The convergence of computing, sensing, and communication technology will soon permit large-scale deployment of self-driving vehicles. This will in turn permit a radical transformation of traffic control technology. This paper makes a case for the importance of addressing questions of socialjustice in this transformation, and sketches a preliminary framework for doing so. We explain how new forms of traffic control technology have potential implications for several dimensions of socialjustice, including safety, sustainability, privacy, efficiency, and (...) equal access. Our central focus is on efficiency and equal access as desiderata for traffic control design. We explain the limitations of conventional traffic control in meeting these desiderata, and sketch a preliminary vision for a next-generation traffic control tailored to address better the demands of socialjustice. One component of this vision is cooperative, hierarchically distributed self-organization among vehicles. Another component of this vision is a priority system enabling selection of priority levels by the user for each vehicle trip in the network, based on the supporting structure of non-monetary credits. (shrink)
Classrooms and schools represent a "culture of power" to the extent that they mirror unjust social relations that exist in the larger society. Progressive educators committed to socialjustice seek to disrupt those social relations in the classroom that function to silence marginalised students, but neutralising those who attempt to reassert power is problematic. This paper investigates the questions: is it ever justified to use power to interrupt power? Does all silencing subjugate? Arguments for and against (...) the censorship of teachers who believe that portraying homosexual lifestyles in a positive light undermines their integrity are outlined. I highlight and explain two crucial considerations absent in the aforementioned debate. Finally, the implications of the debate for socialjustice educators are explicated. (shrink)
Child poverty is one of the biggest challenges of today, harming millions of children. In this book, it is investigated from a philosophical socialjustice perspective, primarily in the context of modern welfare states. Based on both normative theory (particularly the capability approach) and empirical evidence, the authors identify the injustices of child poverty, showing how it negatively affects the well-being of children as well as their whole life course. But child poverty is not 'given by nature'. It (...) is avoidable and there is certainly the moral duty to alleviate it. Therefore, Graf and Schweiger develop a normative theory of responsibilities, which clarifies the moral role of different agents in the poor child's environment: the family, the state and many others, that have so far been neglected in philosophical theories. They conclude their book by sketching how their theory can be extended to global child poverty and what it means to show equal respect and concern for every child - no matter where and in which context they were born. (shrink)
Amartya Sen has made a major contribution to the theory of socialjustice, and of gender justice, by arguing that capabilities are the relevant space of comparison when justice-related issues are considered. This article supports Sen's idea, arguing that capabilities supply guidance superior to that of utility and resources (the view's familiar opponents), but also to that of the social contract tradition, and at least some accounts of human rights. But I argue that capabilities can (...) help us to construct a normative conception of socialjustice, with critical potential for gender issues, only if we specify a definite set of capabilities as the most important ones to protect. Sen's "perspective of freedom" is too vague. Some freedoms limit others; some freedoms are important, some trivial, some good, and some positively bad. Before the approach can offer a valuable normative gender perspective, we must make commitments about substance. (shrink)
The purpose of this article is to explore the concept and scope of public health and to argue that particularly in low-income contexts, where social injustice and poverty often impact significantly on the overall health of the population, the link between public health and socialjustice should be a very firm one. Furthermore, socialjustice in these contexts must be understood as not simply a matter for local communities and nation-states, but in so far as (...) public health is concerned, as a matter of global concern and responsibility. The interpretation of the scope of public health by any particular nation is I believe contingent on the current socio-political context and the conception of social or distributive justice that underpins this context. Furthermore I will argue here that the link between public health and socialjustice ought to be founded on a conception of socialjustice that adequately addresses issues of social injustice, and patterns of systematic disadvantage, that contribute to ill health and that so commonly prevail in many low- and middle-income social contexts. (shrink)
Imagine yourself standing on the edge of a canyon, marveling at the terrain below, wondering about all the sights currently obscured from your view, and lamenting that you just don’t have time to commit to the steep descent in and long trek across, which would give you a perspective from right up close. Being handed Juha Räikkä’s new book SocialJustice in Practice is like being told there’s a flying fox you can take: the canyon is applied political (...) theory, and the flying fox allows the reader to see many different issues, at some speed, and always with the wider context in view. Tuck your loose items of clothing away in your bags, and hop on.The book is loosely organized into six sections, with twelve chapters overall. The first two sections (“Theory and Practice” and “Action and Uncertainty”) introduce readers to the issues around the methodology of contemporary political theory, from whether the arguments of political theory should be more sensitive to what is feasible, through the. (shrink)
What would be a fair model for flood insurance? Catastrophic flooding has become increasingly frequent in the UK and, with climate change, is likely to become even more frequent in the future. With the UK's current flood insurance regime ending in 2013, we argues that: -/- - there is an overwhelming case for rejecting a free market in flood insurance after 2013; - this market-based approach threatens to leave many thousands of properties uninsurable, leading to extensive social blight; - (...) there are a number of possible flood insurance models that would be fairer and more sustainable. -/- We outline three approaches to 'fairness' in flood insurance, and argues that the second and third of these would be the most 'solidaristic' – i.e. those at lower risk of flooding would contribute to the support of people at higher risk: -/- 'pure actuarial fairness' – insurance costs directly reflect the level of risk faced by individuals; 'choice-sensitive fairness' – insurance costs should reflect only those risks that result from each individual's choices; 'fairness as socialjustice' – insurance should be provided independently of individuals' risks and choices when covering basic requirements of socialjustice. (shrink)
There are kinds of dialogue that support socialjustice and others that do the reverse. The kinds of dialogue that supports socialjustice requires that anger be bracketed and that hiding in safe spaces be eschewed. All illegitimate ad hominem/ad feminem attacks are ruled out from the get-go. No dialogical contribution can be down-graded on account of the communicator’s gender, race, or religion. As well, this socialjustice communicative approach unapologetically privileges reason in full (...) view of theories and strategies that might seek to undermine reasoning as just another illegitimate form of power. -/- On the more positive side, we will argue that socialjustice dialogue will enhanced by a kind of “communicative upgrading” that amplifies “person perception,” foregrounds the impersonal forces within our common social spaces rather than the “baddies” within, and orients the dialogical trajectory toward the future rather than the past. Finally, we will argue that educators have a pressing responsibility to guide their students through socialjustice dialogue so that their contributions contribute to the amelioration of injustice, rather than rendering the terrain more treacherous. (shrink)
This paper examines the role of the consensual model in law and argues that if substantive justice is to be the goal of law, the use of individual choice as a legal criterion for distributive and retributive purposes must be curtailed and made subject to substantive considerations. Substantive justice arguably requires that human rights to life, well-being, and the commodities essential to life and well-being, be given priority whenever a societal decision is made. If substantive justice is (...) a collective societal responsibility, the individual cannot be justly rewarded or punished for his or her choices with respect to life, well-being and essential commodities insofar as these choices are justified or excused by standards of substantive justice. Societal conditions and institutional arrangements should be recognized as grounds for justification and excuse because they may impose limits and constraints on the choices available to an individual that are as unavoidable and compelling as those imposed by chance or by another human being. (shrink)
Teaching at a private, conservative religious institution poses unique challenges for equality, diversity, and inclusivity education (EDI). Given the realities of the student population in the Honors College of a private, religious institution, it is necessary to first introduce students to the contemporary realities of inequality and oppression and thus the need for EDI. This chapter proposes a conceptual framework and pedagogical suggestions for teaching basic concepts of socialjustice in a team-taught, interdisciplinary social science course. The (...) course integrates four different approaches to justice: theoretical, social scientific, narratological, and experiential. The discussion of the experiential dimension of the course references practical pedagogical strategies for making socialjustice and inequality real for our students. Understanding the realities of social inequality and its roots can foster a better understanding of the social forces and structures that perpetuate inequality. Furthermore, this approach can plant the intellectual and empathic seeds to challenge in-group bias and hopefully germinate into fruitful interaction with diverse others. Finally, this rich, interdisciplinary encounter with social inequality and justice can prepare students to work for just social structures that will lead to a more inclusive world. (shrink)
This paper analyzes the relationship between love and socialjustice activism, focusing in particular on ways in which activists rely on either the union account of love (to argue that when one person is oppressed everyone is oppressed), the sentimentalist account of love (to argue that overcoming injustice is fundamentally about how we feel about one another), or love as fate (to argue that it is in love’s nature to triumph over hatred and injustice). All three accounts, while (...) understandable and attractive, are seriously problematic, as they tend either to obscure important differences in the ways that various groups are socially situated or to enable inaction by trusting that justice is inevitable. Alternative, deeper interpretations of each account (and their relationships to activism) are explored. (shrink)
From antiquity to date, communal clashes, inter tribal even to global crisis of war is antecedented by penetration of ill-will, unfair sharing formula of human and natural resources by a privileged few resulting in high social, economic and political acrimony hence, the growing calls to reframe the politics of poverty reduction and social protection in particular, in terms of extending the ‘social contract’ to the poorest groups as people are getting increasingly aware of injustice. This premise is (...) on the widening gap between the rich and poor on daily bases. With the increase of awareness, knowledge, technology and the advent of post-modernist era, the quest for socialjustice has heightened. Even communism and democracy attempt to offer socialjustice to its natives. Communism states that humans are free to engage in any kind of occupation and express ourselves freely without government interference, unlike the alienated labour society of the capitalist industry: this for communism is socialJustice, while democracy thinks equality before law and power to its natives is socialjustice. All through the era of Philosophy, Philosophers differ on the definition, and what constitute socialjustice. Until now, there is no unifying explanation on what socialjustice is and consists of. This paper tends to look into the history of socialJustice and different philosophers from different epochs. It also tried to expose the problems inherent in the definition and what constitute socialjustice, and cautioned that complimentary imperative should be employ to curtail human egoistic tendency that aids social injustice. (shrink)
English Abstract: Through the presentation of the history of socialjustice in global constitutional discourse, this article aims to demonstrate that, although in Colombia there is not a constitutionalized purpose or principle of socialjustice, as in other countries, the modern notion of distributive justice, also called socialjustice today, is implicit in the Constitution of 1991 because it enshrined as mandatory rules the three main elements of its meaning at the time of (...) its promulgation: the principle of social rule of law, the principle of human dignity and the right to a material equality. Thus, in Colombia socialjustice must not be understood in the Aristotelian sense of distributive justice but in accordance with these three elements, and can only be achieved if they are fulfilled. -/- Spanish Abstract: Mediante la presentación de la historia de la justicia social en el discurso constitucional global, este artículo pretende demostrar que, a pesar de no existir en Colombia, como en otros países, un valor o principio constitucional de justicia social, la noción moderna de justicia distributiva, también llamada hoy justicia social, se encuentra implícita en la Constitución de 1991 porque esta consagró como normas obligatorias los tres elementos principales de su significado en el tiempo en el que fue promulgada: el principio de Estado Social de Derecho, el principio de dignidad humana y el derecho a una igualdad material. Así pues, la justicia social debe entenderse en Colombia a partir de esos tres elementos, no según el sentido aristotélico de justicia distributiva, y sólo puede ser alcanzada si ellos se cumplen. (shrink)
In this research, I‟m interested in exploring the question as to whether government appointments on the basis of patronage undermine the delivery of social goods and service and the obligations of and socialjustice in South Africa. One of the norms of socialjustice relates to the distribution of goods and services in ways that are just. As Rawls shows in A Theory of Justice, justice is not only the first virtue of society, (...) it is one that should be thought of in terms of fairness — where fairness has to do with skewing society or the principles that govern society in ways that are responsive to the interest and good of all (rather than that of an individual or a select few or particular group). One conclusion that can be drawn from this is that to meet this requirement it is imperative that social institutions are calibrated to be sensitive to justice and with regard to appointments to government positions such appointments are done on the basis of ability to meet such obligation. As part of investigating the above question, I will discuss a number of examples that highlight that certain government appointments in South Africa are done on the basis of party affiliation and not based on skills and qualifications. As such, the most qualified people do not often hold those positions. One consequence of this is the inadequacies and inefficiencies in the distribution of social goods and services that has gradually become the norm in South Africa. (shrink)
Ethics and responsibility would be a vexing or awesome topic that the contemporary citizen more likely wishes to avoid giving his or her views or opinions. That is perhaps because the society transforms rapidly and turns to become more diverse from the past decades. These concepts, on the other, comes not in the ancient or middle era classics, but from the near modern context in 18th England and French land. In dealing with the nature and relationship between the two concepts, (...) another notion of morality also comes into a comparative context. Morality, if often interchangeably used with the ethics, could be seen in some differences that ethics is a dimension one step removed from action. So we used to preach our dependents or subjects to conform their conduct to the kind of moral demand, "Exert your best to the interest of nations or society," "Practice a love and humiliation with brothers, sisters and neighbors," "Never be drunken while driving," "Do not commit an adultery or do not steal other’s property," and the likes. Law, then, would be a minimal of morality which prescribes a prohibited conduct and corresponding criminal sanctions proportionally with the gravity of culpability or social harms. Those concepts might share a common element in a great extent, but could be made distinguished in some of subtleties. (shrink)
SocialJustice is a concept familiar to most Indians but one whose meaning is not always understood as it signifies a variety of government strategies designed to enhance opportunities for underprivileged groups. By tracing the trajectory of socialjustice from the colonial period to the present, this book examines how it informs ideas, practices and debates on discrimination and disadvantage today. After outlining the historical context for reservations for scheduled castes and scheduled tribes that began under (...) British colonial rule, the book examines the legal and moral strands of demands raised by newer groups since 1990. In addition the book shows how the development of quota policies has been significantly influenced by the nature and operation of democracy in India. It describes the recent proliferation of quota demands for reservations in higher education, private sector and for women and religious minorities in legislative assemblies. The book goes on to argue that while proliferation of demands address unequal incidence of poverty, deprivation and inequalities across social groups and communities, care has to be taken to ensure that existing justifications for quotas for discriminated groups due to caste hierarchies are not undermined. Providing a rich historical background to the subject, the book is a useful contribution to the study on the evolution of multiple conceptions of socialjustice in contemporary India. (shrink)
A collection of articles on the the principles of socialjustice from an Australian Catholic perspective. Contents: Forward (Archbishop Philip Wilson), Introduction (James Franklin), The right to life (James Franklin), The right to serve and worship God in public and private (John Sharpe), The right to religious formation (Richard Rymarz), The right to personal liberty under just law (Michael Casey), The right to equal protection of just law regardless of sex, nationality, colour or creed (Sam Gregg), The right (...) to freedom of expression (Damian Grace), The right to choose and freely maintain a state of life, married or single, lay or religious (Marita Winters), The right to education (Anthony Cleary), The right to petition government for the redress of grievances (Paul Russell), The right to a nationality (Andrew Hamilton), The right to have access to the means of livelihood, by migration when necessary (Brenda Hubber), The right of association and peaceful assembly (Michael Hogan), The right to work and choose one's occupation (Ian Blandthorn), The right to personal ownership, use and disposal of property subject to the right of others (Brian Coman), The right to a living wage (Garrick Small), The right to collective bargaining (Keith Harvey), The right to associate by industries and professions to obtain economic justice (Henrik Jurisevic), The right to assistance from society, if necessary from the State, in distress of persons and family (Catherine Althaus), Afterword (James Franklin). (shrink)
Religion is a deriving force for social change in India since ancient times. Although we boast about ancient Indian ideals of social stratification, which made a long lasting discrimination within society, and most of the times we do not do any justice to social-political life of a billion peoples. The study of the relation between religion and politics showed that this relation always made a problematic situation for the indigenous people and always benefitted invaders. The idea (...) of the interface or mixing of religion and politics being problematic and potentially dangerous is a byproduct of the rise of secularism, often regarded as one of the hallmarks of modern society. The concept of socialjustice is an important concept for the social-political harmony in present times. Socialjustice denotes the equal treatment of all citizens without any social distinction based on caste, colour, race, religion, sex and so on. It means absence of privileges being extended to any particular section of the society, and improvement in the conditions of backward classes (SCs, STs, and OBCs) and women. Socialjustice is a public and collective good that involves an equitable sharing of the earth’s power, resources and opportunities to enable people individually and collectively to develop their talents to the fullest. Its realisation requires social relations embedded in trust, acceptance, mutuality, reciprocity and solidarity. Under Indian Constitution the use of socialjustice is accepted in wider sense, which includes social and economical justice both. Ancient social structure allows us to see the discrimination made to indigenous people with reference to their socio-political life. These evils not only effects Hindu social order rather it also haunts the social structure of newly established religions in Indian continent. The objective of this paper is to disuses the role of religions in imparting socialjustice to Indian socio-political structure of our society. First we will see the place of religion in society then sees its effect on socio-political order whether it is affirmative or negative which allow us to make any rational conclusion. (shrink)
In my 1990 work – Marxism, Morality, and SocialJustice – I argued for four modifications of Rawls’s principles of socialjustice and rendered a modified version of his theory in four principles, the first of which is the Basic Rights Principle demanding the protection of people’s security and subsistence rights. In both his Political Liberalism and Justice as Fairness Rawls explicitly refers to my version of his theory, clearly accepting three of my four proposed (...) modifications but rejecting the fourth ‐‐ the demand for social and economic democracy – on grounds that it automatically justifies socialism as opposed to capitalism. I argue, contrary to Rawls, that it is not true that this demand automatically picks socialism as the preferablesocioeconomic/political system and that a Social and Economic Democracy Principle demanding workplace and neighborhood democracy is officially neutral between these two systems … although plausible empirical assumptions may, indeed, favor the former. I then significantly elaborate my second version of Rawls’s theory of socialjustice which is composed of the following principles arranged in a very strong order of priority : Basic Rights Principle, Equal Basic Liberties Principle, Fair Equality of Opportunity Principle, Modified Difference Principle, and Social and Economic DemocracyPrinciple. I argue that this elaborated version of the theory – which I call “Justice as Fair Rights” – is better than either Rawls’s original theory or my previous versions of it. (shrink)
This chapter outlines a new theoretical method, which I call “dancing-with,” emerging from the process of writing my dissertation and the book manuscript that followed it. Defined formally, a given theorist X can be said to “dance-with” with a second theorist Y insofar as X “choreographs” an interpretation of Y which is both true to Y and Y’s historical communities, and also meaningful and actionable (i.e. facilitating socialjustice) for X and X’s historical communities. In this pursuit, the (...) method of dancing-with involves both (1) a creative “torsion” of Y’s thought (particularly in the direction of unconscious, embodied and political factors at work in Y’ texts), and (2) a resultant, sympathetic torsion of X’s thought toward Y. In other words, X and Y “meet in the middle,” like two dancers walking onto the dance floor, to explore the promise of a flourishing artistic partnership. In this partnership, each must attend to the way that political meanings are inscribed on the other’s raced/sexed/etc. body, both to react maximally justly, and to maximize the aesthetic movement options that can be brought into play. As the method of dancing-with is thus modeled on an ideal comportment for improvisational social dance (such as the contemporary Latin dance called “salsa”), I envision the end-goal of dancing-with as what I call “poetic socialjustice.” By this, I mean the “poetic justice” of two theorists’ mutually empowering each other for maximal social good. Though this process is admittedly more difficult between some theorists, in part as a function of their respective embodiments and sociohistorical positions, at least a move or two together is always possible. (shrink)
Attempts to justify the special moral status of human beings over other animals face a well-known objection: the challenge of marginal cases. If we attempt to ground this special status in the unique rationality of humans, then it becomes difficult to see why nonrational humans should be treated any differently than other, nonhuman animals. We respond to this challenge by turning to the social contract tradition. In particular, we identify an important role for the concept of recognition in attempts (...) to secure rights through a social contract. Recognition, which involves identifying with or seeing ourselves as others, is the key to establishing the scope of justice, and we argue that this scope extends to all humans—even the so-called marginal cases—but not to other animals. If this is correct, then we have a principled reason for why all humans have certain rights that other animals lack. (shrink)
We are already past the point where climate change mitigation alone does not suffice and major efforts need to be undertaken to adapt agriculture to climate change. As this situation was both foreseeable and avoidable, it is urgent to see that particularly people who have historically contributed the least to climate change do not end up assuming most of the costs. Climate change will have the worst effects on agriculture in the tropical region in the form of droughts, extreme heat (...) waves and massive storms. The historical unequal contributions to climate change and its unjustly distributed consequences morally oblige us to distribute global adaptation costs fairly. Yet to have a full understanding of the social implications of adapting to climate change we need to look beyond making adaptation technologies accessible and available. Using a socialjustice framework, I defend fair prices of adaptation technologies as a demand of justice in exchange, an allocation of research attention proportional to urgent global needs as distributive justice, inclusive technology development and governance as contributive justice and addressing the interests of future generations as intergenerational justice. (shrink)
This article challenges the use of social deprivation as a punishment, and offers a preliminary examination of the human rights implications of exile and solitary confinement. The article considers whether a human right against coercive social deprivation is conceptually redundant, as there are recognised rights against torture, extremely cruel, inhumane, or degrading treatment as well as rights to basic health care, education, and security, which might encompass what this right protects. The article argues that the right is not (...) conceptually redundant, but that, even if it were, there would be significant reasons to articulate it. (shrink)
In this new post-genomic age of medicine and biomedical technology, there will be novel approaches to understanding disease, and to finding drugs and cures for diseases. Hundreds of new “disease genes” thought to be the causative agents of various genetic maladies will be identified and added to the list of hundreds of such genes already identified. Based on this knowledge, many new genetic tests will be developed and used in genetic screening programs. Genetic screening is the foundation upon which reproductive (...) technologies such as pre-natal diagnosis (PND) and preimplantation genetic diagnosis (PGD) are based. Genetic information arising from the human genome may also be used in attempts to redesign the human genetic inheritance by engineering the human germline (germline engineering). In each of these technologies—PND, PGD, and germline engineering—there are serious ethical and social concerns. Moreover, all three are eugenic in nature because they strive to control which genes are passed down to future generations. The goals of this article are threefold: 1) to introduce the science behind the three technologies; 2) to give a brief overview of eugenics in the past century and show how these genetic technologies are eugenic; and 3) to present a vision of socialjustice that rejects the genetic determinism upon which eugenics is based and embraces a holistic, ecological view of nature and humanity. (shrink)
Peter Corning: The Fair Society: The science of human nature and the pursuit of socialjustice Content Type Journal Article Category Review Essay Pages 1-8 DOI 10.1007/s10539-011-9304-0 Authors Holly Lawford-Smith, Centre for Applied Ethics and Public Philosophy, Charles Sturt University, Canberra, Australia Journal Biology and Philosophy Online ISSN 1572-8404 Print ISSN 0169-3867.
The growing epidemic of allergy and allergy-induced asthma poses a significant challenge to population health. This article, written for a target audience of policy-makers in public health, aims to contribute to the development of policies to counter allergy morbidities by demonstrating how principles of socialjustice can guide public health initiatives in reducing allergy and asthma triggers. Following a discussion of why theories of socialjustice have utility in analyzing allergy, a step-wise policy assessment protocol formulated (...) on Rawlsian principles of socialjustice is presented. This protocol can serve as a tool to aid in prioritizing public health initiatives and identifying ethically problematic policies that necessitate reform. Criteria for policy assessment include: 1) whether a tentative public health intervention would provide equal health benefit to a range of allergy and asthma sufferers, 2) whether targeting initiatives towards particular societal groups is merited based on the notion of ‘worst-off status’ of certain population segments, and 3) whether targeted policies have the potential for stigmatization. The article concludes by analyzing three examples of policies used in reducing allergy and asthma triggers in order to convey the general thought process underlying the use of the assessment protocol, which public health officials could replicate as a guide in actual, region-specific policy development. (shrink)
The works of the later Wittgenstein resonate with aspects of the pragmatist tradition in American philosophy. Davidson’s work is similarly informed. We argue that because of their association with the pragmatist tradition, their work can be put to use by philosophers interested in socialjustice issues, including, for example, feminism, and critical race theory. Philosophers concerned with socialjustice continue to struggle between the extremes of an untenable foundationalism and a radical relativism. Given their holistic understanding (...) of knowledge, meaning and communication, the work of Wittgenstein and Davidson is particularly suited to dissolving the foundationalist/relativist dichotomy. We explore how this and other features of their work facilitates philosophy for social change. (shrink)
In late 2012, Hurricane Sandy hit the East Coast of the U.S., causing much suffering and devastation. Those who could have easily helped Sandy’s victims had a duty to do so. But was this a rightfully enforceable duty of justice, or a non-enforceable duty of beneficence? The answer to this question is often thought to depend on the kind of help offered: the provision of immediate bodily services is not enforceable; the transfer of material resources is. I argue that (...) this double standard is unjustified, and defend a version of what I call “Social Samaritanism.” On this view, within political communities, the duty to help the needy—whether via bodily services or resource transfers—is always an enforceable demand of justice, except when the needy are reckless; across independent political communities, it is always a matter of beneficence. I defend this alternative double standard, and consider its implications for the case of Sandy. (shrink)
This paper argues that societal duties of health promotion are underwritten (at least in large part) by a principle of beneficence. Further, this principle generates duties of justice that correlate with rights, not merely “imperfect” duties of charity or generosity. To support this argument, I draw on a useful distinction from bioethics and on a somewhat neglected approach to social obligation from political philosophy. The distinction is that between general and specific beneficence; and the approach from political philosophy (...) has at times been called equality of concern. After clarifying the distinction and setting out the basis of the equality of concern view, I argue that the result is a justice-based principle of “specific” beneficence that should be reflected in a society’s health policy. I then draw on this account to criticize, refine, and extend some prominent health care policy proposals from the bioethics literature. (shrink)
The focus of this article is on the place of the limited-liability joint stock corporation in a satisfactory account of socialjustice and, more specifically, the question of how such corporations should be regulated and taxed in order to secure socialjustice. -/- Most discussion in liberal political philosophy looks at state institutions, on the one hand, and individuals, on the other hand, without giving much attention to intermediate institutions such as corporations. This is in part (...) a consequence of a certain degree of idealization in terms of the background model of society with which such theories operate. Intermediate institutions are in an important sense optional or discretionary, and one would be hampering an account of justice if it built-in from the start particular kinds of institutions which we could imagine doing without. The only non-state institution that has received adequate attention in political philosophy is the nuclear family, in part because of its pervasiveness and resilience. But the corporation is probably second only to the family in its significance, in terms of its effects on the lives of individuals, and yet has been left without adequate attention. (shrink)
Extreme inequality of opportunity leads to a number of social tensions, inefficiencies and injustices. One issue of increasing concern is the effect inequality is having on people’s fair chances of attaining meaningful work, thus limiting opportunities to make a significant positive contribution to society and reducing the chances of living a flourishing life and developing their potential. On a global scale we can observe an increasingly uneven provision of meaningful work, raising a series of ethical concerns that need detailed (...) examination. The aim of this article is to explore the potential of a normative framework based upon the idea of contributive justice to defend a fairer provision of meaningful work. (shrink)
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 socialjustice. 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)
Within the United States, the most prominent justification for criminal punishment is retributivism. This retributivist justification for punishment maintains that punishment of a wrongdoer is justified for the reason that she deserves something bad to happen to her just because she has knowingly done wrong—this could include pain, deprivation, or death. For the retributivist, it is the basic desert attached to the criminal’s immoral action alone that provides the justification for punishment. This means that the retributivist position is not reducible (...) to consequentialist considerations nor in justifying punishment does it appeal to wider goods such as the safety of society or the moral improvement of those being punished. A number of sentencing guidelines in the U.S. have adopted desert as their distributive principle, and it is increasingly given deference in the “purposes” section of state criminal codes, where it can be the guiding principle in the interpretation and application of the code’s provisions. Indeed, the American Law Institute recently revised the Model Penal Code so as to set desert as the official dominate principle for sentencing. And courts have identified desert as the guiding principle in a variety of contexts, as with the Supreme Court’s enthroning retributivism as the “primary justification for the death penalty.” While retributivism provides one of the main sources of justification for punishment within the criminal justice system, there are good philosophical and practical reasons for rejecting it. One such reason is that it is unclear that agents truly deserve to suffer for the wrongs they have done in the sense required by retributivism. In the first section, I explore the retributivist justification of punishment and explain why it is inconsistent with free will skepticism. In the second section, I then argue that even if one is not convinced by the arguments for free will skepticism, there remains a strong epistemic argument against causing harm on retributivist grounds that undermines both libertarian and compatibilist attempts to justify it. I maintain that this argument provides sufficient reason for rejecting the retributive justification of criminal punishment. I conclude in the third section by briefly sketching my public health-quarantine model, a non-retributive alternative for addressing criminal behavior that draws on the public health framework and prioritizes prevention and socialjustice. I argue that the model is not only consistent with free will skepticism and the epistemic argument against retributivism, it also provides the most justified, humane, and effective way of dealing with criminal behavior. (shrink)
Like American politics, the academic debate over justice is polarized, with almost all theories of justice falling within one of two traditions: egalitarianism and libertarianism. This book provides an alternative to the partisan standoff by focusing not on equality or liberty, but on the idea that we should give people the things that they deserve. Mulligan argues that a just society is a meritocracy, in which equal opportunity prevails and social goods are distributed strictly on the basis (...) of merit. That gives citizens their just deserts. In addition to its novel conceptual approach, meritocracy is distinctive from existing work in two ways. First, it is grounded in research on how people actually think about justice. Empirical research reveals that people don't think that social goods should be distributed equally. Nor do they dismiss the idea of socialjustice. Across ideological and cultural lines, people want rewards to reflect merit. Second, the book discusses hot-button political issues and makes concrete policy recommendations. These issues include anti-meritocratic bias against women and racial minorities and the United States’ widening economic inequality. Justice and the Meritocratic State offers a new theory of justice and provides solutions to our most vexing social and economic problems. It will be of keen interest to philosophers, economists, and political theorists. (shrink)
One of the main challenges faced by realists in political philosophy is that of offering an account of authority that is genuinely normative and yet does not consist of a moralistic application of general, abstract ethical principles to the practice of politics. Political moralists typically start by devising a conception of justice based on their pre-political moral commitments; authority would then be legitimate only if political power is exercised in accordance with justice. As an alternative to that dominant (...) approach I put forward the idea that upturning the relationship between justice and legitimacy affords a normative notion of authority that does not depend on a pre-political account of morality, and thus avoids some serious problems faced by mainstream theories of justice. I then argue that the appropriate purpose of justice is simply to specify the implementation of an independently grounded conception of legitimacy, which in turn rests on a context- and practice-sensitive understanding of the purpose of political power. (shrink)
This article starts off with a historical section showing that deep disagreements among notions of social and political justice are a characteristic feature of the history of political thought. Since no agreement or consensus on distributive justice is possible, the article argues that political philosophers should – instead of continuously proposing new normative theories of justice – focus on analyzing the reasons, significance, and consequences of such kinds of disagreements. The next two sections are analytical. The (...) first sketches five possible reasons for deep disagreements among notions of social and political justice. The second discusses the meta-ethical relevance of the lack of consensus on justice and rejects ethical realism and cognitivism based on the argument from deep disagreements. (shrink)
Within the United States, the most prominent justification for criminal punishment is retributivism. This retributivist justification for punishment maintains that punishment of a wrongdoer is justified for the reason that she deserves something bad to happen to her just because she has knowingly done wrong—this could include pain, deprivation, or death. For the retributivist, it is the basic desert attached to the criminal’s immoral action alone that provides the justification for punishment. This means that the retributivist position is not reducible (...) to consequentialist considerations nor in justifying punishment does it appeal to wider goods such as the safety of society or the moral improvement of those being punished. A number of sentencing guidelines in the U.S. have adopted desert as their distributive principle, and it is increasingly given deference in the “purposes” section of state criminal codes, where it can be the guiding principle in the interpretation and application of the code’s provisions. Indeed, the American Law Institute recently revised the Model Penal Code so as to set desert as the official dominate principle for sentencing. And courts have identified desert as the guiding principle in a variety of contexts, as with the Supreme Court’s enthroning retributivism as the “primary justification for the death penalty.” While retributivism provides one of the main sources of justification for punishment within the criminal justice system, there are good philosophical and practical reasons for rejecting it. One such reason is that it is unclear that agents truly deserve to suffer for the wrongs they have done in the sense required by retributivism. In the first section, I explore the retributivist justification of punishment and explain why it is inconsistent with free will skepticism. In the second section, I then argue that even if one is not convinced by the arguments for free will skepticism, there remains a strong epistemic argument against causing harm on retributivist grounds that undermines both libertarian and compatibilist attempts to justify it. I maintain that this argument provides sufficient reason for rejecting the retributive justification of criminal punishment. I conclude in the third section by briefly sketching my public health-quarantine model, a non-retributive alternative for addressing criminal behavior that draws on the public health framework and prioritizes prevention and socialjustice. I argue that the model is not only consistent with free will skepticism and the epistemic argument against retributivism, it also provides the most justified, humane, and effective way of dealing with criminal behavior. (shrink)
This paper is based on the assumption that the high incomes of some professional sports athletes, such as players in professional leagues in the United States and Europe, pose an ethical problem of socialjustice. I deal with the questions of what should follow from this evaluation and in which ways those incomes should be regulated. I discuss three different options: a) the idea that the incomes of professional athletes should be limited, b) the idea that they should (...) be vastly taxed by the state, and c) the idea that there is a moral obligation for the athletes to spend portions of their incomes on good causes. I will conclude that in today’s circumstances there are good reasons to advocate both option one (limitation) and option two (taxation), but that priority should be given to taxation. (shrink)
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.
I propose, defend and illustrate a principle of gender justice meant to capture the nature of a variety of injustices based on gender: A society is gender just only if the costs of a gender-neutral lifestyle are, all other things being equal, lower than, or at most equal to, the costs of gendered lifestyles. The principle is meant to account for the entire range of gender injustice: violence against women, economic and legal discrimination, domestic exploitation, the gendered division of (...) labor and gendered socialization. The sense of “costs” employed is similarly wide. Costs can be material , psychological and social . I defend the principle by appeal to the values at the core of liberal egalitarian justice: equality of access and the good of individual choice. I illustrate my case through a discussion of the injustice of a gendered division of labor. Some feminists doubt that liberal egalitarianism has the theoretical resources to recognize the unjust nature of the gendered division of labor. I argue that it does. If the principle advanced here is correct, then gender injustice is pervasive. At the same, it does not affect only women but also men. Liberal egalitarianism is capable of acknowledging this fact without denying that, overall, gender norms oppress women more than they oppress men: Arguably, women who wish to lead a gender-neutral lifestyle have to pay higher costs that men who wish to do the same. (shrink)
Many suggest that we should look backward and measure the differences among various parties' past emissions of greenhouse gases to allocate moral responsibility to remedy climate change. Such backward-looking approaches face two key objections: that previous emitters were unaware of the consequences of their actions, and that the emitters who should be held responsible have disappeared. I assess several arguments that try to counter these objections: the argument from strict liability, arguments that the beneficiary of harmful or unjust emissions should (...) pay, and arguments from distributive justice. I argue that none of these successfully justify a backward-looking approach to the temporally remote portion of the climate burden. (shrink)
I provide an alternative to the two prevailing accounts of justice in immigration policy, the free migration view and the state discretion view. Against the background of an internationalist conception of domestic and global justice that grounds special duties of justice between co-citizens in their shared participation in a distinctive scheme of social cooperation, I defend three principles of justice to guide labor immigration policy: the Difference Principle, the Duty of Beneficence, and the Duty of (...) Assistance. I suggest how these principles are to be applied in both ideal and nonideal circumstances. Finally, I argue that the potential conflict between these principles has often been overstated, and propose priority rules for genuine cases of conflict. (shrink)
Household debt has been widely discussed among social scientists, policy makers, and activists. Many have questioned the levels of debt households are required to take on, and have made various proposals for assisting households in debt. Yet theorists of distributive justice have left household debt underexamined. This article offers a normative examination of the distributive justice issues presented by proposals to relieve household debt or protect households from overindebtedness. I examine two goals at which debt relief proposals (...) aim: remedying disadvantage and stabilizing expectations. I then examine strategies for relieving existing debts such as debt abolition, forgiveness, bankruptcy, and mitigation, as well as strategies that aim to prevent future indebtedness, such as public provision or financing of costly goods and credit or interest rate regulations. (shrink)
Should the state punish its disadvantaged citizens who have committed crimes? Duff has recently argued that where disadvantage persists the state loses its authority to hold individuals to account and to punish for criminal wrongdoings. I here scrutinize Duff’s argument for the claim that socialjustice is a precondition for the legitimacy of state punishment. I sharpen an objection to Duff’s argument: with his framework, we seem unable to block the implausible conclusion that where disadvantage persists the state (...) lacks the authority to punish any citizen for any crime. I then set out an alternative line of argument in support of the claim that social deprivation can threaten the states legitimate punitive authority. I argue that a penal system must incorporate certain proportionality principles, and that these principles cannot both be met where citizens suffer from deprivation. (shrink)
Historically, the concept of androgyny has been as problematic as it has been appealing to Western progressives. The appeal clearly includes, inter alia, the opportunity to abandon or ameliorate certain identities. As for the problematic dimension, the central problem seems to be the reduction of otherness to the norms of straight white middle/upper-class Western cismen, particularly because of the consequent worsening of actual others’ marginalization and exclusion from social institutions. Despite these problems, I wish to suggest that androgyny—as evidenced (...) by the enthusiasm felt for it by many Westerners—bespeaks something larger and more important than the concept itself, and that modified conception of it might be helpful in pursuit of socialjustice. (shrink)
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