This paper aims to outline the essential structural traits that a procedural theory of justice for the management of conflicts about values should display in order to combine open-endedness and cogency. To this purpose, it offers an investigation into the characteristics of procedural justice through a critical assessment of John Rawls‟s taxonomy of proceduralism, in terms of perfect, imperfect and pure procedural justice. Given the concessions the two former kinds of proceduralism make to substantive theories, and the potentially misleading characterisation (...) Rawls gave of pure procedural theories of justice, it reformulates the latter category in terms of impure proceduralism. In this case, the theory is required not to pose substantive constraints on the qualities of just outcomes, but is, rather, expected to provide a trans-contextually applicable account of the qualities of just procedures on the basis of an independent criterion of justice. (shrink)

Liberal theories of justice typically claim that political institutions should be justifiable to those who live under them – whatever their values. The more such values diverge, the greater the challenge of justifiability. Diversity of this kind becomes especially pronounced when the institutions in question are supra-national. Focusing on the case of the European Union, this paper aims to address a basic question: what kinds of value should inform the justification of political institutions facing a plurality of value systems? One (...) route to an answer is provided by John Rawls, who famously distinguishes between comprehensive and political values, and defends the exclusion of the former from the foundations of a political theory of justice. This paper questions the tenability of the Rawlsian solution, and draws attention to an alternative twofold conceptual distinction: that between minimal and non-minimal and between substantive and procedural values. Minimal values are meant to be as independent as possible of controversial conceptions of the good and views of the world, regardless of whether these are comprehensive or purely political. It will be argued that their endorsement may thus further specify the nature of what should be shared in order to justify political institutions in conditions of pluralism. In order to further refine the account of such basis of justification, two variants of minimalism will be presented according to whether they invest substantive or procedural values. Substantive values qualify the property of an outcome; procedural values qualify the property of a procedure. The latter part of the paper consists of a ‘face-off’ between minimal proceduralism and minimal substantivism, considering reasons in favour of the adoption of each. The result, we suggest, is a helpful reorientation of the political dimension of the value debates to which the multiplicity of values amid contemporary European horizons give rise. (shrink)

The "non-identity argument" has been applied to reject the validity of claims for historic justice, often generating highly unintuitive conclusions. George Sher has suggested a solution to this problem, explaining the harm to descendants of historically wronged peoples as deriving not from the historic wrongs but from the failure to provide rectification to the previous generation for harm they suffered. That generation was likewise owed rectification for harm they suffered from failure to provide rectification to the generation preceding them. In (...) this chain of injustices each failure to provide rectification to one is the source of wrongful harm to the next. Such chains form a "bridge" between the historic wrong and the harm suffered by living individuals. I call this approach the subsequent-wrong solution (SWS). I argue that bypassing the non-identity argument in this way is problematic. First, SWS cannot justify rectification in seemingly legitimate historic-justice claims, such as historic wrongs generating delayed harms that skip generations. Second, SWS justifies rectification for the wrong reasons, denying the essence of historic-justice claims: that past wrongs, for which original wrongdoers are responsible, harm descendants of original victims. Finally, SWS does not fully account for group membership's role in historic injustice, unable to distinguish between claims of descendants of historic victims and claims made by others with unrelated interests in the rectification of the previous generation. A supplementary solution is needed, focusing on the role of group harm and group membership. The plausibility of this approach, tying individual harm to group harm, derives from these three limitations of the subsequent-harm solution. I give a rudimentary account of what such a solution would look like. (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)