Résumé : Ce travail cherche à proposer une redéfinition conceptuelle de la justice ou du penser et de l’agir justes pour surmonter ce que nous concevons être l’illusion et la contradiction qu’implique notre rapport au monde naturel. Sur la base d’un fondement naturaliste et biologique, la définition générale proposée cherche tant à encapsuler qu’à dépasser des conceptions plus classiques pour reconcevoir le juste comme un rapport symbiotique découlant de notre constitution et de notre dépendance en tant qu’espèce. -/- Abstract: (...) This paper tries to propose a conceptual redefinition of justice or of just thought and action to surmount what we conceive to be the illusion and the contradiction implied in our relationship with the natural world. On the basis of a naturalist and biological foundation, the general definition proposed has for objective to encapsulate and to transcend more classical conceptions in order to re-conceive the just as a symbiotic relation resulting from our constitution and dependency as a species. (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)

This article examines the meaningful intervention that Gert-Jan Van der Heiden’s recent book, The Voice of Misery: A Continental Philosophy of Testimony, makes in the developing field of the philosophy of testimony. I argue that this intervention is accomplished through a phenomenological investigation into the nature of the testimonial object and of the demand that it makes upon one who bears witness. In taking such an approach, I argue, Van der Heiden initiates an ontological turn in the field of testimonial (...) theory, shifting the conversation away from a debate about the conditions in which belief in testimony is justified – a debate that has in many ways defined the field for philosophers in the Anglo-American tradition. I suggest that Van der Heiden’s account is helpful in demonstrating that, in many cases, doing justice to a testimonial object requires an epistemic-ethical attitude other than belief. The article concludes by developing a few questions for Van der Heiden based on my interpretation of his project, including to what extent his phenomenology of testimony can account for how often our receptivity to testimony depends on the default trust that we have in others by virtue of our fundamental immersion in social life. (shrink)

In his 2009 encyclical letter Caritas in Veritate, Pope Benedict XVI calls for a deeper, theological and metaphysical evaluation of the category of “relation” to achieve a proper understanding of the human being’s “transcendent dignity.” For some contemporary thinkers, this position might seem to be hopelessly paradoxical or even incoherent. After all, many contemporary thinkers are apt to believe that the human creature can have “transcendent dignity” only if the being and goodness of the human creature is not conditioned by (...) or dependent upon any relation or relatedness to anything else, including the natural environment. This chapter seeks to show that apparent paradoxes in Benedict XVI’s statement will begin to disappear if one resists the rather understandable temptation to interpret his thought by relying on presuppositions borrowed from contemporary ethical theories. More specifically, this chapter aims to show that Benedict XVI’s teachings— embedded as they are within a rich tradition of Catholic “natural law” thinking—are importantly distinguishable from contemporary utilitarian and deontological views. Furthermore, this chapter seeks to demonstrate that Benedict XVI’s “natural law” account offers an intellectually defensible alternative to contemporary modes of environmental thinking. (shrink)

This author’s reply addresses critiques by Daniel Engster, Kelly Gawel, and Andrea Westlund about my 2020 book, Freedom to Care: Liberalism, Dependency Care, and Culture. I begin with a statement of my commitment to liberalism. In section two, I defend the value of a distinction between conceptions of persons in the real world and in contract theory to track inequalities in care when indexed to legitimate needs. I argue, as well, that my variety of contract theory supplies the normative content (...) needed to reject the subordination of women of color. Acknowledging the enduring danger of expressive subordination, I emphasize my theory’s compatibility with the full social inclusion of people with disabilities. Section three then defends liberal dependency care’s compatibility with radical critique and transformative change by emphasizing the abstract nature of its core theoretical module. Finally, in section four, I reaffirm conceptual distinctions between autonomy skills, care skills, and a sense of justice by explicating their theoretical roles. In that section, I also embrace Westlund’s insight that theorists of justice need to have skills enabling responsiveness to other perspectives. To this new requirement for actual theorists of justice, I further add that we must attain capacities to engage critically with our society’s norms. Thus, the final section of this article supplements the justificatory module of liberal dependency care, building from the necessary conditions specified as two-level contract theory toward an account of necessary and sufficient conditions for this liberalism’s justificatory module. (shrink)

Epistemic injustice is injustice to a person qua knower. In one form of this phenomenon a speaker’s testimony is denied credence in a way that wrongs them. I argue that the received definition of this testimonial injustice relies too heavily on epistemic criteria that cannot explain why the moral concept of injustice should be invoked. I give an account of the nature of the wrong of epistemic injustice that has it depend not on the accuracy of judgments that are used (...) or made in the process of deciding whether to listen to or trust a speaker, but on whether the basis of the decision about a speaker is their reliability or their identity, and the account explains why the latter is a moral wrong. A key difference between the two accounts is how they classify the use of true statistical generalizations connecting identity and reliability. The received view implies that this cannot be an injustice, while the view proposed here implies that it can. As such the new view appears to imply a conflict between moral and epistemic obligations: it is morally wrong to use true statistical generalizations in certain contexts, yet they are part of our evidence, and we are epistemically obligated to take all of our evidence into account. I reconcile these two thoughts without adopting the currently popular view that a belief’s being morally wrong makes it epistemically unjustified, and I argue that following the principle of total evidence encourages epistemic justice rather than thwarting it. (shrink)

The purpose of this introduction is two-fold. First, it is to provide readers unfamiliar with the debates on practice-dependence with the insight necessary to fully comprehend the different contributions to this volume. Second, it is to make readers already well versed in practice-dependence more sensible to the substantive nature of this view and to provide them with a workable typology. After establishing a first distinction between metaphysical, relational and practice-dependent conceptions of justice, I draw a line, among practice-dependent views, between (...) institutionalism and cultural conventionalism. I complete the typology by differentiating between three forms of institutionalism according to how they regard the institutional fact, namely the fact that individuals are always already placed in a state of submission to existing institutions. Whereas de facto institutionalism describes this fact as a mere factual reality which imposes itself upon human beings, de jure institutionalism regards it as a practical necessity that stands in need of justification to each and every individual. Finally, moral institutionalism accounts for the institutional fact in terms of moral duty , namely the duty to contribute to the emergence of a state of affairs in which everyone’s freedom of choice is respected. (shrink)

Aquinas's account of law as an ordering of reason for the common good of a community depends on the mereology that covered his theory of parthood relations, including the relations of parts to parts and parts to wholes. Aquinas argued that 'all who are included in a community stand in relation to that community as parts to a whole', and 'every individual person is compared to the whole community as part to whole'. Aquinas held that the perfection of wholes through (...) the proper ordering of their parts does not entail the elimination of diversity, but in many cases requires diversity. Aquinas argued that there are two ways of ordering parts within a whole. Firstly, the parts are ordered with respect to one another, and secondly, the parts are ordered toward an end. The ordering of a whole's parts to one another is always for the sake of the ordering of the whole to its extrinsic end. Aquinas argued that the good toward which the law directs a community is called the 'common good' of that community. The common good or common end toward which members of a community are ordered can be the sort of end that the agents bring into existence through their own actions such as justice within a community, or the sort of end that can exist apart from the actions of the agents. (shrink)

The natural duty theory holds that "we have a natural duty to support the laws and institutions of a just state" (Jeremy Waldron). We owe this not because we ever promised to support these laws and institutions, nor because fair play requires we support the cooperative ventures from which we receive benefits. The claim is that we have a general duty to promote institutions that do something justice requires wherever these institutions may be, a duty that does not depend on (...) our having special ties to these institutions, special ties of the sort we have to the institutions of our own government. I argue that we do not need to appeal to the idea of a natural duty to justify compliance with many laws. For example, New Zealanders must not murder, rape, or steal while in France, not because they have a duty to obey laws of a just state, but because it is wrong to murder, rape, or steal. If the natural duty theory is taken to be a statement of the conditions necessary for an obligation to exist, it would wrongly conclude there is no duty to obey laws against murder or rape in a state whose institutions and laws are not just. A second class of laws reflect not moral judgments but, rather, local conventions, conventions that are morally arbitrary but which may be useful in coordinating action. For example, New Zealanders visiting France must drive on the right side of the road, as dictated by French convention. Here, too, the natural duty theory fails to provide a suitable account of the relation noncitizens have to such laws. Our reasons for driving on the right side of the road when this is accepted convention have nothing to do with the justice of the institutions of the state. To flout this convention is not to undermine justice since there is nothing just or unjust about driving on one side of the road or another. I question the advantages of the natural duty theory, especially in light of important ambiguities in the theory. (shrink)

Ethics and responsibility would be a vexing or awesome topic that the contemporary citizen more likely wishes to avoid giving his or her views or opinions. That is perhaps because the society transforms rapidly and turns to become more diverse from the past decades. These concepts, on the other, comes not in the ancient or middle era classics, but from the near modern context in 18th England and French land. In dealing with the nature and relationship between the two concepts, (...) another notion of morality also comes into a comparative context. Morality, if often interchangeably used with the ethics, could be seen in some differences that ethics is a dimension one step removed from action. So we used to preach our dependents or subjects to conform their conduct to the kind of moral demand, "Exert your best to the interest of nations or society," "Practice a love and humiliation with brothers, sisters and neighbors," "Never be drunken while driving," "Do not commit an adultery or do not steal other’s property," and the likes. Law, then, would be a minimal of morality which prescribes a prohibited conduct and corresponding criminal sanctions proportionally with the gravity of culpability or social harms. Those concepts might share a common element in a great extent, but could be made distinguished in some of subtleties. (shrink)

My dissertation develops a novel approach to institutional analysis and begins to apply this approach to debates in the international justice literature. The main innovation of this institutional failure analysis approach is to ground our normative evaluation of institutions on a detailed understanding of the causal processes that generate problematic social outcomes. Chapters 1 and 2 motivate the need for this new approach, showing that philosophers' neglect of causal explanations of global poverty leads extant normative analyses of poverty astray. The (...) upshot is that causal (as opposed to moral) analyses of social outcomes must play a more central role than is typical in philosophers' moral assessment of institutional arrangements. Chapter 3 introduces and outlines the failure analysis framework. -/- Chapters 5 and 6 employ the failure analysis approach to address recent debate concerning an example of severe deprivation caused by institutional failure— the economic stagnation and authoritarian governance associated with natural resource dependence. Chapter 5 articulates a causal explanation of this so-called "resource curse." I claim that the curse occurs when a resource dependent country's domestic institutional structure permits the political leaders to disregard citizens' interests. My argument enumerates the conditions under which state leaders choose to advance citizens' interests. In chapter 6, I show that extant prescriptions to address the resource curse fail to satisfy at least one necessary condition for mitigating the resource curse. In particular, I highlight the importance of providing citizens with credible exit options both as necessary to successfully mitigating the resource curse and as being among the best forms of compensation to curse victims. I then explore the feasibility of various options for helping curse victims avoid absorbing the consequences of their resource-cursed situation. I end by tentatively proposing a strategy for mitigating the resource curse that satisfies the necessary conditions for a successful prescription as identified by the explanation in chapter 5. (shrink)

Emmanuel Lévinas est le philosophe de la non-indifférence; il n’est en aucune sorte un philosophe indifférent. Son inquiétude personnelle et engagement politique ont trouvé une expression philosophique dans une quête à deux versants. Dans le versant ontologique, il cherche à montrer que même si l’homme est l’événement de compréhension de l’être, tout l’homme et toute signification ne se réduisent pas à la compréhension de l’être seul. Dans le versant politique, il s’interroge sur la possibilité de soumettre la tendance totalitaire de (...) toute politique à une recherche de justice qui ne dépend pas finalement de la politique même. Mais ces deux versants n’en font qu’un. La découverte d’une signification qui excède la compréhension de l’être – l’éthique – fournit en même temps la source de renouvellement de la justice. Ainsi, par cette double question, Lévinas nous présente les fils conducteurs de notre enquête: une signification au-delà de la compréhension de l’être et sa portée éthique, que nous appelons «langage» et que nous explorons dans la perspective de son importance politique. Les études analytiques dans lesquelles les notions de politique et de langage fonctionnent comme clef d’interprétation mutuelle débouchent sur une critique centrée sur deux problèmes: l’impossibilité d’interpréter la signifiance de l’autre et le danger inhérent à la conception d’une justice dépassant l’Etat. (shrink)

Unemployment has been at historically high rates for an extended period, and while it has recently improved in certain countries, the unemployment that remains may be becoming structural. Aside from inequality, unemployment is accordingly the problem that is most likely to put critical pressure on our political institutions, disrupt the social fabric of our way of life, and even threaten the continuation of liberalism itself. Despite the obvious importance of the problem of unemployment, however, there has been a curious lack (...) of attention paid to this issue by contemporary non-Marxist political philosophers. Non-Marxists typically view unemployment as a technical matter, and doing something about it a question of means not ends, with the solution to this question depending on the kind of empirical determinations about what causes what that are best left to economists, not political philosophers. But I think this is a mistake. Because work is a major part of our social life, as well as something that for a great many people grounds their sense of who they are and provides the basis of their sense of self-respect, those unable to find work are missing out on a great deal of what makes for a meaningful life, and not just the economic benefits that social cooperation has to offer. Those who are unemployed accordingly have something to complain about, even if we do not let them starve, and the rest of us (or at least the institutions that represent us) may have some sort of moral obligation to take action to increase the number of employment opportunities currently available regardless of any uncertainty surrounding the effects that any actions open to us might have. The nature and extent of this moral obligation is what On Unemployment is dedicated to exploring. (shrink)

Traditionally, most philosophers saw childhood as a state of deficiency and thought that its value was entirely dependent on how successfully it prepares individuals for adulthood. Yet, there are good reasons to think that childhood also has intrinsic value. Children possess certain intrinsically valuable abilities to a higher degree than adults. Moreover, going through a phase when one does not yet have a “self of one’s own,” and experimenting one’s way to a stable self, seems intrinsically valuable. I argue that (...) children can have good lives, on several understandings of well-being – as a pleasurable state, as the satisfaction of simple desires or as the realization of certain objective goods. In reply to the likely objection that only individuals capable of morality can have intrinsic value, I explain why it is plausible that children have sufficient moral agency to be as deserving of respect as adults. (shrink)

This paper asks when a natural disease kind is truly 'reactive' and when it is merely associated with a corresponding social kind. I begin with a permissive account of real kinds and their structure, distinguishing natural kinds, indifferent kinds and reactive kinds as varieties of real kind characterised by super-explanatory properties. I then situate disease kinds within this framework, arguing that many disease kinds prima facie are both natural and reactive. I proceed to distinguish ‘simple dependence’, ‘secondary dependence’ and ‘essential (...) dependence’ between a natural kind and its classification, and argue that a natural kind is only really reactive, in an important sense, under conditions of essential dependence. On this basis, I offer a principled hypothesis for why psychiatric kinds tend to be more metaphysically unstable than paradigm somatic disease kinds. (shrink)

This chapter (5) focuses on the concept of the forgiving God in Islamic religion and theology and claims that Islamic thinking about divine forgiveness accommodates two different views that emphasize two different attributes of God: justice and mercy. The first view is associated with a rationalist school of theology known as Mu'tazilism, while the second is associated with a fideistic school known as Ash'arism. The author argues that the first view, which is based on a strict calculus of desert, leaves (...) little or no room for mercy, and that the second view is more true to our ordinary notion of forgiveness. (shrink)

The present article traces the development of the concept of social justice through different philosophical traditions. The notion and philosophy of 'Justice' is the core of socio-legal and political streams and ethics. The idea of justice is applied not just to individual engagements but to broader aspects such as public policies and laws of the land. Justice is often used in the context of 'righteousness' and as a 'virtue'. Still, it is not easy to define and completely clarify the concept (...) of justice. We can analyse it by employing specific terms, which acquaint us with the best possible understanding of justice. A single definition would not suffice to fulfil our aim of the study. Therefore, in this essay, the author delineates how philosophers and thinkers have theorised 'Justice' throughout ancient, medieval and modern times. (shrink)

Principles of distributive justice bind macro-level institutional agents, like the state. But what does justice require in non-ideal circumstances, where institutional agents are unjust or do not e...

G.A. Cohen accuses Rawls of illicitly tailoring basic principles of justice to the ‘crooked wood’ of human nature. We are naturally self-interested, for example, so justice must entice us to conform to requirements that cannot be too demanding, whereas Cohen thinks we should distinguish more clearly between pure justice and its pragmatic implementation. My suggestion is that, strictly speaking, Rawls does not rely on facts of any kind to define his constructive procedure or to argue that his principles of justice (...) would be its result – facts only come in to determine whether actual people satisfy the moral conceptions he defines and to determine whether his principles of justice can be stable for the right reasons. A distinguishing feature of normative constructivism, I claim, is that it begins with stipulated models that can include normative and descriptive elements; we then proceed to engage in a priori reflection about what these models presuppose and how they relate to one another. Rawls appeals to commonsense morality to partially define a citizen as someone who is engaged in social cooperation with others and a society as a fair system of cooperation; he then draws from these organizing ideas to characterize the original position for choosing principles of social regulation for societies and citizens so defined. Whether or not there are any actual people or societies that match Rawls’ models is a different matter, and irrelevant to the internal structure of his theory, but if the models do apply to people and societies in the real world then Rawls has given a powerful argument that his principles of justice are the most reasonable for them. Rather than watering down principles of justice to suit human nature, Rawls argues for principles of justice on a priori grounds and hopes that we can live up to the moral self-conceptions that underlie them. (shrink)

In Book III, Part 2 of the Treatise, Hume presents a natural history of justice. Self-interest clearly plays a central role in his account; our ancestors invented justice conventions, he maintains, for the sake of reciprocal advantage. But this is not what makes his approach so novel and attractive. Hume recognizes that prudential considerations are not sufficient to explain how human beings – with our propensities towards temporal discounting and free-riding – could have established conventions for social exchange and collective (...) action in commercial societies. This leads him to develop an innovative account of the role that emotional aversions play in establishing trust between strategically rational agents. (shrink)

Suppose the present generation leaves future ones with a world depleted of all the natural resources required for many valuable human pursuits. Has the present generation acted unjustly? According to contemporary theories of liberal egalitarian intragenerational and intergenerational justice, the answer, it appears, is no. The explanation for this verdict lies in the liberal commitment to remaining neutral between different ways of life: many value-laden environ- mental sites and species are not an all-purpose means to any reasonable human end and (...) so their existence is not directly relevant in an assessment of whether justice obtains. Against this view, I argue that a commitment to neutrality and its underlying justification – the idea that individuals should be equipped to live lives of their own design – in fact supports the opposite conclusion. If justice requires that citizens can pursue whatever way of life they do or might value, then it will also demand the continued existence of the natural resources necessary for those pursuits. (shrink)

COVID-19 knows no boundaries, but political responses to it certainly do. Much has been made about how the pandemic has revealed the Hobbesian nature of political power, but this picture of politics occludes from vision the interdependent nature of our current international order. In particular, it overlooks the fact that much of the goods, services, capital, and people that societies rely on in order to function are sourced from outside the domestic state. And, conversely, it overlooks the extent to which (...) the policy responses taken in one state have considerable effects on the options available, and the outcomes suffered, in other jurisdictions. This paper seeks to correct this oversight, by highlighting two duties that states bear towards one another in the context of this crisis, by virtue of their participation in international trade relationships. Trade grounds duties of justice between trade partners by making them dependent upon one another in order to realize their respective duties of domestic justice. This dependence, in turn, grounds a duty of stability, and a duty of accountability. Having explained and argued for these two duties, the paper discusses the implications of taking these two duties seriously in the context of states’ policy responses to the COVID-19 crisis. (shrink)

This paper applies a very traditional position within Natural Law Theory to Cyberspace. I shall first justify a Natural Law approach to Cyberspace by exploring the difficulties raised by the Internet to traditional principles of jurisprudence and the difficulties this presents for a Positive Law Theory account of legislation of Cyberspace. This will focus on issues relating to geography. I shall then explicate the paradigm of Natural Law accounts, the Treatise on Law, by Thomas Aquinas. From this account will emerge (...) the structure of law and the metaphysics of justice. I shall explore those aspects of Cyberspace which cause geography to be problematic for Positive Law Theory and show how these are essential, unavoidable and beneficial. I will then apply Aquinas’s structure of law and metaphysics of justice to these characteristics. From this will emerge an alternative approach to cyberlaw which has no problem with the nature of Cyberspace as it is but treats it as a positive foundation for new legal developments. (shrink)

Aristotle is a political scientist and a student of biology. Political science, in his view, is concerned with the human good and thus it includes the study of ethics. He approaches many subjects from the perspective of both political science and biology: the virtues, the function of humans, and the political nature of humans. In light of the overlap between the two disciplines, I look at whether or not Aristotle’s views in biology influence or explain some of his theses in (...) political science. I show that we should not seek a unified answer to this question, for the relationship between the two disciplines varies depending on the topic. In some cases, e.g. the nature of the human function, the biological background is likely to be endorsed as one of the presuppositions of the ethical enquiry. In other cases, e.g. the study of social hierarchies, even though the ethical works and the biological works come to similar conclusions, it is hard to establish that the biological approach is intended to provide support to the ethico-political approach. In conclusion, I show that Aristotle’s political science and his biology are in conflict at least in two important cases: his account of justice towards non-human animals and his exhortation to contemplate. (shrink)

Many philosophers take mind-independence to be criterial for realism about kinds. This is problematic when it comes to psychological and social kinds, which are unavoidably mind-dependent. But reflection on the case of artificial or synthetic kinds shows that the criterion of mind-independence needs to be qualified in certain ways. However, I argue that none of the usual variants on the criterion of mind-dependence is capable of distinguishing real or natural kinds from non-real kinds. Although there is a way of modifying (...) the criterion of mind-independence in such a way as to rule in artificial kinds but rule out psychological and social kinds, this does not make the latter non-real. I conclude by proposing a different way of distinguishing real from non-real kinds, which does not involve mind-independence and does not necessarily exclude psychological and social kinds. (shrink)

The debate on equality and non-discrimination is certainly not a new one, but the way it is incorporated in that on social exclusion leads to several shifts within the discourse on social justice. The term social exclusion is multidimensional although its western use in a selective way about markets promoting equality separates it from the Indian emphasis on social justice as linked to ending discrimination of dalit groups. The concept of social exclusion is inherently problematic as it faces three major (...) challenges in India: the first relates to the historical discrimination of certain groups and their exclusion; the second is about the political economy of the excluded; and the third questions the way in which equality responses are restricted within the framework of social exclusion. (shrink)

When examining the human being as a conscious being, we are still to arrive at an understanding of, firstly, the conditions required whereby physical processes give rise to consciousness and secondly, how consciousness is something fundamental to life as an intrinsic part of nature. Humans are complex organisms with myriad interacting systems whereby the convergence of the activities toward the support and development of the whole organism requires a high level of organisation. Though what accounts for the dynamic unity of (...) the human being? From an empirical perspective the question remains unanswered. The aim of this paper is to conceptually establish a fundamental biophysical organising principle to account for the unity and organisation of the human being. To this end I draw from David Bohm’s interpretation of quantum theory to provide an adapted and adjunct conceptual scheme in the form of a Triple-Aspect-Theory (TAT) of Being as a grounding ontology. David Bohm presented a holistic view of two interwoven orders of existence defined as the Explicate material world and the Implicate (quantum) enfolded world from which the former materialises. Consistent with David Bohm’s idea that matter at a fundamental level consists of a kind of protointelligence, the TAT facilitates a perspective based on aspect conditions of the human organism intended to furnish an explanation of the constitutive mechanism (TAT) inherent in the evolving human being. The TAT operates as an organising principle by which evolution inherently proceeds and maintains itself in an interactive relation between the Implicate and Explicate orders. The accumulated effect of natural selection is to produce adaptations, but without an organising principle: ‘Consciousness’, ‘Body-of-Experience’ and ‘Intellect-Reflective’ (the terms for the engaged coexistent aspects of being) it is argued could not occur. (shrink)

Compelling research in international relations and international political economy on global warming suggests that one part of any meaningful effort to radically reverse current trends of increasing green house gas (GHG) emissions is shared policies among states that generate costs for such emissions in many if not most of the world’s regions. Effectively employing such policies involves gaining much more extensive global commitments and developing much stronger compliance mechanism than those currently found in the Kyoto Protocol. In other words, global (...) warming raises the prospect that we need a global form of political authority that could coordinate the actions of states in order to address this environmental threat. This in turn suggests that any serious effort to mitigate climate change will entail new limits on the sovereignty of states. In this book I focus on the normative question of whether or not we have clear moral reasons to bind ourselves together in such a supranational form of political association. I argue that one can employ familiar liberal arguments for the moral legitimacy of political order at the state level to show that we do have a duty to support such a global political project. Even if one adopts the premises employed by the most influential forms of liberal scepticism to the ideas of global political and distributive justice, such as those advanced by John Rawls and Thomas Nagel, it is clear that the threat of global warming has expanded the scope of justice. We now have a global and demanding duty of justice to create the political conditions that would allow us to collectively address our impact on the Earth’s atmosphere. (shrink)

Dans l'activité de renseignement, le problème ontologique est lié à la nature et aux caractéristiques des entités qui menacent et sont menacées. La menace est un objet ontologique très complexe et, par conséquent, une ontologie appropriée doit être construite conformément aux principes métaphysiques formels qui peuvent prendre en compte la complexité des objets, des attributs, des processus, des événements et des relations qui composent ces états de choses. DOI: 10.13140/RG.2.2.22693.73446.

L'étude des virus soulève des questions conceptuelles et philosophiques pressantes sur leur nature, leur classification et leur place dans le monde biologique. Un ensemble majeur de problèmes concerne l'individualité et l'identité diachronique d'un virus: qu'est-ce que le virus, la particule virale (virion) ou l'ensemble du cycle viral? L'identification correcte du virus a des conséquences ontologiques importantes, également liées au lieu et au moment où les entités biologiques commencent et se terminent. DOI: 10.13140/RG.2.2.32904.24327.

La relativité générale permet les singularités et nous devons comprendre l'ontologie si nous voulons comprendre la nature de l'espace et du temps dans l'univers d'aujourd'hui. Bien que certains physiciens pensent que les singularités indiquent un échec de la relativité générale, d'autres pensent que les singularités ouvrent un nouvel horizon dans la cosmologie, avec de réels phénomènes physiques pouvant contribuer à un progrès profond dans notre compréhension du monde. DOI: 10.13140/RG.2.2.24491.18728 .

This paper presents and argues for an account of objectual understanding that aims to do justice to the full range of cases of scientific understanding, including cases in which one does not have an explanation of the understood phenomenon. According to the proposed account, one understands a phenomenon just in case one grasps a sufficiently accurate and comprehensive model of the ways in which it or its features are situated within a network of dependence relations; one’s degree of understanding is (...) proportional to the comprehensiveness and accuracy of such a model. I compare this account with accounts of scientific understanding that explicate understanding in terms of having an explanation of the understood phenomenon. I discuss three distinct types of cases in which scientific understanding does not amount to possessing an explanation of any kind, and argue that the proposed model-based account can accommodate these cases while still retaining a strong link between understanding and explanation. (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)

For the last four decades, David Keyt has devoted substantial scholarly energy to the reconstruction of political and ethical arguments in Aristotle’s <i>Nicomachean Ethics</i> and <i>Politics</i>, and to a lesser degree the same in Plato’s <i>Republic</i>. Although Keyt’s translation of and commentary on <i>Politics</i> Books V and VI in the Aristotle Clarendon series (1999), to my mind, is his most substantial contribution to ancient philosophy scholarship, close competitors are his scholarly articles which seek to reconstruct the philosophical positions of Aristotle (...) (and to a lesser extent Plato) with pain-staking logical and philological care. <i>Nature and Justice</i> contains eleven such articles, eight previously published and three appearing for the first time. (Titles are listed at the end of the review.) Several of the articles are landmark works of Aristotle scholarship both for the scholarly controversies which they have sparked and for the methodological approach they exhibit. (shrink)

Is democracy a requirement of justice or an instrument for realizing it? The correct answer to this question, I argue, depends on the background circumstances against which democracy is defended. In the presence of thin reasonable disagreement about justice, we should value democracy only instrumentally (if at all); in the presence of thick reasonable disagreement about justice, we should value it also intrinsically, as a necessary demand of justice. Since the latter type of disagreement is pervasive in real-world politics, I (...) conclude that theories of justice designed for our world should be centrally concerned with democracy. (shrink)

This paper presents and defends Kant’s non-voluntarist conception of political obligations. I argue that civil society is not primarily a prudential requirement for justice; it is not merely a necessary evil or moral response to combat our corrupting nature or our tendency to act viciously, thoughtlessly or in a biased manner. Rather, civil society is constitutive of rightful relations because only in civil society can we interact in ways reconcilable with each person’s innate right to freedom. Civil society is the (...) means through which we can rightfully interact even on the ideal assumption that no one ever succumbs to immoral temptation. (shrink)

Quasi-realists aim to account for many of the trappings of metanormative realism within an expressivist framework. Chief among these is the realist way of responding to the Euthyphro dilemma: quasi-realists want to join realists in being able to say, "It’s not the case that kicking dogs is wrong because we disapprove of it. Rather, we disapprove of kicking dogs because it’s wrong." However, the standard quasi-realist way of explaining what we are up to when we assert the first of these (...) two sentences rests on a mistaken identification of metaphysical dependence (or grounding) with counterfactual covariation. This chapter proposes a better way for expressivists to understand such sentences, on which they serve to express complex states of mind in which an attitude bears a relation of psychological dependence (or basing) to another state of mind. It is argued that this proposal is a natural, versatile, and fruitful approach for expressivists to take that helps them secure the first half of the Euthyphro contrast—but at the cost of making it difficult to see how expressivists can make sense of that contrast’s second half. (shrink)

The doctrine of permanent sovereignty over natural resources is a hugely consequential one in the contemporary world, appearing to grant nation-states both jurisdiction-type rights and rights of ownership over the resources to be found in their territories. But the normative justification for that doctrine is far from clear. This article elucidates the best arguments that might be made for permanent sovereignty, including claims from national improvement of or attachment to resources, as well as functionalist claims linking resource rights to key (...) state functions. But it also shows that these defences are insufficient to justify permanent sovereignty and that in many cases they actually count against it as a practice. They turn out to be compatible, furthermore, with the dispersal of resource rights away from the nation-state which global justice appears to demand. (shrink)

I propose, defend and illustrate a principle of gender justice meant to capture the nature of a variety of injustices based on gender: A society is gender just only if the costs of a gender-neutral lifestyle are, all other things being equal, lower than, or at most equal to, the costs of gendered lifestyles. The principle is meant to account for the entire range of gender injustice: violence against women, economic and legal discrimination, domestic exploitation, the gendered division of labor (...) and gendered socialization. The sense of “costs” employed is similarly wide. Costs can be material , psychological and social . I defend the principle by appeal to the values at the core of liberal egalitarian justice: equality of access and the good of individual choice. I illustrate my case through a discussion of the injustice of a gendered division of labor. Some feminists doubt that liberal egalitarianism has the theoretical resources to recognize the unjust nature of the gendered division of labor. I argue that it does. If the principle advanced here is correct, then gender injustice is pervasive. At the same, it does not affect only women but also men. Liberal egalitarianism is capable of acknowledging this fact without denying that, overall, gender norms oppress women more than they oppress men: Arguably, women who wish to lead a gender-neutral lifestyle have to pay higher costs that men who wish to do the same. (shrink)

The paper discusses from a metaphysical standpoint the nature of the dependence relation underpinning the talk of mutual action between material and spatiotemporal structures in general relativity. It is shown that the standard analyses of dependence in terms of causation or grounding are ill-suited for the general relativistic context. Instead, a non-standard analytical framework in terms of structural equation modeling is exploited, which leads to the conclusion that the kind of dependence encoded in the Einstein field equations is a novel (...) one. (shrink)

When we encounter extremist rhetoric, we often find it dumbfounding, incredible, or straightforwardly unintelligible. For this reason, it can be tempting to dismiss or ignore it, at least where it is safe to do so. The problem discussed in this paper is that such dismissals may be, at least in certain circumstances, epistemically unjust. Specifically, it appears that recent work on the phenomenon of hermeneutical injustice compels us to accept two unpalatable conclusions: first, that this failure of intelligibility when we (...) encounter extremist rhetoric may be a manifestation of a hermeneutical injustice; and second, that remedying this injustice requires that we ought to become more engaged with and receptive of extremist worldviews. Whilst some theorists might interpret this as a reductio of this framework of epistemic in/justice, we push back against this conclusion. First, we argue that with a suitably amended conception of hermeneutical justice—one that is sensitive to the contextual nature of our hermeneutical responsibilities, and to the difference between understanding a worldview and accepting it—we can bite the bullet and accept that certain extremists are subject to hermeneutical injustice, but without committing ourselves to any unpalatable conclusions about how we ought to remedy these injustices. Second, we argue that bringing the framework of hermeneutical in/justice to bear upon the experience of certain extremists actually provides a new and useful perspective on one of the causes of extremism, and how it might be undermined. (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)

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)

Justice in production is concerned with ensuring the benefits and burdens of work are distributed in a way 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 paper, 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 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)

Faced with current urgent calls for more trust in experts, especially in high impact and politically sensitive domains, such as climate science and COVID-19, the complex and problematic nature of public trust in experts and the need for a more critical approach to the topic are easy to overlook. Scepticism – at least in its Humean mitigated form that encourages independent, questioning attitudes – can prove valuable to democratic governance, but stands in opposition to the cognitive dependency entailed by epistemic (...) trust. In this paper, we investigate the tension between the value of mitigated scepticism – understood as the exercise of reason-based doubt in a particular domain – and the need for trust in experts. We offer four arguments in favour of mitigated scepticism: the argument from loss of intellectual autonomy; the argument from democratic deficit; the argument from the normative failures of science; and the argument from past and current injustices. These arguments highlight the tension between the requirements for trust and justified scepticism about the role of experts. One solution, which we reject, is the idea that reliance, rather than trust, is sufficient for the purposes of accommodating experts in policy matters. The solution we endorse is to create a ‘climate of trust’, where questioning experts and expertise is welcomed, but the epistemic trust necessary for action upon information which the public cannot obtain first-hand is enabled and encouraged through structural, institutional, and justice-based measures. (shrink)

Marx thinks that capitalism is exploitative, and that is a major basis for his objections to it. But what's wrong with exploitation, as Marx sees it? (The paper is exegetical in character: my object is to understand what Marx believed,) The received view, held by Norman Geras, G.A. Cohen, and others, is that Marx thought that capitalism was unjust, because in the crudest sense, capitalists robbed labor of property that was rightfully the workers' because the workers and not the capitalists (...) produced it. This view depends on a Labor Theory of Property (LTP), that property rights are based ultimately on having produced something. (A view oddly enough shared with the libertarian right, though the LTP is better support for egalitarian or socialist views; see my From Libertarianism to Egalitarianism, 18 Social Theory & Prac. 259-288 (1992).) -/- I show that the idea that Marx's objection to exploitation is based on injustice or LTP-grounded theft is mistaken. Marx's real objection to exploitation is based on unfreedom, that capitalist relations of production, he thinks, unnecessarily limit human freedom. In the first place Marx is quite clear that he vehemently rejects the concepts of justice, fairness, or rights as bourgeois ideology. It is true that he uses the language of "theft" on occasion, but either a literal interpretation of that language must be abandoned, or his consistent, life-long objection to rights- and justice talk must be given up. Second, the structure, indeed the point, of his analysis of the laws of motion of capitalism, is that capitalists make profits through exploitation of labor -- without cheating -- by the normal "legitimate" operation of the system. Other arguments make the same point. -/- The unfreedom or force-based view, though not necessarily my specific arguments advocated so far is shared by a minority of other writers, such as Nancy Holmstrom and Richard Arneson. What my paper offers that is novel, part from arguments for the foregoing that are different and better than those found elsewhere (although Holmstrom and Arneson are excellent), is an account of in detail of what Marx regards as the real problem with exploitation. -/- I analyze Marx's objection that capitalist exploitation causes unnecessary unfreedom by distinguishing and spelling out three different kinds of freedom that he invokes: classic negative freedom, or noninterference; positive freedom, understood as control over or access to the resources enabling one to exercise one's negative freedom; and "real" freedom, as he puts it, the ability to "give the law to oneself," to regulate one's own activities under rules chosen by oneself, to develop one's capacities by autonomous choice. This puts Marx in the tradition going back through Hegel and Kant to Rousseau, the first express advocate of this idea. The opposite of real freedom, the unfreedom due to lack of autonomy, is alienation. -/- I conclude by stating that I think that justice-based objections to exploitation that avoid Marx's objections to the concept are possible. I do not attempt to spell these out here. I take up that task in my subsequently published paper Relativism, Reflective Equilibrium, and Justice, 17 Legal Stud.,128-168 (1997). -/- The present paper is related to and partly overlaps with my paper In Defense of Exploitation, 11 Econ. & Phil. 49-81 (1995), a critique of John Roemer's equality based account of the nature of exploitation and its wrongness. The research and writing of this paper was financially supported by the philosophy department of The Ohio State University. -/- Keywords: Exploitation, Justice, Unjustice, Theft, Labor Theory of Property, Marx, Freedom, Unfreedom, Rights, Fairness, Critique of Justice, Negative Freedom, Positive Freedom, Real Freedom, Alienation, G.A. Cohen, Norman Geras. (shrink)