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. (shrink)

Recent work by comparative philosophers, global ethicists, and cross-cultural value theorists indicates that, unlike most Western thinkers, those in many other parts of the globe, such as indigenous Africa, East Asia, and Latin America, tend to prize relationality. These relational values include enjoying a sense of togetherness, participating cooperatively, creating something new together, engaging in mutual aid, and being compassionate. Global economic practices and internationally influential theories pertaining to justice, development, and normative economics over the past 50 years (...) have been principally informed by characteristically Western and individualist values such as utility, autonomy, and capability. In this article I consider what economic appropriation, production, distribution, and consumption would look like if they were more influenced by relational values typical of non-Western worldviews, and especially the sub-Saharan ethic of ubuntu. (shrink)

This paper aims to explore the feasibility of a restorative justice service in the context of work‐related deaths, specifically in Victoria. Section 1 provides a brief summary of restorative justice and the kind of processes that are most likely to be used in the context of work‐related death. Section 2 discusses an issue for the use of restorative justice in this context that is similar to the problem of whether it is fair or reasonable to assign personal (...) criminal liability for corporate fault. Section 3 looks at what it is that restorative justice can offer a bereaved family. Section 4 presents a range of suggestions as to how restorative justice could be used in this context—informed by real cases wherever possible. Section 5 presents a brief proposal regarding what may be the most effective and efficient strategy or model, in terms of developing a pilot restorative justice service in this area. Section 6 offers some preliminary guidance for a further consultation that would involve all the key stakeholders. (shrink)

Construed as a theory of justice, relational egalitarianism says that justice requires that people relate as equals. Construed as a theory of what makes democracy valuable, it says that democracy is a necessary, or constituent, part of the value of relating as equals. Typically, relational egalitarians want their theory to provide both an account of what justice requires and an account of what makes democracy valuable. We argue that relational egalitarians with this dual ambition (...) face the justice-democracy dilemma: Understanding social relations in such a way that renders relational egalitarianism plausible as an answer to what makes democracy valuable comes at the price of understanding social relations in a way that makes it less plausible as a theory of justice, and vice versa. We also argue that there is no easy way out of the dilemma and that relational egalitarians, who want relational equality to provide both accounts mentioned, may simply have to set their ambitions lower on behalf of relational equality. (shrink)

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

The core idea of A Relational Theory of Justice is that normative political and legal philosophy should be grounded on people’s relational features, in particular their ability to commune with others and be communed with by them. Usually, philosophers of justice in the West have based their views on people’s intrinsic features, ones that make no essential reference to others, such as their autonomy, self-ownership, or well-being. In addition, often critics of basing politics and law on (...) justice, whether in the African, feminist/care, Marxian, or Confucian traditions, have appealed to non-intrinsic values as leverage, roughly contending that relationships are more important than justice. In contrast to both major camps, this book articulates and defends accounts of justice based on the dignity of people’s relational nature. A proper valuation of people’s capacity to be party to communal relationships does not transcend categories of justice, but instead calls for certain sorts that differ in plausible ways from those grounded on intrinsic properties. Applications are discussed in the contexts of political, economic, compensatory, criminal, transitional, and global justice. Available for download is the Table of Contents. (shrink)

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

New biotechnologies have the potential to both dramatically improve human well-being and dramatically widen inequalities in well-being. This paper addresses a question that lies squarely on the fault line of these two claims: When as a matter of justice are societies obligated to include a new biotechnology in a national healthcare system? This question is approached from the standpoint of a twin aim theory of justice, in which social structures, including nation-states, have double-barreled theoretical objectives with regard to (...) human well-being. The first aim is to achieve a sufficient level of well-being in each of six core dimensions. In the special case of healthcare systems, this aim is focally but not exclusively attentive to achieving health sufficiency as one of the core dimensions. The second aim is to combat the emergence and persistence of densely woven patterns of systematic disadvantage that tend to undermine the achievement of a sufficient level of health and the other core elements of well-being of some persons and groups. Judgments about entitlements to health related resources, including new biotechnologies, are made in light of a threshold notion of health sufficiency. What is enough or sufficient health? The answer that is defended here is that sufficient health is enough health for a decent human life, understood as enough health to live a full life course without preventable, significant functional disability or decrement in health, or treatable pain or suffering. When a state must include a new biotechnology in its national healthcare system is also influenced by ancillary concerns about the connection between health and other core dimensions of well-being. What counts as a significant functional impairment or health decrement is thus explicated, in part, in relation to the theory’s sufficiency aim for the other essential dimensions of well-being, and thus for a decent life, overall. Those elements of health that play a critical role in the experience of sufficient reasoning, affiliation, security, respect and self determination are especially important; any loss of health function or capacity that threatens the individual’s prospects for sufficiency in these other dimensions, including the relational egalitiarian concerns they entail, constitutes a significant functional impairment. Within national borders, individuals are thus entitled to those health-related goods and services that are essential for a sufficiency of each of the dimensions of well-being; with regard to self determination and respect, what is sufficient by way of guaranteed access to specific goods and services is going to depend on the implications of such access for where an individual stands in relation to her co-nationals. The content of any entitlement to health-related goods and services is also necessarily dynamic. What can be done for health and the other core dimensions of well-being as a function of technological innovation and diffusion is in constant flux. The paper concludes by considering the implications of this analysis for the conditions under which states are obligated to include access in their healthcare systems to one biotechnology, deep brain stimulation. (shrink)

This paper draws attention to a divergence in approach to the social between Ken Gergen’s radical form of social constructionism and the more moderate constructionist approaches exemplified by the thinking of Shaun Gallagher, Jan Slaby and Karen Barad. Specifically, I argue that the latter stop just short of radical constructionism’s ontological and ethical implications. The ethical question for Gergen is not whether and how we achieve just relations but whether and how we deal with the struggle between competing goods, how (...) we manage to think beyond justice understood as singular traditions of the good, so that we can focus on enriching our traditions with alternative intelligibilities, thereby expanding the inclusiveness of our relational structures. Viewing the wayward person or group through Gergen’s lens of multi-being rather than the morality of blameful justice encourages us to strive for an ethics of responsibility without succumbing to a moralism of culpability. (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 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)

This paper raises an underappreciated paradox for classical theism. Love seems to be an inherently biased and partial relation. Justice seems to require the opposite, detached impartiality (think of the attributes of the just judge). But if these are conceptual facts, then classical theism is guilty of ascribing inconsistent attributes to God: perfect love and perfect justice. I resolve this paradox in a manner that weighs in favor of the principle of divine simplicity.

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)

The question of how to respond to the deep political divides in the United States today has resulted in the emergence of two camps. On one side are those who argue that the cultivation of civic virtues like civility will lead to more respectful interpersonal relationships through which consensus and mutual understanding can be built. On the other are those who argue that our commitment to justice is primary and may require uncivil behavior to disrupt and change unjust structural (...) relationships. In Healthy Conflict in Contemporary American Society, Jason Springs helps to bridge the divide between these two positions. Because he takes a relational approach that centers both interpersonal and structural relationships, Springs makes both mutual respect and just structures central to his conception of healthy conflict. Taking relationality seriously thus helps to overcome this impasse, but it also raises significant questions about the impact of asymmetrical relationships on citizens’ responsibilities to engage in healthy conflict. (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.

Justice Across Ages offers an attractive account of justice between the young and the old that brings together three notable principles of age-group justice: complete-lives equality, relational equality, and prudence. Yet, the book says little about the fact that many of us live longer than others, and the little it does say casts doubt on whether lifespan inequality threatens justice as construed by the three principles. This essay argues, instead, that theories of justice between (...) the young and the old should not dispense with a conception of justice between different longevity groups. It concludes that we must be sensitive to lifespan variations when designing policies to promote justice across age groups. (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)

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)

The article has two aims. First, to show that a version of luck egalitarianism that includes relational goods amongst its distribuenda can, as a matter of internal logic, account for one of the core beliefs of relational egalitarianism. Therefore, there will be important extensional overlap, at the level of domestic justice, between luck egalitarianism and relational egalitarianism. This is an important consideration in assessing the merits of and relationship between the two rival views. Second, to provide (...) some support for including relational goods, including those advocated by relational egalitarianism, on the distribuenda of justice and therefore to put in a good word for the overall plausibility of this conception of justice. I show why relational egalitarians, too, have reason to sympathise with this proposal. (shrink)

How does empire become transposed onto justice? There are two kinds of question here, one historical the other conceptual, though they are often entwined. First, we may ask whether there are particular arguments about justice that were subsequently used in the justification of empire or colonialism. Or, we may seek to trace the conceptual structure of argu- ments justifying imperialism to their roots in particular philosophical views, debunking their supposed universalism.3 Second, we may ask about the very nature (...) of the concept of global justice and the values it expresses in relation to other important values. Is the very notion of global justice imperialistic, just because it claims there are universal values applicable to everyone everywhere, whatever their particular ways of life or worldviews? (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)

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)

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)

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)

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)

Morality is traditionally understood as comprised of two components: justice and mercy. The first component, justice, the universal component of the form, is frequently seen as foundational for any moral system – which poses a challenge of explaining the second component, mercy, the particular component of content. Kantian ethics provides an example of this approach. After formulating his universalist theory of ethics in the Groundwork of the metaphysics of morals and further developing it in the Critique of practical (...) reason, he attempts to use it in order to establish the morality of mercy in the Metaphysics of morals. Yet can universal morality of justice necessitate particular ethics of mercy? Using the example of competitive games, the relations between the ethics of justice and that of mercy are demonstrated, and it is shown that the former does not lead to the latter. Moreover, the universality of the rules of moral behavior can serve as a form for blatant brutality. Analyzing the characteristics of particular morality, we can conclude that physical humanity of the moral object, perceived as such by the subject, is a required condition for mercy. Removal of object's humanity is a necessary step toward an ethical system that allows cruelty – a system that can still be based on universal moral rules. Bhagavad Gītā, on the other hand, can be seen as an example of combining nīṣkāmakarma, the formal, universal ethics of desireless action, with a variety of particular motivations originating in the nature and social context of the moral agent. (shrink)

Contemporary discussions of egalitarian justice have often focused on the issue of expensive taste. G.A. Cohen has recently abandoned the view that all chosen disadvantages are non-compensable, now maintaining that chosen expensive judgmental tastes—those endorsed by valuational judgment—are compensable as it is unreasonable to expect persons not to develop them. But chosen expensive brute taste—the main type of non-compensable expensive taste on the new scheme—cannot be described in such a way that there is a normative difference between it and (...) chosen expensive judgmental taste. As there are related problems with denying compensation for the other kind of expensive taste that might remain non-compensable, Cohen's position on taste appears to be either implausible or virtually indistinguishable from that of equality of welfare. However, compensation for valuational judgment-based expensive taste might be justified on grounds of responsibility. (shrink)

Distributive justice, defined as justice in distribution of income and wealth, is impossible. Income and wealth are distributed either unequally or equally. If unequally, then those with less are unjustly subject to social contempt. But equal distribution is impossible because it is inconsistent with bargaining to advance our own good. Hence justice in distribution of income and wealth is impossible. More generally, societies where social relations are mediated by money are necessarily unjust, and Marx was wrong to (...) think a socialist society which retained money would lead to communism. Contributive justice proposes that each flourishes by advancing the flourishing of others. To achieve this goal all labor, both simple and complex, must be shared among all capable of doing it. The good of contributing our abilities to benefit others is then available to all non-competitively. (shrink)

In response to Ruud ter Meulen’s contribution, it is argued that, although the relationship between these concepts is both tight and complex, solidarity should be carefully distinguished from justice. Although ter Meulen wants to defend a normative conception of solidarity, the relation to its descriptive component is not always very clear. As a normative concept it should not collapse into that of justice; and as a descriptive notion it is obviously defective. In order to successfully navigate between these (...) unhappy alternatives, ter Meulen rightfully turns to critical theory. But then it is still not entirely clear how the normative considerations that ter Meulen wants to defend follow from this promising framework. (shrink)

Plato's Republic divided subsequent study of justice in two, as a virtue of people and of institutions. Here, the start of a reunification is attempted. Justice is first understood personally as the mean between arrogance and servility, where just people properly respect themselves and others. Because justice requires that like cases be treated alike and self-respect is a special instance of respect generally, justice requires a single standard for self and others. In understanding justice in (...) terms of respect, structural analogies become apparent between "recognition" and "appraisal" respect, on one hand, and Rawls' two principles of justice on the other. The paper closes with a discussion of how mercy is related to justice and an explanation of why just people always look for reasons to mitigate blame and punishment but never to aggravate them. (shrink)

Relational egalitarians claim that a situation is just only if everyone it involves relates to one another as equals. It implies that relational egalitarians believe the ideal of “living as equals” (for short) is desirable, and furthermore, necessary for justice. In this paper, I distinguish three accounts of the desirability of the ideal: the instrumental value account, the non‐instrumental value account, and the non‐consequentialist account. I argue that the former two accounts cannot provide satisfying reasons for being (...) a relational egalitarian. Instead, the ideal of “living as equals” ought to be understood as fundamentally a moral requirement in a non‐consequentialist sense. In addition, a pluralist (though fundamentally non‐consequentialist) approach is welcome. (shrink)

Some of the earliest Western ideas about the virtues of character gave justice a prominent position, but if moral philosophy has made any progress at all in the past two centuries, we might think it worthwhile to reconsider what that virtue involves. Kant seems (even to most non-Kantians) to have crystallized something important to our relations with others in formulating a proscription against treating others merely as means. And twentieth-century moral and political theory put the justice of social (...) institutions in the spotlight in an unprecedented way. Here I explore the significance of these developments for what it is to be a just person (the nature of “individual justice”) as it was originally understood, within the eudaimonist virtue-ethical theories of the ancient Greeks. By any standard, ancient thinking about individual justice seems to have been incomplete in important ways; perhaps, in virtue of these advances in moral theory, we are in position to enrich our thinking about it. (shrink)

The question of justice in Western philosophy finds its humble beginnings in the interplay of life and death. I am referring here to Plato’s Apology. The Apology is not only a text tracing the fate of the great philosopher Socrates by recounting his final speech before the judges of Athens, but it is also a text that, on a more subtle level, announces the advent of a promising justice that is birthed from death, or, to be more precise, (...) from a specific kind of death. Socrates, here, develops a justice that does not surge from the defence of one’s determination as a singular accused, or from the reconciliation of the criminal singularity into the ethical social body through pardon or punishment, but which rather derives from a negation, a radical annihilation of the category of pure singularity. Socrates does not defend himself as an accused who is determinately and definitively singular, but rather affirms the fact that, in some sense, there is no such singular to be defended, that he is not even one (οὐδείς), less than one, nothing. It is, precisely, in this affirmation of a negative, in this opening of a chasm, that a radically other conception of justice and its relation to the singular is subtly proposed. By pushing the singular to the margins of its possibility, by challenging, bending, pushing the question of the singular and its defence to its outmost limit, Socrates redeploys justice not as a remedying balance, but as the abysmal economy of the bottomless question, a fall into the void, in which life, death, the singular and justice co-incide to burst all definitive determination, substantial opposition and the possibility of establishing a firm ground for any such categories to hold as such. In gradually shedding off the substantial presuppositions of his singularity (knowledge, self-relation and relation to others), he unleashes a modality of the singular which deploys a kind of justice, a wholly other justice, which has shaken the tradition ever since, and, as this article will seek to show, reverberates again in what Jacques Derrida called deconstruction. (shrink)

According to relational egalitarianism, justice requires equal relations. In this paper, I ask the question: can equal relations be unjust according to relational egalitarianism? I argue that while on some conceptions of relational egalitarianism, equal relations cannot be unjust, there are conceptions in which equal relations can be unjust. Surprisingly, whether equal relations can be unjust cuts across the distinction between responsibility-sensitive and non-responsibility-sensitive conceptions of relational egalitarianism. I then show what follows if one accepts (...) a conception in which equal relations can be unjust, including why it provides a reason to grant some people less political power than others. (shrink)

This paper proposes to argue that ecological justice that is rooted in an ecocentric approach to nature is the key to achieving integral human development which goes beyond ‘development that is only worth our while’. Ecological justice is achievable if there is a clear understanding of relations at two distinct levels - one, the relation among humans and another between the entire human community and other elements of the ecosystem. These relations are the basis of the alliances that (...) we form to address issues of integral human development. The focus of the paper is the second kind of alliance that is based on an understanding of the relation between the human and the non-human realm. However, an ‘alliance’ is normally formed between partners with equal standing. Is there a sense in which both humans and the non-human world can be considered to be ‘equal partners in an alliance? The paper considers how one might establish this by examining diverse philosophical viewpoints that have addressed the issue of the treatment of non-human animals for anthropocentric ends. It discusses whether equality between parties is necessary for the formation of an alliance drawing extensively from ethical theories and examples from the world. From rights approach, recipients of justice, to care ethics, several theories offer guidance to support what would constitute a ‘humane’ approach to non-human animals. While these approaches crucially pin the broad perspective, they have not explicitly considered the role of an alliance between humans and non-human animals in achieving a basic level of wellbeing for the latter. Taking cues from the different kinds of ‘ruling over’ from Stuart Gray’s understanding of the relation between humans and non-human nature, the paper seeks to establish that an alliance between humans and the non-human realm is possible even without committing to their equal status and this could form the basis of ecological justice and well-being. (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)

A prominent view in contemporary political theory, the ‘associative view’, says that duties of justice are triggered by particular cooperative relations between morally significant agents, and that ‘therefore’ principles of justice apply only among fellow citizens. This view has been challenged by advocates of global justice, who point to the existence of a world-wide cooperative network to which principles of justice apply. Call this the challenge from geographical extension. In this paper, I pose a structurally similar (...) challenge to the associative view: the challenge from species extension. This says that the existing network of cooperation extends beyond the human species, to encompass some non-human animals, particularly domesticated dogs. In light of this, if one believes that (i) certain non-human animals are morally significant (i.e. objects of moral concern), and that (ii) justice applies to fellow cooperators, one should also hold that domesticated dogs are owed justice in much the same way our human fellow citizens are. I conclude by considering the implications of this argument for the associative view, and animal-rights theory. (shrink)

Based on three recently published books on climate justice, this article reviews the field of climate ethics in light of developments of international climate politics. The central problem addressed is how idealised normative theories can be relevant to the political process of negotiating a just distribution of the costs and benefits of mitigating climate change. I distinguish three possible responses, that is, three kinds of non-ideal theories of climate justice: focused on (1) the injustice of some agents not (...) doing their part; (2) the policy process and aiming to be realistic; and (3) grievances related to the transition to a clean-energy economy. The methodological discussion underpinning each response is innovative and should be of interest more generally, even though it is still underdeveloped. The practical upshot, however, is unclear: even non-ideal climate justice may be too disconnected from the fast-moving and messy climate circus. (shrink)

This article provides an exposition of restorative justice ethics, briefly explaining how and why its relational constitution enables it to comprise a theory of justice. I then describe how that relational constitution permits it to overlap, and work in tandem, with a wide range of religious and philosophical traditions. Numerous writings in religion and peacebuilding explore the roles that restorative justice has played in transitional justice contexts (Tutu 2000, Abu-Nimer 2001, de Gruchy 2002, Biggar (...) 2003, Walker 2004, Villa-Vicencio 2009). Less examined are cases in which restorative justice aims to provide a sustainable alternative to justice institutions and systems that generate substantial systemic injustices—what peace studies scholars describe as the inter-lacing of structural, cultural, and direct forms of violence (Springs 2015). In part two, then, I make the case that intervening in, and countering, structural and cultural violence, and systemic injustices, is conceptually intrinsic to restorative justice. Moreover, this opens possibilities for restorative justice to present sustainable alternatives to—and work to transform— structural violence occurring in retributive justice systems. Restorative justice can uniquely intervene in these ways, I argue, because of the form of moral and spiritual association its relational constitution engenders. As a test case, I briefly examine its capacity to intervene in the justice system that perhaps leads the world in the levels of structural and cultural violence—the United States. (shrink)

This article surveys five approaches to justice in contemporary Anglo-American legal thought: pure proceduralism, the sources thesis, the semiotic model, the social convention model, and the ‘law and...’ model. Each approach has associated justice with the foundation of the legal structure of rules, principles and the like. The foundation for pure proceduralism has rested in the conditions (such as majority will, freedom of expression, and political equality), external to the pure process. For the sources thesis, the foundation has (...) been the state institutions, such as courts and legislatures and ultimately to the state external to the legal structure. With the semiotic model, the structure of signifying concepts (rules, principles, doctrines and other intelligible objects) takes the foundation as a non-signified concept (such as Hans Kelsen’s Grundnorm) external to the signifying relations inside the structure. For the social convention model, the key has been the observation by a jurist of the regularity of a multiplicity of experienced events and the regularity, in turn, is a concept which abstracts from and unifies the multiplicity into a concept. The final approach, the law and…approach, has assumed that the foundation lies in the external and independent disciplinary discourse, thereby reinforcing the observed legal structure as given. -/- The foundation, in each context, has been considered external to the units and analytical reasoning of the legal structure. The foundation, that is, has been considered neither legal nor illegal. The consequence has been that jurists, working within the structure founded by an externality, cannot access justice. The clue to justice, I suggest, is concealed inside the structure itself: namely in the multiplicity of experienced events which the concepts and signifying relations have enclosed and forgotten. The Paper briefly fleshes out the latter sense of access to justice. (shrink)

Rising powers are fundamentally shifting the relations of power in the global economic and political landscape. International political theory, however, has so far failed to evaluate this nascent multipolarity. This article fills this lacuna by synthesizing empirical and normative modes of inquiry. It examines the transformation of sovereignty exercised by emerging democracies and focuses especially on the case of Brazil. The paper shows that – in stark contrast to emerging democracies’ foreign policy rhetoric – the ‘softening’ of sovereignty, which means (...) that emerging powers gain as well as lose certain aspects of sovereignty, has become the norm. The paper explores this softening of sovereignty from the perspective of global justice by assessing it on the basis of globalist, statist, and internationalist conceptions of global justice. We find that the emergent multipolarity contributes in various ways to the realization of the distinct socioeconomic and political criteria of these three conceptions of global justice. However, we also point out that the transformation of sovereignty generates particular problems for the realization of all three conceptions. (shrink)

Which political principles should govern global politics? In his new book, Simon Caney engages with the work of philosophers, political theorists, and international relations scholars in order to examine some of the most pressing global issues of our time. Are there universal civil, political, and economic human rights? Should there be a system of supra- state institutions? Can humanitarian intervention be justified?

We argue that least-developed countries (LDCs) should be treated as a distinct group from developing countries within theories of global justice generally, and theories of trade justice more specifically. While authors within the trade justice literature occasionally make passing reference to LDCs’ entitlement to special favourable treatment from other states, little is said about what form this treatment should take, and how such entitlements relate to the obligations and entitlements of both developed and developing countries. This oversight (...) is untenable in that it neglects the different character and urgency of LDCs’ needs with respect to the economic opportunities afforded to them in international markets. Moreover, by categorising trading states into binary categories of developed/developing or rich/poor, trade justice theorists have ended up obscuring and passing over unavoidable conflicts between least-developed and developing countries’ interests, the weighing of which should be central to any complete normative evaluation of the trade regime. We provide an example of such a conflict of interest and how it should be resolved by examining the structural barrier to LDC economic development presented by the current success of many developing countries in export manufacturing. We argue in favour of a trade policy intervention that would dismantle this structural barrier (by inducing export firms to move to LDCs), even though this means diverting valuable economic opportunities from developing countries. (shrink)

Recently, there has been a concerted effort to shift bioethics’ traditional focus from clinical and research settings to more robustly engage with issues of justice and health equity. This broader bioethics agenda seeks to embed health related issues in wider institutional and cultural contexts and to help develop fair policies. In this paper, we argue that bioethicists who ascribe to the broader bioethics’ agenda could gain valuable insights from the interdisciplinary field of environmental justice and transportation justice, (...) in particular. We then proceed to demonstrate the importance of adopting an intersectional approach to transportation and health. The paper concludes with the argument that intersectional gender inequality is of particular importance when studying both health equity and the unequal distribution of burdens associated with transportation systems in local contexts. This essay is meant to be the beginning of a robust conversation concerning health equity, transportation justice, and intersectional distributions of both benefits and burdens. (shrink)

Domination consists in subjection to the will of others and manifests itself both as a personal relation and a structural phenomenon serving as the context for relations of power. Domination has again become a central political concern through the revival of the republican tradition of political thought . However, normative debates about domination have mostly remained limited to the context of domestic politics. Also, the republican debate has not taken into account alternative ways of conceptualizing domination. Critical theorists, liberals, feminists, (...) critical race theorists, and postcolonial writers have discussed domination in different ways, focusing on such problems as imperialism, racism, and the subjection of indigenous peoples. This volume extends debates about domination to the global level and considers how other streams in political theory and nearby disciplines enrich, expand upon, and critique the republican tradition’s contributions to the debate. This volume brings together, for the first time, mostly original pieces on domination and global political justice by some of this generation’s most prominent scholars, including Philip Pettit, James Bohman, Rainer Forst, Amy Allen, John McCormick, Thomas McCarthy, Charles Mills, Duncan Ivison, John Maynor, Terry Macdonald, Stefan Gosepath, and Hauke Brunkhorst. -/- Front matter and First chapter available for download. (shrink)

At the beginning of Republic 2 (358e–359b), Plato has Glaucon ascribe a social contract theory to Thrasymachus and ‘countless others’. This paper takes Glaucon’s description to refer both within the text to Thrasymachus’ views, and outside the text to a series of works, most of which have been lost, On Justice or On Law. It examines what is likely to be the earliest surviving work that presents a philosophical defence of law and justice against those who would prefer (...) their opposites, On Excellence by an anonymous author usually referred to as ‘Anonymus Iamblichi’; the views on these topics among the Socratics, including Crito, Simon the Cobbler, Aristippus of Cyrene, and Antisthenes; and Socrates’ debate with Hippias ‘On Justice’ in Xenophon’s Memorabilia (4.4.5–25). Its main contention is that the ‘countless others’ referred to by Glaucon points chiefly, but not solely, to the members of the circle of Socrates, who themselves espoused a range of views on justice and law, and their relations. (shrink)

This is the first volume of Equality and Justice, a six-volume collection of the most important articles of the twentieth century on the topic of justice and equality. This volume addresses the following three (only loosely related) issues: (1) What is the concept of justice? (2) Is justice primarily a demand on individuals or on societies? (3) What are the relative merits of conceptions of justice based on equality, based on priority for those who have (...) less, and based on ensuring that everyone has a basic minimum, of the relevant goods? (shrink)

The purpose of Aristotle's discussion of political justice (τό πολιὸν[unrepresentable symbol]δν δί[unrepresentable symbol]αιον) in "EN" V.6-7 has been a matter of dispute. Although the notion of political justice which Aristotle seeks to elucidate is relatively clear, namely the notion of justice which obtains between free and equal citizens living within a community aiming at self-sufficiency under the rule of law, confusion arises when one asks how political justice relates to the other kinds of justice examined (...) in "EN" V. Is political justice a highly determinate subdivision of justice which Aristotle examines alongside the other varieties of particular justice analyzed in "EN" V.2-5? Or is political justice related to the analysis of ethical agency which follows in "EN" V.8-11? The question is complicated by the fact that the passage in question -- "EN" V 1134a17-1135a15 -- has occasioned much speculation about textual dislocations and has been incorporated into chapter divisions differently according to the two prevalent modern editorial divisions of the Ethics. To resolve these problems, I argue that Aristotle's account of political justice is situated within an extended aporetic analysis which begins in "EN" V.6 and extends through "EN" V.8. Aristotle introduces the notion of political justice within the extended analysis concerning the ascription of character states because calling someone just or unjust presupposes that the person is a fully mature ethical agent, but anyone capable of political justice possesses such agency. Once the extended argument in the second half of "EN" V is properly understood, it appears that the received text is not in need of emendation. To further support my claim that Aristotle's account of political justice introduces a new inquiry which is not analogous to the analyses of particular justice in the first half of "EN" V, I compare political justice to the other species of justice. (shrink)

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

Human capital is that body of skills, knowledge, or dispositions that enhances the value of individuals’ contributions to economic production. Because human capital is both a byproduct of, and an important ingredient in, cooperative productive activities, it is subject to demands of justice. Here I consider what comparative justice in human capital benefits and burdens amounts to, with a special concern for the place of equality in allocating such burdens and benefits. Identifying these demands is complicated by the (...) fact that human capital is not discretely produced or exploited, making it difficult to envision human capital justice in historical terms. I defend a non-historical alternative that (I contend) both distributive and relational egalitarians can embrace, namely that that an allocation of human capital burdens and benefits is just only if under that distribution, no individual prefers another’s ledger of benefits and burdens to her own. (shrink)