In activist circles feminist political thought is often viewed as abstract because it does not help activists make the kinds of arguments that are generally effective with donors and policy makers. The feminist political philosopher's focus on how we know and what counts as knowledge is a large step away from the terrain in which activists make their arguments to donors. Yet, philosophical reflection on the relations between power and knowledge can make a significant contribution to women's human rights work (...) in the area of evaluation. Feminist political philosophy can offer guidelines for how to evaluate the work of women's human rights organizations and their funders in light of the social, political, and economic conditions that render their work necessary and difficult. This article offers 1) an account of the difficulty in showing the impact of social change activism using conventional modes of measurement, particularly those that focus on first order effects, 2) feminist theoretical insights into the interrelatedness of global gender injustices that may help us develop better benchmarks of evaluation for women's human rights programming, and 3) a sketch of how to approach the evaluation of organizations and donors who seek to support global gender justice. (shrink)

The Kosovo conflict -- The Israeli-Palestinian conflict -- The conflict in the Democratic Republic of Congo.

Anthony Kronman has argued that libertarians cannot distinguish non-arbitrarily between legitimate and illegitimate advantage-taking in contractual relations except by reference to a liberal, wealth-redistributive standard Kronman calls paretianism. We argue to the contrary that libertarians need not concede that any advantage-taking in contracts is legitimate and thus need not be liberal paretians with respect to advantage-taking.

This paper examines Young’s conception of power, arguing that it is incomplete, in at least two ways. First, Young tends to equate the term power with the narrower notions of ‘oppression’ and ‘domination’. Thus, Young lacks a satisfactory analysis of individual and collective empowerment. Second, as Young herself admits, it is not obvious that her analysis of power can be useful in the context of thinking about transnational justice. Allen concludes by considering one way in which Young’s analysis of power (...) needs to be extended or perhaps modified in order to do justice to questions of transnational justice. (shrink)

This article examines Nancy Fraser's attempt to repair the apparent schism between economic and cultural struggles for justice. Fraser has argued that the only analysis equipped to theorize the relationship between economic and cultural injustices is a `perspectival dualist' one, which treats the two forms of injustice as analytically separate and irreducible, at the same time as providing tools for theorizing potential harmonies between the claims of groups agitating for economic and cultural justice. Fraser's contribution has been hugely influential, but (...) this article investigates how a series of significant shifts in her position have cast doubt on the coherence and utility of her approach. Specifically, it examines recent revisions to the social theory underpinning Fraser's account, and shows how a number of (necessary) concessions to `anti-dualist' positions call into question the diagnosis of the schism that her framework seeks to resolve, and undercut her arguments for a `perspectival dualist' approach to social theory. In light of concerns over Fraser's social theory, this article also questions whether the political ideals of recognition and redistribution retain their critical or analytical value. Key Words: anti-dualism • culture • economy • Nancy Fraser • justice • perspectival dualism • ontological dualism • recognition • redistribution. (shrink)

Richard J. Arneson version 7/27/99 Is having a disability more like being a member of a racially stigmatized group or like lacking a talent? Both analogies might be apt. The Americans with Disabilities Act stresses the former analogy. The framing thought is that people with disabilities are objects of prejudice and prejudiced behaviors which wrongfully exclude them from participation in important social practices such as the labor market. Think for example of a blind person whose job applications are always automatically (...) rejected because she is blind and without any consideration of her aptitude for this or that specific job. Such a person suffers wrongful discrimination and is denied equality of opportunity. (shrink)

Applied analytical political philosophy has not been a thriving enterprise in the United States in recent years. Certainly it has made little discernible impact on public culture. Political philosophers absorb topics and ideas from the Zeitgeist, but it shows little inclination to return the favor. After the publication of his monumental work A Theory of Justice back in 1971, John Rawls became a deservedly famous intellectual, but who has ever heard political critics or commentators refer to the difference principle or (...) fair equality of opportunity in discussions aimed at a wide audience? Writing philosophically astute and beautifully accessible prose, often in not strictly academic journals of opinion, Ronald Dworkin has been in some ways the very model of a public intellectual, but the only reference to his opinions that I have seen in any newspaper occurred in a New York Times review of a restaurant near London along the Thames (as I recall, Dworkin was quoted as saying it was at the very least the best restaurant in the northern hemisphere). You might chalk up the situation to the fact that political philosophers tend to be liberal and the public political culture in the United States has been growing decidedly conservative, but that mismatch can hardly be the whole story. Right-wing libertarianism is a popular doctrine, but Robert Nozick’s classical and never superseded 1974 exploration of that view in his brilliant Anarchy, State, and Utopia is not cited. Nor is there a significant literature that seeks to derive practical policy recommendations from Nozick’s theory and relevant factual claims. Moreover, the isolation of political philosophy stands in marked contrast to the wide influence of theory in some disciplines. For example, consider the enormous germinating impact of Richard Posner’s ideas on law and economics over the past thirty years on academic and extra-academic American legal culture. (shrink)

According to Rawls, the principles of justice are principles that determine a fair resolution of conflicts of interest among persons in a society. “A set of principles is required for choosing among the various social arrangements which determine this division of advantages and for underwriting an agreement on the proper distributive shares” (p. 4). Different interpretations or conceptions of justice fill out this core concept; a theory of justice seeks a best conception. Justice takes priority over other normative claims—as Rawls (...) states, justice is the “first virtue of social institutions.” The principles of justice are principles to regulate what Rawls calls the “basic structure of society,” that is, the way in which the major social institutions distribute fundamental rights and duties and determine the division of advantages from social cooperation” (p. 6). Why focus on the basic structure? “The basic structure is the primary subject of justice because its effects are so profound and present from the start. The intuitive idea here is that this structure contains various social positions and that men born into different positions have different expectations of life determined, in part, by the political system as well as by economic and social circumstances. In this way the institutions of society favor certain starting places over others. These are especially deep inequalities. Not only are they pervasive, but they affect men’s initial chances in life; yet they cannot possibly be justified by an appeal to the notions of merit or desert. It is these inequalities, presumably inevitable in the basic structure of any society, to which the principles of social justice must in the first instance apply” (p. 7). (shrink)

Contemporary theories of justice frequently suppose that a legitimate state does not coerce people to comply with values or principles that they could reasonably reject. This ideal of legitimacy is thought to imply neutrality on the good: The State should not coerce people to comply with controversial conceptions of the good (which people could reasonably reject). As Ronald Dworkin puts the point, the government's policies should “be neutral on the question of the good life, or of what gives value to (...) life." Liberal neutrality is sometimes described as a generalization of policies of religious tolerance: Just as the state should be neutral with respect to religious questions, so too the state should be neutral with respect to questions about the good life.". (shrink)

This essay disputes G. A. Cohen's claim that John Rawls's argument for the difference principle involves an argument from moral arbitrariness to equality and then an illicit move away from equality. Moreover, the claim that an argument from moral arbitrariness establishes equality as the essential distributive justice ideal is found wanting.

If an array of goods is for sale on a market, one’s wealth, the tradeable resources one owns, determines what one can purchase from this array. One’s income is the increment in wealth one acquires over a given period of time. In any society, we observe some people having more wealth and income, some less. At any given time, in some societies average wealth is greater than in others. Across time, we can observe societies becoming richer or poorer and showing (...) more or less equal distributions of wealth among their members. Does it matter from an ethical standpoint whether some people have more income and wealth than others? Does securing a more equal distribution of income and wealth either constitute the achievement of something that is intrinsically morally desirable or serve as a reliable means to the achievement of some intrinsic moral value? If we suppose that justice demands equalizing the income of wealth of persons in many circumstances, what principles of justice generate this demand? (shrink)

In families in the U.S. headed by a man and woman living as husband and wife, men do more paid labor, on the average, and less of the unpaid labor in the home than women do. Husbands earn more income than wives, and are paid at higher rates. Moreover, husbands on the average contribute fewer hours of paid and unpaid labor combined than do their wives. The overall picture is that women's labor force participation has risen steadily for several decades, (...) but married women still have more responsibility for the care of children than husbands, and lesser income-earning potential than their husbands. When marriages fail, as about half of them in the U.S. now do, women overwhelmingly assume physical custody of the children, and men's income increases while women's income plummets after divorce.1 Is the division of benefits and burdens between men and women within families a private matter or an issue of social justice? Feminists assert: the latter.2 On the face of it, the feminist position on this issue is compelling. After all, a social norm stipulates that women ought to take more responsibility than men for childrearing and housework. The norm functions as an ideology that works to benefit men. When husbands and wives make choices that assign more of the traditional women's work to wives, they are often conforming to a social norm, not choosing freely--and the social norm might be changed. If men who marry tend to insist that their wives shall subordinate their career aspirations to their husbands' careers, a young woman anticipating marriage will have less incentive to develop career skills and more incentive to develop skills of attracting a man and to reconcile herself to the status of a subordinate wife who gives priority to housework and.. (shrink)

Technology used in online marketing has advanced to a state where collection, enhancement and aggregation of information are instantaneous. This proliferation of customer information focused technology brings with it a host of issues surrounding customer privacy. This article makes two key contributions to the debate concerning digital privacy. First, we use theories of justice to help understand the way consumers conceive of, and react to, privacy concerns. Specifically, it is argued that an important component of consumers’ privacy concerns relates to (...) fairness judgments, which in turn comprise of the two primary components of distributive and procedural justice. Second, we make a number of prescriptions, aimed at both firms and regulators, based on the notion that consumers respond to perceived privacy violations in much the same way they would respond to an unfair exchange. (shrink)

This book is a rebuttal of the common charge that the moral doctrine of utilitarianism permits horrible acts, justifies unfair distribution of wealth and other social goods, and demands too much of moral agents. Bailey defends utilitarianism by applying central insights of game theory regarding feasible equilibria and evolutionary stability of norms to elaborate an account of institutions that real-world utilitarians would want to foster. With such an account he shows that utilitarianism, while still a useful doctrine for criticizing existing (...) institutions, is far more congruent with ordinary moral common sense than has been generally recognized. A controversial attempt to support the practical use of utilitarian ethics in a world of conflicting interests and competing moral agents, Bailey's work uniquely bridges the abstract debate of philosophers and the practical, consequence-based debates of political scientists. (shrink)

The problem of pursuing and achieving justice in a free society involves three different areas of analysis. First, the types of acts that are to be proscribed must be specified. Part of this analysis is methodological, requiring us to settle on the way in which such questions are to be decided. Second, once an offense has been defined, the remedy for its commission must be determined in a manner that is consistent with the theory of justice that defined the criminal (...) act. Finally, the structure of the legal order that will efficiently enforce these principles and at the same time not violate them must be explored. (shrink)

Almost every country today contains adherents of different religions and different secular conceptions of the good life. Is there any alternative to a power struggle among them, leading most probably to either civil war or repression? The argument of this book is that justice as impartiality offers a solution. According to the theory of justice as impartiality, principles of justice are those principles that provide a reasonable basis for the unforced assent of those subject to them. The object of this (...) book is to set the theory out, explain its rationale, and respond to a variety of criticism that have been made of it. As the second volume of his work-in-progress, A Treatise on Social Justice, this work lies at the heart of a thriving academic debate which the author has played a key role in shaping. (shrink)

This paper outlines a conception of habilitation into a robust form of health needed for lives of active, effective agency. Such healthy agency is described in terms of six physiological and psychological factors (health-related traits) that vary quantitatively along three dimensions. The same six factors will describe not only healthy agency but the entire range of health states. Consequently, what can be called the habilitation framework is useful for health in general, as it relates to theories of distributive justice. Further, (...) as I will argue, the framework is a useful way of organizing an account of distributive justice generally. (shrink)

In this paper I argue that we can learn much about wild justice and the evolutionary origins of social morality – behaving fairly – by studying social play behavior in group-living animals, and that interdisciplinary cooperation will help immensely. In our efforts to learn more about the evolution of morality we need to broaden our comparative research to include animals other than non-human primates. If one is a good Darwinian, it is premature to claim that only humans can be empathic (...) and moral beings. By asking the question What is it like to be another animal? we can discover rules of engagement that guide animals in their social encounters. When I study dogs, for example, I try to be a dogocentrist and practice dogomorphism. My major arguments center on the following big questions: Can animals be moral beings or do they merely act as if they are? What are the evolutionary roots of cooperation, fairness, trust, forgiveness, and morality? What do animals do when they engage in social play? How do animals negotiate agreements to cooperate, to forgive, to behave fairly, to develop trust? Can animals forgive? Why cooperate and play fairly? Why did play evolve as it has? Does being fair mean being more fit – do individual variations in play influence an individual''s reproductive fitness, are more virtuous individuals more fit than less virtuous individuals? What is the taxonomic distribution of cognitive skills and emotional capacities necessary for individuals to be able to behave fairly, to empathize, to behave morally? Can we use information about moral behavior in animals to help us understand ourselves? I conclude that there is strong selection for cooperative fair play in which individuals establish and maintain a social contract to play because there are mutual benefits when individuals adopt this strategy and group stability may be also be fostered. Numerous mechanisms have evolved to facilitate the initiation and maintenance of social play to keep others engaged, so that agreeing to play fairly and the resulting benefits of doing so can be readily achieved. I also claim that the ability to make accurate predictions about what an individual is likely to do in a given social situation is a useful litmus test for explaining what might be happening in an individual''s brain during social encounters, and that intentional or representational explanations are often important for making these predictions. (shrink)

This book makes a valuable contribution to recent debates on redress for historical injustices by offering case studies from nine countries on five continents.