The issue of justice after catastrophe is an enormous challenge to contemporary theories of distributive justice. In the past three decades, the controversy over distributive justice has centered on the ideal of equality. One of intensely debated issues concerns what is often called the “equality of what,” on which there are three primary views: welfarism, resourcism, and the capabilities approach. Another major point of dispute can be termed the “equality or another,” about which three positions debate: egalitarianism, prioritarianism, and sufficientarianism. (...) On these topics of distributive justice, authors are concerned with the current difference between the better-off and the worse-off or the present situation of the badly-off. By contrast, it is essential to take account of the past distribution of well-being as well as the present situation in order to explore questions of post-catastrophe justice. Without looking at the pre-disaster distribution of income, preference satisfaction, or basic capabilities among affected people, no present assessment of the damage caused by the disaster could be correct and no proposed remedy adequate. It is true that luck egalitarians assess the current distribution among people by referring to the decision that each individual made. Yet they pay scant attention to the situation in which each one stayed in the past. Therefore, we can legitimately say that most theorists of distributive justice, including luck egalitarians, have failed to give consideration to the past state of each person. -/- To fill this gap in the literature, the present article explores philosophical questions that arise when we take account of each person’s past and present situations in discussing distributive justice regarding public compensation and assistance to survivors and families of victims of natural and industrial disasters. In addressing these novel questions, I develop and refine various concepts, ideas, and arguments that have been presented in the study of distributive justice in normal settings. I tackle two tasks, the first of which is to explore the foundation and scope of luck egalitarianism. Despite the moral appeal it has in many cases, luck egalitarianism has attracted the so-called harshness objection. Some luck egalitarians attempt to avoid this objection in a pragmatic way by combining the luck egalitarian doctrine with the principle of basic needs satisfaction. However, they do not provide any systematic rationale for this combination. In contrast with such pragmatic responses, I seek to offer a principled argument for holding individuals responsible for their choices only when their basic needs are met, by invoking the ideas of respect for human voluntariness and rescue of human vulnerability. Based on this argument, I propose a form of responsibility-sensitive theory, which considers the pre-disaster distribution of well-being as a default position. The second task I take on is to refine sufficientarianism in the context of post-catastrophe justice. Luck egalitarianism with boundaries set by the basic needs principle seems to indicate the potential for sufficientarianism. But major proponents of this view conceive the welfarist assumption, a considerably high standard of well-being, and the controversial treatment of persons staying below the threshold, all of which seem problematic in the post-disaster situation. I try to construct a new version of sufficientarianism by replacing these current features with more robust ones. (shrink)

It is crucial for indigenous people living in the Arctic to harvest animals by hunting in a traditional manner, as is the case with such peoples in other parts of the world. Given the nutritional, economic, and cultural importance of hunting for aboriginal people, it seems reasonable to say that they have the moral right to hunt animals. On the other hand, non-aboriginal people are occasionally prohibited from hunting a particular species of animal in many societies. The question then arises: (...) why can aboriginal people, unlike other citizens, have special hunting rights? If indigenous people are to have the right to hunt a particular species that other citizens are denied, then it presents a significant challenge to philosophers to explore the moral grounds that justify such a special right. This exploration is the subject of the current paper. (shrink)

In the past decade, a growing number of authors, notably Thomas Pogge, have maintained that citizens in economically advanced societies are responsible for extreme and extensive poverty in the developing world. Iris Marion Young proposed the social connection model of responsibility, which asserts that these citizens participate in networks that give rise to global structural injustices. While Pogge’s argument for the existence of citizens’ responsibility has been the subject of widespread debate, few efforts have been made to scrutinise the solidity (...) of Young’s perspective. To plug this gap in the literature, this paper assesses the pertinence of Young’s view. A more traditional view than those of Pogge and Young considers poverty as indicating a lack of respect for the human rights of those living in less-developed countries. Rights theorists of global justice, however, have paid scant attention to philosophical observations concerning redistribution within the borders of a society. To remedy this shortcoming, this paper endeavours to develop the theory that citizens in affluent societies bear a duty correlative to the subsistence right of the global needy, by exploring sufficientarianism, which is one of the primary views on domestic redistribution. To begin with, I make a distinction between the responsibility-based theory and the right-based theory of global justice. This is followed by a close examination of Young’s social connection model as a significant version of the former position. I then offer a right-based argument that invokes the sufficientarian idea of the human right to live above the threshold of safe and healthy subsistence. (shrink)

Among various views on intergenerational justice, the most widely accepted theory invokes the rights of future generations. However, the rights theory seems to suffer from the non-identity problem addressed by Derek Parfit. Some rights theorists attempt to circumvent the problem by examining causal links between actions taken by preceding generations and their effects on succeeding ones. Others try to do so by replacing future individual rights with such collective rights. This paper argues that both individualist and collectivist versions of the (...) rights theory fail to supply grounds for intergenerational concern. The paper then offers an alternative theory that refines the idea of duty of fair play developed by John Rawls and applies it to the context of intergenerational relationships. To begin with, I identify several characteristics of posterity and explicate the adverse implications these characteristics have for other major theories of intertemporal concern than the rights theory. Next, different versions of the rights theory are closely examined from the perspective of the non-identity problem. Then, I offer an alternative argument for caring about future people, which is founded on the idea of intergenerational fair play. This paper concludes by noting that the fairness theory, unlike its rivals, does not face the non-identity problem or any other problems stemming from the features of posterity previously identified. (shrink)

One of the primary views on our supposed obligation towards our descendants in the context of environmental problems invokes the idea of the rights of future generations. A growing number of authors also hold that the descendants of those victimized by historical injustices, including colonialism and slavery, have the right to demand financial reparations for the sufferings of their distant ancestors. However, these claims of intergenerational rights face theoretical difficulties, notably the non-identity problem. To circumvent this problem in a relationship (...) between present and future generations, some rights theorists replace future individual rights with such collective rights. Others advance the threshold conception of harm in discussing intergenerational relationships in general. Despite the significant implications these revisionist views might have, few efforts have been made to scrutinize their solidity. To plug such a gap in the literature, this paper examines to what extent the collective understanding of intergenerational rights is pertinent. I also explore the virtues and drawbacks of the threshold interpretation of harm. The paper concludes by suggesting that the motivation behind these and other versions of the rights theory suffers from the ambiguity of a traditional dichotomy between perfect and imperfect duties. (shrink)

In newly emerging democracies, succeeding governments have numerous policy tasks for the purpose of developing the free market and the democratic process. In such legal systems, policy-oriented views of law, which regard law as a policy tool for diminishing public problems, seem descriptively pertinent and prescriptively helpful. This is also the case in mature democratic legal systems, where the public problems faced by governments become more and more complex. Policy-directional views of law do not necessarily imply that law is a (...) value-neutral means that can serve any possible political ends. It is widely recognized among legal theorists and practitioners, with notable exceptions represented by exclusive legal positivists, that the law involves moral values, including justice and liberty. In the present essay, I focus on one version of policy-oriented views of law that is based on the fundamental ideals of justice and interest. By sketching out this version, I attempt to shed new light on some concepts and issues in jurisprudence. To begin, I articulate the concept of justice and identify the difficulties that interest-based conceptions of justice encounter, by referring to some classical works. I also make a distinction between different conceptions of interest. Next, the two basic concepts in law — rights and liberty — are explained in terms of justice and interest. Efficiency, which has been largely neglected in traditional jurisprudence notwithstanding its practical significance, is also briefly discussed. Then, I turn to exploring the implications that the law-as-policy theory grounded on justice and interest might have for the foundations of two legal domains: criminal law and laws governing political participation. Some allegations and objections against this theory are described, and responses to them are given. The essay concludes by noting the questions that remain open in this theory. (shrink)

In the transition from a repressive to a democratic society, the successor government faces the problem of how to deal with grave human rights violations such as killings and torture committed under its predecessor. This paper analyzes the dilemma a new government may encounter when it attempts to prosecute and punish those found responsible. On one hand, trials of chargeable officers may be able to prevent human rights abuses in the future and to facilitate instituting or restoring democracy. On the (...) other, in the case that there were no legal rules definitively prohibiting the abuses committed by these officers, the trials require ex post facto laws, which breach the principle of nulla poena sine lege, and more generally violate the rule of law. These retroactive laws not only break legal predictability but treat individuals unfairly. After identifying both the need for, and the legal and political losses incurred by such criminal trials, the author examines the claims that international law resolves the dilemma of retroactive justice or that prosecution is justified as a fulfillment of international obligation. Then the author refers to this dilemma as “dirty hands” to characterize a circumstance in which one cannot avoid using the wrong means to obtain the best ends. Such characterization has normative implications for three aspects of trials: the process of enacting retroactive laws and the process of conducting the trials; the choice of other possible legal remedies; and the principles related to reactions in the international community. (shrink)

One of the primary views on our supposed obligation towards our descendants in the context of environmental problems invokes the idea of the rights of future generations. A growing number of authors also hold that the descendants of those victimized by historical injustices, including colonialism and slavery, have the right to demand financial reparations for the sufferings of their distant ancestors. However, these claims of intergenerational rights face theoretical difficulties, notably the non-identity problem. To circumvent this problem in a relationship (...) between present and future generations, some rights theorists replace future individual rights with such collective rights. Others advance the threshold conception of harm in discussing intergenerational relationships in general. Despite the significant implications these revisionist views might have, few efforts have been made to scrutinize their solidity. To plug such a gap in the literature, this paper examines to what extent the collective understanding of intergenerational rights is pertinent. I also explore the virtues and drawbacks of the threshold interpretation of harm. The paper concludes by suggesting that the motivation behind these and other versions of the rights theory suffers from the ambiguity of a traditional dichotomy between perfect and imperfect duties. (shrink)

Most cosmopolitans who are concerned about world poverty assume that for citizens of affluent societies, justice beyond national borders is a matter of their positive duty to provide aid to distant people suffering from severe poverty. This assumption is challenged by some authors, notably Tomas Pogge, who maintains that these citizens are actively involved in the incidence of poverty abroad and therefore neglect their negative duty of refraining from harming others. This paper examines the extent to which it is pertinent (...) to contend that citizens in economically advanced countries are morally liable for the impoverishment of a sizable population of the developing world. The contention in question can be interpreted in two nonexclusive ways. First, it might imply that historical injustices, including colonialism and slavery, contributed to both contemporary affluence in some parts of the world and poverty in others. Second, it could imply that the present global economic system, instituted and implemented by the governments of rich and powerful countries acting in the name of their citizens, is benefiting the citizens while harming the world’s disadvantaged. The author argues that the idea of reparation for historical injustices suffers from serious philosophical difficulties, including the non-identity problem presented by Derek Parfit, and thus fails to provide a satisfactory approach to the existing problem of poverty. This paper then examines the alleged liability of citizens in affluent countries, with a special reference to empirical observations on the policy process. The paper concludes by suggesting a twofold theory of global justice, which combines material, managerial, and moral assistances for a society lacking a competent government and proposes institutional reforms in the global order in order to achieve poverty reduction. (shrink)

法哲学の「欲張り」な教科書。わかりやすくておもしろく、最新の研究成果を盛り込みながら、日本だけでなく国際的にも通用する標準...

Che 1-pu. Han'guk ŭi kaebyŏk -- 1. Kŭndae Han'guk konggongsŏng ŭi chŏn'gae wa t'aja waŭi yŏndae -- 2. Kŭndae Han'guk siminjŏk konggongsŏng ŭi sŏngnip -- 3. Taejonggyo pŏmt'unggusŭjuŭi wa pop'yŏnjuŭi -- Che 2-pu. Ilbon ŭi kaebyŏk -- 1. Kŭnse Ilbon sasang ŭi Sŏngin'gwan -- 2. Ilbon sinjonggyo ŭi kaebyŏk undong -- 3. Hyŏndae Ilbon ŭi saengmyŏng yŏngsŏng kwa ch'iyu yŏngsŏng -- Che 3-pu. Sirhak ŭi sigak -- 1. 19-segi sirhakcha ŭi Ilbon insik -- 2. Ch'oe Han-gi ŭi chonggyo hoet'ong sasang (...) -- 3. Han'guk, Ilbon, Chungguk e issŏsŏ 'Sinsirhangnon' pigyo -- Che 4-pu. Pigyo ŭi sigak -- 1. Ilbon esŏŭi T'oegye, Yulgok, Tasan yŏn'gu ŭi hŭrŭm -- 2. Ch'oe Han-gi wa Ilbon ŭi konggong sasangga pigyo yŏn'gu -- 3. Tongsŏyang konggongsŏng yŏn'gu wa Han'gukchŏk konggongsŏn. (shrink)

没後20年、いま必要な歴史に裏打ちされた予見力、現実政治に提言する率直さ、道義性と理想主義。.

Akama et al. [1] introduced a hierarchical classification of first-order formulas for a hierarchical prenex normal form theorem in semi-classical arithmetic. In this paper, we give a justification for the hierarchical classification in a general context of first-order theories. To this end, we first formalize the standard transformation procedure for prenex normalization. Then we show that the classes $$\textrm{E}_k$$ and $$\textrm{U}_k$$ introduced in [1] are exactly the classes induced by $$\Sigma _k$$ and $$\Pi _k$$ respectively via the transformation procedure in (...) any first-order theory. (shrink)

Akama et al. [1] systematically studied an arithmetical hierarchy of the law of excluded middle and related principles in the context of first-order arithmetic. In that paper, they first provide a prenex normal form theorem as a justification of their semi-classical principles restricted to prenex formulas. However, there are some errors in their proof. In this paper, we provide a simple counterexample of their prenex normal form theorem [1, Theorem 2.7], then modify it in an appropriate way which still serves (...) to largely justify the arithmetical hierarchy. In addition, we characterize a variety of prenex normal form theorems by logical principles in the arithmetical hierarchy. The characterization results reveal that our prenex normal form theorems are optimal. For the characterization results, we establish a new conservation theorem on semi-classical arithmetic. The theorem generalizes a well-known fact that classical arithmetic is $\Pi _2$ -conservative over intuitionistic arithmetic. (shrink)

専門的な予備知識は仮定せずに完全性定理や計算可能性から論じ、第一および第二不完全性定理、Rosserの定理、Hilbertのプログラム、G ̈odelの加速定理、算術の超準モデル、Kolmogorov複雑性などを紹介して、不完全性定理の数学的意義と、その根源にある哲学的問題を説く。.

Within a weak subsystem of second-order arithmetic , that is -conservative over , we reformulate Kreisel's proof of the Second Incompleteness Theorem and Boolos' proof of the First Incompleteness Theorem.

In this paper, I show that the availability of what some authors have called the weak reading and the strong reading of donkey sentences with relative clauses is systematically related to monotonicity properties of the determiner. The correlation is different from what has been observed in the literature in that it concerns not only right monotonicity, but also left monotonicity (persistence/antipersistence). I claim that the reading selected by a donkey sentence with a double monotone determiner is in fact the one (...) that validates inference based on the left monotonicity of the determiner. This accounts for the lack of strong reading in donkey sentences with MON determiners, which have been neglected in the literature. I consider the relevance of other natural forms of inference as well, but also suggest how monotonicity inference might play a central role in the actual process of interpretation. The formal theory is couched in dynamic predicate logic with generalized quantifiers. (shrink)

We propose a new game to strategically justify the constrained equal awards rule in claims problems. Our game is “procedurally fair” and “multilateral”. In addition, even if claimants cannot reach an agreement in any period, they can renegotiate in the next period. We show that, for each claims problem, the awards vector chosen by the constrained equal awards rule achieved at period 1 is the unique subgame perfect equilibrium outcome of the game.

Cultural values can be considered as important factors that impact parents’ social cognitions and parenting practices. However, few studies compare specific cultural values of parents and the relationships between cultural values and parenting processes in eastern and western contexts. This study examined the ethnicity differences in mothers’ cultural values, parental social cognitions, and parenting practices between Mainland Chinese and European American contexts. Predictors of parenting goals and parenting practices were also investigated. Mothers of 4–6 years old children from the western (...) United States and Shanghai/China participated in this study. The results suggested that mothers from Shanghai/China were both more collectivistic and individualistic than mothers from the western United States. Chinese mothers more strongly endorsed training and collectivistic parenting goals, while European American mothers more strongly endorsed individualistic parenting goals for their children. However, no significant difference was found in parenting practices for both groups of mothers. For both ethnic groups, in general, mothers’ cultural values have small but significant impact on their parenting processes. The prediction of cultural values and parenting goals on parenting practices were also different for both ethnicity groups. Although Chinese mothers were higher on both individualism and collectivism, their collectivistic values were more important in predicting parental social cognitions. (shrink)