend to adopt the ahistoricism (...) and distributivism characteristic of theories of justice that have been dominant in political philosophy, and they often rely on gendered conceptions of health that result in troubling comparisons of men and women’s health. My argument is primarily “negative”: it is a critique of generalist conceptions of justice in bioethics. However, in the final section I present characteristics of what a feminist conception of justice needs to look like and indicate how feminist bioethicists are using such a conception in assessing issues of injustice in bioethics. I emphasize the centrality of actual structural injustices, relational egalitarianism, and the assessment of values in conceptions of health and the health sciences. (shrink)

Michael Sandel has been one of the most powerful critics of liberalism in the past decades. His work, especially in Liberalism and the Limits of Justice, exposes some of the fundamental flaws of Rawlsian liberalism and shows the need for a community-based framework in order for us to adequately understand and appreciate the concept of the individual and just society. Confucians can endorse many of Sandel’s critiques of liberalism. From a Confucian perspective, however, Sandel’s version of communitarianism is nevertheless (...) too thin for a robust communitarian society. Confucians maintain a thick notion of community and take it to be vital to human flourishing. In this essay, I first discuss a key point where Confucians converge with Sandel as an example of the common ground between the two philosophies before turn to one important difference between them. The key point of convergence is about the circumstances of justice; the difference is on harmony. Harmony lies in the very center of the Confucian notion of community, whereas it has been given no place in Sandel’s conception of community. This essay offers a Confucian critique as well as an endorsement of Sandel’s communitarian philosophy. It also extends a friendly invitation to Sandel for him to take harmony into his conception of community. (shrink)

The paper takes as its starting point John Rawls’s claim that the social bases of self-respect is perhaps the most important primary good the distribution of which is governed by his principles of justice. There has been some debate about this claim in the literature and this debate has included important clarifications regarding the concept(s) involved. However, I think this discussion hasn’t gone deep enough and this – relative – lack of depth has or at least might have important (...) implications for our theory of distributive justice. To show this, I begin with Rawls’s admittedly sketchy remarks about the significance of self-respect in his theory. After this I briefly describe the debate that followed: what emerges here is a distinction between two kinds of self-respect. While I think this distinction is in good order, I also think and subsequently argue, building on the work of Robin Dillon and Anna Bortolan, that it only scratches the surface of the complex phenomenon of self-respect. In particular, as these authors show, the self-respect complex is, in fact, a multi-layered phenomenon and the distinction as used misses its fundamental level: basal self-respect (Dillon) or self-esteem (Bortolan). In the finishing part of the paper I discuss these two proposals to show that Bortolan’s version is the better one. All this then has clear relevance for the adjoining debate in political philosophy: all those who want to give an important role to self-respect in their theory of justice have potentially focused on the wrong target so far. This, I conclude, might well give rise to a new feminist critique of liberal egalitarian justice. (shrink)

Is the family subject to principles of justice? In "A Theory of Justice", John Rawls includes the (monogamous) family along with the market and the government as among the, "basic institutions of society", to which principles of justice apply. Justice, he famously insists, is primary in politics as truth is in science: the only excuse for tolerating injustice is that no lesser injustice is possible. The point of the present paper is that Rawls doesn't actually mean (...) this. When it comes to the family, and in particular its impact on fair equal opportunity, (the first part of the Difference Principle, Rawls' second principle of justice), he abandons the priority of justice. I also argue that he is right to do so. -/- The central argument is simple. As Rawls admits, what family one is raised by profoundly affects one's life chances: a child raised by a family has far greater life chances on every dimension than one raised in a poorer family that may lack books, education, and time to give the child attention. But the prevailing family arrangements in the industrialized West, assigning children to be raised by their biological parents, is guaranteed to perpetuate this injustice. While Rawls says an unjust institution in the basic structure of society, in which he includes the family, must be, "reformed or abolished," he refrains from calling for the reform or abolition of the family. We must simply work around it to compensate for the injustices he admits it involves. And this despite the fact that alternative arrangements involving communal child-rearing (Plato) or assigning children to those best qualified to raise them (Rousseau) are common in the philosophical literature. Moreover, the practice of having children raised by their biological parents is a relatively recent one, at least in the West, where, before the late 18th century, fostering-out or apprenticeship arrangements were normal and expected for both rich and poor for centuries. -/- Much of the paper is devoted to fine-grained textual analysis of Rawls' attempts to avoid the devastating implications of this argument for his theory of justice -- much of which are stated only in the original edition of "A Theory of Justice" and simply deleted, without substitution by anything better, in the second edition. In the end, Rawls has no way out. He cannot keep the priority of justice, fair equality of opportunity, and the monogamous family in which children are raised by their biological parents. As he admits, these are mutually inconsistent. -/- In the final part of the paper, I argue that Rawls should give up on the priority of justice. While child-rearing by the biological parents is a historical anomaly, in the real modern world it would be politically unfeasible to institute Platonic, Rousseauean, or similar legislation that purportedly assigned children to those best able to raise them, regardless of biological relationship. Since Rawls is committed to principles of political stability and feasibility, as he should be, and since ought implies can, such proposals are off the table. I concur with Rawls that we must work around this injustice, even those there are more just arrangements available in principle. But the cost of this -- less high than Rawls suggests -- is abandoning the principle of the priority of justice. Justice is one of a number of considerations that we must or may balance in deciding on the best attainable social relations. It is not a trump. However, this comes a great cost for Rawls: he must also abandon the lexical ordering of principles of justice or, in general, right or good principles of social order, in favor of the messy intuitionist balancing that his theory is designed to avoid. -/- One feature of the paper that is worth independent attention is a discussion of Marx's rejection of justice in the Critique of the Gotha Program, which I explicate, and urge, without adopting it, that it has a great deal more force than is widely understood. (shrink)

Nietzsche’s psychological theory of the drives calls into question two common assumptions of ideology critique: 1) that ideology is fetishistic, substituting false satisfactions for true ones, and 2) that ideology is falsification; it conceals exploitation. In contrast, a Nietzschean approach begins from the truth of ideology: that capitalism produces an authentic contentment that makes the concealment of exploitation unnecessary. And it critiques ideology from the same standpoint: capitalism produces pleasures too efficiently, an overproduction of desire that is impossible to (...) sustain indefinitely. Nietzsche’s concept of the drives (Trieben) is grounded in his theory of the will to power. In contrast to Freud’s view that drives aim at satiation, pleasure through stimulus reduction, in Nietzsche’s view, they aim primarily at the “feeling of power” and the “happiness of high tension.” Nietzsche sees the desire for satiation as a symptom of weakness, a secondary, contingent aim that is incompatible with the fundamental drive to sustain and heighten the feeling of tension that accompanies strong desire. While the Freudian subject desires satisfaction, the Nietzschean subject is paradoxically frustrated by satisfaction, finding happiness in desire sustained by resistance and tension. If individuals desire desire as such, then exploitation and immiseration are not necessarily incompatible with their happiness. Consequently, we must reject the view that ideology is fetishistic: capitalism does not depend on an ersatz satisfaction in the commodity, a transferal of value from quality to quantity, use value to exchange value. Capitalism authentically satisfies desire precisely through its exploitative economic structure. The independence and unpredictability of the value of commodities and the immiseration of laborers produces discontents that enhance rather than frustrate desire. By continually introducing new, initially inaccessible commodities, then overcoming their inaccessibility through overproduction, capitalism sustains and intensifies desires. It promotes happiness not by satisfying wants but generating them, feeding the desire for desire, for the intensity of feeling that the brief pleasures of satiation would destroy. The commodity is not, then, a fetish, not a false satisfaction or aim, but a means, a prop that supports and sustains satisfaction as continued desire. Consequently, we must also reject the view that ideology is falsification: capitalism’s efficient production of happiness obviates the need to conceal its nature. Individuals tolerate capitalism not out of ignorance of exploitation but indifference to it; they prefer real happiness to a merely possible justice that might come at its expense. The critique of ideology must begin by acknowledging its truth. Rather than deny the real satisfactions of capitalism, it must demonstrate that they are unsustainable. (shrink)

Cohen’s hostility to Rawls’ justification of the Difference Principle by social facts spawned Cohen’s general thesis that ultimate principles of justice and morality are fact-insensitive, but explain how any fact-sensitive principle is grounded in facts. The problem with this thesis, however, is that when facts F ground principle P, reformulating this relation as the "fact-insensitive" conditional “If F, then P” is trivial and thus explanatorily impotent. Explanatory, hence justificatory, force derives either from subsumption under more general principles, or precisely (...) exhibiting value in light of relevant (actual or hypothetical) facts. In examples where no subsumption occurs, actual facts trivially become hypothetical facts in "fact-insensitive" conditionals, an empty formalism. Indeed, Rawls’ grounding of principles of justice in “conditions of life” can easily be reformulated as a conditional principle “sensitive” only to hypothetical such conditions, and thus formally fact-insensitive in Cohen's sense, for all Cohen’s ire against Rawls’s grounding.Moreover, any plausible “ultimate fact-insensitive principle” must be intricately qualified, which tacit ceteris paribus clauses mask. Each qualification implies prioritisation of one principle over another in conceivable circumstances, and wherever the now qualified principle is given scope, that too implies prioritisation over competing principles in typical circumstances. Any principle is thus sensitive to conceivable circumstances of application, as recognised by more sophisticated intuitionisms. Non-trivial ultimate principles – luck egalitarianism, act utilitarianism, etc. - require defense, which inevitably involves showing how they best interpret and respond to facts about human needs, goals, and capacities in predictable circumstances. Finally, the substantive debate between Rawls and Cohen about which facts are relevant to the DP is only obscured by the doctrine of fact-insensitivity. (shrink)

This interdisciplinary paper identifies principles of an affluent country (im)migration policy that avoids: (1) the positivist inclusion/exclusion mechanism of liberalism and communitarianism; and (2) the idealism of most cosmopolitan (im)migration theories. First, I: (a) critique the failure of liberalism and communitarianism to consider (im)migration under distributive justice; and (b) present cosmopolitan (im)migration approaches as a promising alternative. This paper’s central claim is that cosmopolitan (im)migration theory can determine normative shortcomings in (im)migration policy by coupling elements of Frankfurt School (...) methodology to case studies of (im)migration regimes. Lastly, I apply this analytical procedure to recent special changes in Spanish and UK immigration law. (shrink)

I here present an anarchist critique of the idea of ‘animalistic evil’ and its common use as a justification for the State’s existence and use of force. On this view, ‘evil’ is a privation of morality, justice, and civilised behaviour. It is then identified with the ‘animalistic’ since animals are often thought to be defined by the aforesaid privation. I first clarify the idea of animalistic evil within the history of philosophy and science. Aristotle (384–322 BCE), Thomas Hobbes (...) (1588–1679), and Thomas H. Huxley (1825–1895) prominently argue that all that prevents humanity from devolving into animalistic evil, a state of violent and individualistic struggle for bare survival, is the power of State government to forcibly control the animalistic drives within its citizens. I subsequently pose two questions. (1) Is it justified to associate animal life with evil when this is (a) understood as a privation of a morality, justice and society and (b) characterised as an individualistic struggle for survival? (2) If this is not justified, what is the political harm of doing so? Building on the work of the anarchist thinker Peter Kropotkin (1842–1921), I argue that any conception of animalistic evil is unjustifiable, that it is a false justification for the State’s existence and use of force, and that the State, upon making the empty threat of animalistic evil, both violently harms individuals and impedes the socially beneficial practice of mutual aid. (shrink)

Analytic just war theorists often attempt to construct ideal theories of military justice on the basis of intuitions about imaginary and sometimes outlandish examples, often taken from non-military contexts. This article argues for a sharp curtailment of this method and defends, instead, an empirically and historically informed approach to the ethical scrutiny of armed conflicts. After critically reviewing general philosophical reasons for being sceptical of the moral-theoretic value of imaginary hypotheticals, the article turns to some of the special problems (...) that this method raises for appraisals of warfare. It examines some of the hypothetical examples employed in the construction of Jeff McMahan’s revisionist just war theory, and finds that they sometimes stipulate incompre- hensible conditions, lead to argumentative impasses of diverging yet uncertain intuitions, and distract attention away from the real problems of war as we empirically know it. In contrast, empirical and historical studies of warfare rein- force the deep connections between facts and values, and compel theorists to face uncomfortable moral ambiguities. Perhaps most importantly, the analytic method of focusing on imaginary hypothetical examples can not only be distracting, but it can also be genuinely dangerous. Hence, the article pays special attention to the way in which a seemingly innocuous fiction like the famous Ticking Time Bomb scenario can come to frame a new paradigm of inhumanity in the treatment of prisoners of war. (shrink)

Frege’s claim that proper names have senses has come to seem untenable following Kripke’s argument that names are rigid designators. It is commonly thought that if names had senses, their referents would vary with circumstances of evaluation. The article defends Frege’s claim by arguing that names have word-reflexive senses. This analysis of names’ senses does not violate Kripke’s noncircularity condition, and it differs crucially from related views of Bach and Katz. That names have reflexive senses confirms Frege’s own solution to (...) his puzzle about the content of identity sentences, solves Kripke’s Pierre and Peter puzzles about belief ascription, and entails that bearerless names have meanings. Furthermore, names’ having reflexive senses explains why they designate rigidly. (shrink)

Morality is traditionally understood as comprised of two components: justice and mercy. The first component, justice, the universal component of the form, is frequently seen as foundational for any moral system – which poses a challenge of explaining the second component, mercy, the particular component of content. Kantian ethics provides an example of this approach. After formulating his universalist theory of ethics in the Groundwork of the metaphysics of morals and further developing it in the Critique of (...) practical reason, he attempts to use it in order to establish the morality of mercy in the Metaphysics of morals. Yet can universal morality of justice necessitate particular ethics of mercy? Using the example of competitive games, the relations between the ethics of justice and that of mercy are demonstrated, and it is shown that the former does not lead to the latter. Moreover, the universality of the rules of moral behavior can serve as a form for blatant brutality. Analyzing the characteristics of particular morality, we can conclude that physical humanity of the moral object, perceived as such by the subject, is a required condition for mercy. Removal of object's humanity is a necessary step toward an ethical system that allows cruelty – a system that can still be based on universal moral rules. Bhagavad Gītā, on the other hand, can be seen as an example of combining nīṣkāmakarma, the formal, universal ethics of desireless action, with a variety of particular motivations originating in the nature and social context of the moral agent. (shrink)

This up-to-date resource on restorative justice theory and practice is the literature’s most comprehensive and authoritative review of original research in new and contested areas. -/- Bringing together contributors from across a range of jurisdictions, disciplines and legal traditions, this edited collection provides a concise, but critical review of existing theory and practice in restorative justice. Authors identify key developments, theoretical arguments and new empirical evidence, evaluating their merits and demerits, before turning the reader’s attention to further concerns (...) informing and improving the future of restorative justice. Divided into four parts, the Handbook includes papers written by leading scholars on new theory, empirical evidence of implementation, critiques and the future of restorative justice. -/- This companion is essential reading for scholars of restorative justice, criminology, social theory, psychology, law, human rights and criminal justice, as well as researchers, policymakers, practitioners and campaigners from around the world. (shrink)

It is generally accepted that Mill’s classification of names as nonconnotative terms is incompatible with Frege’s thesis that names have senses. However, Milldescribed the senses of nonconnotative terms—without being aware that he was doing so. These are the senses for names that were sought in vain by Frege. When Mill’s and Frege’s doctrines are understood as complementary, they constitute a fully satisfactory theory of names.

This dissertation asks the question of how ownership over property in museums is decided. It concludes that for a range of candidate concepts of property, none of them oblige museums to repatriate artefacts unless we weaken Young’s theory to repatriate through how much artefacts are valued by a culture. However, this dissertation rejects the Ownership Argument as a defence for repatriation. To do this, it will be considering three options of how we understand ‘property’ through three scholars: Locke, Young and (...) Thompson. This dissertation will discuss the difference between cultural internationalism and cultural nationalism to flip the question, and attempt to defend a view that museums should retain the artefacts under their possession. To do this dissertation justice, this work has been interdisciplinary, exploring museums, law, applied philosophy, applied ethics, epistemic and metaphysical concepts, to discuss the ways in which repatriation is defended through property. It must be noted that property theories are in vast abundance, however, to keep the project manageable, it does not include prominent philosophers such as Nozick, Hobbes, and Rosseau. Although, given that the three concepts this dissertation discusses do not work, it seems unlikely that a different version would due to similar objections. (shrink)

Principles of justice, David Estlund argues, cannot be falsified by people’s unwillingness to satisfy them. In his Utopophobia, Estlund rejects the view that justice must bend to human motivation to deliver practical implications for how institutions ought to function. In this paper, I argue that a substantive argument against such bending of justice principles must challenge the reasons for making these principles sensitive to motivational limitations. Estlund, however, provides no such challenge. His dispute with benders of (...) class='Hi'>justice is therefore a verbal one over the true meaning of justice, which need not worry those with the intuition that justice should perform a function that requires bending. By focusing on John Rawls’s reasons for bending his justice principles, I point towards a substantive critique of bent justice. (shrink)

The present work is to be a critique of Rawls’ Veil of Ignorance as well as putting forth an alternative analytical tool when constructing societies known as the L’echelle Naturelle. My paper hopes to argue that inequalities in a society are not only essential in society contrary to Rawls’ Egalitarian ideology, but do in fact contain equality so long as the autonomy of the citizen is fully exercisable. I contend that institutions such as government and their extensions namely the (...) law, have debilitated the exercisability of autonomy. The consequence of that is an artificial hierarchy monopolized by a minority rather than a natural hierarchy where every citizen is a means unto themselves. The phenomenon of a natural hierarchy that is made possible by unchained autonomy is what the L’echelle Naturelle hopes to expound upon in the forthcoming work. (shrink)

Unlike his theory of justice as fairness, John Rawls’s political liberalism has generally been spared from critiques regarding what is due to the disabled. This paper demonstrates that, due to the account of the basic ideas of society and persons provided by Rawls, political liberalism requires that the interests of numerous individuals with disabilities should be put aside when the most fundamental issues of justice are settled. The aim is to accommodate within public reason the due concern for (...) the disabled while upholding political liberalism. To achieve this aim, a revision of the basic ideas of persons and society is proposed. The idea of persons should be regarded as more fundamental than that of social cooperation, and persons should be defined in terms of minimal moral powers. (shrink)

Recent feminist critiques of development have questioned some fundamental assumptions of feminist political theory; such critiques have also been successful in subverting long-held assumptions of conventional economic development. Viewed in the context of women’s subordination in third world countries, a redefinition of development must not only be about economic growth, but ensure a redistribution of resources, challenge the gender-based division of labour and also seek to provide for an egalitarian basis in social arrangements. Further, as this article argues, any starting (...) point for feminist critiques of development must also seek to link the end of gender oppression to multiple theories of justice – a justice not juridical but one that recognises the cultural membership of women in the community. (shrink)

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)

Presby raises an important criticism of Oruka; she notes that in his critique of Tempels and Mbiti, he assumes, without providing adequate evidence, that myths and the traditions which transmit them are static and that, consequently, they lack the openness to criticism and transformation that characterizes genuine philosophical discourse. Presby responds that ‘those who study oral traditions or ritual practices will note that traditions are always changing, even when people think they are merely reproducing them’ (108). However, one can (...) defend Oruka by pointing out that there is a vast difference between an intellectual tradition whose adherents are aware of the fact that it is constantly changing based on a dialectic characterized by arguments, objections to arguments, and responses to objections on the one hand, and on the other hand, an intellectual tradition that is changing but whose adherents at any given moment are unaware of the fact that this intellectual tradition is subjected to change. In the latter case, individuals are likely to think of criticism as a futile activity and perhaps as unnecessary given the fact that this tradition has proved to be functionally adequate for that society’s requirements, and they would be unaware of the fact that this tradition has maintained its functional adequacy precisely because it has changed as a function of time. (shrink)

I start this paper by addressing Kant’s question why rightful interactions require both domestic public authorities (or states) and a global public authority? Of central importance are two issues: first, the identification of problems insoluble without public authorities, and second, why a domestic public monopoly on coercion can be rightfully established and maintained by coercive means while a global public monopoly on coercion cannot be established once and for all. In the second part of the paper, I address the nature (...) of the institutional structure of individual states and of the global authority. Crucial here, I argue, is Kant’s distinction between private and public right. Private right concerns rightful relations between individual legal subjects, where public right concerns their claims on their public institutions. I propose that the distinction between private and public right should be central to liberal critiques of current legal and political developments in the global sphere. (shrink)

This paper aims to reevaluate Aristotelian political theory from an egalitarian perspective and to pinpoint its legacy and relevance to contemporary political theory, demonstrating its importance for contemporary liberal democracies in a changing world, suggesting a new critique of liberal and neoliberal political theory and practice, and especially the improvement of our notion of the modern liberal-democratic state, since most contemporary representative liberal democracies fail to take into account the public interest of the many and do very little in (...) order to advance it. The paper will focus on key aspects of Aristotle’s thought, such as his notions of justice (δικαιοσύνη/dikaiosunē and ἁπλῶς δίκαιον/aplōs dikaion), concord (ὁμόμοια/homonoia), friendship (φιλία/philia) and the art of ruling (τέχνη τοῦ ἄρχειν/technē tou archein), arguing that Aristotle’s theory requires us to have concern for our fellow citizens; ‘concern for others’ as opposed to the mere ‘respect for others’ that contemporary neo-Kantian liberalism advocates . Hence, I will examine these aspects of Aristotle’s philosophy that have not so far been adequately discussed, in relation to his conception of the ‘common or public interest’ (τὸ κοινῇ συμφέρον/to koinē sympheron) which is essential in order to understand the Aristotelian vision for ‘the art of politics’ (τέχνη τοῦ ἄρχειν) which should always aim towards the interest of the many, i.e., the people (πλῆθος/plēthos). (shrink)

The question I want to answer is if and how the recognition approach, taken from the works of Axel Honneth, could be an adequate framework for addressing the problems of global justice and poverty. My thesis is that such a globalization of the recognition approach rests on the dialectic of relative and absolute elements of recognition. (1) First, I will discuss the relativism of the recognition approach, that it understands recognition as being relative to a certain society or a (...) set of institutions. The same is true for various forms of disrespect such as denigration or exclusion. The recognition approach is a form of internal reconstructive critique, which does not want to refer to absolute or ahistorical standards. (2) Second, I show that this relative understanding of recognition and disrespect rests on an absolute core of recognition, which transcends any given society. In short, this core is the possibility of undistorted self-realization, which is the main and universal element of a good life. Such an absolute core is necessary for distinguishing between justified and unjustified claims of relative recognition. It also serves as the normative benchmark for any society. (3) Finally, I will discuss the relation of these relative and absolute elements of recognition against the background of global justice. Claims of recognition can refer to this absolute core and demand that intersubjective conditions and social relations should change in order to make undistorted self-realization possible. This is the main point of reference for a recognition-based concept of global justice. (shrink)

Philosophical discussions of gentrification have tended to focus on residential displacement. However, the prevalence of residential displacement is fiercely contested, with many urban geographers regarding it as quite uncommon. This lends some urgency to the underexplored question of how one should evaluate other forms of gentrification. In this paper, I argue that one of the most important harms suffered by victims of displacement gentrification is loss of access to the goods conferred by membership in a thriving local community. Leveraging the (...) social scientific literature, I go on to argue that non-displacement gentrification also often damages local communities. One can hence extend existing philosophical critiques of displacement gentrification to argue that non-displacement gentrification likewise poses a threat to relational equality, and often violates certain basic occupancy rights. Focusing on the value that inheres in thriving local communities also suggests some new possibilities for critiquing gentrification. For instance, existing occupancy rights critiques focus on incumbent land users’ interests in stability. However, one can also argue in a Lockean mode that incumbent land users’ occupancy rights are at least partially grounded in their community having laboured together to create objects of value. An extension of Michael Walzer’s theory of justice to incorporate community goods as a separate ‘sphere’ might also have widespread appeal. Taken together, these arguments constitute a sustained and theoretically ecumenical case for the pro tanto moral objectionability of gentrification. (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)

On Jaeggi’s reading, the immanent and progressive features of ideology critique are rooted in the connection between its explanatory and its normative tasks. I argue that this claim can be cashed out in terms of the mechanisms involved in a functional explanation of ideology and that stability plays a crucial role in this connection. On this reading, beliefs can be said to be ideological if (a) they have the function of supporting existing social practices, (b) they are the output (...) of systematically distorted processes of belief formation, (c) the conditions in which distorting mechanisms trigger can be traced back to structural causal factors shaped by the social practice their outputs are designed to support. Functional problems thus turn out to be interlocked with normative problems because ideology fails to provide principles to regulate cooperation that would be accepted under conditions of non-domination, hence failing to anchor a stable cooperative scheme. By explaining ideology as parasitic on domination, ideology critique points to the conditions under which cooperation stabilizes as those of a practice whose principles are accepted without coercion. Thus, it seems to entail a conception of justice whose principles are articulated as part of a theory of social cooperation. (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 IS THE CO-WINNER OF THE FRED BERGER PRIZE IN PHILOSOPHY OF LAW FOR THE 1999 AMERICAN PHILOSOPHICAL ASSOCIATION FOR THE BEST PUBLISHED PAPER IN THE PREVIOUS TWO YEARS. -/- The conflict between liberal legal theory and critical legal studies (CLS) is often framed as a matter of whether there is a theory of justice that the law should embody which all rational people could or must accept. In a divided society, the CLS critique of this view (...) is overwhelming: there is no such justice that can command universal assent. But the liberal critique of CLS, that it degenerates into an unpalatable moral relativism on which there is no non-arbitrary basis between a justice that underwrites forms of domination such as slavery and a justice that condemns such forms of domination is equally powerful and compelling. I show that there is a way to harmonize both views that is subject to empirical test. -/- First I show that the most widely accepted and influential formulation of liberal justice, John Rawls' Justice as Fairness, in. e.g, A Theory of Justice, cannot avoid the relativistic challenge because it would not be accepted, as a matter of sociological fact, by real people in a divided society once the "veil of Ignorance" is removed and real people step out from the Original Position. To put it differently, different reflective equilibria are inevitable in a divided society. Given the weight that Rawls properly puts on the realizability of a conception of justice and its stability in practice, this is a fatal objection. There can be no divided society that is "well ordered" in Rawls' sense, governed by a shared conception of justice and known to be so governed. -/- I then turn to the most powerful statement of the CLS view, Milton's Fisk's relativistic account in The State and Justice. For Fisk, justice is a compromise between what the dominant groups can compel and what the the subordinate groups will acquiesce to., There is no one such compromise in any given situation, so the account is in that sense relativistic, but more deeply, it is relativistic in that it offers no non-arbitrary, non-question begging way to choose between the official justice of, e.g., a slaveholding society and and the radical justice of the slaves, which has no place for slaveholders as a group or slavery as an institution.All that Fisk can offer is an arbitrary existential choice: I'm with the slaves. (Or the slaveowners.) Most of us would find this disconcerting or even unacceptable. -/- I show that Fisk's general sort of account can be modified to allow for an non-arbitrary choice. Given general facts about human nature, societies based on domination will produce resistance that over the long run will diminish or eliminate various forms of domination. Through a sort of ratchet effect, rights won will be hard if not impossible to reverse. Societies embodying forms of domination can therefore be compared on dimensions of stability: the more domination, the more resistance, and the less stability. Such societies are inferior on the dimension of justice to more emancipatory society on the terms of both kinds of justice, official and radical. -/- This is not question begging because regimes of domination incorporate stability no less than more emancipatory social orders. The choice between official justice embodying domination and radical justice that does not is not arbitrary because it is based on a shared commitment to long term stability. This offers an empirical test of which social orders are more justice, and a prediction that over time, domination will tend to decrease. (shrink)

In the center of the fifth book of the Nicomachean Ethics, Aristotle elliptically characterizes political justice as a form of reciprocal rule that exists between free and equal persons pursuing a common life directed toward self-sufficiency under the rule of law. My dissertation analyzes Aristotle's thematic treatments of political justice in the Nicomachean Ethics and Politics in order to elucidate its meaning, clarify its relationship to the other forms of justice that he also discusses, and compare it (...) to contemporary neo-Aristotelian accounts of justice. ;The first chapter examines the unclear and disputed passages of Ethics V.6--7 and explains why Aristotle discusses political justice in his ethical treatise. The second chapter makes use of Aristotle's juxtaposition of political justice to household justice on the one hand and despotic justice on the other hand in order to explicate the necessary conditions of political justice, namely, freedom, equality, commonality, self-sufficiency, and the rule of law. To make sense of these concepts, the chapter explores such topics as Aristotle's understanding of the household, his notion of the self and his political criticisms of Socrates. The third chapter examines political justice or reciprocal rule in the Politics in order to understand how political justice can be both a human virtue and an institutional arrangement of offices. The fourth chapter offers a critique of Fred Miller's reconstruction of Aristotelian natural rights. Although Miller is correct to say that Aristotle recognized and understood "rights claims," he is mistaken in claiming that they are an integral part of Aristotle's practical philosophy. Aristotle understood the problems for political compromise posed by rights conceived as "trumps," and he rejects rights as philosophically fundamental on the grounds that they are an inadequate solution to both the political problem of justice and the stability of flourishing political institutions. (shrink)

The well-respected, South African Philosopher, Abdullah Beni, writes his critique of neoliberalism from a feminist perspective. Abdullah Beni, who’s academic focus is on Ethics, political philosophy and feminist theory, writes an article expressing his philosophical views on contemporary issues. This article challenges the prevailing notion of feminist freedom rooted in individual choice, influenced by neoliberal ideology. While choice is integral, it argues for a broader perspective acknowledging systemic inequalities shaping women's options. Highlighting the flawed promises of neoliberalism, it discusses (...) how economic disparities and workplace discrimination hinder genuine choice. It advocates for policies promoting economic justice, workplace equality, and reproductive rights as essential for feminist freedom. Ultimately, it calls for collective action to dismantle barriers and create a society where all women have the genuine power to shape their lives. (shrink)

In this essay, I challenge Charles Mills’s use of the category of moral personhood for advancing a robust anti-racist political critique in nonideal circumstances. I argue that the idea of the moral equality of persons is necessary but insufficient for reparative justice. I enrich the normative basis of political critique to include: (1) a clarification of what the public recognition of moral personhood can legitimately entail as a requirement of justice enforceable by the state, especially with (...) respect to economic reforms that advance equal opportunity and (2) a conception of non-alienated labor that assails identity-based occupational segregation in the labor market. These additional components do not exhaust the plausible bases for political critique, but enrich it in a way that the idea of moral equality alone cannot. (shrink)

The traditional role of justice is to arbitrate where the good will of people is not enough, if even present, to settle a dispute between the concerned parties. It is a procedural approach that assumes a fractured relationship between those involved. Recognition, at first glance, would not seem to mirror these aspects of justice. Yet recognition is very much a subject of justice these days. The aim of this paper is to question the applicability of justice (...) to the practice of recognition. The methodological orientation of this paper is a Kantian-style critique of the institution of justice, highlighting the limits of its reach and the dangers of overextension. The critique unfolds in the following three steps: 1) There is an immediate appeal to justice as a practice of recognition through its commitment to universality. This allure is shown to be deceptive in providing no prescription for the actual practice of this universality. 2) The interventionist character of justice is designed to address divided relationships. If recognition is only given expression through this channel, then we can only assume division as our starting ground. 3) The outcome of justice in respect to recognition is identification. This identification is left vulnerable to misrecognition itself, creating a cycle of injustice that demands recognition from anew. It seems to be well accepted that recognition is essential to justice, but less clear how to do justice to recognition. This paper is an effort in clarification. (shrink)

In this paper I briefly set out Susan Moller Okin’s liberal feminist position and then rehearse a number of criticisms of Okin which together suggest that dismantling the gender system and adopting the principle of androgyny would not be compatible with liberalism. This incompatibility appears to vindicate an extreme feminist critique of liberalism. I argue that nevertheless a liberal feminism is possible. The liberal feminist ought to adopt the principle of parity, that is, guaranteed equal representation of both sexes (...) in parliament, rather than the requirement of androgyny. Parity follows from a conception of procedural justice, for it provides a mechanism which guarantees that the interests of both sexes are fairly represented in the legislature. Parity may also go some way to alleviating the tensions which exist between feminism and multiculturalism. (shrink)

I argue for the importance of class-based analysis for analyzing the justice of migration policies. I contend that the abstract, liberal discourse of much writing on justice and immigration distorts our moral judgments. In contrast, I provide a class-based critique of the role of human capital in managed migration, drawing evidence from Canada’s Seasonal Agricultural Worker and Live-in Caregiver Programs. This reveals the domination and exploitation inherent in these migration policies and allows us to situate immigration in (...) a broader framework of global justice. (shrink)

In The Birthright Lottery, Ayelet Shachar subjects the institution of birthright citizenship to close scrutiny by applying to citizenship the historical and philosophical critique of hereditary ownership built up over four centuries of liberal and democratic theory, and proposing compelling alternatives drawn from the theory of private law to the usual modes of conveyance of membership. Nonetheless, there are some difficulties with this critique. First, the analogy between entailed property and birthright citizenship is not as illustrative as Shachar (...) intends it to be; second, the mechanism of the birthright privilege levy is insufficient for addressing structural impediments to growth; and third, the principle of ius nexi, while an important corrective to currently dominant principles of nationality, will likely have effects both unnecessary and insufficient to correct the injustices that Shachar identifies. In the end, the most significant improvements in the lives of the neediest persons on the planet are more likely advanced through conventional arguments for the lowering of barriers to the circulation of goods, labor, and capital. This shift in attention from opening borders to extending citizenship risks being a distraction from more effective means of addressing the injustices associated with global inequality.Dans son livre The Birthright Lottery, Ayelet Shachar soumet l’institution de la citoyenneté par droit de naissance à un examen rigoureux, en appliquant à la citoyenneté la critique philosophique et historique de la propriété héritée construite pendant quatre siècles de théorie démocratique libérale, et en proposant aux modes habituels d’attribution de la citoyenneté une alternative séduisante tirée de la théorie du droit privé. Néanmoins, cette critique comporte certaines difficultés. Premièrement, l’analogie entre la transmission de la propriété par l’institution de la taille et la citoyenneté par droit de naissance n’est pas aussi éclairante que le soutient Shachar ; deuxièmement, le mécanisme de la taxe sur le privilège du droit de naissance est insuffisant pour s’attaquer aux obstacles structurels à la croissance ; et troisièmement, le principe du jus nexi, bien qu’on puisse le considérer comme un important correctif du principe de nationalité actuellement dominant, aura vraisemblablement des effets à la fois non nécessaires et insuffisants pour corriger les injustices que Shachar identifie. En fin de compte, les améliorations les plus significatives dans la vie des personnes les plus démunies de la planète sont vraisemblablement mieux défendues à l’aide des arguments conventionnels en faveur d’une baisse des barrières à la circulation des biens, du travail et du capital. Ce déplacement de l’attention de l’ouverture des frontières à l’extension de la citoyenneté risque de nous distraire des moyens plus efficaces de nous attaquer aux injustices associées à l’inégalité globale. (shrink)

With Jan Degenaar and Kevin O’Regan’s (D&O) critique of (what they call) ‘autopoietic enactivism’ as point of departure, this article seeks to revisit, refine, and develop phenomenology’s significance for the enactive view. Arguing that D&O’s ‘sensorimotor theory’ fails to do justice to perceptual meaning, the article unfolds by (1) connecting this meaning to the notion of enaction as a meaningful co-definition of perceiver and perceived, (2) recounting phenomenological reasons for conceiving of the perceiving subject as a living body, (...) and (3) showing how the phenomenological perspective does a better job at fulfilling D&O’s requirement for grounding notions of mentality in ‘outer’ criteria than they do. The picture that thus emerges is one of perceptual meaning as an integration of lived, living, and behavioral aspects – a structure of behavior that cannot be captured by appeal to sensorimotor capacities alone but that is adequately illuminated by the enactive notion of adaptive autonomy. (shrink)