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)

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

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

Does individual desert matter for distributive justice? Is it relevant, for purposes of justice, that the pattern of distribution of justice’s “currency” (be it well-being, resources, preference-satisfaction, capabilities, or something else) is aligned in one or another way with the pattern of individual desert? -/- This paper examines the nexus between desert and distributive justice through the lens of individual claims. The concept of claims (specifically “claims across outcomes”) is a fruitful way to flesh out the (...) content of distributive justice so as to be grounded in the separateness of persons. A claim is a relation between a person and a pair of outcomes. If someone is better off in one outcome than a second, she has a claim in favor of the first. If she is equally well off in the two outcomes, she has a null claim between the two. In turn, whether one outcome is more just than a second depends upon the pattern of claims between them. -/- In prior work, I have elaborated the concept of claims across outcomes, and have used it to provide a unified defense of the Pareto and Pigou-Dalton axioms. Adding some further, plausible, axioms, we arrive at prioritarianism. -/- Here, I consider the possibility of desert-modulated claims—whereby the strength of an individual’s claim between two outcomes is determined not only by her well-being levels in the two outcomes, and her well-being difference between them, but also by her desert. This generalization of the notion of claims suggests a new axiom of justice: Priority for the More Deserving, requiring that, as between two individuals at the same well-being level, a given increment in well-being be allocated to the more deserving one. -/- If individual desert is intrapersonally fixed, this new axiom, together with a desert-modulated version of the Pigou-Dalton principle, and the Pareto axioms, yields a desert-modulated prioritarian account of distributive justice. Trouble arises, however, if an individual’s desert level can be different in different outcomes. In this case of intrapersonally variable desert, Priority for the More Deserving can conflict with the Pareto axioms (both Pareto indifference and strong Pareto). -/- This conflict, I believe, is sufficient reason to abandon the proposal to make claim strength a function of individual desert on top of well-being levels and differences. If distributive justice is truly sensitive to each individual’s separate perspective—if the justice ranking of outcomes is built up from the totality of individual rankings—we should embrace the Pareto axioms as axioms of justice and reject Priority for the More Deserving. In short: desert-modulated prioritarianism is a nonstarter. Rawls was right to sever distributive justice from desert. (shrink)

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

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

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

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

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

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

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

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

Pogge’s 2006 framework of global justice can be adapted for individual agents or collective unilateral donations in the same way Singer’s framework has been. I do so by amending Pogge’s institutional principles for international human rights NGOs and by adding two further principles to address challenges that arise when his framework is applied. This adapted framework enjoins donors to make principled philanthropic decisions that prioritize existing and near-term suffering, while also rectifying their part in causing this suffering. It makes (...) Pogge’s negative duty account easier to implement than his previous proposal, and provides well-off individuals with an alternative to Effective Altruism. (shrink)

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

School boosters are tax-exempt organizations that engage in fundraising efforts to provide public schools with supplementary resources. This paper argues that prevailing forms of school boosting are defeasibly unjust. Section 1 shows that inequalities in public education funding in the United States violate John Rawls’s two principles of domestic justice. Section 2 argues that prevailing forms of school boosting exacerbate and plausibly perpetuate these injustices. Section 3 then contends that boosting thereby defeasibly violates Rawlsian principles of nonideal theory for (...) rectifying injustice. Thus, boosting should be presumptively either made illegal or substantially reformed. Finally, Section 4 responds to potential objections. (shrink)

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

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

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.

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

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

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

What would be a fair model for flood insurance? Catastrophic flooding has become increasingly frequent in the UK and, with climate change, is likely to become even more frequent in the future. With the UK's current flood insurance regime ending in 2013, we argues that: -/- - there is an overwhelming case for rejecting a free market in flood insurance after 2013; - this market-based approach threatens to leave many thousands of properties uninsurable, leading to extensive social blight; - there (...) are a number of possible flood insurance models that would be fairer and more sustainable. -/- We outline three approaches to 'fairness' in flood insurance, and argues that the second and third of these would be the most 'solidaristic' – i.e. those at lower risk of flooding would contribute to the support of people at higher risk: -/- 'pure actuarial fairness' – insurance costs directly reflect the level of risk faced by individuals; 'choice-sensitive fairness' – insurance costs should reflect only those risks that result from each individual's choices; 'fairness as social justice' – insurance should be provided independently of individuals' risks and choices when covering basic requirements of social justice. (shrink)

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

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

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

Artificial intelligence (AI) has become a transformative force in the legal domain, automating complex tasks such as contract analysis, compliance checks, and legal research. However, the intersection of AI and moral decision-making exposes significant limitations. Legal systems are not merely instruments for enforcing rules—they are platforms where human morality, intent, and societal impact are weighed. This paper explores the critical question: Can AI truly deliver justice, or does it merely replicate historical biases encoded in training data? Using the concept (...) of the “Moral Turing Test,” the paper argues that AI lacks the capacity for ethical reasoning and moral discretion, which are fundamental to adjudicating complex legal disputes. Case studies, including Estonia’s AI judges for small claims and the controversial COMPAS algorithm in the United States, illustrate the risks of bias and accountability gaps in AI-driven legal decision-making. The paper advocates for a Human-in-the-Loop (HITL) framework, where AI assists but does not replace human judgment, ensuring that moral reasoning and accountability remain central to the legal process. It concludes that while AI holds promise in enhancing efficiency, it must be carefully regulated to preserve the ethical foundations of justice. (shrink)

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

The sixth IPCC report states that a proper conception of climate justice that can address the complexity of the phenomenon of anthropogenic climate change as a whole requires considering not only one but rather three dimensions of justice today: redistributive, procedural, and recognition dimensions. In this article, my focus is on exploring the latter dimension, drawing special attention to climate policies addressing cultural-identity issues. In the first section, I illustrate how climate policies can be connected to discriminatory practices (...) against minority cultures and their identities. To do so, I take the struggles of Black movements against environmental racism and the struggles of Indigenous peoples against a colonialist cultural heritage as case studies. In the second section, I look into the most advanced normative model to address the dimension of recognition, its advantages, and how it addresses the so-called ‘institutionalization of cultural patterns’ in climate policies: the Nancy Fraser model. Finally, in the third section, I investigate an aspect that remains open. It concerns the matter of how to use institutional authority to ‘deinstitutionalize’ non-ecological cultural patterns, while respecting pluralism and avoiding falling into the risks of institutional paternalism. (shrink)

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

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

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

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

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

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)

The latest news from our planet is threatening: climate change, pollution, forest loss, species extinctions. All these words are frightening and there is no sign of improvement. Simple logic leads to the conclusion that humanity has to react, for its own survival. But at the scale of a human being, it is less obvious. Organizing one’s daily life in order to preserve the environment implies self-questioning, changing habits, sacrificing some comfort. In one word, it is an effort. Then, what justifies (...) such an effort? The personal choice to act in order to preserve our environment is often made by simple altruism. This choice is based on our love for other human beings: our love for the others grounds our effort. Our moral values, our ethical reflections and our religious beliefs are the deep core of these choices. “This is my commandment, that you love one another as I have loved you.” (John 15.12 NRSV). This Charter shows the moral and religious values that can help us react regarding the current environmental crisis and it should empower us to transcend the ideas of effort and sacrifice in order to consider the respect of the shared house, in a prophetic fulfillment of the being. (shrink)

Criminal justice is primarily designed to serve the public interest in relation to criminal acts. Restorative justice is designed to address the harm-related needs of individuals in the aftermath of wrongdoing. These distinct aims require such different processes and priorities that any attempt to integrate restorative justice within the criminal justice system will almost invariably undermine the quality and effectiveness of both. In this book, the author argues that the optimal relationship between the two should therefore (...) be one of maximum independence: the instruments of the state should not be used to impose or enforce the decision to participate in restorative justice, any component of the restorative justice process or its outcome. It is also suggested that, in the absence of legislative innovation, this kind of separation is likely to require that restorative justice is situated after a case has actually exited the justice system, or after it has, in legal terms, effectively done so, as in a post-sentence context. [Note: The publisher offers a 40% discount on this book (conditions apply). Please see the author's website: "Relational Approaches" for details.]. (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)

There is a great deal that might be said about justice in property claims. The strategy that I shall employ focuses attention upon the initial acquisition of property -- the most sensitive and most interesting area of property theory. Every theory that discusses property claims favorably assumes that there is some justification for transforming previously unowned resources into property. It is often this assumption which has seemed, to one extent or another, to be vulnerable to attack by critics of (...) particular justifications of property. Nevertheless, this assumption is frequently left undefended by property theorists, and where it is defended, the defense is often remarkably weak. That some initial claim to property be defensible is required by any theory which holds that certain present distributions may be justified, that certain transfers of property are justified, or that restitution ought to be made for previous injustice in transfer or acquisition. The initial acquisition of property, and its justification, is crucial to the remainder of property theory. (shrink)

The urgent importance of dealing with the climate crisis has led some influential theorists to argue that at least some demands for justice must give way to pragmatic and strategic considerations. These theorists (Cass Sunstein, Eric Posner, and David Weisbach, all academic lawyers, and John Broome, an academic philosopher) contend that the failures of international negotiations and other efforts to change economic policies and practices have shown that moral exhortations are worse than ineffective. Although Broome's position is similar in (...) these respects to that of Sunstein, Posner and Weisbach, it differs in other important respects, including his understanding of the idea of justice, his disagreement with the policy approach (which he calls "efficiency with sacrifice") favored by the economists Nicholas Stern and William Nordhaus, and his proposal for establishing a new international financial institution, a World Climate Bank, in addition to putting a price on carbon. Elsewhere I offer a critical analysis of the position taken by Posner and Weisbach in their book, Climate Change Justice. Their arguments against allowing principles of distributive justice (narrowly understood) to constrain treaty negotiations fail to rule out the principles of John Rawls' Law of Peoples (which is a conception of the moral basis of a just international order, including states' obligations to secure basic human rights for all). Therefore their arguments against shaping climate treaties to reflect any principles of justice do not succeed in supporting their position. Here I offer a critical analysis of Broome's position. I raise and discuss objections to Broome's proposal for a WCB, and I argue that the continued relevance of these objections is contingent on how the proposal for a WCB may get developed. (shrink)

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

This Correspondence argues in response to Coolsaet et al. (2024) that there is an important role to play for stance-independent justice discussions that are not tied to specific social, political or critical perspectives. These can be valuable for climate research audiences, but also as a basis upon which to critically debate and research injustices.

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

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

In Ethics for a Broken World : Imagining Philosophy after Catastrophe, Tim Mulgan applies a number of influential moral and political theories to a “broken world ”: a world of environmental catastrophe in which resources are insufficient to meet everyone’s basic needs. This paper shows that John Rawls’ conception of justice as fairness has very different implications for a broken world than Mulgan suggests it does. §1 briefly summarizes Rawls’ conception of justice, including how Rawls uses a hypothetical (...) model – the “original position” – to argue for principles of justice. §2 explains how Mulgan uses a variation of Rawls’ original position – a broken original position – to argue that justice as fairness requires a “fair survival lottery” in a broken world. §3 shows that the parties to a broken original position have reasons not to agree to such a survival lottery. §4 then shows that Mulgan’s argument hangs upon a false assumption: that there are no viable options to adopt in a broken world besides some kind of survival lottery. Finally, §5 shows that the parties to a broken original position would instead rationally agree to a scheme of equal rights and opportunities to earn or forfeit shares of scarce resources on the basis of each person’s comparative contribution to human survival. (shrink)

Relational egalitarianism is a theory of justice according to which people must relate as equals. In this article, we develop relational sufficientarianism – a view of justice according to which people must relate as sufficients. We distinguish between three versions of this ideal, one that is incompatible with relational egalitarianism and two that are not. Building on this, we argue that relational theorists have good reason to support a pluralist view that is both egalitarian and sufficientarian.

Within the United States, the most prominent justification for criminal punishment is retributivism. This retributivist justification for punishment maintains that punishment of a wrongdoer is justified for the reason that she deserves something bad to happen to her just because she has knowingly done wrong—this could include pain, deprivation, or death. For the retributivist, it is the basic desert attached to the criminal’s immoral action alone that provides the justification for punishment. This means that the retributivist position is not reducible (...) to consequentialist considerations nor in justifying punishment does it appeal to wider goods such as the safety of society or the moral improvement of those being punished. A number of sentencing guidelines in the U.S. have adopted desert as their distributive principle, and it is increasingly given deference in the “purposes” section of state criminal codes, where it can be the guiding principle in the interpretation and application of the code’s provisions. Indeed, the American Law Institute recently revised the Model Penal Code so as to set desert as the official dominate principle for sentencing. And courts have identified desert as the guiding principle in a variety of contexts, as with the Supreme Court’s enthroning retributivism as the “primary justification for the death penalty.” While retributivism provides one of the main sources of justification for punishment within the criminal justice system, there are good philosophical and practical reasons for rejecting it. One such reason is that it is unclear that agents truly deserve to suffer for the wrongs they have done in the sense required by retributivism. In the first section, I explore the retributivist justification of punishment and explain why it is inconsistent with free will skepticism. In the second section, I then argue that even if one is not convinced by the arguments for free will skepticism, there remains a strong epistemic argument against causing harm on retributivist grounds that undermines both libertarian and compatibilist attempts to justify it. I maintain that this argument provides sufficient reason for rejecting the retributive justification of criminal punishment. I conclude in the third section by briefly sketching my public health-quarantine model, a non-retributive alternative for addressing criminal behavior that draws on the public health framework and prioritizes prevention and social justice. I argue that the model is not only consistent with free will skepticism and the epistemic argument against retributivism, it also provides the most justified, humane, and effective way of dealing with criminal behavior. (shrink)

Notions of procedural justice alone are sufficient to support evidentiary exclusions in a wide variety of legal and law-like institutions that focus on conflict resolution, including courts. Special attention is paid to the relevance and need for exclusion of parties’ own assessments of the value of their claims.

Cosmic Justice Hypotheses. -/- This applied-logic lecture builds on [1] arguing that character traits fostered by logic serve clarity and understanding in ethics, confirming hopeful views of Alfred Tarski [2, Preface, and personal communication]. Hypotheses in one strict usage are propositions not known to be true and not known to be false or—more loosely—propositions so considered for discussion purposes [1, p. 38]. Logic studies hypotheses by determining their implications (propositions they imply) and their implicants (propositions that imply them). Logic (...) also studies hypotheses by seeing how variations affect implications and implicants. People versed in logical methods are more inclined to enjoy working with hypotheses and less inclined to dismiss them or to accept them without sufficient evidence. Cosmic Justice Hypotheses (CJHs), such as “in the fullness of time every act will be rewarded or punished in exact proportion to its goodness or badness”, have been entertained by intelligent thinkers. Absolute CJHs, ACHJs, imply that it is pointless to make sacrifices, make pilgrimages, or ask divine forgiveness: once acts are done, doers must ready themselves for the inevitable payback, since the cosmos works inexorably toward justice. Ceteris Paribus CJHs, CPCJHs, on the other hand, such as “in the fullness of time every act will be rewarded or punished in exact proportion to its goodness or badness—other things being equal”, leave room for exceptions. For example, some people subscribing to Ceteris Paribus CJHs think that certain bad acts can be performed with impunity as long as certain procedures are carried out previous to, or simultaneous with, or even after the acts. Belief Ceteris Paribus CJHs has been exploited by unscrupulous “spiritual leaders” who claim to have power to grant exceptions. In opposition to belief in CPCJHs are CJHs that hold belief in CPCJHs to be inherently wrong and subject to punishment. Other variants of CJHs are Cumulative Cosmic Justice Hypotheses, such as “in the fullness of time every person will be rewarded or punished in exact proportion to the net goodness or badness of their acts”. Still other variants include the Hereditary Cumulative Cosmic Justice Hypotheses, such as “in the fullness of time every person will be rewarded or punished in exact proportion to the net goodness or badness of their ancestors’ acts”. [1] JOHN CORCORAN, Inseparability of Logic and Ethics, Free Inquiry, S. 1989, pp. 37–40. [2] ALFRED TARSKI, Introduction to Logic, Dover, 1995. (shrink)

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