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  1. Between Retribution and Restoration: Justice and the TRC.J. Allen - 2001 - South African Journal of Philosophy 20 (2):1-20.
    How may a society, in a morally defensible way, confront a past of injustice and suffering, and seek to break the spell of violence and disregard for human life? I begin by demonstrating the relevance of this question to the South African Truth and Reconciliation Commission, and I draw attention to André du Toit’s longstanding interest in ways in which truth commissions may function to consolidate political change. In the second section of the article, I argue that truth commissions should (...)
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  2. Reciprocity.Lawrence C. Becker - 1986 - Routledge.
    The tendency to reciprocate – to return good for good and evil for evil – is a potent force in human life, and the concept of reciprocity is closely connected to fundamental notions of ‘justice’, ‘obligation’ or ‘duty’, ‘gratitude’ and ‘equality’. In _Reciprocity_, first published in 1986,_ _Lawrence Becker presents a sustained argument about reciprocity, beginning with the strategy for developing a moral theory of the virtues. He considers the concept of reciprocity in detail, contending that it is a basic (...)
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  3. Just Freedom. By Philip Pettit. [REVIEW]Dorothea Gädeke - 2014 - Constellations 21 (4):623-625.
  4. On Breaking Up Time, or, Perennialism as Philosophy of History.Bennett Gilbert - 2016 - Joirnal of the Philosophy of History 10.
    Current and recent philosophy of history contemplates a deep change in fundamental notions of the presence of the past. This is called breaking up time. The chief value for this change is enhancing the moral reach of historical research and writing. However, the materialist view of reality that most historians hold cannot support this approach. The origin of the notion in the thought of Walter Benjamin is suggested. I propose a neo-idealist approach called perennialism, centered on recurrent moral dilemmas and (...)
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  5. Collective Responsibility for Oppression.Titus Stahl - 2017 - Social Theory and Practice 43 (3):473-501.
    Many contemporary forms of oppression are not primarily the result of formally organized collective action nor are they an unintended outcome of a combination of individual actions. This raises the question of collective responsibility. I argue that we can only determine who is responsible for oppression if we understand oppression as a matter of social practices that create obstacles for social change. This social practice view of oppression enables two insights: First, that there is an unproblematic sense in which groups (...)
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The Nature of Justice
  1. Advantage, Restraint, and the Circumstances of Justice.Chrisoula Andreou - 2017 - Social Theory and Practice 43 (2):397-419.
    I focus on the mutual advantage conception of justice and on a related Humean argument according to which “the circumstances of justice” obtain only when there is a conflict of ends, a suitable level of scarcity, and rough equality of power. I add to the challenges facing the argument by using a Millian illustration whose significance has not been appreciated in prior discussions of the circumstances of justice to show that, contrary to a key premise of the Humean argument, restraining (...)
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  2. Epicurean Justice.John Armstrong - 1997 - Phronesis 42 (3):324-334.
    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 (...)
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  3. Double Counting, Moral Rigorism, and Cohen’s Critique of Rawls: A Response to Alan Thomas.Brian Berkey - 2015 - Mind 124 (495):849-874.
    In a recent article in this journal, Alan Thomas presents a novel defence of what I call ‘Rawlsian Institutionalism about Justice’ against G. A. Cohen’s well-known critique. In this response I aim to defend Cohen’s rejection of Institutionalism against Thomas’s arguments. In part this defence requires clarifying precisely what is at issue between Institutionalists and their opponents. My primary focus, however, is on Thomas’s critical discussion of Cohen’s endorsement of an ethical prerogative, as well as his appeal to the institutional (...)
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  4. Review of Andrew Mason, Living Together as Equals: The Demands of Citizenship. [REVIEW]Brian Berkey - 2015 - Mind 124 (494):653-656.
  5. Grotius and Aristotle: The Justice of Taking Too Little.Andrew Blom - 2016 - History of Political Thought 36 (1):84-112.
    The theory of justice that Hugo Grotius developed in De Jure Belli ac Pacis (The Law of War and Peace, 1625) set itself against a certain reading of Aristotle, according to which justice is conceived of as a mean between taking too much and taking too little. I argue that we can best understand the implications of Grotius' mature conception by considering the ends to which he had deployed this Aristotelian notion in his earlier work. Grotius came to perceive that (...)
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  6. The Savings Problem in the Original Position: Assessing and Revising a Model.Eric Brandstedt - 2017 - Canadian Journal of Philosophy 47 (2-3):269-89.
    The common conception of justice as reciprocity seemingly is inapplicable to relations between non-overlapping generations. This is a challenge also to John Rawls’s theory of justice as fairness. This text responds to this by way of reinterpreting and developing Rawls’s theory. First, by examining the original position as a model, some revisions of it are shown to be wanting. Second, by drawing on the methodology of constructivism, an alternative solution is proposed: an amendment to the primary goods named ‘sustainability of (...)
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  7. Just Deserts and Needs.Gillian Brock - 1999 - Southern Journal of Philosophy 37 (2):165-188.
    In this paper I argue for there being some deep connections between claims of desert and claims of need, despite the fact that these sorts of claims are frequently pitted against one another. I present an argument to show some conceptual links between desert and needs. Principles underlying why people are thought to be deserving entail principles which commit us to caring about others' needs. I also examine whether we can construct some coherent notion of desert and an argument for (...)
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  8. Preserving Capabilities.Thom Brooks - 2012 - American Journal of Bioethics 12 (6):48-49.
    The American Journal of Bioethics, Volume 12, Issue 6, Page 48-49, June 2012.
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  9. Sen’s The Idea of Justice: Back to the Future.Brian E. Butler - 2010 - Contemporary Pragmatism 7 (2):219-229.
    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.
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  10. Two Kinds of Climate Justice: Avoiding Harm and Sharing Burdens.Simon Caney - 2013 - Journal of Political Philosophy 21 (4):125-149.
  11. La giustizia nelle interazioni delle transizioni post-conflitto.Emanuela Ceva - 2017 - Laboratorio di Politica Comparata E Filosofia Pubblica 3:5-22.
    I processi di transizione post-conflitto pongono questioni prominenti per l’agenda politica globale. Si pensi, per esempio, alla transizione democratica in Sud Africa dopo la fine dell’Apartheid o alla ricostruzione politica dei paesi facenti parte dell’ex-Jugoslavia all’indomani delle guerre dei Balcani. Quali principi normativi dovrebbero informare tali processi? Questa domanda è al cuore del crescente dibattito sulla “giustizia transizionale”. Questo dibattito si è concentrato principalmente sulla rettificazione delle ingiustizie occorse a causa dei torti perpetrati e subiti dalle parti coinvolte. Di conseguenza, (...)
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  12. Interactive Justice: A Proceduralist Approach to Value Conflict in Politics.Emanuela Ceva - 2016 - Routledge.
    Contemporary societies are riddled with moral disputes caused by conflicts between value claims competing for the regulation of matters of public concern. This familiar state of affairs is relevant for one of the most important debates within liberal political thought: should institutions seek to realize justice or peace? Justice-driven philosophers characterize the normative conditions for the resolution of value conflicts through the establishment of a moral consensus on an order of priority between competing value claims. Peace-driven philosophers have concentrated, perhaps (...)
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  13. Justice and the Crooked Wood of Human Nature.Adam Cureton - 2014 - In Alexander Kaufman (ed.), Distributive Justice and Access to Advantage: G. A. Cohen's Egalitarianism. pp. 79-94.
    G.A. Cohen accuses Rawls of illicitly tailoring basic principles of justice to the ‘crooked wood’ of human nature. We are naturally self-interested, for example, so justice must entice us to conform to requirements that cannot be too demanding, whereas Cohen thinks we should distinguish more clearly between pure justice and its pragmatic implementation. My suggestion is that, strictly speaking, Rawls does not rely on facts of any kind to define his constructive procedure or to argue that his principles of justice (...)
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  14. العدالة بوصفها اعترافًا: دراسةٌ مفهوميّةٌ أوّليّةٌ.Housamedden Darwish - 2013 - Tabayyun تبيُّن 2 (1):97-120.
    "ما العدالة؟"، بمثل هذه الصيغة من السؤال أو التساؤل، الذي يسعى إلى تحديد معنى المفاهيم وماهية الأشياء، بدأ الفكر الفلسفيّ المنهجيّ والمدوَّن رحلته. وللإجابة عن هذا السؤال تحديدًا، خصّص أفلاطون – وهو أوّل فيلسوفٍ وصلتنا مؤلّفاته - أحد أوّل وأهمّ كتبه في الفلسفة عمومًا، وفي الفلسفة السياسيّة خصوصًا. واستمر انشغال الفلسفة السياسيّة والأخلاقيّة بهذا السؤال منذ "جمهورية" أفلاطون حتى "فكرة" العدالة (2009)" لأمارتيا صن، على سبيل المثال. وهذا لا يعني أنّ اهتمام الفلسفة بمسألة العدالة كان كبيرًا دائمًا. فقد تمَّ اختزال (...)
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  15. Ist soziale Gerechtigkeit ein ‘sinnloser’ Begriff? Zu einer These Friedrich August von Hayeks.Andreas Dorschel - 1988 - Österreichische Zeitschrift Für Soziologie 13 (1):4-13.
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  16. Love and Justice: A Paradox?Anca Gheaus - 2017 - Canadian Journal of Philosophy 47 (6):739-759.
    Three claims about love and justice cannot be simultaneously true and therefore entail a paradox: (1) Love is a matter of justice. (2) There cannot be a duty to love. (3) All matters of justice are matters of duty. The first claim is more controversial. To defend it, I show why the extent to which we enjoy the good of love is relevant to distributive justice. To defend (2) I explain the empirical, conceptual and axiological arguments in its favour. Although (...)
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  17. The Feasibility Constraint on The Concept of Justice.Anca Gheaus - 2013 - Philosophical Quarterly 63 (252):445-464.
    There is a widespread belief that, conceptually, justice cannot require what we cannot achieve. This belief is sometimes used by defenders of so-called ‘non-ideal theories of justice’ to criticise so-called ‘ideal theories of justice’. I refer to this claim as ‘the feasibility constraint on the concept of justice’ and argue against it. I point to its various implausible implications and contend that a willingness to apply the label ‘unjust’ to some regrettable situations that we cannot fix is going to enhance (...)
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  18. Justice and Beneficence.Pablo Gilabert - 2016 - Critical Review of International Social and Political Philosophy 19 (5):508-533.
    What is a duty of justice? And how is it different from a duty of beneficence? We need a clear account of the contrast. Unfortunately, there is no consensus in the philosophical literature as to how to characterize it. Different articulations of it have been provided, but it is hard to identify a common core that is invariant across them. In this paper, I propose an account of how to understand duties of justice, explain how it contrasts with several proposals (...)
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  19. Basic Structure and the Value of Equality.A. J. Julius - 2003 - Philosophy and Public Affairs 31 (4):321-355.
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  20. Mill on Justice.Leonard Kahn (ed.) - 2012 - Palgrave-Macmillan.
  21. The Objection From Justice and the Conceptual/Substantive Distinction.Leonard Kahn - 2012 - In Mill on Justice. Palgrave-Macmillan. pp. 198.
    I begin this chapter by outlining Mill's thinking about why justice is a problem for utilitarians. Next, I turn to Mill's own account of justice and explain its connection with rights, perfect duties, and harms. I then examine David Lyons' answer to the question of how Mill's account is meant to answer the Weak Objection from Justice. Lyons maintains that Mill's account of justice has both a conceptual side and a substantive side. The former provides an analysis of such concepts (...)
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  22. Self-Defensive Subjectivity The Diagnosis of a Social Pathology.Chad Kautzer - 2014 - Philosophy and Social Criticism 40 (8):743-756.
    In his book Das Recht der Freiheit (2011), Axel Honneth develops a theory of social justice that incorporates negative, reflexive and social forms of freedom as well as the institutional conditions necessary for their reproduction. This account enables the identification of social pathologies or systemic normative deficits that frustrate individual efforts to relate their actions reflexively to a normative order and inhibits their ability to recognize the freedom of others as a condition of their own. In this article I utilize (...)
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  23. Zur Kritik des Entzugs als politischer Praxis.Odin Kroeger - 2010 - Sinnhaft 22:90–103.
    Facing a decline of meta-narratives and the political subjects associated with them, substraction (‘Entzug’) has been proposed as a political strategy that seems more apt to present times. Drawing on Hegel’s ‘Philosophy of Right’ and Benjamin’s ‘Critique of Violence’, this paper argues that substraction too requires a meta-narrative and a political subject if it shall be a viable political strategy.
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  24. Debate: Ideal Theory—A Reply to Valentini.Holly Lawford-Smith - 2010 - Journal of Political Philosophy 18 (3):357-368.
    In her ‘On the apparent paradox of ideal theory’, Laura Valentini combines three supposedly plausible premises to derive the paradoxical result that ideal theory is both unable to, and indispensable for, guiding action. Her strategy is to undermine one of the three premises by arguing that there are good and bad kinds of ideal theory, and only the bad kinds are vulnerable to the strongest version of their opponents’ attack. By undermining one of the three premises she releases ideal theorists (...)
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  25. Feasibility Constraints for Political Theories.Holly Lawford-Smith - 2010 - Dissertation, Australian National University
  26. What's Wrong with Racial Profiling? Another Look at the Problem.Annabelle Lever - 2007 - Criminal Justice Ethics 26 (1):20-28.
    According to Mathias Risse and Richard Zeckhauser, racial profiling can be justified in a society, such as the contemporary United States, where the legacy of slavery and segregation is found in lesser but, nonetheless, troubling forms of racial inequality. Racial profiling, Risse and Zeckhauser recognize, is often marked by police abuse and the harassment of racial minorities and by the disproportionate use of race in profiling. These, on their view, are unjustified. But, they contend, this does not mean that all (...)
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  27. The Cost of Free Speech: Pornography, Hate Speech, and Their Challenge to Liberalism.Abigail Levin - 2010 - Palgrave-Macmillan.
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  28. Theseus Vs. The Minotaur: Finding the Common Thread in the Chomsky-Foucault Debate.Brian Lightbody - 2003 - Studies in Social and Political Thought 1 (8):67-83.
  29. Justice, Responsibility, and Reconciliation in the Wake of Conflict.Alice MacLachlan & C. Allen Speight (eds.) - 2013 - Springer.
    What are the moral obligations of participants and bystanders during—and in the wake of –a conflict? How have theoretical understandings of justice, peace and responsibility changed in the face of contemporary realities of war? Drawing on the work of leading scholars in the fields of philosophy, political theory, international law, religious studies and peace studies, the collection significantly advances current literature on war, justice and post-conflict reconciliation. Contributors address some of the most pressing issues of international and civil conflict, including (...)
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  30. Lonergan in the World: Self-Appropriation, Otherness, and Justice.James L. Marsh - 2014 - University of Toronto.
  31. Rational Cooperation and the Nash Bargaining Solution.Michael Moehler - 2015 - Ethical Theory and Moral Practice 18 (3):577-594.
    In a recent article, McClennen (2012) defends an alternative bargaining theory in response to his criticisms of the standard Nash bargaining solution as a principle of distributive justice in the context of the social contract. McClennen rejects the orthodox concept of expected individual utility maximizing behavior that underlies the Nash bargaining model in favor of what he calls full rationality, and McClennen’s full cooperation bargaining theory demands that agents select the most egalitarian strictly Pareto-optimal distributional outcome that is strictly Pareto-superior (...)
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  32. The Tyranny -- Or the Democracy -- Of the Ideal?Blain Neufeld & Lori Watson - 2018 - Cosmos + Taxis 5 (2):47-61.
  33. ¿Qué es justicia social? Una nueva historia de su significado en el discurso jurídico transnacional.Carlos Andrés Pérez-Garzón - manuscript
    Spanish Abstract: A partir de un análisis desde la historia del derecho, este artículo de investigación busca demostrar la existencia de un significado de justicia social en el discurso jurídico transnacional actual que se resume en el equilibrio de estos tres elementos: Estado Social de Derecho, la dignidad humana y la igualdad material. Con esto, se pretende superar el simple estudio de teorías de filósofos de moda como John Rawls a la hora de abordar el problema de cómo entender y (...)
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  34. Republicanism Across Cultures.Philip Pettit - 2013 - In Jun-Hyeok Kwak & Leigh Jenco (eds.), Republicanism in Northeast Asia. London: Routledge.
    In this paper I focus on how far the republican ideal of freedom as non-domination can and should command allegiance across different cultures. Is the ideal bound to western culture, as its provenance may suggest? Or does it have a hold on the human imagination and sensibility that survives across various cultural and historical divides? I argue, in a deeply unfashionable vein,that it does command a form of universal allegiance. Or, to be more exact, I argue that freedom as non-domination (...)
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  35. The Practice-Independence of Intergenerational Justice.Merten Reglitz - 2016 - Utilitas 28 (4): 415-440.
    The question whether distributive justice is at bottom practice-dependent or practice-independent has received much attention in recent years. I argue that the problem of intergenerational justice resolves this dispute in favor of practice-independence. Many believe that we owe more to our descendants than leaving them a world in which they can merely lead minimally decent lives. This thought is particularly convincing given the fact that it is us who determine to a significant extent what this future world will look like. (...)
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  36. Justice, Legitimacy, and (Normative) Authority for Political Realists.Enzo Rossi - 2012 - Critical Review of International Social and Political Philosophy 15 (2):149-164.
    One of the main challenges faced by realists in political philosophy is that of offering an account of authority that is genuinely normative and yet does not consist of a moralistic application of general, abstract ethical principles to the practice of politics. Political moralists typically start by devising a conception of justice based on their pre-political moral commitments; authority would then be legitimate only if political power is exercised in accordance with justice. As an alternative to that dominant approach I (...)
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  37. Whose Aristotle? Which Marx? Ethics, Law and Justice in Aristotle and Marx.Burns Tony - 2005 - Imprints: Egalitarian Theory and Practice 8 (2).
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  38. Law as Public Policy: Combining Justice with Interest.Makoto Usami - 2008 - In Tadeusz Biernat & Marek Zirk-Sadowski (eds.), Politics of Law and Legal Policy: Between Modern and Post-Modern Jurisprudence. Wolters Kluwer Polska. pp. 292--315.
    In newly emerging democracies, succeeding governments have numerous policy tasks for the purpose of developing the free market and the democratic process. In such legal systems, policy-oriented views of law, which regard law as a policy tool for diminishing public problems, seem descriptively pertinent and prescriptively helpful. This is also the case in mature democratic legal systems, where the public problems faced by governments become more and more complex. Policy-directional views of law do not necessarily imply that law is a (...)
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  39. Self-Governance and Reform in Kant’s Liberal Republicanism - Ideal and Non-Ideal Theory in Kant’s Doctrine of Right.Helga Varden - 2016 - Dois Pontos 13 (2).
    Received 05 November 2015. Accepted 30 January 2016.doispontos:, Curitiba, São Carlos, volume 13, número 2, p. 39-70, outubro de 201639Self-governance and reform in Kant’s liberal republicanism – ideal and non-ideal theory in Kant’s Doctrine of RightHelga Vardenhelga.vargen@gmail.comUniversity of Illinois, Urbana-Champaign, EUAAbstract: At the heart of Kant’s legal-political philosophy lies a liberal, republican ideal of justice understood in terms of private independence (non-domination) and subjection to public laws securing freedom for all citizens as equals. Given this basic commitment of Kant’s, it (...)
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  40. Negative Perfectionism.Jeppe von Platz - 2012 - Philosophy and Public Issues - Filosofia E Questioni Pubbliche 2 (1):101-122.
    In this essay I defend a variety of political perfectionism that I call negative perfectionism. Negative perfectionism is the position that if some design of the basic structure of society promotes objectively bad human living, then this should count as a reason against it. To give this hypothetical some bite, I draw on Rousseau’s diagnosis of the maladies of his society to defend two further claims: first, that some human lives are objectively bad, and, second, that some designs of the (...)
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  41. Theorizing Justice: Critical Insights and Future Directions.Krushil Watene & Jay Drydyk (eds.) - 2016 - Rowman & Littlefield International.
    A collection of essays that examine how discussions of justice are most usefully shaped in our world, rethinking how we theorize justice and principles of justice.
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  42. Rejoinder to Estlund.David Wiens - manuscript
    Estlund has offered a reply to my "Motivational Demands on the Limits of Justice". This short note is my rejoinder.
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  43. The Tyranny of a Metaphor.David Wiens - 2018 - Cosmos + Taxis 5 (2):13-28.
    Debates on the practical relevance of ideal theory revolve around Sen's metaphor of navigating a mountainous landscape. In *The Tyranny of the Ideal*, Gerald Gaus presents the most thorough articulation of this metaphor to date. His detailed exploration yields new insight on central issues in existing debates, as well as a fruitful medium for exploring important limitations on our ability to map the space of social possibilities. Yet Gaus's heavy reliance on the navigation metaphor obscures questions about the reasoning by (...)
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  44. Motivational Limitations on the Demands of Justice.David Wiens - 2016 - European Journal of Political Theory 15 (3):333-352.
    Do motivational limitations due to human nature constrain the demands of justice? Among those who say no, David Estlund offers perhaps the most compelling argument. Taking Estlund’s analysis of “ability” as a starting point, I show that motivational deficiencies can constrain the demands of justice under at least one common circumstance — that the motivationally-deficient agent makes a good faith effort to overcome her deficiency. In fact, my argument implies something stronger; namely, that the demands of justice are constrained by (...)
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  45. 'Going Evaluative' to Save Justice From Feasibility -- A Pyrrhic Victory.David Wiens - 2014 - Philosophical Quarterly 64 (255):301-307.
    I discuss Gheaus's (2013) argument against the claim that the requirements of justice are not constrained by feasibility concerns. I show that the general strategy exemplified by this argument is not only dialectically puzzling, but also imposes a heavy cost on theories of justice -- puzzling because it simply sidesteps a presupposition of any plausible formulation of the so-called "feasibility requirement"; costly because it it deprives justice of its normative implications for action. I also show that Gheaus's attempt to recover (...)
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