Prescribing Institutions Without Ideal Theory

Journal of Political Philosophy 20 (1):45-70 (2012)
Abstract
It is conventional wisdom among political philosophers that ideal principles of justice (i.e., principles that would regulate the constitutions of fully just institutional arrangements) must guide our attempts to design institutions to avert actual injustice. Call this the ideal guidance approach. I argue that this view is misguided—ideal principles of justice are not appropriate "guiding principles" that actual institutions must aim to realize, even if only approximately. Fortunately, the conventional wisdom is also avoidable. In this paper, I develop an alternative approach to institutional design, which I call institutional failure analysis. The basic intuition of this approach is that our moral assessment of institutional proposals is most effective when we proceed from a detailed understanding of the causal processes generating problematic social outcomes. Failure analysis takes the institutional primary design task to be obviating or averting institutional failures. Consequently, failure analysis enables theorists to prescribe more effective solutions to actual injustice because its focuses on understanding the injustice, rather than specifying an ideal of justice.
Keywords ideal theory  nonideal theory  institutional design  failure analysis
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References found in this work BETA
Geoffrey Brennan & Philip Pettit (2005). The Feasibility Issue. In Frank Jackson & Michael Smith (eds.), The Oxford Handbook of Contemporary Philosophy. Oxford University Press. 258--279.
G. A. Cohen (2003). Facts and Principles. Philosophy and Public Affairs 31 (3):211–245.

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Hye-Ryoung Kang (2008). Idealized Non-Ideal Justice Theory in Law of Peoples. Proceedings of the Xxii World Congress of Philosophy 25:37-44.
Marcus Arvan (2008). A Nonideal Theory of Justice. Dissertation, University of Arizona
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