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.

In recent years it has often been claimed that policies such as subsidies paid to domestic producers by affluent countries and tariffs on goods produced by foreign producers in poorer countries violate important moral requirements because they do severe harm to poor people, even kill them. Such claims involve an empirical aspect—such policies are on balance very bad for the global poor—and a philosophical aspect—that the causal influence of these policies can fairly be characterized as doing severe harm and killing. (...) In this essay, we examine the philosophical aspect of this issue. We conclude that these policies do not do harm to the poor, but rather enable harm to them in various ways, and explore the moral implications of this fact. (shrink)

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)

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. (shrink)

From Schmidtz, one might expect a theory of justice, basically along libertarian lines. The book may surprise, though not disappoint, for that is not quite what one would find. Instead, the title is apt. Schmidtz says that there is a terrain of justice, the terrain of what people are due, and it has a certain kind of unity.

It is a truism that the design and deployment of information and communication technologies is vital to everyday life, the conduct of work and to social order. But how are individual, organisational and societal choices made? What might it mean to invoke a politics and an ethics of information technology design and use? This editorial paper situates these questions within the trajectory of preoccupations and approaches to the design and deployment of information technology since computerisation began in the 1940s. Focusing (...) upon the dominant concerns over the last three decades, the paper delineates an interest in design and use in relation to socio-technical theories, situated practices and actor-network theory. It is argued that each of these approaches is concerned with a particular form of politics that does not explicitly engage with ethics. In order to introduce ethics into contemporary debates about information technology, and to frame the papers in the special issue, it is argued that Levinas’ ethics is particularly valuable in problematising the relationship between politics and ethics. Levinas provides a critique of modernity’s emphasis on politics and the egocentric self. It is from a Levinasian concern with the Other and the primacy of the ethical that a general rethinking of the relationship between politics, ethics and justice in relation to information and communication technologies can be invoked. (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)

In her valuable book Hiding from humanity: Disgust, shame and the law, Nussbaum says that she reaches many of the same practical conclusions as Mill. But she argues that Mill’s conceptions of liberty, justice, and respect for rival ideas of the good and for religious belief, are defective, and further that they do not provide as adequate a basis for the form of political liberalism she recommends. Actually, the alleged defects in Mill rest largely on misrepresentations, but more importantly, once (...) one understands the central role of Mill’s account of justice in shaping his view of liberty and morality, it becomes clear that he offers a better response to cultural pluralism. His way of relating the morality and the aesthetics of conduct embodies a kind of respect for diversity both deeper and more realistic than that claimed for political liberalism. Mill brings a heritage from the Enlightenment in the light of which political liberalism looks like a failure of nerve. (shrink)

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

Whilst legitimacy is often thought to concern the processes through which coercive decisions are made in society, justice has been standardly viewed as a ‘substantial’ matter concerning the moral justification of the terms of social cooperation. Accordingly, theorization about procedures may seem appropriate for the former but not for the latter. To defend proceduralism as a relevant approach to justice, I distinguish three questions: (1) Who is entitled to exercise coercive power? (2) On what terms should the participants to a (...) scheme of cooperation interact? (3) How should the costs and benefits produced by cooperation be distributed? Legitimacy concerns (1), whereas justice applies to (2) and (3). Although the appropriateness of proceduralism is debatable in relation to (3), it seems well equipped to address the justice-related question in (2). And it does so by focusing on the inherent moral acceptability of the way in which persons are treated by the procedures through which they interact. (shrink)

Most contemporary political philosophers take justice—rather than legitimacy—to be the fundamental virtue of political institutions vis-à-vis the challenges of ethical diversity. Justice-driven theorists are primarily concerned with finding mutually acceptable terms to arbitrate the claims of conflicting individuals and groups. Legitimacy-driven theorists, instead, focus on the conditions under which those exercising political authority on an ethically heterogeneous polity are entitled to do so. But what difference would it make to the management of ethical diversity in liberal democratic societies if legitimacy (...) were prior to or independent from justice? -/- This question identifies a widely underexplored issue whose theoretical salience shows how the understanding of what constitutes the primary question of political philosophy has a deep impact on how practical political questions are interpreted and addressed. What difference would it make, for example, whether the difficulties concerning the safeguard of human rights were couched in terms of the justice or of the legitimacy of the documents and treaties sanctioning their implementation. How should the issue of the quality of democracies be addressed whether one assigned priority to the justice or legitimacy of democratic institutions? Addressing these and other topical questions, the book offers a new theoretical angle from which to consider a number of pressing social and political issues. (shrink)

Presentazione del curatore italiano (C.Corradetti): È possibile conciliare il pluralismo culturale con la dimensione pubblica della deliberazione? Partendo dall’analisi critica di Rawls e Habermas, James Bohman offre una risposta innovativa alla questione dell’accordo democratico. In tale proposta, parallelamente al rigetto di soluzioni meramente strategiche, viene riabilitata la nozione di compromesso morale nel quadro di un accordo normativo. Mantenendo fede ad una prospettiva composta da elementi normativi e fattuali, l’autore si propone di ampliare le opportunità democratiche nella riconciliazione tra conflitti culturali (...) profondi propri delle società contemporanee. L’elemento civico partecipativo risulta essere dunque una componente essenziale per la produzione di una sfera pubblica vibrante. Ne emerge una ricostruzione convincente volta non solo a respingere le critiche degli scettici sulle reali possibilità d’inclusività democratica, ma diretta soprattutto a suggerire un più efficace modello deliberativo per la garanzia della stabilità sociale. Questo testo è diventato ormai un riferimento internazionale classico nella discussione sul tema della deliberazione pubblica. L’autore ha inoltre sviluppato in ambito post-nazionale il suo modello deliberativo senza tuttavia ridiscutere i fondamenti concettuali della sua proposta teorica qui enunciati.Vista la rilevanza del tema e considerata la centralità del testo proposto, sembrerebbe dunque auspicabile rendere il testo disponibile anche al lettore italiano. (shrink)

In this article I present some implications for a concept of transitional justice through the comparison of two approaches: retributive vs. restorative theories. Notwithstanding their profound differences in perspective, both models are grounded upon a strong notion of the public sphere. Accordingly, after showing why neither of the two approaches exhausts the problems of transitional justice, I will demonstrate how a ‘complete’ justification requires a certain view of public reason based upon rights as truth-constraints of the public sphere.

In this paper, I suggest that for some proposed solutions to global justice problems, incompatibility with the necessary features of international law is a reason to reject them. I illustrate this by discussing the problem raised by the case of unjust combatants, that is, combatants lacking a just cause for war. I argue that the principle of inequality of combatants, which suggests that we ought to prohibit those without a just cause for war from fighting, is not only a bad (...) international legal principle, but also a bad principle of global justice. (shrink)

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)

A collection on new articles on Mill's theory of justice.

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.

Rawls champions the cause of the poor because of his strong moral sentiments about the eradication of poverty. I present these sentiments, which he converts into normative elements of his theory of justice. However, the conceptual framework and intellectual resources that he uses to articulate these sentiments are inadequate. His sentiments against poverty cannot be accommodated neatly, simply, and coherently in his liberal theoretical framework. Also, I point out that his definition of the identification of poor people as the least (...) advantaged members of society is not adequate. Therefore, his theory is refashioned so that it can properly account for the fundamental interests of poor people. An alternative conception is presented, revising Rawlsian liberalism to enable it to adequately champion the cause of the poor. I provide an alternative definition of poverty and apply Mill’s analysis of the relation between justice and utility to Rawls’ theory of justice. (shrink)

I wrote this book to explain how South Africa has succeeded to steer away from the brink of civil war to become a political miracle of peace. -/- To write this book meant fusing empirical studies on the politics of apart¬heid and political violence with theories of political morality. I first had to explain the links between the unjust apartheid system and political violence and then how South Africans managed to establish peace despite injustice and violence. The book ends with (...) a detailed explanation of the moral vision on which the new South Africa rests. -/- The first chapter of the book explains the concepts injustice and violence. The next three chapters trace the developments which led to the establish¬ment and demise of apartheid South Africa. Chapter Two characterizes the first twenty-five years of the rule of National Party government from 1948 to 1983. Chapter Three discusses the main trends in South African politics brought about by the reforms unilaterally instituted by the National Party in 1983. Chapter Four deals with the conflicting political trends that emerged after the unbanning of persons and organizations by former President F.W. de Klerk in February 1990. The final two chapters give a detailed explanation of the conception of justice underlying South Africa’s remarkable peace. (shrink)

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)

A range of developing countries and international advocacy organizations have argued that wealthy countries, as a result of their greater historical contribution to human-induced climate change, owe a ?climate debt? to poor countries. Critics of this argument have claimed that it is incoherent or morally objectionable. In this essay we clarify the concept of climate debt and assess its value for conceptualizing responsibilities associated with global climate change and for guiding international climate negotiations. We conclude that the idea of a (...) climate debt can be coherently formulated, and that while some understandings of the idea of climate debt could lead to morally objectionable conclusions, other accounts would not. However, we argue that climate debt nevertheless provides an unhelpful frame for advancing global justice through international climate negotiations ? the only existing means of resolving political conflict over the collective action problems posed by human-induced climate change ? due to its retrospective and potentially adversarial emphasis, and to problems of measurement. (shrink)

This paper offers replies to the contributors of a symposium on Jonathan Quong's book, Liberalism Without Perfection (2011).

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)

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 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)

Theories of moral desert focus only on the personal culpability of the agent to determine the amount of blame and punishment the agent deserves. I defend an alternative account of desert, one that does not focus only facts about offenders and their offenses. In this revised framework, personal culpability can do no more than set upper and lower limits for deserved blame and punishment. For more precise judgments within that spectrum, additional factors must be considered, factors that are independent of (...) the agent and the offense. I refer to this as the ‘partial conception’ of desert because takes facts about victims—their behavior, desires, and attitudes—into account for desert judgments. On my view, then, agents who are equally culpable may deserve different amounts of blame or punishment, depending on these victim-related factors. (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).

In the attempt of defending an interpretation of David Hume's moral and political philosophy connected to classical utilitarianism, intervenes in a key way the so called problem of the " Sensitive Knave " raised by this author at the end of his more utilitarian work, the Enquiry Concerning the Principles of Morals. According to the classic interpretation of this fragment, the utilitarian rationality in politics would clash with morality turning useless the latter. Therefore, in the political area the defense of (...) a moral utilitarianism would be an auto contradictory task. In order to show that, first, Hume does not say anything similar to this and second, that even indicates the way of overcoming this apparent contradiction between morality and rationality, we analyze briefly the arguments from which there comes basically this "anti-utilitarian" standard interpretation, and we defend an interpretation of the humean discussion on the problem of the supposed conflict between morality and rationality, or of rational incentives for immoral behavior, which allows to explain better Hume's position on this problem. Finally, we propose an instance of overcoming the contradiction morality/ rationality by a rule adjusted utilitarianism centered on the idea of the "progressive development of artificial institutions of reinforcement of morality", that Hume himself would suggest in other places in which he approaches the topic of the apparent contradiction between "morality" and "knavery". We propose also possible lines of future development of this idea, between them its use to clarify the relation of David Hume's thought with certain forms of contemporary liberalism. (shrink)

This paper assesses G. A. Cohen's critique of Rawlsian special incentives. Two arguments are identified and criticized: an argument that the difference principle does not justify incentives because of a limitation on an agent's prerogative to depart from a direct promotion of the interests of the worst off, and an argument that justice is limited in its scope. The first argument is evaluated and defended from the criticism that once Cohen has conceded some ethically grounded special incentives he cannot sustain (...) his critique of special incentives. But it is finally rejected as a subtle form of an unreasonably demanding moral rigorism. The second argument is interpreted as the more plausible of Cohen's claims. It has, however, to be defended via two subsidiary theses: the claim that Rawls endorses a moral division of labour and that this in turn grounds a further commitment to moral dualism as opposed to moral monism. This argument is assessed and rejected. Neither the moral division of labour nor moral monism supports the claim that in applying the principles of justice to a basic structure one does not thereby apply them to the individuals constrained to act within that structure in the marketing of their labour. Nor is it plausible to identify local aspects of social relations where the principles of justice are suspended. Such principles are presupposed, for example in market relations or the family, but limitation in scope of direct application does not limit the scope of justification. That scope extends at least as far as individual decisions to market one's labour. The latter are made fair in the only possible way they could be made fair. Rawls's commitment to the revisionary socialism of James Meade illustrates this point. It is concluded that no version of Cohen's critique succeeds. However, Cohen's critique identifies the most plausible version of Rawls's egalitarianism. (shrink)

It is argued that only the embedding of Rawlsian political liberalism within a republican framework secures the content of his view against Cohen's critique of Rawlsian special incentives. That content is fully specified in the form of a property-owning democracy; only this background set of institutions (or one functionally equivalent to it) will secure the stability of Rawls's egalitarian principles. A liberal-republicanism, rather than political liberalism alone, offers deeper grounding for our commitment to a property-owning democracy as a privileged political (...) economy for the expression of our egalitarian ideals. (shrink)

This paper foregrounds one argument in Rawls’s work that is crucial to his case for one, determinate, form of political economy: a property-owning democracy. Section one traces the evolution of this idea from the seminal work of Cambridge economist James Meade; section two demonstrates how a commitment to a property-owning democracy flows from Rawls’s own principles; section three focuses on Rawls’s striking critique of orthodox welfare state capitalism. This all sets the stage for an argument, presented in section four, from (...) the complexity of economic interactions to the strategy of making markets fair in the only feasible way that they can be made fair, namely, by “patterning” their effects. Section five concludes by asking whether any scheme of this general type is a realistic form of utopianism for a society such as ours. (shrink)

Stephen May (2011) holds that language rights have been insufficiently recognized, or just rejected as problematic, in human rights theory and practice. Defending the “human rights approach to language rights”, he claims that language rights should be accorded the status of fundamental human rights, recognized as such by states and international organizations. This article argues that the notion of language rights is far from clear. According to May, one key reason for rejecting the claim that language rights should be considered (...) as human rights is the widespread belief that language rights are collective rights. In order to address this kind of objection, the collective character attributed to language rights must be carefully assessed, distinguishing two different views of what a collective right is. (shrink)

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