Rawls on Distributive Justice, Misc

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)

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

In a section of his book Anarchy, State, and Utopia entitled “Macro and Micro,” Nozick makes objections of a certain kind to Rawls. In this paper, I draw attention to a macro and micro objection that scattered material in that book entails.

In this paper, I argue that, contrary to what some critics suggest, political liberalism is not exclusionary with regards to the rights and interests of individuals with cognitive disabilities. I begin by defending four publicly justifiable reasons that are collectively sufficient for the inclusion of members of this group. Briefly, these are the epistemic uncertainty that inevitably exists about individuals’ actual capacities, the political liberal duty to treat parents fairly, the social framework that is required for the fulfilment of parental (...) duties, and the necessity of cultivating certain emotions that are strongly associated with reasonableness. These reasons show why a more inclusive reading of political liberalism is plausible, and how this can be achieved without abandoning or revising the theory’s commitment to public reason, the political conception of the person, and the role of social cooperation. I then turn to the question of what a more inclusive political liberalism would look like. More specifically, I argue that, although it would not require the participation of individuals with cognitive disabilities in the practice of legitimation, it would require their full inclusion in the realm of justice as equal rights-bearers. (shrink)

In this article, I aim to clarify some key issues in the ongoing debate about the relationship between Rawlsian political philosophy and business ethics. First, I discuss precisely what we ought to be asking when we consider whether corporations are part of the “basic structure of society.” I suggest that the relevant questions have been mischaracterized in much of the existing debate, and that some key distinctions have been overlooked. I then argue that although Rawlsian theory’s potential implications for business (...) ethics are more extensive than some have suggested, the nature of the concern that we ought to have about the effects of corporate behavior on individuals’ economic and social conditions should lead us to reject the view that corporations are bound by principles of justice only if, and insofar as, they are part of the basic structure. (shrink)

This article focuses on the challenge of determining the relative weight of domestic and global justice demands. This problem concerns a variety of views that differ on the metric, function, scope, grounds and fundamental interpretation of justice norms. I argue that domestic and global economic justice are irreducibly interdependent. In order to address their exact relation, I discuss and compare three theoretical models: the bottom-up-approach, which prioritizes domestic justice; the top-down-approach, which prioritizes global justice; and the horizontal framework, according to (...) which both domestic and global principles pose equally stringent demands that are to be implemented horizontally, without attributing a simple priority to one over the other. I argue that the third model represents the best overall framework, although more complex normative criteria need to be elaborated on the basis of this approach, affecting issues such as justice in climate change mitigation and adaption, development cooperation, trade, finance, taxation and immigration. (shrink)

One of John Rawls’s major aims, when he wrote A Theory of Justice, was to present a superior alternative to utilitarianism. Rawls’s worry was that utilitarianism may fail to protect the fundamental rights and liberties of persons in its attempt to maximize total social welfare. Rawls’s main argument against utilitarianism was that, for such reasons, the representative parties in the original position will not choose utilitarianism, but will rather choose his justice as fairness, which he believed would securely protect the (...) worth of everybody’s basic rights and liberties. In this paper, I will argue that, under close formal examination, Rawls’s argument against utilitarianism is self-defeating. That is, I will argue that Rawls’s own reasons, assumptions, and the many theoretical devices he employs demonstrably imply that the representative parties in the original position will choose utilitarianism instead of justice as fairness. (shrink)

The equal political liberties are among the basic first-principle liberties in John Rawls’s theory of Justice as fairness. Rawls insists, further, that the “fair value” of the political liberties must be guaranteed. Disavowing an interest in fair value is what disqualifies welfare-state capitalism as a possible realizer of Justice as fairness. Yet Rawls never gives a perspicuous statement of the reasoning in the original position for the fair-value guarantee. This article gathers up two distinct strands of Rawls’s argument, and presents (...) it in a straightforward sequence. Justice as fairness is contrasted to a competitor political conception of justice that is just like it but without the fair-value guarantee. A schema of the two-strand argument is presented in the Appendix. (shrink)

Journal of Social Philosophy, EarlyView.

Many of us assume that all the free editing and sorting of online content we ordinarily rely on is carried out by AI algorithms — not human persons. Yet in fact, that is often not the case. This is because human workers remain cheaper, quicker, and more reliable than AI for performing myriad tasks where the right answer turns on ineffable contextual criteria too subtle for algorithms to yet decode. The output of this work is then used for machine learning (...) purposes to generate algorithms constructed from large data sets containing thousands of correctly coded observations. The fact that ghost workers are treated as consumers distorts the basic logic of the employment relationship, effectively placing the worker-as-consumer in the worst of both worlds, in which they hold the legal rights of neither group. This puts them in a regulatory limbo position in which they have little or no protection, control, or guarantee of return on investment. This is because the platforms that facilitate ghost work have orchestrated a three-way virtual relationship that absolves all parties of responsibility, while placing nearly all the risks and opportunity costs squarely on the shoulders of the workers. As a result, we believe such a work arrangement as it stands, does not uphold basic standards of Rawlsian justice as fairness. (shrink)

This article argues political liberalism can and should be revised to improve its relevance to the private law. This approach is not a rejection of political liberalism, but instead a restatement consistent with the fundamental tenets of Rawls's theory of justice. The first part begins with a brief summary of Rawls's political liberalism. The second part discusses the strategies used to demonstrate the relevance of Rawls's theory to the private law. The third part examines how Rawls's theory can and should (...) be revised by incorporating capabilities. I argue this revision can be undertaken in a way that best develops the relevance of political liberalism. (shrink)

In “The Difference Principle Would Not Be Chosen behind the Veil of Ignorance,” Johan E. Gustafsson argues that the parties in the Original Position would not choose the Difference Principle to regulate their society’s basic structure. In reply to this internal critique, we provide two arguments. First, his choice models do not serve as a counterexample to the choice of the difference principle, as the models must assume that individual rationality scales to collective contexts in a way that begs the (...) question in favor of utilitarianism. Second, the choice models he develops are incompatible with the constraints of fairness that apply in the OP, which by design subordinates claims of rationality to claims of impartiality. When the OP is modeled correctly the difference principle is indeed entailed by the conditions of the OP. (shrink)

According to Philip Pettit, we should understand republican liberty, freedom as ‘non-domination,’ as a ‘supreme political value.’ It is its commitment to freedom as non-domination, Pettit claims, that distinguishes republicanism from various forms of liberal egalitarianism, including the political liberalism of John Rawls. I explain that Rawlsian political liberalism is committed to a form of non-domination, namely, a ‘political’ conception, which is: (a) limited in its scope to the ‘basic structure of society,’ and (b) ‘freestanding’ in nature (that is, compatible (...) with the ‘fact of reasonable pluralism’). I show that the political conception of non-domination is an integral part of political liberalism through an exploration of the kind of citizenship education that political liberalism mandates for all students. Such an education would impart to future citizen the skills and knowledge necessary for them to realize republican freedom vis-à-vis their political institutions, their workplaces, and, by means of an enforceable ‘right of exit,’ the various associations to which they might belong. (shrink)

John Rawls claims that public reasoning is the reasoning of ‘equal citizens who as a corporate body impose rules on one another backed by sanctions of state power’. Drawing on an amended version of Michael Bratman’s theory of shared intentions, I flesh out this claim by developing the ‘civic people’ account of public reason. Citizens realize ‘full’ political autonomy as members of a civic people. Full political autonomy, though, cannot be realised by citizens in societies governed by a ‘constrained proceduralist’ (...) account of democratic self-government, or the ‘convergence’ account of public justification formulated recently by Gerald Gaus and Kevin Vallier. (shrink)

John Rawls’ resistance to any kind of global egalitarian principle has seemed strange and unconvincing to many commentators, including those generally supportive of Rawls’ project. His rejection of a global egalitarian principle seems to rely on an assumption that states are economically bounded and separate from one another, which is not an accurate portrayal of economic relations among states in our globalised world. In this article, I examine the implications of the domestic theory of justice as fairness to argue that (...) Rawls has good reason to insist on economically bounded states. I argue that certain central features of the contemporary global economy, particularly the free movement of capital across borders, undermine the distributional autonomy required for states to realise Rawls’ principles of justice, and the domestic theory thus requires a certain degree of economic separation among states prior to the convening of the international original position. Given this, I defend Rawls’ reluctance to endorse a global egalitarian principle and defend a policy regime of international capital controls, to restore distributional autonomy and make the realisation of the principles of justice as fairness possible. (shrink)

Neorepublicans like Philip Pettit and Frank Lovett claim that neorepublicanism provides a superior normative research program compared to egalitarian-liberalism. Particularly, they argue that neorepublicanism offers a better justification of redistributive policies, which are normally associated with egalitarian-liberalism. According to Lovett and Pettit, the neorepublican justification is superior because it rests on parsimonious theoretical assumptions and is more suitable to persuade people of redistributive institutions. We contest these claims on the grounds of methodological and substantive moral reasons. We argue that the (...) neorepublican arguments claiming rhetorical effectiveness and parsimony rest on methodological presuppositions that reflect an unattractive understanding of political philosophy. Additionally, since neorepublicanism lacks a (thin) theory of the good, it does not provide a sufficient basis for justifying redistributive policies. (shrink)

This thesis focuses on what I call the question of exclusion. This question, I argue, is one that poses serious challenges to social contract approaches to justice and political legitimacy. In an intuitive way, the exclusion of some individuals seems to be a corollary of the social contractualist approach, which ascribes justice or legitimacy to a social arrangement insofar as it can be regarded as the product of the (actual – expressed or tacit – or hypothetical) consent of specified parties. (...) Consequently, this approach excludes those whose consent is not required in order to view an arrangement as legitimate or just. Given the enormous and continuing influence of John Rawls’s social contract theory, I take the Rawlsian view as my primary focus, concentrating on the way in which the question of exclusion raises challenges for Rawlsian contractualism. According to Rawls’s theory, those who participate in the hypothetical contract and to whom political power ought to be justifiable are reasonable and rational. They are reasonable in the sense that they understand and are willing to comply with the requirements of justice and they are rational in that they have the capacity to form, revise, and pursue a conception of the good. This gives rise to two categories of exclusion. In the first part of the thesis, I examine the exclusion of those who will develop the two moral powers sufficiently only if those who are represented in the social contract act (or refrain from acting) in certain ways. This category includes children, foetuses, and unreasonable citizens. Intuitively, justice issues in requirements in at least some of these cases, but it is hard to make sense of this on the Rawlsian approach. In the second part of the thesis, I address the question of exclusion regarding those who will never develop the two moral powers to the requisite degree, such as individuals with severe cognitive disabilities and non-human animals. Again, intuitively, justice issues in requirements here, but their justification is not clear on the contractualist approach. My conclusion is threefold. First, I argue that the problems the question of exclusion poses cannot be addressed by a single solution. Second, I safeguard Rawlsian contractualism by showing how each problem can be resolved. Third, I offer policy-prescriptions on a number of issues, such as education, abortion, and the criminal justice system. (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.

John Rawls argues that the Difference Principle would be chosen by parties trying to advance their individual interests behind the Veil of Ignorance. Behind this veil, the parties do not know who they are and they are unable to assign or estimate probabilities to their turning out to be any particular person in society. Much discussion of Rawls’s argument concerns whether he can plausibly rule out the parties’ having access to probabilities about who they are. Nevertheless, I argue that, even (...) if the parties lacked access to probabilities about who they are in society, they would still reject the Difference Principle. I argue that there are cases where it is still clear to the parties that it is not in any of their individual interests that the Difference Principle is adopted. (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)

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)

This article starts off with a historical section showing that deep disagreements among notions of social and political justice are a characteristic feature of the history of political thought. Since no agreement or consensus on distributive justice is possible, the article argues that political philosophers should – instead of continuously proposing new normative theories of justice – focus on analyzing the reasons, significance, and consequences of such kinds of disagreements. The next two sections are analytical. The first sketches five possible (...) reasons for deep disagreements among notions of social and political justice. The second discusses the meta-ethical relevance of the lack of consensus on justice and rejects ethical realism and cognitivism based on the argument from deep disagreements. (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)

Interest in the nature and importance of ‘childhood goods’ recently has emerged within philosophy. Childhood goods, roughly, are things that are good for persons qua children independent of any contribution to the good of persons qua adults. According to Colin Macleod, John Rawls’s political conception of justice as fairness rests upon an adult-centered ‘agency assumption’ and thus is incapable of incorporating childhood goods into its content. Macleod concludes that because of this, justice as fairness cannot be regarded as a complete (...) conception of distributive justice. In this paper I provide a political liberal response to Macleod’s argument by advancing three claims. First, I propose that political liberalism should treat leisure time as a distinct ‘primary good.’ Second, I suggest that leisure time should be distributed via the ‘basic needs principle’ and the ‘difference principle’ for all citizens over the course of their complete lives, including their childhoods. Third, the provision of leisure time in this way supports the realization of childhood goods for citizens. (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)

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)

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)

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)

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)

Some theorists—including Elizabeth Anderson, Gerald Gaus, and Amartya Sen—endorse versions of 'public reason' as the appropriate way to justify political decisions while rejecting 'ideal theory'. This chapter proposes that these ideas are not easily separated. The idea of public reason expresses a form of mutual 'civic' respect for citizens. Public reason justifications for political proposals are addressed to citizens who would find acceptable those justifications, and consequently would comply freely with those proposals should they become law. Hence public reasoning involves (...) 'local ideal theorizing': the justification of political proposals includes their consideration and evaluation under conditions of compliance with them by the citizens to whom those justifications are addressed. Local ideal theorizing, moreover, can lead to 'full ideal theorizing', wherein citizens outline and evaluate an amended version of their society’s 'basic structure'. This argument is illustrated by some recent empirical work on inequality within the United States. (shrink)

What does it mean to say that the demands of justice are institutional rather than individual? Justice is often thought to be directly concerned only with governmental institutions rather than individuals’ everyday, legally permissible actions. This approach has been criticized for ignoring the relevance to justice of informal social norms. This paper defends the idea that justice is distinctively institutional but rejects the primacy of governmental institutions. I argue that the ‘pervasive structure of society’ is the site of justice and (...) injustice. It includes all widely enforced social rules and norms, governmental and otherwise, such as informal norms of gender, language and class, and provides a revisionary foundation for the theoretical elucidation and practical pursuit of justice. It provides a framework for evaluating the ways in which people can and should promote justice in their everyday lives. (shrink)

Holt argues that Rawls’s first principle of justice requires democratic control of the economy and that property owning democracy fails to satisfy this requirement; only liberal socialism is fully democratic. However, the notion of democratic control is ambiguous, and Holt has to choose between the weaker notion of democratic control that Rawls is committed to and the stronger notion that property owning democracy fails to satisfy. It may be that there is a tension between capitalism and democracy, so that only (...) liberal socialism can be fully democratic, but if so, we should reject, rather than argue from, the theory of democracy we find in justice as fairness. (shrink)

The aim of this article is to investigate the general and special obligations of parents with respect to the shaping of consumption habits, from a liberal egalitarian perspective. The article argues that, in virtue of them being well placed to shape the next generation's consumption habits, parents have a duty of justice to prevent their children from developing expensive consumption habits in order to enable them to leave their fair share to others. In virtue of the special relationship they have (...) with their children, parents have a duty of care, and this may also require parents to prevent their children from developing expensive consumption habits. Then the article discusses whether and under which conditions these duties hold in unjust circumstances, where a consumerist ethos is predominant and where other parents and educational agents do not collaborate effectively. (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)

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)

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)

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)

Brief thoughts on why Rawls' "fictional" veil of ignorance is in fact real and why social morals and self-interest thus converge.

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)

This paper investigates one of Anderson’s (2007) objections to individually-allocating principles of distributive justice: that they are incompatible with the free market. I argue that Anderson’s objection applies only to the specific principle she discusses, associated with luck egalitarianism, and not to individually-allocating principles generally. I then discuss different individually-allocating principles, the precepts of justice, broached by Rawls (1971,1999) but never developed by him. The precepts determine people’s distributive entitlements based on their contributions, efforts, and needs. I offer an interpretation (...) of each precept, explain why its distributive standard is compelling, show how the precepts avoid Anderson’s objection, and address Rawls’s rationale for not using the precepts in his account of distributive justice. I conclude by comparing the precepts to the kind of principle that Anderson prefers, range-constraining rules, arguing that the precepts meet the key standard associated with those rules. (shrink)

Robert Nozick initiated one of the most inspired and inspiring discussions in political philosophy with his 1974 response in Anarchy, State, and Utopia to John Rawls’s 1971 account of distributive justice in A Theory of Justice. These two works have informed an enormous amount of subsequent, especially liberal, discussions of economic justice, where Nozick’s work typically functions as a resource for those defending more right-wing (libertarian) positions, whereas Rawls’s has been used to defend various left-wing stances. Common to these discussions, (...) as found in politics generally (where similar kinds of arguments frequently are used to defend right and the left-wing policies and conclusions) is that they end in rather stubborn stalemates: the right defending minimal states while the left defends more extensive states. Interesting, too, is that both Nozick and Rawls take themselves to be consistent with, inspired by, and furthering Kant’s freedom project in the development of their own theories of justice. In this paper, I start by outlining the structures of these debates with an emphasis on the original disagreements between Nozick and Rawls. I then show how neither theory actually employed Kant’s own theory of justice, but rather drew on or out (presumed) implications of his ethical theory. In the final sections, I argue that if Nozick and Rawls had instead used Kant’s theory of justice and not his ethics, not only would their individual theories have been stronger, but they could have found ways of overcoming the unproductive stalemates that characterize their own as well as subsequent related discussions of economic justice as we currently find them in much scholarly and contemporary political debate. (shrink)

The central idea of Rawls’s theory of justice is the idea of democratic society as a fair system of cooperation between free and equal citizens. The moral powers of democratic citizens are the capacities presupposed by this idea. Rawls identifies two such powers, the capacity for a conception of the good and the capacity for a sense of justice. I argue that the idea of democratic citizenship presupposes also a third moral power: the capacity for working. Since the basic rights (...) are the rights necessary for the development and exercise of the moral powers of citizenship; and since the capacity for working is such a moral power; and since access to work, education, and healthcare are necessary for the development and exercise of the capacity for working; access to work, education, and healthcare are basic rights. (shrink)

_ Source: _Page Count 26 This paper examines the moral import of a distinction between natural and social inequalities. Following Thomas Nagel, it argues for a “denatured” distinction that relies less on the biological vs. social causation of inequalities than on the idea that society is morally responsible for some inequalities but not others. It maintains that securing fair equality of opportunity by eliminating such social inequalities has particularly high priority in distributive justice. Departing from Nagel, it argues that society (...) can be responsible for inequalities not only when they are the unintended result of justifiable projects, but even when their alleviation would be very costly. Sharing Nagel’s general concept of ‘social inequality’, then, this paper proposes a far more expansive conception. We argue that many disadvantages due to disability fall under this conception. Eliminating or alleviating those disadvantages should be regarded as securing fair equality of opportunity, not improving the condition of the worst-off. (shrink)

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)

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)

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)