A careful, theoretical clarification of gender roles has only recently begun in social and political philosophy. It is the aim of the following piece to reveal that an analysis of women’s traditional position - her distinctive activities, labor and surrounding sense of ‘mine’ - can not only make valuable contributions towards clarifying traditional property disputes, but may even provide elements for a new conception of ownership. By way of illustration, the article focusses on the influential work of John Rawls (...) and argues that - when Rawls’s own analysis and principles of justice are supplemented by an account of what is here called ‘reproductive labor’ - his theory in fact tends to a form of democratic socialism. Stated somewhat differently, my aim is to shift the terms of the property debate as posed by Rawls fromwithinhis own position. I hope to show that the real ownership question which now emerges is no longerwhether‘justice as fairness’ countenances a private property or socialist form of democracy, but what preciseformsuch a socialism should take. (shrink)

In the book “A Theory of Justice”, John Rawls examines the notion of a just society. More specifically, he develops a conception of justice—Justice as Fairness—derived from his novel interpretation of the social contract. Central to his account are two lexically-ordered principles of justice by which primary social institutions, or the basic structure of society, are ideally to be organized and regulated. Broadly speaking, the second of Rawls’ two principles pertains to “the distribution of income and wealth”, and its formulation (...) is to be understood as an expression of Rawls’ Difference Principle—roughly, the principle that “inequality in expectation is permissible only if lowering it would make the [worst-off] class even more worse off.”1 2 I want to suggest that Rawls’ Difference Principle (DP) entails the following worrisome outcome: Because DP maximizes the absolute level of expectation (and disregards the relative level), it authorizes potentially immense levels of inequality, such that this inequality itself can become a source of social discord and injustice. This paper will (§2) present Rawls’ formulation of DP, (§3) motivate the worrisome outcome entailed by DP, and (§4) offer a prima facie plausible solution in the form of an addendum to DP. (shrink)

This paper deals with the third and most disputed principle of John Rawls’s theory of justice: the so-called difference principle. My reasoning has three parts. I first present and examine the principle. My investigation is driven by three questions: what considerations lead Rawls to the acceptance of the principle; what the principle’s relation to effectiveness is; and what and how much the principle demands. A proper understanding of the principle permits me to spend the second half of the paper (...) with exploring the difficulties the principle encounters. I first discuss four well-known objections and argue that all of them, partly or entirely, hold against the principle. I then discuss the applicability of the principle with special attention to the relations among the three Rawlsian principles and the notion of the social minimum. Investigation of the first issue shows that the two other principles leave enough room for the difference principle, whereas in the second case I conclude that parties to the Rawlsian original position would prefer a social minimum principle to the difference principle. Finally, at the end of the paper, I briefly summarize my reasoning repeating its most important findings. (shrink)

Much of the recent discussion in progressive circles [e.g., Stiglitz; Galbraith; Piketty] has focused the obscene mal-distribution of wealth and income as if that was "the" problem in our economic system. And the proposed redistributive reforms have all stuck to that framing of the question. To put the question in historical perspective, one might note that there was a similar, if not more extreme, mal-distribution of wealth, income, and political power in the Antebellum system of slavery. Yet, it should be (...) obvious to modern eyes that redistributions in favor of the slaves, while leaving the institution of owning workers intact, would not address the root of the problem. The system of slavery was eventually abolished in favor of the system we have today which differs in two important respects: the workers are only rented, hired, or employed ; and the rental relationship between employer and employee is voluntary. Today, the root of the problem is the whole institution for the voluntary renting of human beings, the employment system itself, not the terms of the contract or the accumulated consequences in the form of the mal-distribution of income and wealth. (shrink)

Usually a relational approach, such as one appealing to care or love, is contrasted with an account of justice. In this chapter, however, I argue that distributive justice is well conceived as itself a matter of honouring people in virtue of their capacity to love and to be loved. After spelling out a familiar conception of love, I explain how treating people with respect in light of this capacity provides a plausible basis for human rights, one that rivals influential individualist (...) foundations such as Kantian respect for autonomy and Catholic honor of human life. I also articulate an egalitarian conception of how to allocate wealth that I argue is also a function of treating people's ability to love as special and that can compete against views salient in Anglo-American political philosophy such as cost-benefit analysis and John Rawls’ difference principle. (shrink)

Philosophers have distinguished at least three different interpretations of Rawls’s difference principle. This principle claims that social and economic inequalities are to be arranged so that they are to the greatest benefit of the least advantaged. My aim in this paper is to show that according to the most attractive and plausible interpretation of that principle, which I call the reciprocity view, Rawls’s difference principle allows us to limit economic growth in order to preserve nature and protect the (...) interests of future generations, while still meeting the demands of justice concerning the least advantaged members of society. (shrink)

This chapter explores properties that bind individuals, knowledge, and communities, together. Section ‎‎1 introduces Hardwig’s argument from trust in others’ testimonies as entailing that trust is the glue ‎that binds individuals into communities. Section 2 asks “what grounds trust?” by exploring assessment ‎of collaborators’ explanatory responsiveness, formal indicators such as affiliation and credibility, ‎appreciation of peers’ tacit knowledge, game-theoretical considerations, and the role moral character ‎of peers, social biases, and social values play in grounding trust. Section 3 deals with establishing (...) ‎reliability standards for formation and breaching of trust. Different epistemic considerations and their ‎underpinning of inductive risks are examined through various communication routes within a ‎discipline, between disciplines, and to the public. Section 4 examines whether a collective entity can ‎be trusted over and above trust that is given to its individual members. Section 5 deals with the roles ‎technological artifacts play in distributed research and collective knowledge. It presents the common ‎view in which genuine trust cannot, in principle, be accorded to artifacts, so as an opposite view. We ‎show that what counts as a genuine object of trust is relevant to debates about the boundaries of ‎collective agency and as a criterion for extended cognitive systems.‎. (shrink)

This paper provides an entrance into central discussions regarding Kant’s account of property. The first section shows how Kant engages and transforms important, related proposals from Hobbes and Locke as well as how the ‘libertarian’ and ‘liberal republican’ interpretive traditions differ in their readings on these points. Since Kantian theories for a long time didn’t focus on Kant’s Doctrine of Right but instead followed Rawls’s lead by developing Kantian theories grounded on Kant’s (meta-) ethical writings, the second section focuses on (...) property discussions found in the Rawlsian tradition. The final section shows how important contemporary work in the Kantian tradition goes beyond Rawlsian, libertarian, and liberal republican concerns of distributive justice among free and equal citizens, to include questions central to, for example, the philosophy of care, feminist philosophy, philosophy of race, philosophy of sex and love, and environmental philosophy. (shrink)

The purpose of my paper is to show the derivation of what is sometimes called the ‘new liberalism’ (or ‘progressive liberalism’) from the basic principles of classical liberalism, through a reading of John Locke’s treatment of the right to property in his Second Treatise of Government. Locke’s work sharply distinguishes between the natural right to property in the ‘state of nature’ and the societal right to property as established in a socio-economic political system. Whereas the former does not depend on (...) the consent of others, it is qualified by strict limits on the amount of property that may be rightly acquired. The societal right to property lifts these limits but is justified only under the principle of universal consent. This principle, I argue, implies the Rawlsian difference principle; i.e., that the regulation and distribution of property must be such as would elicit the freely proffered consent of society’s least advantaged members. (shrink)

John Rawls’s difference principle says that we should change our economy if doing so is better for the worst-off group, on the condition that certain basic rights are secured. This paper presents a kind of case that challenges the principle. If we modify the principle to cope with the challenge, we open the way to a Sorites paradox.

After Marx, dissenting economics almost always used 'the labour theory' as a theory of value. This paper develops a modern treatment of the alternative labour theory of property that is essentially the property theoretic application of the juridical principle of responsibility: impute legal responsibility in accordance with who was in fact responsible. To understand descriptively how assets and liabilities are appropriated in normal production, a 'fundamental myth' needs to be cleared away, and then the market mechanism of appropriation can be (...) understood. On the normative side, neoclassical theory represents marginal productivity theory as showing that (a metaphorical version of) the imputation principle is satisfied ('people get what they produce') in competitive enterprises. Since that shows the moral commitment of neoclassical economics to the imputation principle, the labour theory of property is presented here as the actual non-metaphorical application of the imputation principle to property appropriation. The property-theoretic analysis at the firm level shows how the neoclassical (and much heterodox) analysis in terms of 'distributive shares' wholly misframed the basic questions. Finally, the paper shows how the imputation principle (modernised labour theory of property) is systematically violated in the present wage labour system of renting persons. The paper can be seen as taking up the recent challenge posed by Donald Katzner for a dialogue between neoclassical and heterodox microeconomics. (shrink)

I take up the "What is equality?" controversy begun by Amartya Sen in 1979 by critically considering utility (J. S. Mill), primary goods (John Rawls), property rights (John Roemer) and basic capabilities in terms of what is to be distributed according to principles and theories of social justice. I then consider the four most general principles designed to answer issues raised by the Equality of Welfare principle, Equality of Opportunity for Welfare principle, Equality of Resources principle and Equality of Opportunity (...) for Resources principle. I consider each with respect to the more general normative principle that whatever theory of social or distributive justice we accept should be as ambition sensitive and endowment insensitive as feasible in real world circumstances. In this context I take up the problems of expensive tastes, expensive disabilities, lowered or manipulated preferences or ‘needs,’ and differential needs versus differential talents and abilities. I argue that the best solution is to adopt a modified version of Rawls’ theory which takes primary social goods as that which is to be distributed but which demands a Basic Rights principle that insures basic subsistent rights (as well as basic security rights) as the most fundamental principle of morality (and social justice), and then demands that Rawls’ Difference Principle be applied lexically to the ‘material’ goods of income, wealth, and leisure time, but done so that the social basis of self-respect is never undermined. (shrink)

This paper addresses ways of arguing fors ome form of economic democracy from within a broadly Rawlsian framework. Firstly, one can argue that a right to participate in economic decision-making should be added to the Rawlsian list of basic liberties, protected by the first principle of justice. Secondly,I argue that a society which institutes forms of economic democracy will be more likely to preserve a stable and just basic structure over time, by virtue of the effects of economic democratization on (...) the development of an active, democratic character among citizens. Thirdly, I argue that a proper understanding of the demands of the difference principle shows that justice demands more than ex post redistribution, but also requires the ex ante redistribution of power and authority in economic life. This connects to Rawls’s discussion of the badness of inequality, and to his endorsement of a “property-owning democracy”. -/- My conclusion is that, even if we may doubt the success of this first Rawlsian argument,the second and third arguments are both successful, and together establish a strong Rawlsian case forseeing economic democratization as a requirement of justice. (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)

John Rawls famously prioritized the protection of liberty rights over realizing an economy which is better for the worst off. But his arguments have been disputed. I present a somewhat alternative approach.

This article adapts John Rawls’s writings, arguing that past injustice can change what we ought to publicly affirm as the standard of justice today. My approach differs from forward-looking approaches based on alleviating prospective disadvantage and backward-looking historical entitlement approaches. In different contexts, Rawls’s own concern for the ‘social bases of self-respect’ and equal citizenship may require public endorsement of different principles or specifications of the standard of justice. Rawls’s difference principle focuses on the least advantaged socioeconomic group. I (...) argue that a historicized difference principle considers the relative standing of racial, gender, and other historically stigmatized groups; provides their members assurance by weakening incentives to manipulate justice to another group’s advantage; and may result in policies resembling reparations, though justified by forward-looking considerations of self-respect and public assurance. I then examine how disrespectful justifications were historically used to forcibly include indigenous peoples as citizens. While Rawls thinks providing citizens one package of basic liberties signals respect, indigenous self-government could better support self-respect. I invoke Rawlsian international justice, which calls for mutual respect between peoples. Indigenous peoples’ status should reflect their past and persisting peoplehood, providing assurance by weakening incentives to unjustly transform international into domestic contexts. (shrink)

Andy Curzon replied (often quoting from the opening sections of Lester 2014, chapter 10) in an ongoing debate with Lee Waaks, which Mr Waaks forwarded (with approval) to the Libertarian Alliance Forum (27 February 2015). This response replies to the criticisms after directly quoting them (the indented text; except where Lester is occasionally quoted, as indicated). A few cuts have been made to avoid some repetition and irrelevance. However, just as Mr Curzon sometimes repeats his main points in slightly different (...) ways and contexts in the hope that some of them might prove cogent, so this reply does the same. The dialogue-like result seems to engage more directly and completely than producing a new stand-alone exposition. And some new arguments are even developed in the process. But the full nature of many of the criticisms and replies often only becomes clear as the “dialogue” proceeds. An addendum then rebuts two further brief critical responses in the same manner. (shrink)

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)

Color relationalism holds that the colors are constituted by relations to subjects. The introspective rejoinder against this view claims that it is opposed to our phenomenally-informed, pre-theoretic intuitions. The rejoinder seems to be correct about how colors appear when looking at how participants respond to an item about the metaphysical nature of color but not when looking at an item about the ascription of colors. The present article expands the properties investigated to sound and taste and inspects the mentioned asymmetry, (...) with a particular focus on the principle of charity. Using a metaphysical item, we find that color and sound are no different from shape, our control for a clearly anti-relational property. Taste, on the other hand, is no different from likability, our control for a clearly relational property. Importantly, we find that the disparity between metaphysical and ascription items is due to participants using a principle of charity to interpret disagreement cases such that both parties can be correct. (shrink)

In recent years, feminist scholarship on emotional labor has proliferated. I identify a related but distinct form of care labor, hermeneutic labor. Hermeneutic labor is the burdensome activity of: understanding and coherently expressing one’s own feelings, desires, intentions, and movitations; discerning those of others; and inventing solutions for relational issues arising from interpersonal tensions. I argue that hermeneutic labor disproportionately falls on women’s shoulders in heteropatriachal societies, especially in intimate relationships between women and men. I (...) also suggest that some of the gendered burdens of emotional labor that feminist scholars point out would better be described as hermeneutic labor. Drawing on feminist philosophy as well as findings from social psychology and sociology, I argue that the exploitation of women’s hermeneutic labor is a pervasive element of what Sandra Bartky calls the ‘micropolitics’ of intimate relationships. The widespread expectation that women are relationship maintenance experts, as well as the prevalence of a gendered demand-withdraw pattern of communication, leads an exploitative situation to appear natural or even desirable, even as it leads to women’s dissatisfaction. This situation may be considered misogynistic in Kate Manne’s sense, where misogyny is a property of social environments rather than a worldview. (shrink)

This article compares James M. Buchanan's and John Rawls's theories of democratic governance. In particular it compares their positions on the characteristics of a legitimate social contract. Where Buchanan argues that additional police force can be used to quell political demonstrations, Rawls argues for a social contract that meets the difference principle.

Despite the vast literature on Rawls's work, few have discussed his arguments for the value of democracy. When his arguments have been discussed, they have received staunch criticism. Some critics have charged that Rawls's arguments are not deeply democratic. Others have gone further, claiming that Rawls's arguments denigrate democracy. These criticisms are unsurprising, since Rawls's arguments, as arguments that the principle of equal basic liberty needs to include democratic liberties, are incomplete. In contrast to his trenchant remarks about core civil (...) liberties, Rawls does not say much about the inclusion of political liberties of a democratic sort – such as the right to vote – among the basic liberties. -/- In this paper, I complete some of Rawls's arguments and show that he has grounds for including political liberties, particularly those of a democratic nature, in the principle of equal basic liberty. In doing so, I make some beginning steps toward illustrating the genuinely democratic nature of Rawls's arguments. Rawls believes that a few different arguments can be given for democratic institutions and that these arguments work together to support the value of democracy. In this paper, I focus on Rawls's arguments relating to self-respect. I focus on this set of arguments because they are among the strongest of Rawls's arguments for equal political liberty and its fair value. (shrink)

John Rawls is arguably the most important political philosopher of the past century. His theory of justice has set the agenda for debate in mainstream political philosophy for the past forty years, and has had an important influence in economics, law, sociology, and other disciplines. However, despite the importance and popularity of Rawls's work, there is no clear picture of what a society that met Rawls's principles of justice would actually look like. This article sets out to explore that question.

Methodological nationalism assumes that, to understand a phenomenon, nation- states are the relevant units of analysis. This assumption has been recognized as a source of bias in most of the social sciences. Does it bias Rawls' understanding of justice, too? This paper argues that it does for at least two reasons. Firstly, what Rawls thinks justice requires on a global scale falls short of what states and international organisations actually do. Secondly, framing the difference principle in national terms, as (...) Rawls did, is a way to increase the “citizenship rent”, or the revenue a person receives just by being citizen of a rich country The paper argues that methodological nationalism biases Rawls’ understanding of justice by affecting both the plausibility and the coherence of his theory. (shrink)

Are intellectual property rights for talented people justified by Rawls’ criteria of justice? In this paper, I argue that Rawls’ theory of justice is ill-equipped to answer this question. Tailored for rival goods and, as a result, centred on the distribution of benefits, it tends to restate questions of justice about unequal rights as questions about economic inequalities. Therefore, it lacks the tools necessary to distinguish among different forms of incentives for talented people. Once social and economic inequalities observe equality (...) of opportunity and improve the least advantaged, the theory is indifferent as to whether talented people are allowed to compete for monopoly rights or for direct financial reward. (shrink)

G. A. Cohen is well known within contemporary political philosophy for claiming that the scope of principles of justice extends beyond the design of institutions to citizens’ personal choices. More recently, he’s also received attention for claiming that principles of justice are normatively ultimate, i.e., that they’re necessary for the justification of action guiding principles (regulatory rules) but are unsuitable to guide political practice themselves. The purpose of this paper is to explore the relationship between these claims as they’re applied (...) in criticism of John Rawls. It argues that ascribing normative ultimacy to justice entails its application to personal choice. However, it also argues that if Cohen is right about Rawls’s difference principle being regulatory rather than ultimate, then his earlier claim that Rawls must extend it to personal choice on pain of inconsistency is refuted. (shrink)

G.A. Cohen is well known within contemporary political philosophy for claiming that the scope of principles of justice extends beyond the design of institutions to citizens’ personal choices. More recently, he’s also received attention for claiming that principles of justice are normatively ultimate, i.e., that they’re necessary for the justification of action guiding principles but are unsuitable to guide political practice themselves. The purpose of this paper is to explore the relationship between these claims as they’re applied in criticism of (...) John Rawls. It argues that ascribing normative ultimacy to justice entails its application to personal choice. However, it also argues that if Cohen’s right about Rawls’s difference principle being regulatory rather than ultimate, then his earlier claim that Rawls must extend it to personal choice on pain of inconsistency is refuted. (shrink)

This article discusses the adequacy of Rawls’ theory of justice as a tool for racial justice. It is argued that critics like Charles W Mills fail to appreciate both the insights and limits of the Rawlsian framework. The article has two main parts spread out over several different sections. The first is concerned with whether the Rawlsian framework suffices to prevent racial injustice. It is argued that there are reasons to doubt whether it does. The second part is concerned with (...) whether a Rawlsian framework has the resources to rectify past racial injustice. It is argued that it has more resources to do this than Mills allows. This second part of the article centers on two Rawlsian ideas: ideal theory and the fair equality of opportunity principle. It is argued that ideal theory is essential for the kind of rectificatory work that Mills wants nonideal theory to do, and that where there is a socioeconomic legacy of past injustice, it is hard to see how FEO could be implemented if it did no rectificatory work, a result which means that there is less need to turn to nonideal theory at all. (shrink)

G.A. Cohen is famous for his critique of John Rawls’s view that principles of justice are restricted in scope to institutional structures. In recent work, however, Cohen has suggested that Rawlsians get more than just the scope of justice wrong: they get the concept wrong too. He claims that justice is a fundamental value, i.e. a moral input in our deliberations about the content of action-guiding regulatory principles, rather than the output. I argue here that Cohen’s arguments for extending the (...) scope of justice equivocate across his distinction between fundamental principles of justice, i.e. principles that tell us what justice is; and regulatory principles of justice, i.e. principles that tell us what is required of us, all things – including justice – considered. Though Cohen initially had the regulatory sense of the word ‘justice’ in mind when critiquing the basic structure restriction, his replies to the problem of demandingness presuppose his own, fundamental sense of the word ‘justice’. The upshot is that he escapes demandingness at the cost of sacrificing regulatory justice’s capacity to provide clear guidance. I conclude by considering Peter Singer’s efforts to deal with demandingness in his own work on global poverty. Since Singer manages to deal with demandingness without giving up clarity, his work is a good a place to start in the search for regulatory principles that are suitable for the context of personal choice. (shrink)

Critics and defenders of Rawls' idea of public reason have tended to neglect the relationship between this idea and his conception of democratic legitimacy. I shall argue that Rawls' idea of public reason can be interpreted in two different ways, and that the two interpretations support two different conceptions of legitimacy. What I call the substantive interpretation of Rawls' idea of public reason demands that it applies not just to the process of democratic decision-making, but that it extends to the (...) substantive justification of democratic decisions. I shall argue against this interpretation and suggest a procedural interpretation instead. On this view, public reason is invoked when it comes to the political justification of the principles that should govern the process of democratic decision-making, but not – at least not directly – in relation to the content of public deliberation. (shrink)

I provide an alternative to the two prevailing accounts of justice in immigration policy, the free migration view and the state discretion view. Against the background of an internationalist conception of domestic and global justice that grounds special duties of justice between co-citizens in their shared participation in a distinctive scheme of social cooperation, I defend three principles of justice to guide labor immigration policy: the Difference Principle, the Duty of Beneficence, and the Duty of Assistance. I suggest (...) how these principles are to be applied in both ideal and nonideal circumstances. Finally, I argue that the potential conflict between these principles has often been overstated, and propose priority rules for genuine cases of conflict. (shrink)

This article is part of a symposium on property-owning democracy. In A Theory of Justice John Rawls argued that people in a just society would have rights to some forms of personal property, whatever the best way to organise the economy. Without being explicit about it, he also seems to have believed that protection for at least some forms of privacy are included in the Basic Liberties, to which all are entitled. Thus, Rawls assumes that people are entitled to form (...) families, as well as personal associations which reflect their tastes as well as their beliefs and interests. He seems also to have assumed that people are entitled to seclude themselves, as well as to associate with others, and to keep some of their beliefs, knowledge, feelings and ideas to themselves, rather than having to share them with others. So, thinking of privacy as an amalgam of claims to seclusion, solitude, anonymity and intimate association, we can say that Rawls appears to include at least some forms of privacy in his account of the liberties protected by the first principle of justice. -/- However, Rawls did not say very much about how he understands people’s claims to privacy, or how those claims relate to his ideas about property-ownership. This is unfortunate, because two familiar objections to privacy seem particularly pertinent to his conception of the basic liberties. The first was articulated with customary panache by Judith Thomson, in a famous article on the moral right to privacy, in which she argued that talk of a moral right to privacy is confused and confusing, because privacy rights are really just property rights in disguise. The second objection has long been a staple of leftist politics, and is that the association of privacy with private property means that privacy rights are just a mask for coercive and exploitative relationships, and therefore at odds with democratic freedom, equality and solidarity. If the first objection implies that Rawls is wrong to think that protection for privacy can be distinguished from protection of personal property, the second objection implies that Rawls cannot hope to protect privacy without thereby committing himself to the grossest forms of capitalist inequality. -/- In this paper I will not discuss Rawls’ views of property-owning democracy. However, by clarifying the relationship between claims to privacy and claims to property-ownership, I hope to illuminate some of the conceptual, moral and political issues raised by Rawls’ ideas, and by work on the concept of a property-owning democracy, which he inspired. As we will see, privacy-based justifications of private ownership are not always unappealing, and privacy is sometimes promoted, rather than threatened, by collective ownership. The conclusion draws out the significance of these claims for the idea of a property-owning democracy. (shrink)

Social decisions are often made under great uncertainty – in situations where political principles, and even standard subjective expected utility, do not apply smoothly. In the first section, we argue that the core of this problem lies in decision theory itself – it is about how to act when we do not have an adequate representation of the context of the action and of its possible consequences. Thus, we distinguish two criteria to complement decision theory under ignorance – Laplace’s principle (...) of insufficient reason and Wald’s maximin criterion. After that, we apply this analysis to political philosophy, by contrasting Harsanyi’s and Rawls’s theories of justice, respectively based on Laplace’s principle of insufficient reason and Wald’s maximin rule – and we end up highlighting the virtues of Rawls’s principle on practical grounds (it is intuitively attractive because of its computational simplicity, so providing a salient point for convergence) – and connect this argument to our moral intuitions and social norms requiring prudence in the case of decisions made for the sake of others. (shrink)

Cet essai présente une description de plusieurs travaux inédits de Jacques Derrida au sujet de Marx et d'Althusser datant des années 1960 et 1970. Au-delà du travail philologique, il s'agit aussi d'une étude théorique de notions telles que 'idéologie', 'fétichisme', 'reproduction', 'division du travail', 'différence sexuelle', 'domination', 'économie politique', 'matérialisme dialectique', ou 'production culturelle' — tout autant à travers les textes marxistes que dans les lectures déconstructives qu'en propose alors Derrida. Durant les années 1970, dans le cadre de son séminaire, (...) Derrida s'efforce de penser une autre économie politique, au-delà de l'économie du propre qu'il identifie aussi bien chez les économistes classiques que chez leurs critiques marxistes. Ces lectures détaillées et combattives de textes marxistes restent aujourd'hui inédites. Leur prise en compte contribue à redéfinir l'image de Derrida et de la déconstruction, en témoignant de ses discussions très avancées de Marx, d'Althusser, et de la pensée marxiste — et ce dès la fin des années 1960 et le début des années 1970, plus de 20 ans avant la publication de Spectres de Marx (1993). -/- Une version plus courte de cet article fut traduite en espagnol par Ramiro Parodi, et publiée en 2019 dans le numéro 7 de la revue Demarcaciones — numéro consacré au 25ème anniversaire de la publication de Spectres de Marx. (shrink)

The electronic and muonic hydrogen energy levels are calculated very accurately [1] in Quantum Electrodynamics (QED) by coupling the Dirac Equation four vector (c ,mc2) current covariantly with the external electromagnetic (EM) field four vector in QED’s Interactive Representation (IR). The c -Non Exclusion Principle(c -NEP) states that, if one accepts c as the electron/muon velocity operator because of the very accurate hydrogen energy levels calculated, the one must also accept the resulting electron/muon internal spatial and time coordinate operators (ISaTCO) (...) derived directly from c without any assumptions. This paper does not change any of the accurate QED calculations of hydrogen’s energy levels, given the simplistic model of the proton used in these calculations [1]. The Proton Radius Puzzle [2, 3] may indicate that new physics is necessary beyond the Standard Model (SM), and this paper describes the bizarre, and very different, situation when the electron and muon are located “inside” the spatially extended proton with their Centers of Charge (CoCs) orbiting the proton at the speed of light in S energy states. The electron/muon center of charge (CoC) is a structureless point that vibrates rapidly in its inseparable, non-random vacuum whose geometry and time structure are defined by the electron/muon ISaTCO discrete geometry. The electron/muon self mass becomes finite in a natural way due to the ISaTCOs cutting off high virtual photon energies in the photon propagator. The Dirac-Maxwell-Wilson (DMW) Equations are derived from the ISaTCO for the EM fields of an electron/muon, and the electron/muon “look” like point particles in far field scattering experiments in the same way the electric field from a sphere with evenly distributed charge “e” “looks” like a point with the same charge in the far field (Gauss Law). The electron’s/muon’s three fluctuating CoC internal spatial coordinate operators have eight possible eigenvalues [4, 5, 6] that fall on a spherical shell centered on the electron’s CoM with radius in the rest frame. The electron/muon internal time operator is discrete, describes the rapid virtual electron/positron pair production and annihilation. The ISaTCO together create a current that produce spin and magnetic moment operators, and the electron and muon no longer have “intrinsic” properties since the ISaTCO kinematics define spin and magnetic moment properties. (shrink)

This article argues that people have legitimate interests in privacy that deserve legal protection on democratic principles. It describes the right to privacy as a bundle of rights of personal choice, association and expression and shows that, so described, people have legitimate political interests in privacy. These interests reflect the ways that privacy rights can supplement the protection for people’s freedom and equality provided by rights of political choice, association and expression, and can help to make sure that these are, (...) genuinely, democratic. Feminists have often been ambivalent about legal protection for privacy, because privacy rights have, so often, protected the coercion and exploitation of women, and made it difficult to politicise personal forms of injustice. However, attention to the differences between democratic and undemocratic forms of politics can enable us to meet these concerns, and to distinguish a democratic justification of privacy rights from the alternatives. (shrink)

Could a sufficiently detailed computer simulation of consciousness replicate consciousness? In other words, is performing the right computations sufficient for artificial consciousness? Or will there remain a difference between simulating and being a conscious system, because the right computations must be implemented in the right way? From the perspective of Karl Friston's free energy principle, self-organising systems (such as living organisms) share a set of properties that could be realised in artificial systems, but are not instantiated by computers with (...) a classical (von Neumann) architecture. I argue that at least one of these properties, viz. a certain kind of causal flow, can be used to draw a distinction between systems that merely simulate, and those that actually replicate consciousness. Since this property is instantiated by all systems that conform to the free energy principle (not just conscious beings), the account on offer here can be extended to draw a distinction between simulating and being a certain type of system, more generally. In particular, this may inform meta-ethical accounts of artificial moral status and artificial moral agency. (shrink)

Harsanyi und Rawls haben zu der Frage, wie die wichtigen Güter in einem Staat verteilt sein sollten, zwei sehr ähnliche Theorien entwickelt, kommen aber zu unterschiedlichen Schlüssen. Harsanyi plädiert für eine utilitaristische Regel, Rawls dagegen für eine Regel, die sich auf diejenigen konzentriert, denen es in der Gesellschaft am schlechtesten geht. Die fast fünfzig Jahre andauernde Diskussion zwischen den beiden wird hier systematisch dargestellt und analysiert. Erstens wird gezeigt, dass sich unter Berücksichtigung von Abneigung gegen Risiko und abnehmendem Grenznutzen die (...) auf dem Urzustand beruhenden Argumentationen weitaus ähnlicher sind, als den Autoren bewusst ist. Allerdings gibt Harsanyis Theorie wahrscheinlich den Armen im Gegensatz zu Rawls nur relative und keine absolute Priorität. Zweitens wird allerdings die Argumentation über den Urzustand infrage gestellt. Dabei sprechen außerhalb des Urzustandes mehrere praktische Erwägungen tendenziell für Rawls’ Differenzprinzip. (shrink)

This paper lays out the basic structure of any view involving coincident entities, in the light of the grounding problem. While the account is not novel, I highlight fundamental features, to which attention is not usually properly drawn. With this in place, I argue for a number of further claims: The basic differences between coincident objects are modal differences, and any other differences between them need to be explained in terms of these differences. More specifically, the basic difference is (...) not a difference in sort. A number of recent defenses of coincidence, which share the basic structure I outline, misidentify what, in their accounts, plays the basic role of addressing the grounding problem. More tentatively, I argue Coincident entities differ only in these modal properties, and properties they entail. In particular, they do not differ in properties like ‘being a tree,’ ‘being a statue,’ or aesthetic properties, and finally in light of how the account of coincidence offered addresses the grounding problem, the grounding problem provides no reason to prefer monism to pluralism. (shrink)

We can perceive shapes visually and tactilely, and the information we gain about shapes through both sensory modalities is integrated smoothly into and functions in the same way in our behavior independently of whether we gain it by sight or touch. There seems to be no reason in principle we couldn't perceive shapes through other sensory modalities as well, although as a matter of fact we do not. While we can identify shapes through other sensory modalities—e.g., I may know by (...) smell (the scent of mango) that the object causing my sensory experience is round—this is not perceiving an object as shaped, but rather inferring from the character of one's sensory experience and collateral information that an object of a certain shape caused it. That it is possible to perceive shape by other modalities, however, is suggested by the case of bats and aquatic mammals like dolphins which navigate through their environment by a form of sonar. It is plausible that they have some form of auditory representation of space, and so of shape. These facts about shape perception raise important questions about the relation between those features of perceptual experience which are intrinsic to different sensory modalities and the nature of our perceptual representation of shapes, and, more generally, of the space within which we perceive shaped objects to be located. John Campbell's paper, "Molyneux's Problem" (see above), raises a number of interesting and important questions about the nature of our perception of shape properties, particularly the cross-modal nature of shape perception, and ties them to more general questions about the nature both of perceptual.. (shrink)

One of the points of interest of A Theory of Justice was that it tied so tightly together efficiency and equity; however, this link was entrusted to the "principle of difference" and the related maximin rule, the very point that is dropped in this book. Now society as a cooperative enterprise becomes part of the shared concept of the just society and it is no longer the reason for its justification; on this basis, however, Rawls lucidly asks the question (...) about the justification for solidarity with those suffering from such severe handicaps to prevent then from making a contribution to this cooperative enterprise. His answer is that for the problems to which justice such as equity does not give an answer there are several possibilities: one is that the idea of political justice cannot cover everything and that we should not expect it to; or the problem may be a problem of political justice, but justice as fairness does not would be the correct conception in this case, though it may be in other cases. (shrink)

The distinction between qualitative and non-qualitative properties should be familiar from discussions of the principle of the identity of indiscernibles: two otherwise exactly similar individuals, Castor and Pollux, might share all their qualitative properties yet differ with respect to their non-qualitative properties—for while Castor has the property being identical to Castor, Pollux does not. But while this distinction is familiar, there has not been much critical attention devoted to spelling out its precise nature. I argue that the class of non-qualitative (...) properties is broader than it is often taken to be. When properly construed, it will not only include properties such as being identical to Castor, which somehow make reference to particular individuals, it will also include more general properties such as identity, composition, set membership, as well as various peculiarly ontological properties. Given that some of these more general properties help to explain objective similarity, we have reason to believe that there are fundamental non-qualitative properties. (shrink)

The Sure-Thing Principle famously appears in Savage’s axiomatization of Subjective Expected Utility. Yet Savage introduces it only as an informal, overarching dominance condition motivating his separability postulate P2 and his state-independence postulate P3. Once these axioms are introduced, by and large, he does not discuss the principle any more. In this note, we pick up the analysis of the Sure-Thing Principle where Savage left it. In particular, we show that each of P2 and P3 is equivalent to a dominance condition; (...) that they strengthen in different directions a common, basic dominance axiom; and that they can be explicitly combined in a unified dominance condition that is a candidate formal statement for the Sure-Thing Principle. Based on elementary proofs, our results shed light on some of the most fundamental properties of rational choice under uncertainty. In particular they imply, as corollaries, potential simplifications for Savage’s and the Anscombe- Aumann axiomatizations of Subjective Expected Utility. Most surprisingly perhaps, they reveal that in Savage’s axiomatization, P3 can be weakened to a natural strengthening of so-called Obvious Dominance. (shrink)

Critical examination of Alchourrón and Bulygin’s set-theoretic definition of normative system shows that deductive closure is not an inevitable property. Following von Wright’s conjecture that axioms of standard deontic logic describe perfection-properties of a norm-set, a translation algorithm from the modal to the set-theoretic language is introduced. The translations reveal that the plausibility of metanormative principles rests on different grounds. Using a methodological approach that distinguishes the actor roles in a norm governed interaction, it has been shown that metanormative principles (...) are directed second-order obligations and, in particular, that the requirement related to deductive closure is directed to the norm-applier role rather than to the norm-giver role. The approach has been applied to the case of pure derogation yielding a new result, namely, that an independence property is a perfection-property of a norm-set in view of possible derogation. This paper in a polemical way touches upon several points raised by Kristan in his recent paper. (shrink)

By exercising their (imperfect) capacity to discriminate, people try to recognize and to understand some important differences between things that make them prefer some things to other. In this article I will use my ability to discriminate between people and societies according to a principle which plays the role of attractor, both at individual and societal levels, namely the principle of peaceable conduct. This principle allows us to discriminate at the civic level between the people who have a civilized conduct (...) and those who manifest an aggressive conduct. The category of civilized people includes individuals who (a) respect the life and bodily integrity of their fellows, (b) practice self-control, not control over others and (c) do not claim, through coercive means, the goods that their fellows have obtained by making free and peaceful use of their own faculties and capabilities. The category of aggressive people reunites (a) murderers (those who endanger the lives of their fellow), (b) tyrants (those who beslave their fellows by taking control of some of their faculties) and (c) thieves (those who claim the goods of their fellows without their consent). The civilized conduct requires high standards of action of the people who embrace it and, implicitly, considerable physical and psychical costs. The primary impulses originating in our lower Self blatantly contradict the respect for life, liberty and property of our fellows, so that it seems impossible for them to be controlled only by personal effort. Therefore, it is vital that the energy allotted to peaceable conduct by our higher Self be superior to the energy which it spontaneously mobilizes in support of the primary impulses of our lower Self. This can be achieved by feeding the people with the social energy of certain social emotions in the process of internalizing the norms of peaceable conduct. Among these emotions, contempt and shame, respectively anger and guilt stand out through the predominance of the moral dimension and force of shaping human conduct. They underlie two different moral systems – “shame morality”, and “guilt morality” respectively – that support our peaceable conduct and, ipso facto, our civilized life. (shrink)

Consider the following causal exclusion principle: For all distinct properties F and F* such that F* supervenes on F, F and F* do not both cause a property G. Peter Menzies and Christian List have proven that it follows from a natural conception of causation as difference-making that this exclusion principle is not generally true. Rather, it turns out that whether the principle is true is a contingent matter. In addition, they have shown that in a wide range of (...) empirically ordinary cases, it follows that F* causes G and F does not. These cases plausibly include instances where F* is a mental property and F and G are physical properties. If this is the right conception of causation, it therefore turns out that the physical world is not causally closed. In this paper I show that there is an alternative conception of causation as difference-making that does not have the same consequences. Whether the physical world is causally closed therefore turns out to depend, inter alia, on which conception of difference-making is correct. I give a number of arguments for the alternative conception of difference-making. (shrink)

Cosmopolitans like Gillian Brock, Charles Beitz, and Thomas Pogge argue that the principles of justice selected and arranged in lexical priority in Rawls’ first original position would—and should for the same reasons as in the first—also be selected in Rawls’ second original position. After all, the argument goes, what reasons other than morally arbitrary ones do we have for selecting a second set of principles? A different, though undoubtedly related, point of contention is the cosmopolitan charge that Rawls fails to (...) consider the unfavorable conditions that owe themselves to global factors. Perhaps there was a time when interconnectedness and interdependency between states was not a factor, but in the current global order, this is certainly not the case. While this paper will address other related cosmopolitan concerns mentioned in Brock’s work, it is these two points that are perhaps the two biggest threats to the Rawlsian project and, as such, it is these two points that will be the primary focus of this paper. (shrink)

In this article, I argue that G. A. Cohen’s defense of the feminist slogan, “The personal is political”, his argument against Rawls’s restriction of principles of justice to the basic structure of society, depends for its intelligibility on the ability to distinguish—with reasonable but perhaps not perfect precision—between those situations in which what Nancy Rosenblum has called “the logic of congruence” is validly invoked and those in which it is not. More importantly, I suggest that the philosophical shape of Cohen’s (...) critique makes it difficult for him to supply the required criterion, and that the methodological “intuitionism” he claims to be committed to is at odds with his larger argument against Rawls concerning the subject of justice. (shrink)

The precondition of any feminist politics – a usable category of ‘woman’ – has proved to be difficult to construct, even proposed to be impossible, given the ‘problem of exclusion’. This is the inevitable exclusion of at least some women, as their lives or experiences do not fit into the necessary and sufficient condition(s) that denotes group membership. In this paper, I propose that the problem of exclusion arises not because of inappropriate category membership criteria, but because of the presumption (...) that categories can only be organised by identity relations or shared properties among their members. This criterion of sameness as well as the characterisation of this exclusion as essentialism attests to a metaphysics that is not conducive to resistance and liberatory projects. Following a strain of hybrid thinking in feminist and post-colonial theory, I outline an alternative pluralist logic that confronts oppressive binaries that impede theory work in gender, sexuality, and race theory, and limit political action and resistance. The problem of exclusion is neither irresolvable nor is it essentialism. Instead it is a denial of subjectivity due to pseudodualistic self/Other dichotomies that can be resisted by adopting a new categorial logic. While this paper focuses on the specific problem of formulating a category of ‘woman’, it has implications for other areas of gender, critical race, and postcolonial theory. Rather than working toward an inclusive category founded on sameness, theorists need to develop independent and positive categories grounded in difference. Our current categorial logic does not permit such a project, and therefore a new metaphysics must be adopted. (shrink)