Justice, Misc

Over the years a few authors have argued that Rawls’s ideal theory of justice is useless for the real world. This criticism has been largely ignored by Rawlsians, but in the light of a recent accumulation of such criticisms, some authors (in particular Holly Lawford-Smith, A. John Simmons, Zofia Stemplowska and Laura Valentini) have tried to defend ideal theory. In this article I will recapitulate the precise problem with Rawls’s ideal theory, argue that some of Rawls’s defenders misconceive it, and (...) show that recent attempts to rescue Rawls’s ideal theory from the charge of being useless fail. While there are useful kinds of ideal theory, Rawls’s is not one of them. In addition, Rawls’s very tentative suggestions for some kind of bridge between ideal and non-ideal theory are contradictory insofar as they implicitly presuppose the non-existence of the problem they are meant to solve. Thus, Rawls’s “non-ideal theory” too, is useless, and not so much a theory at all but a set of ad hoc stipulations. Finally, I will show that certain attempts within the global justice debate to use some variation of the original position to directly derive guidelines for the real world are misguided and yield no useful results. (shrink)

Political philosophers sometimes defend the value of idealistic normative theories by arguing that they help specify principles for evaluating feasible solutions to real-world problems. I start by showing that this defense is ambiguous between three interpretations, one of which I show to be a nonstarter. The second interpretation says (roughly) that a description of a normatively ideal society provides a benchmark from which to measure deviations from the ideal; the third says (again, roughly) that a description of a normatively ideal (...) society can provide useful information about the evaluative criteria that we should use when comparing social possibilities. Against the second defense, I show how measuring deviations from the ideal can mislead our comparative evaluation of nonideal options. Against the third defense, I show how descriptions of an ideal society can distort our judgments when evaluating feasible solutions to real-world problems. I conclude by proposing a way to understand ideal theory that enables us to vindicate the intuition that it can help us clarify our values while still accepting my critical arguments. In short, we should view ideal theory not as a device for articulating normative judgments, but for clarifying the concepts we use to articulate such judgments. (shrink)

In this essay we criticise Rainer Forst's attempt to draw a connection between power and justification, and thus ground his normative theory of a right to justification. Forst draws this connection primarily conceptually, though we will also consider whether a normative connection may be drawn within his framework. Forst's key insight is that if we understand power as operating by furnishing those subjected to it with reasons, then we create a space for the normative contestation of any exercise of power. (...) He calls this the noumenal understanding of power. Against the conceptual connection between power and justification, we argue that (i) on most plausible accounts of political freedom, some freedom-restrictions commonly attributed to the successful exercise of power would perplexingly count as failures of power on Forst's view, and that (ii) on the most plausible account of reason-recognition, namely an appropriateness of response account, a justification relation is only a sufficient but not necessary condition for recognition. Against the normative connection, we argue that (iii) Forst can establish the existence of a right to justification only if he reconsiders the transcendental aspirations of his theory. (shrink)

Presentazione del curatore italiano (C.Corradetti): È possibile conciliare il pluralismo culturale con la dimensione pubblica della deliberazione? Partendo dall’analisi critica di Rawls e Habermas, James Bohman offre una risposta innovativa alla questione dell’accordo democratico. In tale proposta, parallelamente al rigetto di soluzioni meramente strategiche, viene riabilitata la nozione di compromesso morale nel quadro di un accordo normativo. Mantenendo fede ad una prospettiva composta da elementi normativi e fattuali, l’autore si propone di ampliare le opportunità democratiche nella riconciliazione tra conflitti culturali (...) profondi propri delle società contemporanee. L’elemento civico partecipativo risulta essere dunque una componente essenziale per la produzione di una sfera pubblica vibrante. Ne emerge una ricostruzione convincente volta non solo a respingere le critiche degli scettici sulle reali possibilità d’inclusività democratica, ma diretta soprattutto a suggerire un più efficace modello deliberativo per la garanzia della stabilità sociale. Questo testo è diventato ormai un riferimento internazionale classico nella discussione sul tema della deliberazione pubblica. L’autore ha inoltre sviluppato in ambito post-nazionale il suo modello deliberativo senza tuttavia ridiscutere i fondamenti concettuali della sua proposta teorica qui enunciati.Vista la rilevanza del tema e considerata la centralità del testo proposto, sembrerebbe dunque auspicabile rendere il testo disponibile anche al lettore italiano. (shrink)

This article proposes a novel conception of affective injustice, according to which affective injustice is a state in which individuals or groups are deprived of “affective goods” which are owed to them. On this basis, I advocate an approach to the philosophical investigation of affective injustice that begins by establishing which affective goods are fundamental, and then considers which subsidiary goods—such as freedoms, resources, opportunities, and forms of recognition—may be necessary for the provision of those fundamental affective goods. Drawing from (...) and developing ideas in the extant literature, I argue that two such fundamental affective goods include subjective well-being and emotional aptness. I then show that by analyzing deprivations of the subsidiary goods that enable a person to pursue and attain subjective well-being and emotional aptness, it is possible to shed new light on the cases of affective injustice that have been described in the extant literature, while also identifying other kinds of cases that have not been theorized to the same extent. (shrink)

European Journal of Political Theory, Ahead of Print.

Political theorists study the attributes of desirable social-moral states of affairs. Schaefer (forthcoming) aims to show that "static political theory" of this kind rests on shaky foundations. His argument revolves around an application of an abstruse mathematical theorem -- Kakutani's fixed point theorem -- to the social-moral domain. We show that Schaefer has misunderstood the implications of this theorem for political theory. Theorists who wish to study the attributes of social-moral states of affairs should carry on, safe in the knowledge (...) that Kakutani's theorem poses no threat to this enterprise. (shrink)

This paper has two aims. The first is to describe several sources of the moral responsibility to remedy or alleviate global poverty—reasons why an agent might have such a responsibility. The second is to consider what sorts of agents bear the responsibilities associated with each source—in particular, whether they are collective agents like states, societies, or corporations, on the one hand, or individual human beings on the other. We often talk about our responsibilities to the poorest people in the world, (...) or what we owe them. So the question is who this we is. I shall argue that the answer depends on the source of the responsibility. Some responsibilities—one species of causal responsibilities—belong in the first instance to collectives, although they will also trickle down to at least some individuals within the collective. Other responsibilities—humanitarian responsibilities, and a different species of causal responsibilities—belong in the first instance to individuals, but can, I shall argue, “trickle up” to collectives of which individuals are members. (shrink)

Theories of moral desert focus only on the personal culpability of the agent to determine the amount of blame and punishment the agent deserves. I defend an alternative account of desert, one that does not focus only facts about offenders and their offenses. In this revised framework, personal culpability can do no more than set upper and lower limits for deserved blame and punishment. For more precise judgments within that spectrum, additional factors must be considered, factors that are independent of (...) the agent and the offense. I refer to this as the ‘partial conception’ of desert because takes facts about victims—their behavior, desires, and attitudes—into account for desert judgments. On my view, then, agents who are equally culpable may deserve different amounts of blame or punishment, depending on these victim-related factors. (shrink)

Journal of Social Philosophy, EarlyView.

The aim of this chapter is to articulate the ways in which our social standing, and particularly our socio-economic status (SES), affects, even transforms, the experience of boredom. Even if boredom can be said to be democratic, in the sense that it can potentially affect all of us, it does not actually affect all of us in the same way. Boredom, I argue, is unjust—some groups are disproportionately negatively impacted by boredom through no fault of their own. Depending on our (...) social position and self and others’ perceptions of our SES, we can experience it more frequently, more intensely, and in ways that either leave us incapable of alleviating it or push us to harmful and maladaptive responses to it. Hence, seen in a socio-economic light, boredom can become a serious threat to our physical and psychological well-being. Insofar as freedom to pursue and achieve one’s well-being is essential to human life and a primary concern of contemporary liberal societies, boredom should be considered to be a social justice issue. The disproportionately negative effects of boredom on lower SES groups indicate the profound ways that boredom affects individuals and further disadvantages those who are already in marginalized positions. Contrary to many historical accounts, boredom is not only the experience of the elite, the wealthy, or those with ample free time. In our current political, social, and economic climate, boredom is primarily the experience of the less privileged, the disadvantaged, and the marginalized. (shrink)

I examine the main anticosmopolitan Rawslian argument, the ‘basic structure argument.’ It holds that distributive justice only applies to existing basic structures, there are only state basic structures, so distributive justice only applies among compatriots. Proponents of the argument face three challenges: 1) they must explain what type of basic structure relation makes distributive justice relevant only among compatriots, 2) they must explain why distributive justice (as opposed to allocative or retributive) is the relevant regulative concept for basic structures, and (...) 3) they must put forth a plausible concept of distributive justice. I show that Rawlsians support what I will call the ‘division of labor thesis’ to answer the first two challenges. Briefly, the division of labor thesis holds that distributive justice only becomes relevant where members of a division of labor jointly produce some socioeconomic product. To meet the third challenge, Rawlsians seem to accept what Elizabeth Anderson calls the ‘modern systemic concept of distributive justice’ – the idea that distributive justice organizes entire economic systems with respect to their distributive consequences or the relationships they maintain. I argue that if Rawlsians accept the systemic concept, they should reject the anticosmopolitan basic structure argument. (shrink)

The injustices wrought by unequal access to the legal system pose a direct threat to the rule of law, yet such injustices are widespread in England and elsewhere. Lawyers regularly criticise governments for a lack of funding for the legal system, but the private market for delivering legal services receives much less scrutiny. A private market for legal resources is antithetical to equal justice because it makes the outcome of cases turn on arbitrary factors such as wealth. The solution, according (...) to Wilmot-Smith in his book Equal Justice, is to socialise the allocation of legal services so that the rich cannot buy the best lawyers, and to prevent them from contracting out of this public system by making private arbitrations unenforceable. This review article argues that Wilmot-Smith’s thesis is persuasive, but there might also be second-best solutions that could deliver greater legal equality at lower cost. (shrink)

Sheldon S. Wolin’s ‘fugitive democracy’ is arguably his most provocative contribution to political theory. Breaking with the understanding of democracy as a constitutional form whose origins he locates in the work of Aristotle, Wolin claims democracy is better understood not as a constitution, but as a ‘rebellious moment,’ making democracy dependent on cultural rather than institutional characteristics. This formulation poses a problem for democracy as a political phenomenon, as political power today tends to be concentrated within institutions. Without institutional expression, (...) democracy is alienated from political power and hence a contradiction in terms. I reconstruct an understanding of Wolin’s fugitive democracy that can avoid such problems, while also being adequate to the current political juncture. I argue that Aristotle’s conception of the practice of justice, read through the lens of Wolin’s ‘fugitive democracy,’ becomes ‘fugitive justice,’ the cultivation of a democratic ethos that might support and sustain fortuitous democratic moments, connecting democratic culture to political institutions. In this way, Aristotle’s work is split: not simply the founder of constitutionalism, through ‘fugitive justice’ Aristotle becomes a resource for radical democrats, and a complement to Wolin’s concept of democracy. (shrink)

Efforts to develop a coherent role for white people in racial justice initiatives in the USA are often stymied by the defensiveness, paternalism, and guilt of many white liberals. Such efforts are also undermined by critiques of whiteness that conflate white identity and white supremacy. I address this dilemma by developing an account of antiracist white identity politics, conceived of here as taking responsibility for the effects of being socially defined as white. I locate conceptual resources for this project in (...) James Baldwin’s reflections on tragedy, love, and identity. In contrast to those who invoke Baldwin to argue for abolishing white identity, I make a case for politicizing it. I draw on Baldwin’s articulation of a tragic sensibility to argue that white antiracism requires accepting a morally compromised identity one has not chosen. It also requires accepting that serious efforts to end white supremacy inevitably lead to mistakes, misunderstandings, and counterproductive outcomes. By adopting a tragic perspective on these aspects of white antiracism, white people would become more capable of forging antiracist white identities through robust engagement in struggles for racial justice. (shrink)

Journal of Social Philosophy, EarlyView.

The purpose of this paper is to shed light on what liberal states should tolerate outside their borders. This requires definitions of `liberalism, ́ `toleration, ́ and `state. ́ In the first section of this paper, I briefly indicate how I use those and other terms necessary to the discussion and introduce the normative principle I take liberals to be committed to. In the second section, I continue clearing the path for the rest of my discussion. In the rest of (...) the paper, I draw conclusions about what liberals should tolerate outside their state that I believe follow from the proffered definitions and principles. I limit myself to interference aimed at providing humanitarian aid, but do so in a way that is meant to provide resources for thinking about other sorts of interventions. In the third section, I consider humanitarian interventions done with the permis- sion of the other state and will point toward a toleration-based view; here we are really talking about non-toleration of suffering. In the fourth section, I consider humanitarian interventions done without the permission of the other state; here we are talking about non-toleration of a state that harms its residents. I consider an objection in section five. (shrink)

An increasingly wide array of moral arguments has coalesced in recent work on the question of how to confront the phenomenon of climate change driven displacement. Despite invoking a range of disparate moral principles, arguments addressing displacement across international borders seem to converge on a similar range of policy remedies: expansion of the 1951 Refugee Convention to include ecological refugees, expedited immigration, or, for entire political communities that have suffered displacement, even the ceding of sovereign territory. Curiously, this convergence is (...) observable even across the distinction of interest for this paper: the distinction between arguments that proceed in the vein of reparations and arguments that reach their conclusion without invoking any reparations. Even though as a collection they appear to point in the same direction, I argue that non-reparative arguments that seek to address climate change driven displacement have several shortcomings, such that climate justice should be understood to include an indispensable role for reparations. (shrink)

Parenting involves an extraordinary degree of power over children. Republicans are concerned about domination, which, on one view, is the holding of power that fails to track the interests of those over whom it is exercised. On this account, parenting as we know it is dominating due to the low standards necessary for acquiring and retaining parental rights and the extent of parental power. Domination cannot be fully eliminated from child-rearing without unacceptable loss of value. Most likely, republicanism requires that (...) we minimise children’s domination. I examine alternative models of child-rearing that are immune to republican criticism. (shrink)

For several years Michael Blake has been among the most important contributors to the philosophical literature on immigration. This book is therefore greatly anticipated, and develops a number of fruitful arguments. Although I will argue that the account is unsuccessful or incomplete at key points, it’s clearly an important work of relevance to those working on immigration, as well as to political philosophers more generally. In particular, Blake provides powerful arguments against the claim that “open borders” are required by liberal (...) principles of justice, develops his own “jurisdictional” account justifying immigration restrictions and the acceptable limits to these restrictions, and, in the most interesting and novel part of the book, discusses the role of virtues and values other than justice in relation to immigration policy, focusing specifically on the virtue of mercy. This last section of the book has potential for starting a rewarding line of research for political philosophers working on many topics, not just immigration. (shrink)

Demands calling for reparations for historical injustices—injustices whose original victims and perpetrators are now dead—constitute an important component of contemporary struggles for social and transnational justice. Reparations are only one way in which the unjust past is salient in contemporary politics. In my book, Injustice and the Reproduction of History: Structural Inequalities, Gender and Redress, I put forward a framework to conceptualise the normative significance of the unjust past. In this article, I will engage with the insightful comments and try (...) to address the concerns of the contributors to the symposium on my book. I will discuss whether and in what sense my framework incorporates past-regarding duties, how it is different from causal interpretations of the relationship between past and present injustice, whether it can carve out a greater place for blame in our thinking about responsibility for structural injustice, whether such a responsibility needs to hinge upon an account of solidarity, and how de-temporalising injustice can cast new light on immigration politics. In particular, I will stress and further clarify the importance that the notion of ‘structural debt’, which my book develops to reflect on historical responsibility, can play in thinking about what is owed to an unjust history. (shrink)

This paper examines Nuti’s accounts of structural injustice and historical injustice in the light of a political dilemma that confronted Young’s work on structure injustice. The dilemma emerges from a paradox that can be stated simply: justly addressing structural injustice would require that those subject to structural injustice enjoy the kind of privileged position of decision-making power that their being subject to structural injustice denies them. The dilemma thus concerns how to justly address structural injustice. I argue that Nuti’s account (...) is currently unable to provide an adequate theorization of how to address this dilemma because it lacks an account of political solidarity, but also that her account provides important resources for dissolving a dispute between two competing theories of solidarity in a way that facilitates the articulation of an account of political solidarity that is adequate to addressing the political dilemma. (shrink)

Pluralism and diversity are largely bound to a humancentric conception of difference, one which fails to consider the plurality of ontologies that constitute reality. The result has been the confinement of the subject of justice to social spaces, and hence the reinforcement of the dichotomous understanding of humanity and nature. This is in part because pluralist theories are largely concerned with one single manifestation of vulnerability: the vulnerability of minority groups. This essay begins by offering a distinctive definition of vulnerability, (...) one that is broad enough to incorporate both universal and dispositional accounts, while being narrow enough to rule out both vitalist and biocentric approaches. I use the notion to examine debates on political pluralism, and I argue that, as they currently stand, pluralist approaches are ill suited for understanding the struggles of Indigenous peoples against colonialism. I defend the view that the normative case for pluralism needs to be grounded in an ecologically aware ethics that can respond to the vulnerability of animate beings who sustain life. (shrink)

Journal of Social Philosophy, EarlyView.

Journal of Social Philosophy, EarlyView.

In this paper, I take issue with Peter Balint’s recent account of the value of toleration as an instrument for securing freedom-maximising outcomes in pluralistic societies. In particular, I question the extent to which the ideal of toleration can be entirely reduced to someone’s intentional withholding of negative interference whose value lies in the protection of individual negative freedoms. I argue that couching the value of toleration entirely in these freedom-maximising terms fails to do justice to the relational value of (...) toleration. To see this value, we must also have in sight the drastic changes that appeals to toleration make to the nature of what goes on between the tolerator and the tolerated, not only to the state of affairs that is created by their relation. (shrink)

McCarthy et al.’s proposal gains much of its plausibility by relying on a superficial treatment of justice, human dignity, sin, and the common good within the Christian tradition. Upon closer inspection of what these terms mean within the context of Christianity, it becomes clear that despite using the same phrases (e.g., a commitment to “protecting vulnerable populations,” the goal of “promoting justice,” etc.) contemporary secular bioethical goals are often deeply at odds with goals of Christian bioethics. So, while the authors (...) are right that there is room for dialogue (and even agreement) concerning general moral principles, the process of specification and application of these principles will often be heavily influenced by competing ethical traditions. Such divergent influences will often frustrate cooperative ventures between secular and religious bioethical projects. Thus, when put into action, McCarthy et al.’s proposal will—at best—produce a divided kingdom; one that cannot hope to stand. (shrink)

This article offers a justification for accommodating claims of conscience. The standard justification points to the pain that acting against one’s conscience entails. But that defense cannot make sense of the state’s refusal to accommodate individuals where the law interferes with their deeply meaningful but nonmoral projects. An alternative justification, we argue, arises once one recognizes the connection between conscience and moral address: One’s lived moral convictions determine when and with what force one can hold others to account. Acting against (...) one’s convictions can undermine one’s standing to blame others who act in similar ways. When the state compels someone to act against conscience, it renders her complicit in conduct she takes to be wrong and thereby impairs her ability to condemn similar conduct in the future, in a manner akin to the hypocrite. The reason the state should not compel people to act against conscience, then, is that doing so would undercut their moral standing. (shrink)

There is now an awakening to and recognition of the emotionally complex lives of some non-human animals. While their forms of consciousness may vary, some are indeed conscious and deserve political consideration. What that political consideration ought to be is the central topic of this article. First, I argue that interspecies justice must be understood in terms of the relationships that foster individual flourishing of all concerned. The obstacles to such flourishing are the five faces of oppression famously identified by (...) Iris Marion Young: exploitation, marginalization, powerlessness, cultural imperialism, and violence. By extending Young’s concept of the social group to intra- and interspecies groups, we become more attuned to differences between and among species. Theorizing the existence of interspecies groups brings forward new avenues to explore oppression and simultaneously theorize its opposite – interspecies justice. Second, I argue that a positive theory of interspecies flourishing can be developed on the basis of Marx’s materialist philosophy and reclamation of species-being. Though Marx uses humanist language throughout the Economic and Philosophic Manuscripts of 1844, attention to his methodological commitments reveals that some non-human animals can no longer be excluded from the capability of flourishing and species-being. Some non-human animals are conscious, act purposefully, and labor creatively and must be included in our circle of moral and political concern. (shrink)