Some theories of practical reasons incorporate a lexical priority structure, according to which some practical reasons have infinitely greater weight than others. This includes absolute deontological theories and axiological theories that take some goods to be categorically superior to others. These theories face problems involving cases in which there is a non-extreme probability that a given reason applies. In view of such cases, lexical-priority theories are in danger of becoming irrelevant to decision-making, becoming absurdly demanding, or (...) generating paradoxical cases in which each of a pair of actions is permissible yet the pair is impermissible. (shrink)

A general criterion for distinguishing between epistemic and non-epistemic values is that the former promotes the attainment of truth whereas the latter does not. Daniel Steel is a proponent of this criterion, although it was initially proposed by McMullin. There are at least two consequences of this criterion; it always prioritizes epistemic values over non-epistemic values in scientific research, and it overlooks the diverse aims of science, especially the aims of regulatory or policy-oriented science. This criterion assumes the lexical (...) priority of truth or lexical priority of evidence. This paper attempts to show a few inadequacies of this assumption. The paper also demonstrates why epistemic priority over non-epistemic values is a problematic stance and how constraining the role of non-epistemic values as ‘tiebreakers’ may undermine the diverse aims of science. (shrink)

Many moral theories are committed to the idea that some kinds of moral considerations should be respected, whatever the cost to ‘lesser’ types of considerations. A person's life, for instance, should not be sacrificed for the trivial pleasures of others, no matter how many would benefit. However, according to the decision-theoretic critique of lexical priority theories, accepting lexical priorities inevitably leads us to make unacceptable decisions in risky situations. It seems that to operate in a risky world, (...) we must reject lexical priorities altogether. This paper argues that lexical priority theories can, in fact, offer satisfactory guidance in risky situations. It does so by equipping lexical priority theories with overlooked resources from decision theory. (shrink)

Rawls offers three arguments for the priority of liberty in Theory, two of which share a common error: the belief that once we have shown the instrumental value of the basic liberties for some essential purpose (e.g., securing self-respect), we have automatically shown the reason for their lexical priority. The third argument, however, does not share this error and can be reconstructed along Kantian lines: beginning with the Kantian conception of autonomy endorsed by Rawls in section 40 (...) of Theory, we can explain our highest-order interest in rationality, justify the lexical priority of all basic liberties, and reinterpret Rawls’ threshold condition for the application of the priority of liberty. Perhaps unsurprisingly, this Kantian reconstruction will not work within the radically different framework of Political Liberalism. (shrink)

John Rawls’s thesis that a certain package of basic liberties should be given lexical priority is of great interest for legal and political philosophy, but it has received relatively little defense from Rawls or his supporters. In this paper, I examine three arguments for the thesis: the first is based on the two ‘moral powers’; the second, on the social bases of self-respect; and the third, on a Kantian notion of autonomy. I argue none of these accounts successfully (...) establishes 1) the distinct claim of lexical priority, 2) for the complete package of basic liberties, on the basis of reasons that are appropriately public. In turn, I propose an alternative argument, in support of those two claims, based on the social or ‘relational’ conception of equality. (shrink)

The lexical priority of fair equality of opportunity in John Rawls’s justice as fairness, which has been sharply criticized by Larry Alexander and Richard Arneson among others, is left almost entirely undefended in Rawls’s works. I argue here that this priority rule can be successfully defended against its critics despite Rawls’s own doubts about it. Using the few textual clues he provides, I speculatively reconstruct his defense of this rule, showing that it can be grounded on our (...) interest in self-realization through work. This reconstructed defense makes liberal use of concepts already present in A Theory of Justice , including the Aristotelian Principle (which motivates the achievement of increasing virtuosity) and the Humboldtian concept of social union (which provides the context for the development of such virtuosity). I also show that this commitment to self-realization, far from violating the priority of right in Rawls’s theory, stems directly from his underlying commitment to autonomy, which is the very foundation of the moral law in his doctrine of right. The reconstituted defense of this priority rule not only strengthens the case for justice as fairness but also has important and controversial implications for public policy. (shrink)

A general criterion for distinguishing between epistemic and non-epistemic values is that the former promotes the attainment of truth whereas the latter does not. Daniel Steel is a proponent of this criterion, although it was initially proposed by McMullin. There are at least two consequences of this criterion; it always prioritizes epistemic values over non-epistemic values in scientific research, and it overlooks the diverse aims of science, especially the aims of regulatory or policy-oriented science. This criterion assumes the lexical (...) priority of truth or lexical priority of evidence. This paper attempts to show a few inadequacies of this assumption. The paper also demonstrates why epistemic priority over non-epistemic values is a problematic stance and how constraining the role of non-epistemic values as ‘tiebreakers’ may undermine the diverse aims of science. (shrink)

Rawls offers three arguments for the priority of liberty in Theory, two of which share a common error: the belief that once we have shown the instrumental value of the basic liberties for some essential purpose (e.g., securing self-respect), we have automatically shown the reason for their lexical priority. The third argument, however, does not share this error and can be reconstructed along Kantian lines: beginning with the Kantian conception of autonomy endorsed by Rawls in section 40 (...) of Theory, we can explain our highest-order interest in rationality, justify the lexical priority of all basic liberties, and reinterpret Rawls’ threshold condition for the application of the priority of liberty. Perhaps unsurprisingly, this Kantian reconstruction will not work within the radically different framework of Political Liberalism. (shrink)

We shall focus on moral theories that are solely concerned with promoting the benefits (e.g., wellbeing) of individuals and explore the possibility of such theories ascribing some priority to benefits to those who are worse off—without this priority being absolute. Utilitarianism (which evaluates alternatives on the basis of total or average benefits) ascribes no priority to the worse off, and leximin (which evaluates alternatives by giving lexical priority to the worst off, and then the second (...) worst off, and so on) ascribes absolute priority to the worse off (i.e., favors even a very small benefit to a worse off person over very large benefits to large numbers of better off people). Neither extreme view, we assume, is plausible. (shrink)

In this commentary on Torbjörn Tännsjö’s Setting Health-Care Priorities, I argue that sufficientarianism provides a valuable perspective in considering how to set health care priorities. I claim that pace Tännsjö, sufficientarianism does offer a distinct alternative to prioritarianism. To demonstrate this, I introduce sufficientarianism and distinguish two forms: Tännsjö’s “weak sufficientarianism” and an alternative strong form of sufficientarianism that I call “revised lexical sufficientarianism.” I raise a problem for Tännsjö’s sufficientarianism, and advocate for the revised view on this basis. (...) I then demonstrate that in the area of population ethics, the revised view outperforms the other views Tännsjö considers. As such, I aim to demonstrate that sufficientarianism — understood as its own theory and not just as a form of prioritarianism — offers unique advantages in population ethics, and would have been a valuable complement to the other theories Tännsjö considers. (shrink)

The present paper constitutes an introduction to a special issue of Diametros devoted to Setting Health-Care Priorities. What Ethical Theories Tell Us by Torbjörn Tännsjö. The book in question states that there are three moral theories which have valid implications in the field of the distribution of medical resources in a healthcare system: utilitarianism, the maximin/leximin view, and egalitarianism. A number of authors have contributed to this special issue with papers which challenge this thesis. Robert E. Goodin argues that, besides (...) general moral theories, some local principles of justice might be valid. Quinn Hiroshi Gibson states that Tännsjö should have considered the Rawlsian view on justice in its contractualist reading. Jay A. Zameska argues that his “revised lexical sufficientarianism” constitutes a more reliable moral view than prioritarianism. Finally, Lasse Nielsen points out that there is more to say about distributive justice than consequentialist theories can grasp. Moreover, he puts forward an argument in defense of prioritarianism. The final article in this issue constitutes Tännsjö’s replies to his critics. (shrink)

The Complex-First Paradox consists in a set of collectively incompatible but individually well-confirmed propositions that regard the evolution, development, and cortical realization of the meanings of concrete nouns. Although these meanings are acquired earlier than those of other word classes, they are semantically more complex and their cortical realizations more widely distributed. For a neurally implemented syntaxsemantics interface, it should thus take more effort to establish a link between a concept and its lexical expression. However, in ontogeny and phylogeny, (...) capabilities demanding more effort, ceteris paribus, develop and evolve later than those demanding less effort. The paradox points to an explanatory deficit in linguistic theory. (shrink)

Carl Knight argues that lexical sufficientarianism, which holds that sufficientarian concerns should have lexical priority over other distributive goals, is ‘excessive’ in many distinct ways and that sufficientarians should either defend weighted sufficientarianism or become prioritarians. In this article, I distinguish three types of weighted sufficientarianism and propose a weighted sufficientarian view that meets the excessiveness objection and is preferable to both Knight’s proposal and prioritarianism. More specifically, I defend a multi-threshold view which gives weighted priority (...) to benefits directly above and below its thresholds, but gives benefits below the lowest threshold lexical priority over benefits above the highest threshold. (shrink)

The paper examines the relationship between the two parts of Rawls’ second principle of justice. More specifically, it explores the ways in which the Difference Principle (DP) may constrain the range of acceptable social arrangements in light of the stated lexical priority of the requirement of fair equality of opportunity (FEO) over the DP. The paper discusses two possibilities. First, it examines the role the DP may play within an institutional scheme that satisfies the requirement of FEO. Second, (...) it discusses the role the principle may play in selecting among different institutional schemes that satisfy FEO. The paper argues that the DP has an important role only if there is a range of institutional arrangements that are equivalent from the point of view of FEO but non-equivalent from the point of view of the DP. Next, it explores the possible sources of the variation among the different FEO-equivalent institutional schemes, and argues that on the most satisfactory reading of the requirement of FEO, there will not be much variation that is relevant from the point of view of the DP. The paper concludes that the role of the Difference Principle is at best very limited in constraining the range of social arrangements that are acceptable from the point of view of justice. (shrink)

The standard version of sufficientarianism maintains that providing people with enough, or as close to enough as is possible, is lexically prior to other distributive goals. This article argues that this is excessive – more than distributive justice allows – in four distinct ways. These concern the magnitude of advantage, the number of beneficiaries, responsibility and desert, and above-threshold distribution. Sufficientarians can respond by accepting that providing enough unconditionally is more than distributive justice allows, instead balancing sufficiency against other considerations.

World Rugby (WR) announced in 2020 that transwomen should not be competing at the elite level because of safety and fairness concerns. WR and Jon Pike, a philosopher of sport advising them, adopted a lexical approach to get a grip on the three values in play: safety, fairness, and inclusion. Previously, governing bodies tried to balance these competing values. Michael Burke recently published a paper taking aim at Pike’s lexical approach. This is a reply to Burke.

Almost everyone believes that freedom from deprivation should have significant weight in specifying what justice between generations requires. Some theorists hold that it should always trump other distributive concerns. Other theorists hold that it should have some but not lexical priority. I argue instead that freedom from deprivation should have lexical priority in some cases, yet weighted priority in others. More specifically, I defend semi-strong sufficientarianism. This view posits a deprivation threshold at which people are (...) free from deprivation, and an affluence threshold at which people can live an affluent life, even though their lives may be even further improved beyond that point. I argue that freedom from deprivation in one generation lexically outweighs providing affluence in another generation; in all other cases, freedom from deprivation does not have lexical priority. (shrink)

With the publication of A Theory of Justice in 1971, John Rawls not only rejuvenated contemporary political philosophy but also defended a Kantian form of Enlightenment liberalism called “justice as fairness.” Enlightenment liberalism stresses the development and exercise of our capacity for autonomy, while Reformation liberalism emphasizes diversity and the toleration that encourages it. These two strands of liberalism are often mutually supporting, but they conflict in a surprising number of cases, whether over the accommodation of group difference, the design (...) of civic education, or the promotion of liberal values internationally. During the 1980’s, however, Rawls began to jettison key Kantian characteristics of his theory, a process culminating in the 1993 release of Political Liberalism and completing the transformation of justice as fairness into a Reformation liberalism. -/- Reconstructing Rawls argues that this transformation was a tragic mistake because it jeopardized the most important features of his theory, viz. the lexical priorities of right, liberty, and fair equality of opportunity as well as the difference principle. Controversially, this book contends that Rawls’s so-called “political turn,” motivated by a newfound interest in diversity and the accommodation of difference, has been unhealthy for autonomy-based liberalism and has pushed liberalism more broadly towards cultural relativism, be it in the guise of liberal multiculturalism or critiques of cosmopolitan distributive-justice theories. The book then demonstrates that the central elements of justice as fairness can only be defended within the context of a Kantian Enlightenment liberalism and that Rawls’s hope for a more pluralistic grounding for his theory, endorsed by a wide variety of belief systems present in modern democratic societies, is illusory. -/- Reconstructing Rawls is the first book to systematically compare Rawls’s and Kant’s theories and the first to offer an internal critique and reconstruction of justice as fairness, reconceiving it as a comprehensive, universalistic Kantian liberalism. By doing so, it gives us both the vision of a liberal world order—“a republicanism of all states, together and separately,” as Kant put it—and a mode of justification addressed to all men and women, not as members of particular nations, races, and faiths, but as human beings, as citizens of the world. In short, it reclaims Rawls for the Enlightenment. (shrink)

World Rugby (WR) announced in 2020 that transwomen should not be competing at the elite level because of safety and fairness concerns. WR and Jon Pike, a philosopher of sport advising them, adopted a lexical approach to get a grip on the three values in play: safety, fairness, and inclusion. Previously, governing bodies tried to balance these competing values. Michael Burke recently published a paper taking aim at Pike’s lexical approach.

Proponents of the value ladenness of science rely primarily on arguments from underdetermination or inductive risk, which share the premise that we should only consider values where the evidence runs out or leaves uncertainty; they adopt a criterion of lexical priority of evidence over values. The motivation behind lexical priority is to avoid reaching conclusions on the basis of wishful thinking rather than good evidence. This is a real concern, however, that giving lexical priority (...) to evidential considerations over values is a mistake and unnecessary for avoiding the wishful thinking. Values have a deeper role to play in science. (shrink)

In this paper, I link philosophical discussion of policies for trans inclusion or exclusion, to a method of policy making. I address the relationship between concerns about safety, fairness, and inclusion in policy making about the inclusion of transwomen athletes into women’s sport. I argue for an approach based on lexical priority rather than simple ‘balancing’, considering the different values in a specific order. I present justifying reasons for this approach and this lexical order, based on the (...) special obligations of International Federations such as World Rugby. As a result, I provide a justificatory framework for the WR Guidelines that exclude transwomen from the women’s game in WR competitions. Finally, I give an account of a maximally safe, maximally fair and maximally inclusive form of sex categorisation in sport. (shrink)

Much of contemporary political philosophy revolves around debates over perfectionism, which is the view that the state may, or should, promote valuable conceptions of the good life and discourage conceptions that are worthless or bad. Collis Tahzib has recently proposed a unique theory of perfectionism. I examine two central aspects of his theory: the amalgamation of public reason and perfectionism, and the employment of the Rawlsian lexical priority. I argue that Tahzib’s idea of perfectionist public reason has certain (...) serious problems. Additionally, Tahzib, like many other perfectionists, has neglected that many excellences are at once personal and civic. I sketch a perfectionist account of civic virtue, with the hope of opening up space for defending and justifying perfectionism. (shrink)

Critical response to John Rawls's The Law of Peopleshas been surprisingly harsh) Most of the complaints centre on Rawls's claim that there are no obligations of distributive justice among nations. Many of Rawls's critics evidently had been hoping for a global application of the difference principle, so that wealthier nations would be bound to assign lexical priority to the development of the poorest nations, or perhaps the primary goods endowment of the poorest citizens of any nation. Their subsequent (...) disappointment reveals that, while the reception of Rawls's political philosophy has been very broad, it has not been especially deep. Rawls has very good reason for denying that there are obligations of distributive justice in an international context. (shrink)

In this article, we suggest that the evidence regarding the social determinants of health calls for a deep re‐thinking of our understanding of distributive justice. Focusing on John Rawls's theory of distributive justice in particular, we argue that a full reckoning with the social determinants of health requires a re‐working of Rawls's principles of justice. We argue first that the social bases of health – a Rawlsian conception of the social determinants of health – should be considered a social primary (...) good. We argue second that including the social bases of health as a social primary good would lead the parties to the original position to choose an additional principle of justice and assign it lexical priority over Rawls's second principle. According to this principle, inequalities in people's share of the social bases of health are to be arranged so as to improve the health status of those least advantaged on the social health gradient. -/- . (shrink)

James Griffin has considered a form of superiority in value that is weaker than lexical priority as a possible remedy to the Repugnant Conclusion. In this article, I demonstrate that, in a context where value is additive, this weaker form collapses into the stronger form of superiority. And in a context where value is non-additive, weak superiority does not amount to a radical value difference at all. These results are applied on one of Larry Temkin's cases against transitivity. (...) I demonstrate that Temkin appeals to two conflicting notions of aggregation. I then spell out the consequences of these results for different interpretations of Griffin's suggestion regarding population ethics. None of them comes out very successful, but perhaps they nevertheless retain some interest. (shrink)

The first principle of Rawls’s conception of justice secures a set of ‘basic liberties’ equally for all citizens within the constitutional structure of society. The ‘worth’ of citizens’ liberties, however, may vary depending upon their wealth. Against Rawls, Cohen contends that an absence of money often can directly constrain citizens’ freedom and not simply its worth. This is because money often can remove legally enforced constraints on what citizens can do. Cohen’s argument – if modified to apply to citizens’ ‘moral (...) powers’ rather than ‘negative liberty’ – threatens a core feature of Rawls’s conception of justice, as it is unclear why the parties within the ‘original position’ would endorse the lexical priority of the first principle over the ‘difference principle’ if both principles similarly shape citizens’ freedom. I concede Cohen’s point regarding the relation between freedom and money but argue that it is not fatal to Rawls’s conception of justice if the ‘basic needs principle’ is understood to enjoy lexical priority over the first principle and is modified to include a right to adequate discretionary time. Nonetheless, Cohen’s argument helpfully highlights the infelicitous nature of Rawls’s terminology with respect to liberty: the basic needs principle, the first principle and the difference principle all should be understood as shaping citizens’ freedom to exercise their moral powers. (shrink)

In A Theory of Justice, John Rawls argues that self-respect is ‘perhaps the most important’ primary good and that its status as such gives crucial support to controversial ideas like the lexical priority of liberty. Given the importance of these ideas for Rawls, it should be no surprise that they have attracted much critical attention. In response to these critics, I give a defense of self-respect that grounds its importance in Rawls’s moral conception of the person. I show (...) that this understanding of self-respect goes well beyond giving support to the lexical priority of liberty, also supporting Rawls’s still more controversial view of public reason. On my account, taking self-respect seriously requires the coercive enforcement of public reason. This is a novel argument for public reason, in that it grounds the idea in justice as fairness and mandates its coercive enforcement. (shrink)

This paper offers a theory of how epistemic and practical reasons for belief can be combined into all‐things‐considered reason. Unlike alternative theories, it does not involve any sharp cut‐offs or lexical priorities among types of reason. The theory allows that the relative strengths of the practical and epistemic reasons matter, as does the distance between the epistemically rational credence and the practically rational credence. Although there are important differences between the structure of epistemic and practical reason, they can still (...) be combined in a satisfactory way. The central idea is that epistemic reason determines an epistemically rational doxastic state, and practical reason can push it around. (shrink)

In this paper, I present an obstacle to realizing John Rawls’s system of justice. The basic liberties have lexical priority, but they risk undermining fair equality of opportunity, because freedom of speech allows us to spread false prejudices. I present the obstacle through a pastiche of a notable fiction writer from the Indian sub-continent.

The difference principle, introduced by Rawls (1971, 1993), is generally interpreted as leximin, but this is not how he intended it. Rawls explicitly states that the difference principle requires that aggregate benefits (e.g., average or total) to those in the least advantaged group be given lexical priority over benefits to others, where the least advantaged group includes more than the strictly worst off individuals. We study the implications of adopting different approaches to the definition of the least advantaged (...) group and show that, if acyclicity is required, several seemingly plausible approaches lead to something close to leximin. We then show that significant aggregation is possible, if the least advantaged group is defined as those with those with less benefits than some strictly positive transform of the lowest level of benefits. Finally, we discuss the implications of requiring that, in comparing two alternatives, the cutoff for the least advantaged group of one alternative be the same as that for the other alternative. (shrink)

I critically analyze Kevin Elliott’s A Tapestry of Values in order to tease out his views on the nature and status of values or value judgments in the text. I show there is a tension in Elliott’s view that is closely connected to a major lacuna in the philosophical literature on values in science: the need for a better theory of values.

Aggregation-friendly moral theories such as classical utilitarianism are forced to invest a great deal of ingenuity in damping out and modulating the effects of welfare aggregation. In Mill's treatment, the problem famously appears as the puzzle of how the Principle of Liberty is meant to be compatible with the Principle of Utility, and there have been a great many attempted interpretations of his solution, all, in my view, unsatisfactory. I will first reconstruct Mill's generally unnoticed account of the psychological implementation (...) of higher pleasures; this will allow me to explain what the distinction between higher and lower pleasures was, and how Mill was introduced lexical preference orderings into his theory. Then I will show how the underlying psychological theory permits Mill to argue for the lexical priority of liberty over the goods which liberty allows us to obtain. Finally, I will turn to the Millian considerations omitted from the argument I will have reconstructed. By way of explaining why they are so difficult to accommodate, I will consider why Mill might have abandoned his projected sciences of character. I will take my leave by asking what Mill's failure to turn his implementation analysis of the higher pleasures into an argument expressing the importance of individuality and originality means for us. (shrink)

A half-century of Rawls interpreters have overemphasized economic equality in A Theory of Justice, slighting liberty—the central value of liberalism—in the process. From luck-egalitarian readings of Rawls to more recent claims that Rawls was a “reticent socialist,” these interpretations have obscured Rawls’s identity as a philosopher of freedom. They have also obscured the perhaps surprising fact that Rawlsian liberties (basic and non-basic) restrain and even undermine that same economic equality. As I will show in this article, such undermining occurs in (...) three areas: first, in the lexical priority of the basic liberties; second, in the (underappreciated) role played by free and competitive markets in Rawls’s theory; and third, in the structure and functioning of Rawls’s preferred economic institutions, viz., liberal socialism and property-owning democracy. (shrink)

A standard criticism of utilitarianism is that it is only indirectly concerned with the distribution of welfare between individuals and, therefore, does not take adequate account of the separateness between individuals. This has led some to conclude that the utilitarian must either downplay the moral significance of distinct identities (e.g. Parfit) or concede that justice represents a prior and independent constraint on the pursuit of the good (e.g. Rawls). An intriguing alternative presents itself if we accept that intrinsic value for (...) the world is independently generated by the receipt of welfare and the degree to which receipt accords with the demands of justice. Fred Feldman, for example, argues that an action is right if and only if it maximizes the sum of both these sources of intrinsic value. The proposal retains the aggregative structure of utilitarianism and takes into account the morally relevant differences between individuals. In response I argue that justice-adjusted utilitarianism collapses into a deontological theory because (i) the axiology assigns lexical priority to justice and (ii) the alleged intrinsic value of justice is entirely derivative. (shrink)

In an age in which the regulatory state frequently deals with spending, licensing, and employment, the use of allocating powers is perceived as an appealing means by which to prevent discriminatory practices against individuals within illiberal communities. In addition to its easy availability, conditional funding is regarded as both an effective and—in comparison with legal prohibitions—less drastic tool for the prevention of discrimination. Such conditions are thought to be efficient because they increase the relative cost of the discriminatory practice and (...) in doing so create an economical incentive to avoid discrimination. Moreover, these conditions are thought to be less-coercive , because they still allow those subject to them to choose between the more expensive option of discrimination and the cheaper option of non-discrimination. In other words, these conditions are perceived as "Less Drastic Means." In this Article, I will argue that such a perception is false. When applied to the poor such conditionality is not less coercive than prohibitions in criminal law. It is more than reasonable to assume that attempts to rectify this flaw by exempting poor people from conditional funding will render such funding ineffective in preventing discrimination. In the final analysis—when one takes into account both the problem of the commodification of values and the inequality between rich and poor—the use of conditional finding as a means of promoting liberal values will, in most cases, be unjust. If we believe that the antidiscrimination principle has a lexical priority over a parent’s right to educate their children in accordance to their culture, we should choose the path of prohibition and abandon that of conditional funding. (shrink)

Application of egalitarian and prioritarian accounts of health resource allocation in low‐income countries have both been criticized for implying distribution outcomes that allow decreasing/undermining health gains and for tolerating unacceptable standards of health care and health status that result from such allocation schemes. Insufficient health care and severe deprivation of health resources are difficult to accept even when justified by aggregative efficiency or legitimized by fair deliberative process in pursuing equality and priority oriented outcomes. I affirm the sufficientarian argument (...) that, given extreme scarcity of public health resources in low‐income countries, neither health status equality between populations nor priority for the worse off is normatively adequate. Nevertheless, the threshold norm alone need not be the sole consideration when a country's total health budget is extremely scarce. Threshold considerations are necessary in developing a theory of fair distribution of health resources that is sensitive to the lexically prior norm of sufficiency. Based on the intuition that shares must not be taken away from those who barely achieve a minimal level of health, I argue that assessments based on standards of minimal physical/mental health must be developed to evaluate the sufficiency of the total resources of health systems in low‐income countries prior to pursuing equality, priority, and efficiency based resource allocation. I also begin to examine how threshold sensitive health resource assessment could be used in the Philippines. (shrink)

Is the family subject to principles of justice? In "A Theory of Justice", John Rawls includes the (monogamous) family along with the market and the government as among the, "basic institutions of society", to which principles of justice apply. Justice, he famously insists, is primary in politics as truth is in science: the only excuse for tolerating injustice is that no lesser injustice is possible. The point of the present paper is that Rawls doesn't actually mean this. When it comes (...) to the family, and in particular its impact on fair equal opportunity, (the first part of the Difference Principle, Rawls' second principle of justice), he abandons the priority of justice. I also argue that he is right to do so. -/- The central argument is simple. As Rawls admits, what family one is raised by profoundly affects one's life chances: a child raised by a family has far greater life chances on every dimension than one raised in a poorer family that may lack books, education, and time to give the child attention. But the prevailing family arrangements in the industrialized West, assigning children to be raised by their biological parents, is guaranteed to perpetuate this injustice. While Rawls says an unjust institution in the basic structure of society, in which he includes the family, must be, "reformed or abolished," he refrains from calling for the reform or abolition of the family. We must simply work around it to compensate for the injustices he admits it involves. And this despite the fact that alternative arrangements involving communal child-rearing (Plato) or assigning children to those best qualified to raise them (Rousseau) are common in the philosophical literature. Moreover, the practice of having children raised by their biological parents is a relatively recent one, at least in the West, where, before the late 18th century, fostering-out or apprenticeship arrangements were normal and expected for both rich and poor for centuries. -/- Much of the paper is devoted to fine-grained textual analysis of Rawls' attempts to avoid the devastating implications of this argument for his theory of justice -- much of which are stated only in the original edition of "A Theory of Justice" and simply deleted, without substitution by anything better, in the second edition. In the end, Rawls has no way out. He cannot keep the priority of justice, fair equality of opportunity, and the monogamous family in which children are raised by their biological parents. As he admits, these are mutually inconsistent. -/- In the final part of the paper, I argue that Rawls should give up on the priority of justice. While child-rearing by the biological parents is a historical anomaly, in the real modern world it would be politically unfeasible to institute Platonic, Rousseauean, or similar legislation that purportedly assigned children to those best able to raise them, regardless of biological relationship. Since Rawls is committed to principles of political stability and feasibility, as he should be, and since ought implies can, such proposals are off the table. I concur with Rawls that we must work around this injustice, even those there are more just arrangements available in principle. But the cost of this -- less high than Rawls suggests -- is abandoning the principle of the priority of justice. Justice is one of a number of considerations that we must or may balance in deciding on the best attainable social relations. It is not a trump. However, this comes a great cost for Rawls: he must also abandon the lexical ordering of principles of justice or, in general, right or good principles of social order, in favor of the messy intuitionist balancing that his theory is designed to avoid. -/- One feature of the paper that is worth independent attention is a discussion of Marx's rejection of justice in the Critique of the Gotha Program, which I explicate, and urge, without adopting it, that it has a great deal more force than is widely understood. (shrink)

The Issues at Issue: Heidegger declares metaphor to be a function of metaphysics. Ricoeur's tension theory of metaphor takes the understanding of metaphor beyond metaphysics. Ricoeur's theory of metaphor is a theory of metaphorical statement not of naming. The classical, lexical theory of metaphor focuses on a primary meaning of each metaphor. As such metaphor is merely ornamentation in language. What it names could more appropriately be accomplished in literal language. In contrast, metaphor is understood by Ricoeur to be (...) a semantic event made possible by three kinds of tensions. One may understand symbols to function with the same metaphorical tensions. In the case of symbols, however, these tensions function not at the level of the sentence but rather of the narrative. Metaphor and symbol both have an ‘ontological priority’ over other elements of discourse and experience. They ‘work’ because of the event character of both understanding and experience. Understanding and experience have event as their condition of possibility. Metaphor and symbol both have a ‘temporal priority’, as well, for they serve as the shock to think ‘more’. This can occur, however, because they are part of a circularity that is non-metaphysical, that is, the circularity of the event character of the Being-of beings. Hence, just as metaphors are always ‘larger’ than the sentence, so are symbols always ‘larger’ than the narrative. (shrink)

According to the priority the modern anthropocentric direction, as well as the fact that the ontological existence of toponymic system merges with its mental existence, the consideration of the Bashkir toponymy from the standpoint of cognitive linguistics in the aspect of representation by toponymic system of toponymic identity and mental structures of a native speaker becomes inevitable. In connection with the goal and objectives of the work. certain methodological framework is settled that determines the classification of generalizing the results, (...) as well as possessing heuristic power, while allowing, on the one hand, to discover new aspects in the framework of the study subjects, on the other, establishing the new semantic links between previously known lexical units. It is proved that the Bashkir toponymic system should be considered as an organized fragment of a language picture of the world. It is stated that the ethno-linguistic study of toponymy Bashkir Ural-Volga region within ethno-ontological, interpretation to date still remains poorly known horizon of onomastics science. The article deals with the disclosure of the mentioned problems that are analyzed: ideographic classification as a framework of the cognitive process, cognitive approach to language etc. (shrink)

This article presents a detailed formal approach to concepts and concept combination. Sense generation is a competence‐level theory that attempts to respect constraints from the various cognitive sciences, and postulates “quasi‐classical” conceptual structures where attributes receive only one value (but are defeasible and so do not represent necessary and sufficient conditions on category membership) and where classification is binary (but explicitly context‐sensitive). It is also argued that any general theory of concepts must account for “privative” combinations (e.g., stone lion, fake (...) gun, apparent friend) as extreme test‐cases of representational and classificatory flexibility. The approach presented therefore provides a treatment of these combinations. The approach differentiates between the “lexical concept” (the stable information represented in a mental lexicon) which acts as a base from which the various “senses” (flexible contents associated with words and phrases in context, and used in classification) are “generated.” Generation allows nonmonotonicity, so that in different circumstances, different attributes may be defeated or modified. Classification is treated as relative to the perspective adopted, so that a classification acceptable from one perspective may be unacceptable from another, without contradiction. The result is a view that assumes bottom‐up priority in concept combination, where the range of senses generated by bottom‐up rules of combination is tempered by pragmatic‐communicative constraints on classification. An account of the representational and classification behavior of privative combinations is outlined, and the article concludes with a discussion of some of the implications of the approach. (shrink)

Although discussions of John Rawls’ A Theory of Justice generally refer to Rawls’ two principles of justice, and although Rawls himself labels his principles “the two principles of justice”, Rawls actually sets forth three distinct principles in the following lexical order: the liberty principle, the fair equality of opportunity principle, and the difference principle. Rawls argues at some length for the priority of the liberty principle over the other two. On the other hand, Rawls offers hardly any argument (...) at all for the priority of the fair equality of opportunity principle over the difference principle. In this article I will argue that making the fair equality of opportunity principle separate from and lexically prior to the difference principle is both intuitively unattractive and inconsistent with Rawls’ method of deriving principles of justice from the choices of rational contractors in the original position. (shrink)

Although discussions of John Rawls’ A Theory of Justice generally refer to Rawls’ two principles of justice, and although Rawls himself labels his principles “the two principles of justice”, Rawls actually sets forth three distinct principles in the following lexical order: the liberty principle, the fair equality of opportunity principle, and the difference principle. Rawls argues at some length for the priority of the liberty principle over the other two. On the other hand, Rawls offers hardly any argument (...) at all for the priority of the fair equality of opportunity principle over the difference principle. In this article I will argue that making the fair equality of opportunity principle separate from and lexically prior to the difference principle is both intuitively unattractive and inconsistent with Rawls’ method of deriving principles of justice from the choices of rational contractors in the original position. (shrink)

John Rawls presents a liberal conception of international justice in his book The Law of Peoples, and this liberal conception of international justice has inspired a variety of responses from various perspectives. However, it seems that most such responses come from western perspectives, and that there is hence a corresponding paucity of seriously challenging responses based on non-western traditions. This paper aims to analyze Rawls’s liberal conception of international justice in view of the concept of natural justice expressed within the (...) Book of Change in order to illuminate the limitations and problems of Rawls’s conception in practice as well as in theory. Rawls employs the idea of political liberalism to construct a liberal conception of international justice that can be applied to a society of societies. Rawls addresses the eight principles for justice among free and democratic peoples, which have been historically accepted by western peoples. He admits that these principles are incomplete. There is no theoretical order among the eight principles equivalent to the lexical order of the two principles of justice in A Theory of Justice. There are no guidelines or basic principles for resolving the problem of priority that arises when the principles are themselves in conflict with one another. This situation may generate competing conceptions of justice within the society of peoples. Rawls mentions natural justice in his explanation for the extension of liberal political principles to decent hierarchical peoples. He takes as an example of natural justice the rule of formal equality that “similar cases be treated similarly.” He does not develop any further the idea of natural justice for his theory of international justice, which could potentially span the gap between his ideal theory and non-ideal theory, or enhance the reasonableness of his international justice, especially for non-liberal peoples. The Book of Change expresses the idea of natural justice that underlies the principle of Yin-Yang, which differs fundamentally from the liberal contract paradigm. The paper will argue that the idea of natural justice should be seriously considered for justice among peoples since it can provide the bedrock for criticizing non-public reason as well as public reason. (shrink)

John Rawls presents a liberal conception of international justice in his book The Law of Peoples, and this liberal conception of international justice has inspired a variety of responses from various perspectives. However, it seems that most such responses come from western perspectives, and that there is hence a corresponding paucity of seriously challenging responses based on non-western traditions. This paper aims to analyze Rawls’s liberal conception of international justice in view of the concept of natural justice expressed within the (...) Book of Change in order to illuminate the limitations and problems of Rawls’s conception in practice as well as in theory. Rawls employs the idea of political liberalism to construct a liberal conception of international justice that can be applied to a society of societies. Rawls addresses the eight principles for justice among free and democratic peoples, which have been historically accepted by western peoples. He admits that these principles are incomplete. There is no theoretical order among the eight principles equivalent to the lexical order of the two principles of justice in A Theory of Justice. There are no guidelines or basic principles for resolving the problem of priority that arises when the principles are themselves in conflict with one another. This situation may generate competing conceptions of justice within the society of peoples. Rawls mentions natural justice in his explanation for the extension of liberal political principles to decent hierarchical peoples. He takes as an example of natural justice the rule of formal equality that “similar cases be treated similarly.” He does not develop any further the idea of natural justice for his theory of international justice, which could potentially span the gap between his ideal theory and non-ideal theory, or enhance the reasonableness of his international justice, especially for non-liberal peoples. The Book of Change expresses the idea of natural justice that underlies the principle of Yin-Yang, which differs fundamentally from the liberal contract paradigm. The paper will argue that the idea of natural justice should be seriously considered for justice among peoples since it can provide the bedrock for criticizing non-public reason as well as public reason. (shrink)

In an article published in Prolegomena 2006, Christoph Schmidt-Petri has defended his interpretation and attacked mine of Mill’s idea that higher kinds of pleasure are superior in quality to lower kinds, regardless of quantity. Millian qualitative superiorities as I understand them are infinite superiorities. In this paper, I clarify my interpretation and show how Schmidt-Petri has misrepresented it and ignored the obvious textual support for it. As a result, he fails to understand how genuine Millian qualitative superiorities determine the novel (...) structure of Mill’s pluralistic utilitarianism, in which a social code of justice that distributes equal rights and duties takes absolute priority over competing considerations. Schmidt-Petri’s own interpretation is a non-starter, because it does noteven recognize that Mill is talking about different kinds of pleasant feelings, such that the higher kinds are intrinsically more valuable than the lower. I conclude by outlining why my interpretation is free of any metaphysical commitment to the “essence” of pleasure. (shrink)

Definition is viewed in this paper as a cohesive element of theory, providing links between scientific constructs. The problem is approached first in terms of three orders--the historical, the logical, and the heuristic--in which the structure of science may be put together; a study of these is necessary if difficulties about priority of definition are to be resolved. The main part of the paper is devoted to an exercise in theory-construction which illustrates the five principal functions of definition--the grounding (...) of constructs in observation, their descriptive interrelation, the development of logico-mathematical calculi, the interpretation of these calculi, and the provision of precise, quasi-mathematical relations between the constructs themselves. Reference is made throughout to the many names for the defining process found in earlier works, and problems of contextual definition, reduction, stipulative and lexical definition, etc., are dealt with briefly. The theory thus constructed is represented diagrammatically. It is shown that the analysis may be simplified, in general terms, by the use of two new categories, "internal" and "external" definition; and that this innovation may prove helpful in clarifying some traditional obscurities, and in preserving a necessary balance between a purely logical and a purely empirical approach to the philosophy of science. (shrink)

After some preliminaries concerning the original character of Rawls's formulation of the problem of social justice the author discusses the question, whether the proposed principles of justice for the basic structure of society bear the marks of a liberal theory.The conclusion of this part (IA) is that Rawls seems to have in view a mixed society, or perhaps rather a society which transcends the contrast between liberalism and socialism.Some critics have ascribed to Rawls the view of man of classical liberalism (...) and for this reason have considered him a liberal. The author contends that these critics do not seem to have grasped the purely methodological significance of the concept of the original position. After some preliminaries concerning the original character of Rawls's formulation of the problem of social justice the author discusses the question, whether the proposed principles of justice for the basic structure of society bear the marks of a liberal theory.The conclusion of this part (IA) is that Rawls seems to have in view a mixed society, or perhaps rather a society which transcends the contrast between liberalism and socialism.Some critics have ascribed to Rawls the view of man of classical liberalism and for this reason have considered him a liberal. The author contends that these critics do not seem to have grasped the purely methodological significance of the concept of the original position. After a short interlude in which the conceptions of justice of Marx and Rawls are compared (IB) the author presents some considerations of a critical nature as regards the principles of justice (IC). The distinction between the general and the special conception of justice hinges on the lixical priority of freedom. Now, a contradiction seems to emerge between the fact that the choice in favor of the special conception is an absolute one, valid for all societies regardless of time and place, and the fact that the general conception is sometimes presented as a first phase in the evolution of a well-ordered society (sect.82). This is an indication that in Rawl's theory the priority of freedom is not as absolute as he thinks it to be. The decisive point in this respect seems to be the fact that the „fair value of liberty” (Sect. 36) would demand that a subsistence minimum is lexically prior to freedom. These seem to be serious inconsistencies for which nnno remedy can be found and which are apt to lead us back to „instuitionism” The author considers next (and this is his main point) the logical structure of Rawls's contract theory, which in his opinion stands in urgent need of clarification. It is argued that the concept of contract as such implies a certain indifference or indeterminateness as regards its result. At the other hand, the result (that which is agreed upon, i.e. the principles of justice) is ex hypothesi considered to explain „our considered judgements” in reflective equilibrium. In this way it appears that Rawl's central idea (rather implicitly) is : there exists a consensus as regards our considered judgements concerning justice and this consensus may be explained as resulting from a (hypothetical) contract. So the argument really is of a hypothetico-deductive nature and it would have been much better if Rawls had been clear about it himself. Some critical considerations follow. First attention is paid to the fact that strict observance is an essential element of the concept of contract and that from this point of view the three psychological laws (chapt. VIII) are of crucial importance to the theory. Their nature, however, is not altogether clear. They are neither empirical laws (because they presuppose a just institutional structure and a just society is said not to exist), nor are they a priori ones. So it is only left for us to say that they are construed as empirical laws. Now, the difficulty for Rawls with this must be that reliance on such laws is inconsistent with the rationality of the parties in the original position, because as a matter of fact these laws have not been tested empirically (the fact that they can not be tested in this way makes no difference at all). Secondly it is asked whether we are dealing with a contract doctrine at all. Starting from the question, whether in this theory the notion of contract (intended to explain our considered judgements as givens) really is an ultimate explanatory concept, it is argued that there are some anthropological presuppositions, which rather point in the direction of a theory of self-realization. This seems to be confirmed by some other features of the theory, e. g. the Aristotelian principle, the Kantian interpretation, the concept of natural rights, and society as a social union of social unions. In conclusion, neither Rawls's principles of justice nor his contract theory are sufficiently consistent to escape the need of reconsideration. (shrink)

How does a picture teach a viewer to look at it, understand it, and make meaning?. “Cross-mediality and narrative textual form: A semiotic snalysis of the lexical and visual signs and codes of the picture bnook.” Semiotica, 118 : 1–70 and Peter Pericles Trifonas.. “Texts and images.” In International handbook of semiotics, Vols. 1&2, edited by Peter Pericles Trifonas. The Netherlands: Springer. Pp. 1139–1154.) The suggestion for a pictorial grammar has been derived from the fact that pictures have no (...) unique visual metalanguage and therefore require recourse to language as an instrument for pictorial analysis. The lexical-visual relationship in a text is more complex than is suggested in the question. Proponents for the semiotic autonomy of pictures have objected that the commentaries of crossmedial contexts have not asserted the semiotic priority of the lexical over the visual message. ‘Is an autonomous semiotics of visual perception possible, or does the semiotic analysis of pictorial text always require recourse to the model of language?’. (shrink)