Recent revelations of Iran’s hitherto undisclosed uranium enrichment programs have once again incited western fears that Tehran seeks nuclear weapons’ capability. Their fears seem motivated by more than the concern for compliance with the Nuclear Nonproliferation Treaty (NPT). Rather, they seem strongly connected to the western moral assumptions about what kind of government or people can be trusted with a nuclear arsenal. In this paper, I critically examine the western assumptions of the immorality of contemporary nuclear proliferation from an international (...) ethical stance that otherwise might be expected to give it unequivocal support – the stance of Kantian nonideal theory. In contrast to the uses of Kant that were prominent during the Cold War, I advance and apply a sketch of a Kantian nonideal theory that specifies the conditions (although strict conditions) under which nuclear proliferation for states like Iran is morally permissible even though the NPT forbids it. (shrink)

This dissertation defends a “non-ideal theory” of justice: a systematic theory of how to respond justly to injustice. Chapter 1 argues that contemporary political philosophy lacks a non-ideal theory of justice, and defends a variation of John Rawls’ famous original position – a Non-Ideal Original Position – as a method with which to construct such a theory. Chapter 1 then uses the Non-Ideal Original Position to argue for a Fundamental Principle of Non-Ideal Theory: a principle (...) that requires injustices to be dealt with in whichever way will best satisfy the preferences of all relevant individuals, provided those individuals are all rational, adequately informed, broadly moral, and accept the correct “ideal theory” of fully just conditions. Chapter 2 then argues for the Principle of Application – an epistemic principle that represents the Fundamental Principle’s satisfaction conditions in terms of the aims of actual or hypothetical reformist groups. Chapters 3-5 then use these two principles to argue for substantive views regarding global/international justice. Chapter 3 argues that the two principles establish a higher-order human right for all other human rights to promoted and protected in accordance with the two principles of non-ideal theory. Chapter 4 argues that the two principles defeasibly require the international community to tolerate unjust societies, provided those societies respect the most basic rights of individuals. Finally, Chapter 5 argues that the two principles imply a duty of the international community to ameliorate the most severe forms of global poverty, as well as a duty to pursue “fair trade” in international economics. (shrink)

Theorists have long debated whether John Rawls’ conception of justice as fairness can be extended to nonideal (i.e. unjust) social and political conditions, and if so, what the proper way of extending it is. This paper argues that in order to properly extend justice as fairness to nonideal conditions, Rawls’ most famous innovation – the original position – must be reconceived in the form of a “nonideal original position.” I begin by providing a new analysis of the (...) ideal/nonideal theory distinction within Rawls’ theoretical framework. I then systematically construct a nonideal original position, showing that although its parties must have Rawls’ principles of ideal justice and priority relations as background aims, the parties should be entirely free to weigh those aims against whatever burdens and benefits they might face under nonideal conditions. Next, I show that the parties ought to aim to secure for themselves a special class of nonideal primary goods: all-purpose goods similar to Rawls’ original primary goods, but which in this case are all-purpose goods individuals might use to (A) promote Rawlsian ideals under nonideal conditions, (B) weigh Rawls’ principles of ideal justice and priority relations against whatever burdens and benefits they might face under nonideal conditions, and (C) effectively pursue their most favored weighting thereof. I then defend a provisional list of nonideal primary goods which include opportunities to participate effectively in equitable and inclusive grassroots reform movements guided by a series of substantive aims. Finally, I briefly speculate on how the parties to the nonideal original position might deliberate to principles of nonideal justice for distributing nonideal primary goods, suggesting that those goods should be distributed in proportion to unjust disadvantage. (shrink)

Feminist, and other liberatory, moral and political philosophies are widely understood as nonideal theories. But if feminism is just a set of first-order normative commitments, it is unclear why it should produce action-guiding philosophy. I argue that feminist philosophy characteristically takes oppressive salience idealization (OSI) to undermine the means-end consistency of normative theories. OSI involves characterizing the world in ways that give undue weight to the interests and perspectives of the dominant. Our ability to respond to the normative problems (...) our actual world faces us with is undermined by OSI, especially at the levels of problem-framing and selection. (shrink)

Are government restrictions on hate speech consistent with the priority of liberty? This relatively narrow policy question will serve as the starting point for a wider discussion of the use and abuse of nonideal theory in contemporary political philosophy, especially as practiced on the academic left. I begin by showing that hate speech (understood as group libel) can undermine fair equality of opportunity for historically-oppressed groups but that the priority of liberty seems to forbid its restriction. This tension (...) between free speech and equal opportunity creates a dilemma for liberal egalitarians. Nonideal theory apparently offers an escape from this dilemma, but after examining three versions of such an escape strategy, I conclude that none is possible: liberal egalitarians are indeed forced to choose between liberty and equality in this case and others. I finish the paper by examining its implications for other policy arenas, including markets in transplantable human organs and women’s reproductive services. (shrink)

In Dilek Huseyinzadegan’s analysis of Kant’s ‘impure’ politics what we have is a startling, innovative, and ultimately convincing portrait of Kant’s systematic attention to the material conditions underlying the everyday world of political subjects. Much as theorists have sought to enrich scholarly discussions of Kant’s moral philosophy by way of attention to Kant’s ‘practical anthropology’—the empirical counterpart to an a priori formal account of morals—in this book Huseyinzadegan provides us with a parallel look at Kant’s ‘political anthropology.’ By paying close (...) attention to Kant’s systematic appeal to a teleological, heuristic, and regulative approach to the nonideal political conditions faced by political subjects what we discover is not just a robust counterpart to his better-known ideal theory, but indeed a set of orientational tools or maps by which we might hope to better navigate the transition from politics to morals. Teleology provides reason with a ‘compass,’ as Huseyinzadegan puts it, ready to guide us as we set out on our political adventure. (shrink)

-/- This essay discusses the relation between ideal theory and two forms of political moralism identified by Bernard Williams, structural and enactment views. It argues that ideal theory, at least in the sense Rawls used that term, only makes sense for structural forms of moralism. These theories see their task as describing the constraints that properly apply to political agents and institutions. As a result, they are primarily concerned with norms that govern action. In contrast, many critiques of (...) ideal theory are structured and motivated by their commitment to an enactment model of political theorizing. This instead sees political agents and institutions as instruments for producing or promoting better states of affairs. Enactment models treat the evaluations that rank different states of affairs as justificatorily basic, rather than norms governing action on which structural models focus. This reveals an important feature of debates about ideal theory. Whether ideal theory is capable of appropriately guiding action will depend on what the criteria for appropriately guiding action are, about which different theorists have importantly different views. For example, some popular strategies for defending ideal theory fail, while it may be much less clear that some alternatives to ideal theory can provide action guidance than their advocates claim. (shrink)

Animal ethics has often been criticized for an overreliance on “ideal” or even “utopian” theorizing. In this article, I recognize this problem, but argue that the “nonideal theory” which critics have offered in response is still insufficient to make animal ethics action-guiding. I argue that in order for animal ethics to be action-guiding, it must consider agent-centered theories of change detailing how an ideally just human-animal coexistence can and should be brought about. I lay out desiderata that such (...) a theory of change should suffice so as to be helpful in guiding action. Specifically, a theory of change should determine (1) who needs to do what in order for ideal justice to be achieved in the long run, (2) who should be expected to refuse compliance and how they should be moved to comply, and (3) why specific intermediate steps are necessary. I show how previous “nonideal” contributions, though helpful in other ways, are insufficiently determinate on these points and I sketch a (still somewhat utopian) theory of change for one specific context. This brings animal ethics a crucial step closer to being action-guiding in the real world. (shrink)

This article argues that diverse theorists have reasons to theorize about fairness in nonideal conditions, including theorists who reject fairness in ideal theory. It then develops a new all-purpose model of ‘nonideal fairness.’ §1 argues that fairness is central to nonideal theory across diverse ideological and methodological frameworks. §2 then argues that ‘nonideal fairness’ is best modeled by a nonideal original position adaptable to different nonideal conditions and background normative frameworks (including anti-Rawlsian (...) ones). §3 then argues that the parties to the model have grounds to seek a variety of remedial social, legal, cultural, and economic ‘nonideal primary goods’ for combating injustice, as well as grounds to distribute these goods in an equitable and inclusive manner. Finally, I illustrate how the model indexes the nonideal primary goods it justifies to different nonideal contexts and background normative frameworks, illustrating why diverse theorists should find the model and its output principles attractive. (shrink)

Open Access: This essay argues that Claudia Card numbers among important contributors to nonideal ethical theory, and it advocates for the worth of NET. Following philosophers including Lisa Tessman and Charles Mills, the essay contends that it is important for ethical theory, and for feminist purposes, to carry forward the interrelationship that Mills identifies between nonideal theory and feminist ethics. Card's ethical theorizing assists in understanding that interrelationship. Card's philosophical work includes basic elements of NET (...) indicated by Tessman, Mills, and others, and further offers two important and neglected elements to other nonideal ethical theorists: her rejection of the “administrative point of view,” and her focus on “intolerable harms” as forms of “extreme moral stress” and obstacles to excellent ethical lives. The essay concludes that Card's insights are helpful to philosophers in developing nonideal ethical theory as a distinctive contribution to, and as a subset of, nonideal theory. (shrink)

“Ideal theorists” in contemporary liberal political theory argue that we can only arrive at a conception of what our most important political values require by reference to an imagined ideal state of affairs and that we must therefore, to some extent, engage in utopian thinking. Critical theorists, from Marx and the Frankfurt School, have traditionally been highly skeptical towards using idealizations in this way. This skepticism is mirrored by contemporary authors, such as Charles Mills. I argue that most of (...) their critical arguments make a principled case only against ahistorical, decontextualized projects of utopian idealization, but not against ideal theorizing as such. Critical theories do not need to reject ideal theorizing. On the contrary: The method of immanent critique that is specific to critical theory allows for a conception of an ideal state of affairs that emerges from its diagnosis of social contradictions. I conclude that critical theories can (and should) incorporate some aspects of ideal theorizing and its utopian reference to a better society. (shrink)

: The debate between proponents of ideal and non-ideal approaches to political philosophy has thus far been framed as a meta-level debate about normative theory. The argument of this essay will be that the ideal/non-ideal debate can be helpfully reframed as a ground-level debate within normative theory. Specifically, it can be understood as a debate within the applied normative field of professional ethics, with the profession being examined that of political philosophy itself. If the community of academic political (...) theorists and philosophers cannot help us navigate the problems we face in actual political life, they have not lived up to the moral demands of their vocation. A moderate form of what David Estlund decries as “utopophobia” is therefore an integral element of a proper professional ethic for political philosophers. The moderate utopophobe maintains that while devoting scarce time and resources to constructing utopias may sometimes be justifiable, it is never self-justifying. Utopianism is defensible only insofar as it can reasonably be expected to help inform or improve nonutopian political thinking. (shrink)

The volume aims to clarify and argue in support of the distinction between ideal and nonideal theory, as it is defined and used especially by (some of) the political philosophers working on the topic of social justice. In the process of trying to achieve this aim, the volume proposes, as well, a series of analyses concerning the other major problem raised by the ideal-nonideal distinction in political theory: the problem of the soundness of ideal theory (...) as a method of specifying the concept of justice and/or as a guide for political action, institutions and policies. Except for the foreword (which sets its scene and explorative framework) and the afterword (which concludes its argumentative approach and reminds some of its key explanations and observations), the volume is organized in three chapters. The first chapter discusses John Rawls` view on the distinction between ideal and nonideal theory. Its basic intention is to clarify, assess and synthetize the main claims and theses specific to the Rawlsian outlook. This analysis is followed, in the second chapter, by an investigation of the main post-Rawlsian contributions to the project of clarifying the ideal-nonideal distinction in theorizing justice. The third chapter rejects the claim according to which the distinction between ideal and nonideal theory is unjustified or, at least, not categorical. Based on its argumentative and explanatory undertaking, the book proposes the following simple definition of the ideal-nonideal distinction in theorizing justice: ideal theory is the theory aiming to offer an (adequate) answer to the question “what is social justice?”. In other words, ideal theory is the theory of defining or specifying the concept of social justice. Nonideal theory is, instead, the area of academic research interested in answering (and bound to answer) all the other imperative questions about justice and injustice: „is social justice an achievable ideal here and now?”, „which are the best policies in correcting or mitigating the current social injustices?”, „which is the most appropriate strategy for achieving the institutional design that best realizes the principles of justice?”, „in what way are the duties of justice affected when the others fail to conform to these duties?”, „which are the requirements of retributive justice?” or „which are the principles of rectificatory justice?”. (shrink)

How may we change ourselves and our society so that animals are treated more justly? To answer this question, I turn to the account of moral change developed by the philosopher Iris Murdoch. The chief obstacle to becoming better, she believed, is an attachment to fantasy, from which we are liberated only through a loving attention directed at the reality of other beings. Building on this account, I argue that human supremacy is one such fantasy—that it acts as an impediment (...) to interspecies justice. I end with a meditation on love as liberatory practice. (shrink)

In 2005, Charles Mills published “‘Ideal Theory’ as Ideology” in Hypatia: a withering critique of much of contemporary political philosophy and ethics. For Mills such work in philosophy failed to attend to the realities of social life and politics, and in remaining silent on actual issues of domination and oppression served an ideological role in supporting the interests of white bourgeois men. Around the time that Charles Mills launched his broadside against ideal theory, trans theorists had been fighting (...) their own battle against the abstraction of theory from the realities of trans lives and oppression. Vivian Namaste (2000) and Jay Prosser (1998) argued that contemporary gender theory failed to justice to the actuality of trans life, retreating instead to understanding trans life through literary archetypes and idealized radical figures. In this chapter I’ll compare Mills’ critique of ideal theory with the transfeminist critique of 1990s gender theory, arguing that they share much in common. Centrally, both critiques share an underlying commitment to theory needing to be grounded in the actuality of oppression and power relations. This common thread, I suggest, must continue to guide transfeminist thought and action: contra Marquis Bey (2022) transfeminist thought and praxis must continue to be about trans lives, about the oppression of trans women, and about ways of actually achieving liberation from our current dire position. (shrink)

What are we to make of the fact that world leaders, such as Canada’s Justin Trudeau, have, within the last few decades, offered official apologies for a whole host of past injustices? Scholars have largely dealt with this phenomenon as a moral question, seeing in these expressions of contrition a radical disruption of contemporary neoliberal individualism, a promise of a more humane world. Focusing on Canadian apology politics, this essay instead proposes a nonideal approach to state apologies, sidestepping questions (...) of what they ought to do and focusing instead on their actual functioning as political acts. Through a sociologically informed speech act theory and Foucault’s work on power, apology is conceptualized as a speech act with an essentially relational nature. The state, through apologizing, reaffirms the norms governing its relationship to its subjects at a moment when a past transgression threatens to destabilize this relation. From a Foucauldian point of view, the state’s power inheres in the very stability of the state–citizen relation, and we should therefore see apologies as defensive moves to protect state hegemony. In the context of Western liberal democracies, such as Canada, apologies embody, rather than challenge, the logic of neoliberal governmentality by suggesting that everything, including resentment against the state, can be managed within the current status quo. Nevertheless, total cynicism about apology politics is not warranted. In many indigenous apology campaigners’ demands for contrition we see another side of apologies: their potential to bring about change by enacting counterhegemonic relations to the state. (shrink)

Contemporary debates about ideal and nonideal theory rest on an underlying consensus that the primary practical task of political theory is directing action. This overlooks other urgent practical work that theory can do, including showing how injustice can be made bearable and how resisting it can be meaningful. I illustrate this important possibility by revisiting the purpose for which John Rawls originally developed the concept of ideal theory: reconciling a democratic public to living in a (...) flawed world that may otherwise seem more of a home for catastrophe than justice. However, Rawls’s account of reconciliation is flawed; because of his methodology, the realistic utopia he constructs as a source of hope can be used to defend an unjust status quo. By drawing lessons from Theodor Adorno’s contrasting view of reconciliation after the Holocaust, I offer a more democratic method for political theory to offer sources of hope to the public. (shrink)

It is conventional wisdom among political philosophers that ideal principles of justice must guide our attempts to design institutions to avert actual injustice. Call this the ideal guidance approach. I argue that this view is misguided— ideal principles of justice are not appropriate "guiding principles" that actual institutions must aim to realize, even if only approximately. Fortunately, the conventional wisdom is also avoidable. In this paper, I develop an alternative approach to institutional design, which I call institutional failure analysis. The (...) basic intuition of this approach is that our moral assessment of institutional proposals is most effective when we proceed from a detailed understanding of the causal processes generating problematic social outcomes. Failure analysis takes the institutional primary design task to be obviating or averting institutional failures. Consequently, failure analysis enables theorists to prescribe more effective solutions to actual injustice because its focuses on understanding the injustice, rather than specifying an ideal of justice. (shrink)

Numerous philosophers allege that the "general theory of second best" (Lipsey and Lancaster, 1956) poses a challenge to the Target View, which asserts that real world reform efforts should aim to establish arrangements that satisfy the constitutive features of ideal just states of affairs. I demonstrate two claims that are relevant in this context. First, I show that the theory of second best fails to present a compelling challenge to the Target View in general. But, second, the (...) class='Hi'>theory of second best requires ideal theorists to undertake certain kinds of causal and comparative analyses that are typically thought to lie beyond the borders of conventional ideal theory. (shrink)

In Against Purity, Alexis Shotwell takes up a multiplicity of tasks with respect to what I think of as non-ideal ethical theory. In what follows, I trace the relationship of her work to that of non-ideal theorists whose work influences mine. Then, more critically, I probe her analysis of gender voluntarism in Chapter 5, “Practicing Freedom: Disability and Gender Transformation,” partly to better understand what she takes it to be, and partly to advance a cautious defense of some of (...) the moral functions of individualistic performances of gender voluntarism that non-ideal theory leads me to value. I conclude that my interest in retaining a positive account of individualistic gender voluntarism as a form of resistance to a hostile world is due to my tendency to take non-ideal theory as a recommendation for some pessimism, whereas Shotwell’s similar commitments turn out to inform her more optimistic philosophy. (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)

This essay develops Kant’s theory of reform to theorize racial justice reform. I assess the function of Kant’s philosophy of race as part of his nonideal theory of justice, which offers a racist pragmatic anthropology that uses the concept of race to determine the practical effectiveness of legislative reason. His philosophy of race defends a teleological account of the natural history of the human species to fulfill the requirements of justice and assumes that certain racial groups have (...) failed to develop their innate capacity for legislative reason. I show that we need an alternative Kantian nonideal theory of justice that demonstrates how legislative reason actualizes practical freedom. Rather than appeal to anthropology, I expand Kant’s model of public reason to advance racial justice reform under the conditions of partial compliance to the requirements of justice in a profoundly nonideal republic such as the U.S. I then showcase the promise—and limits—of the a priori ideals of citizenship and publicity for racial justice reform and introduce the ideal of interracial civic fellowship to guide the public use of reason in nonideal circumstances. (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)

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 (...) class='Hi'>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)

Open Access: What if it doesn’t get better? Against more hopeful and optimistic views that it is not just ideal but possible to put an end to what John Rawls calls “the great evils of human history,” I aver that when it comes to evils caused by human beings, the situation is hopeless. We are better off with the heavy knowledge that evils recur than we are with idealizations of progress, perfection, and completeness; an appropriate ethic for living with such (...) heavy knowledge, which I call an ‘Imperfectionist Ethic,’ could include resisting evils, improving the lives of victims, and even enjoying ourselves. Better conceptions of the objects of hope, and the good life, inform a praxis-centered, nonideal ethic, supportive of sustained moral motivation, resilience, and even cheer. I connect elements of stoic and pessimistic philosophy in order to outline some normative recommendations for living with evils. A praxis-centered ethic would helpfully adjust our expectations from changing an uncontrollable future, to developing better skills for living in a world that exceeds our control. (shrink)

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)

My aim in this paper is twofold. First, I challenge the view that ideal normative principles offer appropriate guidelines for our efforts to identify morally progressive institutional reform strategies. I shall call this view the "ideal guidance approach." Second, I develop an alternative methodological approach to specifying nonideal normative principles, which I call the "failure analysis approach." I contrast these alternatives using examples from the global justice literature.

Many agents have failed to comply with their responsibilities to take the action needed to avoid dangerous anthropogenic climate change. This pervasive noncompliance raises two questions of nonideal political theory. First, it raises the question of what agents should do when others do not discharge their climate responsibilities. (the Responsibility Question) In this paper I put forward four principles that we need to employ to answer the Responsibility Question (Sections II-V). I then illustrate my account, by outlining four (...) kinds of action that should be undertaken (Section VI). Pervasive noncompliance also raises a second question: Given the lack of progress in combating climate change, should existing governance structures be maintained or changed (and if they should be changed, in what ways)? (the Governance Question). The paper briefly outlines a methodology for addressing this question and outlines what a nonideal response to the existing institutional structures would be (Section VII). It does so with reference to the Paris Agreement, and in particular the creation of a "global stocktake" (Article 14, Paris Agreement) and the "facilitative dialogue" (paragraph 20 of the ‘Adoption of the Paris Agreement’). The aim, then, is to set out an account of a nonideal theory of climate justice. (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)

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)

Our experiences with many sorts of evils yield debates about the role of forgiveness as a possible moral response. These debates include (1) the preliminary question whether evils are, by definition, unforgivable, (2) the contention that evils may be forgivable but that forgiveness cannot entail reconciliation with one’s evildoer, (3) the concern that only direct victims of evils are in a position to decide if forgiveness is appropriate, (4) the conceptual worry that forgiveness of evil may not be genuine or (...) complete if hard feelings recur, (5) the interest of many in holding that forgiveness is never required, and (6) the concern that analyses of evil ought to prioritize the suffering, and credit the perspectives, of victims of evils, in tension with the possibility that forgiveness concerns the well-being of offenders. In this paper, I critically evaluate these concerns from the perspective of nonideal theory. I conclude that crediting victims’ perspectives is importantly basic to empirically informed moral theory, and that objections to forgiveness including (1) evil’s unforgivability ignore victims’ differing accounts. When we take actualities and experiences to be informative and central, some of the usual debates become less pressing, perhaps even moot. (shrink)

Eva Erman and Niklas Möller have recently presented a trenchant critique of my (2015) argument that ideal normative theories are uninformative for certain practical purposes. Their criticisms are largely correct. In this note, I develop the ideas behind my earlier argument in a way that circumvents their critique and explains more clearly why ideal theory is uninformative for certain purposes while leaving open the possibility that it might be informative for other purposes.

Political philosophers frequently claim that political ideals can provide normative guidance for unjust and otherwise nonideal circumstances. This is mistaken. This paper demonstrates that political ideals contribute nothing to our understanding of the normative principles we should satisfy amidst unjust or otherwise nonideal circumstances.

Debates on the practical relevance of ideal theory revolve around Sen's metaphor of navigating a mountainous landscape. In *The Tyranny of the Ideal*, Gerald Gaus presents the most thorough articulation of this metaphor to date. His detailed exploration yields new insight on central issues in existing debates, as well as a fruitful medium for exploring important limitations on our ability to map the space of social possibilities. Yet Gaus's heavy reliance on the navigation metaphor obscures questions about the reasoning (...) by which ideal theories are justified. As a result, Gaus fails to notice the ways in which his theory of the Open Society resembles the ideal theories he aims to dismiss. Ironically, Gaus winds up neglecting the ways in which the Open Society might tyrannize our efforts to realize greater justice. (This article is part of a symposium on Gaus's *The Tyranny of the Ideal*.). (shrink)

Rawls saw need for non-ideal theory also within society but never developed that project. In this chapter, Card suggests that the non-ideal part of Rawls’ Law of Peoples can be a resource for thinking about responding to evils when the subject is not state-centered. It is plausible that defense against great evils other than those of aggressive states should be governed by analogues of scruples that Rawlsian well-ordered societies observe in defending themselves against outlaw states. This essay explores those (...) hypotheses in relation to women’s self-defense and mutual defense against evils of misogyny, the term feminists apply to the most deeply hostile environments of and attitudes toward women and girls and to the cruelest wrongs to them/us, regardless whether perpetrators harbor feelings of hatred. It extrapolates and adapts to this case values, concepts, and methods from Rawls’s life’s work, especially his writing on war. (shrink)

Implicit in feminist and other critiques of ideal theorizing is a particular view of what normative theory should be like. Although I agree with the rejection of ideal theorizing that oppression theorists (and other theorists of justice) have advocated, the proposed alternative of nonideal theorizing is also problematic. Nonideal theorizing permits one to address oppression by first describing (nonideal) oppressive conditions, and then prescribing the best action that is possible or feasible given the conditions. Borrowing an (...) insight from the "moral dilemmas debate"— namely that moral wrongdoing or failure can be unavoidable—I suggest that offering (only) action-guidance under non-ideal conditions obscures the presence and significance of unavoidable moral failure. An adequate normative theory should be able to issue a further, non-action-guiding evaluative chim, namely that the best that is possible under oppressive conditions is not good enough, and may constitute a moral failure. I find exclusively action-guiding nonideal theory to be both insufficiently nonidealizing (because it idealizes the moral agent by falsely characterizing the agent as always able to avoid moral wrongdoing) and meanwhile too strongly adapted to the nonideal (because normative expectations are lowered and detrimentally adapted to options that, while the best possible, are still unacceptable). (shrink)

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

This paper has two goals. The first is to argue that the field of bioethics in general and the literature on ideal vs. nonideal theory in particular has underemphasized a primary problem for normative theorizing: the role of conditioning principles. I define these as principles that implicitly or explicitly ground, limit, or otherwise determine the construction and function of other principles, and, as a result, profoundly impact concept formation, perception, judgment, and action, et al. The second is to (...) demonstrate that ableism is one such conditioning principle and that it undermines the field of bioethics and the practice of biomedicine from achieving the aim of justice as fairness. After briefly addressing the history and critiques of principlism in bioethics, I lay out and defend my account of conditioning principles. I then argue that ableism is one such principle and demonstrate it at work through an analysis of a storied debate between Eva Kittay, Peter Singer, and Jeff McMahan. In conclusion, I contend that the ethical and philosophical dangers of conditioning principles are too easily exacerbated by ideal theory frameworks, and I do so by demonstrating how they are especially liable to generate epistemic injustice, especially contributory and hermeneutical injustice. (shrink)

This article challenges the association between realist methodology and ideals of legitimacy. Many who seek a more “realistic” or “political” approach to political theory replace the familiar orientation towards a state of justice with a structurally similar orientation towards a state of legitimacy. As a result, they fail to provide more reliable practical guidance, and wrongly displace radical demands. Rather than orienting action towards any state of affairs, I suggest that a more practically useful approach to political theory (...) would directly address judgments, by comparing the concrete possibilities for action faced by real political actors. (shrink)

This article identifies an argument in Hobbes’s writings often overlooked but relevant to current philosophical debates. Political philosophers tend to categorize his thought as representing consent or rescue theories of political authority. Though these interpretations have textual support and are understandable, they leave out one of his most compelling arguments – what we call the lesser evil argument for political authority, expressed most explicitly in Chapter 20 of Leviathan. Hobbes frankly admits the state’s evils but appeals to the significant disparity (...) between those evils and the greater evils outside the state as a basis for political authority. More than a passing observation, aspects of the lesser evil argument appear in each of his three major political works. In addition to outlining this argument, the article examines its significance both for Hobbes scholarship and recent philosophical debates on political authority. (shrink)

There is a growing sense that many liberal states are in the midst of a shift in legal and political norms—a shift that is happening slowly and for a variety of reasons relating to security. The internet and tech booms—paving the way for new forms of electronic surveillance—predated the 9/11 attacks by several years, while the police’s vast use of secret informants and deceptive operations began well before that. On the other hand, the recent uptick in reactionary movements—movements in which (...) the rule of law seems expendable—began many years after 9/11 and continues to this day. One way to describe this book is an examination of the moral limits on modern police practices that flow from the basic legal and political tenets of the liberal tradition. The central argument is that policing in liberal states is constrained by a liberal conception of persons coupled with particular rule of law principles. Part I consists of three chapters that constitute the book’s theoretical foundation, including an overview of the police’s law enforcement role in the liberal polity and a methodology for evaluating that role. Part II consists of three chapters that address applications of the theory, including the police’s use of informants, deceptive operations, and surveillance. The upshot is that policing in liberal societies has become illiberal in light of its response to both internal and external threats to security. The book provides an account of what it might mean to retrieve policing that is consistent with the basic tenets of liberalism and the limits imposed by those tenets. [This is an uncorrected draft of the book's preface and introduction, forthcoming from Oxford University Press.]. (shrink)

In "Making Sense of Animal Disenhancement" Adam Henschke provides a framework for fully understanding and evaluating animal disenhancement. His conclusion is that animal disenhancement is neither morally nor pragmatically justified. In this paper I argue that Henschke misapplies his own framework for understanding disenhancement, resulting in a stronger conclusion than is justified. In diagnosing his misstep, I argue that the resources he has provided us, combined with my refinements, result in two new avenues for inquiry: an application of concepts from (...) political theory to disenhancement, and an inquiry in to the mode of valuation that underlies industrial animal agriculture and disenhancement proposals. (shrink)

I discuss Gheaus's (2013) argument against the claim that the requirements of justice are not constrained by feasibility concerns. I show that the general strategy exemplified by this argument is not only dialectically puzzling, but also imposes a heavy cost on theories of justice -- puzzling because it simply sidesteps a presupposition of any plausible formulation of the so-called "feasibility requirement"; costly because it it deprives justice of its normative implications for action. I also show that Gheaus's attempt to recover (...) this normative force presupposes an epistemic dimension to the feasibility requirement that most proponents of that requirement would reject. (shrink)

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

My paper addresses a topic--the implications of Rawls's justice as fairness for affirmative action--that has received remarkably little attention from Rawls's major interpreters. The only extended treatments of it that are in print are over a quarter-century old, and they bear scarcely any relationship to Rawls's own nonideal theorizing. Following Christine Korsgaard's lead, I work through the implications of Rawls's nonideal theory and show what it entails for affirmative action: viz. that under nonideal conditions, aggressive forms (...) of formal equality of opportunity (e.g., sensitivity training, outreach efforts, external monitoring and enforcement) and compensating support (e.g., special fellowship programs, childcare facilities, mentoring, co-op opportunities, etc.) can be justified, but that "hard" and even "soft" quotas are difficult to defend under any conditions. I conclude the paper by exploring the implications of these surprising results for contemporary liberalism more broadly and for constitutional law and public policy. (shrink)

Estlund has replied to my "Motivational Demands on the Limits of Justice". This short note is my rejoinder.

This chapter brings together debates in political philosophy and epistemology over what we should do when we disagree. While it might be tempting to think that we can apply one debate to the other, there are significant differences that may threaten this project. The specification of who qualifies as a civic or epistemic peer are not coextensive, utilizing different idealizations in denoting peerhood. In addition, the scope of disagreements that are relevant vary according to whether the methodology chosen falls within (...) ideal theory or nonideal theory. Finally, the two literatures focus on different units of analysis that diverge according to the philosophical purpose behind their investigation of disagreement. Epistemologists analyze the rationality of individuals’ belief states whereas political philosophers focus on the just governance of a diverse society. Despite these differences, political epistemologists can learn valuable lessons by considering these debates side by side in order to provide insights that address a host of different challenges posed by political disagreement. The core lesson to draw from the disanalogies outlined in this paper is that to make progress, careful attention should be paid to specifying the goal of any particular project within political epistemology. (shrink)

Drawing on unpublished and published sources from 1926-1932, this chapter builds on John Dewey’s naturalistic pragmatic pluralism in ethical theory. A primary focus is “Three Independent Factors in Morals,” which analyzes good, duty, and virtue as distinct categories that in many cases express different experiential origins. The chapter suggests that a vital role for contemporary theorizing is to lay bare and analyze the sorts of conflicts that constantly underlie moral and political action. Instead of reinforcing moral fundamentalism via an (...) outdated quest for the central and basic source of normative justification, we should foster theories with a range of idioms and emphases which, while accommodating monistic insights, better inform decision-making by opening communication across diverse elements of moral and political life, placing these elements in a wider context in which norms gain practical traction in non-ideal conditions, and expanding prospects for social inquiry and convergence on policy and action. (shrink)