Methods in comparative work -- The sense of justice in Rawls -- The sense of justice in the analects -- Two senses of justice -- The contemporary relevance of a sense of justice.
Theories about man's moral sensibilities, particularly his sense of justice, tend to reflect either optimism or pessimism about human nature. Among modern theorists Hobbes, Hume, and Freud are perhaps the most outstanding representatives of pessimism. Recently, optimistic theories, which view the sense of justice as linked essentially to the sentiments of love and friendship, have found favor with philosophers. Of these theories John Rawls's is the most notable. Section I considers the conceptual scheme optimists advance to (...) establish this view of the sense of justice and argues that it has serious problems. Section II examines Rawls's account of moral development, which is an especially well worked out account on the optimistic side, and argues that, because it relies on the conceptual scheme discussed in Section I, it too is seriously problematic. Finally, Section III suggests that behind these problems lie reasons favoring a pessimistic view like Hume's or Freud's. (shrink)
The primary aim of this interpretive essay is to reconstruct some of the most important features of Rawls’s theory of justice, and to offer a hypothesis about how its assumptions and arguments are tied together in a highly structured construction. An almost philological approach is adopted to highlight Rawlsian ideas. First, I consider in what sense Rawls is an individualist and in what sense he is not. Fromthis I conclude that he ought not be charged of psychological (...) egoism or atomism. Then I consider the role of rational choice, the contract and the relation of the latter to the criterion of reflective equilibrium. Here, pride of place is given to the reflexive method, while the role of contract and rational choice, though not denied, is downgraded. Finally, I enquire whether Rawls can be considered a universalist, and suggest that this category, owing to the theory’s practical aim and pragmatic method, is of little use. If successful, my reconstruction should offer a better insight into the theory and dispel some possible misunderstandings. But my presentation should not be read as either an assessment or a defense. (shrink)
A penal ethics for today examines the connections between affect and morality. It scrutinises closely the felt moralities within the apprehension of crime. These felt moralities underpin interventions that are seemingly mobilised by a passion for justice. A penal ethics questions whether these sensibilities really do move moral actors as just feelings. This proposition is readily defended by reference to the emotive moralism in some notable areas. These include legitimation of the death penalty as ?closure? for victims, and the (...) emergent imperative to wage ?virtuous? wars. Developing an ethics that challenges the contemporary penal field requires a sophisticated theoretical elaboration. An approach of this kind entails the conceptual determination and phenomenological analysis of moral sensibilities. This essay accordingly explores the feeling of being moved by a sense of atrocity. It considers the feeling of being moved to respond justly to one globally noted death from crime. This was a death thought to have reinforced the West?s sense of moral purpose in the movement toward ?virtuous war? upon an Iraqi regime framed as ?brutal? (shrink)
This paper argues that a comparative study of the idea of a sense of justice in the work of John Rawls and the early Chinese philosopher Kongzi is mutually beneficial to our understanding of the thought of both figures. It also aims to provide an example of the relevance of moral psychology for basic questions in political philosophy. The paper offers an analysis of Rawls’s account of a sense of justice and its place within his theory (...) of justice, focusing on the features of this capacity and how it develops. It then provides an account of the sense of justice in Kongzi’s thought as it is seen in the Analects. Finally, it shows how examining the similarities and differences between the two accounts can deepen our understanding of both views, as well as our appreciation for the importance of understanding how a sense of justice develops. (shrink)
In Licensing Parents, Michael McFall argues that political structures, economics, education, racism, and sexism are secondary in importance to the inequality caused by families, and that the family plays the primary role in a child's acquisition of a sense of justice. He demonstrates that examination of the family is necessary in political philosophy and that informal structures (families) and considerations (character formation) must be taken seriously. McFall advocates a threshold that should be accepted by all political philosophers: children (...) should not be severely abused or neglected because child maltreatment often causes deep and irreparable individual and societal harm. The implications of this threshold are revolutionary, but this is not recognized fully because no philosophical book has systematically considered the ethical or political ramifications of child maltreatment. -/- By exposing a tension between the rights of children and adults, McFall reveals pervasive ageism; parental rights usually trump children's rights, and this is often justified because children are not fully autonomous. Yet parental rights should not always trump children's rights. Ethics and political philosophy are not only about rights, but also about duties--especially when considering potential parents who are unable or unwilling to provide minimally decent nurturance. While contemporary political philosophy focuses on adult rights, McFall examines systems whereby the interests and rights of children and parents are better balanced. This entails exploring when parental rights are defeasible and defending the ethics of licensing parents, whereby some people are precluded from rearing children. He argues that, if a sense of justice is largely developed in childhood, parents directly influence the character of future generations of adults in political society. A completely stable and well-ordered society needs stable and psychologically healthy citizens in addition to just laws, and McFall demonstrates how parental love and healthy families can help achieve this. (shrink)
The rubber hand illusion (RHI) is the experience of an artificial body part as being a real body part and the experience of touch coming from that artificial body part. An explanation of this illusion would take significant steps towards explaining the experience of embodiment in one’s own body. I present a new cognitive model to explain the RHI. I argue that the sense of embodiment arises when an on-line representation of the candidate body part is represented as matching (...) an off-line prototype representation of what one’s body is usually like. The cause of the sense of embodiment in the model body part only partially overlaps with the causes of proprioceptive drift, which commonly accompanies the RHI, and so is compatible with observed dissociations between the illusion and proprioceptive drift. The distinguishing features of this model are the off-line body representation, and the process of matching an on-line model to an off-line model, both of which are to be understood in terms of a conceptual space. -/- Key Words: Rubber Hand Illusion; RHI; Sense of Embodiment; Self Consciousness; Body Experience. (shrink)
We challenge Gallagher’s distinction between the sense of ownership (SO) and the sense of agency (SA) as two separable modalities of experience of the minimal self and argue that a careful investigation of the examples provided to promote this distinction in fact reveals that SO and SA are intimately related and modulate each other. We propose a way to differentiate between the various notions of SO and SA that are currently used interchangeably in the debate, and suggest a (...) more gradual reading of the two that allows for various blends of SO and SA. Such an approach not only provides us with a richer phenomenology but also with a more parsimonious view of the minimal self. (shrink)
The now growing literature on the content and sources of the phenomenology of first-person agency highlights the multi-faceted character of the phenomenology of agency and makes it clear that the experience of agency includes many other experiences as components. This paper examines the possible relations between these components of our experience of acting and the processes involved in action specification and action control. After a brief discussion of our awareness of our goals and means of action, it will focus on (...) the sense of agency for a given action, understood as the sense the agent has that he or she is the author of that action. I argue that the sense of agency can be analyzed as a compound of more basic experiences, including the experience of intentional causation, the sense of initiation and the sense of control. I further argue that the sense of control may itself be analysed into a number of more specific, partially dissociable experiences. (shrink)
I compare Frith and colleagues’ influential comparator account of how the sense of agency is elicited to the multifactorial weighting model advocated by Synofzik and colleagues. I defend the comparator model from the common objection that the actual sensory consequences of action are not needed to elicit the sense of agency. I examine the comparator model’s ability to explain the performance of healthy subjects and those suffering from delusions of alien control on various self-attribution tasks. It transpires that (...) the comparator model needs case-by-case adjustment to deal with problematic data. In response to this, the multifactorial weighting model of Synofzik and colleagues is introduced. Although this model is incomplete, it is more naturally constrained by the cases that are problematic for the comparator model. However, this model may be untestable. I conclude that currently the comparator model approach has stronger support than the multifactorial weighting model approach. (shrink)
The sense of embodiment is vital for self recognition. An examination of anosognosia for hemiplegia—the inability to recognise that one is paralysed down one side of one’s body—suggests the existence of ‘online’ and ‘offline’ representations of the body. Online representations of the body are representations of the body as it is currently, are newly constructed moment by moment and are directly “plugged into” current perception of the body. In contrast, offline representations of the body are representations of what the (...) body is usually like, are relatively stable and are constructed from online representations. This distinction is supported by an analysis of phantom limb—the feeling that an amputated limb is still present—phenomena. Initially it seems that the sense of embodiment may arise from either of these types of representation; however, an integrated representation of the body seems to be required. It is suggested information from vision and emotions is involved in generating these representations. A lack of access to online representations of the body does not necessarily lead to a loss in the sense of embodiment. An integrated offline representation of the body could account for the sense of embodiment and perform the functions attributed to this sense. (shrink)
De Vignemont argues that the sense of ownership comes from the localization of bodily sensation on a map of the body that is part of the body schema. This model should be taken as a model of the sense of embodiment. I argue that the body schema lacks the theoretical resources needed to explain this phenomenology. Furthermore, there is some reason to think that a deficient sense of embodiment is not associated with a deficient body schema. The (...) data de Vignemont uses to argue that the body image does not underlie the sense of embodiment does not rule out the possibility that part of the body image I call 'offline representations' underlies the sense of embodiment. An alternative model of the sense of embodiment in terms of offline representations of the body is presented. (shrink)
In his celebrated work, A Theory of Justice (1971), John Rawls argues that, from behind the veil of ignorance, parties in the original position will employ the maximin decision rule to reason to his two principles of justice. In this journal, Olatunji Oyeshile offers a brief and concise outline of some of the historical criticisms of that argument. Oyeshile offers two important criticisms of Rawls' argument. Both, however, are somewhat misplaced, as I shall show. First, he claims that (...) decision theory offers parties in the original position other decision procedures. In fact, none of the alternatives are suitable, given the situation. And second, parties in the original position would first guarantee some minimum of libertarian goods, and then seek additional profits. This objection demonstrates a misunderstanding of the place of the maximin decision rule, as I shall show. -/- I believe that both criticisms stem from a close and careful reading of Buchanan's essay on Rawls. Unfortunately, Buchanan himself seemed to have misunderstood Rawls' original arguments. I rely on problems in Buchanan's original work to defend Rawls' theory against Oyeshile's criticisms. (shrink)
Sen argues that Rawls’ political theory suffers from the flaw of “institutional fundamentalism.” In response, he develops an alternate theory of justice that does not rely upon contractarian premises. I argue that Sen’s theory largely maps on to the insights of classic pragmatist thought. Further, the pragmatic tradition can help critique and supplement Sen’s project.
Recent literature on the relationship between knowledge and justice has tended to focus exclusively on the social and ethical dimensions of this relationship (e.g. social injustices related to knowledge and power, etc.). For the purposes of this article, I am interested in examining the virtue of justice and its effects on the cognitive faculties of its possessor (and, correspondingly, the effects of the vice of injustice). Drawing upon Thomas Aquinas’s account of the virtue of justice, I argue (...) that in certain cases justice can be a criterion of epistemic evaluation and that it deserves more attention than it has been given among virtue epistemologists. More precisely, the virtue of justice may become a criterion of epistemic evaluation in cases when a belief is formed on the basis of testimony. It would seem that there are cases when A’s assent to proposition p is something that is owed to B on the basis of B’s testimony; or there may be instances when A is culpable for declining to let B’s testimony have any effect on A’s belief. I briefly sketch four distinct scenarios in which this bears out. (shrink)
A Treatise of Human Nature was published between 1739 and 1740. Book I, entitled Of the Understanding, contains Hume's epistemology, i.e., his account of the manner in which we acquire knowledge in general, its justification (to the extent that he thought it could be justified), and its limits. Book II, entitled Of the Passions, expounds most of what could be called Hume's philosophy of psychology in general, and his moral psychology (including discussions of the problem of the freedom of the (...) will and the rationality of action) in particular. Book III, entitled Of Morals, is also divided into three parts. Part II of Book III, entitled Of justice and injustice, is the subject of the present volume. In it Hume attempts to give an empiricist theory of justice. He rejects the view, approximated to in varying degrees by Cumberland, Cudworth, Locke, Clarke, Wollaston, and Butler, that justice is something natural and part of the nature of things, and that its edicts are eternal and immutable, and discernible by reason. Hume maintains, on the contrary, as did Hobbes and Mandeville, that justice is a matter of observing rules or conventions which are of human invention, and that, in consequence, our acquiring a knowledge of justice is an empirical affair of ascertaining what these rules or conventions are. (shrink)
In this book, Jiwei Ci explores the dual nature of justice, in an attempt to make unitary sense of key features of justice reflected in its close relation to ...
There has been a recent revival of interest in the medieval just war theory. But what is the virtue of justice needed to make war just? War is a complex and protracted activity. It is argued that a variety of virtues of justice, as well as a variety of virtues are required to guide the application of the use of force. Although it is mistaken to regard war as punishment, punitive justice—bringing to account those guilty of initiating (...) an unjust war or of war crimes in its conduct— has an important role to play after conflict to restore the wrongs of war and help establish a just peace. Justice as fairness is needed to guide the distribution of resources and so reduce the grounds for war. Protective justice—protecting a community or innocents from harmful attack—helps define what constitutes a just cause for war and so constrains the occasions for war. The just principles set out the criteria to be met if war is to be morally permissible. In practice, this challenging demand requires that political leaders and military at all levels learn and exercise the virtues, particularly the cardinal virtues of justice, courage, self-control and practical wisdom. If we are to make war just and to make only just war, we need justice understood in its broadest sense. Such justice, as Aristotle noted, “is not a part but the whole of virtue.”. (shrink)
Game theoretic explanations of the evolution of human behavior have become increasingly widespread. At their best, they allow us to abstract from misleading particulars in order to better recognize and appreciate broad patterns in the phenomena of human social life. We discuss this explanatory strategy, contrasting it with the particularist methodology of contemporary evolutionary psychology. We introduce some guidelines for the assessment of evolutionary game theoretic explanations of human behavior: such explanations should be representative, robust, and flexible. Distinguishing these features (...) sharply can help to clarify the import and accuracy of game theorists' claims about the robustness and stability of their explanatory schemes. Our central example is the work of Brian Skyrms, who offers a game theoretic account of the evolution of our sense of justice. Modeling the same Nash game as Skyrms, we show that, while Skyrms' account is robust with respect to certain kinds of variation, it fares less well in other respects. (shrink)
In this essay, I address one methodological aspect of Victor Tadros's The Ends of Harm--namely, the moral character of the theory of criminal punishment it defends. First, I offer a brief reconstruction of this dimension of the argument, highlighting some of its distinctive strengths while drawing attention to particular inconsistencies. I then argue that Tadros ought to refrain from developing this approach in terms of an overly narrow understanding of the morality of harming as fully unified and reconciled under the (...) lone heading of justice. In a final and most critical section, I offer arguments for why this reconciliatory commitment, further constrained by a misplaced emphasis on corrective justice, generates major problems for his general deterrence account of the core justification of criminal punishment. (shrink)
We offer a theory regarding the symbolism of the human body in legal discourse. The theory blends legal theory, the neuroscience of empathy, and biosemiotics, a branch of semiotics that combines semiotics with theoretical biology. Our theory posits that this symbolism of the body is not solely a metaphor or semiotic sign of how law is cognitively structured in the mind. We propose that it also signifies neurobiological mechanisms of social emotion in the brain that are involved in the social (...) and moral decision-making and behavior that law generally seeks to govern. Specifically, we hypothesize that the symbol of a collective human body in the language of law signifies neural mechanisms of pain empathy which generate a virtual, neurally simulated, emotional sense of sharing the feelings or pain of others and of thereby being one-in-body with or virtually equal to them. We speculate that this may be the neural basis of what is signified in legal and political theory as the “body politic” or “sense of equality,” because neuroscience and psychiatry further suggest that such pain empathy may provide the natural, emotional motivation to think and act in a rights-based manner. We conclude that misunderstanding of these neural mechanisms of pain empathy and related misinterpretation of this corporeal symbolism for the same may have long resulted in legal discourse that misinterprets the function of “pain” in the law and misinterprets the associated positive law, specifically the law regarding individual, equality-based rights and criminal justice, in particular, punishment theory. (shrink)
AnsrRAcr. This is a critical analysis of John Rawls’s A Theory of Justice. Rawls offers a theoretical justihcation of social democratic principles of justice. He argues that they are the principles which rational men would choose, under defined constraints, in an original position of social contract. The author criticises Rawls’s assumption that men of any background, of any socialisation, would choose these principles in the original position. He argues that the choice which Rawls imputes to his contractors reflects (...) a specific socialisation — one dominant in Western democracies. The theory is useful because it systematises a particular sense of justice ; it is in no sense however a universal theory. (shrink)
In my 1990 work – Marxism, Morality, and Social Justice – I argued for four modifications of Rawls’s principles of social justice and rendered a modified version of his theory in four principles, the first of which is the Basic Rights Principle demanding the protection of people’s security and subsistence rights. In both his Political Liberalism (1993) and Justice as Fairness (2001) Rawls explicitly refers to my version of his theory, clearly accepting three of my four proposed (...) modifications but rejecting the fourth -- the demand for social and economic (in addition to political) democracy – on grounds that it automatically justifies socialism as opposed to capitalism. I argue, contrary to Rawls, that it is not true that this demand automatically picks (democratic) socialism as the preferable socioeconomic/political system and that a Social and Economic Democracy Principle demanding workplace and neighborhood democracy is officially neutral between these two systems … although plausible empirical assumptions may, indeed, favor the former. I then reprise my second version of Rawls’s theory of social justice which is composed of the following principles arranged in a very strong order of priority (if not quite a lexical order): (1) Basic Rights Principle, (2) Equal Basic Liberties Principle, (3) Fair Equality of Opportunity Principle, (4) Modified Difference Principle, and (5) Social and Economic Democracy Principle. (shrink)
Machine generated contents note: Introduction. -- Prologue: From the Standard Model to a Sense of Justice. -- 1: The Terrain of Justice. -- 2: Teleology and Tutelage in Plato's Republic. -- 3: Aristotle's Theory of Justice. -- 4: From Nature to Artifice: Aristotle to Hobbes. -- 5: The Emergence of Utility. -- 6: Kant's Theory of Justice. -- 7: The Idea of Social Justice. -- 8: The Theory of Justice as Fairness. -- Epilogue: (...) From Social Justice to Global Justice? -- Source Notes. -- Glossary of Names. -- Index. (shrink)
David Lyons is one of the preeminent philosophers of law active in the United States. This volume comprises essays written over a period of twenty years in which Professor Lyons outlines his fundamental views about the nature of law and its relation to morality and justice. The underlying theme of the book is that a system of law has only a tenuous connection with morality and justice. Contrary to those legal theorists who maintain that no matter how bad (...) the law of a community might be, strict conformity to existing law automatically dispenses "formal" justice, Professor Lyons contends that the law must earn the respect that it demands. Moreover, we cannot, as some would suggest, interpret law in a value-neutral manner. Rather courts should interpret statutes, judicial precedents, and constitutional provisions in terms of values that would justify those laws. In this way officials can promote the justifiability of what they do to people in the name of law, and can help the law live up to its moral pretensions. (shrink)
The Pigou-Dalton (PD) principle recommends a non-leaky, non-rank-switching transfer of goods from someone with more goods to someone with less. This Article defends the PD principle as an aspect of distributive justice—enabling the comparison of two distributions, neither completely equal, as more or less just. It shows how the PD principle flows from a particular view, adumbrated by Thomas Nagel, about the grounding of distributive justice in individuals’ “claims.” And it criticizes two competing frameworks for thinking about (...) class='Hi'>justice that less clearly support the principle: the veil-of-ignorance framework, and Larry Temkin’s proposal that fairer distributions are those concerning which individuals have fewer “complaints.” -/- The Article also clarifies the relation between the PD principle and prioritarianism. Prioritarians will surely endorse the PD principle (with the “good” individual well-being), but they are also committed to a distinct axiom of separability: the moral value of someone’s well-being change does not depend upon her position relative to others. The PD principle neither implies separability, nor is implied by it. Although prioritarianism is very plausible, the case for the PD principle is yet more compelling than for the combination of that principle with separability. In discussing prioritarianism, we should differentiate between these two, logically independent aspects of the view. -/- . (shrink)
The problem of standard-of-care in clinical research concerns the level of care that investigators ought to provide to research subjects in the control arm of their clinical trials. Commentators differ sharply on whether subjects in trials conducted in lower income countries should be provided with the same level of care as subjects in trials conducted in higher income countries. I consider an argument that commentators have employed on both sides of this debate: professional role arguments. These arguments claim to justify (...) a conclusion to the standard-of-care problem solely by appeal to the professional obligations that investigators possess. I argue that prominent versions of professional role arguments cannot justify a solution to the problem of standard-of-care that is both determinate and reasonable simply by appeal to the professional obligations of investigators. Instead, to do so, one must also (1) determine the level of care or types of treatment that individuals are entitled to as a matter of distributive justice, and (2) identify which agents possess the duties that correspond to these entitlements. The level of care that investigators owe to subjects in the control arm of their clinical trials is thus in part dependent on the level of care that these subjects are entitled to as a matter of distributive justice, and whether it is the investigators who possess the corresponding distributive obligation to provide them with the care that they are entitled to. (shrink)
According to Jean-Luc Nancy the essential condition for the existence of sense is the 'otherness' of our being-together. For John Cassavetes being-together makes sense only there where it escapes sense. It will be shown that in fact that both propositions derive from a qualitative distance at the heart of our being-together. This qualitative distance triggers the circulation of sense and leaves sense always open. It is in this way that being-together responds of sense absolutely (...) (responding to its content – the acquired meanings – and its structure – sense’s referentiality) by foreclosing any absolute sense, maintaining itself as it were as the moving horizon of sense. (shrink)
This book looks at the civil justice system - the courts and what they do; legal aid and other methods of providing access to justice; lawyers and their conduct; and the role of legal procedure. It also looks at the impact the civil justice system has on wider society, and its relationship with economics and commercial development. The book is largely focussed on Britain, but includes material from the USA, the Indian sub-continent, south-east Asia, and Aboriginal society (...) in Australia. (shrink)
David Hume famously states, in his A Treatise of Human Nature, “that ’tis only from the selfishness and confin’d generosity of men, along with the scanty provision nature has made for his wants, that justice derives its origin” (T.3.2.2.18; SBN 495).1 This is Hume’s summary of the conditions under which the very idea of rules of justice makes practical sense, and he effectively repeats it in the Enquiry Concerning the Principles of Morals (EPM 3.12; SBN 188).2 To (...) put it briefly at the outset, Hume’s point is simply this: if there was either a superabundance or drastic scarcity of resources, or if everyone were either completely and unfailingly virtuous or completely and unfailingly wicked, we would not need rules .. (shrink)
In this article, I argue that Gadamer's hermeneutics of historical tradition does not imply a conservative stance on ethical and political issues. My essay seeks to show that Gadamer's philosophy leaves ample room for normative criticism, objectivity, and theories of justice at odds with conventional common sense. I critically examine Walzer's Spheres of Justice, reading it as an attempt to obtain a normative account of justice based on a hermeneutical framework of interpretation. I make several criticisms (...) of Walzer's method and results, which I use to develop my own critical model for interpreting, criticizing, and revising traditional understandings, and common sense meanings. My conclusion is that we need to extend Gadamer's philosophy, in order to identify the ways that established traditions of understanding and common sense can result from, or produce, inconsistency, irrationality, hermeneutical incoherence, and meaningless deprivations or suffering. This essay thus seeks to develop an influential continental philosophy in a direction that makes fruitful contact with Anglo-American theories of justice, and normativity. (shrink)
In his A Theory of Justice, John Rawls suggests that a society's notion of justice informs its distribution of rights, obligations, and goods. For him, "justice as fairness" ensures that the principles dictating this distribution be agreed upon fairly. I will argue that there is no exact parallel in the Chinese tradition to what Rawls is calling "justice as fairness." Instead, we see serving a similar purpose an emphasis on the regulation of harmonious processes within the (...) body of society. This can be seen in the use of the Chinese word zhi (ÖÎ) to refer both to governing and to healing. In this sense, Chinese ideas about justice seem to come closer to Plato than to Rawls. (shrink)
Theorists of global justice confront an apparent dilemma. If citizens in the developed world have duties of (socio-economic) justice to those elsewhere on the globe, then it is supposed that the duties must be very extensive indeed, requiring the same concern to be shown for everyone on earth. Those who deny that global obligations are as extensive as domestic obligations seem therefore to have to concede that any obligations beyond borders must be based on charity, rather than (...) class='Hi'>justice. The assumption on which this dilemma is based is that 'justice is uniform'. In this paper I argue that such an assumption should be rejected in favour of the view that justice is relative to norms of cooperation. Consequently it is possible to develop a view of 'justice but not the same justice': the ‘layers of justice’ view. (shrink)
In Natural Justice Binmore offers a game-theoretic map to the landscape of human morality. Following a long tradition of such accounts, Binmore’s argument concerns the forces of biological and cultural evolution that have shaped our judgments about the appropriate distribution of resources. In this sense, Binmore focuses on the morality of outcomes. This is a valuable perspective to which we add a friendly amendment from our own research: moral judgments appear to depend on process just as much as (...) outcome. What matters is not just that the butler is dead, but who killed him, how, and for what reason. Thus, a complete understanding of ‘natural justice’ will entail an account not only of evolutionary pressures, but also of the psychological mechanisms upon which they act. (shrink)
Although both the American Catholic bishops and their commentators seem to agree that the economics pastoral is capitalist, if anything, in its ideology, a careful reading of the pastoral shows that the principle of social justice implicit in it is actually socialist, indeed communist, in nature. The bishops arrived at such a principle because of their interpretation of the biblical sense of justice as entailing a preferential option for the poor. To justify this option on a rational (...) basis, they developed a theory of social justice that may be summarized in the principle, familiar from Marx's writings, From each according to one's ability, to each according to one's needs. Whether or not the bishops intended such a convergence in principle, this development sets them at odds with the capitalist ideology of the United States. (shrink)
What is art really about? What is its true sense? For John Sallis, we cannot gain a genuine understanding of art by merely translating its effects into conceptual language. Rather, works of art must be approached in a way that does justice to their sensuous and enigmatic character—that illuminates their capacity to present truth without pretending to dispel the real mystery at art’s core. Transfigurements develops a framework for thinking about art through innovative readings of some of the (...) most important philosophical writing on the subject by Kant, Hegel, and Heidegger. Sallis exposes new layers in these texts and theories while also marking their limits. By doing so, his aim is to show that philosophy needs to attend to art directly. Consequently, Sallis also addresses a wide range of works of art, including paintings by Raphael, Monet, and Klee; Shakespeare’s comedies; and the music of Beethoven, Schubert, Mahler, and Tan Dun. Through these interpretations of classic works from both fields, Sallis puts forth a compelling new elaboration of the philosophy of art. (shrink)
In Natural Justice Binmore offers a game-theoretic map to the landscape of human morality. Following a long tradition of such accounts, Binmore’s argument concerns the forces of biological and cultural evolution that have shaped our judgments about the appropriate distribution of resources. In this sense, Binmore focuses on the morality of outcomes. This is a valuable perspective to which we add a friendly amendment from our own research: moral judgments appear to depend on process just as much as (...) outcome. What matters is not just that the butler is dead, but who killed him, how, and for what reason. Thus, a complete understanding of ‘natural justice’ will entail an account not only of evolutionary pressures, but also of the psychological mechanisms upon which they act. (shrink)
This paper discusses certain problems arising within the treatment of the senses of functions in Alonzo Church's Logic of Sense and Denotation. Church understands such senses themselves to be "sense-functions," functions from sense to sense. However, the conditions he lays out under which a sense-function is to be regarded as a sense presenting another function as denotation allow for certain undesirable results given certain unusual or "deviant" sense-functions. Certain absurdities result, e.g., an argument (...) can be found for equating any two senses of the same type. An alternative treatment of the senses of functions is discussed, and is thought to do better justice to Frege's original theory. (shrink)
Justice and Libertarianism The term ‘justice’ is commonly used in several different ways. Sometimes it designates the moral permissibility of political structures (such as legal systems). Sometimes it designates moral fairness (as opposed to efficiency or other considerations that are relevant to moral permissibility). Sometimes it designates legitimacy in the sense of it being morally impermissible for others to interfere forcibly with the act or omission (e.g., my failing to go to dinner with my mother may be (...) wrong but nonetheless legitimate). Finally, sometimes it designates what we owe each other in the sense of respecting everyone’s rights. Of course, these notions are closely related. What we owe each other may, but need not, be partly based on issues of fairness. Legitimacy and permissibility of political structures are largely, but perhaps not entirely, determined by what rights of non-interference individuals have. Nonetheless, these are distinct notions and we shall focus only on what we owe each other. Justice as what we owe each other is not concerned with impersonal duties (duties owed to no one, i.e., that do not correspond to anyone’s rights). If there are impersonal duties, then something can be just but nonetheless morally impermissible. For brevity, we shall often write of actions being permissible or agents having a moral liberty, but this should always be understood in the interpersonal sense of violating no one’s rights. Libertarianism is sometimes advocated as a derivative set of rules (e.g., derived from rule utilitarian or contractarian doctrines). Here, however, we reserve the term for the natural rights doctrine that agents initially fully own themselves. Agents are full self-owners just in case they own themselves in precisely the same way that they can fully own inanimate objects. Stated slightly differently, full self-owners own themselves in the same way that a full chattel-slaveowner owns a slave. Throughout, we are concerned with moral ownership and not legal ownership.. (shrink)
There is a sense of doing justice prior to the juxtaposition of theory and practice, accounting for an ontological vulnerability prior to both social power andsocial vulnerability. Justice in the sense of “being true” involves fidelity to truth that we neither possess nor construct, preceding all efforts to enact justice. The charge to be just precedes any just act. There is a “patience of being,” or a receiving of being before acting, which we must then (...) actively take up. All this has implications for the practices of philosophy, including transcending the will to power by not clinging to one’s own place in History. The philosopher stands back and enters the void space of the human soul which is vulnerable, both terrorized and capable of terrorizing. This void is a “porosity of the soul” rather than pure nothingness. Though it is no particular project or activity, it allows all openness, receiving, and self-transcendence, and out of it comes the practical energy that feeds activity. The poverty of philosophy means relinquishing meaningless activity of construction in a purposeless universe by a willingness to be nothing, understanding the patience of being before servility and sovereignty, and the justice beyond them. (shrink)
The paper seeks to contribute to the transitional justice literature by overcoming the Democracy v. Justice debate. This debate is normatively implausible and prudentially self-defeating. Normatively, transitional justice will be conceptualised as an imperative of democratic equal concern. Prudentially, it can prevent further violence and provide an opportunity for initiating processes of democratic emotional socialisation. The resentment and indignation animating transitions should be acknowledged as markers of a sense of justice. As such, they can help (...) the reproduction of democracy. However, their public expression must be institutionally filtered through democratic norms. The consistent institutional instantiation of equal respect can educate and recuperate negative emotions for democracy. (shrink)
The President's Commission for the Study of Ethical Problems in Medicine and Biomedical and Behavioral Research published in March of 1983 its Report, Securing Access to Health Care: The Ethical Implications of Differences in the Availability of Health Services . Concluding that there are "ethical obligations" on behalf of society which are balanced by individual obligations, the Report provides an ethical framework for ensuring "ultimate responsibility" of the Federal government to arrange for equitable access to health and to a fair (...) share of cost. In doing so the Report neither makes justice nor beneficence the prime moral principle in public health care, it rather calls for a common sense approach in "approximating adequacy". But how to define equality without creating uniformity in a society rich in its diversity, including attitudes towards health? Keywords: justice, beneficence, right to health care, equality, distribution CiteULike Connotea Del.icio.us What's this? (shrink)
Are positive duties to help others in need mere informal duties of virtue or can they also be enforceable duties of justice? In this paper I defend the claim that some positive duties (which I call basic positive duties) can be duties of justice against one of the most important prin- cipled objections to it. This is the libertarian challenge, according to which only negative duties to avoid harming others can be duties of justice, whereas positive duties (...) (basic or nonbasic) must be seen, at best, as informal moral requirements or recommendations. I focus on the contractarian version of the libertarian challenge as recently presented by Jan Narveson. I claim that Narveson’s contractarian construal of libertarianism is not only intuitively weak, but is also subject to decisive internal problems. I argue, in particular, that it does not pro- vide a clear rationale for distinguishing between informal duties of virtue and enforceable duties of justice, that it can neither successfully justify libertarianism’s protection of negative rights nor its denial of positive ones, and that it fails to undermine the claim that basic positive duties are duties of global justice. -/- . (shrink)
Making sense of modeling: beyond representation Content Type Journal Article Category Original paper in Philosophy of Science Pages 335-352 DOI 10.1007/s13194-011-0032-8 Authors Isabelle Peschard, Philosophy Department, San Francisco State University, 1600 Holloway Ave, San Francisco, CA 94132, USA Journal European Journal for Philosophy of Science Online ISSN 1879-4920 Print ISSN 1879-4912 Journal Volume Volume 1 Journal Issue Volume 1, Number 3.
John Rawls famously claims that ‘justice is the first virtue of social institutions’. On one of its readings, this remark seems to suggest that social institutions are essential for obligations of justice to arise. The spirit of this interpretation has recently sparked a new debate about the grounds of justice. What are the conditions that generate principles of distributive justice? I am interested in a specific version of this question. What conditions generate egalitarian principles of distributive (...)justice and give rise to equality as a demand of justice? My paper focuses on relationalist answers to this question. Advocates of relationalism assume that ‘principles of distributive justice have a relational basis’, in the sense that ‘practice mediated relations in which individuals stand condition the content, scope and justification of those principles’. To say that principles of justice are ‘based’ on and ‘conditioned’ by practice mediated relations is ambiguous. I will here be concerned with advocates of what I call the relationalist requirement , viz. positions which assume that ‘practice mediated relations’ constitute a necessary existence condition for principles of egalitarian distributive justice. Relationalists who endorse this view come in different varieties. My focus is on relationalists that view social and political institutions as the relevant ‘practice mediated relation’. The question at stake, then, is this: Are institutionally mediated relations a necessary condition for equality to arise as a demand of justice? Strong relationalists of the institutionalist cast, call them advocates of the institutionalist requirement , differ in important respects. They argue about what set of institutions is foundationally significant, and they disagree on why only that institutional relation gives rise to egalitarian obligations of justice. My paper engages two ways of arguing for the institutionalist requirement : Julius’s framing argument and Andrea Sangiovanni’s reciprocity argument . The issue at stake are the grounds of egalitarian justice and I will argue that the institutionalist requirement is mistaken. It is not the case that egalitarian obligations of distributive justice arise only between and solely in virtue of individuals sharing a common institution. (shrink)
In this article, I seek to make sense of the oft-invoked idea of 'public emergency' and of some of its (supposedly) radical moral implications. I challenge controversial claims by Tom Sorell, Michael Walzer, and Giorgio Agamben, and argue for a more discriminating understanding of the category and its moral force.
From Schmidtz, one might expect a theory of justice, basically along libertarian lines. The book may surprise, though not disappoint, for that is not quite what one would find. Instead, the title is apt. Schmidtz says that there is a terrain of justice, the terrain of what people are due, and it has a certain kind of unity.
This article aims to investigate the way in which a political theory of justice should respond to the endorsement of pluralism. After offering reasons in support of the necessity for such a theory to take pluralism seriously, an argument is put forward for its characterization in minimal and procedural terms. However, taking issue with the straightforward relationship of implication identified by a number of scholars between pluralism and procedural justice, this article contends that a direct relation can only (...) be established between pluralism and the need to define a minimal theory of justice, i.e. a theory that assumes as little as possible in terms of values and views of the world. Its procedural formulation is seen, instead, as a consequence of the limited predictive power of theory facing the heterogeneous situations with which it is expected to deal. (shrink)
During the 2007–2008 global food crisis, the prices of primary foods, in particular, peaked. Subsequently, governments concerned about food security and investors keen to capitalize on profit-maximizing opportunities undertook large-scale land acquisitions (LASLA) in, predominantly, least developed countries (LDCs). Economically speaking, this market reaction is highly welcome, as it should (1) improve food security and lower prices through more efficient food production while (2) host countries benefit from development opportunities. However, our assessment of the debate on the issues indicates critical (...) voices in both the media and academic discourse. This article aims to provide a philosophical law and economics analysis. We draw on John Rawls’s Theory of Justice, focusing on Rawls’s background institutions for distributive justice (§43) to evaluate LASLA form an ethical angle. Approaching LASLA into Sub Saharan LDCs as a socio-economic reform redistributing land from the local population of LDCs to investors, we acknowledge that they bear a highly desirable potential. Often, though, they cannot be regarded as ethically correct in practice as the insignificant improvements for local populations and sometimes even human rights violations contradict Rawls’s principles of justice. Then investigating whether and how international law can help overcome the shortcomings, we conclude that even though respective mechanisms exist in the current state of international law, it is hardly possible that it will produce more just outcomes in the near future. (shrink)
This paper demonstrates that when the concept of ethicalpolitical responsibility is taken in its modern sense as a decision or outcome based on the protocols of reason, responsibility is neither simply possible nor simply impossible. Paradoxically, it appeals to a demand that it cannot fulfil; responsibility is thus (im)possible. Moreover, insofar as a deconstructive demonstration of this aporia is itself a response to reason’s own demand, deconstruction cannot be characterized as simply responsible or irresponsible. Rather, deconstruction inscribes itself as (...) the interior limit of the order of ethics, of responsibility, as such. Deconstruction is thus characterized best as an (ir)responsible interrogation of the very principle of reason to which political philosophers such as Habermas appeal when they invoke responsibility. To this extent deconstruction enacts the strange responsibility of interrogating critically precisely what is deemed ‘just’. Key Words: critique • deconstruction • Derrida • Enlightenment • ethics • Habermas • justice • modernity • reason • responsibility. (shrink)
The dominant approach to evaluating the law on evidence and proof focuses on how the trial system should be structured to guard against error. This book argues instead that complex and intertwining moral and epistemic considerations come into view when departing from the standpoint of a detached observer and taking the perspective of the person responsible for making findings of fact. Ho contends that it is only by exploring the nature and content of deliberative responsibility that the role and purpose (...) of much of the law can be fully understood. In many cases, values other than truth have to be respected, not simply as side-constraints, but as values which are internal to the nature and purpose of the trial. A party does not merely have a right that the substantive law be correctly applied to objectively true findings of fact, and a right to have the case tried under rationally structured rules. The party has, more broadly, a right to a just verdict, where justice must be understood to incorporate a moral evaluation of the process which led to the outcome. Ho argues that there is an important sense in which truth and justice are not opposing considerations; rather, principles of one kind reinforce demands of the other. This book argues that the court must not only find the truth to do justice, it must do justice in finding the truth. (shrink)
I distill three somewhat interrelated approaches to the ethical criticism of humor: (1) attitude-based theories, (2) merited-response theories, and (3) emotional responsibility theories. I direct the brunt of my effort at showing the limitations of the attitudinal endorsement theory by presenting new criticisms of Ronald de Sousa’s position. Then, I turn to assess the strengths of the other two approaches, showing that that their major formulations implicitly require the problematic attitudinal endorsement theory. I argue for an effects-mediated responsibility theory , (...) holding that the strongest ethical criticism that can be made of our sense of humor is that it might indicate some omission on our part. This omission could only be culpable in so far as a particular joke could do harm to oneself or others. In response to Ted Cohen’s doubts that such a mechanism of harm is forthcoming, I argue that the primary vehicle of the harmful effects of humor is laughter. (shrink)
What should our theorizing about social justice aim at? Many political philosophers think that a crucial goal is to identify a perfectly just society. Amartya Sen disagrees. In The Idea of Justice, he argues that the proper goal of an inquiry about justice is to undertake comparative assessments of feasible social scenarios in order to identify reforms that involve justice-enhancement, or injustice-reduction, even if the results fall short of perfect justice. Sen calls this the “comparative (...) approach” to the theory of justice. He urges its adoption on the basis of a sustained critique of the former approach, which he calls “transcendental.” In this paper I pursue two tasks, one critical and the other constructive. First, I argue that Sen’s account of the contrast between the transcendental and the comparative approaches is not convincing, and second, I suggest what I take to be a broader and more plausible account of comparative assessments of justice. The core claim is that political philosophers should not shy away from the pursuit of ambitious theories of justice (including, for example, ideal theories of perfect justice), although they should engage in careful consideration of issues of political feasibility bearing on their practical implementation. (shrink)
Compelling research in international relations and international political economy on global warming suggests that one part of any meaningful effort to radically reverse current trends of increasing green house gas (GHG) emissions is shared policies among states that generate costs for such emissions in many if not most of the world’s regions. Effectively employing such policies involves gaining much more extensive global commitments and developing much stronger compliance mechanism than those currently found in the Kyoto Protocol. In other words, global (...) warming raises the prospect that we need a global form of political authority that could coordinate the actions of states in order to address this environmental threat. This in turn suggests that any serious effort to mitigate climate change will entail new limits on the sovereignty of states. In this book I focus on the normative question of whether or not we have clear moral reasons to bind ourselves together in such a supranational form of political association. I argue that one can employ familiar liberal arguments for the moral legitimacy of political order at the state level to show that we do have a duty to support such a global political project. Even if one adopts the premises employed by the most influential forms of liberal scepticism to the ideas of global political and distributive justice, such as those advanced by John Rawls and Thomas Nagel, it is clear that the threat of global warming has expanded the scope of justice. We now have a global and demanding duty of justice to create the political conditions that would allow us to collectively address our impact on the Earth’s atmosphere. (shrink)
Targeting injustices that cut across borders, they are making the scale of justice an object of explicit struggle.Inspired by these efforts, Nancy Fraser asks: ...
Epicurus is one of the first social contract theorists, holding that justice is an agreement neither to harm nor be harmed. He also says that living justly is necessary and sufficient for living pleasantly, which is the Epicurean goal. Some say that there are two accounts of justice in Epicurus -- one as a personal virtue, the other as a virtue of institutions. I argue that the personal virtue derives from compliance with just social institutions, and so we (...) need to (...) attribute only one account of justice to Epicurus. I show how this interpretation makes sense of claims about justice by Epicurus and his followers, including Hermarchus, Lucretius, and Diogenes of Oinoanda. (shrink)
A response to G.A. Cohen's argument that a prevailing "ethos" of justice would prevent a Rawlsian just society from having any income inequalities. I suggest that Cohen's argument fails because a Rawlsian ethos would involve correlates of both of Rawls' principles of justice.
Though the Revised Edition of A Theory of Justice, published in 1999, is the definitive statement of Rawlsıs view, so much of the extensive literature on ...
Book Abstract: 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)
Within the literature in green political theory on global environmental threats one can often find dissatisfaction with liberal theories of justice. This is true even though liberal cosmopolitans regularly point to global environmental problems as one reason for expanding the scope of justice beyond the territorial limits of the state. One of the causes for scepticism towards liberal approaches is that many of the most notable anti-cosmopolitan theories are also advanced by liberals. In this paper, I first explain (...) why one of the strongest expressions of liberal anti-cosmopolitanism cannot simply be dismissed because it may fail to support desired environmental ends. The political conception of justice represents one of the most important challenges to cosmopolitanism generally and is thus a serious challenge to viewing global environmental problems in terms of cosmopolitan justice. Second, I will show through the case of anthropogenic global warming that the political conception of justice under current conditions does have clear cosmopolitan implications despite its proponents' claims. (shrink)
In Book III, Part 2 of the Treatise, Hume presents a natural history of justice. Self-interest clearly plays a central role in his account; our ancestors invented justice conventions, he maintains, for the sake of reciprocal advantage. But this is not what makes his approach so novel and attractive. Hume recognizes that prudential considerations are not sufficient to explain how human beings – with our propensities towards temporal discounting and free-riding – could have established conventions for social exchange (...) and collective action in commercial societies. This leads him to develop an innovative account of the role that emotional aversions play in establishing trust between strategically rational agents. (shrink)
Introduction: the foundation of justice -- Practical reason and justifying reasons: on the foundation of morality -- Moral autonomy and the autonomy of morality: toward a theory of normativity after Kant -- Ethics and morality -- The justification of justice: Rawls's political liberalism and Habermas's discourse theory in dialogue -- Political liberty: integrating five conceptions of autonomy -- A critical theory of multicultural toleration -- The rule of reasons: three models of deliberative democracy -- Social justice, justification, (...) and power -- The basic right to justification: toward a constructivist conception of human rights -- Constructions of transnational justice: comparing John Rawls's the law of peoples and Otfried Höffe's democracy in an age of globalisation -- Justice, morality, and power in the global context -- Toward a critical theory of transnational justice. (shrink)
What is justice all about? What is the scope of the concept of justice? What issues can legitimately be evaluated in terms of justice? In her book Justice and the Politics of Difference, Iris Marion Young challenges the concept of justice as defined by John Rawls and used by many others in the philosophical debates that responded to Rawls’s, A Theory of Justice (1971). Is Young’s critique on the prevailing use of the concept of (...)justice and contemporary theories of justice correct? Is her alternative understanding of the concept viable? In this paper I want to critically examine her views on the concept of justice and compare them with a close reading of John Rawls’s use of the concept of justice. The comparison of Young and Rawls will lead me to reconcile their views in terms of the central features of the concept of justice. (shrink)
Many political philosophers hold the Feasible Alternatives Principle (FAP): justice demands that we implement some reform of international institutions P only if P is feasible and P improves upon the status quo from the standpoint of justice. The FAP implies that any argument for a moral requirement to implement P must incorporate claims whose content pertains to the causal processes that explain the current state of affairs. Yet, philosophers routinely neglect the need to attend to actual causal processes. (...) This undermines their arguments concerning moral requirements to reform international institutions. The upshot is that philosophers’ arguments must engage in causal analysis to a greater extent than is typical. -/- [Supplement: Handout available at http://db.tt/fyuVW3Xv]. (shrink)
What is justice? Questions of justice are questions about what people are due, but what that means in practice depends on context. Depending on context, the formal question of what people are due is answered by principles of desert, reciprocity, equality, or need. Justice, thus, is a constellation of elements that exhibit a degree of integration and unity, but the integrity of justice is limited, in a way that is akin to the integrity of a neighborhood (...) rather than that of a building. A theory of justice is a map of that neighborhood. (shrink)
In this fascinating exploration of justice, eminent philosopher D. D. Raphael presents the culmination of a lifetime's study of its evolution, from ancient times to the late twentieth century. His aim is not just historical but philosophical: to illuminate our true understanding of justice. His unique approach examines not only classic texts by such philosophers as Plato, Aristotle, Hume, Mill, and Rawls but also the Bible and Greek tragedy, as well as some neglected but important thought from the (...) modern era. Lucid and stimulating, this work can be enjoyed by anyone interested in moral and political thought, even by those with little to no knowledge of political theory or philosophy. (shrink)
Some authors have called for increased research on various forms of geoengineering as a means to address global climate change. This paper focuses on the question of whether a particular form of geoengineering, namely deploying sulfate aerosols in the stratosphere to counteract some of the effects of increased greenhouse gas concentrations, would be a just response to climate change. In particular, we examine problems sulfate aerosol geoengineering (SAG) faces in meeting the requirements of distributive, intergenerational, and procedural justice. We (...) argue that SAG faces obstacles to meeting the requirements of all three considered kinds of justice, because its impacts can harm some persons and communities much more than others; it poses serious risks to future generations; and SAG is especially prone to unilateral implementation. While we do not claim that SAG ought not to be implemented, we argue that it is the responsibility of proponents of SAG to recognize and address these ethical obstacles before advocating its implementation. (shrink)
Throughout the history of the Western world, science has possessed an extraordinary amount of authority and prestige. And while its pedestal has been jostled by numerous evolutions and revolutions, science has always managed to maintain its stronghold as the knowing enterprise that explains how the natural world works: we treat such legendary scientists as Galileo, Newton, Darwin, and Einstein with admiration and reverence because they offer profound and sustaining insight into the meaning of the universe. In The Intelligibility of Nature (...) , Peter Dear considers how science as such has evolved and how it has marshaled itself to make sense of the world. His intellectual journey begins with a crucial observation: that the enterprise of science is, and has been, directed toward two distinct but frequently conflated ends—doing and knowing. The ancient Greeks developed this distinction of value between craft on the one hand and understanding on the other, and according to Dear, that distinction has survived to shape attitudes toward science ever since. Teasing out this tension between doing and knowing during key episodes in the history of science—mechanical philosophy and Newtonian gravitation, elective affinities and the chemical revolution, enlightened natural history and taxonomy, evolutionary biology, the dynamical theory of electromagnetism, and quantum theory—Dear reveals how the two principles became formalized into a single enterprise, science, that would be carried out by a new kind of person, the scientist. Finely nuanced and elegantly conceived, The Intelligibility of Nature will be essential reading for aficionados and historians of science alike. (shrink)
In this book, he applies economic theory to four areas of interest to students of social and legal institutions: the theory of justice, primitive and ancient ...
In The Idea of Justice, Amartya Sen, among other things, discusses certain qualities any adequate theory of justice ought to incorporate. Two important qualities a theory of justice should account for are impartiality/objectivity and sensitivity to consequences. In order to motivate his discussion of sensitivity to consequences, Sen discusses the debate between Krishna and Arjuna from the religio-philosophical Hindu text the Bhagavad Gita. According to Sen, Arjuna represents a sensitivity to consequences while Krishna is an archetypal deontologist. (...) In this paper it will be argued that Sen's interpretation of the Gita is inaccurate. Further, a more adequate interpretation will be presented. What will be of significance is that the more adequate interpretation actually demonstrates the importance of an impartial spectator in moral reasoning. Finally, there will be a discussion of some lessons that can be taken from the Gita regarding justice generally. (shrink)
This dissertation defends a “non-ideal theory” of justice: a systematic theory of how to respond justly to injustice. Chapter 1 argues that contemporary political philosophy lacks a non-ideal theory of justice, and defends a variation of John Rawls’ famous original position – the Non-Ideal Original Position – as a method with which to construct such a theory. Finally, Chapter 1 uses the Non-Ideal Original Position to argue for a Fundamental Principle of Non-Ideal Theory: a principle that requires injustices (...) to be dealt with in whichever way will best satisfy the preferences of all relevant individuals, provided those individuals are all rational, adequately informed, broadly moral, and accept the correct “ideal theory” of fully just conditions. Chapter 2 then argues for the Principle of Application – an epistemic principle that represents the Fundamental Principle’s satisfaction conditions in terms of the aims of actual or hypothetical reformist groups. Chapters 3-5 then use these two principles to argue for substantive views regarding global/international justice. Chapter 3 argues that the two principles establish a higher-order human right for all other human rights to promoted and protected in accordance with the two principles of non-ideal theory. Chapter 4 argues that the two principles defeasibly require the international community to tolerate unjust societies, provided those societies respect the most basic rights of individuals. Finally, Chapter 5 argues that the two principles imply a duty of the international community to ameliorate the most severe forms of global poverty, as well as a duty to pursue “fair trade” in international economics. (shrink)
Many philosophers have criticized John Rawls’s Law of Peoples. However, often these criticisms take it for granted that the moral conclusions drawn in A Theory of Justice are superior to those in the former book. In my view, however, Rawls comes to many of his “conclusions” without too many actual inferences. More precisely, my argument here is that if one takes Rawls’s premises and the assumptions made about the original position(s) seriously and does in fact think them through to (...) their logical conclusions, both A Theory of Justice and The Law of Peoples have abysmally counterintuitive and immoral implications. These implications comprise, among other things, the justifiability of slavery, the denial of human rights and the permissibility of genocide. (shrink)
If stem cell-based therapies are developed, we will likely confront a difficult problem of justice: for biological reasons alone, the new therapies might benefit only a limited range of patients. In fact, they might benefit primarily white Americans, thereby exacerbating long-standing differences in health and health care.
Recent developments in cognitive science have prompted philosophers to speculate about the importance of empathy, the ability to directly apprehend and take on the mental and emotional states of others, in understanding and being motivated by moral norms—particularly moral norms concerning other humans. In this paper, I investigate whether some kind of empathy is involved in Thomas Aquinas’s account of the virtue of justice, which he describes as essentially other-directed. I claim that a kind of empathy is involved in (...) Aquinas’s notion of friendship and that this notion of friendship is related to justice as a virtue as its goal. Having the virtue of justice is geared towards establishing true friendship, at least in part. In so doing, it is directed towards establishing a sufficient groundwork for genuine empathy. Instances of genuine empathy, then, are approximations of this goal of the work of justice, even if they occur outside the context of a true friendship. Given this, I describe possible roles Aquinas might afford empathy and empathetic emotions in the context of cultivating the virtue of justice, including roles in motivation and knowledge. (shrink)
A Comparative Study of Social and Political Implications of Concepts of Justice and Dharma The similarity between social and political ideas of Plato and ...
A Theory of Justice, by John Rawls, is widely regarded as the most important twentieth-century work of Anglo-American political philosophy. It transformed the field by offering a compelling alternative to the dominant utilitarian conception of social justice. The argument for this alternative is, however, complicated and often confusing. In this book Jon Mandle carefully reconstructs Rawls's argument, showing that the most common interpretations of it are often mistaken. For example, Rawls does not endorse welfare-state capitalism, and he is (...) not a 'luck egalitarian' as is widely believed. Mandle also explores the relationship between A Theory of Justice and the developments in Rawls's later work, Political Liberalism, as well as discussing some of the most influential criticisms in the secondary literature. His book will be an invaluable guide for anyone seeking to engage with this ground-breaking philosophical work. (shrink)
This article examines the difficulties encountered in teaching professionalism to medical students in the current social and political climate where economic considerations take top priority in health care decision making. The conflict between the commitment to advocate at all times the interests of one’s patients over one’s own interests is discussed. With personal, institutional, tech industry, pharmaceutical industry, and third-party payer financial imperatives that stand between patients and the delivery of health care, this article investigates how medical ethics instructors are (...) to teach professionalism in a responsible way that does not avoid dealing with the principle of justice. (shrink)
This paper contends that Ananda Abeysekara’s notion of un-inheritance, developed via a Derridean analysis of contemporary Sri Lankan politics and society, can act as a helpful supplement to the concept of justice. What one finds in Abeysekara’s analysis is an interpretation of justice as ultimately aporetic: justice both opens up to the possibility of its ever greater concrete realization and continually defers its completion. This paper begins by examining the aporetic character of justice as articulated by (...) Derrida. It then proceeds to Abeysekara’s account, situated as it is within a largely political consideration of Sri Lanka’s multicultural heritage and the recent conflicts that have arisen there. Abeysekara offers the notion of un-heritance as a way of thinking the possibility of justice precisely when political—and also religious—traditions come to an impasse, thus recognizing the inescapably aporetic structure of justice itself. (shrink)
John Rawls was one of the most important political philosophers of our time, and promises to be an enduring figure over the coming decades. His Theory of Justice (1971) has had a profound impact across philosophy, politics, law, and economics. Nonetheless Rawlsian theory is not easy to understand, particularly for beginners, and his writing can be dense and forbidding. Thomas Pogge's short introduction (originally published in German) gives a thorough and concise presentation of the main outlines of Rawls's theory, (...) introduces biographical information when necessary, and draws links between the Rawlsian enterprise and other important positions in moral and political philosophy. (shrink)
How international research might contribute to justice in global health has not been substantively addressed by bioethics. Theories of justice from political philosophy establish obligations for parties from high-income countries owed to parties from low and middle-income countries. We have developed a new framework that is based on Jennifer Ruger's health capability paradigm to strengthen the link between international clinical research and justice in global health. The ‘research for health justice’ framework provides direction on three aspects (...) of international clinical research: the research target, research capacity strengthening, and post-trial benefits. It identifies the obligations of justice owed by national governments, research funders, research sponsors, and investigators to trial participants and host communities. These obligations vary from those currently articulated in international research ethics guidelines. Ethical requirements of a different kind are needed if international clinical research is to advance global health equity. (shrink)
Habermas' recent work makes a major claim: to be able to determine what is the most rational thing to do. Postmodernists, notably Lyotard, have perhaps successfully belittled this claim as too positivistic. This book does not dispute the validity of the postmodern critique but it is concerned to resist the irrationality which, thus far, seems to coincide with anti-positivism. The author looks at the concept of justice, as one that is both essential to Habermas and Lyotard but is also (...) utilized in their work only in constricted and unimaginative ways. (shrink)
A liberal society seeks not to impose a single way of life, but to leave its citizens as free as possible to choose their own values and ends. It therefore must govern by principles of justice that do not presuppose any particular vision of the good life. But can any such principles be found? And if not, what are the consequences for justice as a moral and political ideal? These are the questions Michael Sandel takes up in this (...) penetrating critique of contemporary liberalism. Sandel locates modern liberalism in the tradition of Kant, and focuses on its most influential recent expression in the work of John Rawls. In the most important challenge yet to Rawls' theory of justice, Sandel traces the limits of liberalism to the conception of the person that underlies it, and argues for a deeper understanding of community than liberalism allows. (shrink)
In this paper I argue that when thinking about justice, political philosophers should pay more attention to social norms, not just the usual subjects of basic principles, rights, laws, and policies. I identify two widely-endorsed ideas about political philosophy that interfere with recognizing the importance of social norms—ideas I dub ‘compulsoriness’ and ‘institutionalism’—and argue for their rejection. I do this largely by focusing on questions about who can and should be an agent of justice. I argue that careful (...) reflection on these questions supports a kind of pluralism that reveals the importance of social norms, three types of which I discuss. (shrink)
In his important new book National responsibility and global justice, David Miller presents a systematic challenge to existing theories of global justice. In particular, he argues that cosmopolitan egalitarianism must be rejected. Such views, Miller maintains, would place unacceptable burdens on the most productive political communities, undermine national self-determination, and disincentivize political communities from taking responsibility for their fate. They are also impracticable and quite unrealistic, at least under present conditions. Miller offers an alternative account that conceives global (...)justice in terms of a minimum set of basic rights that belong to human beings everywhere. Primary responsibility for securing such rights for an individual lies with his or her state, but in so far as these rights go unprotected, responsibilities for fulfilling them may fall on outsiders. While less ambitious that cosmopolitan egalitarian justice, Miller argues that his own view would nevertheless enable us to articulate what is most morally objectionable about our current world. In this article it is argued that none of Miller's critiques of cosmopolitan egalitarianism is effective, and that while certainly preferable to the status quo, a world governed by Miller's principles is not an attractive ideal. (shrink)
And in this book the distinguished scholar Amartya Sen offers a powerful critique of the theory of social justice that, in its grip on social and political ...
