Rawls on Distributive Justice, Misc

En este artículo defiendo que la concepción rawlsiana de la justicia distributiva va más allá de los márgenes de la justicia asignativa y que esta presenta buenos argumentos para hacer frente a las demandas de reconocimiento. Para alcanzar este objetivo, en primer lugar muestro que algunos críticos del paradigma liberal distributivo malinterpretan la concepción de la justicia distributiva elaborada por Rawls y reducen su finalidad a un mero reparto de bienes. Al hacer lo anterior, ellos no logran comprender la dimensión (...) moral de la propuesta rawlsiana, propuesta firmemente asentada en la idea de reconocimiento. En segundo lugar, analizo la relevancia que tienen las nociones de reconocimiento recíproco y autorrespeto en la teoría de la justicia de Rawls, para finalmente mostrar cómo a partir de ellas se puede reinterpretar la finalidad de la justicia distributiva e incluir las demandas de reconocimiento. (shrink)

The present work is to be a critique of Rawls’ Veil of Ignorance as well as putting forth an alternative analytical tool when constructing societies known as the L’echelle Naturelle. My paper hopes to argue that inequalities in a society are not only essential in society contrary to Rawls’ Egalitarian ideology, but do in fact contain equality so long as the autonomy of the citizen is fully exercisable. I contend that institutions such as government and their extensions namely the law, (...) have debilitated the exercisability of autonomy. The consequence of that is an artificial hierarchy monopolized by a minority rather than a natural hierarchy where every citizen is a means unto themselves. The phenomenon of a natural hierarchy that is made possible by unchained autonomy is what the L’echelle Naturelle hopes to expound upon in the forthcoming work. (shrink)

Theorists have long debated whether John Rawls’ conception of justice as fairness can be extended to nonideal (i.e. unjust) social and political conditions, and if so, what the proper way of extending it is. This paper argues that in order to properly extend justice as fairness to nonideal conditions, Rawls’ most famous innovation – the original position – must be reconceived in the form of a “nonideal original position.” I begin by providing a new analysis of the ideal/nonideal theory distinction (...) within Rawls’ theoretical framework. I then systematically construct a nonideal original position, showing that although its parties must have Rawls’ principles of ideal justice and priority relations as background aims, the parties should be entirely free to weigh those aims against whatever burdens and benefits they might face under nonideal conditions. Next, I show that the parties ought to aim to secure for themselves a special class of nonideal primary goods: all-purpose goods similar to Rawls’ original primary goods, but which in this case are all-purpose goods individuals might use to (A) promote Rawlsian ideals under nonideal conditions, (B) weigh Rawls’ principles of ideal justice and priority relations against whatever burdens and benefits they might face under nonideal conditions, and (C) effectively pursue their most favored weighting thereof. I then defend a provisional list of nonideal primary goods which include opportunities to participate effectively in equitable and inclusive grassroots reform movements guided by a series of substantive aims. Finally, I briefly speculate on how the parties to the nonideal original position might deliberate to principles of nonideal justice for distributing nonideal primary goods, suggesting that those goods should be distributed in proportion to unjust disadvantage. (shrink)

When philosophers, social scientists, and politicians seek to determine the justice of institutional arrangements, their discussions have often taken the form of questioning whether and under what circumstances the redistribution of wealth or other valuable goods is justified. This essay examines the different ways in which redistribution can be understood, the diverse political contexts in which it has been employed, and whether or not it is a useful concept for exploring questions of distributive justice.

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)

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

In 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 (...) framework of a ‘property-owning democracy’ in his elaboration of the precise institutional requirements of Rawlsian Institutionalist justice, and his related claim that Cohen’s rejection of Institutionalism involves an objectionable ‘double counting’ of the demands of justice. I argue that once we are clear about both the kind of justification that can be given for a prerogative within a plausible ethical theory, and about the key points of departure between Institutionalist views and their rivals, Cohen’s rejection of Institutionalism appears well-motivated, and Thomas’s claim that his view is guilty of double counting the demands of justice can be seen to be mistaken. (shrink)

Dependency care is an asymmetric good; everyone needs to receive it, but it is not the case that we all have to provide it. Despite ethicists’ of care’s theorizing about the importance of dependency care, it has yet to be theorized within a form of liberalism. This paper theorizes two components of a liberal theory of dependency care. First, it advances a liberal justification to include the receipt of dependency care among the benefits of social cooperation. Then, it advances an (...) autonomy-based principle to guide how care should be provided (“strong proceduralism”). Strong proceduralism is based on an account of autonomy that incorporates the significance of a person’s skills when he parses options. Strong proceduralism consequently requires educational efforts to teach care-giving skills to groups who have not previously possessed them. I hypothesize that strong proceduralism will secure adequate care provision as the outcome of autonomous choice, but if an inadequate number of people choose to provide care, then a secondary stage of deliberations will be necessary. If the outcome of those secondary deliberations is that people want to have their care needs met, then a fair process for distributing infringements on autonomy must be devised. (shrink)

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 (...) values’. This revised original position lends support to intergenerational justice as fairness. (shrink)

Some key political challenges today, e.g. climate change, are future oriented. The intergenerational setting differs in some notable ways from the intragenerational one, creating obstacles to theorizing about intergenerational justice. One concern is that as the circumstances of justice do not pertain intergenerationally, intergenerational justice is not meaningful. In this paper, I scrutinize this worry by analysing the presentations of the doctrine of the circumstances of justice by David Hume and John Rawls. I argue that we should accept the upshot (...) of their idea, that justice is context sensitive, even if this at first sight seems to invalidate intergenerational justice. On the basis of moral constructivism, I subsequently provide a fresh reading of the doctrine according to which it conveys the idea that justice is the solution to a practical problem. However, as the problem background is evolving, we need to properly characterize the relevant practical problem in order to make ethical theorizing relevant. Contrary to what has been claimed, the circumstances of justice do not then clash with intergenerational justice, but are the necessary presuppositions for its advancement. (shrink)

Rawls’ theory of justice is paradoxical, for it requires a society to aim directly to maximize the basic goods received by the least advantaged even if directly aiming is self-defeating. Rawls’ reasons for rejecting capitalist systems commit him to holding that a society must not merely maximize the goods received by the least advantaged, but must do so via specific institutions. By Rawls’ own premises, in the long run directly aiming to satisfy the difference principle is contrary to the interests (...) of the poor, though it is meant to aid them. -/- . (shrink)

Widely hailed as one of the most significant works in modern political philosophy, John Rawls's _Political Liberalism_ defended a powerful vision of society that respects reasonable ways of life, both religious and secular. These core values have never been more critical as anxiety grows over political and religious difference and new restrictions are placed on peaceful protest and individual expression. This anthology of original essays suggests new, groundbreaking applications of Rawls's work in multiple disciplines and contexts. Thom Brooks, Martha Nussbaum, (...) Onora O'Neill, Paul Weithman, Jeremy Waldron, and Frank Michelman explore political liberalism's relevance to the challenges of multiculturalism, the relationship between the state and religion, the struggle for political legitimacy, and the capabilities approach. Extending Rawls's progressive thought to the fields of law, economics, and public reason, this book helps advance the project of a free society that thrives despite disagreements over religious and moral views. (shrink)

I aim to identify and describe some basic elements of a Rawlsian approach that may help us to think conscientiously about how, from the standpoint of justice, we should treat the disabled. Rawls has been criticized for largely ignoring issues of this sort. These criticisms lose their appeal, I suggest, when we distinguish between a Rawlsian standpoint and the limited project Rawls mainly undertakes in A Theory of Justice. There his explicit aim is to find principles of justice, which are (...) to govern the basic structures of a closed, well-ordered society that exists under reasonably favorable conditions, that would be chosen by parties in the original position from among a small set of traditional conceptions of justice. Once we develop a conception of justice for a society like that, Rawlsians hope we can make certain revisions to find principles of justice for a society like ours. Finally, I sketch what seems to me a plausible way for a Rawlsian to begin thinking about how a society like ours should provide justice for its disabled citizens. (shrink)

G.A. Cohen and David Estlund claim that, because of their fact-dependent nature, constructivist theories of justice do not qualify as moral theories about fundamental values such as justice. In this paper, I defend fact-dependent, constructivist theories of justice against this fact-independency critique. I argue that constructivists can invoke facts among the grounds for accepting fundamental principles of justice while maintaining that the foundation of morality has to be non-empirical. My claim is that constructivists ultimately account for the normativity of fact-dependent (...) principles by referring to a fact-independent, moral conception of the person, which is not a principle of justice.1. (shrink)

The present paper aims to analyze Okin’s critique of Rawls’s theory of justice via a held argumentative dialogue. This critique is centred on Rawls’s dichotomy between public and private sphere, and its commitment to a purely political liberalism, both hindering the application of justice within the family. Hence, gender inequality is not inhibited at its origin, at the level of the patriarchal family. In order to achieve this inhibition, Okin aspires to use Rawls’s theory of justice as an epitome in (...) a pro modo manner, so that the personal becomes the political. With the aim to apply justice directly within the family, this paper argues that Okin’s critique emphasizes the imperative for the Rawlsian theory of justice to be reconstructed as a teleological comprehensive liberal model. The form that public action should take will be critically analyzed. It will help to sustain the need to deconstruct gender as a nomos inherently responsible for hierarchical relations. With this aim, this paper has developed a new feminism, the so-called “feminism of opposition”. In addition, it will be evidenciated that the political and the private must form a symbiosis governed by the prerequisite of “the moral point of view”, enabling impartiality and autonomy. (shrink)

The present paper aims to analyze Okin’s critique of Rawls’s theory of justice via a held argumentative dialogue. This critique is centred on Rawls’s dichotomy between public and private sphere, and its commitment to a purely political liberalism, both hindering the application of justice within the family. Hence, gender inequality is not inhibited at its origin, at the level of the patriarchal family. In order to achieve this inhibition, Okin aspires to use Rawls’s theory of justice as an epitome in (...) a pro modo manner, so that the personal becomes the political. With the aim to apply justice directly within the family, this paper argues that Okin’s critique emphasizes the imperative for the Rawlsian theory of justice to be reconstructed as a teleological comprehensive liberal model. The form that public action should take will be critically analyzed. It will help to sustain the need to deconstruct gender as a nomos inherently responsible for hierarchical relations. With this aim, this paper has developed a new feminism, the so-called “feminism of opposition”. In addition, it will be evidenciated that the political and the private must form a symbiosis governed by the prerequisite of “the moral point of view”, enabling impartiality and autonomy. (shrink)

I suggest that the social justice issues raised by Internet regulation can be exposed and examined by using a methodology adapted from that described by John Rawls in 'A Theory of Justice'. Rawls' theory uses the hypothetical scenario of people deliberating about the justice of social institutions from the 'original position' as a method of removing bias in decision-making about justice. The original position imposes a 'veil of ignorance' that hides the particular circumstances of individuals from them so that they (...) will not be influenced by self-interest. I adapt Rawls' methodology by introducing an abstract description of information technology to those deliberating about justice from within the original position. This abstract description focuses on computing devices that users can use to access information and information networks that information devices use to communicate. The abstractness of this description prevents the particular characteristics of the Internet and the computing devices in use from influencing the decisions about the just use and regulation of information technology and networks. From this abstract position, the principles of justice that the participants accept for the rest of society will also apply to the computing devices people use to communicate, and to Internet regulation. (shrink)

Are intellectual property rights for talented people justified by Rawls’ criteria of justice? In this paper, I argue that Rawls’ theory of justice is ill-equipped to answer this question. Tailored for rival goods and, as a result, centred on the distribution of benefits, it tends to restate questions of justice about unequal rights as questions about economic inequalities. Therefore, it lacks the tools necessary to distinguish among different forms of incentives for talented people. Once social and economic inequalities observe equality (...) of opportunity and improve the least advantaged, the theory is indifferent as to whether talented people are allowed to compete for monopoly rights or for direct financial reward. (shrink)

The “property question” is the constitutional question whether a society’s basic resources are to be publicly or privately owned; that is, whether these basic resources are to be available to private owners, perhaps subject to tax and regulation, or whether instead they are to be retained in joint public ownership, and managed by democratic processes. James Madison’s approach represents a case in which prior holdings are taken for granted, and the property question itself is kept off of the political agenda. (...) By contrast, John Rawls approach abstracts from any actual pattern of holdings, while putting the property question on the political agenda, but at a particular place. This paper compares and contrasts the two approaches. (shrink)

This book is the first detailed reconstruction of the late work of John Rawls, who was perhaps the most influential philosopher of the twentieth century. Rawls's 1971 treatise, A Theory of Justice, stimulated an outpouring of commentary on 'justice-as-fairness,' his conception of justice for an ideal, self-contained, modern political society. Most of that commentary took Rawls to be defending welfare-state capitalism as found in Western Europe and the United States. Far less attention has been given to Rawls's 2001 book, Justice (...) as Fairness: A Restatement. In the Restatement, Rawls not only substantially reformulates the 'original position' argument for the two principles of justice-as-fairness but also repudiates capitalist regimes as possible embodiments. Edmundson further develops Rawls's non-ideal theory, which guides us when we find ourselves in a society that falls well short of justice. (shrink)

Cosmopolitans argue that the account of human rights and distributive justice in John Rawls's The Law of Peoples is incompatible with his argument for liberal justice. Rawls should extend his account of liberal basic liberties and the guarantees of distributive justice to apply to the world at large. This essay defends Rawls's grounding of political justice in social cooperation. The Law of Peoples is drawn up to provide principles of foreign policy for liberal peoples. Human rights are among the necessary (...) conditions for social cooperation, and so long as a decent people respect human rights, a common good, and the Law of Peoples, it is not the role of liberal peoples to impose upon well-ordered decent peoples liberal liberties they cannot endorse. Moreover, the difference principle is not an allocative or alleviatory principle, but applies to design property and other basic social institutions necessary to economic production, exchange and consumption. It presupposes political cooperation—a legislative body to actively apply it, and a legal system to apply it to. There is no feasible global state or global legal system that could serve these roles. Finally, the difference principle embodies a conception of democratic reciprocity that is only appropriate to cooperation among free and equal citizens who are socially productive and politically autonomous. a Footnotesa I am grateful to K. C. Tan for many helpful discussions and criticisms of this essay. I am also grateful to the other contributors to this volume for their comments, and to Ellen Paul for her many helpful suggestions in preparing the final version of this essay. (shrink)

Cosmopolitans like Gillian Brock, Charles Beitz, and Thomas Pogge argue that the principles of justice selected and arranged in lexical priority in Rawls’ first original position would—and should for the same reasons as in the first—also be selected in Rawls’ second original position. After all, the argument goes, what reasons other than morally arbitrary ones do we have for selecting a second set of principles? A different, though undoubtedly related, point of contention is the cosmopolitan charge that Rawls fails to (...) consider the unfavorable conditions that owe themselves to global factors. Perhaps there was a time when interconnectedness and interdependency between states was not a factor, but in the current global order, this is certainly not the case. While this paper will address other related cosmopolitan concerns mentioned in Brock’s work, it is these two points that are perhaps the two biggest threats to the Rawlsian project and, as such, it is these two points that will be the primary focus of this paper. (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)

The practice-dependent approach to global justice makes a welcome attempt to steer a course between egalitarian liberal cosmopolitanism, on the one hand, and statism and nationalism, on the other. In so doing, it seeks to reconcile the universality of justice with the particular role principles of justice play within the context of different social practices. In this paper, I argue, however, that the “practice turn” in theorising about justice has not gone far enough, either methodologically or substantively. Methodologically, it is (...) necessary to move beyond the residual positivism of the practice-dependent approach to an interpretive approach that takes account of the reflexive, developmental nature of social practices. Substantively, focusing on the reflexivity of social practices, and particularly practices of reflexive constitution-making, provides a framework for a republican approach to international justice concerned with reconciling Kant’s idea of the universality of justice with the emphasis on popular sovereignty of Rousseau and Hegel. (shrink)

In this paper I examine John Rawls’s understanding of desert. Against Samuel Scheffler, I maintain that the reasons underlying Rawls’s rejection of the traditional view of distributive desert in A Theory of Justice also commit him to rejecting the traditional view of retributive desert. Unlike Rawls’s critics, however, I view this commitment in a positive light. I also argue that Rawls’s later work commits him to rejecting retributivism as a public justification for punishment.

This chapter discusses how order ethics relates to the theory of justice. We focus on John Rawls's influential conception "Justice as Fairness" (JF) and compare its components with relevant aspects of the order-ethical approach. The two theories, we argue, are surprisingly compatible in various respects. We also analyse how far order ethicists disagree with Rawls and why. The main source of disagreement that we identify lies in a thesis that is central to the order ethical system, viz. the requirement of (...) incentive-compatible implementability. It purports that an ethical norm can be normatively valid only if individuals have a self-interested motive to support it. This idea conflicts with the Rawlsian view because there are cases where it is not clear, from the standpoint of self-interest, why everybody should support its moral demands. If the thesis of incentive-compatible implementability is, in fact, correct, a proponent of JF would have to reform her views. We suggest how she could do that while salvaging the heart of her normative system as a “regulative idea”. The conception that would result from this reformation may be seen as a new variant of order ethics, which we propose to call “Rawlsian Order Ethics”. (shrink)

Recent scholarship has considered the requirements of justice and economic regimes in the work of John Rawls. This work has not delved into the requirements of justice and liberal socialism as deeply as the work that has been done on property-owning democracy. A thorough treatment of liberal socialism and the requirements of justice is needed. This paper seeks to begin to fill this gap. In particular, it needs to be shown if liberal socialism fully answers the requirements of justice better (...) than property-owning democracy. It will be argued that liberal socialism does significantly better in realizing the two principles. This paper has the following structure, first, an overview of Rawls' position on economic regimes, capitalism, and the requirements of justice will be presented. In particular, how the two principles work in tandem to meet the demands of distributive justice will be considered. Second, a review of property-owning democracy will be conducted. Finally, liberal socialism will be examined and discussed as an economic regime that answers the requirements of justice more fully. (shrink)

G.A. Cohen’s critique of the Rawlsian difference principle points out an inconsistency in its presentation. The initial equality decided by the participants in the original position under the veil of ignorance is not preserved by the inequality sanctioned by the difference principle. Cohen shows how the breakdown of the initial equality of the original position prevents the desired results of the Rawlsian system from being realized. Cohen argues that an egalitarian ethos is required within a society for equality preserving economic (...) distributions and Pareto superior outcomes to occur. Nonetheless, Cohen’s analysis of Rawls misses the ultimate cause of inequality, which is the dynamics of capital accumulation. An egalitarian ethos is only possible if there is a socialist mode of production to facilitate its development. Additionally, Cohen’s critique of Rawlsian constructivism through an argument for intuitionism does not address the natural-material existence of human beings. This existence must be considered for any advantageous social formation. (shrink)

Abstract: This paper restates the thesis of 'The Requirements of Justice and Liberal Socialism" where it was argued that liberal socialism best meets Rawlsian requirements of justice. The recent responses to this paper by Jan Narveson, Jeppe von Platz, and Alan Thomas merit examination and comment. This paper shows that if Rawlsian justice is to be met, then non-personal property must be subject to public control. If just outcomes merit the public control of non-personal property and this control is not (...) utilized, then justice has been subordinated to the objectively less important institution of private property. (shrink)

G.A. Cohen's critique of the Rawlsian difference principle points out an inconsistency in its presentation. The initial equality decided by the participants in the original position under the veil of ignorance is not preserved by the inequality sanctioned by the difference principle. Cohen shows how the breakdown of the initial equality prevents the desired results of the Rawlsian system from being realized. He argues that an egalitarian ethos is required within a society for equality-preserving economic distributions and Pare to-superior outcomes (...) to occur. Nonetheless, Cohen's analysis of Rawls misses the ultimate cause of inequality, which is the dynamics of capital accumulation. An egalitarian ethos is only possible if there is a socialist mode of production to facilitate its development. Additionally, Cohen's critique of Rawlsian constructivism through an argument for intuitionism does not address the natural-material existence of human beings. This existence must be considered for any theory of social formation that intends to have advantageous results. (shrink)

Most philosophers recognize that sometimes particular individuals have to be grateful to others who have benefited them in a way that provides reasons for treating them in a differential way. In the same way, I argue, there are cases in which society as such benefits from the actions of a person, which gives rise to collective duties of gratitude that must be expressed at the political and socio-economic levels. The political concern about merit should not be merely instrumental, but also (...) moral: a society cannot be just if it disregards its collective duties of gratitude. I criticize Rawls’ famous Natural Lottery Argument showing that it relies on a problematic understanding of the notion of moral responsibility and develop some considerations on the role that gratitude should play when designing both public institutions and policies. (shrink)

Although World of Warcraft utilizes ethnic and gender stereotypes in the construction of its playable characters, the structure of the gaming environment provides a modest utopian vision that is structurally just, maximizing both liberty and equality among participants in a way consistent with John Rawls's Theory of Justice. As a result, class, race, and gender are much more a matter of human (humanoid) variety, rather than a tool for hierarchically differentiation. Nevertheless, in players' engagement with the game, class, race, and (...) gender differences take on meaning well beyond the strucuture of the Warcraft universe demonstrating how real world values infect our imagination. (shrink)

Conceptual analysis has fallen out of favor in political philosophy. The influence of figures like John Rawls and Ronald Dworkin has led political philosophy to focus on questions about what should be done, and to ignore questions about the usage of words. As a result, contemporary political philosophy lacks a shared understanding of the concept of justice, and a considerable amount of disagreement between political philosophers is, upon reflection, traceable to this. In my book, I call for renewed attention to (...) the manner in which the word ‘justice’ is and should be used. Focusing on the late work of G.A. Cohen, I argue that two major debates in contemporary political philosophy: the debate over luck-egalitarianism and the debate over whether justice imposes demands on citizens’ personal lives; are really just conceptual. Whereas some philosophers have been using the term ‘justice’ to refer to one among a plurality of values, others have been using it to refer to institutional rightness. Though the latter use of ‘justice’ is presently more dominant, I argue that much is to be gained from thinking of justice as one value among many. Doing so sheds light on the nature of both democracy and legitimacy, and, paradoxically, makes better sense of the idea that justice is ‘the first virtue of institutions’. (shrink)

In contemporary debates about justice, political philosophers take themselves to be engaged with a subject that’s narrower than the whole of morality. Many contemporary liberals, notably John Rawls, understand this narrowness in terms of context specificity. On their view, justice is the part of morality that applies to the context of a society’s institutions, but only has indirect application to the context of citizens’ personal lives. In contrast, many value pluralists, notably G.A. Cohen, understand justice’s narrowness in terms of singularity (...) against a plural background. On their view, justice is one fundamental value amongst a plurality of fundamental values. The purpose of my thesis is to establish that the pluralist conception of justice’s narrowness is theoretically significant and true. To establish its theoretical significance, I argue that proper attention to the ways in which different understandings of narrowness inform the work of contemporary egalitarians explains a considerable amount of disagreement between them concerning the content and scope of distributive justice. On the one hand, I’ll argue that if we understand justice’s narrowness in the manner Cohen and other pluralists do, i.e., understand a conception of justice to be a conception of a particular fundamental value, then both luck-egalitarianism and the claim that justice extends to the personal context are compelling. On the other hand, I’ll argue that if we understand justice’s narrowness in a contextual manner, i.e., understand justice to comprise one or more all-things-considered principles adopted for the institutional context, then both luck-egalitarianism and the claim that justice extends to the personal context prove implausible. To establish the truth of the pluralist conception of narrowness, I argue first, that the contextual understanding is only plausible if fairness should be understood procedurally instead of substantively; and second, that substantive fairness cannot be eliminated, as specifying the content of procedural fairness requires a substantive criterion. The upshot is that justice’s narrowness is best understood in terms of singularity against a plural background, rather than in terms of context specificity. (shrink)

This article reconstructs the political motivation argument against cosmopolitanism, according to which the extension of social justice beyond bounded communities would be motivationally unstable, and thus unjustified. It does so through an analysis of the stability problem, and a reconstruction of the three most prominent anti-cosmopolitan arguments—Rawlsian statism, liberal nationalism, and civic republicanism—as solutions to this problem. It then examines, and rejects, three prominent objections, each denying a different level of the argument. The article concludes that the civic republican version (...) of the argument is the most plausible, and implications for cosmopolitanism are considered. (shrink)

This article examines the methodology of a core branch of contemporary political theory or philosophy: “analytic” political theory. After distinguishing political theory from related fields, such as political science, moral philosophy, and legal theory, the article discusses the analysis of political concepts. It then turns to the notions of principles and theories, as distinct from concepts, and reviews the methods of assessing such principles and theories, for the purpose of justifying or criticizing them. Finally, it looks at a recent debate (...) on how abstract and idealized political theory should be, and assesses the significance of disagreement in political theory. The discussion is carried out from an angle inspired by the philosophy of science. (shrink)

This paper tries to reconcile reciprocity with a fundamentally 'subject-centred' ethic by interpreting the reciprocity condition as a consequence of the fact that justice is in part a relational value. Duties of egalitarian distributive justice are not grounded on the duty to reciprocate benefits already received, but limited by a reasonable assurance of compliance on the part of those able to reciprocate, because their point is to constitute a valuable relationship, one of mutual recognition as equals. We have unconditional duty (...) to help establish just global institutions, institutions which would allow us to share fairly in the burdens and benefits of global economic cooperation, but no unilateral duty to share fairly, where such institutions are not in place. Since non-contribution on the part of those unable to contribute involves no failure of recognition, the disabled do not fall outside the scope of distributive justice. (shrink)

Enhancements of the human germ-line introduce further inequalities in the competition for scarce goods, such as income and desirable social positions. Social inequalities, in turn, amplify the range of genetic inequalities that access to germ-line enhancements may produce. From an egalitarian point of view, inequalities can be arranged to the benefit of the worst-off group (for instance, through general taxation), but the possibility of an indefinite growth of social and genetic inequality raises legitimate concerns. It is argued that inequalities produced (...) by markets of germ-line enhancements are just if it they are embedded in a framework of social institutions that satisfies two conditions: (i) Rawls’ Difference Principle, which states that inequalities of income and wealth should benefit the worst-off group; (ii) the lexically prior 'principle of rough equality', which states that citizens’ initial life-chances should be similar enough, so that extreme inequalities in income, wealth and power are not produced or accumulated through institutions justified by the Difference Principle. The principle of rough equality replaces the Rawlsian principles of the Fair Value of the Political Liberties and Fair Equality of Opportunity in a post-genomic society and expresses a concern with background political equality, which is argued to be a condition of the freedom and equality of citizens that should not be traded off with material benefits. Extreme inequalities are defined in terms of political equality. (shrink)

John Rawls’ account of our obligations towards future generations has received considerable criticism in the environmental ethics literature relative to the scant few passages in which he discusses the issue. I argue that much of this criticism is warranted because Rawls’ Heads of Family strategy for grounding obligations to future generations is not only independently problematic, but also inconsistent with his general framework. Furthermore, the oft-suggested Time Travel strategy will not work either, and for just those reasons which Rawls gave. (...) However, I contend that the less often discussed “Universalizability Principle,” which Rawls discusses most prominently in Political Liberalism, is a plausible account of our obligations to future generations and is consistent with Rawls’ general framework. I then defend this Rawlsian account of our future-oriented obligations against objections in the environmental ethics literature such as those recently advanced by the consequentialist Tim Mulgan. (shrink)

En este trabajo desarrollo un modelo normativo sobre la obligación de continuidad de tratamiento beneficioso hacia los sujetos de investigación desde la perspectiva de la justicia social o distributiva, inspirado en la teoría de la justicia de John Rawls. Llamo a esto, el modelo de reciprocidad democrática. La idea original del modelo de reciprocidad democrática es defender que la obligación de continuidad de tratamiento beneficioso tiene como derecho correlativo el derecho a la salud. Así, dentro del marco rawlsiano, argumento que (...) las razones morales que dan peso a la obligación de continuidad de tratamiento beneficioso son, indirectamente, el principio de igualdad equitativa de oportunidades y, directamente, el derecho de justicia y/o el principio de equidad que se aplican a los miembros de una sociedad entendida como un sistema de cooperación social. (shrink)

The article responds to previous work, by Martin O’Neill, about the Rawlsian case for an entitlement to an element of workplace democracy. Of the three arguments for such an entitlement that O’Neill discusses, this article focuses mainly on the one he rejects (on the grounds of its having an implausible premise): the Fundamental Liberties Argument, according to which the right to an element of workplace democracy is a basic liberty. This article argues that while the argument can be improved to (...) withstand O’Neill’s objection, it is invalid. The article sets out a new argument, the Argument from Risk to the Moral Powers. While inspired by the Fundamental Liberties Argument, it is valid. Moreover, its premises are at least as plausible as those of one of the two arguments upon which O’Neill builds his Rawlsian case for an entitlement to an element of workplace democracy. (shrink)

This book-length chapter draws technical and philosophical connections between utility theory and social ethics. After the introductory section 1, section 2 proposes some philosophical and historical clarifications on the utility concept.; this includes a discussion of welfare and welfarism. Section 3 is brief summary of technical aspects of utility theory. Section 4 introduces the aggregative setting of social choice theory when interpersonal comparisons of utility are allowed, and using this setting, contrasts the derivation of utilitarianism with that of the Rawlsian (...) leximin; a subsection discusses variable populations. Section 5 still uses an aggregative setting, but with choice-theoretic constraints instead of assumptions on interpersonal comparisons of utility. This section centres on Harsanyi's Aggregation Theorem and its extension to subjective uncertainty by Mongin and others, ,and it devotes a philosophical discussion to both. Section 6 moves to the non-aggregative setting of the original position, and begins by contrasting Harsanyi's use of this setting with Rawls's. It then moves to some more later conceptions of fairness and equality. (shrink)

John Rawls says that one of the requirements for stability is “[s]ociety as an employer of last resort” (PLP, lix). He explains: “[t]he lack of . . . the opportunity for meaningful work and occupation is destructive . . . of citizens’ self-respect” (PLP, lix). Rawls implies in these claims that the opportunity for meaningful work is a social basis of self-respect. This constitutes a significant shift in his account of self-respect, one that has been overlooked. I begin by clarifying (...) Rawls’s account of self-respect in A Theory of Justice, then consider some post-Theory developments in it. After exploring the nature of Rawls’s commitment to the opportunity for meaningful work, I ask why he comes to think it is a social basis of self-respect. I extract a partial answer from his writings, then speculate about his full reasoning. Finally, I consider whether Rawls is right that the opportunity for meaningful work is a social basis of self-respect. I give some reason to believe that he is. (shrink)

John Rawls' Differenzprinzip verlangt, die gesellschaftlichen Spielregeln zum größten Vorteil der sozial Schwächsten einzurichten. Der vorliegende Band analysiert, was diese sozialethische Maxime realiter erfordert und erklärt, wie sie moralphilosophisch begründet werden kann. Dabei wird betont, dass die faktische Realisierbarkeit ethischer Prinzipien eine Bedingung ihrer normativen Geltung darstellt. Und es wird eine Interpretation des Differenzprinzips vorgestellt, die eine Umsetzung der Rawlsschen Idee auch unter realen gesellschaftlichen Bedingungen ermöglicht.

Many political philosophers argue that a principle of ‘fair equality of opportunity’ ought to extend beyond national borders. I agree that there is a place for FEO in a theory of global justice. However, I think that the idea of cross-border FEO is indeterminate between three different principles. Part of my work in this paper is methodological: I identify three different principles of cross-border fair equality of opportunity and I distinguish them from each other. The other part of my work (...) in this paper is normative: I argue that we should endorse only two of the three principles of cross-border fair equality of opportunity and that we shouldreject the third. Importantly, I think that we should reject the one version of transnational fair equality of opportunity that most advocates of such a principle appear to endorse. (shrink)