In The Idea of Justice (2009), Amartya Sen distinguishes between ?transcendental institutional? approaches to justice and ?realization-focused comparisons,? rejecting the former and recommending the latter as a normative approach to global justice. I argue that Sen?s project fails for three principal reasons. First, he misdiagnoses the problem with accounts that he refers to as transcendental-institutionalist. The problem is not with these kinds of accounts per se, but with particular features of prominent approaches. Second, Sen?s realization-focus does not account (...) well for the value of institutions of global justice. And even Sen agrees that reforms to institutions are urgently needed. And third, the distinction between transcendentalism and comparative approaches is implausible. I close by suggesting a strategy for an alternative institutionalist approach that can offer the kind of guidance for reforming the global order that Sen rightly takes as urgent. (shrink)

What do we want from a theory of justice? Amartya Sen argues that what we should not want is to follow the social contract approach revived by John Rawls, or transcendental institutionalism, in its preoccupation with perfectly just institutions. Sen makes an effective case against approaches, such as G. A. Cohen’s, concerned with transcendent, fact-independent principles of justice, but not against Rawls’ constructivist approach to justice when this is properly interpreted as making a weak transcendental argument. Situating (...) Rawls’ approach within the tradition of the liberalism of freedom provides a basis for interpreting his Kantian constructivism as a form of transcendental institutionalism, and for revealing the affinities between Rawls’ idea of reflective equilibrium and Jürgen Habermas’ method of rational reconstruction. Such a Kantian conception of justice, concerned with constituting relations of equal liberty between free and equal citizens, remains essential for orienting our pursuit of justice. (shrink)

Amartya Sen has argued that contractarian theories of justice inevitably fall victim to the problem of parochialism, for the reason that they rely on a problematically narrow conception of impartiality. Sen finds a corrective model of impartiality in Adam Smith’s figure of the impartial spectator. In this essay, I argue that Sen’s invocation of the spectator to resolve the problem of parochialism is unfounded, as the impartial spectator is fundamentally a product of socialization that serves to propagate conventional (...) moral norms. I consider various interpretive avenues for “rescuing” the spectator from parochialism, and ultimately conclude that a minor amendment to Smith’s account, resting on the possibility of a conscience informed by moral pluralism, is required. (shrink)

Amartya Sen argues that Rawls’s theory is not only unnecessary in the pursuit of justice, but it may even be an impediment to justice in so far as it has discouraged more useful work. Against what he considers the dominance of transcendental theory, Sen calls for a more realistic and practical ‘comparative’ theory of justice. Sen’s negative point has been widely discussed, but here I develop a reconstruction of Sen’s positive theory (a combination of Adam Smith’s Impartial Spectator, (...) Social Choice Theory, and the Capabilities Approach) in order to evaluate it on its own terms. I find that the theory is technocratic, despite Sen’s insistence to the contrary. (shrink)

While psychologists and political scientists have long investigated issues of interest to philosophers, the development of political experimental philosophy has remained limited. This slow progress is surprising, given that political philosophers commonly acknowledge the relevance of empirical data for normative theorizing. In this chapter, we illustrate the importance of empirical data by outlining recent developments in three domains related to theories of justice, where empirical results reinforce or endanger popular philosophical theories. Our first showcase concerns the boundaries of the concept (...) of fairness. While both libertarian thinkers and social egalitarians have united in rejecting the concept of natural injustice, we show that people do consider that unpreventable natural inequalities can be described as unfair. Second, we take the example of impartiality devices, such as the veil of ignorance or the idea of an impartial spectator, to show that such devices are efficient at shifting people’s intuitions in a more impartial manner. Third, we review empirical data on fairness intuitions to show that people conform to a pluralist theory of justice, valuing desert, needs-satisfaction, and equality at the same time. However, distribution according to desert enjoys a privileged position: people mostly care for the satisfaction of basic needs of deserving recipients, and people are willing to tolerate large inequalities in meritocratic contexts. The centrality of desert leads to dilemmas for mainstream egalitarian theorists, as theories that do not recognize the value of desert could fail to find support or legitimacy within the population. (shrink)

The Rawlsian institutional approach holds that distributive principles apply to socioeconomic institutions rather than transactions within the institutional framework. Critics claim that the approach is baseless. I defend Rawls’s institutionalism by showing that it has a rational basis: Rawls “constructs” a theory of justice from considered judgments, especially ideas found in the political culture and historical conditions of democracy, including the fact of reasonable pluralism, which supports his institutionalism. I use Rawls’s “fact-sensitive constructivism” to interpret his claim that “utilitarianism does (...) not take seriously the distinction between persons.” Rawls’s claim refers to his contrast between impartial spectator reasoning for the classical principle of utility and his original position, which aims to motivate the original position’s use of mutually disinterested parties to an agreement as more accurately reflecting democracy’s fact of reasonable pluralism. Rawls then shows that these original position conditions, meant to reflect separate persons in democracy, justify his egalitarian principles over classical utility. I extend his contrast to act-egalitarianism to show that Rawls’s fact-sensitive constructivism supports his institutionalism. I argue that the original position, which reflects separate persons, only justifies the institutional difference principle and that the natural reasoning for act-egalitarianism does not take seriously the separateness of persons. (shrink)

Amartya Sen describes John Rawls?s ?justice as fairness? as ?transcendental institutionalism? and develops his realization-focused approach in contrast. But Rawls is no transcendental institutionalist, and Sen?s construal of their opposition occludes a third, relation-based position and a valuable and practical form of ideal theory. What Sen calls transcendental institutionalism and realization-focused comparative theory each treat justice as something to bring about, a problem for experts. A third position treats justice in terms of how we relate to one (...) another rather than of achievement. This position, called ?justice as reciprocity,? is consistent with Rawls?s ?justice as fairness? and Sen?s normative aspirations, and might form the basis of new and fruitful dialogue between them. By treating justice as a question of how we relate to one another, and treating relation-based ideals as the basis of respectful behavioral constraints (rather than of ends to pursue), ?justice as reciprocity? grounds an everyday form of just democratic citizenship. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:The Testimony of Sense: Empiricism and the Essay from Hume to Hazlitt by Tim MilnesMargaret WatkinsTim Milnes. The Testimony of Sense: Empiricism and the Essay from Hume to Hazlitt. Oxford: Oxford University Press, 2019. Pp. viii + 278. Hardback. ISBN: 9780198812739. $91.00.In his brief autobiography, “My Own Life,” Hume reports that “almost all [his] life has been spent in literary pursuits and occupations” (E-MOL: xxxi). This is one (...) of at least ten places in this brief work in which he associates himself with “letters” or “literature”—as compared to at most four associations with philosophy. The moral to be inferred is not that Hume considered himself not to be a philosopher. Rather, he conceived of philosophy as a kind of literature. The Treatise was itself a “literary attempt.” Indeed, opposition between the “literary” and “philosophical” aspects of a text would have been foreign to Hume and his contemporaries—a notion for a later age, despite his occasional loose distinction between the relevant genres, as in his list of writings “historical, philosophical, or literary” in “My Own Life” (E-MOL: xxxvi).Yet despite Hume’s own understanding of the continuity between philosophy and literature, broadly conceived, it is still common for contemporary philosophers to ignore literary questions in their examination of Hume’s work, or to presume that one can easily distinguish the “philosophical” parts from the “literary” ones. Tim Milnes’s The Testimony of Sense is therefore a welcome addition to the Hume literature (pun intended). With a particular focus on the essay—a genre of great importance to Hume—Milnes contributes to the small set of engagements with Hume from the disciplinary perspective of English literature. With training in both philosophy and literature, as well as established expertise on Romanticism and its own essays, Milnes is well-qualified for the task. The Testimony of Sense includes sustained engagement with Hume’s contemporaries and successors, but for the purposes of this review, I engage the book primarily as a Hume scholar for Hume scholars.Milnes’s story plays out in three acts. The first establishes the need for public trust created by a skeptical crisis, itself a product of Hume’s criticism of the epistemic program of thinkers in the Cartesian and Lockean traditions. The second explains how the essays of the long eighteenth century constitute a response to that need in various ways. The third reveals in detail how the Romantic essayists, particularly William Hazlitt and Charles Lamb, both respond to and deviate from the “neoclassical” essayists, typified by Hume and Samuel Johnson.The first chapter, “Self and Intersubjectivity,” lays the groundwork by articulating how Hume, Adam Smith, Thomas Reid, and Dugald Stewart identify the need for what we now call intersubjectivity. Milnes describes the common thread as a kind of “natural transcendentalism.” In what sense are these thinkers properly understood as [End Page 175] transcendentalists? The central idea seems to be that all posit things other than reason as “conditions of meaningful thought” (72). For Hume, it is the social, linguistic experience of a community of virtuous judges. The intricate relations between self and other essential to such a community get “internalized within the specular drama of the impartial spectator” (72) in Smith’s writing, which itself takes part in the drama through his “halting, qualified syntax” that mimics “everyday speech” (44). Reid posits a “prescience” of trust, which grounds our reliance on both human testimony and the uniformity of nature, itself undergirded by the design of a benevolent God. Stewart, who posits axiomatic truths that help constitute the “stamina of intellect,” goes furthest, actually calling these truths transcendental (55). This chapter also puts these eighteenth-century thinkers in conversation with twentieth-century theorists, including Habermas, Davidson, and Rorty.Chapter 2, “The Subject of Trust,” deepens the analysis by situating these “natural transcendentalisms” in the broader enlightenment context. In contrast to Descartes, Bacon, and Locke, who were suspicious of our reliance on the opinions of others, the eighteenth-century thinkers understand trust as prior to reason in various ways—though not prior to solidarity. The particulars in each case depend on their responses to skepticism and their accounts of the relation between... (shrink)

Growing inequality and its implications for democratic polity suggest that corporate social responsibility has not proved itself in twenty-first century business, largely as it lacks clear criteria of demarcation for businesses to follow. Today the problem is viewed by many commentators as an ethical challenge to business itself. In response to this challenge, we begin by examining Porter and Kramer’s :64–77, 2011) call for a shift from a social responsibility to a shared value framework and the need to (...) respond to the problem of the ‘separation thesis’ between business and ethics :89–118, 1996; Harris and Freeman, Bus Ethics Q 18:541–548, 2008). We identify the eighteenth century economist and philosopher Adam Smith in his book The Theory of Moral Sentiments as a source for an ethical approach to business. Building on his central concept of ‘sympathy’, we introduce the idea of the Impartial Spectator Test, which we argue builds on traditional stakeholder perspectives and which provides an objective route to ethical criteria of demarcation. We conclude by assessing how this approach adds to the existing debate around social responsibility and shared value. (shrink)

One’s philosophical points of view, which form the bases for assumptions that we bring to management theory and practice matter, and matter deeply, to management thinking and corporate behavior. In this paper I outline three related threads of philosophical conversations and explain how they are important in management theory and practice: the “linguistic turn” in philosophy, deriving from the later writings of Ludwig Wittgenstein, a social constructionist perspective: a set of theories at least implicitly derived from the linguistic turn (...) in philosophy, and the notion of the impartial spectator. I then use these three theories to analyze the idea of the corporation, corporate cultures and corporate mission statements, stakeholder theories and their differences, and the limitations of the popular notion of “corporate social responsibility.” I conclude that how one frames these management ideas makes a difference, a difference in theory and in practice. (shrink)

Hoping to bring some objectivity to the debate, Ben-Moshe has argued that conscientious objection in medicine should be accommodated based on its concordance with the ‘impartial spectator’, a metaphor for conscience drawn from the writings of Adam Smith. This response finds fault with this account on two fronts: first, that its claim to objectivity is unsubstantiated; second, that it implicitly relies on moral absolutes, despite claiming that conscience is a social construct, thereby calling its coherence and claims into (...) question. Briefly, a traditional account of conscience is then described, before ending with a related thesis for future discussion. (shrink)

[First published in Italian as: “L’irreligione e lo spettatore imparziale nel sistema morale di Adam Smith”, in Rivista di Filosofia 3 (3):375-403 (2005). -/- Translated by E. Lecaldano.] -/- A number of commentators on Smith’s philosophy have observed that the relationship between his moral theory and his theological beliefs is “exceedingly difficult to unravel.” The available evidence, as generally presented, suggests that although Smith was not entirely orthodox by contemporary standards, he has no obvious or significant irreligious commitments or orientation. (...) Contrary to this view of things, this essay argues that behind the veneer of orthodoxy that covers Smith’s discussion in The Theory of the Moral Sentiments there are significant irreligious themes present in his work. -/- . (shrink)

John Rawls raises three challenges – to which one can add a fourth challenge – to an impartial spectator account: (a) the impartial spectator is a utility-maximizing device that does not take seriously the distinction between persons; (b) the account does not guarantee that the principles of justice will be derived from it; (c) the notion of impartiality in the account is the wrong one, since it does not define impartiality from the standpoint of the litigants themselves; (d) (...) the account would offer a comprehensive, rather than a political, form of liberalism. The narrow aim of the article is to demonstrate that Adam Smith's impartial spectator account can rise to Rawls's challenges. The broader aim is to demonstrate that the impartial spectator account offers the basis for a novel and alternative framework for developing principles of justice, and does so in the context of a political form of liberalism. (shrink)

This book tells the story of modern ethics, namely the story of a discourse that, after the Renaissance, went through a methodological revolution giving birth to Grotius’s and Pufendorf’s new science of natural law, leaving room for two centuries of explorations of the possible developments and implications of this new paradigm, up to the crisis of the Eighties of the eighteenth century, a crisis that carried a kind of mitosis, the act of birth of both basic paradigms of the two (...) following centuries: Kantian ethics and utilitarianism. The new science of natural law carried a fresh start for ethics, resulting from a mixture of the Old and the New. It was, as suggested by Schneewind, an attempt at rescuing the content of Scholastic and Stoic doctrines on a new methodological basis. The former was the claim of existence of objective and universal moral laws; the latter was the self-aware attempt at justifying a minimal kernel of such laws facing skeptical doubt. What Bentham and Kant did was precisely carrying this strategy further on, even if restructuring it each of them around one out of two alternative basic claims. The nineteenth- and twentieth-century critics of the Enlightenment attacked both not on their alleged failure in carrying out their own projects, but precisely on having adopted Grotius’s and Pufendorf’s project. What counter-enlightenment has been unable to spell out is which alternative project could be carried out facing the modern condition of pluralism, while on the contrary, if we takes a closer look at developments in twentieth-century ethics or at on-going discussions on practical issues, we might feel inclined to believe that Grotius’s and Pufendorf’s project is as up-to-date as ever. -/- Table of Contents -/- Preface I. Fathers of the Reformation and Schoolmen 1.1. Luther: passive justice and the good deeds; 1.2. Calvin: voluntarism and predestination; 1.3. Baroque Scholasticism; 1.4. Casuistry and Institutiones morales -/- II Neo-Platonists, neo-Stoics, neo-Sceptics 2.1. Aristotelian, neo-Platonic, neo-Epicurean and neo-Cynic Humanists; 2.2. Oeconomica and the art of living; 2.3. Neo-Stoics; 2.4. Neo-Sceptics; 2.5. Moralistic literature -/- III Neo-Augustinians 3.l. The Jansenists on natura lapsa, sufficient grace, pure love; 3.2. Nicole on the impossibility of self-knowledge; 3.3. Nicole on self-love and charity; 3.4. Nicole against civic virtue, for Christian civility; 3.5. Malebranche on general laws and necessary evil; 3.6. Malebranche on Neo-Augustinianism and Platonism. -/- IV Grotius, Pufendorf and the new moral science 4.1. Grotius against Aristotle and the sceptics; 4.2. Mersenne and Gassendi; 4.3. Descartes on ethics as the last branch of philosophy’s tree; 4.4. Hobbes on scepticism and the new moral science; 4.5. Spinoza on the new moral science as a descriptive science;4.6. Locke on voluntarism and probabilism; 4.7. Pufendorf on natural law as an exact science; 4.8. Pufendorf on physical and moral entities; 10. Pufendorf on self-preservation -/- V The empiricist version of the new moral science: from Cumberland to Paley 5.1. Cumberland against Hobbesian voluntarism; 5.2. Cumberland and theological consequentialism; 5.3. Cumberland on universal benevolence and self-love; 5.4. Shaftesbury on the moral sense; 5.5. Hutcheson on natural law and moral faculties; 5.6. Gay, Brown, Paley and theological consequentialism. -/- VI The rationalist version of the new moral science: from Cudworth to Price 6.1. The Cambridge Platonists; 6.2. Shaftesbury on the moral sense; 6.3. Butler and a third way between voluntarism and scepticism; 6.4. Price and the rational character of moral truths; -/- VII Leibniz’s compromise between the new moral science and Aristotelianism 1.Leibniz against voluntarism; 2.Leibniz against the division between the physical and the moral good; 3.Leibniz on la place d’autrui and theological consequentialism; 4.Thomasius, Wolff, Crusius -/- VIII French eighteenth-century philosophers without the new moral science 8.1. The genealogy of our ideas of virtue and vice; 8.2. Maupertuis and moral arithmetic 8.3. The philosophes and the harmony of interests; 8.4. Rousseau on corruption, self-love, and virtue; 8.5. Sade on the merits of vice -/- IX Experimental moral science: Hume and Adam Smith 9.1. Mandeville’s paradox; 9.2. Hutcheson on the law of nature and moral faculties; 9.3. Hume on experimental moral philosophy and the intermediate principles; 9.4. Hume’s Law; 9.5. Hume on the fellow-feeling; 9.6. Hume on natural and artificial virtues and disinterested pleasure for utility; 9.7. Adam Smith’s anti-realist metaethics; 9.8. Adam Smith on self-deception and the paradox of happiness; 9.9. Adam Smith on sympathy and the impartial spectator; 9.10. Adam Smith on the twofold criterion for moral judgement and its paradox; 9.11. Reid on the refutation of scepticism and the self-evidence of duty -/- X Kantian ethics 10.1. Kantian metaethics: moral epistemology; 10.2. Kantian metaethics: moral ontology; 10.3. Kantian metaethics: moral psychology; 10.4. Kantian normative ethics; 10.5. Kant on the impracticability of applied ethics; 10.6. Kantian moral anthropology; 10.7. Civilisation and moralisation; 10.8. Theology on a moral basis and the origins of evil; 10.9. Fichte and the transformation of theoretical philosophy into practical philosophy XI Bentham and utilitarianism 11.1. Bentham’s linguistic theory; 11.2. Bentham’s moral ontology, psychology, and theory of action; 11.3. The principle of greatest happiness; 11.4. The critique of religious ethics; 11.5. The new morality; 11.6. Interest and duty; 11.7. Virtues; 11.8. Private ethics and legislation -/- XII Followers of the Enlightenment: liberal Judaism and Liberal Theology 12.1. Mendelssohn; 12.2. Salomon Maimon; 12.3. Haskalā and liberal Judaism; 12.4. Liberal Theology. -/- XIII Counter-Enlighteners 13.1.Romanticism and the fulfilment of individuality as the Summum Bonum; 13.2. Hegel on history as the making of liberty; 13.3. Hegel on the unhappy consciousness and the beautiful soul; 13.4. Hegel on Morality and Sittlichkeit; 13.5. Marx on ideology, alienation, and praxis; 13.6. Schopenhauer on compassion; 13.7. Kierkegaard on faith beyond ethics. -/- XIV Followers of the Enlightenment: intuitionists and utilitarian 14.1 Whewell‘s criticism of utilitarianism; 14.2 Whewell on morality and the philosophy of morality; 14.3 Whewell on the Supreme Norm; 14.4 Whewell on the conflict between duties; 14.5 Mill and the proof of the principle of utility; 14.6 Mill’s eudemonistic utilitarianism; 14.7 Mill on rules -/- XV Followers of the Enlightenment: neo-Kantians and positivists 15.1. French spiritualism; 15.2. Neo-Kantians: the Marburg school; 15.3. Neo-Kantians: the Marburg school; 15.4. Comte’s positivism and the invention of altruism; 15.5. Social Darwinism; 15.6. Wundt and an ethic of humankind -/- XVI Post-enlighteners: Sidgwick 16.1. Criticism of intuitionism; 16.2. On ethical egoism; 16.3. Criticism of utilitarianism -/- XVII Post-enlighteners: Durkheim 17.1. Sociology as physics of customs; 17.2. Morality as physics of customs and as practical science; 17.3. On Kantian ethics and utilitarianism; 17.4. The variability of moralities;17.5. Social solidarity as end and justification of morality; 17.6. Secular morality as “sociodicy”; XVIII Post-enlighteners: Nietzsche 18.1. On the Dionysian; 18.2. On the deconstruction of the world of values 18.3 On the twofold genealogy of moralities; 18.4. On ascetics and nihilism; 18.5. Normative ethics of self-fulfilment -/- Bibliography / Index of names / Index of concepts -/- . (shrink)

Smith's famous invocation of the invisible hand -according to which self-interest promotes the greater good — has popularly been seen as a fundamental challenge to business ethics, a field committed to the opposite premise that the public interest cannot be advanced unless economic egoism is restrained by a more socially conscious mindset, one that takes into account the legitimate needs of stakeholders and the reciprocity inherent in networked relationships. Adam Smith has been brought into the discipline to show that his (...) authority cannot be summoned to fully support the free market sceptics of business ethics. Little has been done, however, to illustrate that Smith's moral writings actually contain the fundamentals of a business ethics teaching for managers who necessarily work within a variety of networks. This article analyses his moral thought to infer a Smithean framework of business ethics for managers. Smith believes that self-interest should be subordinated to moral imperatives, even in the business world. However, Smith rejects the principles of corporate social responsibility on the argument that benevolent impulses cannot be expected to prevail in the commercial arena. Instead of consciously trying to advance the social good, Smith's ideal manager will endeavour to personally live up to the standards enforced by an impartial spectator of his conduct, a theoretical entity reflecting the ethical requirements posed by the manager's social networks and stakeholder relationships. While this internalized onlooker expects a limited degree of benevolence, the overriding demand is for the manager to abide by the dictums of justice and prudence. (shrink)

This paper evaluates Amartya Sen’s criticisms of Rawls’s theory of justice, in particular his critique of the ideal versus nonideal distinction in Rawls, and corrects what I take to be various misconceptions that underpin this critique. I will then move on to the more general issue of how we are to understand the role of the ideal versus nonideal distinction (and how we ought not to understand it) before going on to consider one focused application of Sen’s ideas. I will (...) look at the choice between property-owning democracy and welfare state capitalism, drawing on the important work of Ingrid Robeyns specifically on “gender justice”, in order to argue that Sen’s methodological claims will – if heeded – send us all off on the wrong track. (shrink)

A number of commentators on Smith's philosophy have observed that the relationship between his moral theory and his theological beliefs is "exceedingly difficult to unravel". The available evidence, as generally presented, suggests that although Smith was not entirely orthodox by contemporary standards, he has no obvious or significant irreligious commitments or orientation. Contrary to this view of things, I argue that behind the veneer of orthodoxy that covers Smith's discussion in The Theory of the Moral Sentiments there are significant irreligious (...) themes present in his work. Two irreligious themes, I maintain, are especially important. The first is that the impartial spectator, as described in Smith's moral system, serves to sustain and support moral conduct and practice without any reliance on the goodness and justice of God in a future state. By this means, Smith is able to show how moral life is grounded in human nature without collapsing into the scepticism and "licentiousness" associated with the moral systems of Hobbes and Mandeville. On the other hand, related to this first irreligious theme, Smith also points out that there is no perfect match between virtue and happiness in this life. More specifically, he notes that even the mechanism of the impartial spectator cannot protect the innocent person from the miseries associated with unjust condemnation by others in our society. The general force of Smith's observations on this matter is not to justify the credibility of the doctrine of a future state but rather to explain its deep psychological roots in our (human) moral nature. In the final section of this paper I argue that although these two irreligious themes are clearly present in The Theory of the Moral Sentiments, Smith does not manifest the kind of systematic hostility to the influence of religion on moral life that features prominently in Hume's writings. On this basis, I conclude that Smith's views on ethics should be characterized as "weakly irreligious" in contrast with Hume's "strongly irreligious" ethical views. (shrink)

For Amartya Sen, Adam Smith’s notion of the impartial spectator is a device that brings “distant voices” into our moral deliberations in order to prevent us from the parochialism that can limit our views on particular issues. Whilst recognising its importance, this article suggests that there are some problems with the way Sen uses this in his The Idea of Justice. Tensions arise around issues relating to his interpretation of Smith, a one-sided and undialectical understanding of the operation of (...) the impartial spectator, an ambivalence in Sen’s approach between essentialism and cultural relativism, the capacity for people to carry out the demands of the impartial spectator and its efficacy in relation to real moral problems such as Smith’s case of infanticide. The conclusion is that in the search for openness, Sen leaves his idea of justice with insufficient grounding to forge a dialogue that can act as a challenge to entrenched beliefs rather than simply accept them in a limbo of fragile co-existence. (shrink)

For over twenty years, Brian Barry has been writing on the foundations of a liberal-democratic constitutional order. Standing against the trend towards relativism in political philosophy, Barry offers a contemporary restatement of the Enlightenment idea that certain basic principles can validly claim the allegiance of every reasonable human being.

Following a long-standing philosophical tradition, impartiality is a distinctive and determining feature of moral judgments, especially in matters of distributive justice. This broad ethical tradition was revived in welfare economics by Vickrey, and above all, Harsanyi, under the form of the so-called Impartial Observer Theorem. The paper offers an analytical reconstruction of this argument and a step-wise philosophical critique of its premisses. It eventually provides a new formal version of the theorem based on subjective probability.

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Adam Smith and the Virtues of EnlightenmentFred D. Miller Jr.Charles L. Griswold. Adam Smith and the Virtues of Enlightenment. Cambridge: Cambridge University Press, 1999. Pp. xiv + 412. Cloth, $59.95.For over a century, scholars have been vexed by the so-called "Adam Smith problem," which concerns the relationship between the two works which Smith published during his lifetime: The Theory of Moral Sentiments (TMS) in 1759, and An Inquiry (...) into the Nature and Causes of the Wealth of Nations (WN) in 1776 (citations are to the Liberty Classics reprints of the Oxford University Press editions). Many have regarded them as discordant: while TMS is apparently concerned with classical ethics, WN seems to assume that humans are basically egoistic, although they can be directed toward the public good by means of the "invisible hand." It is tempting to view Smith as a transitional author: TMS is the swan song of virtue ethics, whereas WN is a pioneering work in a new tradition of political economy.Griswold challenges this temptation in this brilliant study, arguing that Smith had a coherent and integrated philosophical viewpoint encompassing TMS, WN, and other surviving writings. Griswold views Smith as offering a virtue ethics and "throwing in his lot with the ancient moralists" (65). He argues, "We cannot grasp Smith's diagnosis of and therapy for the modern age without devoting considerable attention to his analysis of the virtues (especially the virtue of justice) as well as to the theory of the emotions, of the impartial spectator, and of sympathy" (20). Smith tried to reconcile a traditional ethics with modern skepticism and the new values associated with commercial society and religious secularism. Griswold's book illuminates a wide range of themes in Smith's moral philosophy: his view of rhetoric, method, and system underlying TMS (chapter 1); sympathy and self-interest (chapter 2); moral psychology and the theory of the impartial spectator (chapter 3); Smith's skepticism and reservations about philosophy (chapter 4); virtue theory (chapter 5); justice (chapter 6); the relationship between TMS and WN (chapter 7); and nature versus artifice in ethics (chapter 8). The epilogue critically discusses whether Smith's moral theory falls into subjectivism, and whether [End Page 439] Smith goes too far in excluding philosophers such as Socrates from ordinary moral discourse.A brief review cannot do justice to Griswold's compelling interpretation, and I shall focus on his solution to "the old problem of how the moral theory and the political economy mesh" (21). Griswold argues, "Smith sees himself as synthesizing an ancient view about the nature of virtue with a modern approach to the problem of the source of moral value. Consequently the moral psychology (especially the notions of sympathy and the impartial spectator) and the virtue theory must be understood in light of each other" (181). Further, "The virtue theory is the moral foundation of Smith's political economy, political theory, and 'natural jurisprudence.' Hence the virtue theory is closely tied to his doctrine of liberty as well as to his views about the pursuit of wealth. However 'ancient' the virtue theory may in some respects be, Smith combines it with a modern view of the social and political institutions appropriate to virtue" (ibid.). With impressive erudition Griswold argues that "taken together... TMS and WN form complementary parts of a larger whole" (265), and that Smith thinks "the virtues of a free and commercial society" may be defended on the basis of views espoused in WN: skepticism of state interference in economic and social matters, anti-utopianism, and the doctrine of the invisible hand (21). Yet WN does not place blind faith in laissez faire but advocates social justice, compulsory public education and greater taxes on the rich (254, 264, 359).Has Griswold, then, finally solved the Adam Smith Problem? There remains the problem that WN apparently neglects central themes of TMS: sympathy, the impartial spectator, and benevolence. In TMS virtue has distinctive components: "Concern for our own happiness recommends to us the virtue of prudence: concern for that of other people, the virtues of justice and beneficence" (TMS 262). These constitute perfect virtue: "The man who acts according to the rules of perfect... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Adam Smith and the Virtues of EnlightenmentFred D. Miller Jr.Charles L. Griswold. Adam Smith and the Virtues of Enlightenment. Cambridge: Cambridge University Press, 1999. Pp. xiv + 412. Cloth, $59.95.For over a century, scholars have been vexed by the so-called "Adam Smith problem," which concerns the relationship between the two works which Smith published during his lifetime: The Theory of Moral Sentiments (TMS) in 1759, and An Inquiry (...) into the Nature and Causes of the Wealth of Nations (WN) in 1776 (citations are to the Liberty Classics reprints of the Oxford University Press editions). Many have regarded them as discordant: while TMS is apparently concerned with classical ethics, WN seems to assume that humans are basically egoistic, although they can be directed toward the public good by means of the "invisible hand." It is tempting to view Smith as a transitional author: TMS is the swan song of virtue ethics, whereas WN is a pioneering work in a new tradition of political economy.Griswold challenges this temptation in this brilliant study, arguing that Smith had a coherent and integrated philosophical viewpoint encompassing TMS, WN, and other surviving writings. Griswold views Smith as offering a virtue ethics and "throwing in his lot with the ancient moralists" (65). He argues, "We cannot grasp Smith's diagnosis of and therapy for the modern age without devoting considerable attention to his analysis of the virtues (especially the virtue of justice) as well as to the theory of the emotions, of the impartial spectator, and of sympathy" (20). Smith tried to reconcile a traditional ethics with modern skepticism and the new values associated with commercial society and religious secularism. Griswold's book illuminates a wide range of themes in Smith's moral philosophy: his view of rhetoric, method, and system underlying TMS (chapter 1); sympathy and self-interest (chapter 2); moral psychology and the theory of the impartial spectator (chapter 3); Smith's skepticism and reservations about philosophy (chapter 4); virtue theory (chapter 5); justice (chapter 6); the relationship between TMS and WN (chapter 7); and nature versus artifice in ethics (chapter 8). The epilogue critically discusses whether Smith's moral theory falls into subjectivism, and whether [End Page 439] Smith goes too far in excluding philosophers such as Socrates from ordinary moral discourse.A brief review cannot do justice to Griswold's compelling interpretation, and I shall focus on his solution to "the old problem of how the moral theory and the political economy mesh" (21). Griswold argues, "Smith sees himself as synthesizing an ancient view about the nature of virtue with a modern approach to the problem of the source of moral value. Consequently the moral psychology (especially the notions of sympathy and the impartial spectator) and the virtue theory must be understood in light of each other" (181). Further, "The virtue theory is the moral foundation of Smith's political economy, political theory, and 'natural jurisprudence.' Hence the virtue theory is closely tied to his doctrine of liberty as well as to his views about the pursuit of wealth. However 'ancient' the virtue theory may in some respects be, Smith combines it with a modern view of the social and political institutions appropriate to virtue" (ibid.). With impressive erudition Griswold argues that "taken together... TMS and WN form complementary parts of a larger whole" (265), and that Smith thinks "the virtues of a free and commercial society" may be defended on the basis of views espoused in WN: skepticism of state interference in economic and social matters, anti-utopianism, and the doctrine of the invisible hand (21). Yet WN does not place blind faith in laissez faire but advocates social justice, compulsory public education and greater taxes on the rich (254, 264, 359).Has Griswold, then, finally solved the Adam Smith Problem? There remains the problem that WN apparently neglects central themes of TMS: sympathy, the impartial spectator, and benevolence. In TMS virtue has distinctive components: "Concern for our own happiness recommends to us the virtue of prudence: concern for that of other people, the virtues of justice and beneficence" (TMS 262). These constitute perfect virtue: "The man who acts according to the rules of perfect... (shrink)

We present an experiment designed to investigate three different mechanisms to achieve impartiality in distributive justice. We consider a first-person procedure, inspired by the Rawlsian veil of ignorance, and two third-party procedures, an involved spectator and a detached observer. First-person veiled stakeholders and involved spectators are affected by an initially unfair distribution that, in the stakeholders’ case, is to be redressed. We find substantial differences in the redressing task. Detached observers propose significantly fairer redistributions than veiled stakeholders or involved spectators. (...) Risk preferences partly explain why veiled stakeholders propose less egalitarian redistributions. Surprisingly, involved spectators, who are informed about their position in society, tend to favour stakeholders holding the same position as they do after the initial distribution. (shrink)

IntroductionThe various special concerns and commitments that individuals ordinarily have, for example towards family members, friends, and possibly compatriots, present an interesting challenge for justice. Justice, after all, is said to be blind and imposes demands on persons that ought to be impartial, at least in some respects, to personal ties and relationships. Yet individual special concerns are obviously of moral importance and are deeply valued by participants in these relationships. Thus any conception of justice to be plausible has (...) to be able to accommodate to some extent the various types of valuable and valued special concern characteristic of ordinary social life. In particular, it is important to see how the impartial demands of justice can be maintained while accommodating special concern. (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)

For the first time, in Hume and Smith, ‘sympathy’ occupies a central position as the principle of moral judgment. The key to solving the relationship between sympathy and economic thought lies in the theory of justice. Hume and Smith inherited Hutcheson’s criticism of the Hobbesian selfish system and considered humans selfish and social. For both, the relationship between selfishness and sympathy is neither a contradiction nor a subordinate structure in which selfishness ultimately dominates sympathy. In this joint project, Hume’s (...) institutional utilitarianism could justify Smith’s economic theories and provide Smith’s theory of government with a proper philosophical foundation. I argue that this is particularly significant because Smith himself failed to provide the foundation in areas where the idea of public utility plays a vital role, such as in the critical case of national defence and the decline of martial spirit. (shrink)

In this article I review Amaryta Sen’s powerful critique of transcendental institutionalism and his own ‘realization-focused comparison’ as an alternative way to think about justice. While deeply sympathetic with his critique of John Rawls I also argue that the role of the Kantian imagination is extremely important in figuring ideals of justice, which must guide ‘realization-focused comparison’. To do so I turn to Kant’s Critique of Judgment and his development of what he calls ‘aesthetic ideas’ as ways of representing (...) the great ideals such as freedom and equality, which can be aesthetically represented but never fully known. (shrink)

Accused persons who are subjected to a saturation level of negative media coverage may be denied an impartial hearing, which is perhaps the most important aspect of the right to a fair hearing. Despite this, the courts have generally held that the social imperative of prosecuting accused trumps the interests of the accused. The justification for an impartial hearing stems from the repugnance of convicting the innocent. Viewed dispassionately, this imperative is not absolute, given that every legal (...) system condones procedures which result in the conviction of some innocent people. While the importance of guarding against wrongful convictions has been overstated, the imperative to bring to trial all accused has been even more exaggerated. The legal system has displayed a capacity to deal with cases where the guilty walk free. The institutional integrity of the criminal justice system would be significantly compromised by convictions that are tarnished by pre-judgment. Confidence in the criminal justice system is more important than individual criminal accountability. The inability to receive an impartial hearing should result in a permanent stay. The only exception is where the alleged crime has the capacity to cause widespread fear or social unrest. This only applies in relation to serious acts of terrorism. This article focuses on recent legal fair trial developments in Australia, however, the analysis, reasoning and conclusion applies in relation to all jurisdictions where juries determine guilt and innocence. (shrink)

One of the most influential claims made by John Rawls in A Theory of Justice is that the principles of justice apply only to the institutions of the “basic structure of society,” and do not apply directly to the conduct of individuals. In this paper, I aim to cast doubt on this view, which I call “Institutionalism about Justice,” by considering whether several of the prominent motivations for it offered by Rawls and others succeed in providing the support for the (...) view that they claim. I argue that all of the motivations are problematic as grounds for accepting Institutionalism, at least in part because they, and the Institutionalist view that they are thought to support, seem to misconceive what our concern about justice is fundamentally a concern about. (shrink)

In this article, I defend the veil of ignorance against the objection that the device is inadequate for deriving demands of justice, because the veil of ignorance purportedly enforces a stronger form of impartiality than Kant’s categorical imperative and, primarily as a consequence, it generally leads to non-prioritarian conclusions. I show that the moral ideal of impartiality that is expressed by the veil of ignorance is not essentially different from Kant’s notion of impartiality and that it does not generally lead (...) to non-prioritarian conclusions. Although the moral ideal of impartiality that is modeled by the veil of ignorance demands solid justification for favoring particular positions of society, it generally does not rule out prioritarianism. Rather, the non-prioritarian conclusions reached by many theories of justice that rely on veil of ignorance reasoning are a result of the complex structures of these theories and the way that they combine and weigh different moral ideals, as well as their informational bases. (shrink)

The philosophic spectator watches from a distance as a “disinterested” and impartial member of an audience, Lectures on Kant’s political philosophy, University of Chicago Press, 1992; Kant, On history, Prentice Hall Inc, 1957). Judicial systems use many of the elements of the spectator in the concept of an eyewitness but, with increased video technology use, the courts have taken the witness a step further by hiring forensic video analysts. The analyst’s stance is rooted in objectivity, and the process of (...) breaking a video down to its component parts to examine it, but is it based on the philosophic spectator? To better understand whether the forensic video analyst has adopted the stance of the philosophic spectator, this paper examines both the analyst and spectator, and discusses the implications for how we think and administer justice. (shrink)

John Harsanyi and John Rawls both used the veil of ignorance thought experiment to study the problem of choosing between alternative social arrangements. With his ‘impartial observer theorem’, Harsanyi tried to show that the veil of ignorance argument leads inevitably to utilitarianism, an argument criticized by Sen, Weymark and others. A quite different use of the veil-of-ignorance concept is found in evolutionary biology. In the cell-division process called meiosis, in which sexually reproducing organisms produce gametes, the chromosome number (...) is halved; when meiosis is fair, each gene has only a fifty percent chance of making it into any gamete. This creates a Mendelian veil of ignorance, which has the effect of aligning the interests of all the genes in an organism. This paper shows how Harsanyi's version of the veil-of-ignorance argument can shed light on Mendelian genetics. There turns out to be an intriguing biological analogue of the impartial observer theorem that is immune from the Sen/Weymark objections to Harsanyi's original. View HTML Send article to KindleTo send this article to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about sending to your Kindle. Find out more about sending to your Kindle. Note you can select to send to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be sent to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply. Find out more about the Kindle Personal Document Service.SOCIAL JUSTICE, GENOMIC JUSTICE AND THE VEIL OF IGNORANCE: HARSANYI MEETS MENDELVolume 28, Issue 1Samir Okasha DOI: https://doi.org/10.1017/S0266267112000119Your Kindle email address Please provide your Kindle [email protected]@kindle.com Available formats PDF Please select a format to send. By using this service, you agree that you will only keep articles for personal use, and will not openly distribute them via Dropbox, Google Drive or other file sharing services. Please confirm that you accept the terms of use. Cancel Send ×Send article to Dropbox To send this article to your Dropbox account, please select one or more formats and confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about sending content to Dropbox. SOCIAL JUSTICE, GENOMIC JUSTICE AND THE VEIL OF IGNORANCE: HARSANYI MEETS MENDELVolume 28, Issue 1Samir Okasha DOI: https://doi.org/10.1017/S0266267112000119Available formats PDF Please select a format to send. By using this service, you agree that you will only keep articles for personal use, and will not openly distribute them via Dropbox, Google Drive or other file sharing services. Please confirm that you accept the terms of use. Cancel Send ×Send article to Google Drive To send this article to your Google Drive account, please select one or more formats and confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about sending content to Google Drive. SOCIAL JUSTICE, GENOMIC JUSTICE AND THE VEIL OF IGNORANCE: HARSANYI MEETS MENDELVolume 28, Issue 1Samir Okasha DOI: https://doi.org/10.1017/S0266267112000119Available formats PDF Please select a format to send. By using this service, you agree that you will only keep articles for personal use, and will not openly distribute them via Dropbox, Google Drive or other file sharing services. Please confirm that you accept the terms of use. Cancel Send ×Export citation Request permission. (shrink)

Existing philosophies of justice have failed to challenge and overcome the peculiar African crisis of development. The contract model of justice assumed that there would be justice when people acting as rational agents accepted basic practices of society that would assure their mutual advantage in the long run, this has not really worked in the development practice in many parts of the world, due to the nullifying effects of Kleptocracy, patrimonialism, institutional decay, antinomies and apathy, precipitation of primordial ethno-cultural enclaves (...) and other divisive factors. The utilitarian philosophy of justice, seen as a way of defining the greatest good or happiness of the greatest number of the society and the impartiality or respect model of justice, which suggests the recognition of the intrinsic worth of people as entities deserving of respect, whose interests should be maintained in the interest of the overall common good, have also failed due to the realities of cultural, historical and psychological inducements to truncate or restrictively appropriate the principles and institutions intended for the greater or common good; federalism, industrialization and social services. Taken together, these philosophies have not succeeded, due to obstructive cosmological templates that have re-institutionalized almost globally, a new wave of regressive authoritarianism, denial of economic and political rights, ossified anachronism deriving from both the primordial and colonial forms of ethno-religious prejudices, conflict driven mistrust and mutual hatred among groups. We therefore need to look in other directions. (shrink)

Critics of private charity often claim that the well-off should instead assist the disadvantaged through political reform. The present article explores this idea with reference to effective altruism, a powerful new paradigm in the ethics of philanthropy. Effective altruism presses the relatively affluent not only to give generously, but also to subject their practical deliberations to rigorous evaluations of impartiality and cost-effectiveness. The article contends that the movement’s sophisticated methods are not sufficient to overcome the worries of institutionalist critics. At (...) the same time, it shows that a transition from assistance to advocacy faces underappreciated and serious limitations. The measurement-based methods that allow effective altruists to identify promising assistance programs do not carry over well to political reform. In addition, unleashing greater private wealth into politics may exacerbate unequal opportunities for political influence. The article closes with preliminary suggestions for overcoming these concerns and connects them to broader developments in the politics of philanthropy. (shrink)

By considering what we identify as a problem inherent in the ‘nature of the firm’—the risk of abuse of authority—we propound the conception of a social contract theory of the firm which is truly Rawlsian in its inspiration. Hence, we link the social contract theory of the firm with the general theory of justice. Through this path, we enter the debate about whether firms can be part of Rawlsian theory of justice showing that corporate governance principles enter the (...) “basic structure.” Finally, we concur with Sen’s aim to broaden the realm of social justice beyond what he calls the ‘transcendental institutional perfectionism’ of Rawls’ theory. We maintain the contractarian approach to justice but introduce Sen’s capability concept as an element of the constitutional and post-constitutional contract model of institutions with special reference to corporate governance. Accordingly, rights over primary goods and capabilities are granted by the basic institutions of society, but many capabilities have to be turned into the functionings of many stakeholders through the operation of firms understood as post-constitutional institutional domains. The constitutional contract on the distribution of primary goods and capabilities should then shape the principles of corporate governance so that at post-constitutional level anyone may achieve her/his functionings in the corporate domain by exercising such capabilities. In the absence of such a condition, post-constitutional contracts would distort the process that descends from constitutional rights and capabilities toward social outcomes. (shrink)

Abstract In the last few decades, a growing number of commentators have questioned the appropriateness of the 'justice view' of ethics as a suitable approach in health care ethics, and most certainly in nursing. Essentially, in their ethical deliberations, it is argued that nurses do not readily adopt the high degree of impartiality and objectivity that is associated with a justice view; instead their moral practices are more accurately reflected through the use of alternative approaches such as relational or care-based (...) ethics. Yet, it has also been argued that this viewpoint does not necessarily 'do justice' to the broader moral responsibilities of nurses towards humanity in general, i.e. to the wider socio-cultural and socio-political issues in society, and to the concept of social justice in particular. This criticism has triggered a much closer examination of relational and care-based ethics in nursing at levels beyond individual responsiveness within relationships and brought into the spotlight the need for a more ethically refined nursing response to an increasingly complex set of socio-cultural inequalities. This article explores a relational ethic within nursing practices with contemporary ideas regarding social justice. In particular, it is argued that the synergy between the two actually produces an ethic that is capable of not only challenging the continuing predominance of justice-based ethics within health care, but of replacing it. Subsequently, in the discussion that follows, it is suggested that a combined social justice and relational care-based approach, as a social ethic, should guide the moral deliberations and actions of nurses. It is maintained that such an approach is not only possible, but crucial if nurses are to realize their full potential as ethical agents for individual and social good. © 2011 Blackwell Publishing Ltd. (shrink)

This article seeks to answer why North—South climate negotiations have gone on for decades without producing any substantial results. To address this question, we revisit and seek to integrate insights from several disparate theories, including structuralism (new and old), world systems theory, rational choice institutionalism, and social constructivism. We argue that the lack of convergence on climate grew almost inevitably from our starkly unequal world, which has created and perpetuated highly divergent ways of thinking (worldviews and causal beliefs) and (...) promoted particularistic notions of fairness (principled beliefs). We attempt to integrate structural insights about global inequality with the micro-motives of rational choice institutionalism. The structuralist insight that ‘unchecked inequality undermines cooperation’ suggests climate negotiations must be broadened to include a range of seemingly unrelated development issues such as trade, investment, debt, and intellectual property rights agreements. We conclude by reviewing the work of some ‘norm entrepreneurs’ bringing justice issues into climate negotiations and explore how these insights might influence ‘burden sharing’ discussions in the post-Kyoto world, where development is constrained by climate change. (shrink)

What is social justice? In _Theories of Justice_ Brian Barry provides a systematic and detailed analysis of two kinds of answers. One is that justice arises from a sense of the advantage to everyone of having constraints on the pursuit of self-interest. The other answer connects the idea of justice with that of impartiality. Though the first book of a trilogy, _Theories of Justice_ stands alone and constitutes a major contribution to the debate about social justice that began (...) in 1971 with Rawls's _A Theory of Justice_. (shrink)

In this article, I aim to clarify some key issues in the ongoing debate about the relationship between Rawlsian political philosophy and business ethics. First, I discuss precisely what we ought to be asking when we consider whether corporations are part of the “basic structure of society.” I suggest that the relevant questions have been mischaracterized in much of the existing debate, and that some key distinctions have been overlooked. I then argue that although Rawlsian theory’s potential implications for business (...) ethics are more extensive than some have suggested, the nature of the concern that we ought to have about the effects of corporate behavior on individuals’ economic and social conditions should lead us to reject the view that corporations are bound by principles of justice only if, and insofar as, they are part of the basic structure. (shrink)

What is social justice? In _Theories of Justice_ Brian Barry provides a systematic and detailed analysis of two kinds of answers. One is that justice arises from a sense of the advantage to everyone of having constraints on the pursuit of self-interest. The other answer connects the idea of justice with that of impartiality. Though the first book of a trilogy, _Theories of Justice_ stands alone and constitutes a major contribution to the debate about social justice that began (...) in 1971 with Rawls's _A Theory of Justice_. (shrink)

'Justice' and 'democracy' have alternated as dominant themes in political philosophy over the last fifty years. Since its revival in the middle of the twentieth century, political philosophy has focused on first one and then the other of these two themes. Rarely, however, has it succeeded in holding them in joint focus. This volume brings together leading authors who consider the relationship between democracy and justice in a set of specially written chapters. The intrinsic justness of democracy is challenged, the (...) relationship between justice, democracy and impartiality queried and the relationship between justice, democracy and the common good examined. Further chapters explore the problem of social exclusion and issues surrounding sub-national groups in the context of democracy and justice. Authors include Keith Dowding, Richard Arneson, Norman Schofield, Albert Weale, Robert E. Goodin, Jon Elster, David Miller, Phillip Pettit, Julian LeGrand and Russell Hardin. (shrink)

Against scepticism from thinkers including John Rawls and Thomas Nagel about the appropriateness of justice as the concept through which global ethical concerns should be approached, Amartya Sen argues that the problem lies not with the idea of justice, but with a particular approach to thinking of justice, namely a transcendental approach. In its stead Sen is determined to offer an alternative systematic theory of justice, namely a comparative approach, as a more promising foundation for a theory of ?global (...) justice.? But in the end Sen offers no such thing. He does not develop a theory of justice and this is all to the good; for if values are plural in the way Sen suggests, then justice is not a master idea but one value among many, and it should be neither the first virtue of social institutions, nor the notion that frames all our reflections on ethical and political life. (shrink)

G. A. Cohen argues that Rawls’s difference principle is incompatible with his endorsement of incentives inequality—higher pay for certain professions is just when that pay benefits everyone. Cohen concludes that Rawls must reject both incentives inequality and ‘institutionalism’—the view that egalitarian principles, including the difference principle, apply exclusively to social institutions. I argue that the premises of Cohen’s ‘internal criticism’ of Rawls require rejecting two important parts of his theory: a ‘subjective circumstance of justice’ and a ‘shared conception of (...) justice’. These are important parts of Rawls’s ‘constructivism’. Constructivism is the view that a conception of justice is the solution to a practical interaction problem and is solved in part by examining the facts of the problem. Thus, an upshot of my arguments is that this Cohen/Rawls dispute reduces to another dispute over ‘constructivism’. (shrink)

This paper offers a pragmatist reading of the political thought of Amartya Sen. In his recent book, The Idea of Justice, Sen argues against the transcendental institutionalism of John Rawls in favour of a comparative approach that differentiates what is more from what is less just. Sen’s fallibilistic approach to justice bears a strong affinity to classical and contemporary pragmatism. Reading Sen in a pragmatist light enables us to appreciate the nature, strengths, and weaknesses of his project. Relying on (...) the thought of Robert Brandom, this paper argues that the ongoing and indeterminate process of working out the details of an imperfect and evolving idea of justice through public reason is an example of what Brandom calls “making explicit in principle what is implicit in practice.” Brandom’s inferentialism offers a useful corrective to Sen’s intuitionism about the idea and perception of “manifest injustice.”. (shrink)

In The Idea of Justice Amartya Sen criticises ‘transcendental institutionalism’ for entertaining notions of ‘ideal justice’ that, are neither necessary nor sufficient for the advancement of justice in the real world. Sen argues in favor of a ‘realization- focused’ and ‘comparative’ understanding of justice that he associates with the names of Adam Smith, Marx, and J. S. Mill. Conceptions of ideal justice. Sen believes, are useless since in practice we do not need them to advance justice. And they are (...) ‘infeasible’ because all conceptions of ideal justice can be reasonably rejected for one reason or other. I shall address both complaints in turn and maintain that Sen’s rigid contra-position of ideal and comparative justice is overstated. It will also be discussed how the institutional focus of ‘transcendental institutionalism’ links up with the need for an ideal conception of justice. Finally, some implications of rational dissent about justice and two common strategies to deal with it will be discussed. (shrink)

In his recent bookThe Idea of Justice, Amartya Sen suggests that political philosophy should move beyond the dominant, Rawls-inspired, methodological paradigm – what Sen calls ‘transcendental institutionalism’ – towards a more practically oriented approach to justice: ‘realization-focused comparison’. In this article, I argue that Sen's call for a paradigm shift in thinking about justice is unwarranted. I show that his criticisms of the Rawlsian approach are either based on misunderstandings, or correct but of little consequence, and conclude that the (...) Rawlsian approach already delivers much of what Sen himself wants from a theory of justice. (shrink)