Some key political challenges today, e.g. climate change, are future oriented. The intergenerational setting differs in some notable ways from the intragenerational one, creating obstacles to theorizing about intergenerational justice. One concern is that as the circumstances of justice do not pertain intergenerationally, intergenerational justice is not meaningful. In this paper, I scrutinize this worry by analysing the presentations of the doctrine of the circumstances of justice by David Hume and John Rawls. I argue (...) that we should accept the upshot of their idea, that justice is context sensitive, even if this at first sight seems to invalidate intergenerational justice. On the basis of moral constructivism, I subsequently provide a fresh reading of the doctrine according to which it conveys the idea that justice is the solution to a practical problem. However, as the problem background is evolving, we need to properly characterize the relevant practical problem in order to make ethical theorizing relevant. Contrary to what has been claimed, the circumstances of justice do not then clash with intergenerational justice, but are the necessary presuppositions for its advancement. (shrink)

Gauthier and Hobbes reduce Prisoners Dilemmas to co-ordination problems (CPs). Many think rational, face-to-face agents can solve any CP by agreed fiat. But though an agent can rationally use a symmetry-breaking technique (ST) to decide between equal options, groups cannot unless their members' STs luckily converge. Failing this, the CP is escapable only by one agent's non-rational stubbornness, or by the group's "conquest" by an outside force. Implications: one's strategic rationality is group-relative; there are some optimums groups in principle cannot (...) rationally choose; thus justice cannot always be a rationally contracted optimum. Howard Sobel provides the point of departure. (shrink)

It is important in its own right to determine what conception of mutual disinterest Rawls has in mind at the various junctions in the text. Furthermore, disambiguating this notion counters a common objection that there is no reason to accept principles of justice that are chosen by rational egoists. The persons in Rawls' OP are not rational egoists. Rather, in identifying with the token persons in society they make the actual interests of the token persons into their ends and (...) they know that they are choosing principles of justice for a society in which moderate selfishness reigns. But this is very remote from stipulating a selfish disposition for the persons in the OP. Hence, the objection is contingent on a natural misreading of Rawls' notion of mutual disinterest and can be readily dispelled by disambiguating this notion into a motivational and an epistemic constraint on the OP. (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...

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

Joseph Persky's excellent book, The Political Economy of Progress: John Stuart Mill and Modern Radicalism, shows that J. S. Mill's support for socialism is a carefully considered element of his political and economic reform agenda. The key thought underlying Persky's argument is that Mill has an ‘evolutionary theory of justice’, according to which the set of institutions and practices that are appropriate to one state of society should give way to a new set of institutions as circumstances change (...) and the people themselves improve. However, Persky does not spend a great deal of time discussing Mill's theory of reform, in particular the principles he believes should guide our reform efforts. Reflecting on these principles – notably his principle of impartiality or equal treatment – shows the consistency of Mill's thought over time. (shrink)

Libertarian theories of justice hold that agents, at least initially, own themselves fully, and thus owe no service to others, except through voluntary action. The most familiar libertarian theories are right-libertarian in that they hold that natural resources are initially unowned and, under a broad range of realistic circumstances, can be privately appropriated without the consent of, or any significant payment to, the other members of society. Leftlibertarian theories, by contrast, hold that natural resources are owned by the (...) members of society in some egalitarian manner, and may be appropriated only with their permission, or with a significant payment to them. Left-libertarian theories have been propounded for over two centuries[i], but in recent years there has been a revival of interest in them. Theories roughly of this sort have been explored by Kolm [1985, 1986] and Gibbard [1976], advocated by Steiner [1994], Grunebaum [1987], and Van Parijs [1995], and criticized by Cohen [1995]. (shrink)

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

Do motivational limitations due to human nature constrain the demands of justice? Among those who say no, David Estlund offers perhaps the most compelling argument. Taking Estlund’s analysis of “ability” as a starting point, I show that motivational deficiencies can constrain the demands of justice under at least one common circumstance — that the motivationally-deficient agent makes a good faith effort to overcome her deficiency. In fact, my argument implies something stronger; namely, that the demands of justice (...) are constrained by what people are sufficiently likely to be motivated to do. Thus, contrary to the prevailing wisdom, it is the business of ideal theory — not just nonideal theory — to work with the motivational capacities people are likely enough to have. (See also Estlund's reply in the same issue of EJPT and my rejoinder on Philpapers.). (shrink)

This essay presents the normative foundation of W.E.B. Du Bois’s constructivist theory of justice in three steps. First, I show that for Du Bois the public sphere in Anglo-European modern states consists of a dialectical interplay between reasonable persons and illiberal rogues. Second, under these nonideal circumstances, the ideal of autonomy grounds reasonable persons’ deliberative openness, an attitude of public moral regard for others which is necessary for constructing the terms of political rule. Though deliberative openness is the (...) essential vehicle of construction, reasonable persons only have a pragmatic political obligation to forge ties of deliberative reciprocity with likeminded persons whom they trust will listen and not harm them. Finally, I present Du Bois’s defense of black suffragists’ support of the 19th Amendment to illustrate pragmatic political obligation in action. I sketch successful democratic engagement that reconstitutes a nonideal public sphere. (shrink)

I suggest that the social justice issues raised by Internet regulation can be exposed and examined by using a methodology adapted from that described by John Rawls in 'A Theory of Justice'. Rawls' theory uses the hypothetical scenario of people deliberating about the justice of social institutions from the 'original position' as a method of removing bias in decision-making about justice. The original position imposes a 'veil of ignorance' that hides the particular circumstances of individuals (...) from them so that they will not be influenced by self-interest. I adapt Rawls' methodology by introducing an abstract description of information technology to those deliberating about justice from within the original position. This abstract description focuses on computing devices that users can use to access information and information networks that information devices use to communicate. The abstractness of this description prevents the particular characteristics of the Internet and the computing devices in use from influencing the decisions about the just use and regulation of information technology and networks. From this abstract position, the principles of justice that the participants accept for the rest of society will also apply to the computing devices people use to communicate, and to Internet regulation. (shrink)

The shortage conditions created by the COVID-19 pandemic have been changing our ordinary way of life around the world since the beginning of 2020. Such conditions pose a challenge for shaping a cohesive theory of justice—one that takes non-ideal circumstances as necessary for the model. These conditions also interfere with agents’ moral capacity in ways that make it difficult for them to tell what is morally relevant, which impairs their ability to identify what actions are just. To shed (...) light on these problems, I turn to David Hume’s theory of justice as a test case to portray how outer conditions shape an agent’s inner conditions and affect the foundation of our moral perception of what is just. (shrink)

The shortage conditions created by the COVID-19 pandemic have been changing our ordinary way of life around the world since the beginning of 2020. Such conditions pose a challenge for shaping a cohesive theory of justice—one that takes non-ideal circumstances as necessary for the model. These conditions also interfere with agents’ moral capacity in ways that make it difficult for them to tell what is morally relevant, which impairs their ability to identify what actions are just. To shed (...) light on these problems, I turn to David Hume’s theory of justice as a test case to portray how outer conditions shape an agent’s inner conditions and affect the foundation of our moral perception of what is just. (shrink)

This paper presents a new trilemma with respect to resolving the control and alignment problems in machine ethics. Section 1 outlines three possible types of artificial moral agents (AMAs): (1) 'Inhuman AMAs' programmed to learn or execute moral rules or principles without understanding them in anything like the way that we do; (2) 'Better-Human AMAs' programmed to learn, execute, and understand moral rules or principles somewhat like we do, but correcting for various sources of human moral error; and (3) 'Human-Like (...) AMAs' programmed to understand and apply moral values in broadly the same way that we do, with a human-like moral psychology. Sections 2–4 then argue that each type of AMA generates unique control and alignment problems that have not been fully appreciated. Section 2 argues that Inhuman AMAs are likely to behave in inhumane ways that pose serious existential risks. Section 3 then contends that Better-Human AMAs run a serious risk of magnifying some sources of human moral error by reducing or eliminating others. Section 4 then argues that Human-Like AMAs would not only likely reproduce human moral failures, but also plausibly be highly intelligent, conscious beings with interests and wills of their own who should therefore be entitled to similar moral rights and freedoms as us. This generates what I call the New Control Problem: ensuring that humans and Human-Like AMAs exert a morally appropriate amount of control over each other. Finally, Section 5 argues that resolving the New Control Problem would, at a minimum, plausibly require ensuring what Hume and Rawls term ‘circumstances of justice’ between humans and Human-Like AMAs. But, I argue, there are grounds for thinking this will be profoundly difficult to achieve. I thus conclude on a skeptical note. Different approaches to developing ‘safe, ethical AI’ generate subtly different control and alignment problems that we do not currently know how to adequately resolve, and which may or may not be ultimately surmountable. (shrink)

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

The paper tries to examine the effects of economic crisis on philosophical considerations of distributive justice. It tackles the problem of a radical increase in scarcity as a condition of justice. Instead of assuming a relatively fixed (“moderate”) level of scarcity as a background against which justice in distribution obtains, the paper examines what happens when this level risks falling below and how does that change our views of distributive justice. It takes upon the recent events (...) in the United States to construe a specific philosophical model and ask how crisis distribution, where that favors wealthier actors, can be justified. By analyzing the crisis distribution principle, it ultimately aims to suggest that moderate scarcity should not be seen as a mere condition, but an important and vital object of justice. As such it falls within, not beyond legitimate obligations of democratic governance. (shrink)

This thesis considers the notion of intergenerational justice. I consider intertemporal justice largely through the lens of John Rawls’s theory of justice. Nonetheless, Rawls incorrectly gives priority to the principle of reciprocity in his theory. I correct Rawls’s misunderstanding concerning reciprocity. I also discuss the often-overlooked importance of natural duties to Rawls’s theory. I add the condition of vulnerability to Rawls’s circumstances of justice. By making these changes I give priority to impartiality in Rawls’s theory, (...) remove the difficulties created by Rawls’s present-time-of-entry interpretation, remove the need for Rawls’s motivational assumption, and remove the chance-timing of a person’s birth as an arbitrary contingency and basis for bias in the decision-making of those behind the veil of ignorance. (shrink)

This article focuses on the epistemic transition to testimonial justice. It argues that the recognition of testimonial injustice in the context of reproductive rights may play a central role in this transition. First, I show how testimonial injustice undermines women’s legal protection against sexual violence and rights triggered by it such as the right to abortion. Second, I argue that the epistemic transition initiated by the #MeToo and #YoSiTeCreo movements call for transitional justice. In support, I review the (...) circumstances of transitional justice for cases like the transition to testimonial justice. Finally, I focus on the area of reproductive rights. I argue that policies of recognition contribute to epistemic transitional justice and complement other strategies aimed to overcome testimonial injustice such as the virtue of the responsible hearer and institutional compensatory virtues. (shrink)

Unlike other kinds of theories of justice, reparatory justice can only be negatively defined, in non-ideal contexts in which initial wrongs had already been committed. For one, what counts and what does not count as wrongdoing or as an unjust state of affairs resulted from that wrongdoing depends on the normative framework upon which a theorist relies. Furthermore, the measures undertaken for alleviating historical injustices can be assessed only from the vantage point of other, independent normative considerations. In (...) the present paper I argue that this lack of substance is a feature that, far from being problematic, is what makes reparatory justice attractive. The specific example that I put forward is that of a reparatory justice account which seeks to instantiate the desiderata of a sufficientarian theory of justice. At first, distributive justice fills the content of reparatory justice, specifying up to what level reparations in-kind or compensatory measure should go. Afterwards, reparatory justice clarifies and provides epistemic inputs for distributive justice. Reparatory justice thus becomes an epistemic source for distributive justice, in that it provides the means for assessing whether someone’s level of well-being can be traced to her choice or to a wider, historically-sensitive operationalization of her “circumstances”. (shrink)

:Does social justice lose all application in the condition in which people are morally flawless? The answer, I will argue, is that it does not — justice might still have application. This is one lesson of my broader thesis in this paper, that there is a variety of conditions we would all regard as highly idealistic and unrealistic which are, nevertheless, not beyond justice. The idea of “circumstances of justice” developed especially by Hume and Rawls (...) may seem to point in a more realistic direction, but we can see that this is not so once we distinguish between conditions of need for norms of justice, conditions of their emergence, and conditions of applicability of the standard of justice. Justice, I argue, can have application even in conditions where no mechanism of justice is present or needed, such as the case of internalized motives of justice. (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)

For the past thirty years, the Transitional Justice (TJ) research program has been undergoing a period of transition, simultaneously expanding and consolidating; in one sense, expanding its scope to encompass the measurement of TJ’s impact and the redefinition of ‘transitional’ to include societies afflicted by deep social and economic injustice; and in a second sense, consolidating its practical approach to promoting democracy and peace by developing best practices for institutionalizing TJ. While there have been advances in designing new TJ (...) mechanisms and remedying the concept’s under-theorization, little comparative progress has been made to date in offering a guiding framework for TJ’s push to institutionalize. The thesis of this article is that philosophical pragmatism, specifically Deweyan pragmatism, offers a bevy of resources—a virtual tool-kit—for scholars and practitioners wishing to design TJ-friendly institutions within transitional societies. (shrink)

Justice for children and during childhood and the particular political, social and moral status of children has long been a neglected issue in ethics, and in social and political philosophy. The application of general, adult-oriented theories of justice to children can be regarded as particularly problematic. Philosophers have only recently begun to explore what it means to consider children as equals, what goods are especially valuable to them, and what are the obligations of justice different agents have (...) toward children. In addition, while philosophers have extensively written about global poverty and inequality, the issue of disadvantages during childhood, especially child poverty, has only been superficially addressed. This also applies to the Capability Approach (CA) as a normative theory. Although the socio-scientific and economic literature on how to conceptualize capabilities and functionings of children and how to measure them in the context of poverty and wellbeing is steadily growing, the normative aspects of these issues are still under-theorized. The CA offers a unique framework to engage with both the topic of justice for children and questions concerning what justice implies and demands with regard to children living and growing up in disadvantaged circumstances. Furthermore, justice and disadvantage during childhood is a compellingly interdisciplinary topic that invites the combination of ethical and philosophical reasoning together with socio-scientific theories and empirical knowledge. In this special issue of Ethical Perspectives we bring together theoretical and empirically informed discussions that explore the CA in relation to children and the many disadvantages they can face in their lives. (shrink)

South Africa is a highly distributively unequal country, and its inequality continues to be largely along racial lines. Such circumstances call for assessment from the perspective of contemporary theories of distributive justice. Three such theories—Rawlsian justice, utilitarianism, and luck egalitarianism—are described and applied. Rawls' difference principle recommends that the worst off be made as well as they can be, a standard which South Africa clearly falls short of. Utilitarianism recommends the maximization of overall societal well-being, a goal (...) which South Africa again fails to achieve given its severe inequality and the fact of the diminishing marginal value of money—that a given amount of money tends to produce more utility for a poor person than it does for a rich person. The final theory, luck egalitarianism, aims to make distributions sensitive to individual exercises of responsibility. This view also objects to South Africa's inequality, this time on the basis that the poor are overwhelmingly worse off through no fault or choice of their own. These major theories of distributive justice therefore all propose large-scale redistribution to the benefit of the (predominantly black) poor. Perhaps more surprisingly, all three views also provide support for socio-economic affirmative action, as opposed to South Africa's race-based Black Economic Empowerment. (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)

"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)

Which standards should we employ to evaluate the global order? Should they be standards of justice or standards of legitimacy? In this article, I argue that liberal political theorists need not face this dilemma, because liberal justice and legitimacy are not distinct values. Rather, they indicate what the same value, i.e. equal respect for persons, demands of institutions under different sets of circumstances. I suggest that under real-world circumstances – characterized by conflicts and disagreements – equal (...) respect demands basic-rights protection and democratic participation, which I here call ‘political justice’. I conclude the article by considering three possible configurations of the global order – the ‘democratic world-state’, ‘independent democratic states’, and ‘mixed’ models – and argue that a commitment to political justice speaks in favour of the latter. (shrink)

Because contractarians see justice as mutual advantage, they hold that justice can be rationally grounded only when each can expect to gain from it. John Rawls seems to avoid this feature of contractarianism by fashioning the parties to the contract as Kantian agents whose personhood grounds their claims to justice. But Rawls also endorses the Humean idea that justice applies only if people are equal in ability. It would seem to follow from this idea that dependent (...) persons (such as the disabled) lack claims of justice. It appears, then, that the Kantian and Humean themes in Rawls conflict. I present a reading of Rawls that resolves this tension between the Kantian and Humean themes. The first theme, I argue, allows Rawls to maintain that persons as such are owed justice regardless of their ability to engage in social cooperation. The second theme, I argue, allows him to retain Hume's connection between justice and reciprocity, but confines the reciprocity condition to relations among nondependents. I conclude that Rawls's approach permits him to rebut recent criticisms leveled by disability theorists and others who claim that his theory excludes dependents. (shrink)

Following John Rawls, nonideal theory is typically divided into: (1) “partial-compliance theory” and (2) “transitional theory." The former is concerned with those circumstances in which individuals and political regimes do not fully comply with the requirements of justice, such as when people break the law or some individuals do not do their fair share within a distributive scheme. The latter is concerned with circumstances in which background institutions may be unjust or may not exist at all. This (...) paper focuses on issues arising in transitional theory. In particular, I am concerned with what Rawls’ has called “burdened societies," that is, those societies that find themselves in unfavorable conditions, such that their historical, social or economic circumstances make it difficult to establish just institutions. The paper investigates exactly how such burdened societies should proceed towards a more just condition in an acceptable fashion. Rawls himself tells us very little, except to suggest that societies in this condition should look for policies and courses of action that are morally permissible, politically possible and likely to be effective. In this paper I first try to anticipate what a Rawlsian might say about the best way for burdened societies to handle transitional problems and so move towards the ideal of justice. Next, I construct a model of transitional justice for burdened societies. Ultimately, I argue for a model of transitional justice that makes use of a nonideal version of Rawls’ notion of the worst-off representative person. (shrink)

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

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

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)

In a just society, who should be liable for the significant costs associated with creating and raising children? Patrick Tomlin has recently argued that children themselves may be liable on the grounds that they benefit from being raised into independent adults. This view, which Tomlin calls ‘Kids Pay’, depends on the more general principle that a beneficiary can incur an obligation to share in the cost of an essential benefit that the benefactor is responsible for her requiring. I argue in (...) this paper that this principle is both generally false and particularly suspect in the kinds of cases that Tomlin needs it to be true, namely, cases in which a benefactor has created the need to be benefitted to satisfy a self-regarding interest in providing the benefit. In a nutshell, I argue that because parents electively put their children into a needy circumstance for the purpose of satisfying a self-regarding interest in meeting their children’s needs, they lack a legitimate claim against their children to share in its associated costs. (shrink)

From a nonideal justice perspective, this article investigates liability and compensation intheir wider theoretical context to better understand the governance of climate loss anddamage under the United Nations Framework Convention on Climate Change(UNFCCC). The usual rationale for considering compensation takes a backward-looking understanding of responsibility. It links those causing harm directly to its remedy. Thisarticle shows that, under current political circumstances, it is more reasonable to understandresponsibility as a forward-looking concept and thus to differentiate responsibilitieson grounds of capacity (...) and solidarity. The article argues that loss and damage entitlementsinUNFCCCgovernance should be understood as entitlements to a threshold of capabilitiesfor resilience. While compensation merely means redressing the situation ex ante a threat,entitlements to capabilities for resilience can entail more demanding responsibilities ofsupport. This means that Article 8 of the Paris Agreement has much more demandingimplications than it might at first appear. (shrink)

This paper is based on the assumption that the high incomes of some professional sports athletes, such as players in professional leagues in the United States and Europe, pose an ethical problem of social justice. I deal with the questions of what should follow from this evaluation and in which ways those incomes should be regulated. I discuss three different options: a) the idea that the incomes of professional athletes should be limited, b) the idea that they should be (...) vastly taxed by the state, and c) the idea that there is a moral obligation for the athletes to spend portions of their incomes on good causes. I will conclude that in today’s circumstances there are good reasons to advocate both option one (limitation) and option two (taxation), but that priority should be given to taxation. (shrink)

On January 30, 2020, the World Health Organization declared a Public Health Emergency of International Concern (PHEIC) over what would quickly become known as SARS-CoV- 2 or COVID- 19. This emergency status was officially ended in the United States in May 2023 amidst much dissent and debate. Although emergency conditions resulting from COVID- 19 will likely wax and wane over the coming years, there is good reason to think that the incidence of severe global pandemics will increase over the next (...) century, as will declarations of emergency. The declaration of an emergency calls for urgent action, but it just as urgently demands careful reflection. Official “emergency” status licenses unparalleled executive intervention, completely reorganizing the lives of those who live under its decree. Such official recognition, however, is heavily dependent on the social context in and from which the emergency arises. Highlighting which circumstances rise to the level of an official emergency clarifies our reigning assumptions about what threshold of active harm—and in relation to which groups of people—demands immediate intervention. (shrink)

Today, resilience is used in many societal contexts for understanding how things respond to risks and for improving their performance in this regard, having also become a prominent approach for adapting to climate change. Yet, despite the broad appeal of resilience and resilience-based approaches within and outside academia, there are persisting puzzles about how to interpret resilience, its relation to competing concepts and approaches, or its desirability. Some proponents of resilience advise caution with the normative use of the term, noting (...) that resilience is a purely descriptive and ambivalent quality, which can be good in some circumstances but not in others. Critics have also noted that resilience approaches can be technocratic and that they tend to conceal the needs and vulnerabilities of the poor. -/- These examples demonstrate the need for reflecting on the status and significance of a term that is so widely used in academia and across the science-policy divide, but whose meaning and value are so fiercely disputed. Given that resilience is already informing many large-scale and significant societal efforts, they also raise the need to ask under which conditions such efforts could be just. -/- This work uses philosophical perspectives from ethics, metaethics and justice theory for revisiting recent debates on the meaning and normative status of this concept, with special emphasis on understanding the normative guidance that diverse interpretations of resilience can offer and disclosing the implications that this may have for achieving justice in and through resilience-based interventions. (shrink)

This book is an anthology with the following themes. Non-European Tradition: Bussanich interprets main themes of Hindu ethics, including its roots in ritual sacrifice, its relationship to religious duty, society, individual human well-being, and psychic liberation. To best assess the truth of Hindu ethics, he argues for dialogue with premodern Western thought. Pfister takes up the question of human nature as a case study in Chinese ethics. Is our nature inherently good (as Mengzi argued) or bad (Xunzi’s view)? Pfister ob- (...) serves their underlying agreement, that human beings are capable of becoming good, and makes precise the disagreement: whether we achieve goodness by cultivating autonomous feelings or by accepting external precepts. There are political consequences: whether government should aim to respect and em- power individual choices or to be a controlling authority. Early Greek Thinking: Collobert examines the bases of Homeric ethics in fame, prudence, and shame, and how these guide the deliberations of heroes. She observes how, by depending upon the poet’s words, the hero gains a quasi- immortality, although in truth there is no consolation for each person’s inevi- table death. Plato: Santas examines Socratic Method and ethics in Republic 1. There Socrates examines definitions of justice and tests them by comparison to the arts and sciences. Santas shows the similarities of Socrates’ method to John Rawls’ method of considered judgments in reflective equilibrium. McPherran interprets Plato’s religious dimension as like that of his teacher Socrates. McPherran shows how Plato appropriates, reshapes, and extends the religious conventions of his own time in the service of establishing the new enterprise of philosophy. Ac- cording to Taylor, Socrates believes that humans in general have the task of helping the gods by making their own souls as good as possible, and Socrates’ unique ability to cross-examine imposes on him the special task of helping others to become as good as possible. This conception of Socrates’ mission is Plato’s own, consisting in an extension of the traditional conception of piety as helping the gods. Brickhouse and Smith propose a new understanding of Socratic moral psychology—one that retains the standard view of Socrates as an intellectualist, but also recognizes roles in human agency for appetites and passions. They compare and contrast the Socratic view to the picture of moral psychology we get in other dialogues of Plato. Hardy also proposes a new, non-reductive understanding of Socratic eudaimonism—he argues that Socrates invokes a very rich and complex notion of the “Knowledge of the Good and Bad”, which is associated with the motivating forces of the virtues. Rudebusch defends Socrates’ argument that knowledge can never be impotent in the face of psychic passions. He considers the standard objections: that knowledge cannot weigh incom- mensurable human values, and that brute desire, all by itself, is capable of moving the soul to action. Aristotle: Anagnostopoulos interprets Aristotle on the nature and acquisition of virtue. Though virtue of character, aiming at human happiness, requires a complex awareness of multiple dimensions of one’s experience, it is not properly a cognitive capacity. Thus it requires habituation, not education, according to Aristotle, in order to align the unruly elements of the soul with reason’s knowledge of what promotes happiness. Shields explains Aristotle’s doctrine that goodness is meant in many ways as the doctrine that there are different analyses of goodness for different types of circumstance, just as for being. He finds Aristotle to argue for this conclusion, against Plato’s doctrine of the unity of the Good, by applying the tests for homonymy and as an immediate cons- equence of the doctrine of categories. Shields evaluates the issue as unresolved at present. Russell discusses Aristotle’s account of practical deliberation and its virtue, intelligence (phronesis). He relates the account to contemporary philo- sophical controversies surrounding Aristotle’s view that intelligence is neces- sary for moral virtue, including the objections that in some cases it is unnecessary or even impedes human goodness. Frede examines the advantages and disadvantages of Aristotle’s virtue ethics. She explains the general Greek con- ceptions of happiness and virtue, Aristotle’s conception of phronesis and compares the Aristotle’s ethics with modern accounts. Liske discusses the question of whether the Aristotelian account of virtue entails an ethical-psy- chological determinism. He argues that Aristotle’s understanding of hexis allows for free action and ethical responsibility : By making decisions for good actions we are able to stabilize our character (hexis). Hellenistic and Roman: Annas defends an account of stoic ethics, according to which the three parts of Stoicism—logic, physics, and ethics—are integrated as the parts of an egg, not as the parts of a building. Since by this analogy no one part is a foundation for the rest, pedagogical decisions may govern the choice of numerous, equally valid, presentations of Stoic ethics. Piering interprets the Cynic way of life as a distinctive philosophy. In their ethics, Cynics value neither pleasure nor tradition but personal liberty, which they achieve by self-suffi- ciency and display in speech that is frank to the point of insult. Plotinus and Neoplatonism: Gerson outlines the place of ordinary civic virtue as well as philosophically contemplative excellence in Neoplatonism. In doing so he attempts to show how one and the same good can be both action-guiding in human life and be the absolute simple One that grounds the explanation of everything in the universe. Delcomminette follows Plotinus’s path to the Good as the foundation of free will, first in the freedom of Intellect and then in the “more than freedom” of the One. Plotinus postulates these divinities as not outside but within each self, saving him from the contradiction of an external foundation for a truly free will. General Topics: Halbig discusses the thesis on the unity of virtues. He dis- tinguishes the thesis of the identity of virtues and the thesis of a reciprocity of virtues and argues that the various virtues form a unity (in terms of reciprocity) since virtues cannot bring about any bad action. Detel examines Plato’s and Aristotle’s conceptions of normativity : Plato and Aristotle (i) entertained hybrid theories of normativity by distinguishing functional, semantic and ethical normativity, (ii) located the ultimate source of normativity in standards of a good life, and thus (iii) took semantic normativity to be a derived form of normativity. Detel argues that hybrid theories of normativity are—from a mo- dern point of view—still promising. Ho ̈ffe defends the Ancient conception of an art of living against Modern objections. Whereas many Modern philosophers think that we have to replace Ancient eudaimonism by the idea of moral obligation (Pflicht), Ho ̈ffe argues that Eudaimonism and autonomy-based ethics can be reconciled and integrated into a comprehensive and promising theory of a good life, if we enrich the idea of autonomy by the central elements of Ancient eudaimonism. Some common themes: The topics in Chinese and Hindu ethics are perhaps more familiar to modern western sensibilities than Homeric and even Socratic. Anagnostopoulos, Brickhouse and Smith, Frede, Liske, Rudebusch, and Russell all consider in contrasting ways the role of moral character, apart from intellect, in ethics. Brickhouse / Smith, Hardy, and Rudebusch discuss the Socratic con- ception of moral knowledge. Brickhouse / Smith and Hardy retain the standard view of the so called Socratic Intellectualism. Shields and Gerson both consider the question whether there is a single genus of goodness, or if the term is a homonym. Bussanich, McPherran, Taylor, and Delcomminette all consider the relation between religion and ethics. Pfister, Piering, Delcomminette, and Liske all consider what sort of freedom is appropriate to human well-being. Halbig, Detel, and Ho ̈ffe propose interpretations of main themes of Ancient ethics. (shrink)

State of nature theories have a long history and play a lively role in contemporary work. Theories of this kind share certain nontrivial commitments. Among these are commitments to inclusion of a Lockean proviso among the principles of justice and to an assumption of invariance of political principles across changes of circumstances. In this article I want to look at those two commitments and bring to light what I believe are some important difficulties they engender. For nonpattern state (...) of nature theories, the justness of a society is marked by the conformance of the society to procedural principles. Distributions of resources and the like have no particular import for questions of justice. Whatever may later result, so long as it came about in accordance with the rules determined by the principles of justice, is itself just. The Lockean proviso is one of the principles of justice governing property and other rights of nonpattern theories of justice. The proviso hangs as a "shadow" over the results of the operation of the other (usual) principles of justice. It is intended to remedy a complaint which arises when the positions of those no longer at liberty to use some resource are worsened (1) by no longer being able to use freely what they previously were free to use and (2) in such a way that they fall below a "baseline." Following Locke, a traditional formulation of the proviso is to allow acquisition just so long as there is "enough and as good" left over for others. Section I concerns the relation of the Lockean proviso to pattern and nonpattern principles of justice, demonstrating that a Lockean proviso turns a nonpattern into a pattern theory of justice. Section II is about the relation of the Lockean proviso to the ideas revealed by an examination of a state of nature, suggesting reasons to reject ideal theories of justice. (shrink)

In the global justice literature, growing attention has been given to problems particular to a globalised economy such as tax competition. Political philosophers have started to reflect on how these problems intersect with theories of global justice. This paper explores the idea according to which action-guiding principles of justice can only be formulated at such intersections. This is the starting point from which I develop a ‘non-ideal theory’ of global justice. The methodology of this theory posits (...) that principles of justice are formulated according to the practice they are intended to regulate. Individual practices provide insights about the formulation of principles, for the non-ideal circumstances that prevent the realisation of justice are only revealed through the interpretation of each practice. With regard to the content of principles, I reject the notion that non-ideal theory is applied ideal theory. I offer instead an overview of the main features of a conception of justice for a non-ideal world based on the ideas of compliance, fact-sensitivity, feasibility and path-dependence. The contribution of this paper is twofold: to provide the conceptual framework for an action-guiding non-ideal theory of global justice and to show why this theory is well-suited to address problems of a globalised economy, such as tax competition. (shrink)

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

A central feature of experimental development economics is the use of randomized controlled trials (RCTs) to evaluate the effectiveness of prospective socioeconomic interventions. The use of RCTs in development economics raises a host of ethical issues which are just beginning to be explored. In this article, I address one ethical issue in particular: the routine use of the status quo as a control when designing and conducting a development RCT. Drawing on the literature on the principle of standard care in (...) medical research ethics, as well as considerations of distributive justice in non-ideal circumstances, I argue that the practice of using the status quo as a control is ethically justifiable. However, I add an important qualification based on the natural duty of rescue to address the concern that my account is overly permissive. (shrink)

This paper argues that the Fairtrade certification system represents an illuminating example of the challenge of systematically determining consumer and entrepreneurial responsibilities in our global age. In taking up the central question of what, if anything, may be called ‘just’ or ‘fair’ in Fairtrade, I more precisely argue for a two-fold thesis: that a meaningful evaluation of Fairtrade must consider both an interactional and an institutional understanding of global responsibilities to promote justice and that Fairtrade can be better defended (...) against several popular objections from the perspective of a theory that adequately differentiates between interactional responsibilities and institutional responsibilities of promoting justice under unjust circumstances. (shrink)

At the heart of Kant’s legal-political philosophy lies a liberal, republican ideal of justice understood in terms of private independence (non-domination) and subjection to public laws securing freedom for all citizens as equals. Given this basic commitment of Kant’s, it is puzzling to many that he does not consider democracy a minimal condition on a legitimate state. In addition, many find Kant ideas of reform or improvement of the historical states we have inherited vague and confusing. The aim of (...) this paper is to untangle both puzzles by exploring Kant’s idea of self-governance. I argue that Kant’s idea of self-governance gives us a very good starting point for thinking about how to leave room for a variety of political systems—different ideals—that have grown out of and responding to different contingent historical and cultural circumstances. It also helps us identify those areas where we want to take extra care to build in safeguards to secure stability and to take sufficiently seriously humankind’s truly nasty sides. (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)

The aim of the present paper is to offer an interpretation of the Rawlsian original position coherent with its own theory of justice. An evaluation of the aforementioned mechanism is presented. Afterwards, in light of it, a solution of the existing overlapping between its elements is offered. The solution is to consider the formal constraints as «partial conclusions», excluding them from the original position. The original position, as an «intermediate stage» aimed at representing the philosophical foundations of Rawls's theory (...) in a way that could provide the deduction of the principles of justice, cannot include straightforwardly any characteristic of those principles, not even the formal ones. The remainder of the elements of the original position (the idea of a contract, the circumstances of justice, the veil of ignorance and the rationality of the parties), acting conjointly, allow for the deduction of the formal constraints themselves. In addition, they also engender the same effects on the exclusion of egoism as a proposal of principles of justice. (shrink)

As civil liberties are shredded and powerful corporate and political force engage in a range of legal illegalities, the state itself becomes a model for corruption and violence. Violence has become not only the foundation of corporate sovereignty, it has also become the ideological scaffolding of common sense. Under casino capitalism, the state has become the enemy of justice and offers a prototype for types of misguided rebellion that mimic the lawlessness enshrined by corporate sovereignty and the repressive state (...) apparatuses. Under such circumstances, the force of action does not reside in deliberation, compassion, justice, equality and freedom. The state of exception has become the rule serving to legitimate illegality and normalizing violence and force as the only mediating dynamic worth utilizing to solve problems. In addition, subjectivity itself has become both hyper-masculinized, transformed, and subordinated to the celebration of an aggressive, violent and hyper-competitive war machine. Evidence of the hardening of the culture and the ongoing visibility of a pathological form of hyper-masculinity abounds in polices that amount to a permanent war on the poor, women, immigrants, workers, public servants, Muslims, poor minorities and those adults marginalized by class and race. Casino capitalism's paranoiac and increasingly repressive institutional and ideological apparatuses live in fear of dissent, critical rationality and the possibility of collective struggles moved by the desire for justice and a radical democracy. This is precisely where questions about education and resistance connect to broader debates about producing critical agents capable of acting as engaged and responsible citizens in a substantive democracy. Neoliberalism, as a dominant ideology, changed not only ways of thinking, but, consequently, practices. Evidently, a process of transformation like the one imposed by the hegemony of neoliberal ideology does not take place without resistance-conscious or not-and here it is the role of the State (and its ideological apparatus) in the subjection of individuals. For Fisher, there is no element that shows that the public actually embraced neoliberal doctrines with enthusiasm. For Mark Fisher, capitalist realism is \\\"an expression of class decomposition, and a consequence of class disintegration\\\". The phenomenon resulting from this discontent that finds few ways to express itself that are not individual is named by Mark Fisher as the \\\"privatization of stress\\\", which easily converts into depression and other psychological suffering. Although both its neoliberal and neoconservative components are opposed to bureaucracy in favour of privatised decentralisation, in practice capitalist realism involves the normalisation of bureaucracy and the creation of additional and unnecessary labour. Although pyramidal hierarchies are flattened, the increase and establishment of constant communication through technology has led to people at the same level surveilling each other. (shrink)

This chapter derives and refines a novel normative moral theory and descriptive theory of moral psychology--Rightness as Fairness--from the theory of prudence defended in Chapter 2. It briefly summarizes Chapter 2’s finding that prudent agents typically internalize ‘moral risk-aversion’. It then outlines how this prudential psychology leads prudent agents to want to know how to act in ways they will not regret in morally salient cases, as well as to regard moral actions as the only types of actions that satisfy (...) this prudential interest. It then uses these findings to defend a new derivation of my (2016) theory of morality, Rightness as Fairness, showing how the derivation successfully defends Rightness as Fairness against a variety of objections. The chapter also details how this book’s theory helps to substantiate the claim that Rightness as Fairness unifies a variety of competing moral frameworks: deontology, consequentialism, contractualism, and virtue ethics. Finally, the chapter shows how Chapter 2’s theory of prudence entails some revisions to Rightness as Fairness, including the adoption of a series of Rawlsian original positions to settle moral and social-political issues under ideal and nonideal circumstances—thus entailing a unified normative and descriptive psychological framework for prudence, morality, and justice. (shrink)

John Rawls was a major 20th-century political philosopher, and his work was animated by his loathing of the fact that many of the circumstances of human lives were due to fortune. Why should there be inequalities among men, he asked, that were produced by mere blind luck? To support his intuition, he came up with a version of social contract theory built around the device of the "original position." We imagine that people gather up for a discussion of what (...) social institutions are best, but they forget, in order not to be swayed by their own personal interests, who they are in the actual society. They do not know their religion, social position, wealth and income, their particular ends, or anything else that might prejudice their judgment. Under this veil of ignorance, they – or rather the philosopher who is shattered into numerous ghostly persons – seek to come to an agreement regarding the just basic structure of society. This book demolishes Rawls' every argument in support of his egalitarianism and shows that the original position, to the extent that it is not completely sterile, outputs libertarianism and laissez-faire capitalism. It defends the view of justice as either a virtue or a legal system that promotes harmony and progress in human affairs. (shrink)

The UK government decided to introduce Income Tax in 1799. Later, tax avoidance schemes involved creation of Deeds of Convenant. It is a fact that crime is increasing but the number of people committing crime is not increasing because many crimes are repeated crimes committed by persons with habitual criminal behaviour, ie hard-core criminals. -/- For more than half a century now, there has been scientific evidence that genetics plays a key role in the origins of criminal behaviour. There are (...) many ethical considerations thus raised which governments are reluctant to face and which, if faced, will cost a lot in financial terms to implement and to also dismantle the old entrenched systems -/- As the author states, genetics is considered in evidence only in federal United States ; New Zealand and Australia and not in the United Kingdom, although the UK’s Criminal Justice Act 2003 does, in some circumstances, allow evidence from relatives about the defendant’s character, but this is not expert evidence but merely non-expert opinion, permitted in relation to the defendant’s bad character in circumstances as per s 101 CJA 2003. Note that in the US, the Federal Rules of Evidence Rule 402 prevents the submission of irrelevant evidence. -/-. (shrink)