The following theses are defended. Conflict has importantly valuable functions, but we obviously need to limit its destructiveness. The efficacy of reasoning together in resolving or restraining conflict is limited; it needs to be supplemented by procedures such as negotiation, compromise, and voting. Despite the urgency of justice, when the resolution or limitation of a conflict needs to be negotiated, the best attainable outcome will often not seem completely just to all parties, and some claims of justice, as seen by (...) the parties, may need to be subordinated to other moral considerations. (shrink)

The review argues that Lovett’s theory of domination suffers from a problem. Lovett is aware of the problem and bites a fairly large bullet in response to it. What he does not seem aware of is that the problem can be avoided by opting for an account of welfare that he unfortunately ignores, despite the fact that it would serve his purposes well.

This paper systematically extends John Rawls' original position to nonideal theory, showing how parties to a "nonideal original position" ought to prioritize four "nonideal primary goods" over Rawls' principles and priority relations, and then agree to five lexically ordered principles of nonideal theory for distributing those goods. Finally, these five principles are shown to fare very well in reflective equilibrium, cohering with a number of pretheoretic moral intuitions.

Many assert that affluent countries have contributed in the past to poverty in developing countries through wars of aggression and conquest, colonialism and its legacies, the imposition of puppet leaders, and support for brutal dictators and venal elites. Thomas Pogge has recently argued that there is an additional and, arguably, even more consequential way in which the affluent continue to contribute to poverty in the developing world. He argues that when people cooperate in instituting and upholding institutional arrangements that foreseeably (...) result in more severe or more widespread poverty or human rights deficits than would foreseeably result under feasible alternative arrangements, they are contributors to these harms. Because of this, he argues, they have stringent, contribution-based (or negative) duties to address this poverty. We will call this the ‘Feasible Alternatives Thesis' (FAT), and our aim in this article is to examine it critically. (shrink)

Abstract Deliberative democracy is often celebrated and endorsed because of its promise to include, empower, and emancipate otherwise oppressed and excluded social groups through securing their voice and granting them impact in reasoned public deliberation. This article explores the ability of Habermas’ theory of deliberative democracy to accommodate the demands of historically excluded social groups in democratic plural societies. It argues that the inclusive, transformative, and empowering potential of Habermas’ theory of deliberative democracy falters when confronted with particular types of (...) historical injustices. It falters because it pays little attention to the historical dimension of injustices and the demands to which it gives rise. The historical dimension of longstanding injustices, it is argued, gives rise to a set of distinctive demands, such as collective memory of exclusion, acknowledgement of historical injustices, taking responsibility, and offering apology and reparations for causing these injustices, which go beyond the type of democratic inclusion that is often offered by deliberative democracy. Yet, the solution is not to abandon the model of deliberative democracy. Quite the contrary, it remains a valuable basis for forward-looking political decision making. The article concludes that in order to achieve inclusive, empowering and transformative deliberation in consolidated democracies that have experienced historical injustices, the politics of reconciliation is indispensable. Content Type Journal Article Pages 1-17 DOI 10.1007/s11158-011-9163-1 Authors Bashir Bashir, The Department of Political Science, Hebrew University of Jerusalem, Mount Scopus, 91905 Jerusalem, Israel Journal Res Publica Online ISSN 1572-8692 Print ISSN 1356-4765. (shrink)

Frankfurt argues that there are two categories of needs that are at least prima facie morally important (relative to other claims). In this paper I examine Frankfurt's suggestion that two categories of needs, namely, nonvolitional and constrained volitional needs, are eligible for (at least prima facie) moral importance. I show both these categories to be defective because they do not necessarily meet Frankfurt's own criteria for what makes a need morally important. I suggest a further category of needs as being (...) a more promising 'moral importance indicator'. -/- . (shrink)

This paper argues that Leif Wenar's theory of reparations is not purely forward-looking and that backward-looking considerations play an important role: if there had never been a past injustice, then reparations for the future cannot be acceptable. Past injustice compose the first part of a two-tiered theory of reparations. We must first discover a past injustice has taken place: reparations are for the repair of previous damage. However, for Wenar, not all past injustices warrant reparations. Once we have first passed (...) the initial test of demonstrating a past injustice has taken place, we then determine whether or not to finally accept reparations based upon forward-looking considerations. What is important to note is that this decision to award reparations is based upon forward-looking considerations, but only after first satisfying the test of a past injustice. Thus, backward-looking considerations make up an important first part of Wenar's two-tiered theory of reparations. It is not my argument that this theory is unsafe and I find Wenar's arguments both novel and highly compelling. However, the view that this theory is forward-looking -- and not backward-looking -- is not entirely accurate. My brief reply corrects this part of an important new theory of reparations in the hope of strengthening its persuasive power. (shrink)

Introduction ADAM CURETON AND KIMBERLEY BROWNLEE Disability and disadvantage are interrelated topics that raise important and sometimes overlooked issues in ...

Should an institutional scheme prioritize the rectification or compensation of harms it has wrongfully caused over provision of aid to persons it has not harmed? Some who think so rely on an analogy with the view that persons should give higher priority to rectification than to aid. Inference from the personal view to the institutional view would be warranted if either (i) the correct moral principles for institutional assessment are nearest possible equivalents of the correct personal moral principles, or (ii) (...) the moral principles which ground the personal view also ground the institutional view. Neither claim can be justified. I briefly assess some alternative ways of defending the view that institutions should prioritize rectification over aid. (shrink)

I begin this chapter by outlining Mill's thinking about why justice is a problem for utilitarians. Next, I turn to Mill's own account of justice and explain its connection with rights, perfect duties, and harms. I then examine David Lyons' answer to the question of how Mill's account is meant to answer the Weak Objection from Justice. Lyons maintains that Mill's account of justice has both a conceptual side and a substantive side. The former provides an analysis of such concepts (...) as 'justice' and 'rights'. The latter, based on the Principle of Utility, provides an explanation of when these concepts apply. As a result, utilitarians can allow for circumstances in which actions are wrong because they are unjust, while also claiming that the standards of right and wrong (as well as justice and injustice) are determined by the Principle of Utility. However, the main thesis of this paper is that Lyons' interpretation is flawed. The distinction between the conceptual and the substantive levels of Mill's thinking does not hold up to scrutiny, and even if it did, it would not support Lyon's reading of Mill. It would instead support a debunking interpretation of justice, an interpretation recently explored by Roger Crisp. Such a debunking interpretation suggests a very different response to the Weak Objection from Justice, one that many, but not all, utilitarians will find unwelcome. (shrink)

In this paper I analyze interpersonal and institutional recognition and discuss the relation of different types of recognition to various principles of social justice (egalitarianism, meritarianism, legitimate favouritism, principles of need and free exchange). Further, I try to characterize contours of good autonomous life, and ask what kind of preconditions it has. I will distinguish between five kinds of preconditions: psychological, material, cultural, intersubjective and institutional. After examining what the role of recognition is among such preconditions, and how they figure (...) in the work of Axel Honneth, Nancy Fraser and Charles Taylor, I suggest a somewhat complex and hopefully rich picture of interpersonal and institutional recognition as a precondition of autonomous good life. (shrink)

Peter Corning: The Fair Society: The science of human nature and the pursuit of social justice 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 suggestion that philosophers are responsible for global warming seems, on the face of it, absurd. However, that we might cause global warming has been known for over a century. If we had had in existence a more rigorous kind of academic inquiry devoted to promoting human welfare, giving priority to problems of living, humanity might have become aware of the dangers of global warming long ago, and might have taken steps to meet these dangers decades ago. That we do (...) not have academic inquiry of this type, giving priority to problems of living and able to warn humanity of the impending disaster of global warming, is the result of a philosophical mistake – a mistake about what constitutes rigorous intellectual inquiry. This is a mistake of philosophers. Thus philosophers, in failing to grasp the profound intellectual and humanitarian failings of academia as it is at present organized (the outcome of implementing a seriously defective philosophy of inquiry) can perhaps be said to be responsible for global warming. (shrink)

Political liberalism, conceived of as a response to the diversity of conceptions of the good in multicultural societies, aims to put forward a proposal for how to organize political institutions that is acceptable to a wide range of citizens. It does so by remaining neutral between reasonable conceptions of the good while giving all citizens a fair opportunity to access the offices and positions which enable them to pursue their own conception of the good. Public educational institutions are at the (...) center of the state’s attempt to foster both of these commitments. I argue that recent empirical research on the role that non-cognitive dispositions (such as assertiveness) play in enabling students to have access to two important primary goods – opportunities for higher education and desirable jobs – creates a distinctive challenge for a liberal egalitarian education in remaining neutral with respect to conceptions of the good while promoting equal opportunity. (shrink)

This review essay on three recent books on John Rawls’s theory of justice, by Catherine Audard, Samuel Freeman, and Thomas Pogge, describes the great boon they offer serious students of Rawls. They form a united front in firmly and definitively rebuffing Robert Nozick’s libertarian critique, Michael Sandel’s communitarian critique, and more generally critiques of “neutralist liberalism,” as well as in affirming the basic unity of Rawls’s position. At a deeper level, however, they diverge, and in ways that, this essay suggests, (...) go astray on subtle questions of interpretation: Freeman overemphasizes reciprocity, Pogge miscasts Rawls as a consequentialist, and Audard exaggerates the Kantian aspect of Rawls’s core, continuing commitment to “doctrinal autonomy.”. (shrink)

In an article published in Prolegomena 2006, Christoph Schmidt-Petri has defended his interpretation and attacked mine of Mill’s idea that higher kinds of pleasure are superior in quality to lower kinds, regardless of quantity. Millian qualitative superiorities as I understand them are infinite superiorities. In this paper, I clarify my interpretation and show how Schmidt-Petri has misrepresented it and ignored the obvious textual support for it. As a result, he fails to understand how genuine Millian qualitative superiorities determine the novel (...) structure of Mill’s pluralistic utilitarianism, in which a social code of justice that distributes equal rights and duties takes absolute priority over competing considerations. Schmidt-Petri’s own interpretation is a non-starter, because it does noteven recognize that Mill is talking about different kinds of pleasant feelings, such that the higher kinds are intrinsically more valuable than the lower. I conclude by outlining why my interpretation is free of any metaphysical commitment to the “essence” of pleasure. (shrink)

This is a constructive response to a 2008 article by Kok-Chor Tan. It outlines a version of democratic egalitarianism to complement, rather than compete against, luck egalitarianism. The concepts of autonomy and domination are used to elaborate democratic equality, and I suggest a broadening in the understandings of distributive justice; of why distributive justice matters; and of the concepts of grounding and substantive principles (in relation to distributive justice).

Reasonable people disagree about what is just. Why? This itself is an item over which reasonable people disagree. Our analyses of justice (like our analyses of knowledge, free will, meaning, etc.) all have counterexamples. Why? In part, the problem lies in the nature of theorizing itself. A truism in philosophy of science: for any set of data, an infinite number of theories will fit the facts. So, even if we agree on particular cases, we still, in all likelihood, disagree on (...) how to pull those judgments together to form a theory. Theorizing per se does not produce consensus. Why not? An argument is sound or not. So why isn’t a theory compelling to all of us, if sound, or none of us, if not? (shrink)

Replying to my earlier article `Translucency, Assortation, and Information Pooling: How Groups Solve Social Dilemmas', Robert Goodin examines the normative implications of the rule `cooperate with those whose inclusion benefits the larger scheme of cooperation', and gives several reasons for why the conversion of justice into a club good is normatively unappealing. This reply to Goodin discusses whether the rule leads to an exclusion of poor agents, whether a group should hire agents to detect free-riders, and how a group should (...) deal with naive cooperators. The rule can be defended as an enforcement mechanism in some cases, but it is normatively unappealing as a theory of justice. Key Words: club • public good • cooperation • justice • exclusion • Donald Regan. (shrink)

Mark Rowlands argues that, contrary to the dominant view, a Rawlsian theory of justice can legitimately be applied to animals. One of the implications of doing so, Rowlands argues, is an end to animal experimentation. I will argue, contrary to Rowlands, that under a Rawlsian theory there may be some circumstances where it is justifiable to use animals as experimental test subjects (where the individual animals are benefited by the experiments).

The provocative essays in this volume respond to Foucault's call to question what is regarded as natural, inevitable, ethical, and liberating, while they ...