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  1. Advantage, Restraint, and the Circumstances of Justice.Chrisoula Andreou - 2017 - Social Theory and Practice 43 (2):397-419.
    I focus on the mutual advantage conception of justice and on a related Humean argument according to which “the circumstances of justice” obtain only when there is a conflict of ends, a suitable level of scarcity, and rough equality of power. I add to the challenges facing the argument by using a Millian illustration whose significance has not been appreciated in prior discussions of the circumstances of justice to show that, contrary to a key premise of the Humean argument, restraining (...)
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  2. Global Egalitarianism.Chris Armstrong - 2009 - Philosophy Compass 4 (1):155-171.
    To whom is egalitarian justice owed? Our fellow citizens, or all of humankind? If the latter, what form might a global brand of egalitarianism take? This paper examines some recent debates about the justification, and content, of global egalitarian justice. It provides an account of some keenly argued controversies about the scope of egalitarian justice, between those who would restrict it to the level of the state and those who would extend it more widely. It also notes the cross-cutting distinction (...)
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  3. Justice at the Margins: The Social Contract and the Challenge of Marginal Cases.Nathan Bauer & David Svolba - 2017 - Southern Journal of Philosophy 55 (1):51-67.
    Attempts to justify the special moral status of human beings over other animals face a well-known objection: the challenge of marginal cases. If we attempt to ground this special status in the unique rationality of humans, then it becomes difficult to see why nonrational humans should be treated any differently than other, nonhuman animals. We respond to this challenge by turning to the social contract tradition. In particular, we identify an important role for the concept of recognition in attempts to (...)
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  4. On Political Legitimacy, Reasonableness, and Perfectionism.Thomas M. Besch - 2013 - Public Reason 5 (1):58-74.
    The paper advances a non-orthodox reading of political liberalism’s view of political legitimacy, the view of public political justification that comes with it, and the idea of the reasonable at the heart of these views. Political liberalism entails that full discursive standing should be accorded only to people who are reasonable in a substantive sense. As the paper argues, this renders political liberalism dogmatic and exclusivist at the level of arguments for or against normative theories of justice. Against that background, (...)
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  5. On Practical Constructivism and Reasonableness.Thomas M. Besch - 2004 - Dissertation, University of Oxford
    The dissertation defends that the often-assumed link between constructivism and universalism builds on non-constructivist, perfectionist grounds. To this end, I argue that an exemplary form of universalist constructivism – i.e., O’Neill’s Kantian constructivism – can defend its universalist commitments against an influential particularist form of constructivism – i.e., political liberalism as advanced by Rawls, Macedo, and Larmore – only if it invokes a perfectionist view of the good. (En route, I show why political liberalism is a form of particularism and (...)
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  6. Beyond Legitimacy. Can Proceduralism Say Anything Relevant About Justice?Emanuela Ceva - 2012 - Critical Review of International Social and Political Philosophy 15 (2):183-200.
    Whilst legitimacy is often thought to concern the processes through which coercive decisions are made in society, justice has been standardly viewed as a ‘substantial’ matter concerning the moral justification of the terms of social cooperation. Accordingly, theorization about procedures may seem appropriate for the former but not for the latter. To defend proceduralism as a relevant approach to justice, I distinguish three questions: (1) Who is entitled to exercise coercive power? (2) On what terms should the participants to a (...)
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  7. Anything goes? La giustizia procedurale e il disaccordo morale.Emanuela Ceva - 2010 - Philosophy and Public Issues - Filosofia E Questioni Pubbliche 14:69-85.
    Questo articolo offre una difesa dell'approccio procedurale alla giustizia rispetto alle critiche che ne evidenziano l'indeterminatezza normativa. A questo fine, l'articolo inizia con la presentazione di un modello di proceduralismo capace di rivelare la specificità di questo approccio alla giustizia rispetto alle alternative orientate agli esiti. La difesa di questo modello di proceduralismo si avvale di due strumenti che, all’interno del pensiero democratico liberale, sono stati invocati spesso quali canali di contestazione degli esiti politici e legali: la disobbedienza civile e (...)
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  8. Plural Values and Heterogeneous Situations. Considerations on the Scope for a Political Theory of Justice.Emanuela Ceva - 2007 - European Journal of Political Theory 6 (3):359-375.
    This article aims to investigate the way in which a political theory of justice should respond to the endorsement of pluralism. After offering reasons in support of the necessity for such a theory to take pluralism seriously, an argument is put forward for its characterization in minimal and procedural terms. However, taking issue with the straightforward relationship of implication identified by a number of scholars between pluralism and procedural justice, this article contends that a direct relation can only be established (...)
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  9. Justice, Legitimacy, and Diversity: Political Authority Between Realism and Moralism.Emanuela Ceva & Enzo Rossi (eds.) - 2012 - Routledge.
    Most contemporary political philosophers take justice—rather than legitimacy—to be the fundamental virtue of political institutions vis-à-vis the challenges of ethical diversity. Justice-driven theorists are primarily concerned with finding mutually acceptable terms to arbitrate the claims of conflicting individuals and groups. Legitimacy-driven theorists, instead, focus on the conditions under which those exercising political authority on an ethically heterogeneous polity are entitled to do so. But what difference would it make to the management of ethical diversity in liberal democratic societies if legitimacy (...)
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  10. Social Equality and the Global Society.Pierre Cloarec - 2017 - Journal of Moral Philosophy 14 (5):535-561.
    Are democratic egalitarians bound to endorse statism? It seems so, since they insist on democratic reciprocity, and no such relation exists in the global realm. Would it not, then, be inconsistent to endorse both cosmopolitanism and democratic egalitarianism? Democratic egalitarians seemingly face a dilemma: either they accept statism, or they must explain why not. Luck egalitarianism, by contrast, seemingly grounds more straightforwardly the claim that justice is global in scope. My thesis is twofold: first, I show that democratic egalitarians can (...)
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  11. Procedural Justice and Information in Conflict-Resolving Institutions.Kenneth M. Ehrenberg - 2003 - Albany Law Review 67:167-209.
    Notions of procedural justice alone are sufficient to support evidentiary exclusions in a wide variety of legal and law-like institutions that focus on conflict resolution, including courts. Special attention is paid to the relevance and need for exclusion of parties’ own assessments of the value of their claims.
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  12. L'etica della cura e le teorie del riconoscimento.Estelle Ferrarese - 2011 - Iride: Filosofia e Discussione Pubblica 24 (2):393-410.
  13. Love and Justice: A Paradox?Anca Gheaus - 2017 - Canadian Journal of Philosophy 47 (6):739-759.
    Three claims about love and justice cannot be simultaneously true and therefore entail a paradox: (1) Love is a matter of justice. (2) There cannot be a duty to love. (3) All matters of justice are matters of duty. The first claim is more controversial. To defend it, I show why the extent to which we enjoy the good of love is relevant to distributive justice. To defend (2) I explain the empirical, conceptual and axiological arguments in its favour. Although (...)
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  14. Distance, Divided Responsibility and Universalizability.Karen Green - 2003 - The Monist 86 (3):501-515.
    Peter Singer is responsible for having developed a powerful argument that apparently shows that most of us are far more immoral than we take ourselves to be. Many people follow a minimalist morality. They avoid killing, stealing, lying and cruelty, but feel no obligation to devote themselves to the well-being of everybody else. If we are unstintingly generous, constantly kind or untiring advocates for the prevention of cruelty, we take it that we are doing more morally than is strictly required. (...)
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  15. A Conceptual Investigation of Justice.Kyle Johannsen - 2018 - New York, USA: Routledge.
    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 (...)
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  16. In Defence of Cosmopolitanism.Carl Knight - 2011 - Theoria: A Journal of Social and Political Theory 58 (129):19-34.
    David Miller has objected to the cosmopolitan argument that it is arbitrary and hence unfair to treat individuals differently on account of things for which they are not responsible. Such a view seems to require, implausibly, that individuals be treated identically even where (unchosen) needs differ. The objection is, however, inapplicable where the focus of cosmopolitan concern is arbitrary disadvantage rather than arbitrary treatment. This 'unfair disadvantage argument' supports a form of global luck egalitarianism. Miller also objects that cosmopolitanism is (...)
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  17. The Thinking Man's Marxist. [REVIEW]Andy Lamey - 2010 - The Literary Review of Canada (June).
    An essay-review of the work of G. A. Cohen, timed to the publication of Why Not Socialism?.
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  18. The Object of Repair: Commentary on Margaret Urban Walker’s ‘Restorative Justice and Reparations'.Alice MacLachlan - 2007 - Symposium on Race, Gender and Philosophy 3 (2).
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  19. On the Scope of Justice.Søren Flinch Midtgaard - 2012 - Croatian Journal of Philosophy 12 (1):77-96.
    The paper defends the so-called political conception of the scope of justice proposed by Thomas Nagel. The argument has three stages: (a) I argue that A. J. Julius’ influential criticism of the political conception can be answered. Pace Julius, actual and (relevant) hypothetical cases of state coercion do in fact involve a claim to the effect that people have a duty to obey, so the problem of justice does arise, according to Nagel’s criterion, in the critical cases scrutinised by Julius. (...)
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  20. Justice and Peaceful Cooperation.Michael Moehler - 2009 - Journal of Global Ethics 5 (3):195-214.
    Justice is important, but so is peaceful cooperation. In this article, I argue that if one takes seriously the autonomy of individuals and groups and the fact of moral pluralism, a just system of cooperation cannot guarantee peaceful cooperation in a pluralistic world. As a response to this consideration, I develop a contractarian theory that can secure peace in a pluralistic world of autonomous agents, assuming that the agents who exist in this world expect that peaceful cooperation is the most (...)
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  21. Inequity/Iniquity: Card on Balancing Injustice and Evil.Adam Morton - 2004 - Hypatia 19 (4):199-203.
    Card argues that we should not give injustice priority over evil. I agree. But I think Card sets us up for some difficult balancings, for example of small evils against middle sized injustices. I suggest some ways of staying off the tightrope.
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  22. Negative Perfectionism.Platz Jeppe von - 2012 - Philosophy and Public Issues 2 (1):101-122.
    In this essay I defend a variety of political perfectionism that I call negative perfectionism. Negative perfectionism is the position that if some design of the basic structure of society promotes objectively bad human living, then this should count as a reason against it. To give this hypothetical some bite, I draw on Rousseau’s diagnosis of the maladies of his society to defend two further claims: first, that some human lives are objectively bad, and, second, that some designs of the (...)
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  23. Why Brian Barry Should Be a Multiculturalist.Joshua Preiss - 2009 - Social Theory and Practice 35 (2):229-249.
    In this paper I argue that Barry, given the commitments that underlie his own theory of justice as impartiality, should be far more receptive to claims for cultural accommodation. Recognizing certain cultural rights claims will help balance against the ways that policies adopted by democratic majorities fail to treat members of minority cultural groups impartially. While I frame the paper in terms of an immanent criticism of this well-known opponent to multiculturalism, my analysis places demands on a whole section of (...)
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  24. The Practice-Independence of Intergenerational Justice.Merten Reglitz - 2016 - Utilitas 28 (4): 415-440.
    The question whether distributive justice is at bottom practice-dependent or practice-independent has received much attention in recent years. I argue that the problem of intergenerational justice resolves this dispute in favor of practice-independence. Many believe that we owe more to our descendants than leaving them a world in which they can merely lead minimally decent lives. This thought is particularly convincing given the fact that it is us who determine to a significant extent what this future world will look like. (...)
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  25. Justice, Legitimacy, and (Normative) Authority for Political Realists.Enzo Rossi - 2012 - Critical Review of International Social and Political Philosophy 15 (2):149-164.
    One of the main challenges faced by realists in political philosophy is that of offering an account of authority that is genuinely normative and yet does not consist of a moralistic application of general, abstract ethical principles to the practice of politics. Political moralists typically start by devising a conception of justice based on their pre-political moral commitments; authority would then be legitimate only if political power is exercised in accordance with justice. As an alternative to that dominant approach I (...)
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  26. The Limits of Background Justice.Thomas Porter Sinclair - 2013 - Social Philosophy and Policy 30 (1-2):352-372.
    The argument from background justice is that conformity to Lockean principles of justice in agreements and transactions does not preclude the development of inequalities that undermine the freedom and fairness of those very transactions, and that, therefore, special principles are needed to regulate society's Rawls offers this argument as his for taking the basic structure to be the primary subject of justice. Here I explore the background justice argument and its implications for questions about the scope of distributive justice. As (...)
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  27. “Transitional Justice in Post-Genocide Rwanda: An Integrative Approach”.Lynne Tirrell - 2015 - In Claudio Corradetti, Nir Eisikovits & Jack Rotondi (eds.), Theorizing Transitional Justice. Ashgate.
    An imperfect “politics of justice” seems to be inevitable in the aftermath of genocide. In Rwanda, this is especially true, given the scale of the atrocities, the breadth of participation, and the need to build a justice system from scratch while establishing security and restoring the rule of law. Official contexts for survivor testimony and corresponding perpetrator punishment are crucial for establishing shared norms and narratives, but these processes can destabilize social relations in important ways. Accordingly, without development, these justice (...)
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  28. Intergenerational Justice: The Rights of Future People or the Duty of Fair Play.Makoto Usami - 2011 - Tokyo Institute of Technology Department of Social Engineering Discussion Paper (2011-05):1-19.
    Among various views on intergenerational justice, the most widely accepted theory invokes the rights of future generations. However, the rights theory seems to suffer from the non-identity problem addressed by Derek Parfit. Some rights theorists attempt to circumvent the problem by examining causal links between actions taken by preceding generations and their effects on succeeding ones. Others try to do so by replacing future individual rights with such collective rights. This paper argues that both individualist and collectivist versions of the (...)
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  29. Intergenerational Rights: A Philosophical Examination.Makoto Usami - 2011 - In Patricia Hanna (ed.), An Anthology of Philosophical Studies, Vol. 5. Athens Institute of Education and Research.
    One of the primary views on our supposed obligation towards our descendants in the context of environmental problems invokes the idea of the rights of future generations. A growing number of authors also hold that the descendants of those victimized by historical injustices, including colonialism and slavery, have the right to demand financial reparations for the sufferings of their distant ancestors. However, these claims of intergenerational rights face theoretical difficulties, notably the non-identity problem. To circumvent this problem in a relationship (...)
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  30. World Poverty and Justice Beyond Borders.Makoto Usami - 2005 - Tokyo Institute of Technology Department of Social Engineering Discussion Paper (05-04):1-18.
    Most cosmopolitans who are concerned about world poverty assume that for citizens of affluent societies, justice beyond national borders is a matter of their positive duty to provide aid to distant people suffering from severe poverty. This assumption is challenged by some authors, notably Tomas Pogge, who maintains that these citizens are actively involved in the incidence of poverty abroad and therefore neglect their negative duty of refraining from harming others. This paper examines the extent to which it is pertinent (...)
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  31. Rortyan Cultural Politics and the Problem of Speaking for Others.Christopher Voparil - 2011 - Contemporary Pragmatism 8 (1):115-131.
    This paper examines Rorty's notion of philosophy as cultural politics. Highlighting its explicitly Deweyan origins, I trace this idea to Rorty's call in the 1970s for philosophers to be more involved in the cause of enlarging human freedom. Rorty brings philosophy into his project of expanding the conversation beyond the West to include excluded voices through literature and narrative. After underscoring Rorty's important contributions, I argue that rather than merely assimilating non-Western voices to "our" conversation, cultural politics demands that privileged (...)
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